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2017-02-07 Regular CC MinutesRegular Meeting Alameda City Council February 7, 2017 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- -FEBRUARY 7, 2017- -7:00 P.M. Mayor Spencer convened the meeting at 7:11 p.m. and led the Pledge of Allegiance. ROLL CALL - Present: Councilmembers Ezzy Ashcraft, Matarrese, Oddie, Vella and Mayor Spencer – 5. Absent: None. AGENDA CHANGES None. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (17-52) Proclamation Declaring February 7, 2017 as St. Joseph Notre Dame Men’s Cross Country Champion Cooper Teare Day. Mayor Spencer read and presented the proclamation to Cooper Teare. Coach Fong, St. Joseph Notre Dame, said a few words. ORAL COMMUNICATIONS, NON-AGENDA (17-53) Lil Arnerich, Alameda, commended employees, including Alameda Municipal Power employees, encouraged Council to invite employees and give them love, guidance, and shake their hands to say thank you for a job well done (17-54) Gabrielle Dolphin, Alameda, submitted a handout, discussed socially responsible investments for Alameda. (17-55) Dennis Owens, Alameda, expressed concern that the current development impact fee is $23,000 for construction of one bedroom apartment. (17-56) Kevin Kennedy, City Treasurer, commented on negotiations between the City and the Friends of the Alameda Animal Shelter (FAAS); stated the current FAAS offer is close to the City’s number; a successful conclusion should be reached soon. (17-57) Kevin Kearney, City Auditor, stated the City and FAAS negotiation is tough; FAAS and City staff have worked very hard; he hopes the Council has the strength and endurance to cross the finish line. (17-58) Swati Shah, FAAS Volunteer, spoke about a kitten she was fostering that was shot with a BB gun. Regular Meeting Alameda City Council February 7, 2017 2 (17-59) Richard Jepsen, Alameda Urged Council to support the FAAS and a bond measure to insure a sustainable shelter: CONSENT CALENDAR Mayor Spencer stated that she would vote no on final passage of the Alameda Point DDA Ordinance [paragraph no. 17-66] Councilmember Ezzy Ashcraft moved approval of the Consent Calendar. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote – 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] (*17-60) Minutes of the Special and Regular City Council Meeting Held on January 3, 2017. Approved. (*17-61) Ratified bills in the amount of $5,588,378.20. (*17-62) Recommendation to Consent to the Public Utilities Board’s Request to Solicit Bids and Sell One Surplus Small Bucket Utility Vehicle and One Surplus Backup Generator. Accepted. (*17-63) Recommendation to Award a Contract in the Amount of $3,564,002, Including Contingency, to McGuire and Hester for Construction of Group 3 - Sewer Pump Station Renovations for Reliability and Safety Improvements Project, No. P.W.03-14-11. Accepted. (*17-64) Recommendation to Approve a Five-Year Waiver of License Fees with Alameda Point Concours for Use of the Parade Grounds at Alameda Point Located on the Former Naval Air Station Alameda (NAS Alameda). [In accordance with the California Environmental Quality Act (CEQA), this project is Categorically Exempt under the CEQA Guidelines Section 15301(c) - Existing Facilities.] Accepted. (*17-65) Resolution No. 15226, “Amending the Alameda Police Officers Association Non-Sworn Unit (PANS) Salary Schedule Establishing the Classification of Crime Prevention Technician Effective February 5, 2017.” Adopted. (*17-66) Ordinance No. 3174, “Amending the Disposition and Development Agreement between Alameda Point Partners, LLC and the City of Alameda for Site A at Alameda Point to Extend the Phase 1 Outside Closing Date from December 12, 2016 to April 11, 2017 to Allow for Additional Time to Complete Property Due Diligence and to Secure Additional Financial Commitments. Finally Passed. [Note: Mayor Spencer voted no on the ordinance] REGULAR AGENDA ITEMS Regular Meeting Alameda City Council February 7, 2017 3 (17-67) Resolution No. 15227, “Appointing Gerald Serventi as a Member of the Public Utilities Board.” Adopted. Councilmember Oddie moved adoption of the resolution appointing Gerald Serventi. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote – 5. (17-68) Resolution No. 15228, “Authorizing the City Manager to Accept, on Behalf of the City, Certain Surplus Federal Property, and to Accept, Execute, and Record Conveyance Documents in Substantial Conformance with Certain Phase 3A Property and Conveyance Documents from the United States of America, Acting by and through the Department of the Navy, to Implement the Economic Development Conveyance Agreement for the Former Naval Air Station, Alameda (Phase 3A Alameda Point Conveyance).” Adopted. The Base Reuse Director gave a brief presentation. Councilmember Ezzy Ashcraft moved adoption of the resolution. Vice Mayor Vella seconded the motion, which carried by unanimous voice vote – 5. (17-69) Resolution No. 15229, “Establishing a Recruitment and Hiring Incentive Policy for Lateral Police Officers in the Alameda Police Department.” Adopted. The Police Chief gave a brief presentation. The Human Resources