Loading...
2017-09-05 Regular CC Minutes381 Regular Meeting Alameda City Council September 5, 2017 MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- -SEPTEMBER 5, 2017- -7:00 P.M. Mayor Spencer convened the meeting at 9:43 p.m. ROLL CALL - Present: Councilmembers Daysog, Ezzy Ashcraft, Matarrese, Oddie and Mayor Spencer – 5. Absent: None. AGENDA CHANGES (17-495) Mayor Spencer discussed changes to the Consent Calendar. The City Attorney stated if the Councilmember is voting no on a Consent item, the vote can be recorded without pulling the item. Vice Mayor Vella inquired whether the Anti-Semitism referral [paragraph no. 17-523] could be heard before the referendum item [paragraph no. 17-515]. Mayor Spencer stated that she does not support moving up referrals. Vice Mayor Vella inquired whether the referendum item could be heard first on in the Regular Agenda since it needs to be voted on tonight. Mayor Spencer stated she is not in favor of the request. Councilmember Ezzy Ashcraft, Matarrese and Oddie concurred with the request. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (17-496) Proclamation Declaring September 16, 2017 as Coastal Cleanup Day. Mayor Spencer read the proclamation and presented it to the Public Works Program Specialist, who showed a photograph of the beach. ORAL COMMUNICATIONS, NON-AGENDA (17-497) Gaby Dolphin, Alameda, submitted information; read a statement and suggested renaming Calhoun Street after Heather Hyer who was killed in Charlottesville, South Carolina. (17-498) Angela Hockabout, Alameda, urged doing more to develop housing. (17-499) Jennifer Geema, Alameda, discussed her rental situation. CONSENT CALENDAR 382 Regular Meeting Alameda City Council September 5, 2017 Mayor Spencer stated that she would vote no on final passage of the ordinance [paragraph no. *17-514]. Councilmember Oddie stated that he would vote no on the 5 Bars resolution [paragraph no. *17-511]. Councilmember Matarrese moved approval of the Consent Calendar. Vice Mayor Vella seconded the motion, which carried by unanimous voice vote – 5, with the two exceptions noted above. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] (*17-500) Minutes of the Special City Council Meetings Held on June 20, 2017 and July 5, 2017, and the Regular City Council Meeting Held on July 5, 2017. Approved. (*17-501) Ratified bills in the amount of $14,213,204.80. (*17-502) Recommendation to Award a Five-Year Contract for an Amount not to Exceed a Total Five-Year Expenditure of $250,000, Subject to Budget Approvals, to Hinderliter de Llamas (HdL) for Review and Analysis of Sales and Use Tax Revenues. Accepted. (*17-503) Recommendation to Accept the Quarterly Sales Tax Report for the Period Ending June 30, 2017 Collected During the Period January 1, 2017 to March 31, 2017. Accepted. (*17-504) Recommendation to Accept Report on the Appointment of Bryan Schwartz as a Member of the Open Government Commission. Accepted. (*17-505) Recommendation to Award a One-Year Contract, with the Option of Four One-Year Extensions, for an Amount not to Exceed $93,319.86, for a Total Five Year Expenditure not to Exceed $485,640.33, to Clean Lakes, Inc. for Vegetation Management, Debris Management, and Water Quality Monitoring for the South Shore Lagoons. Accepted. (*17-506) Recommendation to Award a One-Year Contract, with the Option of Four One-Year Extensions, for an Amount not to Exceed $20,698.92, for a Total Five-Year Expenditure not to Exceed $107,718.02, Subject to Budget Approval, to Dream Ride Elevator for Full Service Elevator Maintenance and Repairs in City Buildings (Various Locations). Accepted. (*17-507) Recommendation to Award a One-Year Contract, with the Option of Four One-Year Extensions, for an Amount not to Exceed $105,600, for a Total Five-Year Expenditure not to Exceed $549,546.65, Subject to Budget Approval, to Prime Mechanical for Annual Heating, Ventilating, and Air Conditioning System Maintenance at City Facilities. Accepted. 383 Regular Meeting Alameda City Council September 5, 2017 (*17-508) Recommendation to Accept the Work of Rosas Brothers Construction for the Repair of Concrete Sidewalk, Curb, Gutter, Driveway, and Minor Street Patching, Fiscal Year (FY) 2016-17, Phase 17, No. P.W. 05-16-18. Accepted. (*17-509) Recommendation to Amend the Contract with Ranger Pipeline Inc. to Increase the Contract Amount by $4,048,544.03, which Includes a 10% Contingency, for Cyclic Sewer Rehabilitation Project, Phase 14, No. P.W. 05-17-27, for a Total Authorized Amount of $17,375,030, for Cyclic Sewer Rehabilitation Project, Phases 11, 12, 13 and 14. Accepted. (*17-510) Recommendation to Enter into an Agreement Between the City of Alameda and Waste Management of Alameda County Inc. for Solid Waste Transfer and Disposal Services for a Ten-Year Period (Ending June 30, 2027); and Adoption of Resolution Setting Per Ton Rates for Solid Waste Transfer and Disposal Services with Waste