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2025-01-07 Regular CC Minutes MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- -JANUARY 7, 2025- -7:00 P.M. Mayor Ezzy Ashcraft convened the meeting at 7:05 p.m. ROLL CALL - Present: Councilmembers Boller, Daysog, Jensen, Pryor, and Mayor Ezzy Ashcraft— 5. Absent: None. AGENDA CHANGES None. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (25-002) Proclamation Declaring January 20, 2025 as Martin Luther King Day. Mayor Ezzy Ashcraft read the proclamation. ORAL COMMUNICATIONS, NON-AGENDA (25-003) Brian Kennedy, Alameda, welcomed new Councilmembers and expressed concern about both Alameda being a Sanctuary City and a proposed ceasefire resolution. Mayor Ezzy Ashcraft read from Alameda's Sanctuary City resolution and commented on the ceasefire resolution. (25-004) Briana Wing, Alameda, commented on traffic, swimming pools and Police Department staffing levels. CONSENT CALENDAR Councilmember Jensen inquired about the status of the demolition of 2450 Saratoga Avenue [paragraph no. 25-008]. The Base Reuse Manager stated Building 114, the sheds, and the center warehouse have been demolished and all hazardous materials have been abated from the site; it is ahead of schedule and is working on hauling away materials left; once completed, the site will be fenced and secured. Mayor Ezzy Ashcraft inquired whether the item will continue to be placed on the Consent Calendar in the future. The Acting City Manager responded the item will continue to be placed on the Consent Regular Meeting Alameda City Council January 7,2025 1 Calendar until the project is fully completed. Mayor Ezzy Ashcraft inquired whether staff has an approximate date of when the project will be completed. The Base Reuse Manager responded staff hopes it will be demobilized by the end of January; stated staff plans to return the first meeting of February with a final report. Councilmember Jensen moved approval of the Consent Calendar. Councilmember Daysog seconded the motion, which carried by unanimous voice vote - 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] (*25-005) Minutes of the Special and Regular City Council Meetings Held on December 3, 2024. Approved. (*25-006) Ratified bills in the amount of$4,171,879.68. (*25-007) Recommendation to Authorize the City Manager to Execute an Agreement with OpenGov for Park Maintenance Asset Management Software for the Recreation and Parks Department, for One-Year with Two One-Year Extensions in an Amount Not- to-Exceed $237,019.58. Accepted. (*25-008) Recommendation to Authorize the Continued Action to Address Declaration of Unsafe Building and Notice to Vacate, Case Number X24-0470, for the City-Owned Building Located at 2450 Saratoga Street, Alameda, California. Accepted. (*25-009) Recommendation to Authorize the City Manager to Execute an Agreement with Public Restroom Company for Purchase and Installation of a Prefabricated Restroom at Estuary Park in an Amount Not-to-Exceed $541,371. Accepted. (*25-010) Recommendation to Authorize the City Manager to Execute an Agreement with Public Restroom Company for Purchase and Installation of a Prefabricated Restroom at Estuary Park in an Amount Not-to-Exceed $541,371. Accepted. CONTINUED AGENDA ITEMS None. REGULAR AGENDA ITEMS (25-011) Public Hearing to Consider Introduction of Ordinance Amending the Encinal Terminals Master Plan and Development Agreement (Entered into by the City Council on February 1, 2022) to Modify Interim Milestones and Related / Conforming Regular Meeting Alameda City Council January 7,2025 2 Amendments Pursuant to Alameda Municipal Code (AMC) Section 30-4 and Sections 30-91 Through 30-95. General Plan: Mixed Use. Zoning: M-X, Mixed Use. Introduced. The Planning, Building and Transportation Director made brief comments. The Community Development Manager gave a Power Point presentation. Mike O'Hara, North Waterfront Group LLC/Tim Lewis Communities, and the Planning Building and Transportation Director made brief comments. Councilmember Daysog inquired whether the agreement struck on January 18, 2022 stating 50% of non-townhomes would be mapped for potential sales is still in place; stated the staff report referenced the Master Plan, however, the Master Plan does not reference the January 18th agreement; he was told by staff that while it may not be in the Master Plan, it is in the Developer Disposition Agreement (DDA). The Community Development Manager responded the language that was part of the motion at the January 18, 2022 City Council meeting made it into the DDA, not the Master Plan; stated the developer is required to meet all requirements in the DDA. Councilmember Daysog inquired whether it is better for the language to be in the DDA, to which the City Attorney responded in the affirmative. In response to Mayor Ezzy Ashcraft's inquiry regarding income designation, the Planning Building and Transportation Director responded the requirement for for-sale units is not unique to this project; stated whether or not the units are affordable or deed restricted would be subject to the inclusionary requirement as applied to the Master Plan. Councilmember Jensen stated although she was not on Council when the development agreement was entered into, she was on Council when the Tidelands exchange for the parcel was supported; inquired if when the property was conveyed and the multi- housing development agreement was entered into, staff anticipated the Tidelands exchange would be part of the agreement or if the exchange came afterwards. The Planning Services Manager responded the 2018 approval did not include the exchange agreement, which was part of the problem of getting the project off the ground; stated the Tidelands Exchange Master Plan was drafted in 2022, which then allowed for the