City Council

City of Alameda Meeting Agenda City Council Tuesday, October 18, 2022 7:00 PM City Hall, 2263 Santa Clara Avenue, Council Chambers, 3rd Floor, Alameda CA 94501 The agenda was revised on October 18, 2022 at 11:00 a.m. to add the 5:00 p.m. Continued Closed Session 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_xuFT3IrWQyGelS-s1fkK2g For Telephone Participants: Zoom Phone Number: 669-900-9128 Zoom Meeting ID: 867 5758 2947 Closed Session participation options are under Section 2 of the Closed Session agenda. 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. CONTINUED OCTOBER 17, 2022 SPECIAL CITY COUNCIL MEETING - CLOSED SESSION - 5:00 P.M. 1 Roll Call - City Council 2 Continued Closed Session 3-A 2022-2409 PUBLIC EMPLOYEE APPOINTMENT/HIRING Pursuant to Government Code § 54957 Title/description of positions to be filled: City Manager [Continued from City of Alameda Page 1 Printed on 11/2/2022 City Council Meeting Agenda October 18, 2022 September 28, 2022 to October 17, 2022, from October 17, 2022 to October 18, 2022, from October 18, 2022 to October 25, 2022 and from October 25, 2022 to November 1, 2022; public comment closed] 3 Announcement of Action Taken in Closed Session, if any 2022-2540 October 18, 2022 Continued Closed Session Announcement Attachments: Announcement 4 Adjournment - City Council SPECIAL CITY COUNCIL MEETING - CLOSED SESSION - 5:15 P.M. 1 Roll Call - City Council 2 Public Comment on Agenda Items Only - Anyone wishing to comment via telephone, please call: Phone Number: 669-900-9128 Meeting ID: 828 2065 5579 To have a comment read into the record, please email clerk@alamedaca.gov 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: 3-A 2022-2448 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Gov’t Code Sec. 54956.9(a) Case Name: Kahuanui v. City of Alameda et al. Court: Alameda County Superior Court Case No. RG21105553 3-B 2022-2477 PUBLIC EMPLOYEE APPOINTMENT/HIRING Pursuant to Government Code § 54957 Title/description of positions to be filled: City Manager/Interim City Manager 4 Announcement of Action Taken in Closed Session, if any 2022-2567 October 18, 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. City of Alameda Page 2 Printed on 11/2/2022 City Council Meeting Agenda October 18, 2022 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 2022-2463 Minutes of the Special Joint City Council and SACIC Meetings Held on June 21, 2022, July 12, 2022 and September 20, 2022. [City Council/SACIC] (City Clerk) 2-B 2022-2431 Recommendation to Accept the Unaudited Fourth Quarter Revenue and Expenditure Report for Fiscal Year (FY) 2021-22. [City Council and SACIC] (Finance 10024051) Attachments: Exhibit 1 - FY 2021-22 Fourth Quarter Report 3 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 3-A 2022-1620 Proclamation Declaring October 2022 as Domestic Violence Awareness Month. 3-B 2022-1621 Proclamation Declaring October 2022 as Disability Awareness and Acceptance Month. 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 City of Alameda Page 3 Printed on 11/2/2022 City Council Meeting Agenda October 18, 2022 5-A 2022-2487 Minutes of the Special and Regular City Council Meetings Held on September 20, 2022 and the Special Meetings Held on September 27 and 28, 2022. (City Clerk) 5-B 2022-2490 Bills for Ratification. (Finance) Attachments: Bills for Ratification 5-C 2022-2420 Recommendation to Authorize the Interim City Manager, or Designee, to Execute an Amendment to the Darktrace Enterprise Immune System Subscription in an Amount Not to Exceed $54,235.03, for an Aggregate Amount Not to Exceed $345,235.03 for a Three-Year Term. (Information Technology 60626070) Attachments: Exhibit 1 - Subscription Quote Exhibit 2 - Terms and Conditions Exhibit 3 - Master Customer Agreement Exhibit 4 - Original Subscription Quote Exhibit 5 - Master Customer Agreement - Alameda Municipal Power 5-D 2022-2426 Recommendation to Authorize the Interim City Manager, or Designee, to Execute a Five-Year Agreement with SOLitude Lake Management for Maintenance of the Bayport Stormwater Treatment Pond for an Amount Not to Exceed $86,130. (Public Works 28041530) Attachments: Exhibit 1 - Inspection and Maintenance Plan Exhibit 2 - Agreement 5-E 2022-2427 Recommendation