Management of Alameda County, Inc. Accepted. (*17-511) Resolution No. 15301, “Authorizing the City Manager to: (1) Execute a Professional Services Agreement and a License Agreement (the “Agreements”) With XG Communities, LLC, a Delaware Limited Liability Company DBA 5 BARS Communities (“5 BARS”) Each for a Term of Five Years with Four Five-Year Extensions for Wireless Telecommunications Facilities Consulting, Marketing and Management and Services for City Assets in Exchange for a Thirty-Five Percent (35%) Share of Generated Revenue” and (2) Execute Auxiliary Documents and to Perform Any and All Acts Necessary or Desirable to Permit 5 BARS to Perform the Services.” Adopted. [Note: Councilmember Oddie voted no, so the motion carried by the following vote: Ayes: Councilmembers Ezzy Ashcraft, Matarrese, Vella and Mayor Spencer – 4. Noes: Councilmember Oddie – 1.] (*17-512) Resolution No. 15302, “Approving the City of Alameda’s Continued Participation in the Alameda County HOME Consortium, Authorizing the City Manager to Execute the Revised HOME Consortium Cooperative Agreement with Alameda County and Rescinding Resolution No. 15287.” Adopted. (*17-513) Resolution No. 15303, “Authorizing the City Treasurer, the City Finance Director and the City Finance Services Manager to Order the Deposit or Withdrawal of Monies in the State Local Agency Investment Fund on Behalf of the City and Repealing Resolution No. 14776.” Adopted. (*17-514) Ordinance No. 3188, “Approving Master Plan Amendment to Include a Maritime Commercial and Residential Variant for Approximately 39 Acres of Land with the Bayport/Alameda Landing City of Master Plan. [A Final Supplemental Environmental Impact Report for the Alameda Landing Mixed Use Development Project was Certified in Accordance with the California Environmental Quality Act (CEQA) (State Clearinghouse #2006012091) in 2006. An Environmental Assessment for the Proposed Actions has been Prepared.] Finally passed. 384 Regular Meeting Alameda City Council September 5, 2017 [Note: Mayor Spencer voted no, so the motion carried by the following vote: Ayes: Councilmembers Ezzy Ashcraft, Matarrese, Oddie and Vella – 4. Noes: Mayor Spencer – 1.] REGULAR AGENDA ITEMS (17-515) Recommendation to Accept the Certificate of Sufficiency for Referendum Petition Against Ordinance No. 3180; and Select One of the Following Options: 1) Introduction of Ordinance Repealing Ordinance No. 3180 in Its Entirety. Introduced; or 2) Adoption of Resolution Calling an Election in the City of Alameda for the Purpose of Submitting to the Electors Ordinance No. 3180 Amending the Alameda Municipal Code by Amending Various Sections of Article XV of Chapter VI Concerning (a) Review of Rent Increases Applicable to All Rental Units and Rent Stabilization Applicable to Certain Rental Units and (b) Limitations on Evictions and the Payment of Relocat ion Fees Applicable to all Rental Units (Eliminating “No Cause” Ground for Eviction and Requiring Landlords to Pay Relocation Fees at the Expiration of Certain Fixed Term Leases). Not adopted. Stated the ordinance should be rescinded to work on a better ordinance: Eric Strimmling, Alameda Renters Coalition. Stated the rent ordinance needs to be amended; urged Council to push through the petition against Ordinance 3180: Lester Cabral, Alameda. The City Attorney gave a brief presentation. Vice Mayor Vella inquired whether the City Attorney could review the implications of what happens if Council rescinds versus putting the matter on the ballot. The City Attorney responded the Council can place the ordinance on the ballot in April, June or November of 2018 at different costs; Ordinance 3180 would be not in effect; Ordinance 3148 continues to be in effect; the voters would decide if Ordinance 3180 would go into effect; if the Council decides to rescind the ordinance , there would be a first reading tonight; the referendum prohibits the Council from doing an action substantially similar to the provisions in Ordinance 3180 for one year; if Council puts the matter on the ballot and the people decide to rescind Ordinance 3180, then, the year period starts. Mayor Spencer inquired if Ordinance 3180 is rescinded, is Ordinance 3148 still in effect, to which the City Attorney responded in the affirmative; stated Ordinance 3148 is unaffected by Ordinance 3180. Councilmember Oddie inquired what defines substantially similar. The City Attorney responded the Elections Code prohibits Council from doing anything 385 Regular Meeting Alameda City Council September 5, 2017 substantially similar; any provisions in Ordinance 3180 cannot be amended for one full year. Councilmember Oddie requested staff to provide Council case law so that Council does not come up with changes that are not allowed. Vice Mayor Vella inquired if there are any impacts to the fee. The City Attorney responded that the fee is not included in the ordinance, so the fee is unaffected. Vice