same number of units and commercial space to happen over a more logical area of land with better public benefits around the perimeter of the property. Councilmember Jensen inquired whether establishing the Tidelands Exchange improved the value and ability to develop on the property by making the site more accessible for homes and retail, to which the Planning Services Manager responded in the affirmative. Regular Meeting Alameda City Council January 7,2025 3 Stated there has been significant community outcry about what has been happening in the neighborhood, and surrounding areas; stated the City has failed to follow the proper California Environmental Quality Act (CEQA) process: Tod Hickman. Vice Mayor Pryor stated the economic circumstances suggest that any developer would have similar issues; the request appears to be in good faith; expressed concern doing anything else may be a bigger risk. Councilmember Boller stated the time and work staff put into this item stands out to him; the proposal for an extension on the timelines does not change the overall timeline of the project; milestones are being adjusted based on an economic situation. Councilmember Daysog stated there are several issues, including extending the timeline by three years, as well as the product itself and the give and take involved; not everyone agreed with what was before Council in 2022, however, the fact that the developer collaborated with Councilmembers is something to be honored; the decision struck by Council, developers, and staff should be honored; the item before Council today does so; expressed support for the item. Councilmember Jensen stated the economy will not always be perfect and ideal for development; the City has had a partnership with this developer previously for the Star Harbor project; expressed support for the extension; stated that she hopes everyone will continue to work diligently and find a way to begin the project and build the needed housing at the site. Mayor Ezzy Ashcraft stated Tim Lewis Communities has poured a lot of time and money into the project but there are uncertain financial conditions; due to the timing, it makes sense to agree to the extensions; expressed concern about land banking, as there have previously been issues with other developers; stated the City has tried to build safeguards into agreements to avoid land banking; she would like to ensure a subsequent buyer is not disadvantaged; many conditions at the site are dangerous to the public. Councilmember Daysog moved approval of the staff recommendation [introduction of the ordinance]. Vice Mayor Pryor seconded the motion, which carried by unanimous voice vote - 5. (25-012) Introduction of Ordinance Authorizing the City Manager to Execute a Lease for a Portion of Building 169 with the Pacific Pinball Museum, a 501(C)(3) California Nonprofit Organization, Located at 1680 Viking Street, Suite 101, at Alameda Point, Alameda, California, for a Term of Thirty-Six Months. Introduced. The Base Reuse Manager gave a Power Point presentation. Mayor Ezzy Ashcraft inquired why staff is moving from a license to a lease. Regular Meeting Alameda City Council January 7,2025 4 The Base Reuse Manager responded the 2016 lease expired in the Spring of 2024; stated staff can administratively exercise a short-term license, which was done to keep the tenant in occupancy while the longer-term lease agreement was negotiated. Mayor Ezzy Ashcraft stated that she understands staff's rationale for the lower lease price per square foot; inquired whether it will put staff at a disadvantage when negotiating lease prices with other possible tenants. The Base Reuse Manager responded this is a special circumstance which has a six- month notice to terminate, which staff felt was important to have due to the uncertainty of the future of the economy. Mayor Ezzy Ashcraft inquired whether staff would find Navier a new home at Alameda Point when the lease with Pacific Pinball ends, to which the Base Reuse Manager responded in the affirmative; stated staff has met with Navier and has recently worked on a license agreement for better access to Seaplane Lagoon. Stated Pacific Pinball is happy to have partnered with the City for over two decades; hundreds of passes are donated to local non-profit organizations and schools each year; Pacific Pinball also partners with other museums and holds fundraisers; the close proximity between the museum and the annex is critical; encouraged people to visit the museum: Evan Phillippe, Pacific Pinball Museum. Expressed support for the item and encouraged Council to do the same: Alex Spehr, Alameda. Councilmember Jensen expressed support for the item; stated the museum is a tremendous asset and resource for Alameda. Vice Mayor Pryor stated the lease agreement seems fair, and she is glad to continue the partnership; she appreciates the flexibility for both parties. Councilmember Boller stated the City supporting the arts in this way is important; the lease supports a non-profit and a business with a long history with the City; the flexibility the lease provides justifies the lower cost. Councilmember Daysog stated residents will benefit from this, not only from the museum, but from Navier as well. Mayor Ezzy Ashcraft expressed support for the item; stated that she is constantly amazed by the community spirit and volunteers; non-profits often operate on a small budget and could not do what they do without volunteers. Councilmember Jensen moved introduction of the ordinance. Regular Meeting Alameda City Council January 7,2025 5 Councilmember Boller seconded the motion, which carried by unanimous voice vote - 5. (25-013) Recommendation to Accept an Update on the City's Code Enforcement Program. (25-014) Mayor Ezzy Ashcraft inquired if extra time is needed, to