City Council

City of Alameda Meeting Agenda City Council Tuesday, April 2, 2019 7:00 PM City Hall, 2263 Santa Clara Avenue, Council Chambers, 3rd Floor, Alameda CA 94501 SPECIAL CITY COUNCIL MEETING - 5:00 P.M. Pledge of Allegiance 1 Roll Call - City Council 2 Agenda Item 2-A 2019-6344 Recommendation to Provide Direction to Staff Regarding Various Amendments to the City’s Rent Review, Rent Stabilization, and Limitations on Evictions Ordinance (No. 3148) Which May Include Amending Various Sections of Article XV of Chapter VI Concerning Review of Rent Increases, Limitations on Evictions, Eliminating the Sunset Clause, and Making Clarifying Amendments; and Public Hearing to Consider an “Ellis Act” Policy and Adoption of Resolution Adopting a Policy Concerning the Requirements, Procedures, Restrictions and Mitigations Concerning the Withdrawal of Residential Rental Units From Rent or Lease (Ellis Act Policy). (Housing 265) Attachments: Exhibit 1 - Ellis Act Policy Exhibit 2 - Summary of Council Direction and Staff Recommendations Exhibit 3 - Additional Staff Recommendations Exhibit 4 - Rent Stabilization Ordinance Review Resolution Correspondence Presentation 3 Adjournment - City Council REGULAR CITY COUNCIL MEETING - 7:00 P.M. 1 Roll Call - City Council City of Alameda Page 1 Printed on 4/2/2019 City Council Meeting Agenda April 2, 2019 2 Agenda Changes 3 Proclamations, Special Orders of the Day and Announcements - Limited to 15 minutes 3-A 2019-6697 Proclamation Declaring April 2019 as Parkinson’s Awareness Month. (City Manager 2110) 3-B 2019-6703 Proclamation Declaring April 8 through April 12, 2019 at National Boys and Girls Club Week. (City Manager 2110) 4 Oral Communications, Non-Agenda (Public Comment) - A limited number of speakers may address the Council regarding any matter not on the agenda; limited to 15 minutes; additional public comment addressed under Section 8 5 Consent Calendar - Items are routine and will be approved by one motion unless removal is requested by the Council or the public 5-A 2019-6727 Minutes of the Special and Regular City Council Meetings Held on March 5, 2019. (City Clerk) 5-B 2019-6721 Bills for Ratification. (Finance) Attachments: Bills for Ratification 5-C 2019-6679 Recommendation to Authorize the Interim City Manager to Accept the Work of TriPointe Homes, for Tract 8131, Alameda Landing Phases I, II, and III. (Public Works 4210310) 5-D 2019-6696 Recommendation to Authorize the Interim City Manager to Award a One-Year Contract in the Amount Not to Exceed $128,230, including Contingency, to Ninyo & Moore for the Cross Alameda Trail/Ralph Appezzato Memorial Parkway Improvements, No. P.W. 03-18-11. (Public Works 310) Attachments: Exhibit 1 - Contract 5-E 2019-6666 Adoption of Resolution Amending the City of Alameda Emergency Operations Plan (EOP). (Fire 3240) Attachments: Exhibit 1 - 2019 EOP Basic Plan Draft Resolution 5-F 2019-6689 Introduction of Ordinance Authorizing the Interim City Manager to Execute a Fifteen-Year Lease with Two Five-Year Options to Extend, Substantially in the Form of the Attached, with Nautilus Data Technologies, Inc., a Delaware Corporation, for Building 530, an 82,251-Square Foot Building Located at 120 West Oriskany Avenue, and the Adjacent Building 529, a 3,200-Square Foot Building, and City of Alameda Page 2 Printed on 4/2/2019 City Council Meeting Agenda April 2, 2019 Building 600, a 343-Square Foot Building, at Alameda Point. (Base Reuse 819099) Attachments: Exhibit 1 - Premises Exhibit 2 - Form of Lease Exhibit 3 - Letter of Interest Exhibit 4 - Trade Council Letter of Support Exhibit 5 - Water Intake and Discharge Paths Exhibit 6 - Stockton Environmental Approvals Exhibit 7 - Permit Agencies and Requirements Ordinance Presentation by Nautilus 5-G 2019-6614 Continued Public Hearing (of Item 6-E on the March 19, 2019 City Council Agenda) to