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2024-01-16 Regular CC Minutes MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- JANUARY 16, 2024- -7:00 P.M. Mayor Ezzy Ashcraft convened the meeting at 7:00 p.m. Councilmember Jensen led the Pledge of Allegiance. ROLL CALL - Present: Councilmembers Daysog, Herrera Spencer, Jensen, Vella, and Mayor Ezzy Ashcraft — 5. [Councilmember Vella arrived at 7:06 p.m.] Absent: None. AGENDA CHANGES (24-019) Mayor Ezzy Ashcraft stated at the last meeting, Council agreed to hear the Council Referrals after the Consent Calendar since all Referrals were not addressed. Councilmember Jensen moved approval of moving the Council Referrals up in the agenda. Councilmember Herrera Spencer seconded the motion, which carried by unanimous voice vote —4. [Absent: Councilmember Vella — 1.] Councilmember Jensen moved approval of hearing the Alameda High swim center design [paragraph no. 24-036] first under Regular Agenda Items. Councilmember Herrera Spencer suggested the Alameda Museum item [paragraph no. 24- 039] be heard after the swim center design. Mayor Ezzy Ashcraft expressed support for Councilmember Jensen's motion. Vice Mayor Daysog seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Daysog, Jensen and Mayor Ezzy Ashcraft — 3. Noes: Councilmember Herrera Spencer— 1. [Absent: Councilmember Vella — 1.] PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (24-020) Proclamation Declaring January 15, 2024 as Martin Luther King Day. Mayor Ezzy Ashcraft read the proclamation. ORAL COMMUNICATIONS, NON-AGENDA (24-021) Brian Kennedy, Alameda, expressed appreciation for Council not sending a letter regarding Gaza ceasefire. (24-022) Brooke El-Amine, Alameda, expressed concern over community safety and expressed support for a ceasefire. Regular Meeting Alameda City Council January 16,2024 1 (24-023) Saara Ahmed stated people are unsafe; discussed after-effects of September 11th (24-024) Maia discussed San Francisco City Council meetings; stated the Council Chambers is not a safe place. (24-025) Andrew Santos, Buena Vista United Methodist Church, urged Council to make a formal endorsement for immediate ceasefire. (24-026) Shelby Sheehan, Alameda, discussed living conditions within her City-owned rental property and an eviction lawsuit. (24-027) Laura Thomas, Alameda Families and Friends for a Ceasefire, stated people understand a community which stands up and cares; quoted Dr. Martin Luther King Jr. (24-028) Michael Yoshii, Alameda, expressed appreciation for the ceasefire letter; stated the Gaza conflict is the current moral compass; quoted Dr. Martin Luther King Jr. CONSENT CALENDAR Councilmember Herrera Spencer inquired whether the Tentative Map 8696 [paragraph no. 24-032] is ministerial and required to allow building on the parcels. The Planning Services Manager responded the action is discretionary and requires findings to be made. In response to Councilmember Herrera Spencer's further inquiry, the Planning Services Manager stated the lots would be created as legal lots which could be separately owned; the City could sell or lease lots to other parties; part of the map helps realign some streets and facilitates development. Councilmember Herrera Spencer inquired whether the matter is related to the trailer at Jean Sweeney Park, to which the Planning Services Manager responded in the negative. Mayor Ezzy Ashcraft inquired whether the matter relates to property at Alameda Point, to which the Planning Services Manager responded in the affirmative. Discussed California Environmental Quality Act (CEQA) documentation: Shelby Sheehan, Alameda. Councilmember Herrera Spencer inquired when CEQA information will be provided. The City Attorney responded CEQA analysis is included within the staff report, under the Environmental Review section; stated the matter asks Council to make an exemption finding. Councilmember Herrera Spencer inquired whether staff is requesting Council to exempt and not proceed with a CEQA analysis for the matter. Regular Meeting Alameda City Council January 16,2024 2 The City Attorney responded in the negative; stated staff is citing public resources code section 21083.3 and CEQA guidelines 15183 to indicate that no additional environmental review is required. Councilmember Herrera Spencer stated that she previously participated in a consultant analysis of the Alameda Fire Department; she has repeatedly requested the analysis be presented prior to approving a new contract; inquired the status of receiving the analysis. The City Manager responded the work is being finalized; stated there have been a couple technical reviews by departments; the consultant is expected to finalize the draft report for review shortly; once she completes her review, the matter will come to Council, likely within the first part of the year. Councilmember Herrera Spencer inquired the breadth of the analysis and what details will be included. The City Manager responded the report is called a Standards of Coverage analysis; stated the report is more comprehensive and looks at the entire Fire Department; there were stakeholder interviews as well as a community survey; the consultant is trained to look at performance metrics from best practices throughout the State; the consultant will perform an analysis on facilities and financials and will perform a comprehensive review of the Department and services to come up with a series of recommendations and proposed changes; based on the consultant recommendations, staff will return to Council with recommendations to implement some of the findings. Councilmember Herrera Spencer inquired whether the report could indicate that the City needs a new Fire Station. The City Manager responded the report could look at Station 5 at Alameda Point; stated based on a number of details, there may be a need for a new station at Alameda Point or another location within the City; the details will be reviewed and any need for an additional fire station will be part of the analysis. Councilmember Herrera Spencer inquired whether the analysis could include a recommendation to hire additional Firefighters. The City Manager responded a recommendation for a new fire station would include any required staffing; stated some existing staff could be included; staff will need to find ways to implement recommendations. Councilmember Herrera Spencer inquired whether the contract commits the City to increases in pay, to which the City Manager responded in the affirmative. Councilmember Herrera Spencer inquired how the City can have a budget in light of anticipated associated costs of the contract over two years prior to receiving the consultant report. The City Manager responded