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2019-01-15 Regular CC Minutes Regular Meeting Alameda City Council January 15, 2019 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- -JANUARY 15, 2019- -7:00 P.M. Mayor Ezzy Ashcraft convened the meeting at 7:12 p.m. Vice Mayor Knox White led the Pledge of Allegiance. ROLL CALL - Present: Councilmembers Daysog, Knox White, Oddie, Vella, and Mayor Ezzy Ashcraft – 5. Absent: None. AGENDA CHANGES None. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (19-033) Mayor Ezzy Ashcraft made an announcement regarding the Season for Non - Violence word of the day. (19-034) The Economic Development Manager made an announcement regarding Alameda Restaurant Week. ORAL COMMUNICATIONS, NON-AGENDA (19-035) Richard Bangert, Alameda, gave a Power Point presentation the Harbor Seal float. (19-036) David Baker, Alameda, discussed a letter he sent to Council regarding health care. (19-037) Brian Kennedy, Alameda, expressed concern over Sanctuary laws. (19-038) Matt Langwerowski, Alameda, expressed concern over no cause evictions; urged Council support of just cause convictions. (19-039) Nestor Cuellas, Alameda, urged the Council to pass rent control and eviction protections; expressed concern for renters. CONSENT CALENDAR Mayor Ezzy Ashcraft announced that the resolution approving the cooperation agreement with Eden Housing [paragraph no. 19-045] was removed from the Consent Calendar for discussion. Councilmember Vella moved approval of the remainder of the Consent Calendar. Regular Meeting Alameda City Council January 15, 2019 2 Councilmember Oddie seconded the motion, which carried by unanimous voice vote – 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] (*19-040) Minutes of the Special and Regular City Council Meetings Held on December 18, 2018. Approved. (*19-041) Ratified bills in the amount of $3,260,814.27. (*19-042) Recommendation to Authorize the Interim City Manager to Execute a First Amendment to the Professional Services Agreement with Hinderliter de Llamas Associates (HdL) to Include the Review and Examination of Measure F Transactions and Use Tax Records Collected by the California Department of Tax and Fee Administration and to Increase Compensation Under the Agreement by $25,000. Accepted; and (*19-042A) Resolution No. 15477, “Authorizing Hinderliter de Llamas Associates (HdL) Access to the City’s Sales and Transactions and Use Tax Records.” Adopted. (*19-043) Resolution No. 15478, “Authorizing the Interim City Manager to Execute Agreements and All Related Documents with the California Department of Tax and Fee Administration for Implementation of the City’s Half-Cent Transactions and Use Tax (Measure F) Approved by the Voters at the November 6, 2018 General Election.” Adopted. (*19-044) Resolution No. 15479, “Authorizing the City of Alameda to Participate in the United States Department of Housing and Urban Development (HUD) Public Offering as Part of the Section 108 Loan Guarantee Assistance Program to Refinance an Existing Note in the Original Principal Amount of $4,000,000, Related to Financing of the Civic Center Parking Garage (Series 2006-A).” Adopted; and (*19-044A) Resolution No. 15480, “Authorizing the City of Alameda to Participate in the United States Department of Housing and Urban Development (HUD) Public Offering as Part of the Section 108 Loan Guarantee Assistance Program to Refinance an Existing Note in the Original Principal Amount of $3,000,000, Related to Financing of the Civic Center Parking Garage (Series 2008-A).” Adopted; and Recommendation to Authorize the Interim City Manager to Negotiate and Execute Related Documents, Agreements, and Modifications Related to the Refinancing. Accepted. (19-045) Resolution No. 15481, “Authorizing the Interim City Manager to Execute a Cooperation Agreement and Any Amendments Thereto between Eden Housing, Inc., a California Corporation, and the City of Alameda for Compliance with the Requirements of a Grant Application Under the Affordable Housing and Sustainable Communities Funding Program for: A) the 70-Unit Family Affordable Housing Project on Block 8 within Site A at Alameda Point and B) Transportation Projects (a Segment of Main Street (West Side) between Pacific and Atlantic Avenues or a Segment of Central Regular Meeting Alameda City Council January 15, 2019 3 Avenue, and Lighting Along the Cross-Alameda Trail).” Adopted. The Base Reuse and Community Development Director gave a Power Point presentation. The Project Manager, Eden Housing, gave a brief update on the project. Vice