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2019-06-18 Regular CC MinutesRegular Meeting Alameda City Council June 18, 2019 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- -JANUARY 2, 2019- -7:00 P.M. Mayor Ezzy Ashcraft convened the meeting at 7:06 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. [Note: Councilmember Vella was present via teleconference from 1364 Burbank Street, Alameda, CA 94501 and left the meeting at 10:03 p.m.] Absent: None. AGENDA CHANGES (19-366) Mayor Ezzy Ashcraft noted the meeting would be recessed to address the budget after the aquatic facility discussion [paragraph no. 19-378]. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (19-367) Proclamation Declaring June 2019 as Elder Abuse Awareness Month and June 15, 2019 as World Elder Abuse Awareness Day. Mayor Ezzy Ashcraft read the proclamation and presented it to Dena Aindow, District Attorney’s office, and Vincent Gordon, Adult Protective Services. Ms. Aindow and Mr. Gordon made brief comments. ORAL COMMUNICATIONS, NON-AGENDA None. CONSENT CALENDAR Mayor Ezzy Ashcraft announced the grant resolution [paragraph no. 19-376] was removed from the Consent Calendar for discussion. Vice Mayor Knox White moved approval of the remainder of the Consent Calendar. Councilmember Oddie seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye and Mayor Ezzy Ashcraft: Aye. Ayes: 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] Regular Meeting Alameda City Council June 18, 2019 2 (*19-368) Minutes of the Special City Council Meetings Held on May 21, 2019. Approved. (*19-369) Ratified bills in the amount of $5,461,351.98. (*19-370) Recommendation to Authorize the City Manager to Execute: 1) An Emergency Medical Services First Responder Advanced Life Support Agreement with the County of Alameda, for Five Years with the Option of Five One-Year Extensions; and 2) An Ambulance Transport Services Agreement with the County of Alameda, for Five Years with the Option of Five One-Year Extensions. Accepted. (*19-371) Recommendation to Award a Contract for the Publication of Legal Notices to the Alameda Sun for Fiscal Year 2019-20. Accepted. (*19-372) Recommendation to Authorize the City Manager to Execute a Two-Year Agreement, Substantially in the Form of the Attached Agreement, Between the Housing Authority of the City of Alameda and the City of Alameda to Provide Housing Services for the City of Alameda and Additional Policing Services for the Housing Authority of the City of Alameda. Accepted. (*19-373) Recommendation to Authorize the City Manager to: 1) Execute an Agreement with National Purchasing Cooperative, dba BuyBoard for Participation in Cooperative Purchasing; and 2) Execute an Agreement with Public Restroom Company for Purchase and Installation of a Restroom at Encinal Boat Launch Facility in an Amount Not to Exceed $136,968. Accepted. (*19-374) Recommendation to Authorize the City Manager to Execute an Agreement with Chrisp Company for the Replacement of Pavement Markings and Signs, No. P.W. 03-19-15, in an Amount Not to Exceed $602,219, Including Contingency. Accepted. (*19-375) Recommendation to Authorize the City Manager to Execute Water Main Extension Agreements with East Bay Municipal Utility District (EBMUD) for Alameda Point’s Adaptive Reuse Areas Phase 1 and Phase 2 and Pay $212,072 and $153,885, Respectively, for the Required Design and Estimated Construction Cost Deposit. Accepted. (19-376) Resolution No. 15547 “Authorizing the City Manager to Apply for and Accept up to Three Hundred Ten Thousand Dollars ($310,000) in Senate Bill (SB) 2 Planning Grants Program Funds for Work on General Plan Updates, Zoning Ordinance Amendments, and Environmental Review Consistent with State Laws to Streamline Housing Production.” Adopted. Councilmember Daysog stated the item is seeking State funds to update the General Plan; questioned whether staff is able to provide ways Council can follow through on threshold requirements under item 3 of SB2 “Nexus to accelerating housing production”. Regular Meeting Alameda City Council June 18, 2019 3 The Planning Services Manager stated the State is granting money to Cities in order to ease the process of creating housing; the application process provides priority policy areas; outlined requirements listed in SB2 that exclu de projects from Nexus requirements. Councilmember Daysog inquired whether an accelerated production process currently exists; to which the Planning Services Manager responded in the affirmative. In response