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2020-07-21 Regular CC MinutesRegular Meeting Alameda City Council January 21, 2020 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- - JULY 21, 2020- -7:00 P.M. Mayor Ezzy Ashcraft convened the meeting at 7:27 p.m. ROLL CALL - Present: Councilmembers Daysog, Knox White, Oddie, Vella, and Mayor Ezzy Ashcraft – 5. [Note: The meeting was conducted via Zoom.] Absent: None. AGENDA CHANGES (20-504) Mayor Ezzy Ashcraft stated that she would like to recess the regular meeting after the water quality hearing [paragraph no. 20-525] and Alameda Family Services presentation [paragraph no. 20-526] to convene the special 7:01 p.m. meeting and discuss the Charter amendment [paragraph no. 20-538]; then address the Appeal [paragraph no. 20-527] on the regular meeting next, followed by the special meeting item renaming Jackson Park [paragraph no. 20-539]. Councilmember Vella expressed support for the agenda changes. Vice Mayor Knox White moved approval of the proposed agenda changes. 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. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS Mayor Ezzy Ashcraft announced that the meeting will be adjourned in memory of Congressman John Lewis; read a quote. ORAL COMMUNICATIONS, NON-AGENDA (20-505) Erin Fraser, Alameda, started to discuss the resolution declaring racism a public health emergency. The City Clerk announced the matter is on the Special 7:02 p.m. Meeting and public comment has been closed. (20-506) Michele Lazaneo, Alameda, discussed the handling of missing person cases by Alameda Police Department (APD) and recommended best standard practices; stated there is a connection between missing person cases and human trafficking; the first 48 hours are crucial in missing person cases; social media is a helpful tool in spreading awareness of missing persons; outlined APD missing person protocols; urged Regular Meeting Alameda City Council July 21, 2020 2 Council to update protocols and identify every missing person case as deserving of a public alert. (20-507) Kevyn Lauren, Alameda, discussed missing person cases; stated awareness is needed to keep everyone safe in Alameda. In response to Mayor Ezzy Ashcraft’s request, the City Manager stated an active investigation is still occurring; the Police worked extensively with the family; staff will take comments into consideration. Mayor Ezzy Ashcraft noted the Police did not receive a report within the first 24 hours; a press release has been issued by the City and the East Bay Regional Park District. CONSENT CALENDAR Councilmember Oddie moved approval of the Consent Calendar. 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. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] (*20-508) Minutes of the Special and Regular Meetings Held on June 16, 2020 and the Special Meeting Held on June 17, 2020. Approved. (*20-509) Ratified bills in the amount of $2,569,831.50. (*20-510) Recommendation to Authorize the City Manager to Execute an Amendment to the Agreement with Management Partners, Inc., in an Amount Not to Exceed $50,000 for a Total Compensation Not to Exceed $100,000, and to Extend the Contract to June 30, 2021, for Financial Services in the Finance Department. Accepted. (*20-511) Recommendation to Authorize the City Manager to Execute Six, Five -Year Agreements, in the Amount of $200,000 Each per Fiscal Year to CSG Consultants, Harrison Engineering, Inc., Nichols Consulting Engineers, Park Engineering, Schaaf & Wheeler, and Wood Rodgers for On-Call Civil Engineering Services for a Total Cumulative Amount Not to Exceed $1,000,000 Each Agreement. Accepted. (*20-512) Recommendation to Authorize the City Manager to Execute an Agreement with McGuire & Hester for Fire Station No. 2 Pavement Improvements Project, No. P.W. 05-20-25 in an Amount Not to Exceed $454,724.60. Accepted. (*20-513) Recommendation to Authorize the City Manager to Execute an Agreement with American Pavement Systems, Inc. for the 2020 Pavement Management, Phase 39, Slurry and Cape Seal Project, No. P.W. 03-20-17, in an Amount Not to Exceed $1,404,150, Including Contingency. Accepted. Regular Meeting Alameda City Council January 21, 2020 3 (*20-514) Recommendation to Authorize the City Manager to Execute a Third Amendment to the Agreement with Earth Island Institute, dba Kids for the Bay for Educational Services for the Alameda Schools, in an Amount Not to Exceed of $54,108, for a Total Cumulative Amount Not to Exceed $118,728. Accepted. (*20-515) Recommendation to Authorize the City Manager to Execute a First Amendment to Agreement with Terraphase Engineering for Marsh Crust Reconnaissance Sampling and Environmental Oversight for Co nstruction of Alameda Point’s Adaptive Reuse Areas