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2023-11-21 Regular CC Minutes MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- - NOVEMBER 21, 2023- -7:00 P.M. Mayor Ezzy Ashcraft convened the meeting at 7:09 p.m. ROLL CALL - Present: Councilmembers Daysog, Herrera Spencer, Jensen, Vella, and Mayor Ezzy Ashcraft — 5. [Note: Councilmember Vella arrived at 7:14 p.m., was present from 34280 Pacific Coast Highway, Dana Point, CA 92629 and left the meeting at 11:06 p.m.] Absent: None. AGENDA CHANGES (23- ) The City Clerk announced the Garland agreement [paragraph no. 23-676] was withdrawn and would not be heard. Mayor Ezzy Ashcraft stated that she would like to announce her Planning Board nominations next. Councilmember Jensen moved approval of hearing the item next. Councilmember Herrera Spencer seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: Aye; Jensen: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 4. COUNCIL COMMUNICATIONS (23-663) Mayor's Nominations for Appointments to the Planning Board. Mayor Ezzy Ashcraft nominated Andy Wang and Sunny Tsou for appointment to the Planning Board. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (23-664) Proclamation Declaring November 2023 as Native American Heritage Month. (23-665) Proclamation Declaring November 25, 2023 as Small Business Saturday. ORAL COMMUNICATIONS, NON-AGENDA (23-666) Tracy Reigleman, Alameda, expressed concern about the homeless community and housing security, repairs, and staffing. (23-667) Shelby Sheehan, Alameda, stated there was no notice about non-agenda item comments having to be in person; the public did not have any participation in this decision; reminded Council there are procedures to be followed. (23-668) Zoe Noor, Islamic Center of Alameda, stated Alameda should take a stand and do Regular Meeting Alameda City Council November 21,2023 I something about the Israeli apartheid. (23-669) Jeanne Nader, Alameda Friends and Family for Ceasefire, called for a permanent ceasefire in Gaza and the West Bank. (23-670) Marilyn Alwan, Alameda Friends and Family for Ceasefire, called for a permanent ceasefire in Gaza and the West Bank. (23-671) Laura Thomas, Alameda Friends and Family for Ceasefire, called for a permanent ceasefire in Gaza and the West Bank. (23-672) Emily Lin, Alameda Friends and Family for Ceasefire, spoke for her son Milo Chen, stated Alameda should call for a permanent ceasefire. (23-673) Gabriel Duncan, Alameda Native History Project, called for a ceasefire. CONSENT CALENDAR The Garland Agreement [paragraph no. 23-676] was withdrawn. Councilmember Herrera Spencer requested the Raimi agreement [paragraph no. 23-687] be removed from the Consent Calendar for discussion. Expressed concern about the Consent Calendar process: Tod Hickman. Stated that she agrees with the previous comment regarding the public comment process: Shelby Sheehan, Alameda. Councilmember Jensen moved approval of the Consent Calendar. Councilmember Herrera Spencer seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: Aye; Jensen: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] (*23-674) Minutes of the Special and Regular City Council Meetings Held on October 17, 2023. Approved. (*23-675) Ratified bills in the amount of$3,557,889.44. (23-676) Recommendation to Authorize the City Manager to Execute a Construction Agreement with Garland/DBS, Inc. for the Mastick Senior Center and the Police Department Roof Replacement Project for an Amount Not-to-Exceed $1,635,800. Not heard. (*23-677) Recommendation to Authorize the City Manager to Execute a First Amendment to the Agreement with F.H. Black & Company Inc. for Training and Software Support for the Financial Statement Implementation Project, Increasing Total Agreement Compensation by $10,336 for a Total Amount Not-to-Exceed $85,036. Accepted; and (*23-677A) Resolution No. 16116, "Amending the Fiscal Year 2023-24 Operating Budget Regular Meeting Alameda City Council November 21,2023 2 Appropriating $10,336 from the Information Technology Fund." Adopted. CONTINUED AGENDA ITEMS (23-678) Final Passage of Ordinance Amending Article XV of the Alameda Municipal Code, Amending and Enhancing the Rent Control Program's Capital Improvement Plan (CIP) Program and Terminating the Current Moratorium on CIP Applications and Making Other Necessary Updates. Not adopted. The City Attorney gave a brief presentation. In response to Councilmember Herrera Spencer's inquiry about tiers. the City Attorney stated Council chose to modify Option A from the staff recommendation to allow for 100% CIP recovery for properties with 2 to 4 units; all other units would not be eligible for CIP; all units, regardless of size, could apply for a fair return petition under the U.S. Constitution. Stated CIP is unfair; he had his rent increased and has been trying to contact someone with no success; he would like to file a complaint: Garfield Kincross, Alameda. Expressed concern about Council not keeping the second tier of the 5-15 category: Karen Miller, Alameda. Stated there should not be a CIP pass through no matter the size of the building: Toni Grimm, Alameda. Stated that she is not in support of allowing the rent increases: Tamika Bowman, Alameda. Councilmember Jensen stated that she pulled the item since she has concerns regarding the equity of the ordinance. Councilmember Jensen moved approval of having the original item [introduction of ordinance] come back to Council. Councilmember Herrera Spencer seconded the motion. Under discussion, Mayor Ezzy Ashcraft inquired why Councilmember Jensen wants the item to come back. The City Attorney inquired if Councilmember Jensen is voting no on the second reading and directing staff to re-agendize the first reading, to which Councilmember Jensen responded in the affirmative. Mayor Ezzy Ashcraft asked why Councilmember Jensen would like the original item to come back. Councilmember Jensen expressed concern regarding the equity of the ordinance written; stated that she would like the item to come back to Council so certain additional issues may be addressed. Mayor Ezzy Ashcraft requested clarification about equity issues. Regular