Mayor Knox White moved adoption of the resolution. Councilmember Vella seconded the motion, which carried by unanimous voice vote – 5. (*19-046) Resolution No. 15482, “Declaring Results of Special Election in Community Facilities District No. 17-1 (Alameda Point Public Services District), Determining That Alteration of the Rate and Method of Apportionment of Special Taxes for the District is Lawfully Authorized, and Directing Recording of an Amendment to Notice of Special Tax Lien.” Adopted. (*19-047) Resolution No. 15483, “Approving a Memorandum of Understanding (MOU) Between the Alameda Police Officers Association Non-Sworn Unit (PANS) and the City of Alameda for a Forty-Two Month Term Commencing December 27, 2018 and Ending June 30, 2022.” Adopted. (*19-048) Resolution No. 15484, “Approving a Memorandum of Understanding Between the Alameda City Employees Association and the City of Alameda for a Forty-Two Month Term Commencing December 28, 2018 and Ending June 30, 2022.” Adopted. (*19-049) Resolution No. 15485, “Approving a Memorandum of Understanding (MOU) Between the Management and Confidential Employees Association (MCEA) and the City of Alameda for a Forty-Two Month Term Commencing December 27, 2018 and Ending June 30, 2022.” Adopted. REGULAR AGENDA ITEMS (19-050) Recommendation to Provide Direction on the City’s Proposal for the Homeless Emergency Aid Program (HEAP) and Authorize the Interim City Manager to Work with the Social Service Human Relations Board to Finalize and Implement the City’s HEAP Programs and Services. The Community Development Analyst gave a Power Point presentation. In response to Councilmember Oddie’s inquiry about Section 8, the Community Development Analyst stated staff is working with the Housing Authority to obtain more details about engagement once the program is implemented. Councilmember Oddie inquired if the money previously allocated could be counted as a match. Regular Meeting Alameda City Council January 15, 2019 4 The Community Development Analyst responded in the affirmati ve; stated staff’s work with Operation Dignity uses General Fund money. Councilmember Daysog inquired if the City has made commitments to have Recreational Vehicle (RV) camps; stated the concept of RV camps is typically not well received. The Community Development Analyst responded a commitment has not been made; an RV park in an un-incorporated part of the County is being explored. Councilmember Vella inquired if the Federal Government shutdown impacts programs, such as Section 8, and if the impacts are being considered as options are being explored. The Base Reuse and Community Development Director responded the contract is not slated to begin until March; stated staff is hopeful the shutdown will be resolved by said time. Councilmember Vella inquired if alternate plans will be made in the event the shutdown is not resolved. The Base Reuse and Community Development Director responded in the affirmative; stated the program is not be a high dollar amount and is a marketing campaign, created to encourage landlords to accept Section 8 vouchers. Discussed engagement and acceptance; urged consideration of a day drop-in shelter be established: Sister Pat Nagel, Alameda All Faith Coalition and HOTT/CARES team. Stated the City needs to decide how to use the funds to best address meeting needs; a day drop-in center would be very helpful: Liz Varela, Building Futures. Discussed the need for service and urged providing support; stated finding people is hard; housing assistance would be a great service, as well as a drop-in center: Marguerite Bachand, Operation Dignity. Councilmember Vella stated ultimately starting at a place of compassion , recognizing basic human dignity and providing access are the central focus of every idea that has been put forward; expressed support for trying to see where numerous, different things can be accomplished through one action; stated Council should think big about the real needs of the population. Vice Mayor Knox White stated these one-time funds should be used for permanent solutions that can be built and used over time; expressed concern about public restrooms; stated if restrooms are an option, he would like to see an operations plan and commitment from both the business associations and the City; expressed support Regular Meeting Alameda City Council January 15, 2019 5 for a mobile hygiene unit only if other large cities were a part of the partnership; stated Carnegie Hall could be utilized as a short-term facility. Councilmember Daysog stated the City should