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2019-03-19 Regular CC MinutesRegular Meeting Alameda City Council March 19, 2019 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- -MARCH 19, 2019- -7:00 P.M. Mayor Ezzy Ashcraft convened the meeting at 7:21 p.m. 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 (19-155) Mayor Ezzy Ashcraft read the Season of Non Violence word of the day on direct action. (19-156) Proclamation Declaring March 2019 Women’s History Month. Mayor Ezzy Ashcraft read the proclamation. (19-157) Councilmember Oddie recognized the Interim City Manager. The rest of the City Council also made brief comments. ORAL COMMUNICATIONS, NON-AGENDA (19-158) Paul Foreman, Alameda, expressed concern over comments made at the February 19, 2019 Council meeting regarding the cannabis item. (19-159) Pat Potter, Alameda, discussed the Council workshop on March 16 th; suggested each Councilmember share what they are doing to reduce greenhouse gas emissions at each Council meeting. (19-160) Toni Grimm, Alameda, expressed concern over the term “housing provider”; urged ordinance 3131 be revised. (19-161) Roxanne Hanna-Ware, Alameda, discussed issues with her living conditions at Alameda Point Collaborative. CONSENT CALENDAR Mayor Ezzy Ashcraft announced that the Central Avenue bikeway extension [paragraph Regular Meeting Alameda City Council March 19, 2019 2 no. 19-164]; the resolution amending the concession agreement [paragraph no. 19- 166]; and the climate emergency resolution [paragraph no. 19-168] were removed from the Consent Calendar for discussion. Councilmember Vella moved approval of the remainder of the Consent Calendar. Vice Mayor Knox White seconded the motion, which carried by unanimous voice vote – 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] (*19-162) Minutes of the Special and Regular City Council Meetings Held on February 19, 2019. Approved. (*19-163) Ratified bills in the amount of $6,959,437.29. (19-164) Recommendation to Endorse the Central Avenue Webster Street Optio ns for Further Analysis and the Two-Way Bikeway Extension between Paden School and McKay Avenue. Councilmember Daysog stated that he pulled the item to ensure clarification for the public; four options are being reviewed. The Planning, Building and Transportation Director stated each option will be discussed in detail; a decision will be made once the preferred option is identified. Councilmember Daysog stated the City is moving ahead with projects along Central and Encinal Avenues in a way that does not align with the Transportation Element; comprehensive modification of the General Plan is needed to see how projects fit in to the updated General Plan; a robust conversation involving the public should occur. Vice Mayor Knox White stated staff has engaged the community, Boards and Commissions as well as Council in a great way; requested staff bring back the option that is determined most safe, and allows the best opportunity for mode shift and greenhouse gas reductions. Councilmember Oddie inquired the time-frame of when the item will return to Council. The Planning, Building and Transportation Director responded Central Avenue has taken longer due to its status of being a State highway; a comprehensive report on the project will return at either the April 16th or May 7th Council meeting ; the goal is to return to Council by the end of the year to make recommendations and final decisions. Councilmember Daysog moved approval of the staff recommendation. Councilmember Vella seconded the motion, which carried by unanimous voice vote – 5. Regular Meeting Alameda City Council March 19, 2019 3 (*19-165) Resolution No. 15507, “Finding that the Harbor Bay Entities [Harbor Bay Village Four Associates (HBV4), Harbor Bay Village Five Associates (HBV5), and Harbor Bay Isle Associates (HBIA)] Have Demonstrated Good Faith Compliance with the Terms and Conditions of Development Agreement, DA -89-1.” Adopted. (19-166) Resolution No. 15508, “Amending the Concession Agreement with Dialemi, Inc. (known as Jim’s on the Course), to Provide an Extension for Completion of the Event Center at the Corica Park Golf Complex.” Adopted. The Interim Assistant City Manager gave a brief presentation. Councilmember Daysog inquired whether there is a 30-day timeline as mentioned in correspondence related to the item. The Interim Assistant City Manager responded that she has spoken with Greenway Golf and the owner of Jim's on the Course; the goal is to provide a final product of a quality that aligns with the facility; she recommends an amendment to allow 45 days for the City to approve all furnishings, fixtures and equipment (FFE); provided examples of FFE; she recommends the landscape plan be approved by the City within 45 days of signing the amendment; stated heating, ventilation and air conditioning (HVAC) is to be included in the project. Mayor Ezzy Ashcraft inquired the level of approval for FFE. The Interim City Manager responded she would approve the FFE. Councilmember Oddie inquired where the 45 days is listed. The Interim City Manager responded it needs to be added. Councilmember Oddie inquired if Council is allowed to make an amendment to the current item. Councilmember Vella inquired if there will be delays if Greenway has a discrepancy. The Interim Assistant City Manager responded discretion and approval lies with the City; stated that her goal is to have a quality product that benefits the golf course and the City and to match the look of the facility. Stated that he would like the event center to have consistent quality; stated most Jim’s patrons are not golfers; he supports the extension with the 45 day condition : George Kelley, Greenway Golf. Stated the Golf Commission unanimously voted in favor the staff recommendation : Ed Downing, Golf Commission. Regular Meeting Alameda City Council March 19, 2019 4 Mayor Ezzy Ashcraft expressed concern about the number of missed completion dates; stated two years of the contract has passed; stated that she is encouraged by the level of communication. Councilmember Vella stated the original timeline was idealistic; a lofty goal was set in regard to the permitting time allotted; the proposed language ensures the City has the ability to synthesize the project; the extension requested is not asking for an unreasonable amount of time; expressed support of the 45 day extension. Councilmember Daysog stated the golf course is incredibly beautiful; outlined the quality of work he witnessed on a recent visit; expressed appreciation for the attention provided by the Interim Assistant City Manager; expressed support of the 45 day extension and the City approving the FFE; stated that he voted on the item in 2015 and would like to see project completion in the near future; outlined the possibility of having Professional Golfers’ Association (PGA) events in the future. Mayor Ezzy Ashcraft stated that she believes once completed well, the course