Consider Adoption of Resolution Denying the Appeal and Remanding the Design Review for a 96-Room Hotel with 62 Parking Spaces at 1825 Park Street (PLN17-0538) for Further Consideration by the Planning Board (for Reasons Independently Considered by the City Council that Were Not Raised in the Appeal). (Planning, Building & Transportation 481005) [Please note: Public Comment was closed on March 19, 2019] Attachments: Exhibit 1 - Petition for Appeal Exhibit 2 - Planning Board Resolution and Staff Report Exhibit 3 - Project Plans Exhibit 4 - Demand Study Exhibit 5 - Valet Parking Plan Exhibit 6 - Economic Development Strategy Memorandum Presentation Resolution 6 Regular Agenda Items 6-A 2019-6691 Introduction of Ordinance Amending the Alameda Municipal Code by Eliminating the Sunset Clause (December 31, 2019) from Ordinance No. 3148 (City of Alameda Rent Review, Rent Stabilization, and Limitations on Evictions Ordinance). (Rent Stabilization 265) Attachments: Ordinance 6-B 2019-6634 WITHDRAWN - Recommendation to Review the Rent Review Advisory Committee (RRAC) Case regarding the Rent Increase at 434 Central Avenue, Apartment 111, and Issue a Non-Binding Decision. (Rent Stabilization 265) [Note: The landlord rescinded the rent increase.] City of Alameda Page 3 Printed on 4/2/2019 City Council Meeting Agenda April 2, 2019 Attachments: Exhibit 1 - Tenant Filing Exhibit 2 - Landlord Filing Exhibit 3 - February 4, 2019 RRAC Minutes Exhibit 4 - Letters - RRAC Decision Exhibit 5 - Tenant's Request for Council Review Exhibit 6 - Landlord's Request for Council Review Correspondence from Landlord 6-C 2019-6693 SUMMARY: Consider Four Cannabis Related Ordinances (as directed by the City Council on February 19, 2019) and Provide Direction on Phasing Cannabis Permits as Follows: Two Ordinances (A and B) to Repeal the Existing Cannabis Regulations; following a Public Hearing, Two Ordinances (C and D) to Adopt the Same or Similar Regulations; and Consider Phasing the Number of Dispensary/Delivery Permits through the Request for Proposals Process Recommendation to Consider (A) Introduction of Ordinance to Repeal in Its Entirety Ordinance No. 3227 Concerning Cannabis Regulations in Alameda Municipal Code Article XVI (Cannabis Businesses) of Chapter VI (Businesses, Occupations and Industries) that, Among Other Things, Establishes the Number of Retail Cannabis Dispensaries to be Open to the Public (including Delivery), Disperses Their Operations, Creates a Buffer Zone from Sensitive Uses, and Permits the Sale of Non-Medicinal Cannabis; (B) Introduction of Ordinance to Repeal in Its Entirety Ordinance No. 3228 Concerning Land Use Requirements in the Zoning Ordinance of Alameda Municipal Code Section 30-10 (Cannabis) that, Among Other Things, Permits Retail Cannabis Dispensaries in Certain Zoning Districts Subject to a Conditional Use Permit and Permits the Sale of Non-Medicinal Cannabis in Certain Zoning Districts; Public Hearing to Consider: (C) Introduction of Ordinance Concerning Cannabis Regulations in Alameda Municipal Code Article XVI (Cannabis Businesses) of Chapter VI (Businesses, Occupations and Industries) that, Among Other Things, Establishes the Number of Retail Cannabis Dispensaries to be Open to the Public (including Delivery), Disperses Their Operations, Creates a Buffer Zone from Sensitive Uses, and Permits the Sale of Non-Medicinal Cannabis; (D) Introduction of Ordinance Concerning Land Use Requirements in the Zoning Ordinance of Alameda Municipal Code Section 30-10 (Cannabis) that, Among Other Things, Permits Retail Cannabis City of Alameda Page 4 Printed on 4/2/2019 City Council Meeting Agenda April 2, 2019 Dispensaries in Certain Zoning Districts Subject to a Conditional Use Permit and Permits the Sale of Non-Medicinal Cannabis in Certain Zoning Districts; and Consider Phasing the Number of Dispensary/Delivery Permits