Meeting Alameda City Council November 21,2023 3 Councilmember Jensen stated it would be better to discuss the issue when the item comes back. Councilmember Herrera Spencer stated the October 25th meeting was hard for her; she was participating via Zoom and sometimes had a hard time hearing and understanding what was said; she believes the issue is important and supports the item coming back. Mayor Ezzy Ashcraft stated the motion does not provide direction to staff as to what to bring back. Councilmember Jensen stated that she is not in support of the amended ordinance and would like the original agenda report and ordinance to return for discussion. Councilmember Vella stated that she would like to understand what is going to be agendized and if Councilmember Jensen is changing her position; stated that she would like to know what would be discussed and if it means going back to staff recommendation or consider something else; she is trying to understand what is meant by equity. Councilmember Jensen stated that she would like the original proposal to come back for discussion; the outcome may be similar or different; she is not comfortable with the ordinance; she was in support and voted for it but Council has an opportunity during second reading to seek more information; she is making a motion for the original agenda report to come back for further discussion and information. Councilmember Vella stated public speakers are asking for several different things; inquired what would be discussed at the next meeting. Councilmember Jensen stated that she is suggesting the original staff report return and the original ordinance be discussed; changes may or may not be made. Councilmember Vella stated the original proposal included several proposals; inquired if the request is for Council to consider all the alternatives, including no CIP passthrough, or is the proposal to discuss some version of the CIP passthrough. Councilmember Jensen stated her suggestion is the original staff report return and the discussion move from the staff recommendation to have a tiered CIP; 2 to 4 units at 100% was not the staff recommendation or community input; there may be alternatives that are supported. Councilmember Vella inquired what happens in the interim, to which the City Attorney responded the moratorium remains in place and would only be lifted when Council adopts a new CIP program; the existing rules are the CIP passthrough is available for anything under 25 units at 100%, and anything over 25 units is subject to the moratorium adopted in the Spring. Councilmember Jensen inquired whether there would be no change from what exists today, to which the City Attorney responded in the affirmative. Councilmember Herrera Spencer stated it is important for everyone to understand what the ask is and the impact; she is in support of the matter coming back; Councilmember Jensen is the newest Councilmember and it is appropriate to have more opportunity for her to hear from the Regular Meeting Alameda City Council November 21,2023 4 audience and staff. Vice Mayor Daysog stated that he will support the vote out of courtesy to Councilmember Jensen; when ordinances come forward, there are two votes; the point of the second vote is an opportunity to raise questions and get clarification; he is in support of the motion. Mayor Ezzy Ashcraft stated tenants do not have anything to refinance; property owners have equity; members of the Coast Guard live in camp parks in other cities because they are unable to afford market rent. Councilmember Vella stated that she is not in support of the motion; the matter is not a novel item but rather something Council has spent many meetings and months discussing; it would be helpful to bring things back with clarity in direction; in the matter of transparency and not wasting time, it would be helpful to have very clear Council questions; she would prefer what Council is voting on to be clear as opposed to starting from square one. Mayor Ezzy Ashcraft requested clarity on what the next steps are and what further information may be needed from Council. The City Attorney stated to his understanding, Council's direction is to bring the entire item back; staff will not be drafting a new staff report; the entire item would be re-agendized at the soonest Council meeting. On the call for the question, the motion carried by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: Aye; Jensen: Aye; Vella: No; and Mayor Ezzy Ashcraft: No. Ayes: 3. Noes: 2. (23-679) Recommendation to Adopt the City of Alameda 2023-2026 Strategic Plan. Councilmember Herrera Spencer stated that she pulled the item since she does not believe it was appropriate to have on the Consent Calendar; she would have liked to have a presentation from staff as the vote is significant; she is not in support of the recommendation. Stated that she appreciated Council for taking the public feedback; the Municipal Code states new developments are supposed to match the historic preservation guidelines, which is not being enforced or implemented: Shelby Sheehan, Alameda. Stated that he is not in support of the Strategic Plan: Tod Hickman. Stated that he appreciates Council and staff for incorporating many of the recommendations from the Alameda Architectural Preservation Society (AAPS) September letter; he would like Council to add the rest of the recommendations included in the letter: Christopher Buckley, AAPS. Stated that she is in support of the comments made by AAPS, which she hopes Council will include in the Strategic Plan: Carmen Reid, Alameda. Vice Mayor Daysog inquired if staff could expand on a point made in a letter written by AAPS about implementing actions that facilitate a higher proportion of affordable housing especially low and very low income housing in future developments while maintaining and preserving Regular Meeting Alameda City Council November 21,2023 5 historic resources. The City Manager stated under Housing, staff touches on developing amendments and updating the draft affordable housing ordinance; staff can look at different proportions of affordable housing and how the ordinance affects