has the ability to attract PGA tournaments and banquets; golf is a great form of recreation and allows young golfers to learn the sport; the venue is a good location for weddings; expressed support of approving the resolution with the 45 day ext ension; stated if the project is not completed by December 2019, she is not inclined to support another extension. Councilmember Oddie expressed support; stated the building permit had been issued in December of 2018 and mechanical and electrical permits are still awaiting review; part of the reason for delay is due to the City permit review process; expressed support of the 45 day extension, which has not been noticed; inquired if Council has the authority to vote on the extension. The Interim City Attorney responded that he does not recommend adding the 45 day extension at this time; stated Council has given direction with respect to the review period; if a third amendment is needed, it may be brought back to Council for discussion. Mayor Ezzy Ashcraft inquired if the item may be continued to the next Council meeting in order to include the 45 day extension; stated that she is not aware of any evidence that the City's review process has caused delays. Vice Mayor Knox White stated that he believes Co uncil has the ability to add the time extension; the item has been adequately noticed; he will not support the second amendment without the 45 day extension language added; expressed appreciation to the Interim Assistant City Manager for her work; stated that he will not support future extensions. Councilmember Vella inquired about timing for permits and if there have been delay s. Regular Meeting Alameda City Council March 19, 2019 5 The Interim Assistant City Manager responded each permit differs based on level of complexity and what is submitted; stated the project has not been delayed by the permit process; outlined the permit and planning process timeline; stated complex projects often result in holds for comments, where questions arise from the reviewer and the issuance of the permit is held until questions are answered. Councilmember Vella inquired what degree the Council should be involved in the review process. The Interim Assistant City Manager responded that she will be involved to the degree of ensuring the paving and landscape plans match existin g conditions; stated that she will be looking at overall quality and aesthetics. In response to Councilmember Vella's inquiry, the Interim Assistant City Manager responded if the amendment is not approved, Jim's on the Course is in breach of contract and the City would need to terminate the contract; Greenway Golf has first right of refusal for food and beverage service. Councilmember Vella inquired if Greenway Golf would take over, to which the Interim Assistant City Manager responded in the affirmative. Councilmember Oddie's inquired whether no one is at fault, the Interim Assistant City Manager responded in the affirmative. Councilmember Oddie stated it is reasonable for the concessionaire to request an extension; inquired the reasoning behind Vice Mayor Knox White's stance on approval of the 45 day extension. Mayor Ezzy Ashcraft responded Council would be adhering to the Sunshine Ordinance; stated the extension being requested has no material impact. Vice Mayor Knox White stated based on the way the item has been noticed, anyone inclined to speak was given the opportunity; the item is a great example of how titled should be agendized. Councilmember Oddie moved adoption of the resolution with the additional 45 day provision outlined by the Interim Assistant City Manager. Councilmember Daysog seconded the motion. Under discussion, Councilmember Vella inquired whether the parties agreed to the 45 day provision, to which the Interim Assistant City Manager responded in the affirmative. On the call for the question, the motion carried by unanimous voice vote – 5. (*19-167) Resolution No. 15509, “Accept a Construction Grant for the Encinal Boat Regular Meeting Alameda City Council March 19, 2019 6 Launch Facility in the Amount of $1,450,000 from the Division of Boating and Waterways, Harbor and Watercraft Revolving Fund and Authorize the Interim City Manager, or Designee, to Manage the Grant Agreement.” Adopted. (19-168) Resolution No. 15510, “Endorse Declaration of a Climate Emergency and Request Regional Collaboration on an Immediate Just Transition an d Emergency Mobilization Effort to Restore a Safe Climate.” Adopted. The Climate Action Coordinator made brief comments. Expressed support: Christy Cannon, Alameda. Suggested a property on Park Street be used as a climate action center; discussed potential additional uses for the property: Joseph Cohen, Alameda. Expressed support; urged it be followed with action, policies, procedures and plans: Lauren Eisele, Community Action for a Sustainable Alameda (CASA). Urged adoption of the resolution and a local focus to end greenhouse gas emissions by 2030: Amos White, CASA. Expressed concern over sea level rise and support for the resolution : Caroline Choi, Alameda High School Student and CASA. Discussed climate change; expressed support for the resolution: Zoe Moore, Alameda High School Student. Expressed support for the resolution; discussed goals to address climate change: Jessica Robinson, CASA. Expressed support for the resolution; discussed youth being affected by sea level rise : Isabella McCracken, Alameda High School Student. Expressed support for the resolution; discussed possible environmental solutions: Kayoung Lee, Alameda High School Student. Expressed support for rooftop solar: Charles Adams, Alameda. Vice Mayor Knox White stated Council is providing input on the Climate Action Plan for the first time; the most meaningful goal is to be at zero net greenhouse gas emissions by 2030; the Climate Action Plan may yield a different goal ; once the plan is adopted, next steps will be discussed; Alameda is the only Island city in the Bay Area and should be climate leaders; discussed subcommittee meetings; noted all staff reports going forward need to identify the climate impact of the staff recommendation. Councilmember Oddie stated the issue is a top priority for Council; the City must take Regular Meeting Alameda City Council March 19, 2019 7 action and be leaders; the City does not have the luxury of waiting and will be significantly impacted; it is critical to set goals and take action; the youth of Alameda deserve to live in Alameda; expressed support for the resolution. Councilmember Daysog stated the year 2050 is 31 years from now and will happen in the snap of a finger; it is right to declare a climate action emergency. Councilmember Vella expressed support of the resolution; stated there are many existing ordinances and regulations that contradict what is currently being expressed; the permitting process and design review process need to be reviewed to reduce consumption; there has been a robust conversation