Director gave a powerpoint presentation. The Police Chief stated the hiring incentive is a tremendous advantage; getting someone through training takes a long time; a lateral hire could work as a solo officer in as little as six weeks, versus six months for an academy graduate. Councilmember Matarrese stated any incentives having impact on post-employment liabilities was not referenced; inquired whether the incentive is based on years in the system, to which the Human Resource Director responded in the affirmative. In response to Councilmember Ezzy Ashcraft inquiry about benefit tiers, the Human Resource Director responded new officers receive retiree health benefits just for themselves, not their family, which reduces liability. Vice Mayor Vella inquired whether there is an expectation for lateral hires to undergo training, even though they have had training in another agency. The Police Chief responded in the affirmative; stated new lateral hires still have to have Regular Meeting Alameda City Council February 7, 2017 4 training required by Alameda locally, or mandated by the State as a normal course of employment. Councilmember Oddie stated the policy is desperately needed; the City is facing several vacancies by the end of the year and it is a challenging time to recruit; Alameda is not immune to crime; he would like to staff the Police Department as soon as possible. Councilmember Ezzy Ashcraft stated residents appreciate living in a safe city, but would like more policing; police staff can only be spread so far; Alameda needs to get the Police Department up to full staff; the department also needs to be mindful of approaching retirees. Vice Mayor Vella stated the policy helps Alameda stay competitive in the market; she is in favor of adopting the policy because there is potential cost savings in the long term; it is to the benefit of the Police Department to get a different perspective from other agencies as well. The Police Chief stated there are currently 10 vacancies, of which five will be filled with academy graduates before the end of the year. Mayor Spencer stated that she plans to support the policy; it is critical the positions are filled; safety is important to the community. Councilmember Matarrese moved adoption of the resolution. Councilmember Oddie seconded the motion, which carried by unanimous voice vote – 5. CITY MANAGER COMMUNICATIONS (17-70) The City Manager announced that the City will be scheduling negotiations with the International Association of Fire Fighters (IAFF) and the Alameda Fire Chiefs Association (AFCA); stated the City put up a banner for Black History Month and a proclamation will be presented at the next meeting; announced the new AMP General Manager is Nicolas Procos. (17-71) The City Manager stated that as part of the Sanctuary City Ordinance adopted on January 17, Council requested the City Manager to provide a federal update on a regular basis; there have been 20 executive orders in two weeks, including the: Affordable Care Act, reinstatement of the Mexico City Abortion Policy, advancing the Keystone Pipeline Project, environmental protection regulations, and increasing border security; staff would seek Council direction before entering into any agreements with State and local law enforcement to have Police Officers act as immigration officers; she believes Alameda’s federal funds are secure; the Sanctuary City Resolution sets Alameda apart from other cities. Regular Meeting Alameda City Council February 7, 2017 5 Councilmember Ezzy Ashcraft noted that the travel ban issue is now at the 9th Circuit Court of Appeals. Councilmember Oddie inquired whether the City has been asked to share any data with the federal government, to which the City Manager responded in the negative. Vice Mayor Vella stated one of the executive orders targets Sanctuary City funding; inquired whether there have been any funding cuts to date, to which the City Manager responded in the negative. In response to Mayor Spencer’s inquiry regarding what makes Alameda’s Sanctuary City Resolution different, the City Manager stated some cities with jails in their jurisdiction have a different perspective; immigrants in jail may have to be reported to Immigration and Customs Enforcement (ICE) upon release; Alameda does not have a jail, so it is not an issue; further stated that Alameda does not ask for, or collect, documentation and therefore would not be able to provide any data. Mayor Spencer inquired whether Alameda fingerprints people taken into custody, to which the City Manager responded in the affirmative. Mayor Spencer inquired whether the City submits fingerprints to ICE, to which the City Manager responded in the negative; stated procedures at a jail are very different than when someone is arrested or given a citation. ORAL COMMUNICATIONS, NON-AGENDA (17-72) Gail Artikaslan, FAAS, urged Council to support the budget for the Animal Shelter and FAAS. (17-73) Sarah Jo Neubauer, Alameda, stated FAAS needs increased staffing; read a letter from owner of a pitbull named Bodie; urged Council to support and fund FAAS. (17-74) Janet Davis, FAAS, stated that she