continue dialogue and share resources with the County; expressed concern about the City sanctioning an RV park. Councilmember Oddie stated the City should continue providing dignified services; the money is to require the City to come up with funds; funds could come from transfer taxes provided in the next budget cycle; he prefers service-related options versus installed restrooms that may not help the unsheltered; outlined the need for rental subsidies; expressed concern about provisions for Section 8 housing voucher programs; stated people should not be denied the ability to shower; the homeless problem is solved by providing people with housing and services. Mayor Ezzy Ashcraft stated that she met with the Oakland Mayor to discuss homelessness; Oakland has purchased an apartment or multi-dwelling unit buildings to turn over to an affordable housing operator; it takes less time to rehabilitate an old building than to build new; a number of different solutions need to be examined; 49 permits have been approved for Accessible Dwelling Units (ADU) by Alameda in the past year; expressed support of a mobile hygiene unit; expressed support for looking into using the Carnegie building; stated that she would also support a mobile laundry facility; prevention of homelessness is key; she and Councilmember Vella will be in Sacramento on Thursday for the League of California Cities on Housing Community and Economic Development and will bring back ideas. Councilmember Vella inquired if it is possible to use the funds to install a washer and dryer or expand restrooms at the warming center; stated that she would like to see the funds be used efficiently. Mayor Ezzy Ashcraft stated water use at the warming center should consider and funds should be used to pay the water utility bill. Councilmember Oddie stated consideration of partnering with the School District would be helpful. Councilmember Vella moved approval of the staff recommendation, incorporating Council’s suggestions. Councilmember Daysog seconded the motion, which carried by unanimous voice vote – 5. Vice Mayor Knox White stated the “Everyone Counts 2019” event for Alameda County’s homeless count will occur on January 30. Regular Meeting Alameda City Council January 15, 2019 6 (19-051)Public Hearing to Consider Introduction of Ordinance Amending the Alameda Municipal Code by (1) Amending Section 30-10 (Cannabis) to (a) Add Cannabis Retail Businesses as Conditionally Permitted Uses in the C-1, Neighborhood Business, and C- M, Commercial-Manufacturing Zoning Districts, (b) Amend Certain Portions of the Zoning Code to Enable Cannabis Retail Businesses to Dispense Non-Medicinal or “Adult Use” Cannabis, and (c) Amend Certain Portions of the Zoning Code to Remove the Dispersion Requirement; and (2) Repeal Ordinance No. 3228. Not introduced; and (19-051A) Introduction of Ordinance: (1) Amending the Alameda Municipal Code by Amending Article XVI (Cannabis Businesses) of Chapter VI (Businesses, Occupations and Industry) to (a) Eliminate the Cap on Testing Laboratories, (b) Allow for Two Additional Cannabis Businesses to Operate as “Dispensary/Delivery” (Delivery Required, Open to the Public) within the Zoning Districts for Cannabis Retail, (c) Amend the Dispersion Requirement to Require No More Than Two Cannabis Retail Businesses to Operate on Either Side of Grand Street, (d) Create a Two-Tier Buffer Zone from Sensitive Uses for Cannabis Businesses, (e) Amend Certain Portions of the Regulatory Ordinance to Enable Cannabis Retail Businesses to Dispense Non -Medicinal or “Adult Use” Cannabis, (f) Modify Requirements for Off -Island Delivery, and (g) Make Other Clarifying or Conforming Amendments Thereto; and (2) Repealing Ordinance No. 3227. Not introduced. Councilmember Daysog recused himself and left the dais. The Interim City Attorney gave a brief presentation. Councilmember Oddie inquired if Council approves the item, will the original ordinance still be in effect, to which the Interim City Attorney responded in the affirmative. Councilmember Oddie inquired if Council does not approve the item, will the original ordinance still be in effect, to which the Interim City Att orney responded in the affirmative. Councilmember Oddie inquired if there is a plan to have a Council discussion about the Sunshine Ordinance and where it may conflict with the Charter and the Constitution, to which the Interim City Attorney responded in the affirmative. Mayor Ezzy Ashcraft inquired whether the previous ordinances will stand regardless of how the Council votes, to which the