2023-12-19 Regular CC Minutes MINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- - DECEMBER 19, 2023- -7:00 P.M.
Mayor Ezzy Ashcraft convened the meeting at 7:04 p.m.
ROLL CALL - Present: Councilmembers Daysog, Herrera Spencer, Jensen, Vella,
and Mayor Ezzy Ashcraft— 5.
Absent: None.
AGENDA CHANGES
None.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(23-761) Mayor Ezzy Ashcraft read a proclamation declaring December 19, 2023 as Andrew
Thomas Day in the City of Alameda.
ORAL COMMUNICATIONS, NON-AGENDA
(23-762) Michael Wesolowski, Alameda Friends and Family for a Ceasefire, spoke about his
experience with religion.
(23-763) Lean De Leon, Alameda Island Filipinx, called for ceasefire in Gaza.
(23-764) Deborah Sullivan, Alameda, called for a ceasefire in Gaza.
(23-765) Serena Kohgadai, Alameda, called for a ceasefire in Gaza.
(23-766) Sayed "Mustafa" Sadat, Alamedan's for Cease Fire, called for a ceasefire in Gaza.
(23-767) Samantha Zimmerman, Alameda, called for a ceasefire in Gaza.
(23-768) Yuesen Yeun, Oakland, called for a ceasefire in Gaza.
(23-769) Maya Weetala, Alameda, called for a ceasefire in Gaza.
(23-770) Shelby Sheehan, Alameda, expressed concern about the City complying with the
California Environmental Quality Act (CEQA).
CONSENT CALENDAR
The City Clerk announced the public hearing [paragraph no. 23-774] and called for speakers.
Encouraged Council to approve the needs statement prepared by the SSHRB [paragraph no.
23-774] that recommends there be an emphasis on racial equity for affordable housing and
homeless services, amongst other topics: Scott Means, Social Service Human Relations Board
(SSRHB).
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Expressed concern about CEQA compliances regarding final passage of the AUSD ordinance
f paragraph no. 23-7771: Shelby Sheehan, Alameda.
Stated that he is not in support of the Rent CIP ordinance [paragraph no. 23-7791: Garfield
Kincross, Alameda Renters.
Stated that she is not in support of the CIP ordinance: Isabel Sullivan, Alameda.
Stated that she is not in support of the CIP ordinance: Nancy Lewis, Alameda.
Stated that she is not in support of the CIP ordinance: Stacey Rodrigues, South Shore Tenants
Association.
Stated there should be a relationship between landlords and renters: Ivan Rudenko, Alameda.
Stated that he is not in support of the CIP ordinance: Efrem Williams, Alameda.
Stated that she is not in support of the CIP ordinance: Cam Bui, Alameda.
Stated that she is not in support of the CIP ordinance: Toni Grimm, Alameda.
Stated that she is not in support of the CIP ordinance: Sharon Starmbaugh, Alameda.
Mayor Ezzy Ashcraft stated Council has heard a lot from the renter community; more and more
people are slipping into housing insecurity and homelessness; she would love to have
Councilmembers who voted in favor of the CIP reconsider, vote down the ordinance and
support the modified ordinance previously approved.
Councilmember Herrera Spencer inquired if the CIP has a low-income exemption, to which the
City Attorney responded in the affirmative.
Councilmember Herrera Spencer inquired if the CIP proposed ordinance has caps on the
amount of pass through, to which the City Attorney responded in the affirmative
Councilmember Herrera Spencer inquired if there is a pass through on fair return.
The City Attorney responded fair return is a federal constitutional requirement not governed by
local law.
Councilmember Herrera Spencer inquired if fair return could result in a pass through.
The City Attorney responded it would result in a rent increase if approved.
Councilmember Herrera Spencer inquired if there are any low-income exemptions on said rent
increase.
The City Attorney stated a renter's income does not come into play in a fair return application.
Councilmember Herrera Spener inquired whether fair return applications have any caps on the
amount of the rent increase.
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The City Attorney responded the matter is not governed by local law so the City cannot legislate
a cap; the legislation impose a cap of what the landlords can demonstrate as part of the
application.
Councilmember Herrera Spencer stated the proposed ordinance has a cap on the amount of
pass through; inquired whether there is a cap on the amount of rent increase, to which the City
Attorney responded in the negative.
Councilmember Vella stated her preference is there be time for more input and notice be given
to residents.
Vice Mayor Daysog inquired if the ordinance incorporates hardship for families who are either
low-income, very low-income, or extremely low-income making them not subject to the CIP, to
which the City Attorney responded in the affirmative.
Vice Mayor Daysog inquired if staff has thought about ways to better communicate that there
are hardships for low, very low, and extremely low-income families.
Mayor Ezzy Ashcraft stated teachers would not qualify for the low-income provisions and cannot
afford to live in the City, making it hard to hire teachers.
Vice Mayor Daysog stated there are hardships for those most at risk; inquired if staff has
thought about strategies to communicate hardship exemptions.
