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2021-02-02 Special Continued -1-19 CC MinutesContinued January 19, 2021 Meeting Alameda City Council February 2, 2021 1 MINUTES OF THE CONTINUED JANAURY 19, 2021 CITY COUNCIL MEETING TUESDAY- -FEBRUARY 2, 2021- - 6:59 P.M. Mayor Ezzy Ashcraft convened the meeting at 7:10 p.m. ROLL CALL - Present: Councilmembers Daysog, Herrera Spencer, Knox White, Vella and Mayor Ezzy Ashcraft – 5. [Note: The meeting was held via Zoom.] Absent: None. CONTINUED AGENDA ITEM (21-061) Resolution No. 15740, “Requiring a Project Stabilization Agreement for Certain Construction Projects.” Adopted. The Assistant City Manager gave a Powe r Point presentation highlighting Mayor Ezzy Ashcraft’s proposed changes. Councilmember Daysog expressed concern about the matter not being open to all voices and perspectives; stated there must be representation from different people; expressed support for the changes made by Mayor Ezzy Ashcraft; stated if there is a desire to accept changes, Council should do so at a future, formally noticed meeting to allow input from all trades; the Mayor’s amendments can be used as a starting point. Councilmember Herrera Spencer expressed support for a more specific proposal breakdown; expressed concern about the matter initially being brought as a Council Referral, then being brought by staff; stated Council never made a decision on the Referral; stated the language included in the staff report references anecdotal data; there is more than anecdotal data related to increased construction costs; it is important that the community be allowed to vet the matter; that she has a problem with staff bringing forth the matter; expressed concern about increased costs creating difficulties in building housing; stated that she is reluctant to support the matter; developers should be able to look at projects and decide the best type of housing builds for the betterment of the community. Mayor Ezzy Ashcraft stated the modifications to the language were taken from a previous agreement in San Francisco’s Mission Bay development; noted Catellus and the Building Trades Council of San Francisco were involved with the agreement; stated the project was successful; the agreement has been vetted by different sides; expressed support for moving projects along and ensuring a skilled workforce is present; outlined the opportunity for apprenticeship programs; stated Council may choose to have the matter return with additional wordsmithing. Vice Mayor Vella stated that she pulled her Council Referral due to staff’s concurrent work on the matter; it is a misstatement to categorize the matter as an initial Council Continued January 19, 2021 Meeting Alameda City Council February 2, 2021 2 Referral; staff brought forth the matter based on direction provided over a period of time relative to a number of projects; concerns had continued to arise related to public land project goals; expressed support for the inclusion of a local hire provision; outlined local hire provisions in the City of Hayward; stated the provisions help Alamedans; there is a need to reinvest in apprenticeship opportunities which can be achieved through local hire provisions; the cost of development has increased ; however, tariffs are causing impacts, such as for the Water Emergency Transit Authority (WETA) ferry float; the cost of land and remediation have impacts; good projects cost money; expressed concern for substandard projects being associated with building affordable housing; inquired how many projects in the works, outside of those with Development Agreements (DA), are in the middle of an Exclusive Negotiation Agreement (ENA) phase. The City Manager responded there is currently one ENA; stated the West Midway project is currently negotiating a PSA. Vice Mayor Vella expressed concern about one project already negotiating an agreement; stated that she would like to clarify the PSA will not add an additional requirements; expressed support for the exclusion of Disposition Development Agreements (DDAs) and DAs; stated that she would like to strike the ENA provision with the clarification that the proposasl adds nothing to projects with a DDA or DA being negotiated. Mayor Ezzy Ashcraft stated the development and builder community currently working with the City requested the change; the Building Trades Council approved the provision; the matter had previously been heavily weighted toward the Trades; the provision is intended to show an understanding; the provision would not apply to many projects; expressed concern for taking away the provision. Vice Mayor Vella expressed concern about the process becoming muddied; stated those in the middle of negotiations could argue against having a PSA; working toward labor peace as best as possible is a goal, especially at Alameda Point; expressed concern for a carve-out in policy; stated that she is hesitant; inquired whether developers will not be required to have a PSA; expressed concern for a PSA not being required for the West Midway project. Mayor Ezzy Ashcraft stated there is currently an agreement being negotiated and the Building Trades representative accepted the change. The City Attorney stated Council retains discretion to approve matters through ENAs on a project-by-project basis; Council has previously given direction that labor peace is one of the goals for the West Midway Project. Vice Mayor Vella requested clarification about the direction provided by Council regarding the ENA. Continued January 19, 2021 Meeting Alameda City Council February 2, 2021 3 The City Manager stated the City Attorney is correct; the Interim Community Development Director is double-checking the requirement; developers would not be able to use the proposed amendment to assert an ENA is no longer valid. Vice Mayor Vella expressed concern about spot zoning; stated that she does not believe it to be the intent; however, the direction needs to be clear and not dismantle a previous expectation; expressed support for the matter moving forward. Councilmember Knox White expressed gratitude for the work put into the matter; stated the proposed agreement sets the expectation for negotiations and gives the power to Council to decide whether or not projects should have a PSA; noted that his expectation is West Midway will have a Project Labor Agreement (PLA) come back to Council; stated any policy adopted at this meeting exempts [previous negotiations] from the policy and the prior agreement and understand ing will move forward. Councilmember Daysog stated staff needs to create a substantial effort in reaching out to smaller mom and pop contractors du ring the 18 month period the matter has been worked on; Council should take the time to gather input on the matter proposed and hold a formal meeting. Vice Mayor Vella moved adoption of the resolution with the revisions proposed by Mayor Ezzy Ashcraft with the clarification raised about the expectation relative to the West Midway project to ensure a labor agreement returns to Council. Councilmember Knox White seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: No; Herrera Spencer: No; Knox White: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 3. Noes: 2. ADJOURNMENT There being no further business, Mayor/Chair Ezzy Ashcraft adjourned the meeting at 7:40 p.m. Respectfully submitted, Lara Weisiger, City Clerk The agenda for this meeting was posted in accordance with the Sunshine Ordinance.