with City staff, the community, and Council about how to reduce waste. Councilmember Oddie moved adoption of the resolution. Vice Mayor Knox White seconded the motion, which carried by unanimous voice vote – 5. REGULAR AGENDA ITEMS (19-169) Resolution No. 15511, “Appointing Vadim Sidelnikov as a Tenant Member of the Rent Review Advisory Committee.” Adopted. Mayor Ezzy Ashcraft made brief comments. Councilmember Vella moved adoption of the resolution. Vice Mayor Knox White seconded the motion, which carried by unanimous voice vote – 5. The City Clerk administered the Oath of Office and presented Mr. Sidelnikov with a certificate of appointment. Mr. Sidelnikov made brief comments. (19-170) Presentation on the CASA Compact; and Recommendation to Direct the Interim City Manager to Incorporate State Legislation Introduced to Implement the CASA Compact into the City’s Legislative Agenda. The Base Reuse and Community Development Director made brief comments. Brad Paul, Bay Metro, gave a Power Point presentation. Discussed CASA tenant protections which are of concern to the Alameda Renters Coalition (ARC); urged Council to do better than CASA: Catherine Pauling, Alameda Renters Coalition. Regular Meeting Alameda City Council March 19, 2019 8 Stated Alameda should push for CASA to have strong tenant protections; discussed opportunities to hold neighboring cities accountable, and how to capture value and fees: Brian McGuire, Alameda. Stated the housing plan is going to make problems worse; major changes are needed; the emphasis should not be on job creation: William Smith, Alameda. Vice Mayor Knox White stated the presentation shows no high quality bus lines; inquired the reason AC Transit Line 51A and the ferry are not included in the assessment. The Base Reuse and Community Development Director responded Metropolitan Transportation Commission (MTC) produced a map based on the definition of a high quality bus transit route, which is a separate category from ferries; outlined the parameters for high quality bus route per MTC. Mr. Paul stated Bay Metro can correct any mistakes that may have b een made. Vice Mayor Knox White stated that he believes Line 51A meets the criteria for high quality bus route. Councilmember Daysog stated officials from Contra Costa County cities raised concerned about the CASA Compact at East Bay League of Cities meetings; expressed concern over supporting the CASA Compact; stated Alameda Renters Coalition (ARC) is also concerned about the Compact; that he prefers the language included in late 2015 to early 2016 related to 5% threshold trigger for implementing local rent stabilization measures; the Bay Area Consumer Price Index (CPI) in addition to the 5% increase could yield close to a 9% rent increase; expressed concern over loss of local prerogative; stated that he is not able to provide any recommendations on t he CASA Compact; the City will be vulnerable if the CASA Compact is passed as presented; line- by-line analysis is needed on the regulatory effects on Alameda; outlined San Francisco Assemblymember Chiu's regional housing plan; stated that he would like to accept the presentation, but have internal City analysis. Mayor Ezzy Ashcraft stated that Councilmember Vella and herself sit on a State-wide policy committee on housing community and economic development for the League of California cities; the subcommittee proposed legislation will reviewed at an upcoming meeting in southern California; outlined the legislative task force to implement the CASA Compact; stated the issue is not without controversy, but housing is an important issue, and every city must do its part; discussed criticisms of the CASA Compact. Councilmember Vella stated many legislative points touch on housing in various capacities; it is important for Council to have a say in what ends up happening with upcoming legislation; Council should be aware and able to advocate for Alameda with Regular Meeting Alameda City Council March 19, 2019 9 upcoming State legislation; housing is a regional issue; the Compact helps identify areas of concern. Councilmember Oddie stated that he attended CASA's presentation at the League of Cities meeting; discussed the controversy related to the CASA Compact; stated a regional body has recognized there is an issue with displacement, rents and evictions, which needs a regional solution including just cause evictions, a rent cap and rental assistance; housing needs to be a priority when projects are reviewed; dense, transit- oriented development needs to be near transit lines; expressed support. Vice Mayor Knox White stated the problem exists because it has not been addressed in time; changes to communities are difficult but needed; people are displaced by rents and commutes; Council should be pressing the issue; CASA members are working to identifying good ways to go forward; continuing the same way as the previous 40 years will not solve the problem. Vice Mayor Knox White moved approval of directing the Interim City Manager to incorporate the CASA Compact into the City’s legislative agenda. Councilmember Vella seconded the motion. Under discussion, Councilmember Vella stated the CASA Compact map of rent increases from 2010 to 2016 shows the majority of Alameda has had an alarming increase of 30%; the Compact is intended to provide general solutions. Councilmember Daysog stated the General Plan should be updated in a comprehensive manner in order to help residents align with needs. On the call for the question, the motion carried by the following voice vote: Ayes: Councilmembers Knox White, Oddie, Vella and Mayor Ezzy Ashcraft – 4. Noes: Councilmember Daysog – 1. *** Mayor Ezzy Ashcraft called a recess at 9:32 p.m. and reconvened the meeting at 9:37 p.m. *** (19-171) Public Hearing to Consider Endorsing: 1) an Annual Report on the Status of the General Plan and Housing Element, and 2) an Annual Report on the Status of the Transportation Choices Plan and Associated Work Program Priorities. Continued to April 2, 2019. Mayor Ezzy Ashcraft suggested the matter not be heard tonight. Vice Mayor Knox White moved approval of continuing the item to April 2, 2019. Regular Meeting Alameda City Council March 19, 2019 10 Councilmember Oddie seconded the motion, which carried by unanimous voice vote – 5. (19-172) Public Hearing to Consider Adoption of Resolution Amending the General Plan Residential and Business Park Land Use Classifications to Resolve Conflicting Language Between the Residential Density Standards in the Land Use Element with the Residential Density Standards Adopted in the Housing Element and Clarifying Business Park Development Standards. Not heard. (19-173) Public Hearing and Consider Adoption of Resolution Denying the Appeal Filed by Ty Hudson on Behalf of Unite Here Local 2850 and Approving a Design Review and Parking Reduction to Allow the Construction of a 96-Room Hotel with 62 Parking Spaces at 1825 Park Street (PLN17-0538). Vice