a recommendation to build a new fire station or add more staff Regular Meeting Alameda City Council January 16,2024 3 would likely take many years; stated the previous contract expired at the end of December; it is unlikely that any new fire station or personnel would fall within the term of the proposed contract. Councilmember Jensen inquired whether the study is a review and analysis of compensation and working conditions, to which the City Manager responded in the negative. Vice Mayor Daysog recorded a no vote on the Fire Memorandum of Understanding (MOU) [paragraph no. 24-031]. Councilmember Vella moved approval of the Consent Calendar. Councilmember Jensen seconded the motion. Under discussion, Councilmember Herrera Spencer recorded a no vote on the MOU and Tentative Map 8696. On the call for the question, the motion carried by unanimous voice vote - 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] (*24-029) Minutes of the Special City Council Meeting, the Special Joint City Council and Successor Agency to the Community Improvement Commission Meeting and the Regular City Council Meeting Held on December 19, 2023. Approved. (*24-030) Ratified bills in the amount of$4,986,313.78. (24-031) Resolution No. 16131, "Approving Memorandum of Understanding between the International Association of Firefighters, Local 689 and the City of Alameda for a 24-Month Term Commencing December 19, 2023, and Ending December 31, 2025." Adopted. Since Councilmembers Daysog and Herrera Spencer recorded no votes, the resolution was adopted by the following vote: Ayes: Councilmembers Jensen, Vella and Mayor Ezzy Ashcraft— 3. Noes: Councilmembers Daysog and Herrera Spencer— 2. (24-032) Resolution No. 16132, "Approving Vesting Tentative Map (Tract 8696) to Subdivide a 160.64-Acre City-Owned Parcel (APN 74-1368-18-4) into 23 Lots, Three Remainder Parcels and Associated Public Rights of Way on Pan Am Way, West Midway Avenue, West Ranger Avenue, West Tower Avenue, Orion Street, and Main Street at Alameda Point." Adopted. Since Councilmembers Herrera Spencer recorded a no vote, the resolution was adopted by the following vote: Ayes: Councilmembers Daysog, Jensen, Vella and Mayor Ezzy Ashcraft —4. Noes: Councilmembers Herrera Spencer— 1. COUNCIL REFERRALS (24-033) Consider Directing Staff to Draft an Ordinance Amending the Sunshine Ordinance Regular Meeting Alameda City Council January 16,2024 4 to Move to a Hearing Officer Model to Hear Sunshine Ordinance Complaints. (Mayor Ezzy Ashcraft and Councilmember Jensen) Mayor Ezzy Ashcraft gave a brief presentation. Councilmember Vella inquired whether the matter will have to return to Council to move forward. The City Attorney responded the matter requires a change to local law; stated staff will bring forth an ordinance to Council at a future date. Mayor Ezzy Ashcraft inquired whether Council can direct staff to bring the ordinance to Council, to which the City Attorney responded in the affirmative. The City Clerk noted the Council Referral requests the matter be addressed by the Open Government Commission (OGC) at its next meeting; stated the OGC would provide input prior to staff drafting the ordinance. Expressed support for the Hearing Officer model: Zac Bowling, Alameda. Councilmember Vella moved approval of the matter returning to Council as directed, including staff bringing the matter to the OGC and drafting an ordinance for Council consideration; expressed support for moving forward quickly and transparently; stated the process has been refined multiple times; ordinances can be amended by future Council; requested metrics and a review looking back at progress comparisons after 6 months and 12 months. Mayor Ezzy Ashcraft expressed support for the motion. Councilmember Jensen seconded the motion. Under discussion, Councilmember Herrera Spencer inquired the costs associated with hiring a Hearing Officer. The City Attorney responded the cost would likely be neutral or provide a cost savings due to the associated staff time on OGC hearings; stated the City would not need as much additional support from staff. Councilmember Herrera Spencer inquired whether the information and input from the OGC will be included in the future staff report to Council, to which Mayor Ezzy Ashcraft responded in the affirmative. Vice Mayor Daysog stated that he generally supports Council Referrals out of courtesy; expressed support for the current motion. On the call for the question, the motion carried by unanimous voice vote — 5. (24-034) Consider Directing Staff to Draft an Ordinance Prohibiting Animal Testing and Regular Meeting Alameda City Council January 16,2024 5 Experimentation on Property Owned or Controlled by the City of Alameda. (Councilmembers Herrera Spencer and Vella) Councilmembers Herrera Spencer and Vella gave a brief presentation. Urged Council to support the matter and prohibit animal experiments on City property; discussed clinical trials: Elaine Carlitz, Walnut Creek Area. Urged Council to approve the matter; discussed human tissue tests and chips: Ryan Merkley, Physician's Committee for Responsible Medicine. Expressed support for the Council Referral: Tod Hickman. Discussed Science Corp lease proceedings; expressed concern over the lease agreement process: Shelby Sheehan, Alameda. Mayor Ezzy Ashcraft expressed concern over the Referral; stated Council previously directed staff to return with a study session addressing leases and selling property at Alameda Point; the direction was provided on October 17 and the Council Referral was placed on the agenda on October 23; the Referral calls for a blanket ban on leasing or selling City property to companies that engage in any form of animal testing without waiting for a staff recommendation; expressed support for Council receiving input from staff during the study session; stated that she cannot support the Referral moving forward as it is premature; inquired about options. The City Manager responded staff will request leasing direction from Council during the Alameda Point study session; the direction sought includes clarity on types of desired and not desired leases in order to truncate staff time spent on bringing related items to Council; staff prefers to have the Council direction provided acting as the property owner as opposed to the property regulator; expressed concern over the potential for a Council policy resulting in a chilling effect on the life science industry which could discourage uses on City-owned properties; stated lease transactions require four affirmative votes and regulatory votes only require three affirmative votes; the bar is higher for lease approvals. Councilmember Vella inquired how much staff time was