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2021-10-05 Regular CC MinutesRegular Meeting Alameda City Council October 5, 2021 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- -OCTOBER 5, 2021- -7:00 P.M. Mayor Ezzy Ashcraft convened the meeting at 7:01 p.m. ROLL CALL - Present: Councilmembers Daysog, Herrera Spencer, Knox White, Vella, and Mayor Ezzy Ashcraft – 5. [Note: The meeting was conducted via Zoom. Councilmember Knox White left the meeting at 11:01 p.m.] Absent: None. AGENDA CHANGES (21-608) Mayor Ezzy Ashcraft moved approval of hearing the nominations [paragraph no. 21-609] next. Councilmember Herrera Spencer seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: Ayes; Knox White: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5. COUNCIL COMMUNICATIONS (21-609) Mayor’s Nominations for Appointm ent to the Housing Authority Board of Commissioners (HABOC) and Mayor’s Economic Development Advisory Panel (MEDAP). Mayor Ezzy Ashcraft nominated Christina Mun to HABOC and Eva Jennings and Dan Poritzky to the MEDAP. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (21-610) Proclamation Declaring October 2021 as Lesbian, Gay, Bisexual, Transgender, Queer History Month. Mayor Ezzy Ashcraft read the proclamation. ORAL COMMUNICATIONS, NON-AGENDA (21-611) Jay Garfinkle, Alameda, discussed actions related to Jean Sweeney Park being taken in closed session; stated the City is paying five times as much per acre. (21-612) Michael Devine, Alameda, discussed loud vehicle noise and health related concerns; suggested noise traps, ticketing and addressing the matter on a future agenda. Regular Meeting Alameda City Council October 5, 2021 2 (21-613) Casey Farmer, Alameda County, made an announcement regarding Alameda County redistricting; encouraged public participation. CONSENT CALENDAR Councilmember Herrera Spencer moved approval of the Consent Calendar. Councilmember Knox White seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: Ayes; Knox White: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] (*21-614) Minutes of the Special City Council Meeting, the Joint City Council and Successor Agency to the Community Improvement Commission Meeting, the Continued July 20, 2021 City Council Meeting and the Regular City Council Meeting Held on September 7, 2021. Approved. (*21-615) Ratified bills in the amount of $7,186,584.01. (*21-616) Ordinance No. 3307, “Amending Alameda Municipal Code Chapter XXIV Public Health to Add Section 24 -13 Prohibition on Gasoline-Powered Leaf Blowers.” Finally passed. CONTINUED AGENDA ITEMS (21-617) Recommendation to Review, Comment and Provide Direction on Preliminary Needs Assessment and Recommendations for Development of Smart City Master Plan. The Information Technology Director and David Huynh and Monique Fuhrman, Iteris, gave a PowerPoint presentation. *** (21-618) Councilmember Knox White moved approval of allowing an additional five minutes for the presentation. Vice Mayor Vella seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: Aye; Knox White: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5. *** Ms. Fuhrman and the Information Technology Director completed the presentation. Councilmember Knox White stated the City has spent over $1 million for both Park and Webster Streets Transit Signal Priority (TSP); inquired how the plan proposes to implement signal priority at the same cost and whether the plan is addressing other Regular Meeting Alameda City Council October 5, 2021 3 areas in the City. Mr. Huynh responded Webster Street improvements were done; stated the Plan identifies other corridors within Alameda with a concentration of AC Transit bus lines; the intention is to address gaps on Park Street and Santa Clara Avenue. Mayor Ezzy Ashcraft stated the City has already spent $1 million on both Park and Webster Streets; inquired whether TSP has been implemented on Park Street. Ms. Fuhrman responded in the affirmative; stated the Plan proposes expanding TSP on the Island to enhance bus service; other lines go around the Island; additions would be on Santa Clara Avenue, Otis Drive and Alameda Point. Councilmember Knox White requested clarification that TSP is not being proposed for Park Street since the City already has a smart corridor in existence there, to which Ms. Fuhrman responded in the affirmative. Councilmember Herrera Spencer stated $230,000 is being proposed to invest in a private company’s fiber network; inquired whether the private company is known. The Information Technology Director responded the City recently received a quote from Comcast. In response to Councilmember Daysog’s inquiry regarding partnering with an Infrastructure Service Provider (ISP), the Information Technology Director stated the City does not want to be the ISP provider, but wants to look into opportunities to partner with providers on the City’s fiber network in order to offer free WiFi to residents; requested Mr. Huynh provide examples from other cities. Mr. Huynh stated leases or joint use agreements can be used to incentivize private companies to expand their networks in Alameda. Councilmember Daysog stated Alameda is not getting into the internet business; the provider will be offering a free service to consumers, which he would like to better understand later, not tonight; expressed support for the goals. Councilmember Herrera Spencer inquired whether Comcast cannot pay for the infrastructure, which is why the City would pay. The Information Technology Director responded the City contacted Comcast to request the cost of bring fiber to the gym at Alameda Point, which would cost the City $230,000. Councilmember Knox White stated the main strategy is to build out a network; other things, such as the TSP, would be used off of the network; inquired whether steps coul d come back to Council later, if Council would not be making the decision tonight and if tonight is simply an agreement to move forward with the vision and strategy having Regular Meeting Alameda City Council October 5, 2021 4 projects coming separately after the broadband backbone ring is done. The Information Technology Director responded in the affirmative; stated the broadband backbone is the key to other top 10 priorities and recommendations move forward. Mayor Ezzy Ashcraft discussed short, mid-term