historic resources. Councilmember Herrera Spencer stated that she has an issue with the Strategic Plan mentioning there would be inclusive governance; public comment on non-agenda items was changed to in person only, making it difficult for people with disabilities and other issues to attend and participate; the change was abrupt and not made by Council; inquired if staff could clarify who made the decision. Mayor Ezzy Ashcraft inquired whether the matter could be addressed, to which the City Attorney responded staff can briefly answer the question, however if Council wishes to have a fuller discussion on this topic, it should be agendized separately. In response to Councilmember Herrera Spencer's inquiry, the City Clerk outlined sections of the Charter, Municipal Code, City Council Meeting Rules of Order, Rosenberg's Rules and Council Handbook, which are silent on remote participation and give the Mayor the authority to preside over meetings and the City Clerk, City Manager and City Attorney authority over agenda setting. Councilmember Herrera Spencer stated the Strategic Plan which Council votes on speaks to an inclusive governance; expressed concern over the Strategic Plan not being followed by staff. Councilmember Vella moved approval of the staff recommendation. Councilmember Jensen seconded the motion. Under discussion, Vice Mayor Daysog made a substitute motion approving inserting the wording included in the AAPS November 6' letter: "exploring policies, implementing actions that will facilitate higher proportion of affordable housing," to insert the phrasing into the project list. The City Manager inquired whether Councilmember Daysog is referring to Project List Item HH8a: inclusionary housing ordinance update, to which Vice Mayor Daysog responded in the affirmative. Mayor Ezzy Ashcraft stated updating the inclusionary housing ordinance requires all new housing developments on the Main Island be at least 15% affordable, and at least 25% at Alameda Point; developers and home builders have struggled to finance projects; expressed concern about increasing the percentage being done as a way to kill projects; inquired what percentage is desired. Vice Mayor Daysog stated that he is not offering up a percentage; it is up to staff to look into it; a separate State law allows developers to take advantage of a Density Bonus; if exercised, Density Bonus often increases 15% inclusionary requirements by one or two percentage points, which is not fair; suggesting staff look at how to do more than 1%. In response to Mayor Ezzy Ashcraft's inquiry about the motion, the City Manager stated that she does not entirely understand; she has previously updated inclusionary housing ordinances; an economic consultant is typically hired because the City has to be careful to not end up changing Regular Meeting Alameda City Council November 21,2023 6 the financial feasibility of project and create a barrier to housing production; staff will evaluate different scenarios as part of the update so Council has the benefit of that analysis in making a decision on the ordinance. *** (23-680) Councilmember Herrera Spencer moved approval of giving Vice Mayor Daysog 5 more minutes to speak. Councilmember Jensen seconded the motion. Under discussion, Mayor Ezzy Ashcraft stated that she would not support the motion and would only support giving 1 more minute. Councilmembers Herrera and Jensen amended the motion to give 1 more minute, which carried by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: Aye; Jensen: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5. *** The City Manager stated the motion can be to direct staff to update the inclusionary housing ordinance and include an exploration and evaluation of scenarios that increase the overall percentage of affordable housing; she is not saying staff will make such a recommendation, but it will be analyzed and evaluated. Vice Mayor Daysog accepted the City Manager's language as the substitute motion; stated the evaluation is based on his disappointment with Density Bonus. Councilmember Herrera Spencer seconded the substitute motion. Under discussion, Councilmember Jensen stated that she is in support of the amendment and agrees that the inclusionary housing ordinance is a good tool; she believes Alameda can make the inclusionary housing ordinance relevant, more effective, and ensure housing options for all, while also ensuring the options do not eliminate or restrict access and transportation through the historic neighborhoods and protects historic assets. Councilmember Vella requested clarification about the motion; inquired whether it locks Council in or simply allows exploration, to which the City Manager responded it will be brought to Council as an option. Councilmember Vella inquired if there is a cost associated with the analysis, to which the City Manager responded in the negative. On the call for the question, the motion carried by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: No; Jensen: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 4. Noes: 1. REGULAR AGENDA ITEMS (23-681) Recommendation to Provide Direction to Staff on a Facility Improvement Plan for the Veterans' Memorial Building. Regular Meeting Alameda City Council November 21,2023 7 The Public Works Director gave a Power Point presentation. Councilmember Jensen inquired if the improvements made in the past five years were requested or supported by the Alameda Recreation and Park Department (ARPD) and the Library Department since both use the facility. The Public Works Director responded in the affirmative; stated staff maps out the next ten years and revisits the plans with departments every two years. Councilmember Jensen inquired whether the improvements were not driven by the veterans; stated that she believes keeping City provided programs in the building is necessary, to which the Public Works Director responded in the affirmative. Councilmember Jensen inquired if projects advocated for by the veterans, such as Wi-Fi replacement, carpet replacement, and a heating system would also support City programs. The Public Works Director responded some