City Council

City of Alameda Meeting Agenda City Council Tuesday, June 21, 2022 7:00 PM City Hall, 2263 Santa Clara Avenue, Council Chambers, 3rd Floor, Alameda CA 94501 The closed session agenda was revised on June 16, 2022 at 2:00 p.m. to indicate 3-A and 4-B are withdrawn Pursuant to Assembly Bill 361, codified at Government Code Section 54953, Councilmembers can attend the meeting via teleconference.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_nZBwnanWQCO4wFYbMuFnKQ For Telephone Participants: Zoom Phone Number: 669-900-9128 Zoom Meeting ID: 848 7525 5639 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. SPECIAL CITY COUNCIL MEETING - 5:15 P.M. 1 Roll Call - City Council 2 Public Comment on Agenda Items Only - Anyone wishing to have comments read into record, please email clerk@alamedaca.gov during public comment or not more than 30 minutes prior to the meeting; comments submitted more than 30 minutes prior will not be read 3 Consent Calendar - Items are routine and will be approved by one motion 3-A 2022-2110 WITHDRAWN - Recommendation to Approve Dirk Brazil, Interim City Manager, Lisa Maxwell, Community Development Director, Len City of Alameda Page 1 Printed on 6/22/2022 City Council Meeting Agenda June 21, 2022 Aslanian, Assistant City Attorney, and Nanette Mocanu, Assistant Community Development Director, as Real Property Negotiators for Building 12, Located at 1050 West Tower Avenue Alameda, CA. (Community Development 29061822) 4 Adjournment to Closed Session to consider: 4-A 2022-2136 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: 303 Creative LLC, et al. v Aubrey Elenis et al. Court: United States Court of Appeals for the Tenth Circuit; United States Supreme Court Case Number: 19-1413; 21-476 4-B 2022-2105 WITHDRAWN - CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) PROPERTY: 1050 West Tower Avenue (Building 12) Alameda Point, Alameda, CA CITY NEGOTIATORS: Interim City Manager Dirk Brazil, Community Development Director Lisa Maxwell, Assistant Community Development Director Nanette Mocanu, and Assistant City Attorney Len Aslanian NEGOTIATING PARTIES: City of Alameda and Saildrone, Inc. UNDER NEGOTIATION: Price and Terms of Lease 4-C 2022-2117 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6) CITY NEGOTIATORS: Nancy Bronstein, Human Resources Director; Nico Procos, General Manager Alameda Municipal Power; Jessica Romeo, Human Resources Manager; and Steve Woo, Senior Human Resources Analyst EMPLOYEE ORGANIZATIONS: Alameda City Employees Association (ACEA); Management and Confidential Employees Association (MCEA); Electric Utility Professionals Association (EUPA); International Brotherhood of Electrical Workers (IBEW); Alameda Police Officers Non-Sworn (PANS); Alameda Municipal Power Unrepresented Employees (AMPU) UNDER NEGOTIATION: Salaries, Employee Benefits and Terms of Employment 4-D 2022-2118 PUBLIC EMPLOYEE APPOINTMENT/HIRING Pursuant to Government Code § 54957 Title/description of positions to be filled: City Manager 5 Announcement of Action Taken in Closed Session, if any 2022-2181 June 21, 2022 Closed Session Announcement City of Alameda Page 2 Printed on 6/22/2022 City Council Meeting Agenda June 21, 2022 Attachments: Announcement 6 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 2022-2127 Minutes of the Special Joint City Council and SACIC Meeting Held on May 17, 2022. [City Council/SACIC] (City Clerk) 3 Agenda Items - 6 members of the public may speak for up to 3 minutes; 7 or more may speak for up to 2 minutes 3-A 2022-2097 Public Hearing to Establish the Proposition 4 (Appropriations) Limit for Fiscal Year 2022-22; and Adoption of Resolution Establishing the Appropriations Limit for Fiscal Year 2022-23. [City Council] (Finance 10024054) Attachments: Exhibit 1 - Appropriations Limit Calculations Resolution 3-B 2022-2098 Adoption of Resolution Approving and Adopting the Budget for Fiscal Year 2022-23 [City Council]; and Adoption of Resolution Approving and Adopting the Budget for Fiscal Year 2022-23; [SACIC]; and Adoption of Resolution Approving Workforce Changes and Amending the Salary Schedules for the Alameda City Employees Association (ACEA) and Management and Confidential Employees Association (MCEA) in Fiscal