looks forward to working with the Alameda Point Collaborative. (17-75) Bonnie Petheram, Alameda, urged Council to approve the budget approved by FAAS. (17-76) Jean Richter, Alameda, stated the Animal Shelter cannot do its job without funding, urged support of FAAS. (17-77) Susanne Renner, Alameda, stated FAAS fulfilled its commitment, but the City has not fulfilled its commitment to FAAS : (17-78) George Apostolopoulos, Ygrene Energy Fund, discussed a form of financing for property owners to make enegy improvements to their properties. Regular Meeting Alameda City Council February 7, 2017 6 (17-79) Tammy Miller, Alameda, stated that she hopes Council and FAAS could come to a resolution together. (17-80) Provided a handout and presented a brief powerpoint regarding deep ocean exploration: Liz Taylor, Alameda. (17-81) Nara Dahlbacka, FAAS, stated she is looking forward to a good compromise between the City and FAAS. (17-82) Matthew Pearce, FAAS, stated FAAS has made huge gains in improving the shelter and is offering more than 30% of the budget; he is concerned FAAS is being met with resistance from the City; he is feeling uneasy about the process and hopes there is resolution soon. (17-83) Lulia, Alameda, discussed the refugee crisis and thanked Council for standing up for refugees. COUNCIL REFERRALS (17-84) Consider Directing Staff to Review and Update Outdoor Lighting Regulations, also Referred to as Night Sky or Dark Sky, to Reduce Light Pollution. (Mayor Spencer) Mayor Spencer made brief comments on her referral. Urged Council to get an ordinance in place regarding the lights: Jim Hagar, Alameda. Stated the core of the issue is the code does not adequately address the situation of commercial development which abuts a residential area: Gary Thompson, Alameda. Urged Council to pass regulation regarding the lighting and commercial development: Pat Lanborn, Alameda. Councilmember Matarrese stated the referral is related to the mixed use referral; he has started re-reading the 2008 Local Area Action Plan about the interface between commercial and residential uses; he would like to see how the referral’s policies are laid out and how it relates to the 2008 document. Councilmember Ezzy Ashcraft stated the policy was not a Homeowner Association (HOA) policy. Mayor Spencer stated that she is requesting support from Council to submit the referral, along with other outstanding referrals, for discussion at the priority setting workshop. In response to Vice Mayor Vella’s inquiry regarding clarification on the mixed use referral, Councilmember Matarrese stated the mixed use referral is related because it Regular Meeting Alameda City Council February 7, 2017 7 has the same issues; one example is commercial abutting residential; he is supportive of having the referral go through the referral process and have staff return to Council; the referral has merit and will go into the queue with the others; the matter needs to be addressed. Councilmember Oddie inquired whether the City has outdoor lighting regulations. Mayor Spencer stated that she is not sure what regulations are currently in place, but they are insufficient. The City Attorney stated lighting issues are addressed during the planning process, but likely not as strong as the Mayor’s referral. The City Manager stated that she is not sure of the specific regulations but has seen the conditions of approval for the project; the standard conditions of approval are not consistent. Councilmember Oddie stated if there are no regulations to review or update, regulations would need to be started from scratch. Mayor Spencer stated there is something which needs a cursory review; the breadth of the issue listed in the referral has become a community concern. Councilmember Oddie stated the HOA has not contacted Council to say the issue is a priority; he wonders if the focus should be on VF Outdoor; the HOA has not passed a resolution and staff should not be asked to make a huge effort; there are reasons why parking garages should be lit, including public safety. Councilmember Ezzy Ashcraft stated that she would support directing staff to review and address lighting regulations not targeting a specific business. Vice Mayor Vella stated to the extent Council could provide a guideline Citywide, this is an opportunity to do so and make sure there is a process for input. Councilmember Oddie stated he would support a policy if it focuses on the borders between commercial and residences and includes consideration of public safety. Councilmember Matarrese stated Council should also consider that Site A is going to be designed and built as mixed use; there are many articles about light pollution impacts on migratory animals; there should be strong consideration of factors in the guidelines; the guidelines would not be started from scratch as other cities have gone through similar efforts. Councilmember Matarrese moved approval of directing staff to review and update outdoor lighting regulations. Regular Meeting Alameda City Council February 7, 2017 8 Councilmember Oddie seconded the motion, which carried by unanimous voice vote – 5. (17-85) Consider