The City Attorney responded the rent program engages in monthly workshops for landlords and
tenants to provide information about all aspects of the rent control ordinance; stated the
changes adopted by Council would be incorporated into the workshops in the new year.
The Rent Program Director stated the rent program is looking at updating all CIP materials,
including the websites and forms once the ordinance is adopted.
Councilmember Vella inquired what is the income level is to qualify.
The Rent Program Director responded as currently drafted, the provision is available to those
who make 80% or less of the area median income.
Councilmember Vella inquired how much that is.
The Rent Program Director responded it varies based on household size; stated Council could
give staff direction to use a different standard for the tenant hardship provision; in addition to the
area median income, tenants in a public assistance program would also qualify.
Councilmember Vella stated people are one bad day away from losing housing; she is not in
support of the ordinance; if Council moves forward, she asks that the hardship provision come
back to Council in a timely manner; there is a significant problem with the 80% threshold based
off the cost of living; few people are going to have access to the provision; in order to qualify for
public assistance, it requires documentation that some may not have or be comfortable
submitting; privacy issues and processes need to be addressed.
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The Rent Program Director stated for Alameda County, 80% of the area median income would
range from $78,000 annually for a one-person household up to about $148,000 annually for an
eight-person household.
Councilmember Herrera Spencer inquired whether the numbers include benefits or if staff is
only looking at the gross income.
The Rent Program Director responded it is based on income; stated staff looks at income
reported on taxes.
Councilmember Vella expressed concern about the amount being $78,000 annually; stated
reducing the amount of federal and state taxes taken makes the number not $78,000;.
Vice Mayor Daysog inquired whether the CIP hardship is based upon a net income or the gross
income of$78,000.
The Rent Program Director responded it would be based upon gross income; stated the details
are identified in the ordinance and could be changed with Council direction.
Councilmember Jensen stated Council established a moratorium on CIP for buildings with more
than 25 units; inquired what the CIP policy was until that action.
The Rent Program Director responded prior to the moratorium, landlords of any size unit were
eligible to apply for a CIP and were eligible to pass 100% of the cost of improvements onto
tenants.
Councilmember Jensen inquired if there was a tenant hardship, to which the Rent Program
Director responded in the negative.
Councilmember Jensen inquired if the CIP was capped at a certain percentage of the annual
rent, to which the Rent Program Director responded in the negative;.
Councilmember Jensen inquired the ordinance establishes the hardship as well as a CIP cap, to
which the Rent Director responded in the affirmative.
Councilmember Jensen inquired what the amount the cap would be.
The Rent Program Director responded when there is a CIP application with a pass through,
staff would review the 5% cap; stated if the monthly pass through is more than 5% of the
tenant's rent, the amortization period would be extended to get it down to 5%; an annual rent
increase would be a combination of Annual General Adjustment (AGA), plus any eligible
banking, plus the maximum CIP pass through; if the combination adds up to more than 8%, less
than the maximum CIP pass through has to be taken or the banked amounts cannot be
implemented to get down to 8%.
Councilmember Jensen inquired if the policy change would limit CIP to 5% down from the
unlimited CIP that has been in place since the rent program was established, to which the Rent
Program Director responded in the affirmative.
Councilmember Jensen inquired whether tenants that meet certain income levels will not have
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to pay the CIP or would get a lower CIP.
The Rent Program Director responded tenants who meet the eligibility requirements for tenant
hardship, apply, and are approved would be exempt from any CIP pass troughs.
Councilmember Jensen acknowledged concerns about tenants that will be forced out of housing
due to the new CIP policy, which in fact establishes CIP barriers and limits for the first time;
inquired how Mayor Ezzy Ashcraft and Councilmember Vella were able to approve the initial
rent control policy.
***
(23-771) Mayor Ezzy Ashcraft stated she would like to make a motion to add more time;
requested everyone be brought up to two minutes.
Councilmember Jensen moved approval of giving each Councilmember 2 minutes to speak.
Councilmember Vella seconded the motion, which required four votes and failed by the
following voice vote: Ayes: Councilmembers Jensen, Vella and Mayor Ezzy Ashcraft — 3. Noes:
Councilmembers Daysog and Herrera Spencer—2.
Vice Mayor Daysog moved approval of giving each Councilmember an additional 1 minute.
Councilmember Herrera Spencer seconded the motion, which carried by unanimous voice vote
— 5.
***
Councilmember Vella stated that she was not part of the Council that voted on the original
ordinance, but she voted on the updated ordinance; it was not the intent of the current or
previous Council to stick with the structure, but rather add restrictions; if the desire is to move
forward, her hope would be Council gives direction to staff to consider the real cost of living.
Mayor Ezzy Ashcraft stated it was always known staff would be coming back; she would urge
her colleagues to adopt strong protections now; the threshold should be increased because
$78,000 in gross does not leave much monthly income; the middle class, families with children,
teachers, and childcare workers are being lost; more should be done to protect these people;
inquired if Councilmember Vella has any suggestions for what that might look like.