Mayor Vella inquired whether the provision to pass on part of the fee to renters is now withdrawn, to which the City Attorney responded in the affirmative. Councilmember Ezzy Ashcraft inquired whether the landlords can withdraw the ballot measure if an agreement with the renters is reached. The City Attorney responded the signatures for the referendum have been certified and cannot be modified. Councilmember Matarrese moved approval of accepting the Certificate of Sufficiency for Referendum Petition against Ordinance No. 3180. Mayor Spencer seconded the motion, which carried by unanimous voice vote – 5. Mayor Spencer inquired whether there is a motion for the second part of the item. Vice Mayor Vella and Councilmember Ezzy Ashcraft stated they would like to ha ve more discussion. Councilmember Ezzy Ashcraft stated that she would still like to make changes to Ordinance 3148; not allowing no cause evictions protects residents; Alameda needs more housing and the City needs to help the people who are in their home s now; she will not support the rescission. Councilmember Oddie stated an eviction in the Bay Area today is the equivalent of being homeless; he stands by Ordinance 3180. Vice Mayor Vella stated that she would like landlords and tenants to sit down and have a conversation on possible solutions for everyone involved; she is saddened that families are being displaced. Mayor Spencer stated that she supports having more conversations with the landlords and tenants. Councilmember Matarrese moved introduction of the ordinance rescinding Ordinance 386 Regular Meeting Alameda City Council September 5, 2017 3180. Mayor Spencer seconded the motion. Under discussion, Councilmember Oddie inquired if the two groups come to an agreement to put something on the ballot would be permissible. The City Attorney responded she will have to get back to Council on the answer. The City Clerk stated Elections Code Section 9241 states: “the ordinance shall not again be enacted by the legislative body for a period of one year,” which might allow the Council could put the matter on the ballot. Councilmember Oddie inquired whether there is anything the City could do to assist the tenants at 470 Central Avenue. The City Attorney responded no cause eviction entitles tenants to relocation benefits, which is the case in some instances at 470 Central Avenue; there have been some for cause eviction notices at 470 Central Avenue where the landlord claims breach of the lease; it is not within the purview of the City to determine the accuracy of those claims ; the Housing Authority does monitor that the landlord is conducting business properly according to Ordinance 3148. *** (17-516) Mayor Spencer stated a motion is needed to consider remaining items. Councilmember Ezzy Ashcraft moved approval of hearing the two encroachment ordinances [paragraph no. 17-519]. Vice Mayor Vella seconded the motion which FAILED by the following vote: Ayes: Councilmember Ezzy Ashcraft, Councilmember Oddie and Vice Mayor Vella – 3. Noes: Councilmember Matarrese and Mayor Spencer. Mayor Spencer moved approval of hearing the balance of the agenda, minus the WiFi referral [paragraph no. 17-522]. Councilmember Matarrese stated he will second the motion only if it is amended to not hear both referrals. Mayor Spencer accepted the f riendly amendment to the motion. On the call for the question, the motion FAILED by the following voice vote: Ayes: Councilmember Matarrese and Mayor Spencer – 2. Noes: Councilmember Ezzy Ashcraft, Councilmember Oddie and Vice Mayor Vella – 3. Mayor Spencer moved approval of hearing the resolutions of appointment and the two 387 Regular Meeting Alameda City Council September 5, 2017 encroachment ordinances. Councilmember Matarrese seconded the motion, which FAILED by the following voice vote: Ayes: Councilmember Matarrese and Mayor Spencer – 2. Noes: Councilmember Ezzy Ashcraft, Councilmember Oddie and Vice Mayor Vella – 3. *** Councilmember Ezzy Ashcraft stated that she hopes the landlords and tenants get together to come to a solution. Vice Mayor Vella inquired what is the City’s involvement because the matter is a referendum of a City ordinance. The City Manager responded cost. Vice Mayor Vella inquired what the cost is to the City. The City Manager responded that is dependent on which election the Council decides to put on the item; the June election would be more expensive than placing the item on the general election in November. Mayor Spencer inquired what the specific cost would be. The City Clerk responded it would depend on how many other items are on the June ballot; worse case would be around $700,000; if the item is added to the November ballot, the cost would be approximately $25,000 for printing and typesetting costs. On the call for the question, the motion carried by the following voice vote: Ayes: Councilmembers Matarrese, Oddie, Vella and Mayor Spencer – 4. Noes: