City Council

City of Alameda Meeting Agenda City Council Tuesday, July 21, 2020 7:00 PM City Hall, 2263 Santa Clara Avenue, Council Chambers, 3rd Floor, Alameda CA 94501 The agenda was revised: - July 15, 2020 at 11:00 a.m. to add July 14, 2020 continued items at 5:00 p.m. and 7:02 p.m.; - July 14, 2020 at 7:00 p.m. to remove Item 6-C and add a new Item 2-D to the 7:01 p.m. special meeting; and - July 14, 2020 at 3:30 p.m. to add a new closed session item (4-F) and a new 7:01 p.m. special meeting Due to Governor Executive Order N-29-20, Councilmembers can attend the meeting via teleconference. The City will allow public participation via Zoom. Please be sure to have the most current version of Zoom and register here: https://alamedaca-gov.zoom.us/webinar/register/WN_-RCw706HRley8mfnTdDqfA Members of the public can also watch the meeting via livestream (http://alameda.granicus.com/MediaPlayer.php?camera_id=3) and address the City Council during the meeting via email (clerk@alamedaca.gov), text (510-747-4802) or voicemail (510-747-4802). Comments submitted during the meeting will be read into the record, subject to speaker time limits. Comments submitted prior to the meeting will be included in the meeting record, but will not be read. Any requests for reasonable accommodations from individuals with disabilities should be made by contacting the City Clerk’s office (clerk@alamedaca.gov or 510-747-4800). City Hall will be NOT be open to the public during the meeting. CONTINUED July 14, 2020 SPECIAL CITY COUNCIL MEETING - CLOSED SESSION - 5:00 P.M. 1 Roll Call - City Council 2 Adjournment to Closed Session to consider: 3-A 2020-8169 PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code § 54957 City of Alameda Page 1 Printed on 7/27/2020 City Council Meeting Agenda July 21, 2020 Positions Evaluated: City Manager - Eric Levitt 3 Announcement of Action Taken in Closed Session, if any 2020-8201 July 21, 2020 5:00 PM Closed Session Announcement Attachments: Announcement 4 Adjournment - City Council REVISED SPECIAL MEETING - 5:30 P.M. 1 Roll Call - City Council 2 Consent Calendar - Items are routine and will be approved by one motion unless removal is requested by the City Council or the public 2-A 2020-8157 Recommendation to Approve Amy Wooldridge, Recreation and Parks Director, Eric Levitt, City Manager, and Michael Roush, Chief Assistant City Attorney as Real Property Negotiators with Alameda Unified School District for the Joint Use Agreement for Operation and Maintenance of District Swimming Pools. (Recreation 280) 3 Public Comment on Closed Session Items - Anyone wishing to address the Council on closed session items may speak for 3 minutes per item 4 Adjournment to Closed Session to consider: 4-A 2020-8168 CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) PROPERTY: Swim Centers at Alameda High School, 2200 Central Avenue and Encinal High School, 210 Central Avenue CITY NEGOTIATORS: Eric Levitt, City Manager, Michael Roush, Chief Assistant City Attorney, Amy Wooldridge, Recreation and Parks Director NEGOTIATING PARTIES: City of Alameda and Alameda Unified School District UNDER NEGOTIATION: Terms for the Encinal and Alameda High School Swim Centers Joint Use Agreement for maintenance and operations 4-B 2020-8158 CONFERENCE WITH LEGAL COUNSEL WORKERS’ COMPENSATION CLAIM (Pursuant to Government Code § 54956.95) Claimant: Employee - Fire Department Claim Nos.: ALAZ-005257 and ALAY-005163 Agency Claimed Against: City of Alameda City of Alameda Page 2 Printed on 7/27/2020 City Council Meeting Agenda July 21, 2020 4-C 2020-8175 CONFERENCE WITH LEGAL COUNSEL WORKERS’ COMPENSATION CLAIM (Pursuant to Government Code § 54956.95) Claimant: Employee - Fire Department Claim Nos.: ALAW-004967 and ALAR-004680 Agency Claimed Against: City of Alameda 4-D 2020-8176 CONFERENCE WITH LEGAL COUNSEL WORKERS’ COMPENSATION CLAIM (Pursuant to Government Code § 54956.95) Claimant: Employee - Fire Department Claim Nos.: ALAU-004791, ALAX-005107, and ALAY-005194 Agency Claimed Against: City of Alameda 4-E 2020-8135 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Requests for the City to participate as amicus in pending