Mayor Knox White moved approval of lowering the speaker time to one minute . Councilmember Oddie seconded the motion, which carried by unanimous voice vote – 5. The Planning, Building and Transportation Director gave a Power Point presentation. Paul Patel, Project Applicant, gave a brief presentation. Ty Hudson, Appellant, gave a brief presentation. Councilmember Daysog inquired whether removing the housing overlay would require the City to make-up the housing count, to which the Planning, Building and Transportation Director responded in the negative. Mayor Ezzy Ashcraft inquired whether the parking study observed two days at another hotel. The Planning, Building and Transportation Director responded independent analysis was conducted; stated the code referenced by the appellant is about the Planning Board reducing the amount of available on site parking; outlined the Planning Board's discussion related to parking reduction; stated if 96 parking spaces are desired without the need for valet, the hotel must become smaller. Expressed support for the project: Kari Thompson, Chamber of Commerce. Stated the project will benefit businesses: Michelle Manousos, East End Restaurant. Expressed opposition to the appeal and support for the project : Paul Manousos, East End Restaurant. Expressed support for the hotel: Zhen Zhenn Li, Saratoga. Regular Meeting Alameda City Council March 19, 2019 11 Stated the project would help Park Street and Alameda: Justin Wong, Alameda Artists. Stated people want to stay at hotels in Alameda instead of near the airport; expressed support for the project: Sam Patel. Expressed support for the hotel: Ming Yan Yin, Alameda. Stated Park Streets needs revitalization and would benefit from the hotel: Cameron. Stated Intercontinental Hotels is excited to have a hotel in Alameda : Ed Shaw, Intercontinental Hotels Stated that he supports the hotel after talking to Mr. Patel: Benjamin Winters, Phoenix. Stated the project has been going on for three years, should proceed and will bring jobs : Rich Krinks, Alameda. Expressed support for the hotel, which is something the City needs: Sinohui Hinojosa. Expressed support for the hotel, which will bring people to the area : Phoebe Ng, Alameda. Expressed support for the hotel which will be a boom to the economy for both the construction phase and after construction phase: Vincent Som. Stated that he would use the hotel: Mike Gorman, Campbell. Expressed support for the hotel: Shawn Flynn. Stated Alameda does not have enough hotels to support the high tourism: Vincent Ma, Alameda. Expressed support for the hotel: Loi Thai. Expressed support for the hotel, which will create jobs and support businesses: Michael Villaluna. Expressed support for the hotel: Harvey Young. Expressed support for the hotel; urged Council to approve the project : John Frangoulis, Park Street Tavern. Expressed support for the hotel, stated Alameda needs a hotel to increase tourism and create jobs: Madlen Saddik, Chamber of Commerce. Regular Meeting Alameda City Council March 19, 2019 12 Expressed support for the project and Planning Board decision: Ron Mooney, Alameda. Expressed support for the hotel: Garrick Yan. Urged Council to support the project; stated the hotel will bring more tourism: Liza Fong. Expressed support for the project and Mr. Patel; stated the hotel tax will help the City : Tina Blaine, Alameda and Rhythmix. Stated that he supports the project: Gustave Link. Expressed support for the project and Mr. Patel: Amy Quintero, Alameda. Stated that he wants the hotel: Mike Parisi, Thai Noodle House. Urged Council to approve the hotel; stated this is the right project at the right time : Mark Skolnick. Expressed support for the hotel project; stated the hotel has been a goal of the Park Street Business Association for many years: Lars Hanson, Alameda. Stated that he supports the project; stated the tax revenues are a tremendous benefit to the community: Eric Relos. Stated that she is in favor of the hotel: Christina Hui. Expressed support for the hotel; stated the hotel will be good for Alameda : Michelle Rayo. Stated the Downtown Alameda Business Association (DABA) enthusiastically supports the hotel: Janet Magleby, DABA. Stated the project will revitalize the north end of Park Street; outlined upcoming events that are unable to accommodate guests wishing to stay overnight in Alameda : Steven Zimmerman, Tuckers Ice Cream. Expressed support for the hotel: Joe Loparo, Alameda. Stated the hotel would be good for the downtown district : Anita Ng, Alameda. Stated a hotel without a restaurant is best for Park Street restaurants : Vaidas Sukys, Mama Papa Lithuania. Urged approval of the project: Richard Kannapell. Stated the project will bring business to Alameda: Alex Bretow. Regular Meeting Alameda City Council March 19, 2019 13 Expressed support for the hotel: Kourish Ahari. Stated hotel guests will need to eat and restaurants will benefit: Carlos Rosales. Expressed support for the project: Sunil Lama. Expressed concern over where the hotel workers would live; stated Regional Housing Needs Assessment (RHNA) affordable housing needs have not been met; a social vulnerability analysis should occur: William Smith, Alameda. Expressed concern over project delays; suggested additional t ransit solutions for rideshare: Brian McGuire, Bike Walk Alameda. Expressed support for Mr. Patel; urged Council to deny the appeal : Carlos Serrano- Quan. Stated that he has never seen so many people in support; the taxes will benefit the community: Michael McDonough, Chamber of Commerce. Councilmember Vella inquired the number of rooms of the hotels on Webster Street to which the Planning, Building and Transportation Director responded Hawthorne Hotel has approximately 50 rooms. Councilmember Vella inquired how much business both hotels on Webster Street are generating, to which the Planning, Building and Transportation Director responded that he cannot quantify said amount. Councilmember Vella inquired if the hotels are at capacity, to which Planning, Building and Transportation Director responded in the affirmative for Hawthorne Hotel. Councilmember Vella inquired if there is guidance or policies in place for rideshare. The Planning, Building and Transportation Director responded the condition of approval requires a rideshare program be provided free of cost to hotel patrons. *** (19-174) Mayor Ezzy Ashcraft stated a motion is needed to consider new items after 11:00 p.m. Councilmember Vella moved approval of considering the remaining items. Councilmember Daysog stated his referral could be heard at the next meeting. Councilmember Oddie stated his Council Communication item could also move to April 2, 2019. Regular Meeting Alameda City Council March 19, 2019 14 Councilmember Vella amended her motion to hear the remaining items, excluding the two items Councilmembers agreed to move to April 2, 2019. Vice Mayor Knox White seconded the motion, which