City Council

City of Alameda Meeting Agenda City Council Tuesday, March 1, 2022 7:00 PM City Hall, 2263 Santa Clara Avenue, Council Chambers, 3rd Floor, Alameda CA 94501 The agenda was revised at 5:00 p.m. on February 28, 2022 to remove Item 10-D and at 5:00 p.m. on February 22, 2022 to add a new Closed Session Item 3-A and revise the start time and to remove Regular Items 7-C and 7-E Pursuant to Assembly Bill 361, codified at Government Code Section 54953, Councilmembers can attend the meeting via teleconference. The City allows public participation via Zoom. For information to assist with Zoom participation, please click: https://www.alamedaca.gov/zoom For Zoom regular meeting registration, please click: https://alamedaca-gov.zoom.us/webinar/register/WN_DNgpdNm1TjuvZ0AwfRMf7Q For Telephone Participants: Zoom Phone Number: 669-900-9128 Zoom Meeting ID: 840 3773 0847 Any requests for reasonable accommodations 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. The Council may take action on any item listed in the agenda. REVISED SPECIAL CITY COUNCIL MEETING - CLOSED SESSION - 5:00 P.M. 1 Roll Call - City Council 2 Public Comment on Closed Session Items - Anyone wishing to have comments read into record on closed session items, please email clerk@alamedaca.gov during public comment or no more than 30 minutes prior to the meeting; comments submitted more than 30 minutes prior will not be read 3 Adjournment to Closed Session to consider: City of Alameda Page 1 Printed on 3/2/2022 City Council Meeting Agenda March 1, 2022 3-A 2022-1755 CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9, subsection (d)(4) Number of cases: Five (As Plaintiff - City Initiating Legal Action) Potential Defendants: Owners of: 2801 Newport Road Alameda, CA 94501 (Residential), 390 W. Essex Drive Alameda. CA 94501 (Residential), 2825 Pearl Harbor Road Alameda, CA 94501 (Residential); and Steeltown Winery 2440 Monarch Street Alameda, CA 94501, Project Burger 2319 Central Avenue Alameda, CA 94501 3-B 2022-1773 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6) CITY NEGOTIATORS: Eric Levitt, City Manager; Gerry Beaudin, Assistant City Manager; and Nancy Bronstein, Human Resources Director EMPLOYEE ORGANIZATIONS: Alameda Police Managers Association (APMA) and Alameda Fire Chief's Association (AFCA) UNDER NEGOTIATION: Salaries, Employee Benefits and Terms of Employment 4 Announcement of Action Taken in Closed Session, if any 2022-1811 March 1, 2022 Closed Session Announcement Attachments: Announcement 5 Adjournment - City Council SPECIAL JOINT MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE COMMUNITY IMPROVEMENT COMMISSION (SACIC) MEETING - 6:59 P.M. Pledge of Allegiance 1 Roll Call - City Council and SACIC 2 Consent Calendar - Items are routine and will be approved by one motion; members of the public may speak once for up to 2 minutes on the entire Consent Calendar; following public comment, the Council/SACIC can remove items and speak for up to 5 minutes on each item; recording a non-affirmative vote should be done without removal 2-A 2022-1776 Minutes of the Special Joint City Council and SACIC Meeting Held on January 4, 2022. (City Clerk) 2-B 2022-1712 Recommendation to Accept the Investment Transactions Report for the Period Ending December 31, 2021. [City Council and SACIC] (Finance 2410) City of Alameda Page 2 Printed on 3/2/2022 City Council Meeting Agenda March 1, 2022 Attachments: Exhibit 1 - Quarterly Investment Transactions 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 3-A 2022-1725 Season for Nonviolence Word of the Day: Si Se Puede! Attachments: Daily Word - Si Se Puede! 3-B 2022-1780 Proclamation Declaring March 7, 2022 as COVID-19 Memorial Day. (City Manager 10021030) 3-C 2022-1606 Proclamation Declaring March 2022 as American Red Cross Month. (City Manager 10021030) [Informational Only] 4 Oral Communications, Non-Agenda (Public Comment) - Limited to 15 minutes; members of the public may speak for up to 2 minutes regarding any matter not on the agenda; any remaining speakers may comment under Section 9 5 Consent Calendar - Items are routine and will be approved by one motion; members of the public may speak once for up to 2 minutes on the entire Consent Calendar; following public comment, the Council can remove items and speak for up to 5 minutes