litigations: (Pursuant to Government Code § 54956.9) Case Name: Fulton v. City of Philadelphia Court: United States Supreme Court Case Number: 19-123 4-F 2020-8185 CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) PROPERTY: Site A at Alameda Point PERSONS NEGOTIATING: Eric J. Levitt, City Manager, Debbie Potter, Community Development Director, Michelle Giles, Redevelopment Project Manager and Lisa Nelson Maxwell, Assistant City Attorney NEGOTIATING PARTIES: City of Alameda and Alameda Point Partners UNDER NEGOTIATIONS: Price and terms 5 Announcement of Action Taken in Closed Session, if any 2020-8202 July 21, 2020 Closed Session Announcement Attachments: Announcement 6 Adjournment - City Council SPECIAL JOINT MEETING OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE COMMUNITY IMPROVEMENT COMMISSION (SACIC) - 6:59 P.M. Pledge of Allegiance 1 Roll Call - City Council and SACIC City of Alameda Page 3 Printed on 7/27/2020 City Council Meeting Agenda July 21, 2020 2 Consent Calendar - Items are routine and will be approved by one motion unless removal is requested by the SACIC or the public 2-A 2020-8071 Recommendation to Accept the Fiscal Year 2018-19 Audited Financial Statements and Compliance Reports. [City Council/SACIC] (Finance 2410) Attachments: Exhibit 1 - Audited Financial Statement Exhibit 1 - REVISED Audited Financial Statement Exhibit 2 - Measure B Exhibit 3 - Measure BB Exhibit 4 - Vehicle Registration Fee Exhibit 5 - Single Audit Report Exhibit 5 - REVISED Single Audit Report Exhibit 6 - Gann Limit Exhibit 7 - Management Letter Exhibit 8 - Required Communications 2-B 2020-8096 Recommendation to Accept the First Quarter Financial Report for the Period Ending September 30, 2019. [City Council and SACIC] (Finance 2410) Attachments: 1st Quarter Financial Report 2-C 2020-8108 Recommendation to Accept the Second Quarter Financial Report for the Period Ending December 31, 2019. [City Council and SACIC] (Finance 2410) Attachments: Exhibit 1 - 2nd Quarter Financial Report 3 Adjournment - City Council and SACIC REVISED REGULAR CITY COUNCIL MEETING - 7:00 P.M. 1 Roll Call - City Council 2 Agenda Changes 3 Proclamations, Special Orders of the Day and Announcements - Limited to 15 minutes 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 City of Alameda Page 4 Printed on 7/27/2020 City Council Meeting Agenda July 21, 2020 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 2020-8178 Minutes of the Special and Regular Meetings Held on June 16, 2020 and the Special Meeting Held on June 17, 2020. (City Clerk) 5-B 2020-8179 Bills for Ratification. (Finance) Attachments: Bills for Ratification 5-C 2020-8117 Recommendation to Authorize the City Manager to Execute an Amendment to the Agreement with Management Partners, Inc., in an Amount Not to Exceed $50,000 for a Total Compensation Not to Exceed $100,000, and to Extend the Contract to June 30, 2021, for Financial Services in the Finance Department. (Finance 2410) Attachments: Exhibit 1 - Original Contract Exhibit 2 - First Amendment 5-D 2020-8110 Recommendation to Authorize the City Manager to Execute Six, Five-Year Agreements, in the Amount of $200,000 Each per Fiscal Year to CSG Consultants, Harrison Engineering, Inc., Nichols Consulting Engineers, Park Engineering, Schaaf & Wheeler, and Wood Rodgers for On-Call Civil Engineering Services for a Total Cumulative Amount Not to Exceed $1,000,000 Each Agreement. (Public Works 310) Attachments: Exhibit 1 - CSG Agreement Exhibit 2 - Harrison Engineering, Inc. Agreement Exhibit 3 - Nichols Consulting Engineers Agreement Exhibit 4 - Park Engineering Agreement Exhibit 5 - Schaaf & Wheeler Agreement Exhibit 6 - Wood Rogers Agreement 5-E 2020-8111 Recommendation to Authorize the City Manager to Execute an Agreement with McGuire & Hester for Fire Station No. 2 Pavement Improvements Project, No. P.W. 05-20-25 in an Amount Not to Exceed $454,724.60. (Public Works 310) Attachments: Exhibit 1 - Contract 5-F 2020-8112 Recommendation to Authorize the City Manager to Execute an Agreement with American Pavement Systems, Inc. for the 2020 Pavement Management, Phase 39, Slurry and Cape Seal Project, No. P.W. 03-20-17, in an