Councilmember Vella stated that she would direct staff to come back after meeting with different
stakeholder groups and get Council direction in the new year, as soon as possible.
Vice Mayor Daysog stated the point of having the number set for a household of one at roughly
$79,000 is so the household is saved from the burden of the CIP being passed on; the
household is eligible for a hardship so they do not have one more thing hoisted on them in
addition to other expenses; stated staff can come up with the area median.
Mayor Ezzy Ashcraft stated that she is trying to expand the pool of renters who do not have one
more thing hoisted on them.
Vice Mayor Daysog stated the ordinance does not hoist one more thing on them.
Councilmember Jensen inquired the number of renters who have lost housing due to rent
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December 19,2023 5
increase based on CIP during the last 6 years.
The Rent Program Director responded only one CIP has been approved and had costs passed
onto tenants; stated the increase happened in the last month; the larger displacement concern
comes from the current policy being available to landlords to permanently terminate a tenancy.
Mayor Ezzy Ashcraft stated increased rent can drive people away.
In response to Councilmember Jensen's inquiry about Southshore tenants, the City Attorney
stated there is no CIP pass through for properties over 25 units.
Councilmember Jensen inquired what the amount would be for tenants in apartments with less
than 25 units and an approved CIP.
The City Attorney responded there would be an 8% cap that includes the cost-of-living
adjustment, banking, and capital improvements.
Councilmember Jensen inquired if the 8% cap includes CIP and whether there can be no rent
increase above 8% with the ordinance, to which the City Attorney responded in the affirmative.
Councilmember Jensen inquired whether a lot of apartments in Alameda are not rent controlled.
The Rent Program Director responded every rental unit in the City is divided and classified as
either fully or partially regulated; the majority are fully regulated, meaning they are subject to the
annual adjustment rent cap.
Councilmember Jensen inquired if new buildings at Alameda Point and Northern Waterfront are
under rent control.
The Rent Program Director responded new construction after 1995 is considered partially
regulated, meaning it is not subject to the AGA, but is subject to the rent ordinance protections
for no fault terminations.
In response to Councilmember Jensen's inquiry, the Rent Program Director stated for any
partially regulated unit, due to State law, the City is not able to implement a cap on the rent
increase and the landlord is able to increase the rent by whatever amount desired.
Councilmember Jensen inquired if there is an opportunity for the City to develop rent control for
those units, to which the Rent Program Director responded in the negative; stated not as long
as current State law remains in place.
The City Attorney stated there is a State law that caps rent increases to 10%, which is not
regulated by the City's rent program but is likely applicable.
Councilmember Herrera Spencer stated some renters may not understand that newer
apartments do not fall under these rules being created; inquired when the matter last came to
Council.
The Rent Program Director responded staff has brought revisions to the CIP policy to Council
since 2021.
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Councilmember Herrera Spencer inquired if the current CIP policy was adopted in 2022, to
which The Rent Program Director responded in the negative; stated the current CIP policy
remains the policy that was initially passed in 2016 with the first rent stabilization ordinance.
Councilmember Herrera Spencer stated she was on Council in 2016 and is unsure whether or
not she supported it, but assumes she did not; requested clarification on whether staff has not
been able to get majority of Council to support changing the policy since 2016.
The Rent Program Director stated each time staff brought the revised CIP policy to Council, the
direction has been to do additional research and meet with stakeholders.
Councilmember Herrera Spencer stated that she will be supporting the ordinance; inquired if
someone can make a referral or if there can be modifications in the future, to which the City
Attorney responded in the affirmative.
Councilmember Herrera Spencer stated there is a process where it can come back again, but
she is happy to support the ordinance as is.
Councilmember Vella inquired what the income level for a family of four must be to qualify.
The Rent Program Director stated it is roughly $112,000 in gross income.
Councilmember Vella stated to be clear, the City will not give hardship to those taking home
less than $80,000.
Vice Mayor Daysog stated the number is $112,000.
Councilmember Vella clarified the amount is net income; taxes have to be taken out.
Mayor Ezzy Ashcraft and Councilmember Vella recorded no votes on final passage of the CIP
ordinance.
Councilmember Herrera Spencer moved approval of the Consent Calendar.
Councilmember Jensen seconded the motion, which carried by unanimous voice vote - 5. [Items
so enacted or adopted are indicated by an asterisk preceding the paragraph number.]
(*23-772) Minutes of the Special and Regular City Council Meetings Held on November 21,
2023. Approved.
(*23-773) Ratified bills in the amount of$2,779,122.12.
(*23-774) Public Hearing to Consider Approving the Housing and Community Development
Needs Statement for the Community Development Block Grant Annual Plan for Fiscal Year
2024-25. Accepted.