to Councilmember Daysog’s inquiry related to Accessory Dwelling Units (ADU), the Planning Services Manager responded the grant will be used for City time to perform work; stated work and decisions that will affect regulations will go through public process and approval. Councilmember Daysog moved adoption of the resolution. Mayor Ezzy Ashcraft stated that Alameda is participating in ways to address the housing crisis and this item is a good use of funds; legislation will come out of Sacramento related to streamlining production of ADU’s. Vice Mayor Knox White seconded the motion. Under discussion, Vice Mayor Knox White stated the cost of housing is being considered for the next generation’s ability to remain living in Alameda ; expressed support for long-term housing production goals moving forward. On the call for the question the motion carried by the following roll call vote: the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye and Mayor Ezzy Ashcraft: Aye. Ayes: 5. REGULAR AGENDA ITEMS (19-377) Resolution No.15548, “Appointing Donna Hom as a Member of the Civil Service Board.” Adopted; (19-377A) Resolution No.15549, “Reappointing John Nolan as a Member of the Civil Service Board.” Adopted; (19-377B) Resolution No.15550, “Reappointing Kathleen Kearney as a Member of the Library Board.” Adopted; (19-377C) Resolution No. 15551, “Reappointing Joyce McConeghey as a Member of the Library Board.” Adopted; (19-377D) Resolution No.15552, “Appointing Moustafa Aly as a Member of the Social Services Human Relations Board.” Adopted; (19-377E) Resolution No.15553, “Appointing Sarah Lewis as a Member of the Social Services Human Relations Board.” Adopted; and Regular Meeting Alameda City Council June 18, 2019 4 (19-377F) Resolution No.15554, “Appointing Johanna Paillet-Growl as a Member of the Social Service Human Relations Board.” Adopted. Councilmember Oddie moved adoption of the resolutions. Vice Mayor Knox White seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye and Mayor Ezzy Ashcraft: Aye. Ayes: 5. The City Clerk administered the Oath of Office and Mayor Ezzy Ashcraft presented Certificates of appointment to Ms. Hom, Ms. McConeghey, Mr. Aly, Ms. Lewis and Ms. Paillet-Growl. (19-378) Recommendation to Authorize the City Manager to Execute a Memorandum of Understanding with the Alameda Unified School District Concerning a New City of Alameda Aquatic Facility. Accepted. The Interim Acting Assistant City Manager/Recreation and Park Director gave a brief presentation. Councilmember Oddie inquired whether there is a minor typo on page 6 of the Memorandum of Understanding (MOU) to which the Interim Acting Assistant City Manager/Recreation and Park Director responded in the affirmative; stated an adjustment will be made. Councilmember Daysog moved accepting the recommendation; acknowledged Vice Mayor Knox White, Mayor Ezzy Ashcraft and members of the School Board for working rapidly toward the MOU. Mayor Ezzy Ashcraft acknowledged the Interim Acting Assistant City Manager/Recreation and Park Director for her work related to the item, and Vice Mayor Knox White’s work with members of the pool community. Vice Mayor Knox White seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye and Mayor Ezzy Ashcraft: Aye. Ayes: 5. Under discussion, Vice Mayor Knox White expressed gratitude toward the swim community and School Board staff. *** Mayor Ezzy Ashcraft called a recess at 7:40 p.m. to convene the Special Joint Meeting of the City Council and the Successor Agency to the Community Improvement Commission, which adjourned at 8:44 p.m. Mayor Ezzy Ashcraft reconvened the Regular meeting at 8:55 p.m. Regular Meeting Alameda City Council June 18, 2019 5 *** (19-379) Public Hearing to Establish the Proposition 4 (Appropriations) Limit for Fiscal Year 2019-20; and (19-379 A) Resolution No. 15558, “Establishing the Appropriations Limit for Fiscal Year 2019-20.” Adopted. The Finance Director gave a brief presentation. Vice Mayor Knox White moved adoption of the resolution. Councilmember Oddie seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye and Mayor Ezzy Ashcraft: Aye. Ayes: 5. (19-380) Public Hearing to Consider Resolution No. 15559, “Amending Master Fee Resolution No. 12191 to Add and Revise Fees.” Adopted. The Finance Director gave a brief presentation. Mayor Ezzy Ashcraft expressed support for eliminating library late fees; requested further explanation for no longer charging library late fees. The Finance Director outlined the effects of late fees; stated not