serve the entirety of the building and some are specific to the East Wing, which is solely used by the veterans group. Councilmember Jensen inquired if there are opportunities to relocate the literacy group and ARPD usage to the Library or ARPD. The Public Works Director responded staff has not considered doing so. Mayor Ezzy Ashcraft stated a commercial kitchen is being discussed; there are significant restrictions on parking around the facility and meals would be served on the floor above the kitchen; the staff report mentions the O'Club has a kitchen that could be upgraded; inquired whether the O'Club generates between $50,000 to $75,000 annually, which seems low. The Public Works Director responded the amount is the average over a five-year period, which includes pandemic years; when the pandemic years are removed, the revenue per year is $150,000 to $175,000. In response to Councilmember Herrera Spencer's inquiry about the funding, the Public Works Director stated the internal service fund supports the entire City building portfolio; there is a 10- year facility plan; funds are collected annually from the Recreation and Parks and Library Departments; the $100,000 is an additional amount Council committed during the budget adoption process, which is a general fund contribution. Councilmember Herrera Spencer stated the City has had control of the building for 26 years; inquired how much money has been spent on it in the last 10 years. The Public Works Director responded that she does not have numbers looking back 10 years; since 2017, the capital investment has been over $800,000 and operating costs are about $175,000 annually. In response to Councilmember Herrera Spencer's inquiry about a commercial kitchen, the Public Works Director stated current facility plans have been based on current programming; an advisory committee that includes the veterans group was resurrected; prior to that the committee, she was not involved in those conversations and was unaware of the request for a Regular Meeting Alameda City Council November 21,2023 8 commercial kitchen; the issue was raised during a recent conversation with the veterans, which is why staff is exploring the possibilities. Stated there is parking a block away and the church across the street has allowed veterans to use parking space when it is not in use; the kitchen and bar were operational when the building was taken over by the City; the bar is not needed; the City has not lived up to Resolution 12737 from 1996; expressed support for the baseline and Option 2: Joe LaParo, Veterans. Stated this is maintenance that should have been done decades ago, not improvements; parking is not an issue; the building could be used for all types of events and a bar is needed to accommodate any event; the kitchen could not be fulfilled by the O'Club: Tod Hickman. Stated maintenance should have been done years ago; the O'Club is too far and no longer has ample parking; having a kitchen is important and increases the value and use: Shelby Sheehan, Alameda. Stated the building should have been maintained over the years; it is accessible to everyone and there is plenty of parking; having a commercial kitchen is an asset to the community and can generate revenue: Carmen Reid, Alameda. In response to Vice Mayor Daysog's inquiry about general fund expenditures and police radios, the City Manager stated the police radios were no longer compatible and had to be updated; the purchase was already approved and completed. The Public Works Director stated the budget includes a $3 million expenditure however, the Police Department made the purchase with existing available budget last fiscal year, which makes money available. Councilmember Herrera Spencer stated that she has attended events in the building and a kitchen could have been used; a bar could bring additional rental revenue; not having hot water must be against Code; veterans should be able to work with staff to have a say in how exactly the money should be spent; money is available for the project. In response to Mayor Ezzy Ashcraft's inquiry about the hot water, the Public Works Director stated the building was never plumbed to have hot and cold water for the bathroom sinks some industrial sinks in a few of the bathrooms had hot water; staff is putting forth a solution that uses on-demand electric hot water heating to bring hot water to sinks that never had it before. Councilmember Herrera Spencer moved approval of the baseline and allocating the additional $750,000 from the baseline. Councilmember Jensen stated the commercial kitchen would be valuable; inquired if the space is currently being rented out for public events, to which the Public Works Director responded in the affirmative; stated the auditorium and rooms on the first and third floor are rented out. In response to Councilmember Jensen's inquiry about revenue, the Assistant City Manager stated the building is not a highly used rental facility; a church uses it every Sunday; it does not suit the needs of most groups; she does not have the exact dollar amount but would estimate it is less than $20,000 per year. Regular Meeting Alameda City Council November 21,2023 9 Councilmember Jensen inquired whether the building is as popular as the Harrison Center, to which the Assistant City Manager responded in the negative; stated the Harrison Center and other facilities are often rented on weekends. Councilmember Jensen inquired whether the commercial kitchen project is urgent. The Public Works Director responded the veterans believe it is urgent; stated staff would start work as part of an energy conservation grant. Councilmember Jensen stated the baseline plan indicates roofing, window repair and interior paint would not happen until 2029 to 2031; the commercial kitchen would happen before the inside of the building is painted and before the windows and roof are repaired; inquired about the cleaning and restoration of furniture. The Public Works Director stated the veterans will be restoring the furniture. Councilmember Jensen inquired whether it would be removed from the proposal, to which the Public Works Director responded