and long-term timeframes; stated that she would like to move up internet availability being enhanced in public places to decrease the digital divide; cyber security should also be at the top of the list; discussed ransomware attacks; inquired whether and how cyber security could be accelerated. The Information Technology Director responded priorities are still being planned; stated staff is meeting with existing telecommunication carriers: Verizon and Comcast; the companies are aware of the Smart City Initiatives; in order to get more equitable internet, Verizon is sending an engineer to areas with weak cellular service to boost signals, which could be a good stop gap; Comcast has offered to work with the City to implement its lift zone program and increase gig speed for free for three years in equity priority community locations; cyber security features would be included in the fiber core buildout. Mayor Ezzy Ashcraft noted that she, Vice Mayor Vella and the Information Technology Director met with Comcast’s Government Relations representative about equity issues. Mr. Huynh stated cyber security has to be included as part of network buildout; phases will be identified. Discussed internet service and cyber security; expressed concern over increasing staff; stated funds would be better spent on roads: Jay Garfinkle, Alameda. Vice Mayor Vella stated the plan has options to address equity issues, which are a Council priority; phasing of cyber security makes sense; discussed the dig once policy; stated the issue has been discussed for several years; $230,000 is for one location; costs add up quickly to have equitable access at other sites. Mayor Ezzy Ashcraft discussed using American Rescue Plan Act (ARPA) funds; inquired when the Council will make final decisions about ARPA funds , to which the Assistant City Manager responded the first meeting in December. Councilmember Herrera Spencer stated that she brought a referral in 2017 to have free public WiFi throughout the City; the School District successfully created hot spots; people have been left behind d uring the pandemic; her priority is closing the digital divide as quickly as possible; inquired how quickly it can be done and how much money is needed. Mayor Ezzy Ashcraft requested staff address the limitations of hot spots. The Assistant City Manager responded the ARPA funding includes $50,000 for a hot Regular Meeting Alameda City Council October 5, 2021 5 spot program that would be launched by the Library and could have quick implementation; stated fiber network allows the City to build its own local system that would support greater WiFi access for peop le across the community; the City has near- term options and a longer-term plan to really enhance local capabilities and take away unstable hot spot network issues that could arise in different parts of the community. The Information Technology Director stated the hot spot issue was discussed in the meeting with Verizon; locations in the City without cellular signal require use of WiFi; Verizon will send an engineer to certain areas to boost the signal. Councilmember Herrera Spencer stated there was a discussion about the use of street lights to support cellular at a League of California Cities conference,; she agrees weak cellular service is across the City; the plan includes more than she is ready to support; the City has fallen short in providing WiFi; she is concerned it has been four years since her referral; the Library hot spots and connecting cellular service should be the priority; questioned how much ARPA funding is needed to fill WiFi gaps across the City; stated the entire Smart City Plan should not be funded by ARPA; discussed use of ARPA funds; stated that she is interested in hearing about other possible funding sources for the Smart City Plan. Councilmember Daysog stated ARPA funds will allow the City to lay infrastructure to close the digital divide, improve transit flow and provide free internet through ISPs; cost estimates should be adhered to; the business model of free internet needs to be understood; discussed Alameda’s experience providing internet and cable; stated that he is fine with the priorities; this is rare funding opportunity; the City should move forward. Councilmember Knox White stated that he supports the concept in general; more discussion is needed; he is not aware of free citywide public WiFi programs that are working exceedingly well; he would like more information; a lot of Department of Transportation program grants overpromised and under delivered; he is a little concerned about jumping to a decision too quickly because the City has money; transportation operation benefits beyond staff savings are being over promised; discussed traffic; stated time has not been saved from either of the two smart corridor programs; expressed concern about outcomes not being met; stated that he would like to have further discussion of and information about San Leandro’s program; the State and federal governments are providing a lot of cyber infrastructure funding , which he would rather use to fund the Smart City program; he is not 100% clear on the strategy and would like more information, especially about programs in other cities; the City’s internet experience is a good example of why small cities should not get into technology solutions early on since things change so quickly; broadband is a future the City needs to prepare for and the ring is one of the first steps; discussed prior meetings with the School District; expressed concern about relying on private providers. Mayor Ezzy Ashcraft stated Council is providing direction; inquired whether Councilmember Knox White feels the transportation component should be referred back Regular Meeting Alameda City Council October 5, 2021 6 to the Transportation Commission. Councilmember Knox White responded a lot of transportation conversations are not focused on the City’s set goals; stated that he would rather the matter return to Council for guidance before it goes to the Transportation Commission. Vice Mayor Vella stated perhaps the direction on the transportation corridors could be removed; there should be a broader conversation about goals and the efficacy of what has been done; she would like to see the City exploring different