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2020-12-15 Special CC Minutes Special Meeting Alameda City Council December 15, 2020 1 MINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY- - DECEMBER 15, 2020- -6:00 P.M. Mayor Ezzy Ashcraft convened the meeting at 6:03 p.m. Councilmember Oddie led the Pledge of Allegiance. ROLL CALL - Present: Councilmembers Daysog, Knox White, Oddie, Vella, and Mayor Ezzy Ashcraft – 5. [Note: The meeting was conducted via Zoom.] Absent: None. SPECIAL ORDERS OF THE DAY (20-765) Mayor Ezzy Ashcraft read a Proclamation declaring December 15, 2020 as Michael Roush day. Mr. Roush made brief comments. ORAL COMMUNICATIONS, NON-AGENDA None. CONSENT CALENDAR Councilmember Daysog 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.] (*20-766) Minutes of the Regular City Council Meeting Held on November 17, 2020. Approved. (*20-767) Ratified bills in the amount of $2,163,440.44. (*20-768) Update on the Smart City Initiatives in the Information Technology Strategic Plan and Related City Council Referral; and Recommendation to Authorize the City Manager to Execute a Service Provider Agreement with Iteris for a Total Aggregate Compensation Not to Exceed $120,000, Including Contingencies, to Develop the Smart City Master Plan and to Seek Additional Grant Funding. Accepted. (*20-769) Recommendation to Authorize the Purchase of a Pier, Gangway and Floating Dock for the Grand Street Boat Ramp Replacement Project in an Amount Not to Exceed $99,307 from Topper Industries, Inc. Accepted. (*20-770) Recommendation to Authorize the City Manager to: A) Execute an Amendment to the Agreement with Oregon Romtec, Inc. for the Krusi Park Recreation Center Replacement Project in an Amount Not to Exceed $27,998, Consistent with Prior Budget Approval, for a Total Not to Exceed Expenditure of $998,611; and B) Accept the Work of Oregon Romtec, Inc., DV Electric Special Meeting Alameda City Council December 15, 2020 2 Company, Ecast Engineering, Intelli-Tech and Silver & Black Telecom for the Krusi Park Renovations, No. P.W. 05-16-10. Accepted. (*20-771) Recommendation to Accept the Work of Innovative Construction Solutions for the Alameda South Shore Lagoons 3 and 5 Dredging Project, No. P.W. 09-19-49. Accepted. (*20-772) Resolution No. 15730, “Declaring Canvass of Returns and Results of the Consolidated General Municipal Election Held on Tuesday, November 3, 2020.” Adopted. (*20-773) Ordinance No. 3292, “Authorizing the City Manager to Execute Lease Amendments for Rent Relief Program with Alameda Point Beverage Group, Auctions By the Bay, Building 43 & Associates, Faction Brewing, Group Delphi, Proximo Spirits, Saildrone and USS Hornet Air & Space Museum via the Non-Profit Spirits Alley Program for Rent Relief in Response to the Covid-19 Pandemic.” Finally passed. REGULAR AGENDA ITEMS (20-774) Introduction of Ordinance Authorizing the City Manager to Execute Lease Amendments for Rent Relief Program with Pacific Pinball Museum and Wonky Kitchen via the Non-Profit Spirits Alley Program for Rent Relief in Response to the Covid-19 Pandemic. Introduced. Councilmember Daysog recused himself and left the meeting. The Assistant Community Development Director gave a brief presentation. In response to Mayor Ezzy Ashcraft’s inquiry, the Assistant Community Development Director stated the fund balance is pretty healthy and can absorb the program, as well as the loan conversion program that the Council approved in October; the appropriations Council made for both programs can be made while keeping operations at the same level. The City Manager stated that he is concerned about future lease revenue due to the stress on businesses; the program is trying to help stabilize the businesses, which will hopefully help the City in the long term; lease revenue will be monitored going forward. The Interim Community Development Director noted language was added regarding COVID compliance. Mayor Ezzy Ashcraft stated that she requested the language and feels firmly about it; business and residents are suffering because of COVID-19; discussed vaccinations; stated everyone needs to adhere to the Public Health Officers guidelines; expressed support for COVID compliance language. Vice Mayor Knox White moved introduction of the ordinance. Councilmember Vella seconded the motion. Under discussion, Councilmember Vella stated the item is very similar to an item at the last meeting; it is on the agenda to approve the additional tenants. Special Meeting Alameda City Council December 15, 2020 3 On the call for the question, the motion carried by the following roll call vote: Councilmembers Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 4. [Absent: Councilmember Daysog – 1.] (20-775) Ordinance No. 3293, “Urgency Ordinance Amending in Part Uncodified Ordinance No. 3275 and Imposing and Extending within the City of Alameda a Temporary Moratorium on Rent Increases for Fully Regulated Residential Rental Units until June 30, 2021.” Adopted; and (20-775 A) Recommendation to Provide Direction to Staff to Explore Additional Opportunities to Further Provide Assistance to Landlords, Especially Small Operators, Impacted by COVID-19. The Community Development Program Manager gave a Power Point presentation. Councilmember Oddie inquired whether it is fair to say unemployed tenants also have financial impacts, to which the Community Development Program Manager responded the statement is fair. In response to Councilmember Daysog’s inquiry regarding the annual increases, the Chief Assistant City Attorney stated a landlord who has not imposed the 2.8% increase from 2019 could increase by 3.8%; the regulation has been drafted to allow the landlord to increase again by the amount established in April 2021. Councilmember Daysog inquired why the June 30th date was selected and whether the date could be April 2021. The Community Development Program Manager responded not every adult over 18 is expected to get the vaccine prior to June. In response to