Phase 1 and Phase 2, in an Amount Not to Exceed $238,074, for a Total Contract Amount Not to Exceed $312,572. Accepted. (*20-516) Recommendation to Authorize the City Manager to Execute a One -Year Agreement with McGuire and Hester for 2020 Pavement Management, Phase 39, Hot Mix Asphalt Overlay and Base Repair, No. P.W. 05 -20-26, in an Amount Not to Exceed $1,476,225.60, Including Contingency, with the Option of Four One-Year Extensions, for a Total Five-Year Expenditure Not to Exceed $7,682,337.29. Accepted. (*20-517) Recommendation to Authorize the City Manager to Execute a Second Amendment to the Agreement with Stearns, Conrad and Schmidt Engineers Extending the Term of the Agreement by One Year an d Increasing the Compensation by an Amount Not to Exceed $290,000, for Targeted Zero Waste Technical Assistance for Commercial Businesses and Multi-Family Accounts, for an Aggregate Amount Not to Exceed $734,978. Accepted. (*20-518) Recommendation to Authorize the City Manager to Execute a First Amendment to the Agreement with GS Management Company, for Management of the Public Special Benefit Work in City of Alameda Island City Landscape and Lighting District 84-2 Zone 6 – Marina Village, to Extend the Term for Four Additional Years and Increase Compensation by $255,362, for a Cumulative Amount Not to Exceed $309,362. Accepted. (*20-519) Recommendation to Authorize the Mayor to Sign Letters of Support for State Legislation on Police Reforms. Accepted. (*20-520) Resolution No. 15676 Amending the Fiscal Year 2020-21 Transportation Planning Division Fund Revenue and Expenditures Budget by $88,000 to Accept and Allocate the Bay Area Air Quality Management District’s Vehicle Trip Reduction Grant for Electronic Bicycle Lockers, and Allocate $60,400 in Local Measure B/BB Bicycle and Pedestrian Funds for the Required Matching Funds Mandated by the Grant .” Adopted; and (*20-520A) Recommendation to Authorize the City Manager to Issue a Purchase Order with eLock Technologies for $145,400. Accepted. (*20-521) Resolution No. 15677, “Authorizing the City Manager to Utilize up to $1.605 Million in the Capital Projects Seaplane Lagoon Ferry Terminal Project for the Seaplane Regular Meeting Alameda City Council July 21, 2020 4 Lagoon Ferry Terminal Project and Reversing Back Any Remaining Funds to the Base Reuse and Tideland Trust Budgets in the Proportion Originally Allocated to the Project .” Adopted; and (*20-521A) Recommendation to Authorize the City Manager to Execute a Second Amendment to Agreement with Ghirardelli Associates to Increase the Compensation by an Amount Not to Exceed $104,287 for a Total Contract Amount of $749,423 for Construction Management Services for the Seaplane Lagoon Ferry Terminal Project at Alameda Point. Accepted. (*20-522) Resolution No. 15678, “Authorizing Continued Participation in the Alameda County HOME Consortium for HOME Funds and Authorizing Execution of the Necessary Documents to Maintain the Eligibility of the Consortium for HOME Program Funds in Accordance with the National Affordable Housing Act of 1990.” Adopted; and (*20-522A) Recommendation to Authorize the City Manager to Take All Necessary Actions to Carry Out the City of Alameda's Participation in the Alameda County HOME Consortium. Accepted. (*20-523) Resolution No. 15679, “Approving a Budget Amendment to Reappropriate Vehicle Purchase Funds from Fiscal Year 2019-20 to Fiscal Year 2020-21.” Adopted. (*20-524) Resolution No. 15680, “Approving the Engineer's Report, Confirming Diagram and Assessment, and Ordering the Levy of Assessments For Maintenance Assessment District 01-1 (Marina Cove).” Adopted. REGULAR AGENDA ITEMS (20-525) Public Hearing to Consider the Collecting of the Water Quality and Flood Protection Fees on the Property Tax Bills; and (20-525A) Resolution No. 15681, “Finding [No] Majority Protest, Directing the Collection of Fees on the Property Tax Bills for Fiscal Year 2020 -21 at the Rates Approved by Property Owners.” Adopted. The Public Works Coordinator gave a brief presentation. Melanie Guillory-Lee, SCI Consulting, gave a Power Point presentation. Vice Mayor Knox White moved approval of staff recommendation , including 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. (20-526) Recommendation to Accept Alameda Family Services Presentation Summarizing Activities Performed Under its One-Year Contract for Student Mental Health Services. Regular Meeting Alameda City Council January 21, 2020 5 The Development Manager gave a brief presentation. Kale Jenks, Alameda Family Services, gave a Power Point presentation. Vice Mayor Knox White expressed support for the program. Mayor Ezzy Ashcraft inquired what considerations have been made by Alameda Family Services (AFS) for providing services when