which the Building Official responded extra time is needed for the presentation. Councilmember Jensen moved approval of allowing 10 more minutes. Vice Mayor Pryor seconded the motion, which carried by unanimous voice vote - 5. *** The Building Official gave a Power Point presentation. Councilmember Jensen inquired what constitutes a public nuisance under Code Compliance. The Building Official responded a public nuisance is not categorized under the Building Code, however, staff considers noise or smoking in public a public nuisance. Councilmember Jensen inquired whether Code Compliance enforces the City's environmental ordinances, such as solid waste and disposable foodware, for example. The Planning, Building and Transportation Director responded the foodware ordinance is handled by Public Works and solid waste is a separate category. Councilmember Jensen stated that she appreciates the examples provided in the slides; she understands the job can be dangerous; inquired whether the Building Official would like to also see safety improvements for staff. The Building Official responded the State mandates policies be in place to protect Code Enforcement Officers; stated when staff foresees the situation escalating, staff leaves the scene; nothing is more important than staff safety; Police help can be required at times. Councilmember Daysog stated the staff report reference to tobacco has to do with tobacco as a retail item; inquired whether Code Enforcement handles tobacco use in areas where it is specifically prohibited; stated that he has received word of people smoking continuously in the outdoor dining areas on Park Street; inquired whether dealing with repeated tobacco use in specific prohibited areas is a Code Enforcement issue. The Building Official responded staff wants to have the ability to provide a service where someone can respond to such issues, which is why many State grants applications Regular Meeting Alameda City Council January 7,2025 6 have been done; stated there are currently two Code Officers in the City, who have been able to conduct over 1,000 inspections; in order for there to be a more comprehensive program, there must be more resources; instead of having the City pay, staff would like to exercise the rights under a tobacco licensing program. Councilmember Daysog inquired whether the desired tobacco program would have an enforcement officer respond to complaints, to which the Building Official responded in the affirmative. Councilmember Daysog stated the Municipal Code states people are not allowed to smoke in certain areas, however, it is not necessarily enforced. The Building Official responded the businesses licensed in the City may enforce the rule. Vice Mayor Pryor thanked the Building Division and the Code Enforcement team for their hard work; stated there are residents who feel frustrated and are facing hardships; she understands the work may feel tough at times, but she appreciates the effort. Councilmember Jensen stated Code Enforcement is often underappreciated, but they are critical. Mayor Ezzy Ashcraft expressed support for staff applying for grants; stated Council has a priority setting workshop soon, which precedes budget discussions; there is a limit to how much the City can charge for permit fees; encouraged all departments to apply for grants; stated if you see something, say something; inquired whether there is anything other staff can do to alert Code Enforcement if and when they see violations. The Building Official responded the Building Inspector provided staff with a list of about 500 addresses in the City where there is graffiti, overgrown vegetation, and things of that sort; stated staff plans to conduct more proactive enforcement. Mayor Ezzy Ashcraft inquired whether staff prioritizes some violations over others, to which the Building Official responded staff would like to start using volunteers in the future; stated that he began as a volunteer for the City of Corona. Mayor Ezzy Ashcraft stated while interviewing people who apply to be Board and Commission members, many ask whether there are volunteer opportunities; having a volunteer bureau would be a great idea. Vice Mayor Pryor moved approval of accepting the report. Councilmember Daysog seconded the motion, which carried by unanimous voice vote - 5. CITY MANAGER COMMUNICATIONS Regular Meeting Alameda City Council January 7,2025 7 (25-015) The Acting City Manager announced Posey Tube closures; encouraged residents to attend the 48th Annual Martin Luther King Jr. Day event in City Hall on Monday, January 20th; announced signal updates are complete on Ralph Appezzatto Memorial Parkway and include new protective bike sections at intersections along the Cross Alameda Trail; stated construction on the Oakland/Alameda Access Project is expected to begin this summer; the Alameda County Transportation Commission will be hosting community meetings in February and more information will be shared as soon as the meetings are scheduled. ORAL COMMUNICATIONS, NON-AGENDA None. COUNCIL REFERRALS None. COUNCIL COMMUNICATIONS (25-016) Councilmember Daysog discussed an email about daylighting corners, which he submitted for the record; announced that he attended Hannukah events. (25-017) Councilmember Jensen announced that she attended Hannukah events, a toy giveaway, a ceremony for new Supervisor Fortunato Bas, a Police recognition ceremony, and an Oakland building dedication. (25-018) Mayor Ezzy Ashcraft announced that she attended Hannukah events, a Police recognition ceremony, and a First Responder and Military Suicide Awareness walk; made brief comments about the bike signal updates. ADJOURNMENT There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 9:00 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 7,2025 8