(*23-775) Recommendation to Authorize the City Attorney to Execute a Five-Year Agreement
with 3Di Inc. for Database Maintenance for the Alameda Rent Program's Online Rent Registry
in an Amount Not-to-Exceed $250,000. Accepted.
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(*23-776) Resolution No. 16126, "Setting the 2024 Regular City Council Meeting Dates."
Adopted.
(*23-777) Ordinance No. 3359, "Authorizing (1) the Transfer of 0.65 Acres of City Property to
the Alameda Unified School District (AUSD), (2) the Granting of a Reciprocal Easement on City
Property from the City to AUSD for Public Access, Public Parking and Use Purposes on a 24/7
Basis, (3) Accepting a Reciprocal Easement from AUSD for Public Access, Public Parking and
Use Purposes on a 24/7 Basis, and (4) the City Manager to Execute All Necessary Documents
in Connection Therewith to Facilitate the Renovation and Rebuild of Wood Middle School."
Finally passed.
(*23-778) Ordinance No. 3360, "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." Finally
passed.
(23-779) Ordinance No. 3361, "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 for Properties that Have 25 or More
Rental Units and Making Other Necessary Updates." Finally passed.
Since Councilmember Vella and Mayor Ezzy Ashcraft recorded a no vote, the item carried by
the following vote: Ayes: Councilmembers Daysog, Herrera Spencer and Jensen — 3. Noes:
Councilmember Vella and Mayor Ezzy Ashcraft—2.
CONTINUED AGENDA ITEMS
None.
REGULAR AGENDA ITEMS
(23-780) Presentation of Diversity, Equity, Inclusion, and Belonging Plan Recommendations
from the City Staff Led Equity Working Group.
***
(23-781) Mayor Ezzy Ashcraft suggested providing 5 extra minutes for the presentation.
Councilmember Jensen moved approval of allowing an extra 5 minutes.
Vice Mayor Daysog seconded the motion.
Under discussion, Councilmember Herrera Spencer suggested Council also be given extra time.
On the call for the question, the motion carried by unanimous voice vote — 5.
***
The Communications and Legislative Affairs Officer and City Manager made brief introductory
comments.
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The City Manager, Administrative Services Coordinator and Intermediate Clerk gave a Power
Point presentation.
In response to Mayor Ezzy Ashcraft's inquired about the number of City employees, the City
Manager stated the total number of employees is over 1,000.
The Communications and Legislative Affairs Officer stated the survey was sent to employees
with a city email, which is just under 600; , there were 298 responses.
In response to Councilmember Jensen's inquired why the plan was established by staff rather
than hiring a consultant, the City Manager stated experts supported and helped the team; when
talking about culture change and organizational culture, it is important to have the effort driven
by employees and be grassroots; at some point, there might be a budget request related to
staffing, but it is not on the table currently.
Councilmember Jensen stated it looks like it has been successful so far and she looks forward
to hearing more.
Stated she has been a part of the equity working group from the beginning; expressed support
for the vision the group has worked on for the community and City employees: Mirna Moreno,
Alameda.
Inquired about the CEQA determination; stated she is glad this is employee led; expressed
concern about employee privacy: Shelby Sheehan, Alameda.
Stated that he worked with the equity working group and supports the effort: Walker Toma.
Mayor Ezzy Ashcraft stated that she is proud of the City for undertaking this endeavor; she
looks forward to Council training; the City wants to attract and retain exceptional employees and
can always learn and do better; she looks forward to next steps.
Councilmember Vella stated that she is grateful to everyone who responded and took the time
to participate in a meaningful way because it will lead to better outcomes, work environments
and conditions; this is also about transforming into healthier working environments as there is
stress at all different levels of the job; she is looking forward to the continued efforts.
Councilmember Herrera Spencer expressed concern about the initial report not including race
and religion; stated Council hired a consultant but the City Manager made the decision to no
longer work with them; the subject is serious and requires a consultant; expressed concern
about certain definitions; expressed concern about the focus being solely on employees; stated
there should also be goals focusing on community members and customer service; expressed
concern about examples used in the background; stated the City has a lot of part-time
employees who should have been included; stated she does not support DEIB, but rather DEIA;
there is a lot of work to be done.
Vice Mayor Daysog stated this work is important and he appreciates what was presented, which
is a great start; he believes taking public and Council input could go a long way to help
strengthen this more.
Councilmember Jensen stated what staff is doing is going to make a meaningful change and
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policy, rather than having a consultant; she would be happy to work more closely on this project
with everyone.
The City Manager stated staff worked with Seed Collaborative; they helped support staff,
conduct surveys, conducted listening sessions, and facilitated different working groups; moving
into the implementation phase, staff is looking to bring in support from another consulting
company, Circle Up Education, to do training for Council and bring a contract to Council to roll
out Citywide trainings.
Mayor Ezzy Ashcraft stated most of Council is supportive of this staff-led effort; Alameda has a
good reputation in the Bay and it is initiatives like this that keep adding to it.