school begins in August. Mr. Jenks responded distance learning has solidified the approach for AFS services; stated services will roll out as normal with referrals coming directly from the School District; group services pose some difficulties during COVID -19; AFS is confident support provided will continue. Councilmember Oddie expressed support for AFS; moved approval of accepting the presentation. Councilmember Vella seconded the motion. Under discussion, Councilmember Vella stated AFS provides services which help prevent additional services from being needed in the future; the matter is critical in light of changes relative to the pandemic; expressed support for early childhood centers. Councilmember Daysog expressed support for the School Board; discussed a meeting with the Social Services Human Relations Board (SSHRB). On the call for the question, the motion carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5. *** Mayor Ezzy Ashcraft called a recess at 8:06 p.m. and reconvened the meeting at 8:14 p.m. *** (20-527) Public Hearing to Consider an Appeal of the Planning Board’s Decision to Approve Design Review No. PLN20-0047 to Allow the Rehabilitation of an Approximately 50,517 Square Foot Existing Building for Adaptive Reuse as a Senior Living Convalescent Home at 1245 McKay Avenue; and (20-527A) Resolution No. 15683, “Denying the Appeal and Approving Design Review Application No. PLN20-0047 to Allow the Rehabilitation of an Approximately 50,517 Square Foot Existing Building for Adaptive Reuse as a Senior Living Convalescent Home at 1245 McKay Avenue.” Adopted. The Planning, Building and Transportation Director gave a brief presentation. Regular Meeting Alameda City Council July 21, 2020 6 In response to Mayor Ezzy Ashcraft’s inquiry, the City Attorney stated the Planning, Building and Transportation Director will provide a brief summary of the letter submitted as part of the record, which may be considered by Council. The Assistant City Attorney stated Council has full discretion to continue; consideration of the late letter is appropriate and can be weighed in the decision. The Planning, Building and Transportation Director and Assistant City Attorney continued the presentation. The Planning, Building and Transportation Director concluded the presentation; stated the appellant and applicant traditionally receive a five minute speaking time. Vice Mayor Knox White moved approval of allowing the appellant and applicant a speaking time of five minutes. Councilmember Oddie seconded the motion. On the call for the question, the motion carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5. Stated that he disagrees with staff; noted staff must present documents to be enforced prior to City Council approval; stated Council has given power to staff and Boards to approve ordinances and enforcement; should someone not meet the Design Review standards, plans will not be approved; appointed Boards cannot make laws; noted that he is not against the project; stated that he would like to see the project go through as voted: a convalescent hospital, a hospice, and a medical clinic; permanent supportive housing is not zoned for the area; urged Council to postpone the hearing until the vote on Measure A; noted that he has not discussed the project site as a Historical Monument; stated the penalty phase for not meeting designations is a time period of five years; Alameda Point Collaborative (APC) may not receive funds from agencies; urged Council proceed through the proper process; expressed concern about application details; questioned funding: John Healy, Project Appellant. Noted Planning Department staff met the criteria laid out by Section 30 -37 of the Alameda Municipal Code; stated there will be multiple Design Review opportunities; the appellant’s application provides no justification or grounds for the appeal; urged Council to reject the appeal; stated APC is working hard to alleviate the immense suffering of sick, and dying people on the streets of Alameda County; noted five homeless individuals have died since the appeal process; stated APC has a location and project plan ready; the current health crisis has highlighted the need to shelter and care for medically vulnerable individuals; community members, staff, and the Planning Board have spoken; urged Council to deny the attempts at stopping needed services for members of the community: Doug Biggs, Applicant. Regular Meeting Alameda City Council January 21, 2020 7 Councilmember Daysog inquired whether Mr. Healy’s contention relates to the matter not going through the Historical Advisory Board (HAB) for guidance. Mr. Healy responded in the affirmative; stated the design should have been presented before the HAB for approval to ensure