Amount Not to Exceed $1,404,150, Including Contingency. (Public Works 310) Attachments: Exhibit 1 - Contract 5-G 2020-8113 Recommendation to Authorize the City Manager to Execute a Third City of Alameda Page 5 Printed on 7/27/2020 City Council Meeting Agenda July 21, 2020 Amendment to the Agreement with Earth Island Institute, dba Kids for the Bay for Educational Services for the Alameda Schools, in an Amount Not to Exceed of $54,108, for a Total Cumulative Amount Not to Exceed $118,728. (Public Works 351) Attachments: Exhibit 1 - Original Agreement Exhibit 2 - First Amendment Exhibit 3 - Second Amendment Exhibit 4 - Third Amendment 5-H 2020-8118 Recommendation to Authorize the City Manager to Execute a First Amendment to Agreement with Terraphase Engineering for Marsh Crust Reconnaissance Sampling and Environmental Oversight for Construction of Alameda Point’s Adaptive Reuse Areas Phase 1 and Phase 2, in an Amount Not to Exceed $238,074, for a Total Contract Amount Not to Exceed $312,572. (Public Works 310) Attachments: Exhibit 1 - Ten Year Water Infrastructure Agreement Exhibit 2 - Original Agreement Exhibit 3 - First Amendment 5-I 2020-8119 Recommendation to Authorize the City Manager to Execute a One-Year Agreement with McGuire and Hester for 2020 Pavement Management, Phase 39, Hot Mix Asphalt Overlay and Base Repair, No. P.W. 05-20-26, in an Amount Not to Exceed $1,476,225.60, Including Contingency, with the Option of Four One-Year Extensions, for a Total Five-Year Expenditure Not to Exceed $7,682,337.29. (Public Works 310) Attachments: Exhibit 1 - Contract 5-J 2020-8120 Recommendation to Authorize the City Manager to Execute a Second Amendment to the Agreement with Stearns, Conrad and Schmidt Engineers Extending the Term of the Agreement by One Year and Increasing the Compensation by an Amount Not to Exceed $290,000, for Targeted Zero Waste Technical Assistance for Commercial Businesses and Multi-Family Accounts, for an Aggregate Amount Not to Exceed $734,978. (Public Works 274.1) Attachments: Exhibit 1 - Original Agreement Exhibit 2 - First Amendment Exhibit 3 - Second Amendment 5-K 2020-8122 Recommendation to Authorize the City Manager to Execute a First Amendment to the Agreement with GS Management Company, for Management of the Public Special Benefit Work in City of Alameda Island City Landscape and Lighting District 84-2 Zone 6 - Marina Village, to Extend the Term for Four Additional Years and Increase City of Alameda Page 6 Printed on 7/27/2020 City Council Meeting Agenda July 21, 2020 Compensation by $255,362, for a Cumulative Amount Not to Exceed $309,362. (Public Works 275.6) Attachments: Exhibit 1 - Original Contract Exhibit 2 - First Amendment 5-L 2020-8161 Recommendation to Authorize the Mayor to Sign Letters of Support for State Legislation on Police Reforms. (City Manager 2110) Attachments: Exhibit 1 - 2020 Legislative Agenda 5-M 2020-8114 Adoption of Resolution Amending the Fiscal Year 2020-21 Transportation Planning Division Fund Revenue and Expenditures Budget by $88,000 to Accept and Allocate the Bay Area Air Quality Management District’s Vehicle Trip Reduction Grant for Electronic Bicycle Lockers, and Allocate $60,400 in Local Measure B/BB Bicycle and Pedestrian Funds for the Required Matching Funds Mandated by the Grant; and Recommendation to Authorize the City Manager to Issue a Purchase Order with eLock Technologies for $145,400. (Transportation 4226287) Attachments: Resolution 5-N 2020-8085 Adoption of Resolution Authorizing the City Manager to Utilize up to $1.605 Million in the Capital Projects Seaplane Lagoon Ferry Terminal Project for the Seaplane Lagoon Ferry Terminal Project and Reversing Back Any Remaining Funds to the Base Reuse and Tideland Trust Budgets in the Proportion Originally Allocated to the Project; and Recommendation to Authorize the City Manager to Execute a Second Amendment to Agreement with Ghirardelli Associates to Increase the Compensation by an Amount Not to Exceed $104,287 for a Total Contract Amount of $749,423 for Construction Management Services for the Seaplane Lagoon Ferry Terminal Project at Alameda Point. (Community Development 819099) Attachments: Exhibit 1 - Original Agreement Exhibit 2 - First Amendment Exhibit 3 - Second Amendment Resolution 5-O 2020-8142 Adoption of Resolution Authorizing Continued Participation in the Alameda County HOME Consortium for HOME Funds and Authorizing Execution of the Necessary Documents to Maintain the Eligibility of the Consortium for HOME Program Funds in Accordance with the National Affordable Housing Act of 1990; and Recommendation to Authorize the City Manager to Take All Necessary Actions to Carry Out the City of Alameda's Participation in the City of Alameda Page 7 Printed on 7/27/2020 City Council Meeting Agenda July 21, 2020 Alameda County HOME Consortium. (Community Development 235) Attachments: Exhibit 1 - Agreement Resolution 5-P 2020-8156 Adoption of Resolution Approving a Budget Amendment to Reappropriate Vehicle Purchase Funds from Fiscal Year 2019-20 to Fiscal Year 2020-21. (Finance 2410) Attachments: Resolution 5-Q 2020-8131 Public Hearing to Consider Adoption of Resolution Approving the Engineer's Report, Confirming Diagram and Assessment, and Ordering the Levy of Assessments For Maintenance Assessment District 01-1 (Marina Cove). (Public Works 276) Attachments: Exhibit 1- District Map Exhibit 2 - Engineer's Report Resolution 6 Regular Agenda Items 6-A 2020-8121 Public Hearing to Consider the Collecting of the Water Quality and Flood Protection Fees on the Property Tax Bills; and Adoption of Resolution Finding [No] Majority Protest, Directing the Collection of Fees on the Property Tax Bills for Fiscal Year 2020-21 at the Rates Approved by Property Owners. (Public Works 351) Attachments: Exhibit 1 - Mailed Notice Exhibit 2 - Parcels Subject to Fee Collection Report Exhibit 3 - Fee Ordinance Resolution Presentation 6-B 2020-8136 Recommendation to Accept Alameda Family Services Presentation Summarizing Activities Performed Under its One-Year Contract for Student Mental Health Services. (Community Development) Attachments: Presentation 6-C 2020-8173 WITHDRAWN - REVISED ITEM ADDED TO 7:01 PM MEETING - Adoption of Resolution Calling for the Holding of a Consolidated Municipal Election in the City of Alameda on Tuesday, November 3, 2020, for the Submission of a Proposed Charter Amendment to Repeal the Prohibition Against Building Multi-Family Housing in Alameda and the Citywide Density Limitation of One Housing Unit per 2,000 Square Feet of Land, and Authorizing City Councilmembers to File Written Arguments For or Against the Measure. (City Attorney/City Clerk) City of Alameda Page 8 Printed on 7/27/2020 City Council Meeting Agenda July 21, 2020 Attachments: Resolution Memo Regarding Rebuttal Deadline 6-D 2020-8125 Public Hearing to Consider an Appeal of the Planning Board’s Decision to Approve Design Review No. PLN20-0047 to Allow the Rehabilitation of an Approximately 50,517 Square Foot Existing Building for Adaptive Reuse as a Senior Living Convalescent Home at 1245 McKay Avenue; and Adoption of Related Resolution. (Planning, Building and Transportation 481001) Attachments: Exhibit 1 - Previous Appeal Exhibit 2 - Planning Board Resolution Exhibit 3 - Appeal Exhibit 4 - Project Plans Exhibit 5 - Public Notice Resolution Appellant Letter Public Comment Read into Record 6-E 2020-7774 Introduction of Ordinance Authorizing the City Manager or Designee to Execute an Amendment to the Lease with Williams-Sonoma, Inc., a Delaware Corporation, Acting for and on Behalf of Williams-Sonoma Stores, Inc., a California Corporation, for Building 169, Suite 102, Located 1680 Viking Street at Alameda Point, Extending the Term for an Additional 12 Months with One 12-Month Extension Option, Removing Overflow Parking from the Leased Premises, and Providing One (1) Month of Rent Abatement. (Community Development 819099) Attachments: Exhibit 1 - Premises Exhibit 2 - Original Lease Exhibit 3 - Amendment Ordinance 6-F 2020-8159 Introduction of an Uncodified Ordinance Amending Uncodified Ordinance No. 3275 to Extend the Time that Tenants Must Pay “Deferred Rent” from 210 Days to 395 Days Following the City Council’s Rescission of the Local Emergency. (Community Development) Attachments: Ordinance Public Comment Read into Record 