charging late fees helps keep patrons returning to the library for services. Discussed the Impact Fees litigation; encouraged the City Council to create a new study and start over in the process; stated existing studies are flawed: Tom Roth, Boatworks. Vice Mayor Knox White moved adoption of the resolution. Councilmember Vella seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye and Mayor Ezzy Ashcraft: Aye. Ayes: 5. (19-381) Public Hearing to Consider Collection of Delinquent Integrated Waste Management Accounts Via Property Tax Bills. The Public Works Coordinator gave a brief presentation. Councilmember Oddie inquired whether anyone is contesting the assessment, to which the Public Works Coordinator responded in the negative; stated payment plans are being established for those who need to resolve accounts. Councilmember Daysog moved approval of the staff recommendation. Regular Meeting Alameda City Council June 18, 2019 6 Vice Mayor Knox White seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye and Mayor Ezzy Ashcraft: Aye. Ayes: 5. (19-382) Introduction of Ordinance Authorizing the City Manager to Execute a Fifteen- Year Lease with One Five-Year Option to Extend, Substantially in the Form of the Attached Lease, with Nautilus Data Technologies, Inc. for Building 530, an 82,251- Square Foot Building Located at 120 West Oriskany Avenue, Building 529, a 3,200- Square Foot Building, and Building 600, a 343-Square Foot Building, at Alameda Point. Not introduced. The Assistant Community Development Director gave a brief presentation. Councilmember Daysog inquired whether Alameda Municipal Power (AMP) expects to receive $2.5 or $25 million dollars in revenue from the project. The Assistant Community Development Director responded $25 million at full build -out which is expected within six years. Councilmember Oddie inquired whether AMP will need additional staff to manage the extra workload; requested confirmation that the additional work is equivalent to 40% of AMP’s current operation. The Assistant Community Development Director responded AMP will be able to increase staff over the three to five year period to accommodate operations. The City Manager stated the workload is about 40% of AMP’s current operations. Councilmember Oddie inquired whether the anticipated revenue must deduct expense of hiring additional staff; to which the City Manager responded in the affirmative. Discussed his experience with energy efficiency and marine conservation; stated Nautilus is requesting a lease to go through a vigorous environmental process : Jim Connaughton, Nautilus Data Technologies. Stated that he opposes the lease; expressed concern over putting a five foot pipe below the harbor seal float and not receiving a response from the project proponent: Mark Klein, Alameda Point Harbor Seal Monitors. Expressed concern over the project; stated the State is phasing out use of five foot pipes; outlined entities providing concerns related to the project : Lisa Baker, Harbor Seal Monitor. Expressed concern over the project; stated the technology has been banned for cooling power plants; discussed toxic algae bloom impacts: Lynn O’Connor. Alameda. Regular Meeting Alameda City Council June 18, 2019 7 Asked questions about Nautilus; urged the project be scrutinized: Geoffrey Burnaford, Alameda. Urged the Council to vote against the proposed lease; expre ssed concern over impacts of warmer water; outlined potential effects to wildlife: Linda Carloni, Alameda resident and Golden Gate Audubon Board. Stated that she opposes the lease; discussed effects of water being pulled from the Bay: Birgitt Evans, Alameda. Expressed concern about the power supply and urged Council not to approve the lease ; stated the project is not appropriate for Alameda: Jill Saxty, Alameda. Expressed concern over impacts on marine life and raising the temperature in the Bay; urged Council not to approve the lease: Marjorie Powell, Golden Gate Audubon Society. Discussed the Council’s role in the permitting process and mitigation measures: Richard Bangert, Alameda. Urged Council not to approve the lease; stated there are other cooling systems; outlined an article shared with Council: Pat Lamborn, Alameda. Discussed the dolphin pod which lives in the water discharge area : Mary Spicer, Alameda. Mayor Ezzy Ashcraft stated that she cannot support the project; outlined meetings with Nautilus’ team and a report from San Francisco Baykeeper related to the antiquated approach of once-through cooling; stated