Alameda Municipal Code requirements are met. The Planning, Building and Transportation Director stated the Municipal Code speaks to the matter specifically; 30% of the building must be demolished to trigger HAB review; the project exterior changes do not represent or trigger the threshold. Councilmember Vella inquired whether Mr. Healy is the new attorney [for Friends of Crab Cove]. Mr. Healy responded in the negative; stated that he is not against homeless; expressed support for following the correct process. Councilmember Daysog stated that he would like the specific Municipal Code Section provided which indicates the 30% trigger. The Planning, Building and Transportation Director stated the language is found in the Historic Preservation ordinance. Comments read into the record: Stated campaign mailers asserted the Wellness Center would get homeless off the streets; no housing is being planned at the site; voters were deceived; toxic remediation of the site has not begun; discussed a 2018 homelessness study conducted by Urban Institute; stated the communal nature of the facility poses risks : Harvey Rosenthal, Alameda. Stated proposed modifications to a building with an S designation need to be presented to the HAB; without necessary historic review, the City has no jurisdiction to approve the design; Council cannot endorse the decision to approve the design; noted the site is on the Alameda Historic Study List: Jim Edwards, Alameda. Additional comment via Zoom: Stated World War II ended 75 years ago; the buildings have been sitting vacant for a long time; there are many thousands of homeless people in Alameda County and some are elderly and in need of convalescent care; questioned what is being done with the available resources to help the community at this time: Josh Geyer, Alameda. Mayor Ezzy Ashcraft noted the site is not City property, but is located within City limits. Regular Meeting Alameda City Council July 21, 2020 8 Vice Mayor Knox White moved approval of denying the appeal and upholding the Planning Board’s decision. Councilmember Oddie seconded the motion. Under discussion, Vice Mayor Knox White stated there is a clear lack of understanding for Design Review; staff has a significantly positive track-record in defending appeal decisions; this is not a design review discussion; the voters approved the project; the project has followed the appropriate process and approvals; noted the Planning Board denied the appeal; expressed support for moving forward. Councilmember Oddie stated the ballot measure confirmed the zoning change and did not approve design or use of the property; the competing measure intended to reject a petition submitted by residents to re-zone the site in a different manner; the purpose of the election was to litigate the petition in front of the voters; there is nothing more fitting than to re-use a building to assist veterans that have served the Country; expressed concern about delay of the matter due to COVID-19; stated the staff report noted litigation in court over the Historical Resource and Study List; that he does not know if Council has the authority to overrule the Court decision. Councilmember Daysog outlined Municipal Code Section 13-21.5 on procedures for reservation of Historical and Cultural Monuments; stated the building is not being demolished; inquired whether the building is being altered and why the City is not following the strict language interpretation. The Assistant City Attorney responded Section 13-21.5 refers to structures which have been designated a Historical Monument; stated the building is not a Historic Monument and has not been placed on the list; noted the applicable Municipal Code Section is Section 13-21.7; the definition of demolished is found under Section 13-21.2; stated staff has concluded HAB review is not required; the Court has addressed and expressly rejected similar issues; the building is listed on the Historic Building Study List, but is not a historic resource under California Environmental Quality Act (CEQA). Councilmember Daysog inquired whether staff is using Section 13-21.7a to indicate removal does not occur; questioned whether any part of the structure will be removed. The Planning, Building and Transportation Director responded the site is on the Study List and is not a Monument; stated the Code requires going to the HAB should a building be demolished to ensure the building is not a historic resource; noted the definition of demolition under the Code is 30%; stated should windows or siding be changed on a Study List property, which does not represent a 30% demolition, there is no requirement to bring the project to the HAB. Mayor Ezzy Ashcraft inquired whether the project is an adaptive reuse project and i s not