Mayor Ezzy Ashcraft called a recess at 9:16 p.m. and reconvened the meeting at 9:30 p.m.
(23-782) Public Hearing to Consider Resolution No. 16127, "Approving a 12-Month Exclusive
Negotiating Agreement with Little Opera House Inc., dba Radium, for the Development of 2.13
Acres of Property on Pan Am Way at Alameda Point for a Performing Arts Center." Adopted;
and
(23-782A) Introduction of Ordinance Authorizing the City Manager to Execute a 12-Month
License for the Temporary Use of the Property for Performing Arts and Special Events.
Introduced.
The Special Advisor gave a Power Point presentation and Christopher Seiwald, Radium, gave a
brief presentation.
Councilmember Herrera Spencer expressed concern about the placement of the containers;
inquired what the plan is for the containers moving forward.
Mr. Seiwald stated the containers can move.
Councilmember Herrera Spencer requested clarification about the view corridor on the second
floor of the Naval Air Museum.
The Strategic Advisor stated the passenger lounge on the second floor has a great view over
the runways and water, which is identified as a character defining feature; trying to maintain the
view corridor is identified as important.
In response to Councilmember Herrera Spencer's inquiry about adding a building, the Strategic
Advisor stated if approved by Council, a year long process of designing a building that meets all
City regulations and is compatible with the Historic District will start; there will be input from the
Historic Advisory Board, the Planning Board, and the community on the designs; Council will
receive an update on the design process and the financial terms at month nine; there will be
recommendations, but Council would decide whether the project would proceed after a year.
Stated that she is in support of theproject: Rachel Lee, Alameda Civic Ballet.
Stated under CEQA, all projects in the Historic District must undergo further review: Shelby
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Sheehan, Alameda.
Expressed support for the project: Tina Blaine, Rhythmix.
Expressed support for the project: Jennifer Radakovich, Rhythmix.
Expressed support for the project: Adam Gillitt, Public Art Commission.
Expressed support for the project: Madlen Saddik, Chamber of Commerce,
Expressed support for the project: Doug Biggs, Alameda Point Collaborative.
Expressed support for the project: Cam Bui, Alameda.
Expressed support for the project: Liz Rush, Public Art Commission.
Expressed support for the project: Colin Blake, Anchor Alameda.
Expressed support for the project: Mark Farrell, Anchor Alameda.
Councilmember Jensen stated this is a tremendous resource and something Alameda has been
building towards for a long time; she is enthusiastic and supportive of the project.
Councilmember Jensen moved approval of the staff recommendation [including adoption of the
resolution and introduction of the ordinancel.
Councilmember Vella seconded the motion.
Under discussion, Vice Mayor Daysog stated this is an exciting project and he looks forward to
the coming months.
Councilmember Vella stated that she looks forward to seeing the project move forward.
Councilmember Herrera Spencer inquired if staff could address the City's requirements for
CEQA and how they are being met.
The Strategic Advisor responded a CEQA review has been done for the redevelopment of
Alameda Point; stated staff completed and updated review when the CEQA determination for
the General Plan update was approved in 2022; staff is aware of the environmental effects for
this kind of development; approval is just an agreement to talk and draft documents and plans
and does not result in the construction of anything; if physical changes are approved at the end
of the year, another CEQA determination will be needed at that point.
Councilmember Herrera Spencer inquired whether the City Attorney agrees, to which the City
Attorney responded in the affirmative.
Councilmember Herrera Spencer inquired how parking fits in with CEQA and where it will be
located for the facility.
The Strategic Advisor responded that will be part of the design process.
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Councilmember Herrera Spencer stated her understanding is parking will not be within the red
rectangle shown on the second page of the presentation.
The Strategic Advisor stated that may be true, however it has yet to be designed.
In response to Councilmember Herrera Spencer inquiry about nearby ferry parking, the
Strategic Advisor stated staff will look at public parking lots that are either already in existence
or are planned; as Alameda Point develops, where to best accommodate parking is going to be
addressed with each project.
Councilmember Herrera Spencer inquired why the red rectangle is not farther to the West.
The Strategic Advisor responded nothing prevents Council from changing the location; stated
the land is the area staff designated for a performing arts center in 2022.
In response to Councilmember Herrera Spencer's inquiry about the view corridor, the Strategic
Advisor stated the area is where staff thinks the primary view is from the upstairs lobby; the
process will require looking at the site to determine where the building goes, as well as looking
at Building 77 and how the buildings work together; ideally, a performing arts center will be next
door to a museum.
Councilmember Herrera Spencer inquired whether staff has had communications with the Naval
Air Museum which is interested in cooperating and coming up with a synergetic plan, to which
the Strategic Advisor responded in the affirmative.
Councilmember Herrera Spencer stated the Naval Air Museum has had many cultural events in
the parking lot.