through the Request for Proposals Process. (Community Development 481007) Attachments: Exhibit 1- Open Government Decision Exhibit 2 - Draft 2-19-2019 City Council Minutes Exhibit 3 - Map of Zones Exhibit 4 - Letter Exhibit 5 - Redlined Land Use Ordinance (C) Exhibit 6 - Redlined Regulatory Ordinance (D) Ordinance (A) - Land Use - Repeal Ordinance (B) - Regulatory - Repeal Ordinance (C) - Land Use Ordinance (D) - Regulatory Correspondence 6-D 2019-6720 Recommendation to Approve Agreement Appointing Eric J. Levitt as City Manager Effective April 10, 2019. (Human Resources 2510) Attachments: Exhibit 1 - Contract 7 City Manager Communications - Communications from City Manager 8 Oral Communications, Non-Agenda (Public Comment) - Speakers may address the Council regarding any matter not on the agenda 9 Council Referrals - Matters placed on the agenda by a Councilmember may be acted upon or scheduled as a future agenda item 10 Council Communications - Councilmembers can address any matter not on the agenda, including reporting on conferences or meetings 10-A 2019-6718 Status of the Emma Hood Swim Center at Alameda High School. 10-B 2019-6627 Review and Discuss Charter Amendment Timeline and Issues Proposed by the Council Subcommittee. [Continued from March 19, 2019 to April 2, 2019] Attachments: Process and Meeting Plan 10-C 2019-6641 February 2019 Topic Brief on Climate Action and Embodied Emissions. [Informational Only] (Councilmember Oddie) [Continued from March 19, 2019 to April 2, 2019] City of Alameda Page 5 Printed on 4/2/2019 City Council Meeting Agenda April 2, 2019 Attachments: Topic Brief 11 Adjournment - City Council • Meeting Rules of Order are available at: https://www.alamedaca.gov/Departments/City-Clerk/Key-Documents#section-2 • Translators and sign language interpreters will be available on request. Please contact the City Clerk at 510-747-4800 at least 72 hours prior to the meeting to request a translator or interpreter. • Equipment for the hearing impaired is available for public use. For assistance, please contact the City Clerk at 510-747-4800 either prior to, or at, the Council meeting. • Accessible seating for persons with disabilities, including those using wheelchairs, is available. • Please contact the City Clerk at 510-747-4800 or TDD number 510-522-7538 at least 48 hours prior to the meeting to request agenda materials in an alternative format, or any other reasonable accommodation that may be necessary to participate in and enjoy the benefits of the meeting. • Minutes of the meeting available in enlarged print. • The meeting will be broadcast live on the City’s website: https://www.alamedaca.gov/GOVERNMENT/Agendas-Minutes-Announcements • Documents related to this agenda are available for public inspection and copying at of the Office of the City Clerk, 2263 Santa Clara Avenue, Room 380, during normal business hours. • KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE: Government’s duty is to serve the public, reaching its decisions in full view of the public. Commissions, boards, councils and other agencies of the City of Alameda exist to conduct the citizen of Alameda’s business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people’s review. • FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE OR TO REPORT A VIOLATION OF THE ORDINANCE, CONTACT THE OPEN GOVERNMENT COMMISSION: the address is 2263 Santa Clara Avenue, Room 380, Alameda, CA, 94501; phone number is 510-747-4800; fax number is 510-865-4048, e-mail address is lweisiger@alamedaca.gov and contact is Lara Weisiger, City Clerk. • In order to assist the City’s efforts to accommodate persons with severe allergies, environmental illnesses, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to various chemical based products. Please help the City accommodate these individuals. City of Alameda Page 6 Printed on 4/2/2019