infrastructure options; WiFi does not exist without infrastructure; where money comes from is separate; there could be other grants; it could be difficult for staff to go after funding if there is not a policy in place; staff needs to understand the direction from Council; she would like to hear more from her colleagues and understand how they want to address infrastructure . Councilmember Herrera Spencer inquired whether staff thinks more funding is needed to support the Library hot spots; stated that she would like to break the direction down into parts; expressed support for WiFi across the Island. The Assistant City Manager responded staff has the funding needed ; the ARPA discussions will be back in December to get formal authorization to spend the funds; specific amounts for projects are being fleshed out; $50,000 seems adequate for the program and timeframe; more information will return in December. Councilmember Herrera Spencer stated that she looks forward to the conversation returning in December; regarding the rest of the Plan, she agrees with Councilmember Knox White and thinks more time should be spent on the specific items; she is not ready to proceed with committing $6 million and does not see ARPA as the app ropriate funding source. Councilmember Daysog stated staff put together and provided costs for 10 recommendations to meet Smart City goals; the Council is raising questions which will come back; his question is about better understanding the ISP business model; Councilmember Knox White is focused on transit; staff provided an envelope of recommendations; Council has follow up question for certain areas; Councilmember Herrera Spencer raised questions about the digital divide; staff will come back, which might result in some things falling off; staff provided a starting point for Council to have a conversation and get the Smart City program going; having ARPA funds is great; perhaps other funds will be available in the future . Mayor Ezzy Ashcraft concurred with Councilmember Daysog; discussed ARPA funds; stated the way people work has changed dramatically; a Chamber of Commerce speaker indicated it will take a few years for people to return to offices; infrastructure is needed to support people working from home; discussed telemedicine; stated that she has questions about the additional staffing; she wants estimates and funding sources; ARPA is for one-time expenditures; concurred with Councilmember Knox White’s request for information on where programs have been used successfully; stated the Regular Meeting Alameda City Council October 5, 2021 7 Plan relates to the Climate Action and Resiliency Plan (CARP); getting traffic moving more smoothly and efficiently without cars idling helps reduce greenhouse gas emissions; the Plan relates to the Council priorities; the City needs to move forward with getting infrastructure in place; expressed support for dig once; stated the needs for cyber security should not be under estimated; requested staff to come back with answers to questions raised with an eye towards getting the infrastructure in place. REGULAR AGENDA ITEMS (21-619) Resolution No. 15821, “Appointing Kathryn Beehler as a Member of the Commission on Persons with Disabilities.” Adopted; (21-619A) Resolution No. 15822, “Reappointing Lisa Hall as a Member of the Commission on Persons with Disabilities.” Adopted; and (21-619B) Resolution No. 15823, “Reappointing Jennifer Roloff as a Member of the Commission on Persons with Disabilities.” Adopted. Councilmember Herrera Spencer moved adoption of the resolutions. Vice Mayor Vela seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: Aye; Knox White: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5. Mayor Ezzy Ashcraft made brief comments. Ms. Beehler, Ms. Hall and Ms. Roloff made brief comments and the City Clerk administered the Oath of Office. (21-620) Recommendation to Approve The Road Home: A 5 Year Plan to Prevent and Respond to Homelessness in Alameda. Amanda Wehrman, Homebase, gave a PowerPoint presentation. In response to Councilmember Daysog’s inquiry regarding Housing First and case management, Ms. Wehrman stated the Housing First approach is highlighted in a number of the strategies; the Department of Housing and Urban Development (HUD) and both national and local experts promote Housing First as the best practice to deliver housing and services to people experiencing homelessness; the idea is about reducing barriers to entry into programs, as well as reducing restrictions that might fo rce people out of programs, which enables people to get into housing more quickly and be provided case management and support to maintain housing stability over time; Continuum of Care (COC) refers to all of the housing and services available; HUD also uses the term to refer to a decision making body, typically at the county level, called the COC Board; there is also a COC funding stream; COC is not meant to be in contrast with Housing First; COC is the overall approach and Housing First is delivering services within the Continuum; Housing First can be delivered within a COC setting. Regular Meeting Alameda City Council October 5, 2021 8 Mayor Ezzy Ashcraft inquired whether numbers might be higher since a count has not been able to be completed for two years; stated the number might not matter; there is a problem and the City needs to start addressing it. Ms. Wehrman responded there is an upward trend; stated steps have been taken during the pandemic on eviction prevention; a lot of resources have come down from the State; a comparative number will not be known until the next point in time count; additional analysis done in the plan looks at other data from the County’s Homeless Management Information System (HMIS), which has higher numbers for the City; in 2019, there were 736 people throughout the County who have a tie back to the City; the HMIS differs from a point in time count. Mayor Ezzy Ashcraft stated there are now encampments in new parts of the City; noted that she would like to share a screen about housing security at the end of the discussion. Councilmember Herrera Spencer requested the supplemental information from staff be added to the agenda item; stated it has the data she requested at a prior meeting; the safe parking program has