In response to Mayor Ezzy Ashcraft's inquiry about the Brown Act, the City Attorney stated
Councilmembers may talk about the design of the project and what they would like to see as
part of the design.
Councilmember Herrera Spencer shared a picture taken from the second-floor window inside
the Naval Air Museum that speaks to the historical significance; inquired if the historical
significance could be explained and why it must be acknowledged and worked with.
The Strategic Advisor stated the City will have to consider how the buildings' design, placement,
size, and architecture impact the character defining features of the Historic District; the process
requires a certificate of approval from the Historic Advisory Board.
Councilmember Herrera Spencer stated earlier Mr. Seiwald said there are three important
things, one being location; inquired what the other two are, to which Mr. Seiwald responded
location, facility, and purpose.
Councilmember Herrera Spencer stated that she would like to submit a fourth, which is the
people that are part of the team; she has participated in multiple events out there and
encourages everyone to participate; the project is going to reflect the community and will be
amazing.
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Councilmember Vella stated that she hopes the steps laid out in the process are followed and
allow for design input from Council in the later stages as she appreciates all different views; she
wants to make sure the public understands Council is agreeing on the Exclusive Negotiating
Agreement; there will be time for input both from public and Council.
Mayor Ezzy Ashcraft stated that she is in support of the project.
On the call for the question, the motion carried by unanimous voice vote —5.
(23-783) Public Hearing to Consider Resolution No. 16128, "Amending Master Fee Resolution
No. 12191 to Add and Revise Recreation and Park Fees for Calendar Year 2024." Adopted.
The Recreation and Parks Director gave a Power Point presentation.
In response to Councilmember Jensen's inquiry about youth organizations, the Recreation and
Parks Director stated to be counted as an Alameda youth non-profit, 75% of the people in the
organization must be from Alameda.
Councilmember Jensen inquired why the distinction is not included for gym rentals.
The Recreation and Parks Director responded the primary usage of the gym facility is non-profit;
stated Alameda Vipers represents about 85% of the tournament usage at the facility; rental
rates for non-residents are being increased.
In response to Councilmember Jensen's inquiry, the Recreation and Parks Director stated there
are not many for-profit rentals at the gym currently; almost all rentals are by non-profits; staff is
proposing the one fee because there are almost no for-profit.
Councilmember Jensen stated that she has been told Alameda Youth Basketball is no longer
using the gym because the costs went up; she believes the increase will be a burden on Vipers
and local club basketball teams; Alameda Vipers make up 80% of the users at Alameda Point
Gym and have been for years so the increase is going to be directed at that organization; she
would like to hear other options staff has discussed.
The Recreation and Parks Director stated staff discussed the increase with the Alameda Vipers;
the Vipers did not think the fee was absurd, felt it was somewhat fair and requested it be phased
over two years, which staff is willing to do; there will be a $15 increase this year, followed by an
additional $15 next year; staff is looking at trying to cover some of the staffing costs, including
maintenance and waste; staff is trying to get the fee up to market rate.
Councilmember Jensen stated that she sees court facilities and rentals being increased by $2
an hour at Alameda Point Gym; inquired if pickle ball is available.
The Recreation and Parks Director responded pickle ball is currently being offered three days a
week for three hours a day; there is a drop-in fee of$5.
Councilmember Jensen inquired whether staff considered raising the fee since the hourly
basketball fee was increased so much.
The Recreation and Parks Director responded staff looked at all Alameda pickle ball space and
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is making sure there is an accessible place for the community to play.
Councilmember Jensen stated the City is fortunate to have the Alameda Point Gym because
there are so many courts available simultaneously; she appreciates the option to phase the fee
in over two years; a 60% increase seems burdensome and she is not convinced it is justified;
the Vipers are the only organization really using Alameda Point Gym; inquired about outside
soccer clubs and other organizations using athletic fields.
The Recreation and Parks Director responded a majority of the field is allocated to organizations
from Alameda; stated there is a great demand for many sports; there is not a lot of opportunity
for outside organizations.
Councilmember Jensen stated fees should be different for residents and non-residents; inquired
if the gym is used for Vipers practice or just tournaments.
The Recreation and Parks Director responded the gym is used for practices as well.
Councilmember Jensen stated that she understands tournament fees but not practice fees.
The Recreation and Parks Director stated the fee is $45 per hour for games and practices; the
only fee being changed is the tournament fee.
Councilmember Jensen inquired if members have access to the social hall at Mastick.
The Recreation and Parks Director responded members have access to the social hall during
the day if they are doing activities.
Councilmember Jensen inquired if it can be rented for bereavement services or other types of
social events, to which the Recreation and Parks Director responded in the affirmative; stated
there is no discount offered.
The Assistant City Manager stated there are no resident versus non-resident fees for
tournaments because it would be challenging to track; the Recreation and Parks Department
does track residential status of its organizations by getting a roster for each season; for
tournaments, the Vipers collect team registrations, not individuals, so there is no way to
determine a residential rate for tournaments.