carried by unanimous voice vote – 5. *** The Planning, Building and Transportation Director stated the hotel would pay for rideshare services for hotel guests from the airport and any place within a 3 -mile radius in order to reduce the need for patrons to rent cars. In response to Councilmember Oddie's inquiry, the Planning, Building and Transportation Director outlined the process for the hotel to procure rideshare for hotel patrons. Councilmember Oddie inquired if a bike option was considered, to which the Planning, Building and Transportation Director responded it was not included as a requirement. Councilmember Vella stated there is a question about what the City is doing to reduce single-occupancy vehicles; the free Alameda shuttle should be promoted and supported; that she will not be supporting the rideshare agreement; public transit should be supported; the City should help improve the business districts; outlined how trafficking laws relate to hotels; expressed concern over the process to approve hotels; stated the process should include a community meeting to inform people that live nearby; expressed concern about pedestrian safety related to rideshare. Councilmember Daysog stated that the appeal does not rise to the level of significance; expressed support of denying the appeal and voting to approve the hotel. Councilmember Oddie expressed concern about rideshare; stated Council should promote the use of bicycles and walking; outlined an ideal project approval; stated there should be a way to work in commercial, hotel and residen tial at the same time; there is a missed opportunity to engage both tourism and residential foot traffic; minimum parking requirements are a tool to oppose development projects; expressed concern about the design not providing housing options; stated more could have been done with the property. Vice Mayor Knox White stated Councilmember Oddie's suggestion is great; expressed support of the General Plan and Housing Element update to include future requirements; discussed his tenure on Planning Board related to subcommittee work on the North Park Street zoning rules; stated there has been significant improvement in the project’s design; expressed concern over surrogate ride programs; stated that he would like to see engagement on the ground floor, where people feel welcome to walk into; he would like to see the Transportation Demand Management (TDM) program shift; the parking requirements are based on a 1970's mindset and do not make sense; outlined Regular Meeting Alameda City Council March 19, 2019 15 the ability for those who work in the City to be able to live in the City as well and addressing the housing issue. Councilmember Daysog stated Park Street has many great r estaurants and hotel patrons will feel the same; the project is exciting. Mayor Ezzy Ashcraft expressed support for the parking waiver; stated riding the bus is great; it is unrealistic for all hotel patrons to be expected to ride the bus; expressed support for having a variety of transit options available; discussed a shuttle she encountered on a recent trip; stated foot traffic is needed for local businesses; a hotel will increase business visitors; housing on upper levels of commercial space is a good idea for future projects but it is unfair to hold the current project applicant to a standard that has not been set forth to meet; expressed concern over the current design; stated the design is nondescript and does not seem appropriate for the downtown h istoric gateway; proposed addressing the different issues before Council separately and a vote be taken to approve the parking waiver; inquired if conditions could be added. The Planning, Building and Transportation Director responded the first issue to decide is whether the appeal is upheld and if the project would be sent back to the Planning Board to address design; outlined the appeal process; stated it is important to articulate the reasons why the design is being sent back. Mayor Ezzy Ashcraft stated that she is in favor of sending the item back to the Planning Board to address the design. Councilmember Vella concurred; stated hotels are over-parked; inquired whether there can be a community meeting or community notification if the matter is sent back to the Planning Board. The Planning, Building and Transportation Director responded in the affirmative; stated staff can notice the community that the item is coming back to the Planning Board as a study session; holding a separate community meeting before the Planning Board review is also possible if Council desires. Mayor Ezzy Ashcraft expressed concern over fairness to the applicant. Councilmember Vella stated the community meeting does not need to be separate. Vice Mayor Knox White stated this there have been at least two public hearings before the Planning Board discussion; he does not support sending the design back. Mayor Ezzy Ashcraft stated that she is responsible, as an elected official voting to approve a project, to ensure it is as high quality and appropriate in appearance in the downtown gateway corridor. Councilmember Daysog stated that he is satisfied with the project being properly vetted; Regular Meeting Alameda City Council March 19, 2019 16 expressed support for the current design; stated the design is consistent with the downtown gateway; expressed support for the parking and TDM strategy; stated that he will continue to support denial of the appeal. Councilmember Oddie stated the design resembles an office building; a traditional brick design would be better suited for the surrounding buildings. Mayor Ezzy Ashcraft outlined design findings. Mayor Ezzy Ashcraft moved approval of sending the item back to Planning Board to improve the design to be more compatible. The Assistant City Attorney stated if Council is unable to make all three findings required for Design Review, Council must specify which findings cannot be made; the motion to follow will be to uphold the appeal for reasons independently reviewed by Council. Mayor Ezzy Ashcraft inquired whether the parking waiver may be voted on or if a straw vote is required to provide direction. The Assistant City Attorney responded the resolution in the packet is to deny the appeal and approve the project; stated a resolution has not been prepared that reflects the Council’s current considerations; a straw vote is recommended to direct staff to return at the next regularly scheduled Council meeting with a resolution which has the appropriate findings and reflects the current discussion. Mayor Ezzy Ashcraft inquired if the items may be bifurcated. The Assistant City Attorney responded in order to uphold the appeal, Council may base the decision on either not being able to make the design review findings or not being able to make the parking waiver findings. Councilmember Vella expressed support for the parking waiver; stated general parking directives should be reviewed and can be