capacity for 25 vehicles and serves 11 vehic les on average and 21 unduplicated people per quarter; inquired whether staff thinks there are more than 11 people in the community who could use the service. The Economic Development Manager responded there are more than 11 cars in the City; stated the City is actively going out and letting people know about the safe parking location; people from Encinal Boat ramp were moved over; the number could be higher; the data was older than last week. Councilmember Daysog inquired whether adopting Housing First means case management would not be required as a condition of housing. Ms. Wehrman responded the recommendations related to Housing First are about how to reduce barriers; stated it is about making the housing and programs as low barrier as possible; scenarios should not be created where people are cycling in and out of programs; instead, space should be created for people to get into programs and be offered case management and other support service to help maintain housing stability ; Housing First does not say put people in housing and let them be; the program is about creating robust supports and structures through the design in order to help ensure the success of program participants; it is about how to have trauma informed care, motivational interviewing and other best practice approaches coupled with Housing First. Stated Housing First is a HUD requirement for all permanent supportive housing programs; case management services are voluntary for the client, but not the employee; the process to create the Plan was inclusive; implementation should provide services throughout Alameda with clear matrix to access success; urged the development of Regular Meeting Alameda City Council October 5, 2021 9 housing be streamlined, especially pertaining to opposition: Doug Biggs, Alameda Point Collaborative. Stated the program goal is admirable; using available public and private land makes sense; the locations do not portray a Citywide program; only 1 of the 10 properties is east of Webster Street, which feels kind of like redlining; urged review of the map in the correspondence he submitted; suitable land is available elsewhere; urged Council to more equally distribute the locations across all of Alameda: Ben Mickus, Alameda. Stated one of the first items the Plan should focus on is the Fire Department family services project; the pilot program seems like it fits in here and should be focused on; questioned who would address large scale shelters during winter: Marilyn Rothman, Alameda. Stated that she worked in affordable and supportive for over 30 years; she supports the City addressing the matter; the locations are concentrated in the West End; going forward, a mechanism should be established for land and property purchases with criteria for choosing the locations; requested distribution throughout the Island with community involvement: Marilyn Alwan, Alameda. Stated loss of a job was the top reported reason for homelessness; obtaining and retaining employment through skilled job programs should be a top priority; she would like to see a substantial increase in support for higher paid workers; the City needs to support programs that pay a living wage well above the minimum wage; discussed the need and availability of daily showers; stated focus should be on a data driven approach: Carmen Reid, Alameda. Stated sites for new housing can be identified as part of the Housing Element (HE) process; HE goals include furthering fair housing goals; project sites need to be more than on the West End; the Plan looks good; input was solicited from the right people; urged speeding up production of new homes, especially affordable housing, and streamlining: Zac Bowling, Alameda. Stated the process for building or renovating properties for these projects needs to be streamlined; the East End needs to participate in serving unhoused neighbors : Jenice Anderson, Alameda. Stated access should be barrier free and acknowledge what people are facing; expressed appreciation for people with lived experience participating in the Plan : Alexia Arocha, Alameda. In response to Mayor Ezzy Ashcraft’s inquiry regarding shelter during the winter months, the Economic Development Manager stated the number of people sheltered last year was reduced significantly because of COVID; normally 90 people are housed and the City only housed 7 continuously last year. Regular Meeting Alameda City Council October 5, 2021 10 Mayor Ezzy Ashcraft inquired whether hotel and motel rooms were used rather than Christ Episcopal Church, to which the Economic Development Manager responded in the affirmative; stated 7 were housed in the hotel. Councilmember Knox White inquired whether the site list mentioned in 1.1.a has been developed, to which the Economic Development Manager responded a list has not been developed. Councilmember Knox White stated language should be added to 1.1.a that states: staff should identify ways in which to ensure there is some form of equitable distribution of services provided across the Island for the unhoused population and residents; it should not be assumed everyone will go to Alameda Point; there are land use constraints on the Island and there is vacant land because the Naval Air Station left; the list should include strategies that could be implemented in order to make sites available across the Island and on Bay Farm Island as well; Council gave direction last July; the work kicked off in January; a well written and developed Plan has been presented tonight; the Council and community provided input. Councilmember Herrera Spencer inquired how members were chosen to participate in the process. The Development Manager responded community outreach was multi-level, including a steering committee, focus groups and individual interviews; stated a number of participants were identified by staff; staff also wanted a broader opportunity for the community to participate; there were over 1,000 responses to a survey and 2 community meetings were held. Mayor Ezzy Ashcraft inquired whether the community meetings were virtual, to which the Development Manager responded in the affirmative. Councilmember Herrera Spencer stated the staff report mentions 434 Central Avenue, Surfside Apartments; inquired whether the