on each item; recording a non-affirmative vote should be done without removal 5-A 2022-1777 Minutes of the Special and Regular City Council Meetings Held on February 1, 2022. (City Clerk) 5-B 2022-1778 Bills for Ratification. (Finance) Attachments: Bills for Ratification 5-C 2022-1678 Recommendation to Authorize the City Manager, Via the Chief of Police, to Update the Existing Alameda Police Department Policy Manual to be Current with Existing Best Practices and Statutory Requirements. (Police 10031100) City of Alameda Page 3 Printed on 3/2/2022 City Council Meeting Agenda March 1, 2022 Attachments: Exhibit 1 - Assembly Bill (AB)26 Exhibit 2 - AB48 Exhibit 3 - AB57 Exhibit 4 - AB135 Exhibit 5 - AB600 Exhibit 6 - AB670 Exhibit 7 - AB825 Exhibit 8 - AB958 Exhibit 9 - AB1171 Exhibit 10 - Seante Bill (SB)2 Exhibit 11 - SB16 Exhibit 12 - SB98 Exhibit 13 - SB320 Exhibit 14 - SB538 Exhibit 15 - SB807 Exhibit 16 - SB823 Exhibit 17 - Policy 208 Training Policy Exhibit 18 - Policy 300 Use of Force Policy Exhibit 19 - Policy 312 Firearms Exhibit 20 - Policy 314 Vehicle Pursuits Exhibit 21 - Policy 318 Canines Exhibit 22 - Policy 320 Domestic Violence Exhibit 23 - Policy 326 Senior and Disability Victimization Exhibit 24 - Policy 330 Child Abuse Exhibit 25 - Policy 338 Hate Crimes Exhibit 26 - Policy 340 Standards of Conduct Exhibit 27 - Policy 393 Gun Violence Restraining Orders Exhibit 28 - Policy 420 Cite and Release Exhibit 29 - Policy 468 First Amendment Assemblies Exhibit 30 - Policy 610 Eyewitness Identification Exhibit 31 - Policy 804 Property and Evidence Policy Exhibit 32 - Policy 810 Records Maintenance and Release Exhibit 33 - Policy 1000 Recruitment and Selection Exhibit 34 - Policy 1008 Anti-Retaliation Exhibit 35 - Policy 1010 Reporting of Employee Convictions Exhibit 36 - Policy 1012 Drug and Alcohol-Free Workplace City of Alameda Page 4 Printed on 3/2/2022 City Council Meeting Agenda March 1, 2022 Exhibit 37 - Policy 1020 Personnel Complaints Exhibit 38 - Policy 1026 Personnel Records Correspondence - Updated 3/1 Revised Language 5-D 2022-1751 Recommendation to Authorize the Chief of Police, Via the City Manager, to Establish New and Amended Police Department Policies Governing the Use of the Alameda Police Department's Emergency Response Vehicle. (Police 10031100) Attachments: Exhibit 1 - Policy 408: Critical Incident Response Team Exhibit 2 - Policy 409: Emergency Response Vehicle Exhibit 3 - Policy 358: Major Incident Notification Correspondence - Updated 3/1 Revised Language 5-E 2022-1731 Recommendation to Approve Findings to Allow City Meetings to be Conducted via Teleconference. (City Clerk 10022020) 5-F 2022-1763 Adoption of Resolution Opposing Initiative 21-0042A1, a Proposed Amendment to the State Constitution That Would Limit the Ability of Voters and State and Local Governments to Raise Revenues for Government Services. (City Manager 10021030) Attachments: Exhibit 1 - Initiative Title and Summary Exhibit 2 - Initiative 21-0042A1 Resolution Correspondence - Updated 3/1 6 Continued Agenda Items - Public comment and speaking times are determined based upon the prior meeting discussion 6-A 2022-1701 Public Hearing to Consider Introduction of an Ordinance Amending Alameda Municipal Code Chapter XXX to Implement Senate Bill 9 Regarding Two-Unit Housing Developments and Urban Lot Splits in Single-Family Residential Zones. (Planning, Building and Transportation 20962700) [Continued from February 15, 2022] Attachments: Ordinance Presentation Correspondence - Updated 3/1 7 Regular Agenda Items - 6 members of the public may speak for up to 3 minutes; 7 or more may speak for up to 2 minutes 7-A 2022-1748 Introduction of Ordinance Amending, in Part, Uncodified Ordinance No. 3275 Concerning a Temporary Moratorium on Rent Increases for City of Alameda Page 5 Printed on 3/2/2022 City Council Meeting Agenda March 1, 2022 Fully Regulated Residential Rental Units and Alameda Municipal Code, Article XV, Concerning Various Clean-Up Amendments. (Community Development 20761840) Attachments: Exhibit 1 - Ordinance No. 3275 Exhibit 2 - Ordinance No. 3293 Ordinance Presentation Correspondence - Updated 3/2 7-B 2022-1722 Introduction of Ordinance Authorizing the City Manager or Designee to Execute a First Amendment to the Lease with Park Street Wine Cellars, Inc., a