removing 30% or more. Regular Meeting Alameda City Council January 21, 2020 9 The Planning, Building and Transportation Director responded in the affirmative; stated the Building Department makes a determination about whether the changes to the building represent a 30% demolition; should a project not meet the threshold, it does not go to the HAB. Councilmember Daysog outlined the definition of removal within Section 30-21.2; inquired how the 30% trigger applies to the term removal. The Planning, Building and Transportation Director responded no project actions represent removal; stated there are no designated plaques, trees and the building is not being removed; the building is being re-sided and new windows will be installed. Councilmember Vella stated there is a good understanding of which items s hould come before the HAB; the standards are used and adhered to when appropriate; outlined her time serving on the HAB; stated adaptive reuse allows buildings to be re-usable; in some cases, buildings were erected for purposes which have no current use or application; at times, materials used were readily available or used as reinforcement; expressed concern about discussing the beauty and appearance of a building which is subjective; stated the City has standards related to building materials , which are adhered to; noted project safety is top priority; stated staff has responded consistently. Mayor Ezzy Ashcraft noted that she has studied the dilemma of homelessness in the State; stated homelessness is a growing concern and has not diminished during COVID-19; a significant portion of homeless individuals are veterans; the project is an exciting opportunity and is adaptive reuse; the project should unite the community. Councilmember Daysog stated Mr. Healy has made a compelling argument for the necessity of going through one more public review of the project involving the HAB; the argument is compelling in part due to the definitions within AMC Section 13-21.7a; outlined the definitions of removal and structural alteration in Section 13-21.2; expressed support for the project being sent to the HAB; stated this is a matter of the project being a case for HAB review and decision. On the call for the question, the motion carried by the following roll call vote: Councilmembers Daysog: No; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 4. Noes: 1. *** Mayor Ezzy Ashcraft called a recess at 9:13 p.m. and reconvened the meeting at 10:20 p.m. *** (20-528) Introduction of Ordinance Authorizing the City Manager or Designee to Execute an Amendment to the Lease with Williams-Sonoma, Inc., a Delaware Corporation, Acting for and on Behalf of Williams-Sonoma Stores, Inc., a California Corporation, for Building 169, Suite 102, Located 1680 Viking Street at Alameda Point, Regular Meeting Alameda City Council July 21, 2020 10 Extending the Term for an Additional 12 Months with One 12-Month Extension Option, Removing Overflow Parking from the Leased Premises, and Providing One (1) Month of Rent Abatement. Introduced. The Assistant Community Development Director gave a brief presentation. Councilmember Oddie inquired whether the tenant will be eligible for other commercial tenant rent abatement. The Assistant Community Development Director responded all tenants have been notified of the programs offered by the City; noted Williams -Sonoma has only requested one month of rent abatement. Councilmember Oddie moved introduction of the ordinance. Councilmember Daysog 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. (20-529) Introduction of an Uncodified Ordinance Amending Uncodified Ordinance No. 3275 to Extend the Time that Tenants Must Pay “Deferred Rent” from 210 Days to 395 Days Following the City Council’s Rescission of the Local Emergency. Introduced. The Community Development Director gave a brief presentation. Councilmember Oddie inquired whether the extension of time yields a lump sum due by day 395, not thirteen equal payments of deferred rent. The Community Development Director responded in the affirmative; stated deferred rent payments can be paid when possible; non-payment cannot result in eviction during the time period; an unlawful detainer may be served should current rent not be paid by the end of the time period; the ordinance serves as a defense should an unlawful detainer be served to a tenant. In response to Councilmember Oddie’s inquiry, the Community Development Director stated tenants have thirteen months to pay the total amount due over the p eriod of time. Councilmember Vella noted that she has received correspondence which states the City ordinance is not necessarily in line with the County ordinance; inquired which ordinance applies in the event one is more stringent and offers