City owns the property, to which the Community Development Director responded the City does not own the property; stated the City assisted the owner with a Community Development Block Grant renovation loan. In response to Councilmember Herrera Spencer’s further inquiry, the Community Development Director stated the City made the loan as an opportunity for the owner to provide improved housing and offer affordable units. Councilmember Herrera Spencer inquired the total and affordable number of units. The Community Development Director responded there are 50 units; stated that she does not recall the number of affordable units. Councilmember Herrera Spencer inquired whether units are not for the unhoused, to Regular Meeting Alameda City Council October 5, 2021 11 which the Community Development Director responded in the affirmative; stated the units are part of an affordable project. The Development Manager stated any affordable housing helps keep people housed and prevent homelessness, which is a key part of the Plan. Ms. Wehrman stated a list was not created; action steps are to complete analysis; regarding locations, proximity to amenities is included for housing sites. Councilmember Herrera Spencer stated lists being presented should be clear to the public; data related to Alameda’s unhoused population is useful; questioned whether the goals are related to Alameda or would be recommended for any city; stated that she would like to spend more time on what the goals mean for Alameda; everyone supports the first goal, but she needs to know what it looks like and how it is going to apply to Alameda; the Plan is very general and should include more specific asks; she is concerned about providing housing and services that is based on the data; the goals are vague; Council should be weighing in and making decision about specific properties; inquired what Council is being asked to approve. The Community Development Director stated staff has been exploring specific projects, including scattered sites, emergency transitional housing, the bottle parcel and the Marina Village Inn, and will come to Council in the near future; staff is gearing up for Homekey project and funds; a provider has to be selected; the City needs a partner to do the projects. The Economic Development Manager stated the specific action steps included in the Plan are generalized; staff will return with more specifics. Councilmember Herrera Spencer stated there is a Housing Authority in Alameda; inquired whether the City is creating its own Housing Department, to which the Community Development Director responded in the negative; stated State and County funding is available to the City; staff is looking at opportunities available to the City. Councilmember Herrera Spencer stated the Housing Authority used to b e part of the City and really still is since the Board is selected by Council; the Housing Authority was separated to make it more efficient, able to apply for grants, streamline process es and end up with more money available for the cause; she would like the Plan to include working with the Housing Authority; she supports the Housing Authority; she has concerns about staff duplicating efforts; there should be increased conversations with the Housing Authority to ensure as much money as possible goes to the cause; there should not be more City Hall staff as opposed to the Housing Authority, which provides the same service; her preference would be for the City to work with the Housing Authority. Vice Mayor Vella stated the objective is to have broad goals for staff to follow while exploring different solutions to the problems; issues, such as housing, do not have a Regular Meeting Alameda City Council October 5, 2021 12 one size fits all approach; detailed exploration will occur; staff will return to Council after determining what is feasible with the available funds; concurred with Councilmember Knox White’s concerns about equitable access to housing and distribution throughout the City regardless of convenience; stated staff is trying to look outside Alameda Point; the City has an opportunity to make a concerted effort with the Regional Housing Needs Allocation (RHNA) and other housing discussions. Vice Mayor Vella moved approval of supporting the Plan with the comments made by Councilmembers about ensuring the Plan is inclusive and really looking throughout the Island; discussed Council’s priority related housing. Councilmember Knox White seconded the motion. Under discussion, Councilmember Daysog stated that he will be supportive of specific projects, such as the Marina Village Inn or bottle parcel; he has supported such projects since he began serving on the Alameda Reuse and Redevelopment Authority in 1995; he does not have enough information on the overarching policies being implemented; he does not know if Housing First is superior to the current way; discussed current requirements to keep housing versus considering services voluntary and a barrier; stated that he thinks people need to be required to get services to access and stay in housing; he will not support or oppose the Plan; he will support projects. Councilmember Herrera Spencer stated the goals are too broad and not particular to Alameda; she will not support the Plan because efforts will duplicate Housing Authority work, which is not appropriate; she appreciates the data. Mayor Ezzy Ashcraft outlined her work on the League of California Cities Statewide Policy Committee on Housing, Community and Economic Development and the Alameda County Mayor’s Conference Homelessness Working Group ; stated there is a Statewide housing crisis; there are innovative solutions and successes; magic starts to occur with wrap around services; action is needed; she completely agrees with the motion and second; metrics and measurables are important; staff is in the process of interviewing innovative, exciting service providers; she agrees that barriers and opposition to development of supportive housing need to be reduced; expressed her support. Councilmember Knox White stated the Plan is strategic and supposed to be the guiding principle; there are 51 specific actions to lead to desired outcomes; Housing First is not new; it went away under Regan when requirements were implemented; until a person