City Council

City of Alameda Meeting Agenda City Council Tuesday, July 5, 2022 7:00 PM City Hall, 2263 Santa Clara Avenue, Council Chambers, 3rd Floor, Alameda CA 94501 The agenda was revised on July 5, 2022 at 12:00 p.m. to indicate Closed Session Item 4-C and Consent Calendar Items 5-D and 5-F were withdrawn and would not be heard Pursuant to Assembly Bill 361, codified at Government Code Section 54953, Councilmembers can attend the meeting via teleconference.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_atuQhrzTS32z9ZGMwSxflg For Telephone Participants: Zoom Phone Number: 669-900-9128 Zoom Meeting ID: 818 6163 4456 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 - 5:00 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; Council can remove items and speak for up to 5 minutes on each item; recording a non-affirmative vote should be done without removal City of Alameda Page 1 Printed on 7/6/2022 City Council Meeting Agenda July 5, 2022 3-A 2022-2150 Recommendation to Approve Dirk Brazil, Interim City Manager, Lisa Maxwell, Community Development Director, Len Aslanian, Assistant City Attorney, and Nanette Mocanu, Assistant Community Development Director, as Real Property Negotiators for Building 360, Located at 1900 Skyhawk Street, Alameda, CA. (Community Development 29061822) 4 Adjournment to Closed Session to consider: 4-A 2022-2148 CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) PROPERTY: 1900 Skyhawk Street (Building 360) Alameda Point, Alameda, CA CITY NEGOTIATORS: 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 Astra Space, Inc. UNDER NEGOTIATION: Price and Terms of Lease Attachments: Public Comment Read Into Record 4-B 2022-2082 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code § 54956.9) CASE NAME: Mario Gonzalez et. al. v. City of Alameda et. al. COURT: United States District Court, Northern District of California CASE NUMBER: 4:21-cv-09733-DMR and CASE NAME: Edith Arenales v. City of Alameda, et al. COURT: United States District Court, Northern District of California CASE NUMBER: e 4:22-cv-00718 4-C 2022-2183 WITHDRAWN - 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 [Will not be heard on 7/5/22] 5 Announcement of Action Taken in Closed Session, if any City of Alameda Page 2 Printed on 7/6/2022 City Council Meeting Agenda July 5, 2022 2022-2215 July 5, 2022 Closed Session Announcement Attachments: Announcement 6 Adjournment - City Council REGULAR CITY COUNCIL MEETING - 7:00 P.M. Pledge of Allegiance 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 2022-2214 Oral Communications Attachments: Communication 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 2022-2178 Minutes of the Special and Regular City Council Meetings Held on June 7, 2022. (City Clerk) 5-B 2022-2179 Bills for Ratification. (Finance) Attachments: Bills for Ratification 5-C 2022-2049 Recommendation to Authorize the Interim City Manager to Execute a Second Three-Year Consolidated Agreement with Environmental Systems Research Institute, Inc. (Esri) for Enterprise Geographic Information System (GIS) Software License Maintenance and Support, with Pricing Increase from $50,000 per Year to $55,000 per Year in an Amount Not to Exceed $165,000, for a Total Six-Year Compensation Not to Exceed $315,000. (Information Technology 60626070) City of Alameda Page 3 Printed on 7/6/2022 City Council Meeting Agenda July 5, 2022 Attachments: Exhibit 1 - Original Agreement Exhibit 2 - Second Agreement 5-D 2022-2121 WITHDRAWN - Recommendation to Authorize the Interim City Manager to Purchase Darktrace Enterprise Immune System for a 3-Year Amount Not to Exceed $292,248 to be Paid Annually at $97,416. (Information Technology 60626070) [Will be considered on 7/12/22-Item 5-F] Attachments: Exhibit 1 - Quote Exhibit 2 - Darktrace Business Case 5-E 2022-2074 Recommendation to Authorize the Interim City Manager to Execute a Third Amendment to the Agreement with CDM Smith to Increase Compensation by $230,000, Including Contingencies, for a Total Aggregate Compensation Not to Exceed $1,360,633, to Complete the Plans and to Provide Construction Support for the Clement Avenue Safety Improvement Project. (Transportation 20962740) Attachments: Exhibit 1 - Agreement Exhibit 2 - First Amendment Exhibit 3 - Second Amendment Exhibit 4 - Third Amendment Exhibit 5 - Proposed Work Scope Exhibit 6 - Proposed Budget 5-F 2022-2075 WITHDRAWN - Recommendation to Approve Design Concept for Mecartney Road/Island Drive Roundabout Improvement. (Transportation 20962740) [Will not be heard on 7/5/22] Attachments: Exhibit 1 - Evaluation Summary Exhibit 2 - Online Survey Results Exhibit 3 - Community Workshop Notes Exhibit 4 - Roundabout Concept Exhibit 5 - Bus Turn Templates Exhibit 6 - Truck Turn Templates Exhibit 7 - Fire Truck Turn Templates Correspondence - Updated 7/5 5-G 2022-2122 Recommendation to Approve Findings to Allow City Meetings to be Conducted via Teleconference. (City Clerk 10022020) 5-H 2022-2138 Recommendation to Authorize the Interim City Manager to Execute a One-Year Agreement with Bureau Veritas for an