more protec tions than the other. The Community Development Director responded the proposed changes to the City ordinance being presented are closer in consistency with the County; stated the City has an additional 30 days over the County. Regular Meeting Alameda City Council January 21, 2020 11 The City Attorney stated the County does not have the authority to regulate within an incorporated City; ordinances adopted by the County do not apply within Alameda. Councilmember Vella inquired how information is being provided and whether it is being provided in multiple languages. The Community Development Director responded the tenant and small business page on the City’s website has been updated with implementing regulations and all tenant protection ordinances; noted the information has not been p rovided in other languages to date; the paralegal in the City Attorney’s office has been fielding questions about the rent freeze and moratorium; stated staff, the rent program and Centro Legal are providing information and regulations. Vice Mayor Knox White inquired whether there is information about how many people are deferring rent and the impacts. The Community Development Director responded that she has met with the Bay East Realtors’ Local Government Relations Committee and roughly 70 to 75% of tenants have been paying rent in-full; noted the rent relief program is launching this week and will also be promoted as a resource and asset; it appears more than the majority of tenants are paying rent; stated those with challenges are able to find assistance. In response to Councilmember Daysog’s inquiry, the Community Development Director stated tenants are encouraged to enter into a payback arrangement with their landlord ; however, it is not a requirement in order to receive benefits. Councilmember Oddie inquired whether there is a breach of contract or lease, should an agreement be made and the repayment not occur. The Community Development Director responded the ordinance, as proposed, states tenants cannot be evicted for nonpayment of any deferred rent over the thirte en month period; stated tenants will need to be current on rent , but any deferred rent cannot yield eviction. Councilmember Oddie outlined a possible payment agreement; inquired whether failure to abide by the agreement will result in eviction; expressed concern about side agreements which cannot be complied with resulting in eviction where the agreement trumps the ordinance. The Community Development Director stated the ordinance does not require an agreement. The City Attorney stated the breach depends on nature and drafting of the agreement; the matter is highly unusual and difficult to predict what a court could ultimately conclude; staff believes the breach will likely result in a breach of contract ; however, it is difficult to conclusively say without further detail; noted agreements will likely be private Regular Meeting Alameda City Council July 21, 2020 12 without any input from the City and, therefore, will be contractual and not subject to unlawful detainer. Councilmember Oddie expressed concern about agreements being substituted for leases; noted there is unequal bargaining power between landlords and tenants; outlined a tenant being subject to eviction. The City Attorney stated the landlord cannot require a tenant to enter into an agreement; noted the agreement must be made voluntarily; sho uld a landlord require such agreement, the requirement would violate the fair housing law. Expressed support for the extension of repayment; stated this action is a necessary component of the recent declaration of racism as a public health emergency give n the disproportionate impact of COVID-19 on communities of Color due to systemic racism in terms of work, health and housing; many renters are confused about their rights under the various ordinances; urged greater effort be made to inform tenants of lega l rights and resources available; outlined communication difficulties; urged a mailing be sent out in multiple languages and no agreement be encouraged: Catherine Pauling, Alameda Renters Coalition. Discussed experience staffing a tenant-landlord counseling line; stated phones lines are flooded with calls from those unable to pay rent; noted leases are being broken; paying debt is quickly becoming overwhelming: Jennifer Rakowski, Alameda. Urged Council to vote yes on the extension of the repayment period ; stated the need for tenants to have protections is growing; urged Council to consider the strategy of translating the unpaid rent into consumer debt as adopt ed by other cities and counties: Grover Wehman-Brown, East Bay Housing Organization (EBHO). Expressed support for the matter; discussed experience as a renter and artist in