spent on the lease related to Max Hodak. The City Manager responded a significant amount of staff time was spent preparing the Science Corp lease; stated direction given at the Alameda Point study session will minimize upfront time by providing more clarity on leasing priorities. In response to Councilmember Vella's inquiry related to Science Corp, the City Attorney stated Council is referencing Science Corp in order to make a decision on the current matter and the discussion is allowable. Councilmember Vella stated a staff member could spend time meeting with a prospective tenant that performs animal testing and elevate the lease for further review; the Alameda Point study session sets preferences and does not elicit a ban on certain lease types. Regular Meeting Alameda City Council January 16,2024 6 The City Attorney stated the Council Referral establishes a clear bar and is definitive; Council priorities are directions, but perhaps not as strong as an ordinance. Councilmember Vella stated Council has provided direction to staff specific to Alameda Point; Council has made strong suggestions and recommendations; there have been staff members who have ignored the suggestions and recommendations; it is Council's job to effectively manage City resources; she supports staff having wide latitude to make decisions; she feels strongly about the related topic; Council needs to provide clear direction; the matter is not a prohibition on life sciences; it would be helpful to know the how many life science leases or property transfers have occurred; none have occurred to her knowledge. The City Manager stated staff is trying to attract the life science sector; life sciences are not currently present at Alameda Point and are one of the top economic development strategic priorities. Mayor Ezzy Ashcraft some of the concerns related to staff actions happened prior to the current City Manager and new hires. Councilmember Vella responded that her comments are not levied towards the City Manager; stated clear cut direction in the form of an ordinance helps the City Manager manage staff. Councilmember Jensen inquired whether the City has other ordinances prohibiting any other activities on City owned properties. The City Manager responded the City zoning includes rules and regulations for use types; stated Alameda Point has sub-districts; she is not aware of any ordinances directly related to City-owned properties; noted there are cannabis regulations due to federal law. Councilmember Jensen inquired whether there are any other discretionary prohibitions against activities for City leases. The City Attorney responded in the affirmative; stated the City does have a number of zoning controls and staff would not enter into a lease which violates zoning; certain uses are not authorized such as a slaughterhouse; a lease for such use would not comply with local law. The City Manager stated individual lease transactions have prescriptive use provisions. Councilmember Jensen stated Council did not approved a lease due to the prospective tenant using certain chemicals; inquired whether Council could approve an ordinance to deny the use of certain carcinogenic chemicals, to which the City Attorney responded in the affirmative. Councilmember Jensen inquired whether the Council action could be approved as a zoning change versus an ordinance to prohibit animal testing. Regular Meeting Alameda City Council January 16,2024 7 The City Attorney responded in the affirmative; stated a zoning change has broader implications; if the City sells the property, the prohibition would run deeper as a zoning change. Councilmember Jensen stated a zoning change could be an option to address concerns regarding animal testing; an ordinance is not completely necessary; it takes fewer votes to alter versus a change to a lease approval; inquired whether any other California cities have related rules against leases in City-owned properties. The City Manager responded other cities likely have bans on certain uses. Councilmember Vella stated the City of Emeryville passed an ordinance banning animal testing; a number of things have been regulated. Councilmember Herrera Spencer moved approval of directing the City Attorney's Office to return with an ordinance prohibiting animal testing and experimentation on City property. Councilmember Vella seconded the motion. Under discussion, Councilmember Herrera Spencer stated it is critical to pass the motion; many speakers have concerns regarding using City property for the purpose of animal testing; the life sciences industry is smart enough to understand prohibition of performing animal testing on City property versus within the City; urged those who do not support the motion to review the photos from Neuralink; expressed concerns over animal testing at Alameda Point and the potential for significant protest on-site if the lease had been approved; discussed Friends of Alameda Animal Shelter (FAAS) efforts to help animals; stated the City does a great job helping to protect animals with the help of FAAS; it would be tragic to have animal testing performed on City property. Mayor Ezzy Ashcraft stated that she will not support the motion due to it being more extreme than necessary; the same objectives can be achieved through the leasing guidelines process. Councilmember Jensen stated that she will not support the motion; expressed support for other city's rules regarding animal testing; noted Emeryville does not have the swath and amount of property need for biotech firms, which are developing cures for disease; animal testing is regulated by other federal and State agencies; the City does not need to take the proposed step and has protections in the approval process for each lease which require four affirmative Council votes to pass. Vice Mayor Daysog stated that he generally supports Council Referrals out of courtesy; expressed support for the current motion; stated that when the matter returns to Council, he will be an open book and looks forward to hearing from members of FAAS and other organizations. On the call for the question, the motion carried by the following voice vote: Ayes: Councilmembers Daysog, Herrera Spencer and Vella — 3. Noes: Councilmember Jensen Regular Meeting Alameda City Council January 16,2024 8 and Mayor Ezzy Ashcraft— 2. (24-035) Consider Providing Direction to Staff to Allow Remote Public Participation under Oral Communications, Non-Agenda (Public Comment) and Clarify who has Authority to Make Such Decisions in the Future. (Councilmember Herrera Spencer) Councilmember Herrera Spencer gave a brief presentation. Expressed support for upholding the current policy; stated it is important for people to