has housing, they cannot be ready to go through drug or mental health treatment or job training; further discussed Housing First. On the call for the question, the motion carried by the following roll call vote: Councilmembers Daysog: Abstention; Herrera Spencer: No; Knox White: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 3. Noes: 1. Abstentions: 1. Regular Meeting Alameda City Council October 5, 2021 13 While a slide was shown with information about the Housing Secure program, Mayor Ezzy Ashcraft stated that she does not want people to experience housing insecurity; urged people to call 211 or go online to www.ac-housingsecure.org; outlined program details. *** Mayor Ezzy Ashcraft called a recess at 9:44 p.m. and reconvened the meeting at 9:55 p.m. *** (21-621) Uncodified Urgency Ordinance No. 3308, “Continuing the Suspension During the Local Emergency due to the COVID-19 Pandemic of Certain Provisions of the City’s “Sunshine Ordinance” to the Extent Inconsistent with Assembly Bill No. 361 and Executive Order N-15-21 of the Governor of the State of California Arising from the State of Emergency Caused by the COVID-19 Pandemic.” Adopted; and (21-621A) Recommendation to Approve Findings to Allow City Meetings to be Conducted via Teleconference. The City Clerk gave a brief presentation. Requested an explanation of uncodified ordinances; stated the action to comply with State law seems like a backdoor way to declare a State of Emergency in Alameda, which no longer exists; expressed concern about Charter ordinance adoption provisions and declaration of an emergency: Jay Garfinkle, Alameda. Urged Council to support the recommendation; stated if not passed, she would be forced to resign from the Commission on Persons with Disabilities due to her autoimmune disease; the emergency is not behind us; urged meetings be made accessible for the public and Board/Commission members: Beth Kenny, Alameda. Concurred with Speaker Kenny’s comments; urged meetings continue using the Zoom format; stated the pandemic is not over: Jenice Anderson, Alameda. Concurred with Speakers Kenny and Anderson; urged Council to consider accessibility for the public and continue Zoom meetings: Savanna Cheer, Alameda. Stated that he supported Assembly Bills 361 339, which only pertains to large cities; discussed a letter sent to Council from the Open Government Commission ; suggested language be added to the Sunshine Ordinance to ensure remote access to meetings: Zac Bowling, Alameda. Expressed support for accessibility through Zoom meetings: Alexia Arocha, Alameda. Expressed support for the continuation of remote meetings forever; stated attending remotely is more manageable and convenient: Debra Mendoza, Alameda. Regular Meeting Alameda City Council October 5, 2021 14 Expressed support for City Council meetings continuing to be hosted on Zoom ; stated having meetings accessible is critical to having more involvement and engagement: Laura Cutrona, Alameda. Expressed support for remote meetings in the future; stated that she has chronic bronchitis and the pandemic is not over for her; she is not comfortable in large groups and would not be comfortable in the Council Chambers ; urged Council to support remote meetings: Melodye Montgomery, Alameda. Stated Zoom is a great way for the public to access meetings and should continue; questioned whether the urgency ordinance is required to continue Zoom meetings : Carmen Reid, Alameda. Councilmember Herrera Spencer inquired how the declaration and ordinance differs from or has an impact on the declaration of the Local Emergency under Government Code Section 8630(c). The City Clerk responded the bill that was just passed pertains to the Brown Act, which is a different section of the Government Code; stated this item ha s to return every 30 days and the other item has to return to Council every 60 days; stated they are two completely separate actions. The City Attorney stated at the beginning of the pandemic, the Council adopted an urgency ordinance suspending certain provisions of the Sunshine Ordinance; this ordinance continues the same provisions with respect to AB 361; both ordinances address Sunshine Ordinance requirements, such as City Hall being the meeting location and remote members having to provide public acces s; the ordinances are to be consistent with State law and reduce the potential for Sunshine Ordinance complaints. Councilmember Herrera Spencer stated that she voted no on the Declaration under Government Code Section 8630(c) and wants to ensure supporting this item does not conflict with her other votes; stated the two are very similar. The City Attorney stated the findings the Council has to make are: 1) the Governor, not the local agency, has declared a State of Emergency; and 2) public health officials continue to recommend social distancing and meetings would be a hindrance to the public health emergency declared by the Governor; although similar, there are nuanced differences. Councilmember Herrera Spencer stated hybrid meetings have been discussed; some people have issues with Zoom and do not like doing meetings remote; hybrid would allow people to come in person or participate on Zoom. The City Clerk stated the provisions outlined in the Assembly Bill pertain to the members on all City bodies, such as the City Council, Boards and Commissions; the Regular Meeting Alameda City Council October 5, 2021 15 action tonight allows members to continue remote without having to disclose locations and allow members of the public to participate in the remote location; if meetings continue in the same fashion, City Hall would remain closed and the public would have to participate via calling in or on Zoom. Councilmember Herrera Spencer inquired when members of the public will be able to speak in person. The City Manager stated the hybrid proposal would be once the Council starts meeting in person. The City Clerk concurred with the City Manager. Councilmember Herrera Spencer stated Police Officers were recently sworn in at the Library inside; Councilmembers and the public attended; she would like a plan for in person, socially distanced meetings; she would like a hybrid option considered if legally possible; some members of the public have difficulty doing Zoom ; the digital divide has been