Alameda; stated showing compassion to residents is important; urged Council to vote yes: Kevyn Lauren, Alameda. Urged Council to vote yes on the extension; stated it is impor tant to protect renters: Alexia Arocha, Alameda. Comment read into the record: Stated property owners are not the bankers of tenants; stated it is up to the City to pay rents through subsidized payments: Rosalinda Corvi, Alameda. Councilmember Oddie moved introduction of the ordinance, giving direction to staff to return with an ordinance which will allow the City to treat any side agreements and unpaid rent as consumer debt. Regular Meeting Alameda City Council January 21, 2020 13 Councilmember Oddie noted there are five months of potential unpaid rent; stated the worst is yet to come and another five months is possible; there will be tenants with double rent to payback; expressed concern about evictions due to COVID-19; outlined failed and unpassed bills. Councilmember Vella seconded the motion. Under discussion, Mayor Ezzy Ashcraft stated that she would like a clearer understanding of treating unpaid rent as consumer debt; inquired whether the departure is significant enough to have the ordinance return to Council; requested clarification. Councilmember Oddie stated that the motion is to have staff return with an ordinance covering the conversion to consumer debt. The Community Development Director stated the City Attorney has previously noted the conversion is not advisable. The City Attorney stated staff is happy to look at ways to review side agreements and provide as much protection to tenants as possible; staff strives to effectuate Council direction; there are concerns related to conversion of debt to consumer debt notwithstanding other jurisdictions having done so; concerns aside, staff is prepared to receive and effectuate direction from Council. Councilmember Vella expressed support for providing the direction; stated that she does not want to change the current ordinance; the current ordi nance should be enacted with as much notice as possible; passing protections without notifying the most vulnerable of their rights is ineffective; discussed articles related to rental evictions; stated during the pandemic, a number of protections have been passed, including a moratorium on evictions; expressed concern about people not knowing their rights; stated both residential and commercial tenants do not understand their rights; notice needs to be provided about protections and in multiple languages; e xpressed support for mailings and postings in apartment buildings; expressed concern for vulnerable members of the community who are not leaving their home, are at risk and do not have access to the internet to see online postings; updates are becoming wor d-of-mouth; outlined noticing efforts enacted by the City of San Leandro; stated this is an opportunity for the City to ensure the protections are having the intended effect. Councilmember Oddie stated that he is amenable to updating his motion to includ e noticing provisions; questioned whether the proposal provided by Councilmember Vella is acceptable or whether additional input from staff is needed; expressed support for the option which is most effective and appropriate. The City Manager stated Council can add direction to the motion allowing staff to create and implement a communication plan with a report back to Council; noted the Council break in August will allow staff the time to provide notice. Regular Meeting Alameda City Council July 21, 2020 14 Mayor Ezzy Ashcraft inquired whether the proposed language is accepted. Councilmember Oddie responded in the affirmative; noted there is a second reading of the ordinance; stated the sooner the better. The Community Development Director stated staff suggests sending materials out after second reading of the ordinance; staff will prepare materials in time. *** (20-530) Vice Mayor Knox White moved approval of considering the remaining agenda items and continuing the meeting until 12:00 a.m. 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. *** The Community Development Director stated more direction would be helpful; inquired whether Council is requesting staff to return with an ordinance dealing with side agreements and consumer debt or should staff analyze the options and return to Council. Councilmember Daysog stated homeowners and renters are struggling through the pandemic; census data notes renters are vulnerable; it is incumbent on Council to help out tenants and renters; there is reasonable effort in assisting renters and landlords; the City is amortizing rent over thirteen months; expressed support for the matter; stated the ordinance did not originally have a payback option; the current modification is