***
(23-784) Mayor Ezzy Ashcraft moved approval of hearing the Public Art Master Plan [paragraph
no. 23-785], City Manager Communications and Oral Communications.
Councilmember Vella seconded the motion.
Under discussion, Councilmember Herrera Spencer inquired whether Council Communications
could be heard.
Mayor Ezzy Ashcraft amended the motion to add Council Communications allowing each
Councilmember 2 minutes.
Councilmember Vella seconded the amended motion, which carried by unanimous voice vote —
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December 19,2023 14
5.
Councilmember Vella stated a lot of time has been spent reviewing costs; the Alameda Point
Gym has been a struggle because there have been many capital improvements; a significant
amount of City funding has been spent on the improvements; her understanding is the
tournaments are used as a fundraising mechanism; increased costs could be passed onto
participating teams from other communities; she is okay doing a tiered increase but would like to
make sure the City gets to market; inquired whether there is an opportunity to do cost recovery
as part of the process when tournament schedules go out.
The Recreation and Parks Director responded the last allocation recently occurred and there will
not be another until mid-February; the rate increase could be considered for tournament fees
moving forward.
Councilmember Vella stated that she understands the request to tier it but she does not see a
way costs could not be recovered sooner.
The Assistant City Manager stated tournaments are generally eight hours; there is a $600
additional charge for a one-day tournament, which generally has 400 players.
Councilmember Vella stated a lot has been done to try and support different teams; the reason
costs have been so low up to this point is that increases were deferred in the past; the cost of
maintenance continues to go up; the City continues to dig itself into a hole; giving people time to
plan is important.
Vice Mayor Daysog stated a concern was raised by the Vice President of the Vipers; he
understands staff must attempt a fine balance; inflation hits everyone, including City Hall; he
appreciates staff's method; he is supportive of what staff has presented for the most part.
Mayor Ezzy Ashcraft stated a lot of Alameda's infrastructure, park structures, and recreation
facilities are older and require maintenance and there are costs; what has been proposed is
reasonable; she supports the staff recommendation.
Councilmember Herrera Spencer inquired about the consolidated fees for events and if the
$250 per hour fee applies to the Boys and Girls Club using the grass area in front of City Hall
West.
The Recreation and Parks Director responded the fee is for special events, such as large
outside planned events and is not targeted as a usage fee for small non-profit groups.
The Assistant City Manager stated the area is not under the Alameda Recreation and Parks
Department's purview so the fee would not apply; the organization works directly with the Base
Reuse Department to do a license agreement for the use.
Councilmember Herrera Spencer inquired if the fee is comparable.
The City Manager stated that she does not know the amount of the license fee.
Councilmember Herrera Spencer inquired if there have been discussions about paying $250 per
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December 19,2023 15
hour with the West End Arts District, which hosts Blues, Brews, and Barbecues, .
The Recreation and Parks Director responded staff did not have discussion with the group, but
the fee is lower than what was charged for the event; multiple facilities were rented with multiple
fees paid, which added up to more than the fee; he trying to clean it up, make it simpler and be
more realistic.
Councilmember Herrera Spencer expressed concern about the 65% increase, which is
dramatically more than other increases; inquired if staff has been able to circle back and if they
are okay with the increase.
The Recreation and Parks Director responded that he met with the Alameda Vipers to discuss
fees; they said the increase is high for one year and indicated the overall increase is not too
offensive, but asked if it could be done in two phases.
Councilmember Herrera Spencer inquired if another 33% increase should be anticipated once
$75 is reached, to which the Recreation and Parks Director responded in the negative; stated
the increase would get the rate back up to market.
Councilmember Herrera Spencer stated that she would support a 33% increase.
Councilmember Herrera Spencer moved adoption of the resolution as long as it is changed to
one charge of$15 the first year and another $15 the second year.
Councilmember Vella stated an e-mail from Mary Ann Carter indicated support for a tiered
increase; inquired if the increase is something amenable to staff, to which the Recreation and
Parks Director responded in the affirmative; stated staff would phase in the increase to $74 an
hour over the course of two years.
Councilmember Vella requested clarification of the motion; inquired whether the motion os to
move forward with staff's recommended changed, with the one augmentation being the phased
approach to the tournament, to which the Recreation and Parks Director responded in the
affirmative
Councilmember Vella seconded the motion.
Under discussion, Councilmember Jensen inquired if the master fee schedule will return to
Council next year, to which the Recreation and Parks Director responded in the affirmative;
stated staff brings the fees to Council annually.
Councilmember Jensen inquired if next year's tournament fees would be the remainder, to
which the Recreation and Parks Director responded in the affirmative.
Councilmember Jensen inquired if what is being established for this year is $30 instead of a $74
increase, which leads to the fee being increased by $14 next year.
The Recreation and Parks Director stated Council would have to adopt the amount next year;
this year a $15 per hour increase is being approved for the tournament fee, which is currently
$45.