Councilmember Oddie’s inquiry, the Chief Assistant City Attorney stated a landlord who did not raise rent prior to the moratorium would be entitled to raise the rent by 3.8%, which includes the additional 1% for 2020. Councilmember Oddie expressed concern about landlords not doing an annual increase prior to COVID and the moratorium being able to still impose the increase seems like double dipping. The Chief Assistant City Attorney stated the landlord does not have to impose an annual increase; the amount could be banked. Councilmember Oddie inquired whether the amount banked can only be increased on the anniversary date, to which the Chief Assistant City Attorney responded the landlord is not prohibited from imposing the additional 2020 1% increase at the anniversary date. Urged Council to extend the moratorium; expressed appreciation for Council protecting tenants and landlords: Cheri Johansen, Alameda Progressives. Stated the Alameda Renters Coalition (ARC) supports extending the moratorium; renters need help; urged approval: Toni Grimm, ARC. Urged extension of the moratorium; stated tenants are concerned about being able to pay rent; Special Meeting Alameda City Council December 15, 2020 4 discussed a notice regarding increases which confused tenants: Laura Woodard, ARC. Councilmember Oddie moved approval of the urgency ordinance imposing and extending within the City of Alameda a temporary moratorium on rent increases for fully regulated residential rental units until June 30, 2021. Mayor Ezzy Ashcraft inquired whether the motion includes the direction to staff to explore additional opportunities to further provide assistance to landlords, especially small operators, impacted by COVID-19. Councilmember Oddie responded that he would let somebody else make said motion. Councilmember Daysog seconded the motion. Under discussion, Councilmember Vella stated there is a degree of uncertainty on both sides; suggested considering waiving the program fee for landlords with tenants unable to pay rent; stated that she is concerned about the letters that went out; many people are unable to pay rent right now and might be sidestepping the program; she is open to giving direction to staff; helping landlords with fewer units also helps tenants; the City is trying the alleviate the stress; expressed concern for landlords contemplating an increase while tenants are trying to pay back rent; direction to staff should include considering an extension to banking increases, so landlords do not feel they have to impose the 2019 increase right away in order not to lose it; stated the goal is preventing displacement; there are many families in need and signing up for supportive services; the City should be proactive and creative to alleviate the stress and work collaboratively. Mayor Ezzy Ashcraft concurred with Councilmember Vella; stated the June date is reasonable; discussed the vaccine; stated the moratorium needs to be extended; the City does not want small landlords to lose their properties; encouraged staff to continue working with landlords in coming up with practical solutions to help renters. Vice Mayor Knox White expressed support for continuing the moratorium; questioned whether the Council might want to consider having a date connected to when the State of Emergency is rescinded; stated impacts will continue; the date could be set 30 or 60 days after rescinding the State of Emergency; expressed support for allowing a year to implement increases. The Interim Community Development Director stated the idea is interesting; inquired whether the duration could be modified. The Chief Assistant City Attorney responded the ordinance could tie termination to the local emergency, however, staff would need to come back to deal with the rolling rent increase concept; stated the ordinance could be amended tonight regarding the termination date. Mayor Ezzy Ashcraft suggested the language state the moratorium conclude by June 30, 2021 or the conclusion of the State of Emergency, whichever is later; concurred with Vice Mayor Knox White; discussed the rollout of the vaccine. Councilmember Vella expressed support for the Mayor’s proposed language; inquired whether with the language change proposed, the motion could be amended to add direction to look at Special Meeting Alameda City Council December 15, 2020 5 various relief items; stated one of the relief item remedies for staff to review would be the rolling period for rent increases. Councilmember Oddie stated the Vice Mayor proposed 60 or 90 days after the termination of the emergency; the language proposed by the Mayor seems to terminate at the end of the State of Emergency. Mayor Ezzy Ashcraft discussed reopening the economy; language 30 days past the declared local State of Emergency; questioned the Council already adopting something else for 30 days after. Councilmember Oddie responded it was included in the rent deferral program; stated the he is happy to rephrase the motion. Councilmember Oddie amended the motion to approval of including both: adopt the staff recommendation, including the moratorium and the direction to explore additional opportunities; the moratorium would be until June 2021 or 60 days following the termination of the local emergency, whichever is later. Councilmember Daysog stated that he is happy to continue to second the amended motion; great ideas came out about assisting smaller landlords, which would be great; the deadline will not really be June 30th because 60 days prior is April 30th; he does not think the emergency will be lifted by April 30th; including June 30th does not hurt. Mayor Ezzy Ashcraft stated that she does not know how long the State of Emergency will last; she is happy to include the date and the end of the order. 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 (20-776) There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 7:05 p.m. in memory of Doctor Jeptha Boone. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Sunshine Ordinance.