in the affirmative; stated it is not included in the baseline facility plan. Councilmember Jensen stated the building was established for veterans and was transferred from the County to the City with specific requirements; the City must support the veterans. Vice Mayor Daysog stated the building is an important landmark; expressed concern about making sure the City begins to be a bit tighter on the fiscal discipline; stated that he is not sure he can support the additional $750,000. Councilmember Vella stated that she understands the building has been underutilized; the City would expect to recover costs of the commercial kitchen; inquired how long it would take for to recover $1/2 Million. The Public Works Director stated the commercial kitchen would be revenue generating and enhance ARPD program offerings; commercial kitchens generally rent around $50 per hour. The Assistant City Manager stated the Recreation and Parks Director believes the City would recover$20,000 a year at most; it would take about 20 to 25 years to recover the cost. In response to Councilmember Vella's inquiry about the window repair the Facilities Manager stated staff is projecting the windows will need significant repairs in 2029 to 2031; other modifications will have to be done to make sure the building's integrity is preserved. Councilmember Vella inquired whether the same is true for the roof and work is not currently being delayed, to which the Facilities Manager responded in the affirmative; stated work is not being delayed. Councilmember Vella stated that she would like to maintain health and safety; after window repair and other things are completed, staff must make sure everything is in line with the City's climate action plans; lead paint and hazards should be remediated; she supports making sure the building has hot water and fixing the flooring sooner rather than later; she would like the kitchen addressed during mid-year budget conversations; expressed concern about dipping into Regular Meeting Alameda City Council November 21,2023 1 0 the general fund; stated that she considers anything over a few hundred thousand dollars not currently budgeted a significant modification; her preference is there be an understanding of the trade-offs relative to the budget. Mayor Ezzy Ashcraft inquired if Councilmember Vella is referring to the two floors under Option 2, the billiard room restoration and the auxiliary auditorium, both of which would total $63,000, to which Councilmember Vella responded in the affirmative; stated her opinion all floors should be completed at the same time sooner rather than later. Mayor Ezzy Ashcraft stated this is a historic building; when looking at our budget, Council has to be realistic; she is pleased to see the creative and energy efficient way to bring hot water to the building; expressed concern about the kitchen being on the ground floor and the auditoriums that would be used for events are a floor above; people will be climbing up narrow stairs with the food or use the small elevator; she supports the staging kitchen renovations in Option 1; there are other facilities, such as the O'Club and Harrison Center at Lincoln Park; she would like to see efforts go towards improving the O'Club commercial kitchen; veterans dropped the request for the bar; floors should be done at the same time. Councilmember Herrera Spencer amended the motion to the baseline plus Option 2. Councilmember Jensen seconded the motion. Under discussion, Vice Mayor Daysog stated respecting and recognizing the contribution of the veterans is important; he is hesitant about the overall cost but agrees this must be a priority; expressed support for the motion. On the call for the question, the motion carried by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: Aye; Jensen: Aye; Vella: Abstain; and Mayor Ezzy Ashcraft: Abstain. Ayes: 3. Abstentions: 2. The Public Works Director noted staff is only seeking direction; staff would return with the $547,000 general fund appropriation as part of the mid-year budget. *** Mayor Ezzy Ashcraft called a recess at 9:51 p.m. and reconvened the meeting at 10:11 p.m. *** (23-682) Recommendation to Accept an Update on Oakland-Alameda Estuary Bridge Project. The Senior Transportation Coordinator gave a Power Point presentation. *** (23-683) Councilmember Herrera Spencer moved approval of giving an additional 2 minutes for the presentation. Councilmember Jensen seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: Aye; Jensen: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5. *** Regular Meeting Alameda City Council November 21,2023 11 The Senior Transportation Coordinator finished the presentation. Councilmember Herrera Spencer stated the only concrete numbers she could find on the report of actual usage were from 2016; inquired when there would be an update. The Senior Transportation Coordinator responded the numbers are users of the Posey Tube 3- foot wide pathway, which people generally do not use; the project is expanding and updating the model created in 2021, which would include looking at travel patterns that may have changed because of COVID-19; the travel demand model would project usage. In response to Councilmember Herrera Spencer's inquiry about the last count, the Senior Transportation Coordinator stated staff does not feel it is a good metric for who would use a bridge. Councilmember Herrera Spencer inquired if the estimated cost to build the bridge is $200 million. The Senior Transportation Coordinator responded one of the goals of the document is to estimate the usage and update cost estimates. Councilmember Herrera Spencer stated $200 million is the last amount she saw. The Senior Transportation Coordinator stated it was the number in 2021. Councilmember Herrera Spencer stated operation would cost $3.5 million per year. The Senior Transportation Coordinator stated the number will also be updated as it is from 2021. Councilmember Herrera Spencer stated more than likely annual operation would cost more than $3.5 million; inquired whether Alameda use some of the regional money for other things, to which the Senior Transportation