Councilmember Ezzy Ashcraft – 1. (17-517) Adoption of Resolution Appointing Patricia Lamborn as a Member of the Planning Board; and (17-517A) Adoption of Resolution Appointing Alan Teague as a Member of the Planning Board. Not heard. (17-518) Recommendation to Appoint Gene Kahane and Cathy Dana as Alameda’s Poet Laureates. Not heard. (17-519) SUMMARY: Introduce Two Ordinances that Resolve Two Encroachment Issues on City Property in Order to Facilitate the Start of Construction of the Cross Alameda Trail Project along Ralph Appezzato Memorial Parkway, Between Main and Webster Streets. Introduction of Ordinance Approving an Amended and Restated Lease and Authorizing the City Manager to Execute Documents Necessary to Implement the Terms of an 388 Regular Meeting Alameda City Council September 5, 2017 Amended and Restated Lease Agreement with Mr. Hi Chi Chen and Mrs. Lena Muy Chiv, a Married Couple, dba Hometown Donuts for 1930 Main Street; and (17-519A) Introduction of Ordinance Approving a Grant of Non -Exclusive Easement and Authorizing the City Manager to Execute Documents Necessary to Implement the Terms of Grant of Non-Exclusive Easement to Alameda Boys & Girls Club (ABGC) and Alameda Unified School District (AUSD) for Access and Maintenance. Not heard. CITY MANAGER COMMUNICATIONS (17-520) Update on Tracking of Council Referrals. Not heard. (17-521) The City Manager stated one Firefighter and one Police Officer from the City of Alameda have gone to assist with Hurricane Harvey; the City did not apply for the Justice Assistance Grant for funds for Police Department equipment due to the application having requirements to give information about immigrant citizens to the federal government; items that are going on at the federal level which might impact the City: the Executive Order that prohibited military equipment to be sold to local Police Departments has been rescinded; the federal regulations to manage flood control have been revoked; a bill has been designed to drastically cut illegal immigration and revise the Deferred Action for Childhood Arrivals (DACA) to allow immigrant children to have citizen status in the future. ORAL COMMUNICATIONS, NON-AGENDA None. COUNCIL REFERRALS (17-522) Consider Directing Staff to Explore Offering Free Public WiFi Throughout the City. Not heard. (Mayor Spencer) (17-523) Consider: 1) Adoption of Resolution Condemning the Increased Incidents of Bias, Prejudice, Discrimination, Violence and Anti-Semitism; and 2) Direct Staff to Provide a Status Update on Hate Crime Training and Possible Training of Community Members; and Direct the City Manager to Provide Periodic Reports to Council on Hate Crimes. Not heard. (Vice Mayor Vella and Councilmember Oddie) COUNCIL COMMUNICATIONS (17-524) Consideration of Mayor’s Nominations to the Historical Advisory Board (HAB) and Public Art Commission (PAC). Mayor Spencer nominated Lynn Jones and Norman Sanchez to the Historical Advisory Board and Mark Farrell to the Public Art Commission. (17-525) Mayor Spencer stated that she signed a letter against bias, discrimination and anti-Semitism with the U.S. Mayor’s Conference; the Temple has an open house on 389 Regular Meeting Alameda City Council September 5, 2017 September 17th, from 2:00 p.m. to 4:00 p.m.; the Alameda Running Festival is also on September 17th. (17-526) Report Out from Stop Waste on the Fix It Clinic. (Councilmember Oddie) Councilmember Oddie encouraged having a Fix It Clinic in Alameda. Mayor Spencer inquired whether the Alameda Library will have an event like the Fix It Clinic. Jane Chisaki, Library Director, responded the Alameda Library does not do fix it clinics due to possible damage to carpeting; Mastic Center has expressed an interest in holding a fix it clinic. (17-527) Vice Mayor Vella stated that she that received emails regarding trying to diversify the Economic Development Strategic Plan Board; she also received emails questioning why cannabis is not included in the plan. The City Manager responded that she understood the direction for the Economic Development Strategic Plan is to be grassroots; additional citizens have been invited to participate to make the group more diverse. (17-528) Councilmember Matarrese stated that he and Mayor Spencer represented the City at the East Bay Regional Parks District (EBRPD) liaison committee; EBRPD is putting a lot of money into Alameda. (17-529) Councilmember Ezzy Ashcraft stated that she attended the lead poisoning prevention commission meeting; noted that she is grateful that Alameda did not cede local control over cell phone towers to the telecommunications industry. (17-530) Mayor Spencer announced the Alameda Theater is showing the film Fallen, sponsored by the Police Officers Association, on Monday, September 11th. ADJOURNMENT There being no further business, Mayor Spencer adjourned the meeting at 10:52 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Sunshine Ordinance.