California Corporation, for Approximately 700 Square Feet of Retail Space in the Historic Alameda Theatre Located at 2315 Central Avenue, Suite 122, to Provide Six Months of Rent Deferral with a Three-Year Repayment Period. (Community Development 24061810) [Continued from March 1, 2022] Attachments: Exhibit 1 - Lease Exhibit 2 - 1st Amendment Ordinance 7-C 2022-1723 Introduction of Ordinance Authorizing the City Manager or Designee to Execute a First Amendment to the Lease with Play House, LLC, a California Limited Liability Company, Doing Business as Director’s Cut, for Approximately 1,850 Square Feet of Retail Space in the Historic Alameda Theatre Complex, Located at 2319 Central Avenue, to Provide a Six-Month Rent Credit and a Rent Reduction. (Community Development 240619810) [Not heard on March 1, 2022] Attachments: Exhibit 1 - Lease Exhibit 2 - 1st Amendment Ordinance 7-D 2022-1749 Adoption of Resolution Amending the Fiscal Year 2021-22 Budget; and Adoption of Resolution Amending the Alameda City Employees Association (ACEA) Salary Schedule to Add the Classification of Street Light Maintenance Technician; Amending the International Brotherhood of Electrical Workers (IBEW) Salary Schedule to Remove the Streetlight Technician; Upgrading Two Maintenance Worker II Positions to Streetlight Technicians, Effective March 12, 2022. (Finance 10024056) [Continued from March 1, 2022] City of Alameda Page 6 Printed on 3/2/2022 City Council Meeting Agenda March 1, 2022 Attachments: Exhibit 1 - Mid-Year Adjustments Exhibit 2 - General Fund Budget Summary Resolution - Mid-Year Budget Resolution - Mid-Year Workforce Change Presentation 7-E 2022-1730 Recommendation to Accept the Annual Report on the Climate Action and Resiliency Plan (CARP) and the Annual Report on Transportation. (Planning, Building and Transportation 20962743) [Not heard on March 1, 2022] Attachments: Exhibit 1 - CARP Annual Report Exhibit 2 - Annual Report on Transportation 8 City Manager Communications - Communications from City Manager 9 Oral Communications, Non-Agenda (Public Comment) - Members of the public may speak for up to 2 minutes regarding any matter not on the agenda 10 Council Referrals - Matters placed on the agenda by Councilmembers may be scheduled as future agenda items or dispositive action may be taken on sufficiently noticed time sensitive legislative matters; presentations are limited to 5 minutes; Councilmembers can speak for up to 3 minutes; 6 members of the public may speak for up to 3 minutes; 7 or more may speak for up to 2 minutes 10-A 2022-1529 Consider Having the City Council Address the Zoning of the Harbor Bay Club. (Councilmember Herrera Spencer) [Not heard on December 7, 21, 2021, January 4, 18, February 1, 15, or March 1, 2022] Attachments: November 16, 2021 Planning, Building and Transportation Director Correspondence 10-B 2022-1530 Consider Having the City Council Review Recreation and Parks Department Community Events. (Councilmember Herrera Spencer) [Not heard on December 7, 21, 2021, January 4, 18, February 1, 15, or March 1, 2022] 10-C 2022-1707 Consider Directing Staff to Bring the Rent Program “In-House” to the City Attorney’s Office. (Mayor Ezzy Ashcraft and Vice Mayor Vella) [Not heard on February 15, or March 1, 2022] 10-D 2022-1762 WITHDRAWN - Consider Adoption of Resolution Expressing Support for the “Brand-Huang-Mendoza Tripartisan Land Use Initiative” to Amend Article XI of the Constitution of the State of California to Make Zoning and Land Use Community Affairs, and Not of State Interest. (Councilmembers Herrera Spencer and Daysog) [Will not be heard] City of Alameda Page 7 Printed on 3/2/2022 City Council Meeting Agenda March 1, 2022 Attachments: Resolution 11 Council Communications - Councilmembers can speak for 9 minutes to address any matter not on the agenda, including reporting on conferences or meetings 12 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. • Minutes of the meeting available in enlarged print. • 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. • The meeting will be broadcast live on the City’s website: https://www.alamedaca.gov/GOVERNMENT/Agendas-Minutes-Announcements • Sign up to receive agendas here: https://alameda.legistar.com/Calendar.aspx • 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 8 Printed on 3/2/2022