show their face during non-agenda public comment; noted the change was made due to recent Zoom bombing; there are multiple ways to submit public comment; questioned whether hate speech can be filtered: Paula Rainey, Alameda. Stated that she objects to the prohibition of remote non-agenda public comments due to a lack of procedure and process being followed and it being prejudicial; the matter limits access and should return to Council for a decision on how to deal with remote participation; expressed concern over exposure to mob mentalities: Shelby Sheehan, Alameda. Stated that he objects to prohibiting remote speakers from speaking during non-agenda public comment; the process is discriminatory, biased and puts limitations on those with disabilities and other barriers; expressed concern over hypocrisy: Tod Hickman. Stated that he has taken time to lobby for expanding rights under the Brown Act; discussed assembly bills related to public comment and access to meetings during the pandemic and flexibility in remote participation; expressed support for the current procedure: Zac Bowling, Alameda. Stated not allowing remote speakers on non-agenda public comment is discriminatory and excludes many members of the community; the community should be inclusive and Council should uphold the values by reopening the remote comment process; she believes the exclusion is a violation of the Brown Act: Carmen Reid, Alameda. Mayor Ezzy Ashcraft inquired whether the limitation on remote non-agenda public comment a violation of the Brown Act, to which the City Attorney responded in the negative. Mayor Ezzy Ashcraft requested clarification of why there is no violation. The City Attorney stated the Brown Act does not require a local agency to provide remote public participation; the City has discretion; Council may create limitations. Mayor Ezzy Ashcraft inquired whether there is a way for Council to filter hate speech which may arise in the course of public comment. The City Attorney responded in the negative; stated the Brown Act sets forth specific limitations on when a public speaker may be denied their first amendment right to speak in front of a public body; the City is a governmental agency, unlike a commercial business, and Council meetings are a chance for the public to address elected representatives; under established judicial guidance, members can only lose their ability to address the Council Regular Meeting Alameda City Council January 16,2024 9 when actions are actually disruptive or otherwise violate criminal laws; speech that is hateful and otherwise uncomfortable is not sufficient for the member of the public to lose their first amendment right. Councilmember Vella expressed concern over free speech protected under the constitution and viewpoint and content-based discrimination versus the Brown Act; stated that she is concerned over not hearing an intent to quiet or prevent certain types of views being expressed or content-based speech; a number of comments made at Council meetings have been abhorrent, problematic, and hurtful; the bar for establishing something as hate speech in a public forum is difficult; expressed concern over the timing; stated there are a number of ways for people to contact Councilmembers and express views; Councilmembers receive e-mails, calls, and meeting requests; Council has an obligation to expeditiously get through City business in addition to hearing from members of the public; the matter walks the line and she is comfortable supporting the current process without change. Vice Mayor Daysog stated that he generally supports Council Referrals out of courtesy; his position on the matter when it returns to Council could vary; it is odd to limit remote non- agenda public comments but not agendized matters; the City Attorney has provided cogent arguments in response to questions; he must be ready as a Councilmember to be surprised by new thoughts provided by members of the public; expressed support for the matter returning to Council in order to further probe the strength of staff's analysis. Councilmember Herrera Spencer moved approval of having the matter be placed on a future agenda as a Regular Agenda item for discussion. Vice Mayor Daysog seconded the motion, which failed by the following voice vote: Ayes: Councilmembers Daysog and Herrera Spencer — 2. Noes: Councilmember Jensen, Vella, and Mayor Ezzy Ashcraft— 3. CONTINUED AGENDA ITEMS None. REGULAR AGENDA ITEMS (24-036) Recommendation to Approve the Final Design by Alameda Unified School District (AUSD) for the Swim Center at Alameda High School. The Recreation and Parks Director, Shariq Khan, AUSD, and Mark Quattrocchi, Quattrocchi Kwok Architects, gave a Power Point presentation. Vice Mayor Daysog inquired whether staff is open to making changes related to the practice court; stated tennis courts are typically built on a north-south axis, not east-west due to the sun. Mr. Quattrocchi responded the configuration has to do with the orientation of the softball field; stated rotating the court was the only way to maintain the softball field; remaining Regular Meeting Alameda City Council January 16,2024 10 courts will maintain the existing configuration. Vice Mayor Daysog stated expressed concern over a court facing east-west; stated it would be best to yield the court space to the softball field and five tennis courts would remain. Councilmember Jensen inquired whether there is any encroachment on the existing courts; stated the courts have massive alleys; inquired whether alleys will be reduced. Mr. Quattrocchi responded in the affirmative; stated the north margin has moved due to the size of the pool to provide enough room for bleachers. Councilmember Herrera Spencer inquired the estimated cost to complete the proposal. The Recreation and Parks Director responded the complete budget for both the City and AUSD is $15 million, including all construction and non-construction costs. Councilmember Herrera Spencer inquired whether the estimate builds in any excess if something goes wrong and whether there is a cushion. Mr. Quattrocchi responded there are two different contingencies; stated there is a 10% construction contingency, as well as a design contingency of about 5%; a 15% contingency allows for issues during construction or bidding. Councilmember Herrera Spencer inquired what happens if the project costs come in higher; stated the City has allocated $7.5 million. The Recreation and Parks Director responded the current joint use agreement allows the City to pay up to $7.5 million, but does not require additional spending. The City Manager stated being over cost generally can happen; staff would look at value engineering or