discussed; she participates at City Hall because she would lose internet rec eption at her home. Vice Mayor Vella stated the pandemic is not over; there is a marked difference between an outdoor, brief event versus meetings that are hours long; the decision is not just about Council; Board and Commission volunteers should not have to put their health and safety at risk to serve; forcing members to disclose home addresses or explain not being in person is irresponsible and goes against equity and inclusion; people serving have said it will impact their ability to volunteer; discussed vaccinations and impacts on family members; the action allows the Council to govern in a compassionate way and be very inclusionary of Board and Commission members, which is why she will support the recommendation; the matter will have to be reauthorized; COVID-19 cases spiked last year at Halloween; she does not want people to be afraid to serve since they would have to disclose their remote participation address. Vice Mayor moved approval of the staff recommendation [adoption of the urgency ordinance and approval of the findings]. Councilmember Knox White seconded the motion. Under discussion, Councilmember Herrera Spencer stated that she will support the motion, but would like a hybrid model considered and would like to figure out how the City could legally do a hybrid model at some point. On the call for the question, the motion carried by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: Aye; Knox White: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5. (21-622) Adoption of Resolution Amending Master Fee Resolution No. 12191 to Revise Regular Meeting Alameda City Council October 5, 2021 16 Fees for Fire Department Services and Permits. Not adopted. The Interim Fire Chief stated that he is available to answer questions. Expressed concern about the fees being applied to people receiving services through the alternative response team based out of the Fire Department; stated fees would be a barrier to service [dropped connection]: Beth Kenny, Alameda. Concurred with Speaker Kenny; stated fees and impacts of fees on the most vulnerable members of the community should be kept in mind as services are transitioned to the Fire Department; urged a racial equity lens be used: Jennifer Rakowski, Alameda. [Continued comments after dropping connection]; urged Council to review how fees are collected, the portion passed onto individuals and income based considerations : Beth Kenny, Alameda. Stated that she is opposed to fees for individuals receiving services; she has seen victims of crime charged for an ambulance; the most vulnerable members of the community will be receiving services; the State just eliminated juvenile fees : Debra Mendoza, Alameda. Concurred with Speakers Rakowski and Mendoza; urged Council to keep in mind comments about the most vulnerable being charged in their most vulnerable moment: Melodye Montgomery, Alameda. Expressed support for previous comments; discussed paramedic versus fire services; stated that she hopes the City will not be charging for mental health services : Savanna Cheer, Alameda. Councilmember Herrera Spencer requested an explanation of the charges discussed by members of the public. The Interim Fire Chief stated the matter does not relate to the crisis mobile response unit; fees are not being recommended for said service; the fees are existing fees, which are being adjusted for Fire Prevention services inspections and ambulance transport. In response to Councilmember Herrera Spencer’s inquiry, the Interim Fire Chief stated a fee study was completed January 2019; the study recommended the fees be increased over a four year period to raise cost recovery from 28% to 57%; the first increase was done; last year, staff did not recommended raising the fees; the City’s fees were the lowest in the County. Councilmember Herrera Spencer inquired whether in spections are done by sworn Fire Fighters, to which the Interim Fire Chief responded in the affirmative. Councilmember Herrera Spencer stated the Council previously discussed using non- Regular Meeting Alameda City Council October 5, 2021 17 sworn; inquired whether other cities use non-sworn Fire Fighters. The Interim Fire Chief responded the Fire Department attempted to hire civilian Inspectors; stated the City was unable to get qualified civilians after four different outreach efforts; other departments use civilian Inspectors; other cities were also having trouble hiring civilians. In response to Councilmember Herrera Spencer’s inquiry about businesses’ ability to pay the increase, the City Manager stated businesses ability to pay was considered; the fee increase was delayed in the summer 2020; he is open to discussing another delay. Councilmember Herrera Spencer inquired whether there is support from the business associations, to which the City Manager responded that he does not believe the Fire Department has done specific outreach to business community; businesses are facing stresses; deferring another year is an option. In response to Councilmember Herrera Spencer’s inquiry about how the City handles victim’s ambulance fees, the Fire Chief outlined costs for fire versus ambulance services; stated the ambulance service is atypical for Fire Departments; discussed the ambulance transport fee; stated the Department is mindful of a person’s ability to pay; people can request a hardship; the hardship policy is being updated and will come to Council. The City Manager noted Alameda County sets the ambulance fee cap s; the City keeps its fees consistent with the amount set by Alameda County. The Interim Fire Chief stated Fire Departments charge what the County allows , which does not capture the cost of providing the service. Councilmember Herrera Spencer stated that she looks forward to having the hardship policy come back to Council. The Interim Fire Chief stated a large number of transport patients have Medicare; patients under Medicare are not charged the maximum amount allowed by the County. Councilmember Herrera Spencer inquired whether Medicare patients have to pay anything out of pocket, to which the Interim Fire Chief responded they typically do not pay. *** (21-623) Mayor Ezzy Ashcraft stated a motion is be needed to consider new items after 11:00 