Interim City Attorney responded in the affirmative; recommended re-introduction of the ordinances; stated Council will need three votes to reintroduce the ordinance; if there are not three affirmative votes, the current ordinances will stay in effect, but will raise the potential of legal action. Councilmember Oddie inquired if the youth center issue is not on the agenda, to which the Interim City Attorney responded in the affirmative. Regular Meeting Alameda City Council January 15, 2019 7 Councilmember Oddie inquired if Council changes the ordinance, the same issues raised in the complaint may arise. The Interim City Attorney responded if Council wants to amend substantiate provisions of the ordinance, he recommends Council not take action and have the item brought back at a future meeting; outlined a staff memo provided to Council. Vice Mayor Knox White stated the Open Government Commission provides citizen oversight of the City Attorney’s determination; expressed concern that the decision did not come back to Council for re-interpretation; inquired if Council is not approving anything related to existing applications, to which the Interim City Attorney responded in the affirmative. Vice Mayor Knox White inquired if any action taken by Council will affect existing applicants and what actions are being taken relating to applicants. The Base Reuse and Community Development Director responded one applicant has been given the right to pursue a land use permit and operator’s permit; stated the application is under the existing ordinance; the applicant could amend the application under the new ordinance and propose to have adult use as well as medicinal use; there is an indirect impact on the applicant going through the process. Vice Mayor Knox White inquired if the Request For Proposals (RFP) process allows the ability, if changes are made in the future, for the application to be amended. The Base Reuse and Community Development Director responded that staff would permit and amendment to the land use application as well as the regulatory permit application. Vice Mayor Knox White inquired if the RFP states the application may be amended. The Base Reuse and Community Development Director responded the applicant has been granted the right to apply, and has applied for both a land use permit and regulatory permit. The Assistant City Attorney stated many of the changes , which have occurred prior to the applicant receiving land use entitlement, would apply, including the adult use provision; the applicant has expressed concern about restrictions; the RFP does not have a specific provision that prohibits an applicant from amending their application. Councilmember Vella inquired if Council changes would negatively impact the applicant ; whether the applicant would lose the ability to apply after already investing. The Assistant City Attorney responded it depends on the particular provision, but it is a possibility. Regular Meeting Alameda City Council January 15, 2019 8 Vice Mayor Knox White inquired if the applicant has vested rights since they applied under the old program, to which the Assistant City Attorney responded in the negative; stated the RFP process provides the applicant a conditional award letter allows the ability to submit an application. Read a letter he submitted: Mark Hersman, Portmann Enterprises. Expressed concern over Councilmember Daysog being recused; urged storefronts not be allowed: Rosalinda Fortuna, Alameda. Expressed support for cannabis businesses; discussed cannabis use statistics: Phil Redd, Alameda. Expressed support for the ordinance; urged Council to adopt the ordinance: Tyler Champion, CN Holdings. Stated the City Attorney okayed the process; expressed concern over the 30 day referendum if the ordinances are introduced tonight: Former Mayor Trish Spencer, Alameda. Expressed concern over protecting children; stated a group called “potwatch” has been formed to protect children: Don Sherratt, Alameda. Discussed delivery only businesses and public safety related to permitting adult use; expressed support for adult use: Debra Mendoza, Alameda. Urged support of cannabis businesses: Richard Poulson, Alameda. Vice Mayor Knox White stated that he disagrees that someone submit ting an RFP automatically being able to expand via amendment; Councilmember Daysog asked to be recused, which is a decision he is allowed to make and was not forced; expressed concern over the agenda title; stated he would like to start small; expressed support for maintaining the item as-written with direction to