agendized at a future meeting. The Interim City Attorney stated if there are three votes to uphold the appeal on the basis of design, the vote may occur; separately, if Council would like the Planning Board to look at the parking issue while reviewing the design aspect, a vote can occur to direct the Planning Board to review parking as part of the design review. The Assistant City Attorney stated the motion may approve the parking waiver and also indicate that one or more design review findings cannot be met to remand the project back to the Planning Board only for said purpose. Councilmember Oddie stated a majority of Council has expressed concern about the transit component and rideshare; stated that he does not want to re-litigate the parking Regular Meeting Alameda City Council March 19, 2019 17 waiver. Mayor Ezzy Ashcraft inquired if Council may approve the parking waiver, but request that it be augmented by suggestions made by Council. The Planning, Building and Transportation Director responded in the affirmative ; stated the public hearing has been closed; at the next meeting, a resolution will come back reflecting the Council direction; staff will inform the Planning Board why the item is returning. Mayor Ezzy Ashcraft inquired if two votes are required, to which the Interim City Attorney responded in the affirmative. Councilmember Daysog inquired whether particular findings must be made if the majority of Council finds the design review is questionable, to which the Interim City Attorney responded in the negative. Mayor Ezzy Ashcraft stated the design needs to become more consistent with the second and third findings under design review. Vice Mayor Knox White inquired whether the North Pa rk Street plan design guidelines include streamline moderne, to which the Planning, Building and Transportation Director responded in the affirmative. Vice Mayor Knox White stated that he will not support sending the item back to Planning Board; requested if the item is sent back, there be specific reasoning; stated sending the item back is problematic without specific reasoning. Councilmember Vella stated the design does not work in relation to the size of the project site; the design is abrupt; other nearby design options would better compliment the site. Mayor Ezzy Ashcraft stated the design is stark and improvable. By consensus, Council moved approval of sending the design back to the Planning Board by the following voice vote: Ayes: Councilmembers Oddie, Vella and Mayor Ezzy Ashcraft – 3. Noes: Councilmembers Daysog and Knox White – 2. Vice Mayor Knox White inquired if the parking waiver has been approved, to which the Interim City Attorney responded in the affirmative. Vice Mayor Knox White moved approval of as part of the design review, there be a review of the TDM program that relies less on Transportation Network Companies (TNC's) and more on public transit and multi-person shuttles as well as bike share, in alignment with climate goals. Regular Meeting Alameda City Council March 19, 2019 18 Councilmember Oddie inquired if the motion could be amended to add automobiles after TNC's, to which Vice Mayor Knox White responded in the affirmative. Councilmember Vella seconded the motion. Under discussion, Vice Mayor Knox White stated that he does not want to encourage the project to offer TNC's. Councilmember Oddie stated that it would be helpful to have staff return with an update on the status of the shuttle. Councilmember Vella stated rideshare should have a designated safe drop -off space. On the call for the question, the motion carried by the following voice vote: Ayes: Councilmembers Knox White, Oddie, Vella and Mayor Ezzy Ashcraft – 4. Noes: Councilmember Daysog – 1. The City Clerk noted the item is be declared as continued to April 2, 2019. Councilmember Oddie stated that he would like an item to return in the future related to including ground floor retail, commercial and residential buildings in future development projects. *** Mayor Ezzy Ashcraft called a recess at 11:44 p.m . and reconvened the meeting at 11:49 p.m. *** (19-175) Resolution No. 15512, “Amending the Fiscal Year (FY) 2018-19 Budget” Adopted; and (19-175A) Resolution No. 15513, “Approving Workforce Changes to the FY2018-19 Mid-Year Budget Update in the Planning, Building and Transportation Department, Finance Department and Public Works Department” Adopted; and (19-175B) Resolution No. 15514, “Amending the Alameda City Employees Association (ACEA) Salary Schedule Establishing the Classification of Combination B uilding Inspector I, Retitling the Combination Building Inspector Classification to Combination Building Inspector II, and Providing for Equity Adjustments to Increase the Base Pay of the Classifications of Senior Combination Building Inspector, Senior Bui lding Code Compliance Officer, Senior Fire Code Compliance Officer, Combination Building Inspector II, and Fire/Building Code Compliance Officer Effective March 31, 2019.” Adopted. The Finance Director gave a Power Point presentation. Councilmember Daysog inquired whether the Vehicle License Fee (VLF) is a trade of Regular Meeting Alameda City Council March 19, 2019 19 the previous VLF given up for property tax. The Finance Director responded in the affirmative; stated the State previously took VLF's away from cities, but increased the property tax to cover the amount; continued the Power Point presentation. Councilmember Vella inquired the impact of the Public Employees' Pension Reform Act (PEPRA) new hires under safety departments. The Finance Director responded there are only 25 PEPRA employees. In response to Councilmember Vella’s inquiry regarding the number of vacancies, the Fire Chief stated there are currently 11 sworn vacancies and one civilian vacancy in the Fire Department. The Human Resources Director responded there are approximately 10 vacancies in the Police Department. Councilmember Daysog expressed concern about the increase in the miscellaneous retirement formula; stated that he would like to know more about the portion of reserves above 25% that is dedicated to Other Oost-Employment Benefits (OPEB) and retirement; inquired whether vacancies are driving up reserves. The Finance Director responded in the affirmative; stated each department is trying to hire staff. Councilmember Daysog stated to the extent that departments are not hiring, there are not actual dollars being expended causing the revenue side to be more than the expenditures side. The Finance Director stated the revenue will not repeat in the following year. Councilmember Daysog stated some departments have had va cancies for multiple years; expressed concern with the formula for excess reserves beyond 25%. Vice Mayor Knox White requested clarification on the issue raised by Councilmember Daysog. Councilmember Daysog outlined his reasoning for the formulaic issue calculating excess reserves beyond 25%. Mayor Ezzy Ashcraft stated that she understands