creative design solutions; the project will maintain the same scope within budget with value engineering or project postponement; alternative funding sources could be reviewed to keep costs the same or increase funding; adding funding to the project would be at the discretion and approval of Council. Councilmember Herrera Spencer inquired whether there is a Project Labor Agreement (PLA) for the project, to which the Recreation and Parks Director responded in the affirmative. Councilmember Vella inquired how the project will address the changing facilities. The Recreation and Parks Director responded the overall cost for building renovations triggers a seismic requirement and the estimates received were cost prohibitive. Mr. Khan stated working on the pool building triggers Division of the State Architect (DSA) review; the building will not be touched during construction of the pool; once the pool is complete, there are plans to perform basic cosmetic work on the building. Regular Meeting Alameda City Council January 16,2024 11 Stated the work on Emma Hood is made possible due to the community supported Measure B; expressed support for the City partnership on the project; stated the School Board has approved the design; urged Council to approve the design: Ryan Lalonde, AUSD. Discussed the matter of a public pool at Jean Sweeney Park and the related costs for a pool at the Piedmont School District: Shelby Sheehan, Alameda. Expressed support for the project and for building in sun protection: Paula Rainey, Alameda. Expressed support for the inclusion of a bike shed; urged Council to approve the proposed project design; stated that he supports adding a pickleball court: Zac Bowling, Alameda. Councilmember Vella noted the current matter discusses the Emma Hood pool at Alameda High School and differs from the Jean Sweeney pool. The Recreation and Parks Director concurred with Councilmember Vella; stated a speaker referenced the Alameda Aquatics Center which currently has a request for proposals out for design and construction; the project is separate from the current matter. Councilmember Vella stated there will be additional opportunity for public input on the Jean Sweeney pool; many speakers have posed several major requests; AUSD has already approved the design; inquired the process if Council makes significant design changes. The Assistant City Manager responded the agreement indicates the City is a partner in design; stated significant design changes would require updates with the State Architect and an update to the design presented to the DSA which would delay the project. Councilmember Vella moved approval of the final design as presented by AUSD. Councilmember Vella stated there have been many years of public review and input; there has been a tremendous amount of work associated with the project; expressed support for the partnership with AUSD; stated the City has exemplified stewardship with its partnership with AUSD; the proposed project benefits the entire community; the space will be accessed and utilized for both AUSD and City needs; students deserve an aquatic facility that meets needs to ensure traveling off-site does not occur; aquatic sports are a major opportunity for many women to participate in athletics and opens access in meaningful ways for the community; students engaged in athletics perform better. Mayor Ezzy Ashcraft expressed support for the matter; stated that she commends AUSD and the City; the project has come a long way; expressed concern over the lack of funding to update the changing rooms; stated that she learned to swim at the Alameda Swim Center and the locker room still appears the same; expressed support for future cosmetic upgrades; concurred with Councilmember Vella that students deserve the pool as well as the community; stated swimming and aquatic activities are the kinds of things people of all can do; everyone should learn to swim; Alameda voters passed the School Bond knowing that part of the funding would be used for the pool. Regular Meeting Alameda City Council January 16,2024 12 Councilmember Jensen stated the reconstruction of Emma Hood WAS a contentious topic in 2009 to 2010; noted State indicated the safety of the pool was insufficient; Alameda has a large swimming community; Councilmember Herrera Spencer and herself spent many community meetings learning about the issues surrounding the pool and finding solutions; the issue has been present for 14 years; the pool will be a premier site for the School and all of Alameda; discussed spending her time learning to swim at the Alameda Swim Center; expressed support for the project moving forward. Vice Mayor Daysog stated that he is a product of Alameda school swimming pools; expressed support for the progress made on the project and for the School Board; stated many people have contributed to moving the project forward; Council is able to approve the matter due to the support of Alameda residents; the project needs to be planned and built well; he will defer the decision of the tennis court to AUSD; the recommendation of a pickleball court is supported. Councilmember Herrera Spencer stated a speaker indicated a need for shade; inquired how the topic will be addressed. The Recreation and Parks Director responded staff will need to review the layout design and functionality; stated a shade structure is not included in the current design; staff can look at the long-term, but does not currently have an answer; staff and AUSD can consider the topic as things are added to the project; many organizations utilize pop-up tents during tournaments; there are ways the City can bring things to programming to ensure users have access to shade during events. Councilmember Herrera Spencer stated shade canopies work but are not ideal; expressed support for additional review of the matter; noted sunburns occur even during overcast weather; stated that she will be supportive of the project. Councilmember Herrera Spencer seconded the motion, which carried by unanimous voice vote - 5. *** Mayor Ezzy Ashcraft called a recess at 9:16 p.m. and reconvened the meeting at 9:33 p.m. *** (24-037) Study Session on Upcoming Alameda Point Leasing and Sale Activity. *** (24-038) Mayor Ezzy Ashcraft stated 15 minutes is needed for the presentation. Vice Mayor Daysog moved approval of allowing 15 minutes for the presentation. Councilmember Vella seconded the motion, which carried by unanimous voice vote — 5. *** The City Manager introduced new Base Reuse staff. Regular Meeting Alameda City Council January 16,2024 13 The Base Reuse and Economic Development Director gave a Power Point presentation. Expressed concern over the CEQA categorical exemption; discussed