staff to only issue an RFP for two more dispensaries; stated the Chief of Police has the ability to suspend operations and take immediate action if rules are violated; the City has more control with annual permits. Councilmember Vella expressed concern about the RFP interpretation; inquired if a Councilmember would have to recuse themselves if another applicant’s site is within 500 feet; stated the agenda title is related to the Open Government Commission complaint; there is misinformation in the community; urged clarifying the specific process and outlining where there is an opportunity for community input; stated Council has previously given direction about a good neighbor policy, which allows people to provide feedback; outlined changes to the State regulations; stated Council will go slowly based on dispersion requirements; she is not compelled to change the substance of the item and wants procedural challenges addressed sooner to avoid drawing out processes. Regular Meeting Alameda City Council January 15, 2019 9 Councilmember Oddie inquired about the referendum process; stated the City Council could either repeal the ordinance causing the language to revert back or place the matter on the ballot, which would also revert back to the language presented. The Interim City Attorney responded Councilmember Oddie’s analysis is correct. Councilmember Oddie stated if the item is not passed, there may be legal risk; he prefers to have less legal risk; he prefers to pass the item and make it more iron clad; outlined the number of previous meetings related to the item; stated Council set a framework to allow the planning process to sort out issues; Council must set high level policy and put a framework in place for other processes to play out; he prefers not to delay any RFP. Mayor Ezzy Ashcraft stated that she supports medicinal dispensaries, testing laboratories, manufacturer, and delivery-only; expressed concern that all dispensaries are able to dispense adult use as well as medicinal ; stated the Open Government Commission exists for a purpose; expressed concern over the youth center definition; stated it is premature for the West Alameda Business Association to express support; inquired if the youth center definition is coming back to Council. The Interim City Attorney responded in the negative; stated three votes are needed to have it return to Council. Mayor Ezzy Ashcraft stated that she will not support either ordinance. Councilmember Oddie moved introduction of the ordinances. Councilmember Vella seconded the motion, Under discussion, Vice Mayor Knox White requested consideration of limiting the RFP; stated that he has not heard a compelling reason why the number of dispensaries has to be four; he would like the RFP to be for three. Councilmember Oddie stated he will not change the motion. Councilmember Vella stated the consultant recommended one dispensary for every 15,000 residents. On the call for the question, the motion FAILED by the following voice vote: Ayes: Councilmembers Oddie and Vella – 2. Noes: Vice Mayor Knox White and Mayor Ezzy Ashcraft - 2. [Absent: Councilmember Daysog – 1.] *** Mayor Ezzy Ashcraft called a recess at 9:30 p.m. and reconvened the meeting at 9:40 p.m. Regular Meeting Alameda City Council January 15, 2019 10 *** CITY MANAGER COMMUNICATIONS None. ORAL COMMUNICATIONS, NON-AGENDA None. COUNCIL REFERRALS None. COUNCIL COMMUNICATIONS (19-052) Councilmember Vella addressed Don Sherratt’s comments about staff; made an announcement regarding a t-shirt sale fundraiser for Coast Guard employees impacted by the federal government shutdown. Councilmember Oddie noted that federal employees can apply for State unemployment. Councilmember Vella stated federal workers, who have not received aid, should contact the City’s legal services provider “Centro de la Raza ;” outlined one time funds that can be utilized. (19-053) Vice Mayor Knox White stated that he is thankful for City staff; acknowledged Mayor Ezzy Ashcraft for setting a civil tone for the current Council. Mayor Ezzy Ashcraft stated that she expects a new tone of civility and respect; thanked members of the community for supporting Coast Guard families; discussed Coast Guard pay. ADJOURNMENT (19-054) There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 9:54 p.m. in memory of Amy Gee, Leida “Lee” Padway and Davis Officer Natalie Corona. Respectfully submitted, Lara Weisiger City Clerk Regular Meeting Alameda City Council January 15, 2019 11 The agenda for this meeting was posted in accordance with the Sunshine Ordinance.