Councilmember Daysog's concern; discussed her role in Council's use of budget surplus; stated Council established 25% as a good reserve to have; Council has a growin g OPEB and CalPERS liability and a moral obligation to pay retirees; that she expects a recession in the future; the City has saved over $1 million per year; the City needs to be extremely careful when adding to Regular Meeting Alameda City Council March 19, 2019 20 the OPEB liability. Councilmember Daysog stated the correct staffing expenditures is short-changing residents out of services needed in an effort to put reserves to OPEB payments. Mayor Ezzy Ashcraft stated neither the Police Chief nor the Fire Chief have said that they will not hire staff members; open positions are attempted to be filled year after year. Councilmember Vella requested clarification of there being more retirees than active staff; stated the vacancies are in two departments that have a difficult time recruiting due to an involved process of academy training and background checks; inquired if the increases shown in the presentation are due to new discount rates from CalPERS. The Finance Director responded in the negative; stated CalPERS has changed assumptions including how long retirees live, demographics and investment types; outlined CalPERS new fee; stated the fee will grow over time; outlined the City's plan to pay down the upcoming debt; stated the goal is to drive the pension costs down. Mayor Ezzy Ashcraft stated it is important for Council to monitor what CalPERS is proposing; monthly Board Meetings are held discussing investments and speakers are allowed; discussed a CalPERS 2018 conference and an upcoming session for elected officials. Councilmember Daysog stated that he was not implying department heads were purposely holding employment down; however, the effect of holding employment down should be considered. Councilmember Oddie stated as Council goes forward, the City will have more employees on PEPRA versus classic CalPERS; over time, the liability will drop; by putting the excess reserves to work, the City has saved a million dollars a year in PERS; in the event of an economic downturn, the liability can be paid versus cutting officers or closing a Fire Station; the revenues appear to be under estimated and expenses appear to be overestimated; he would prefer the budget be more accurate. Vice Mayor Knox White inquired whether or not work performed for the State is reimbursed. The Finance Director responded in the affirmative; outlined reimbursement policies. The Fire Chief stated the costs includes overtime of personnel, vehicle use charges, and the City’s overhead rate. The Finance Director stated in Fiscal Year 2017-2018, 195 agencies made additional contributions to CalPERS above and beyond the normal requirement. Regular Meeting Alameda City Council March 19, 2019 21 Mayor Ezzy Ashcraft stated that she would like the budget reviewed from a fiscally conservative side; there are other unfunded liabilities; she would like every vehicle purchased for the City's fleet to be an Electric Vehicle (EV) if possible. The Finance Director continued the presentation. Councilmember Daysog inquired whether the $7.9 million came from a one-time amount resulting from the agreed upon formula, to which the Finance Director responded in the affirmative and continued the presentation. Mayor Ezzy Ashcraft requested clarification on the risk equity distribution. The Finance Director outlined the distribution payments. The Interim City Manager noted the insurance pools use an actuary. The Finance Director continued the presentation. Mayor Ezzy Ashcraft inquired about capital costs, who will maintain and repair the proposed modular restroom at Alameda Point. The Recreation and Parks Director responded all maintenance will fall under the Recreation and Parks Department. Mayor Ezzy Ashcraft inquired whether the new restrooms would be used in lieu of the Alameda Point Gym restrooms to comply with the Americans with Disabilities Act (ADA). The Recreation and Parks Director responded the modular restrooms will be in addition to the existing restrooms; stated the modular restrooms are meant to supplement. Councilmember Oddie stated that he would like to have the line items for Public Works and safety personnel working at special events, parades and festivals included. Vice Mayor Knox White inquired the process for adding items to be considered in the budget. The Finance Director responded Council decisions will be incorporated either in the upcoming budget item or brought back as a separate item. Councilmember Vella inquired if the cost of pool repairs is included in the mid -year budget, to which the Finance Director responded in the negative. The Recreation and Parks Director stated the cost is still unknown. The Human Resources Director continued the Power Point presentation. Regular Meeting Alameda City Council March 19, 2019 22 Mayor Ezzy Ashcraft inquired the reasoning for a two -year term for the Permit Tech III position. The Planning, Building and Transportation Director responded permits are up and the permit counter is busy; stated since the Planning department is fee-based, the position is limited to a two-year term; an assessment will be made to determine if more time is needed. Councilmember Vella inquired whether an accounting of time is being cond ucted on plan check and review. The Planning, Building and Transportation director responded even though permits are up, the overall number is down; stated streamline procedures are being implemented; design review exemptions to cut down steps and time, which has increased work at the counter, resulting in the new needed position. The Human Resources Director continued the presentation. Vice Mayor Knox White inquired whether the focus of the new Transportation position will change. The Public Works Director responded the Supervising Civil Engineer will be a licensed transportation engineer and will improve the ability of the Transportation department as a whole. The Finance Director completed the presentation. Councilmember Oddie expressed concern over the previous five years of revenues being significantly higher than estimated, and expenses coming in lower than estimated; stated some of the increased assessed value is due to increased market value, but some can be attributed to City departments p roviding services; it is critical to keep services running in order to maintain high standards of living; stated that he will support the resolutions; he would like to see line items for festival and parade events sooner than later. The Recreation and Parks Director stated funding has been identified in the non - departmental contingency fund for the upcoming July 4th parade and has been provided for the next budget cycle. Councilmember Vella stated the mid-year budget comes several months into the year; that she would prefer the report be provided earlier in the year if