Coordinator responded in the negative; stated the funding is dedicated to very large infrastructure projects. Councilmember Herrera Spencer stated that she has heard no City money is being spent; inquired about staff time. The Senior Transportation Coordinator responded a portion of staff time is spent working on the project. Councilmember Herrera Spencer inquired if the cost of the time staff would be reimbursed by the County, to which the Senior Transportation Coordinator responded in the negative. Councilmember Herrera Spencer inquired if staff keeps track of hours spent on the project, to which the Senior Transportation Coordinator responded in the negative. Councilmember Herrera Spencer inquired if there is an estimate of how many staff numbers work on the project. The Senior Transportation Coordinator responded different staff members provide input. Regular Meeting Alameda City Council November 21,2023 1 2 In response to Councilmember Herrera Spencer's inquiry about tracking staff time, the City Manager stated some project managers in the Public Works Department bill time to different CIP projects, which is not done by transportation planning staff; if a grant or something requires it, staff might do so but it is not standard practice unless specifically required. Mayor Ezzy Ashcraft inquired how many auto trips per day and week would be reduced by construction of the bridge. The Senior Transportation Coordinator responded a 2021 study showed between 5,000 and 6,000 bicycle and pedestrian trips, which would result in 40,000 fewer auto trips per week. Mayor Ezzy Ashcraft inquired if the estimate is for Monday through Friday, to which the Senior Transportation Coordinator responded in the negative; stated it is the whole week including weekends. Councilmember Herrera Spencer inquired whether usage has been updated post COVID-19. The Senior Transportation Coordinator stated staff is evaluating and updating projections for job and housing growth in the region, as well as COVID-19 changes in travel patterns as part of this phase. Councilmember Herrera Spencer inquired whether the current number includes the impact of COVID-19. The Senior Transportation Coordinator responded the tubes and freeways are just as congested now as they were prior to the pandemic; stated people might not be making work trips, but are still making other trips. The City Manager stated staff has to interpret what the commute pattern is going to be in 7 to 10 years; this and other data will be factored in when trying to develop a model, not just traffic counts. Councilmember Herrera Spencer stated people are not driving into Oakland and parking because of the crime and vandalism; inquired if staff believes crime only impacts people driving and not those riding bikes or walking, to which the Senior Transportation Coordinator responded in the negative. Vice Mayor Daysog stated each of the three conceptual drawings are suspension bridges; inquired if this kind of bridge is required. The Senior Transportation Coordinator responded the drawings are conceptual ideas and nothing would require suspension. Vice Mayor Daysog stated existing bridges have a low profile elegantly placed within the setting. Councilmember Jensen inquired if staff reviewed are any models or examples of pedestrian- bike bridges, locally, nationally, or internationally, to which the Senior Transportation Coordinator responded in the affirmative; stated staff is looking at other examples, such as one in Portland, Oregon; while the bridge is not being designed yet, staff is always curious and Regular Meeting Alameda City Council November 21,2023 13 interested about other bridges. Councilmember Herrera Spencer stated Alameda has a bike-pedestrian bridge that fits the design of the other bridges; inquired if there was a reason why this bridge cannot be similar; stated boaters in the Marinas have complained about the designs and their impacts. The Senior Transportation Coordinator stated the bridge is very low and close to the water in an area with very little maritime traffic comparatively; if the bridge is higher, it needs more ramping and curves to get people up higher; all need should be balanced. In response to Councilmember Herrera Spencer's inquiry about the distance, the Senior Transportation Coordinator stated it depends on the bridge height; stated the estimate is about 2,500 to 3,000 feet. Vice Mayor Daysog inquired whether there will be an overlook so people may spend time on the bridge, to which the Senior Transportation Coordinator responded in the affirmative. Vice Mayor Daysog inquired if the part of the bridge that rises would be separate from where people might be able to fish. The Senior Transportation Coordinator responded although it has not yet been tackled, she believes people who fish will have to be lower to the water, which would not be near the highest raising part of the bridge. Councilmember Jensen inquired whether the bridge would need barriers so there is no potential for people to jump or dive, to which the Senior Transportation Coordinator responded in the affirmative. Councilmember Herrera Spencer inquired if the cost of having the bridge be used for automobiles could be included, to which the Senior Transportation Coordinator responded in the negative; stated the option is not being pursued mainly because there are two tubes and four bridges so there are a lot of ways for cars to get on and off the Island; putting a bridge somewhere would mean directing more traffic through neighborhoods; Oakland would not support a new auto bridge. Councilmember Herrera Spencer stated an earthquake could cause the tubes to be damaged and never repaired; inquired if it is staff's position is the tubes will always be there, even after significant earthquakes may cause damage. The Senior Transportation Coordinator responded that she has not heard CalTrans make a statement about the bridges not being repaired. Councilmember Herrera Spencer inquired if the issue could be added to the report, to which the Senior Transportation Coordinator responded in the affirmative. Vice Mayor Daysog inquired if staff has