6-G 2020-8162 Recommendation to Authorize the City Attorney or Designee to Consent to Law Firm Goldfarb Lipman’s Request to Waive Conflicts of Interest in Connection with Goldfarb’s Legal Representation of the City of Alameda on City Transactions and the County of Alameda on the City of Alameda Page 9 Printed on 7/27/2020 City Council Meeting Agenda July 21, 2020 Rosefield Village Affordable Housing Project Transaction; and Recommendation to Delegate Authority to the City Attorney or Designee to Consent, Modify or Reject Future Requests from Goldfarb to Waive Conflicts of Interest In Connection with Goldfarb’s Legal Representation of the City of Alameda on City Transactions and the County of Alameda on Future Affordable Housing Transactions Involving County of Alameda A-1 Funds or Comparable County Funds. (Community Development) Attachments: Exhibit 1 - Consent to Potential Conflict of Interest 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 8-A 2020-8206 Oral Communications Attachments: Oral Communications 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 2020-8160 Designation of Voting Delegates and Alternates for the League of California Cities Annual Conference. Attachments: Correspondence from the League 11 Adjournment - City Council SPECIAL CITY COUNCIL MEETING - 7:01 P.M. 1 Roll Call - City Council 2 Agenda Items 2-A 2020-8182 Recommendation to: 1) Accept the City Manager’s Report on Plans to Appoint a Steering Committee and; 2) Provide Further Feedback and Input on Staff’s Work to Engage the Community in the Development of Options on the Future of Policing in the City of Alameda and Developing Work Plans to Address the Following Topics: A. Unbundling Services Currently Delivered by the Police Department; B. a Review of Police Department Policies and Practices; C. Police Department Accountability and Oversight; D. A Review of Laws that City of Alameda Page 10 Printed on 7/27/2020 City Council Meeting Agenda July 21, 2020 Criminalize Survival; and E. Systemic and Community Racism/Anti-Racism. (City Manager 2110) Attachments: Correspondence - Updated 7/21 Public Comment Read into Record 2-B 2020-8183 Recommendation to De-Name Jackson Park and Direct the City Manager to Remove the Park Sign. (Recreation 280) Attachments: Correspondence - Updated 7/21 Public Comment Read into Record 2-C 2020-8097 Recommendation to Authorize the City Manager, or Designee, to Execute a One Year License with Greenway Golf Associates, Inc. for the “Grandview Pavilion” Located at 300 Island Drive, including an Option to Extend the Term of the License for One Additional Year. (Community Development 216) Attachments: Exhibit 1 - Greenway License Agreement (DRAFT) 2-D 2020-8189 Adoption of Resolution Calling for the Holding of a Consolidated Municipal Election in the City of Alameda on Tuesday, November 3, 2020, for the Submission of a Proposed Charter and General Plan Amendment to Repeal the Prohibition Against Building Multi-Family Housing in Alameda and the Citywide Density Limitation of One Housing Unit per 2,000 Square Feet of Land, and Authorizing City Councilmembers to File Written Arguments For or Against the Measure. (City Attorney/City Clerk) Attachments: Resolution Correspondence 3 Adjournment - City Council CONTINUED JULY 14, 2020 SPECIAL CITY COUNCIL MEETING - 7:02 P.M. 1 Roll Call - City Council 2 Agenda Item 5-A 2020-8165 Consider Adoption of Resolution Declaring Racism a Public Health Emergency, including Identifying and Approving Direction to Staff Regarding Initial and Ongoing Actions to Address the Crisis. (Vice Mayor Knox White and Councilmember Oddie) Attachments: Resolution Public Comment Read into Record Correspondence - Updated 7/21 City of Alameda Page 11 Printed on 7/27/2020 City Council Meeting Agenda July 21, 2020 3 Adjournment - City Council • Please contact the City Clerk at 510-747-4800 or clerk@alamedaca.gov at least 48 hours prior to the meeting to any reasonable accommodation that may be necessary to participate in and enjoy the benefits of the meeting. • 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. • 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 12 Printed on 7/27/2020