there has not been a change to the approach from Nautilus; outlined a letter from Anchor QEA containing outdated data; stated remarks from Mr. Connaughton are related to past projects; there is not sufficient reason to move forward with the project; the project in Stockton is different from the proposed project for Alameda Point; outlined the quality of bay waters affecting marine wildlife; stated Nautilus is not aligned with the values needed at Alameda Point. Councilmember Vella stated a lot of time has been spent looking at this project and potential uses for the building; expressed concern for number of jobs created and environmental issues relative to marine life and the nearby bird sanctuary; expressed gratitude for the speakers voicing concerns; stated that she cannot support the project; expressed concern that the overall impact to marine life is not worth the project continuing. Councilmember Oddie acknowledged the speakers; stated the organizations and members providing comments not in support of the project are groups rarely in agreement with one another; a key priority for Council is to support enhanced livability and quality of life which requires protecting wildlife; rejecting the lease is the best way to Regular Meeting Alameda City Council June 18, 2019 8 avoid adverse environmental impacts; outlined the values in maintaining the wildlife of Alameda Point; stated toxic algae will not go away once it is present; the impact of a five-foot hole; the project will cause long term suffering to citizens and residents by not maximizing Site B in the best economic interests for the site; outlined the impact to AMP. Councilmember Daysog stated the regional and State regulations in pla ce are strong enough to ensure the project does not severely impact the environment; majority of submitted correspondence was not in support of the item; the project proponent has not changed the message over the course of approval; residents’ words of cau tion should be heeded; outlined AMP’s workload and infrastructure needs; residents have clearly spoken that this is not a project for Alameda Point. Vice Mayor Knox White stated that he does not support the item , and moved approval of opposing the staff recommendation. Councilmember Oddie seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5. CITY MANAGER COMMUNICATIONS (19-383) The City Manager made announcements regarding the Alameda County Tobacco Control Coalition award to Council, public Charter meetings, ordinances that are effective as of July 1, including minimum wage and flavored tobacco; stated tickets are on sale for the Mini Makers Faire at Alameda Point. ORAL COMMUNICATIONS, NON-AGENDA None. COUNCIL REFERRALS None. COUNCIL COMMUNICATIONS (19-384) Vice Mayor Knox White made an announcement regarding the Charter workshop; noted the pool subcommittee has been disbanded; outlined issues addressed at the City Council/School Board subcommittee meeting. (19-385) Councilmember Vella announced that she will attend the upcoming lead abatement meeting and the City Council/East Bay Regional Park District subcommittee meeting. Regular Meeting Alameda City Council June 18, 2019 9 (19-386) Councilmember Oddie stated that he is representing the City at the upcoming Tobacco awards; a panel of recycling experts f rom different cities presented including Public Works’ staff. (19-387) Mayor Ezzy Ashcraft made an announcement regarding the League of California Cities Housing Community Economic Development meeting related to State housing funding; an Alameda County Transportation Commission meeting discussing funding for complete streets, cross Alameda trail, Alameda Point bus rapid transit; Central Avenue complete streets, Clement Avenue complete streets and the Alameda Point Seaplane Lagoon ferry terminal. (19-388)Consideration of Mayor’s Nominations for Appointment to the Planning Board, Public Art Commission, Public Utilities Board (PUB), Recreation and Parks Commission, and Social Service Human Relations Board (SSHRB). Mayor Ezzy Ashcraft nominated Hanson Hom and Teresa Ruiz for appointment to the Planning Board; Laura Giuntini for reappointment to the Public Utilities Board (PUB); Tara Navarro for appointment to the Recreation and Parks Commission, and Kristin Furuichi Fong for appointment to the SSHRB. ADJOURNMENT There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 10:10 p.m. Respectfully submitted, Ashley Zieba Deputy City Clerk The agenda for this meeting was posted in accordance with the Sunshine Ordinance.