exemption exceptions and the Alameda Point environmental impact report (EIR); stated all Alameda Point projects must be reviewed with evidence provided: Shelby Sheehan, Alameda. Expressed concerns over the report documentation and presentation and issues with view corridors, historical integrity, and CEQA: Tod Hickman. Expressed support for the sale and lease of buildings at Alameda Point: Madlen Saddik, Chamber of Commerce. Councilmember Herrera Spencer expressed support for a focus on building sales; stated the City needs to clean up the zoning related to fencing and protecting views; inquired the height of an average shipping container, to which the City Manager responded eight feet. Councilmember Herrera Spencer stated people would have to be taller than eight feet to look over containers; it is difficult to enjoy the views at Alameda Point; a building owner at Spirits Alley has a lot of junk present and viewable while driving down Monarch Street; if property owners add slats to fencing, the view becomes blocked; the City needs to find a way to protect views; manufacturing businesses with junk on premises are not desirable to have near food service businesses; expressed support for staff encouraging businesses to clean up premises; stated a tightening of zoning will help protect the historical integrity and views for Alameda Point; the City is not ready to sell property; questioned the desired business types for Alameda Point; stated that she had not thought life sciences would be synonymous with animal testing; the City loses control of allowable use when buildings are sold; discussed businesses on Spirits Alley; expressed concern over businesses' ability to pay rent if moved to larger facilities; stated that she would prefer to keep the building containing Dashe Cellars; inquired whether the rent is higher for an alternate building. The City Manager responded the current market rent is more than what is being paid under the current lease; stated staff is having active conversations with Dashe Cellars; a decision has not been made about relocation. Councilmember Herrera Spencer inquired whether the square footage of the proposed alternate building is much larger, to which the City Manager responded the space depends on subdivision; stated each space is roughly 20,000 square feet. John McManus, Cushman and Wakefield, stated Brix, Dashe and Urban Cellars are located at Building 25; the bays occupied are 18,000 square feet; the bays in the former Rock Wall building are about 20,000 square feet and are slightly larger. Councilmember Herrera Spencer discussed the City offering a lower rate of rent in order to offset a rent increase to retain the businesses; questioned how the City can work on allow businesses to stay at Alameda Point; stated the City would lose revenue each year; expressed support for the discussion on desired outcomes for Alameda Point; stated animal testing could end up next to a brewery once a building is sold; the City needs to find a way to add expectations to the zoning requirements; she would like to see more restaurants and Regular Meeting Alameda City Council January 16,2024 14 food offerings at Alameda Point versus food trucks in order to complement Spirits Alley; noted space is limited; expressed support for the leasing work provided by Cushman and Wakefield. Councilmember Vella stated previous Alameda Point workshops have been positive; expressed support for providing a matrix of Alameda Point considerations ; stated the considerations vary for sales versus leases; Council needs to consider lessons learned and where improvements can be made for buildings sold, such as Bladium; the specific hamstrings related to building sales need to be captured in a building matrix; future Councils considering building leases can make considerations to avoid or understand costs associated with trade-offs or limited opportunities; valuations or associated costs should be included in the matrix; expressed support for fleshing out the building sale portion; stated best intentions can be assumed, however, it is best to prepare for what has been seen and learned; worst-case scenarios should be considered; more should be done around tightening up storage and nuisance abatement; the related issues will increase with more people present at Alameda Point; expressed support for including tighter language related to building sales; the City loses a lot of control once a building is sold; the vision for Alameda Point could change in the future; building sales could unravel set visions; it is important for the City to sell buildings in order to perform financing, however, the City should be in a place where building sales do not hurt the City in the end; discussed Venture Capitalist (VC) backed businesses; stated VC backed businesses do not necessarily have weak financing; finances depend on who is financially backing a business; several long- term successful tenants have been VC backed; being backed by a Fortune 500 company should count for something and be weighed differently in a matrix that comes to Council as part of the vetting process; the hospitality section has limited overlap; several hotel prospects have failed; restaurants and other hospitality businesses will arrive once there are more people at Alameda Point; a necessary, organic, pathway will need to be followed; expressed support for a discussion related to long-term hospitality; stated several hotels on the West End of Alameda have closed; an analysis as metrics change in the coming years will be helpful for future Councilmembers; expressed concern over selling buildings in the current financial climate and lending market; stated current financing structures will be difficult; more guidance related to alternatives will be helpful for Council to understand the realities; duration of lease terms based on scenarios have been left open enough, but there is interest in staff addressing realities of short-term leases. Mayor Ezzy Ashcraft requested clarification over the City being hamstrung by the sale of the Bladium building. Councilmember Vella stated that she understands the building can only be used as other sports facilities as a term of the sale; Bladium is the exclusive operator of a sports facility at Alameda Point; stated the Bladium terms were a one-off and extreme value was provided; the City could not have foreseen other opportunities that have since arisen relative to other sports and fitness businesses which are now limited. In response to Mayor Ezzy Ashcraft's inquiry regarding Bladium, the City Manager stated there was an exclusive use provision in Bladium's lease which states there cannot be other types of sport uses within