considered a bridge location relative to possible underwater BART so engineering is done in a fashion where both work together and do not get in the way of each other, to which the Senior Transportation Coordinator responded in the affirmative; stated both projects are in early stages; staff will look at the matter more closely as the project progresses. Regular Meeting Alameda City Council November 21,2023 14 Expressed gratitude and support for progress made on the project over the years: Cyndy Johnsen, BikeWalk Alameda. Stated that he bikes through the tunnel once a month; he does not support the bridge: Jim Strehlow, Alameda. Expressed support for reviewing Option 3; the staff report should include another mode of transportation, such as mini-electric buses; staff should survey the public to see where people are commuting; expressed concern about the money for this project and where it is coming from: Carmen Reid, Alameda. (23-684) Mayor Ezzy Ashcraft stated a motion is needed to consider remaining items the AUSD easement [paragraph no. 23-685] the ATMA lease [paragraph no. 23-686], the Raimi agreement [paragraph no. 23-687] and the two Referrals; suggested hearing the AUSD easement and continuing the other two items to the December 5, 2023 Council meeting under Continued Items. Councilmember Herrera Spencer suggested the Referrals be moved to Continued Items on December 5, 2023. Councilmember Vella moved approval of the Mayor's suggestion [hearing the AUSD lease and continuing the ATMA lease and Raimi agreement]. Councilmember Jensen seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: No; Jensen: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 4. Noes: 1. *** Expressed concern about the usage of the bridge; stated it is large and expensive and not all stakeholders have been included; there is good data from the Alameda free shuttle; inquired if the data has been studied, as well as the usage of local footbridges, like the one in Richmond; stated water taxi service is a potential bridge alternative and will be opening in Spring: Christi Ng, Alameda. Stated surveys have not been statistically significant and the general public has not been sampled; expressed concern about not keeping track of staff time: Jay Garfinkle, Alameda. Stated that she does not support the project as it is unnecessary and overpriced; the project could be simplified by using a low-tech solution such as a shuttle stop or travel pad; she would like to see money go somewhere else: Shelby Sheehan, Alameda. Expressed concerns about the cost, crime and vandalism; stated there is a lot of vandalism by the Posey Tube; estimates seem low: Steve Chu, Alameda. Councilmember Vella moved approval of accepting the update. Councilmember Jensen seconded the motion. Regular Meeting Alameda City Council November 21,2023 15 Under discussion, Councilmember Herrera Spencer stated that she agrees with many of the speakers; expressed concern about the expenditure; stated operating and building will take a lot; users would have to go up an exponential number to make the project make sense; the shuttle has been announced and is something the community supports; expressed concern about crime; stated people have chosen to drive rather than take public transportation because of safety concerns; stated that she will not be supporting the update. Mayor Ezzy Ashcraft discussed her experiences using public transportation to attend meetings in Oakland and San Francisco; stated people may have different experiences. Vice Mayor Daysog stated there is community interest and support for the project; cost is important; Alameda cannot pay for the bridge at this time, but it would be great if the County and State are willing to come up with the funding; expressed his support. Mayor Ezzy Ashcraft stated the City has never considered funding the bridge; federal, State and regional money are being looked at; people are excited about the bridge and want safe alternatives to get out of cars. Councilmember Herrera Spencer stated that she has changed her position on this item as new numbers and other information she asked for was not presented; she also takes BART and the bus regularly and has seen an increase in crime. On the call for the question, the motion carried by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: No; Jensen: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 4. Noes: 1. (23-685) Introduction of Ordinance Authorizing (1) the Transfer of 0.65 Acres to the Alameda Unified School District AUSD), (2) the Conveyance of an Easement to AUSD for Parking and Access Purposes, (3) the Acceptance of an Easement from AUSD for Parking and Access Purposes, and (4) the City Manager to Execute All Necessary Documents in Connection Therewith to Facilitate the Renovation and Rebuild of Wood Middle School. Introduced. The Assistant City Manager gave a Power Point presentation. Mayor Ezzy Ashcraft inquired how many votes were needed on this item. The City Attorney stated reciprocal easements require three and transfer of properties require four. Mayor Ezzy Ashcraft stated there are only four councilmembers left; inquired if everyone might be inclined to support the requests, otherwise she would request the item not be heard tonight. Councilmember Jensen stated she would support the item. Vice Mayor Daysog stated he would support the item. Councilmember Herrera Spencer stated the School District would like parking spaces during school hours and the public could uses the spaces when not being used; she would like to make sure the documents have been modified so the City would always have complete access and the District would not be able to claim spaces and restrict times. Regular Meeting Alameda City Council November 21,2023 16 The Assistant City Manager stated the public access is reciprocal; language is included to have no delineation of the number of parking spaces between either entity; staff will be finalizing documents and can take direction. Councilmember Herrera Spencer stated that she is in support as long as parking is public 24 hours a day, 7 days a week. The City Attorney stated if Council directs staff to do