Year 2022-23, Effective July 3, 2022. [City Council] (Finance 10024054) City of Alameda Page 3 Printed on 6/22/2022 City Council Meeting Agenda June 21, 2022 Attachments: Exhibit 1 - Mid-Cycle Budget Update Exhibit 2 - Updates Since May 2022 Workshop Exhibit 3 - MCEA Salary Schedule Exhibit 4 - ACEA Salary Schedule Resolution - Mid-Cycle Budget [City Council] Resolution - Mid-Cycle Budget [SACIC] Resolution - Mid-Cycle Workforce Changes Presentation Correspondence 3-C 2022-2100 Adoption of Resolution to Adopt the One-Time Revenue, Excess Property Transfer Tax, and General Fund Surplus Policy. [City Council] (Finance 10024051) Attachments: Exhibit 1 - One-Time Revenue and General Fund Surplus Policy Resolution Presentation Correspondence 4 Adjournment - City Council and SACIC 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) - 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 2022-2123 Minutes of the Special City Council Meetings and the May 3, 2022 Continued Meeting Held on May 10, 2022; and the Special and Regular City Council Meeting Held on May 17, 2022. (City Clerk) City of Alameda Page 4 Printed on 6/22/2022 City Council Meeting Agenda June 21, 2022 5-B 2022-2135 Bills for Ratification. (Finance) Attachments: Bills for Ratification 5-C 2022-2093 Recommendation to Approve the City of Alameda Investment Policy. (Finance 10024051) Attachments: Exhibit 1 - Investment Policy 5-D 2022-2067 Recommendation to Authorize the Interim City Manager to Execute an Agreement, Substantially in the Form of the Attached Agreement, with the Alameda County Fire Department Regarding the Regional Emergency Communication Center and Fire Dispatch and Radio Services. (Fire 10032200) Attachments: Exhibit 1 - Agreement Exhibit 2 - Final Budget 5-E 2022-2077 Recommendation to Authorize the Interim City Manager to Execute an Agreement with the Alameda Sun for the Publication of Legal Notices for Fiscal Year 2022-23. (City Clerk 10022020) Attachments: Exhibit 1 - Contract 5-F 2022-2104 Recommendation to Authorize the City Attorney to Consent to Law Firm Shute, Mihaly and Weinberger LLP’s (SMW) Request to Waive Conflicts of Interest in Connection with SMW’s Legal Representation of the City of Alameda and the Alameda County Waste Management Authority. (City Attorney 10023040) Attachments: Exhibit 1 - Consent to Potential Conflict of Interest 5-G 2022-2132 Recommendation to Approve Amended Agreement for the City Attorney Effective June 19, 2022. (Human Resources 10025060) Attachments: Exhibit 1 - City Attorney Employment Agreement 5-H 2022-2086 Recommendation to Accept the Work of McGuire & Hester for Fire Station No. 2 Pavement Improvements Project, No. PW 05-20-25. (Public Works 31041520) 5-I 2022-2089 Recommendation to Accept the Work of Ranger Pipelines, Inc. for Cyclic Sewer Replacement Project, Phase 17, No. PW 07-20-34. (Public Works 50141600) 5-J 2022-2088 Recommendation to Authorize the Interim City Manager to Execute a Five-Year Agreement with West Coast Arborist for Urban Forest Maintenance Services, Citywide, No. P.W. 07-06-16, in an Amount Not to Exceed $13,119,805. (Public Works 31041520) Attachments: Exhibit 1 - Contract 5-K 2022-2094 Recommendation to Endorse a Grant Application to the Alameda City of Alameda Page 5 Printed on 6/22/2022 City Council Meeting Agenda June 21, 2022 County Transportation Commission’s 2024 Comprehensive Investment Plan Call for Projects for Grant Funds for the Alameda-Oakland Free Public Water Shuttle Pilot Program. (Transportation 20962740) 5-L 2022-2102 Recommendation to Receive an Update on Senate Bill 1383 Procurement Compliance and Approve Approach for Fiscal Year 2022-23 Compliance; and Adoption of Resolution Amending the Fiscal Year 2022-23 Integrated Waste Fund Budget to Increase Revenue in the Amount of $115,019 and Increase Expenditures in the Amount of $115,019 to Receive and Appropriate Grant Funds From the California Department of Resources Recycling and Recovery (CALRECYCLE) for Senate Bill 1383 Implementation. (Public Works 26141630/26241631) Attachments: Resolution 5-M 2022-2076 Adoption of Resolution Authorizing the Interim City Manager to Execute All Necessary Documents with the California Department of Transportation (Caltrans) to Complete