Alameda Point; in order to sell the building, a discussion with Council occurred about the provision being time certain. Regular Meeting Alameda City Council January 16,2024 15 The Base Reuse and Economic Development Director stated the sale restricted in line hockey, arena soccer, fitness centers, and rock climbing through the year 2035. The City Manager noted the provision extends through the term of the lease; stated the decision was made to have an exclusive use through the lease term; once the sold, the provision will remain, but the City will have the upfront money to be used for building infrastructure. Mayor Ezzy Ashcraft inquired the timeline for the building sale. The City Manager responded the sale was one of the first for Alameda Point; stated it is difficult to go back and revisit the process; it is possible that having Bladium has attracted other leases at Alameda Point; the provision came with a cost. Mayor Ezzy Ashcraft stated it is difficult to judge matters outside of the context with which they occurred; the City can consider the provision moving forward. Councilmember Vella stated that she would like to understand the value of exclusive use agreements broad terms such as sports facility; the provision has come up; other companies would like to have a fitness facility at Alameda Point; the provisions should be considered. Mayor Ezzy Ashcraft stated the climate is different and she is unsure whether the City would currently entertain exclusive agreements; expressed support for the owner of Bladium taking a chance on Alameda Point. Councilmember Vella stated the terms need to be shared; there is a question about whether or not Council can provide direction on exclusive use agreements unless under extreme or unique circumstances; Council can still indicate there are instances where exclusive use may be recommended under certain criteria. Mayor Ezzy Ashcraft inquired whether the mention of hotel closure on the West End includes the Hawthorne Suites purchase by the Housing Authority that is now housing for the formerly unsheltered. Councilmember Vella responded in the affirmative; stated that she supports the current use which meets a new need; the hotel study for the City is a few years old; the study should be updated in three to four years. Vice Mayor Daysog expressed support for the matter and its format; stated selling properties close to new infrastructure makes sense; retaining high-value hangars is supported; hangars have Bay views and are in areas with the potential for high activation and service or hospitality industries; he prefers retaining the high-value hangar leases; expressed support for public right easements to ensure the public can walk towards the runway; easements can serve as view corridors; he supports the provision that allows for the flexibility to respond nimbly as opportunities arise; once Council has a clear understanding of certain criteria and business opportunities arise which meet all criteria, Regular Meeting Alameda City Council January 16,2024 16 targets, job growth, and capital, staff can have discretion to respond; staff should have flexibility to respond for non-controversial issues that are agreeable and clearly satisfy all criteria; staff should not always have to return to Council for decisions; Council can delineate areas where staff will always need Council approval, but staff should be able to respond nimbly to opportunities in certain areas; discussed the Food Bank area; stated the area is away from major view corridors and staff the should have the ability to react nimbly to situations; discussed the crime bill adoption from 1994 including an element related to closed military bases being places to locate prisons; stated a previous discussion occurred in 1995 about the possibility of a prison facility being placed on Alameda Point; expressed support for the decision to not place a prison at Alameda Point and for the current study session; stated the City will eventually need to let the private sector work its magic at Alameda Point; base conversion has shown the City to be a great steward of the property; the study session provides a good framework in how to move forward with both leasing and sale of buildings. Councilmember Jensen stated that she has been reviewing the issues at Alameda Point for a shorter period than her colleagues; expressed support for Council's intent and work to ensure Alameda Point is a space for housing, commercial business, makers, Spirits Alley, and people; stated that she is looking forward to getting Alameda Point developed further; the study session shows how far the City has come; since the Navy's conveyance, there have been a number of businesses which have achieved remarkable success; the study session and information provided, shows thoughtfulness in determining and identifying ways to continue growth in keeping with what has already been directed; she is in agreement with the preferred uses for Building 41 and Building 92; both buildings are opportunities to support retail and food services for existing and future residents of Alameda Point; expressed support for the development of commercial and retail restaurants as well as attention to uses with greater employment opportunities; discussed the Seaplane Lagoon being a good location; requested clarification on the proposed use for Building 41. The City Manager stated Building 41 has not yet been conveyed and is part of the Phase 3- C conveyance; the environmental issues for Per- and Polyfluorinated Substances (PFAS) can be mitigated and addressed; other environmental issues have been addressed; the issue relates to what goes into the deed provided by the Navy; PFAS is stuck in regulatory purgatory and has received national attention due to being in groundwater; Alameda has strict regulations against groundwater and uses East Bay Municipal Utilities District water; risks relate to soil during construction; the risks are easily mitigated, however, the larger question is whether PFAS is a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) exception under federal law; CERCLA protects the City from certain warranties, agreement has not been reached about including the protections in the deed for Phase 3-C conveyance; staff is having conversations with the Navy and needs to go into the conveyance with eyes wide open on any issues related to PFAS; once the matter is resolved, the City can perform a sale or provide a lease with an option to purchase upon conveyance. Councilmember Jensen stated Building 41 is attractive; she hopes the clearance will be resolved soon; Building 24 is an ideal space to use for beverage purveyors; staff has been working with Cushman and Wakefield