possible; expressed support for the budget requests; stated the pool repair costs need to be realized in order to keep Emma Hood Swim Center open and functioning; the City should continue t o pay down the CalPERS liability; she would like to know where revenues are under estimated and expenses are overestimated and would like to know where the mark is being Regular Meeting Alameda City Council March 19, 2019 23 missed. Councilmember Daysog expressed support for the workforce changes resolutions; stated that he will abstain from the budget amendments due to the budget coming in negative and since he has only been present for two months as the two year budget; he is looking forward to the next two-year budget cycle. Mayor Ezzy Ashcraft stated that she appreciates the conservative budget projections; even though revenues have been high, ten years ago some departments were cut in half; spending excess revenues should be avoided; public safety vacancies are not due to Council not funding the positions; recognized the City Clerk's office for passport services. Vice Mayor Knox White moved adoption of the resolutions. Councilmember Vella seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Knox White, Oddie, Vella and Mayor Ezzy Ashcraft – 4. Abstention: Councilmember Daysog – 1. (19-176) Recommendation to Consider: (A) Introduction of Ordinance Repealing in Its Entirety Ordinance No. 3227 (Ordinance Amending the Alameda Municipal Code by Amending Article XVI (Cannabis Businesses) of Chapter VI (Businesses, Occupations and Industry) to (1) Eliminate the Cap on Testing Laboratories, (2) Allow for Two Additional Cannabis Businesses to Operate as "Dispensary/Delivery" (Delivery Required; Open to the Public) Within the Zoning Districts for Cannabis Retail, (3) Amend the Dispersion Requirement to Require No More Than Two Cannabis Retail Businesses to Operate on Either Side of Grand Street, (4) Create a Two -Tier Buffer Zone from Sensitive Uses for Cannabis Businesses, (5) Amend Certain Portions of the Regulatory Ordinance to Enable Cannabis Retail Businesses to Dispense Non - medicinal or “Adult Use” Cannabis, (6) Modify Requirements for Off -Island Delivery, and (7) Make Other Clarifying or Conforming Amendments Thereto; and (B) In troduction of Ordinance Repealing in Its Entirety Ordinance No. 3228 (Ordinance Amending Section 30-10 (Cannabis) to (1) Add Cannabis Retail Businesses as Conditionally Permitted Uses in the C-1, Neighborhood Business, and C-M, Commercial-Manufacturing Zoning Districts, (2) Amend Certain Portions of the Zoning Code to Enable Cannabis Retail Businesses to Dispense Non-medicinal or “Adult Use” Cannabis, and (3) Amend Certain Portions of the Zoning Code to Remove the Dispersion Requirement); and Public Hearing to Consider: (A) 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 Regular Meeting Alameda City Council March 19, 2019 24 Dispense Non-Medicinal or “Adult Use” Cannabis, (f) Modify Requirements for Off - Island Delivery, and (g) Make Any Other Related Amendments; and (B) Introduction of Ordinance Amending the Alameda Municipal Code by (1) Amending Section 30 -10 (Cannabis) to (a) Add Cannabis Retail Businesses as Conditionally P ermitted 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, (c) Amend Certain Portions of the Zoning Code to Remove the Dispersion Requirement; and (d) Make Any Other Related Amendments; and Consider Phasing Implementation of the Cap on the Number of Dispensary/Delivery Permits, Through the Request for Proposals Process, and Provide Direction to Staff, as Necessary. Not heard. CITY MANAGER COMMUNICATIONS (19-177) The Interim City Manager made brief comments about his time as Interim City Manager. ORAL COMMUNICATIONS, NON-AGENDA None. COUNCIL REFERRALS (19-178) Consider Raising the Rate of the Hotel Tax (Transient Occupancy Tax). (Councilmember Daysog) Councilmember Daysog stated the item would be placed on the April 16, 2019 agenda. (19-179) Consider Directing the City Manager to Create Breastfeeding Locations, Baby Changing Stations and Gender Neutral Bathrooms. (Councilmembers Vella and Oddie) Councilmembers Vella and Oddie made brief comments regarding the referral. Vice Mayor Knox White moved approval of the referral. Councilmember Vella seconded, which carried by unanimous voice vote – 5. COUNCIL COMMUNICATIONS (19-180) Status of the Emma Hood Swim Center at Alameda High School. Vice Mayor Knox White gave a brief update. (19-181) Review and Discuss Charter Amendment Timeline and Issues Proposed by the Council Subcommittee. Regular Meeting Alameda City Council March 19, 2019 25 Vice Mayor Knox White made brief comments. Councilmember Vella inquired whether workshop A and B are able to be agendized to allow other Councilmembers to attend. The Interim City Attorney responded a member of Council may atten d, but not participate in a subcommittee meeting. Councilmember Vella inquired whether she would be able to ask questions. The Interim City Attorney responded in the negative; stated if a Councilmember would like to participate, the meeting should be noticed in a timely manner to be properly agendized. The City Clerk stated a 7-day notice is required to allow the entire Council to attend and speak. Councilmember Oddie stated there are many items that Councilmembers would like to weigh-in on; expressed concern about attending a workshop without proper preparation. Vice Mayor Knox White stated the goal of bringing the item is to gain input on topics of interest and the process. Councilmember Oddie stated mid-April is only 3 weeks away, and may not be enough time to produce changes that can be vetted by the community. Mayor Ezzy Ashcraft stated that her direction was to go through the City Charter in detail; discussed items that are not currently included in the Charter. Councilmember Daysog stated the items he has suggested have political legitimacy; limiting the topics was not discussed; outlined his priorities for Charter updates. Councilmember Vella stated there should be more discussion about topics ; suggested the item be continued to a future meeting. The City Clerk noted Elections Code 1415 prohibits employment issues from being on the March election and the City would have to pay to participate in the election. Councilmember Oddie discussed the Charter provision deemed to be vague and unclear. Mayor Ezzy Ashcraft inquired if the item may be continued to April 2, to which the City Clerk responded in the affirmative. (19-182) February 2019 Topic Brief on Climate Action and Embodied Emissions. [Informational Only] (Councilmember Oddie) Regular Meeting Alameda City Council March 19, 2019 26 Councilmember Oddie stated the matter would return on April 2, 2019. ADJOURNMENT (19-183) There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 1:37 a.m. in memory of Victor McElhaney and victims of the terrorist attack in Christchurch, New Zealand. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Sunshine Ordinance.