Americans with Disabilities Act Self-Assessment and Transition Plan for a Not to Exceed Amount of $401,500. (Public Works 60341591) City of Alameda Page 4 Printed on 7/6/2022 City Council Meeting Agenda July 5, 2022 Attachments: Exhibit 1 - Agreement 5-I 2022-2084 Adoption of Resolution Approving a Memorandum of Understanding (MOU) Between the Alameda Police Management Association (APMA) and the City of Alameda for a Forty-Two Month Term Commencing December 19, 2021 and Ending June 30, 2025. (Human Resources 10025060) Attachments: Exhibit 1 - APMA MOU - Redline Exhibit 2 - APMA MOU - Clean Exhibit 3 - APMA Salary Schedule Resolution 5-J 2022-2119 Adoption of Resolution Calling for a General Municipal Election to be Consolidated with the Statewide General Election to be Held in the City of Alameda on Tuesday, November 8, 2022 for the Election of Certain Officers, and Requesting the Alameda County Board of Supervisors to Permit the Registrar of Voters to Render Specified Services to the City Relating to the Conduct of Said Election Pursuant to Section 10403 of the California Elections Code. (City Clerk 10022022) Attachments: Resolution 5-K 2022-2180 Final Passage of Ordinance Amending Alameda Municipal Code Section 30-10 (Cannabis) to Add the North Park Street Maritime Manufacturing District (MM-NP) as a Location Where Cannabis Industry (Manufacturing) is Conditionally Permitted, as Recommended by the Planning Board. (Planning, Building and Transportation 20962710) 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 2022-2182 Adoption of Resolutions Reappointing Adrienne Alexander, Alice Nguyen, and Eric Robbins as Members of the Recreation and Parks Commission, and Reappointing Alysha Natchtigall and Tina Yuen and Appointing Geoffrey Johnson and Saravana Suthanthira as Members of the Transportation Commission. 7-B 2022-2146 Recommendation to Approve a Term Sheet for Development of the West Midway Project; Direct Staff to Negotiate a Disposition and Development Agreement with Brookfield Homes and Catellus for Construction of the West Midway Project at Alameda Point; and Authorize the Interim City Manager to Execute the Fourth Amendment to the Exclusive Negotiating Agreement to Extend the Term. City of Alameda Page 5 Printed on 7/6/2022 City Council Meeting Agenda July 5, 2022 (Community Development 29061822) Attachments: Exhibit 1 - Term Sheet with Exhibits Exhibit 2 - Milestone Schedule Exhibit 3 - Fourth Amendment to ENA Exhibit 4 - ENA and Amendments 1-3 Presentation Correspondence - Updated 7/5 7-C 2022-2103 Adoption of Resolution Calling for the Holding of a Consolidated Municipal Election in the City of Alameda on Tuesday, November 8, 2022 Submitting a Proposed Charter Amendment to Revise the Salary of Mayor and City Councilmembers, Establishing the Policies and Procedures for Such an Election, Requesting that the County of Alameda Conduct Such an Election and Authorizing City Councilmembers to File Written Arguments For or Against the Measure. (City Clerk 10022022) Attachments: Resolution Correspondence Presentation 7-D 2022-2147 Adoption of Ordinance Enacting an Increase in the City’s Transient Occupancy Tax from Ten Percent (10%) to Fourteen Percent (14%), Subject to a Vote of the Electorate at the November 8, 2022 Election; and Adoption of Resolution Calling an Election in the City of Alameda to be Consolidated with the City's Next General Municipal Election on November 8, 2022, and Submitting to the Electors A Ballot Measure, "City of Alameda Transient Occupancy Regional Parity Measure," Seeking Amendment to the City’s Transient Occupancy Tax from Ten Percent (10%) to Fourteen Percent (14%) by Amending the Alameda Municipal Code Chapter 3-61.3 (Tax Imposed), Establishing the Policies and Procedures for Such an Election, Requesting that the County of Alameda Conduct Such an Election and Authorizing City Councilmembers to File Written Arguments For or Against the Measure. (City Manager 10021030) Attachments: Resolution Presentation Correspondence 7-E 2022-2109 Introduction of Ordinance Adopting a Military Equipment Use Policy for the Alameda Police Department. (Police 10031100) City of Alameda Page 6 Printed on 7/6/2022 City Council Meeting Agenda July 5, 2022 Attachments: Exhibit 1 - Military Equipment Use Ordinance Presentation 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 10-B 2022-2175 Consider Directing Staff to Address Massive Corporations Purchasing Housing. (Councilmember Herrera Spencer) 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 2022-2186 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 and Social Services Human Relations Board. 11-B 2022-2131 Designation of Voting Delegates and Alternates for the League of California Cities Annual Conference. Attachments: League Voting Delegate Form 12 Adjournment - City Council City of Alameda Page 7 Printed on 7/6/2022 City Council Meeting Agenda July 5, 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. • 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. • 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 7/6/2022