to identify opportunities; Building 11 will be worked out later. Regular Meeting Alameda City Council January 16,2024 17 Mayor Ezzy Ashcraft stated the study session and tour have been helpful; expressed concern over the staff report including general feedback during the tour about commercial space needing lower cost leases for contractor yards; stated Alameda Point has amazing property; contractor yards can locate in many other places; she is not supportive of low-cost tenants not paying market-rate rents; there is a concern over job creation at Alameda Point; base reuse mandates are to backfill the 18,000 jobs that were lost when the Navy Base closed; stated the City needs to remain focused on job creation; Councilmembers should be looking for businesses that provide all levels of employment from entry-level to executive; discussed Seaplane Lagoon Ferry commuters; stated the City needs to be thinking about creating jobs; job creation is how the City maintains viability; expressed concern over the City losing control over buildings; stated sold properties are subject to zoning; expressed support for Council having an informed discussion about the forthcoming ordinance to ban animal testing on City-controlled property; stated that she would like to hear from neutral life science companies as part of the informed discussion; expressed support for the staff recommendations as well as not keeping prospective tenants waiting on Council decisions; stated Alameda's planning staff rates highly; Council can provide guidelines for staff. Councilmember Herrera Spencer inquired whether there is a list of prohibited uses in buildings at Alameda Point. The City Manager responded the zoning indicates allowable uses; stated uses not listed as allowed are not acceptable; staff can provide additional zoning information; the City has detailed zoning for each of the subdistricts at Alameda Point; the Historic Districts indicate the overall policy goal of incentivizing the reuse of historic buildings; the uses will be flexible; storage and under-utilized uses are not desired; there is latitude and flexibility in areas; each subdistrict of the zoning has an overall intent and detailed allowable or prohibited uses; if Council desire changes to zoning in the future, staff can bring forth the matter. Councilmember Herrera Spencer stated the zoning information should be included in the report to ensure the public has access. (24-039) Recommendation to Receive a Report on the Alameda Museum Archival Activities on Behalf of the City; and Authorize the City Manager to Execute a Five-Year Agreement with the Alameda Museum in an Amount Not-to-Exceed $42,600 Annually for a Five-Year Total Expenditure of $213,000, for Collection, Preservation, and Exhibition of Alameda's Historical Artifacts and Print/Digital Documents, with a Focus on Diversity and Inclusivity and including Collaboration with City Departments, Community Partners, the Expansion of Online Cataloging Systems, and Educational Programming. *** (24-040) Mayor Ezzy Ashcraft stated 15 minutes is needed for the two presentations. Councilmember Herrera Spencer moved approval of allowing 15 minutes for the presentations. Councilmember Vella seconded the motion, which carried by unanimous voice vote — 5. Regular Meeting Alameda City Council January 16,2024 18 *** The Interim Library Director and Valeria Turpin, Alameda Museum, gave Power Point presentations. Councilmember Herrera Spencer stated that she cannot find information about the Alameda Museum Board on its website; inquired who are the current Board Members. Ms. Turpin responded there are six current Board Members which is down from the typical amount due to relocations: herself, Rasheed Shabazz, Ron Mooney, Melissa Warren- Hagaman, Melissa Marquis, and Haley Secco. Councilmember Herrera Spencer inquired the process to become an Alameda Museum Board Member. Ms. Turpin responded the Museum holds an election each year; the Museum publishes the election online and sends out nominations to members and other organizations; no new nominations were received, which speaks to volunteerism difficulties. Mayor Ezzy Ashcraft stated the matter is timely and appropriate; expressed support; discussed materials in the Museum and her experience visiting the past Museum location in the Carnegie Library basement. Councilmember Herrera Spencer moved approval of accepting the report and approving entering into the five-year agreement adding a provision that the Museum provide Form 990 reports annually in the future. Mayor Ezzy Ashcraft inquired what the Form 990 contains. The Assistant City Manager responded the Form 990 is submitted by non-profits to the Internal Revenue Service which provides basic annual expenditures and revenue for organizations. Mayor Ezzy Ashcraft inquired whether the request to include the Form 990 is reasonable, to which the Assistant City Manager responded in the affirmative. Councilmember Jensen seconded the motion. Under discussion, Councilmember Herrera Spencer expressed support for the Alameda Museum website; urged members of the public join; stated more volunteers are needed; discussed ways to support the Museum through donations. On the call for the questions, the motion carried by unanimous voice vote - 5. CITY MANAGER COMMUNICATIONS (24-041) The City Manager announced upcoming Posey and Webster Tube closures; discussed inaccurate news stories related to the Alameda Police Department hiring Regular Meeting Alameda City Council January 16,2024 19 incentive; announced the upcoming Point-in-Time Count; discussed recent finalization of transportation safety improvements on Main Street near the ferry terminal; urged residents to participate in an online survey related to communications. ORAL COMMUNICATIONS, NON-AGENDA None. COUNCIL COMMUNICATIONS (24-042) Councilmember Herrera Spencer shared recent Police incident reports. (24-043) Mayor Ezzy Ashcraft discussed her attendance at an Elk's Club law enforcement appreciation dinner and an Eagle Scout Court of Honor event. (24-044) Vice Mayor Daysog discussed his attendance at the Elk's Club law enforcement appreciation dinner and the Dr. Martin Luther King Jr. commemoration event. (24-045) Councilmember Jensen discussed her attendance at the Dr. Martin Luther King Jr. commemoration event, the Elk's Club law enforcement appreciation dinner, the Alameda Chamber of Commerce Economic and Government Affairs update, and the living jazz tribute for Dr. Martin Luther King Jr. ADJOURNMENT There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 11:13 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Sunshine Ordinance. Regular Meeting Alameda City Council January 16,2024 20