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Councilmember Vella inquired if Council is approving a two-year fee change.
The Assistant City Manager stated Council has the authority to make changes when the matter
returns.
On the call for the question, the motion carried by unanimous voice vote - 5.
(23-785) Resolution No. 16129, "Adopting the Public Art Master Plan." Adopted.
The Development Manager and Jen Krava, Forecast Public Art, gave a Power Point
presentation.
Expressed support for the plan: Tina Blaine, Rhythmix.
Expressed support for the plan: Jennifer Radakovich, Rhythmix.
Expressed support for the plan: Adam Gillitt, Public Art Commission.
Expressed support for the plan: Liz Rush, Public Art Commission.
Mayor Ezzy Ashcraft inquired if there is a map of all the public art locations around the City, to
which the Development Manager responded in the affirmative.
Mayor Ezzy Ashcraft inquired where the map can be found.
The Development Manager responded on the Alameda Public Art; stated a link in the Master
Plan has an interactive map with information about the public art collection.
Mayor Ezzy Ashcraft encouraged people to check it out.
Councilmember Vella moved adoption of the resolution.
Councilmember Herrera Spencer seconded the motion.
Under discussion, Vice Mayor Daysog stated the matter is very important; thanked staff and
everyone who worked on the Plan.
Councilmember Jensen stated that she is excited to approve the Plan.
Councilmember Herrera Spencer encouraged the public to participate and visit Studio 23;
commended staff, Commission members, and local artists.
On the call for the question, the motion carried by unanimous voice vote - 5.
CITY MANAGER COMMUNICATIONS
(23-786) The City Manager announced CalTrans is closing the Posey Tube tonight for
maintenance from 10:00 pm to 4:30 am; East Bay Municipal Utility District is completing work on
Sherman Street and Clement Avenue; the City is working on restriping the surface roadway to
prevent vehicles from entering bike lanes; traffic signal phasing will remain the same; the Main
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Street Ferry Terminal is re-opening January 2; thanked Supervisor Lena Tam's office for
presenting the City with a check for $5,000 to support the City's youth summer internship
program; stated the City continues to support local shopping with free parking on Saturdays for
the rest of the month at Civic Center garage and West End lot.
ORAL COMMUNICATIONS, NON-AGENDA
(23-787) Claire Valderama-Wallace, Alameda Families and Friends for Ceasefire, called for a
ceasefire in Gaza.
(23-788) Laura Thomas, Alameda, called for a ceasefire in Gaza.
(23-789) Cynthia Minster, Alameda, urged Council to continue working on local issues; stated
citizens should advocate on foreign policy at the federal level.
(23-790) Michael Yoshii, Alameda Families and Friends for Ceasefire, called for a ceasefire in
Gaza.
(23-791)Ashley, Alameda Families and Friends for Ceasefire, called for a ceasefire in Gaza.
(23-792) Josh Altieri, Housing Authority, provided a Housing Authority update.
(23-793) Ysrael Quezan, Alameda Families and Friends for Ceasefire, called for a ceasefire in
Gaza.
COUNCIL REFERRALS
(23-794) 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.
(23-795) 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.
(23-796) Consider Providing Direction to Staff to Allow Remote Public Participation under Oral
Communications, Non-Agenda (Public Comment) and Clarify who has Authority to Make Such
Decisions in the Future. (Councilmember Herrera Spencer) Not heard.
COUNCIL COMMUNICATIONS
(23-797) Councilmember Herrera Spencer shared recent police incident reports.
(23-798) Councilmember Vella thanked the City Manager and staff for the holiday party;
expressed appreciation to Firefighters for the Toy Drive; stated that she attended several
events, such as the League of California Cities League Leaders meeting; she is glad the
community has been able to gather and take time to celebrate; expressed appreciation for the
Alameda Point tour and the work that went into making it a success.
(23-799) Vice Mayor Daysog stated that he and Councilmember Jensen attended the AC
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Transit liaison meeting; he also attended the US Coast Guard breakfast and All-Hands
Ceremony on behalf of the Mayor; he had coffee with Rabbi Minster; he attended the Alameda
Point Leasing Tour, the Alameda Holiday City Tree Lighting Ceremony, and the Southshore
Menorah Lighting.
(23-800) Councilmember Jensen stated that she and Vice Mayor Daysog attended the AC
Transit meeting; she appreciates commentors who have come to share their views, thoughts,
and information about Palestine; encouraged everyone to attend youth basketball games.
(23-801) Mayor Ezzy Ashcraft stated that she attended the League of California Cities Board of
Directors meeting with Councilmember Vella and voted on the legislation that will be pursued
and supported for the coming year; she attended the City Lights celebration, a Menorah Lighting
at Upper Washington Park and Temple Israel's menorah lighting at Southshore Center.
ADJOURNMENT
There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 11:52 p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Sunshine Ordinance.
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