so, it will be implemented. Mayor Ezzy Ashcraft inquired what would happen if it does not work for the School District. The City Manager stated the ordinances was revised so the District is not able to restrict the parking. In response to Councilmember Herrera Spencer, the City Attorney stated the ordinance gives the direction, but the property transfer documents are not drafted; staff will do so in compliance with the ordinance and Council direction. Councilmember Herrera Spencer inquired whether the ordinance provides the 24/7 access to the public and that is what that change was and what the document should reflect. Mayor Ezzy Ashcraft responded it is reflected on the bottom of page 1 of the revised ordinance. Councilmember Herrera Spencer stated she would like staff confirmation on the record; inquired if the documents will reflect 24/7 public use, to which the City Attorney responded in the affirmative. Stated Recreation and Parks typically partners with the School District; discussed parking situation at the O'Club: Shelby Sheehan, Alameda. Councilmember Jensen moved approval of the staff recommendation [including introduction of the ordinance]. Vice Mayor Daysog seconded the motion. Under discussion, Councilmember Herrera Spencer inquired about the O'Club parking lot. Mayor Ezzy Ashcraft inquired if the O'Club parking lot is being discussed. Councilmember Herrera Spencer stated a speaker asked whether it could be addressed as part of this item; inquired if giving the School District access could be done in return for access to the parking lot at the O'Club as part of this agreement. Mayor Ezzy Ashcraft expressed concern about the question being in violation of the Brown Act; stated a side agreement with the O'Club cannot be discussed. The City Attorney requested clarification about the inquiry; inquired if Councilmember Herrera Spencer is asking whether the City can ask for additional terms for the agreement, to which Councilmember Herrera Spencer responded in the affirmative. Regular Meeting Alameda City Council November 21,2023 1 7 In response to Mayor Ezzy Ashcraft's request, Councilmember Jensen withdrew the motion. Councilmember Jensen moved approval of moving the item to Continued Items at the December 5, 2023 regular meeting. Councilmember Herrera Spencer inquired if the City Attorney is going to answer her question. Mayor Ezzy Ashcraft inquired if the City Attorney can discuss the matter under the Brown Act. The City Attorney stated, under the Brown Act, Council could direct staff to add or remove terms to the agreement, but he cannot answer because he does not know whether it is practicable. Vice Mayor Daysog seconded the motion. Under discussion, Councilmember Herrera Spencer stated that was not an answer to her question, she was asking whether it would be legal. Vice Mayor Daysog stated the City Attorney answered the question. Councilmember Herrera Spencer stated the City Attorney said it would be practicable but she asked if it would be legal. On the call for the question, the motion carried by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: Abstain; Jensen: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 3. Abstain: 1. [Absent: Councilmember Vella — 1.] (23-686) Introduction of Ordinance Authorizing the City Manager to Execute a Lease with the Alameda Transportation Management Association for a Single Office Space in City Hall West at Alameda Point for a Five-Year Lease Term with Base Rent of One Dollar Per Year. Continued to December 5, 2023. CONSENT CALENDAR - ITEMS REMOVED FOR DISCSSION (23-687) Recommendation to Authorize the City Manager to Execute a Two-Year Agreement with Raimi & Associates in an Amount Not-to-Exceed $225,000, Including Contingencies, to Update the Climate Action and Resiliency Plan. Continued to December 5, 2023. CITY MANAGER COMMUNICATIONS (23-688) The City Manager announced a Winter Lights Ceremony Fest from 5:30 to 6:00 p.m. in front of City Hall on December 2nd with a hot cocoa crawl after, a community workshop for the Fernside Boulevard Traffic Calming and Bikeways Project on December 4th and an Alameda Point building tour at 8:30 a.m. on December 8th ORAL COMMUNICATIONS, NON-AGENDA (23-689) Amina Hakim, Alameda Friends and Family for Ceasefire, stated Alameda should follow suit in what most cities have already done and call for a resolution that calls for a permanent ceasefire. Regular Meeting Alameda City Council November 21,2023 1 8 (23-690) Saida Adem, Oakland, asked Alameda to call for a permanent ceasefire. (23-691) Shukria Hakim, San Leandro, asked for a permanent ceasefire. (23-692) Sumaya Alkatib, Alameda, asked for a permanent ceasefire. (23-693) Denis Carroll, Alameda, stated people should be allowed to speak from home; he would like to speak about the Marina Village Inn and how it has been repurposed as Eddie's Place; there was no public approval process or public comment; it has had adverse impacts on the community; more security and screening is needed. (23-694) Carlos asked for a permanent ceasefire in Gaza and the West Bank. (23-695) Summer asked for a permanent ceasefire in Gaza and the West Bank. (23-696) Eyman asked for a permanent ceasefire in Gaza and the West Bank. (23-697) Nadine asked for a permanent ceasefire in Gaza and the West Bank. (23-698) Cam Bui, Alameda, asked for a permanent ceasefire in Gaza and the West Bank. (23-699) Ibraheem Azam asked for a permanent ceasefire in Gaza and the West Bank. COUNCIL REFERRALS (23-700) Consider Directing Staff to Draft an Ordinance Amending the Sunshine Ordinance to Move to a Hearing Officer Model to Hear Sunshine Ordinance Complaints. (Mayor Ezzy Ashcraft and Councilmember Jensen) Not heard. (23-701) Consider Directing Staff to Draft an Ordinance Prohibiting Animal Testing and Experimentation on Property Owned or Controlled by the City of Alameda. (Councilmembers Herrera Spencer and Vella) Not heard. COUNCIL COMMUNICATIONS Not heard. ADJOURNMENT There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 11:50 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Sunshine Ordinance. Regular Meeting Alameda City Council November 21,2023 19