p.m. Councilmember Daysog moved approval of hearing the remaining items up until midnight. Regular Meeting Alameda City Council October 5, 2021 18 The motion failed due to a lack of a second. *** Councilmember Herrera Spencer moved approval of not adjusting the fees at this time and leaving them as is. Vice Mayor Vella seconded the motion. Under discussion, Mayor Ezzy Ashcraft stated that she will support the motion; discussed the economic recovery and uncertainty. Vice Mayor Vella stated the City’s fees are low relative to the rest of the County; timing is important; staff should bring the fees back at the appropriate time after the pandemic and when there are signs of economic recovery. Mayor Ezzy Ashcraft concurred; stated small businesses should not be burdened more than they are already. Councilmember Daysog stated that he did not support the matter when it first came in March 2019 and will vote no. The City Manager suggested the ambulance fees be considered separate and return to Council. Mayor Ezzy Ashcraft stated that she would welcome staff bringing the matter back with all the information needed to make an informed decision. Vice Mayor Vella recommended amending the motion to bifurcate the vote tonight and give staff direction to return with the ambulance fees. Councilmember Herrera Spencer stated a motion is not needed to keep fees as is and staff could return anytime; she does not know if Medicare could be increased at this time. Mayor Ezzy Ashcraft stated the information should be in the staff report; the better course would be to bring the matter back. Vice Mayor Vella stated that she does not want the inspection fees to come back; no action could be taken on the ambulance fees and staff could return. Councilmember Herrera Spencer stated that she is happy to accept the amendment to the motion. Mayor Ezzy Ashcraft requested the amended motion be restated. Vice Mayor Vella stated the amended motion would be to not increase the fees for Regular Meeting Alameda City Council October 5, 2021 19 building inspections at this time. Mayor Ezzy Ashcraft inquired whether it would be for both inspections and plan review, to which Vice Mayor Vella responded in the affirmative; inquired whether the motion would be to continue the ambulance fees to a future meeting or give direction to staff to bring it back with more information. The City Manager stated Council can just make the first motion [regarding inspections and plan reviews] and staff can bring back approval of the ambulance fees without the item being continued, which is what he is suggesting. Vice Mayor Vella stated that she agrees with the suggestion as long as it is acceptable to the original maker of the motion. Councilmember Herrera Spencer accepted the amendment to the motion. Mayor Ezzy Ashcraft stated the motion is to not increase the permit plan review and inspection fees. On the call for the question, the motion carried by the following roll call vote: Councilmembers Daysog: No; Herrera Spencer: Aye; Knox White: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 4. No: 1. ADJOURNMENT (21-624) Mayor Ezzy Ashcraft stated that she would adjourn the meeting in memory of Ash Jones. The City Clerk noted the Council rules allow the Communications to be heard since a vote was not taken to stop at 11:00 p.m. CITY MANAGER COMMUNICATIONS (21-625) The City Manager made announcements regarding free COVID-19 testing at Alameda Point, Walk and Roll to School day and Alameda County Halloween recommendations. ORAL COMMUNICATIONS, NON-AGENDA (21-626) Jay Garfinkle, Alameda, expressed support for continuing meetings online; suggested the entire audience be shown on the screen. (21-627) Carmen Reid, Alameda, suggested the Council adopt a policy to show the number of people watching meetings on Zoom. COUNCIL REFERRALS Regular Meeting Alameda City Council October 5, 2021 20 (21-628) Considering Directing Staff to Provide an Update on License Plate Readers. (Councilmember Herrera Spencer) Not heard. (21-629) Consider Directing Staff to Publicly Share Information on Parking Recreational Vehicles. (Councilmember Herrera Spencer) Not heard. (21-630) Consider Directing Staff to Address Representation for Below Market Rate Homeowners on Homeowner Association (HOA) Boards and with Property Management. (Councilmember Herrera Spencer) Not heard. (21-631) Consider Directing Staff to Support Removal of the US Navy Constraints Limiting Housing Development at Alameda Point. (Councilmember Herrera Spencer and Councilmember Daysog) Not heard. (21-632) Consider Directing Staff to Address Identifying New Areas at Alameda Point to Develop a Number of Housing Units Above the Originally-Agreed Upon Numbers of the 2023-2031 Regional Housing Needs Allocation (RHNA). (Councilmember Daysog) Not heard. (21-633) Consider Directing Staff to Move Jean Sweeney Park Fencing. (Councilmembers Herrera Spencer and Daysog) Not heard. COUNCIL COMMUNICATIONS (21-634) Councilmember Daysog announced that he attended the Economic Forum last week and a walk on Saturday following the Supreme Court ruling on the Texas abortion law; encouraged the City Attorney’s office to look in to whether there is anything Alameda can do regarding the matter; stated a Councilmember might want to bring a referral. (21-635) Mayor Ezzy Ashcraft made an announcement regarding attending the League of California Cities conference; stated that she would be at Wood School for Walk and Roll to School day. (21-636) Councilmember Herrera Spencer stated that she would be at Otis School for Walk and Roll to School day; made an announcement regarding attending the League of California Cities conference. (21-637) Vice Mayor Vella made an announcement about the City Council/Heath Care District Subcommittee meeting that she and the Mayor attended; stated that she also attended the Women’s March on Saturday. Mayor Ezzy Ashcraft noted Alameda Family Services E xecutive Director Katherine Schwartz would be included in future Subcommittee meetings; stated that she missed the March because she was meeting with the Alameda Renters Coalition. Regular Meeting Alameda City Council October 5, 2021 21 ADJOURNMENT There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 11:15 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Sunshine Ordinance.