Outreach Efforts to Provide Immigrant and Refugee Support Services and Programs with Nominal or Minimal Expenditures. (Mayor Spencer and Vice Mayor Vella) Mayor Spencer and Vice Mayor Vella made brief comments on the referral. Vice Mayor Vella stated the Alameda County Board of Supervisors approved $750,000 to go towards the education and training of immigrant and refugee defense, along with another $750,000 from a private donor; further stated approximately 30% of the residents of Alameda County are immigrants or refugees. Councilmember Ezzy Ashcraft stated the piece about how the School District would be implemented in the referral is unclear; the Alameda County Bar Association program called Lawyers in the Library is a service offered at the Alameda Library the first Wednesday of each month; volunteer attorneys with different areas of expertise provide free services; the Alameda West End Library has added Lawyers in the Library service on the third Monday of each month; Alameda has dedicated, talented people; residents can connect with the attorney volunteers through the library; the City is off to a good start. Thanked Council for having the conversation; refugee project and group consists of 80 volunteers from the four Catholic churches in Alameda: Anna Rossi, Alameda. Encouraged Council to support immigrant and refugee programs and offer resources for the community: Holly Lim, Filipino Advocates for Justice. Stated there is a lot of unrest and worry because of the executive orders and policies; thanked Mayor Spencer and Vice Mayor Vella for making the referral and considering the needs of immigrants in Alameda: Fred Pinguel, Filipino Advocates for Justice. Offers resources, experience and expertise of the Buena Vista Methodist Church (BVMC) Immigration Task Force; he supports working together as a whole community and likes the idea of working with the School District, children and youth: Michael Yoshii, BVMC. Applauded Mayor Spencer and Vice Mayor Vella for the referral; stated that he attended the Islamic Center gathering; shared a personal experience of an immigrant family friend needing medical treatment who sought help from a Councilmember and a County Supervisor who provided assurances; the friend was treated at Highland Hospital without any problems; Alameda is a good community and is inclusive of everyone: Alan Pryor, Alameda. Stated that she is heartened and deeply moved by the efforts; strengthening Regular Meeting Alameda City Council February 7, 2017 9 relationships will affect the world beyond; she supports efforts to provide housing to immigrant and refugee families; urged Council to find ways to bring everyone together to find a response; everyone has the right to safe and secure housing: Sister Pat Nagle, Alameda Councilmember Matarrese stated the referral is a nice outline of a plan Council could adopt; he is hoping to get a recommendation from the Social Service Human Relations Board (SSHRB) to know what resources are available; he supports the referral and would like to get the ball rolling. Councilmember Oddie thanked the Mayor and Vice Mayor for bringing the referral forward; stated Alameda should have policies that reflect the “Everyone Belongs Here” sentiment. Councilmember Oddie moved approval of the referral to consider efforts to provide immigrant and refugee support services and programs; stated Council has a responsibility to connect residents who are in need, whether or not they are immigrants or refugees, with different social services. Councilmember Matarrese seconded the motion. Under discussion, Mayor Spencer stated that she attended the first Hispanic roundtable which was started by the School District, which offered to provide translators; she reached out to the School Superintendent who also supports the referral; the Council and School District liaison committee is a natural way to work on the issues. On the call for the question, the motion carried by unanimous voice vote – 5. COUNCIL COMMUNICATIONS (17-86) Vice Mayor Vella stated that she attended the League of Cities new Councilmember Bootcamp, an airport noise forum meeting, and lead abatement meeting. (17-87) Councilmember Oddie stated that he attended the StopWaste.org meeting and signed off on the Livermore landfill; he also attended the Kiwanis barbeque and the Islamic Center gathering. (17-88) Councilmember Ezzy Ashcraft announced that she also took part in the Islamic Center gathering and assisted in the Countywide homeless count last week; stated homelessness does exist in Alameda. (17-89) Mayor Spencer announced that she attended the airport noise workshop; stated she met the new president of the College of Alameda, Tim Karas; she also attended the FAAS meeting last night. Regular Meeting Alameda City Council February 7, 2017 10 (17-90) Vice Mayor Vella recognized Brett Webb and Amanda Cooper for organizing the Islamic Center event. ADJOURNMENT There being no further business, Mayor Spencer adjourned the meeting at 9:42 p.m. Respectfully submitted, Irma Glidden Assistant City Clerk The agenda for this meeting was posted in accordance with the Sunshine Ordinance.