the Oakland-Alameda Estuary Adaptation Project for $500,000 to Develop an Adaptation Concept. (Transportation 20962740) Attachments: Exhibit 1 - Grant Cost and Schedule Resolution 5-N 2022-2087 Adoption of Resolution Approving the Pavement Management Project be Funded through the State of California’s Road Maintenance and Rehabilitation Account for Fiscal Year 2022-23. (Public Works 21241500) Attachments: Resolution 5-O 2022-2128 Adoption of Resolution Amending Resolution No. 15851 Amending the 2022 Regular City Council Meeting Dates. (City Clerk 10022020) Attachments: Resolution 5-P 2022-2085 Public Hearing to Consider Adoption of Resolution Approving the Engineer’s Report, Confirming Diagram and Assessment, and Ordering the Levy of Assessments, Maintenance Assessment District 01-1 (Marina Cove). (Public Works 27741530) Attachments: Exhibit 1 - District Map Exhibit 2 - Engineer's Report Resolution 5-Q 2022-2090 Public Hearing to Consider Adoption of Resolution Approving the Engineer’s Report, Confirming Diagram and Assessment, and Ordering the Levy of Assessments, Island City Landscaping and Lighting District 84-2, All Zones. (Public Works 27041530, 27141530, City of Alameda Page 6 Printed on 6/22/2022 City Council Meeting Agenda June 21, 2022 27241530, 27341530, 27441530, 27541530) Attachments: Exhibit 1 - Zones 1 through 8 Maps Exhibit 2 - Engineer's Report Resolution 6 Continued Agenda Items - Public comment and speaking times are determined based upon the prior meeting discussion 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 2022-2062 Public Hearing to Consider Introduction of Ordinance Amending Alameda Municipal Code Section 30-10 (Cannabis) to Add the North Park Street Maritime Manufacturing (MM-NP) District as a Location Where Cannabis Industry (Manufacturing) is Conditionally Permitted, as Recommended by the Planning Board. (Planning, Building and Transportation 20962710) Attachments: Exhibit 1 - Letter from Kiva Ordinance Correspondence - Updated 6/20 7-B 2022-2099 Public Hearing to Consider Adoption of Resolution Authorizing the Interim City Manager to Proceed with the Grand Street Resurfacing and Safety Improvement Project Final Concept and Adoption of Environmental Findings. (Transportation 20962740) Attachments: Exhibit 1 - Recommended Street Configuration Exhibit 2 - Alternative Street Configuration Exhibit 3 - Survey Exhibit 4 - Survey Results Exhibit 5 - Community Workshop Notes Resolution Presentation Correspondence - Updated 6/22 7-C 2022-2079 Introduction of Ordinance Amending the Alameda Municipal Code by Amending Article XV (Rent Control, Limitations on Evictions and Relocation Payments to Certain Displaced Tenants) to Adopt and Incorporate Provisions Concerning Capital Improvement Plans (CIP) for Rental Units in the City of Alameda. (City Attorney 20761840) [Not heard on June 21, 2022] City of Alameda Page 7 Printed on 6/22/2022 City Council Meeting Agenda June 21, 2022 Attachments: Exhibit 1 - Responses to Tenant Stakeholders REVISED Exhibit 1 - Responses to Tenant Stakeholders Exhibit 2 - Cities Providing for Recovery of Capital Improvements Exhibit 3 - Draft Rent Program Regulation Ordinance Presentation Correspondence - Updated 6-21 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 2022-2111 Consider Directing Staff to Reform the Fee Towing Companies Require Alameda Residents to Pay to Retrieve Towed Vehicles. (Councilmember Daysog) [Not heard on June 21, 2022] Attachments: Email 11 Council Communications - Councilmembers can speak for 9 minutes to address any matter not on the agenda, including reporting on conferences or meetings 11-A 2022-2137 Mayor’s Nominations for Appointment to the Civil Service Board, Commission on Persons with Disabilities, Golf Commission, Historical Advisory Board, Housing Authority Board of Commissioners, Library Board, Planning Board, Public Utilities Board, Recreation and Parks Commission, Social Services Human Relations Board, and Transportation Commission. 12 Adjournment - City Council City of Alameda Page 8 Printed on 6/22/2022 City Council Meeting Agenda June 21, 2022 • 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 48 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 9 Printed on 6/22/2022