reasonable; noted that he does not know about the consumer debt issue; expressed support for the extension of the repayment period; stated renters need to know Council is on their side. Vice Mayor Knox White inquired whether the ordinance would pass September 1st. The Community Development Director responded in the affirmative; stated the ordinance does not take effect for 30-days following the second reading; there are significant protections in the existing ordinance which allow for a routine versus emergency ordinance. Vice Mayor Knox White expressed support for multi-lingual and robust informational materials; stated it would be helpful for a presentation to help landlords of tenants unable to pay rent; noted that he is not interested in supporting large corporate entities , but landlords of one to two units; stated that he would like to know what kind of aid is available at the State and federal levels; the City does have a large reserve , which can be used to help landlords by helping tenants unable to pay rent; expressed support for looking ahead. Regular Meeting Alameda City Council January 21, 2020 15 Mayor Ezzy Ashcraft stated it would be helpful to know how much renters have been assisted by City programs; the ordinance is necessary; the timeline is unknown; compliance with COVID guidelines is key; people have not been able to go back to work and are stressed; the ordinance is thoughtful; Council needs to ensure information is provided in multiple languages. On the call for the question, the motion carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5. (20-531) Recommendation to Authorize the City Attorney or Designee to Consent to Law Firm Goldfarb Lipman’s Request to Waive Conflicts of Interest in Connection with Goldfarb’s Legal Representation of the City of Alameda on City Transactions and the County of Alameda on the Rosefield Village Affordable Housing Project Transaction; and Recommendation to Delegate Authority to the City Attorney or Designee to Consent, Modify or Reject Future Requests from Goldfarb to Waive Conflicts of Interest In Connection with Goldfarb’s Legal Representation of the City of Alameda on City Transactions and the County of Alameda on Future Affordable Housing Transactions Involving County of Alameda A-1 Funds or Comparable County Funds. Councilmember Oddie inquired whether the future delegation is only related to the County, to which the City Attorney responded in the affirmative. Councilmember Oddie moved approval of the staff recommendation. 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. CITY MANAGER COMMUNICATIONS (20-532) The City Manager announced COVID testing provided by City Health Urgent Care would begin tomorrow pending a logistical issue at the Research Park on Wind River Way; discussed encampments on Caltrans property. ORAL COMMUNICATIONS, NON-AGENDA (20-533) Beth Kenny, Alameda, announced the 30 th anniversary of the Americans with Disabilities Act (ADA); stated it is remarkable how much more accessible the Country has become since ADA passage; more work needs to be done to allow a society which is fully inclusive of people with disabilities. (20-534) Nairobi Taylor, Youth Activists of Alameda, stated it is crucial for Council to assist in changing the racist ways of Alameda; discussed statistics of chil dbirth deaths in comparison of Black and W hite women. Regular Meeting Alameda City Council July 21, 2020 16 COUNCIL REFERRALS None. COUNCIL COMMUNICATIONS (20-535) Councilmember Daysog made an announcement regarding the Airport Noise Forum meeting; stated Walt Jacobs has been designated co-chair. (20-536) Vice Mayor Knox White made an announcement regarding the AC Transit Inter-Agency Liaison Committee meeting; stated there will be major cuts and Alameda will be affected. Mayor Ezzy Ashcraft stated AC Transit schedules have been significantly impacted; AC Transit serves the Bay Area well; outlined transit changes due to COVID-19. (20-537) Designation of Voting Delegates and Alternates for the League of California Cities Annual Conference. The City Clerk announced Mayor Ezzy Ashcraft is currently the representative with Councilmember Vella serving as alternate. Councilmember Oddie moved approval of designating Mayor Ezzy Ashcraft as the representative and Councilmember Vella as the alternate. Vice Mayor Knox White seconded the motion; inquired whether Council can vote on an item under Council Communications. The City Clerk responded the matter is always placed under Council Communications. On the call for the question, the motion carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5. ADJOURNMENT There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 11:19 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Sunshine Ordinance.