to Authorize the Interim City Manager, or Designee, to Execute a Five-Year Agreement with Clark Services for Harbor Bay Ferry Terminal Maintenance for an Amount Not to Exceed $391,172. (Public Works 27241530) Attachments: Exhibit 1 - Agreement 5-F 2022-2462 Recommendation to Authorize the Interim City Manager, or Designee, to Execute a Five-Year Agreement with Emerald Landscape for Landscape Maintenance in the Harbor Bay Zone of the City’s Landscape and Lighting District 84-2 for an Amount Not to Exceed $1,210,056. (Public Works 27241530) Attachments: Exhibit 1 - Agreement 5-G 2022-2425 Recommendation to Authorize the Interim City Manager, or Designee, to Execute a Five-Year Agreement with Turbo Data Systems Incorporated for an Integrated Automated License Plate Reader (ALPR) and Parking Citation Processing and Collection Service Solution for an Amount Not to Exceed $541,570; and City of Alameda Page 4 Printed on 11/2/2022 City Council Meeting Agenda October 18, 2022 Adoption of Resolution Amending the Fiscal Year 2022-23 Parking Enforcement Operating Budget to Increase Revenue in the Amount of $105,672 and Increase Expenditures in the Amount of $105,672. (Public Works 26541643) Attachments: Exhibit 1 - Agreement Exhibit 2 - Parking Enforcement Policy Exhibit 3 - Records Retention Schedule Resolution 5-H 2022-2279 Adoption of Resolution Approving a Memorandum of Understanding (MOU) Between the Alameda Police Officers Association, Non-Sworn (PANS) and the City of Alameda for a Thirty-Six Month Term Commencing July 1, 2022 and Ending June 30, 2025. (Human Resources 10025060) [Not heard on September 20, 2022] Attachments: Exhibit 1 - Memorandum of Understanding – Redline Exhibit 2 - Memorandum of Understanding - Clean Exhibit 3 - PANS Salary Schedule Resolution 5-I 2022-2340 Adoption of Resolution Appropriating $126,618 in Transportation Development Act, Article 3 Grant Funding by Amending the Fiscal Year 2022-23 Capital Budget to Increase Budgeted Revenue and Expenditures in Capital Improvement Program C14000 by $50,000 and in Capital Improvement Program C11000 by $76,618 for Grand Street Improvements. (Planning, Building and Transportation 20962740) Attachments: Resolution Correspondence - Updated 10/18 5-J 2022-2443 Adoption of Resolution Approving Tentative Tract Map No. 8570 to Subdivide a Portion of the Oakland Inner Harbor Tidal Canal (APN No. 71-289-8) to Create Seven Parcels. (Planning, Building and Transportation 20962710) Attachments: Exhibit 1 - Tentative Map No. 8570 Resolution 5-K 2022-2416 Adoption of Resolution Authorizing the Interim City Manager, or Designee, to Negotiate and Execute a Grant Agreement Between the State of California Department of Parks and Recreation, Division of Boating and Waterways and the City of Alameda By and Through the Alameda Police Department; and Adoption of Resolution Amending the Fiscal Year 2022-23 Midcycle Police Grants Fund (221) Estimated Revenue and Expenditures Budget by $100,000 Each for the Surrendered and Abandoned Vessel Exchange Grant. (Police 10031100) City of Alameda Page 5 Printed on 11/2/2022 City Council Meeting Agenda October 18, 2022 Attachments: Exhibit 1 - Grant Agreement: Certificate of Funding Resolution - Grant Agreement Resolution - Amending Budget 5-L 2022-2486 Final Passage of Ordinance Authorizing the Interim City Manager, or Designee, to Execute a Lease with Kai Concepts, LLC, a California Limited Liability Company, for Thirty Six Months for Building 168 Located at 1651 Viking Street, Alameda, CA (Community Development 29061822) 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 2022-2424 Recommendation to Provide Direction on Whether to Proceed with a City Aquatic Center, and, if Yes, Determine Location for Any Such Center, which may include West of the O’Club at Alameda Point or the West Side of Sweeney Park, and Determine Funding Sources, with Options Including Financing, a Voter Approved Bond, Residual Unassigned General Fund Balance or a Combination. (Recreation 10051400) Attachments: Exhibit 1 - Potential Locations Map Exhibit 2 - Conceptual Design Presentation Correspondence - Updated 10/18 7-B 2022-2457 Adoption of Resolution Increasing Fiscal Year 2022-23 Expenditure Appropriations in (1) the American Rescue Plan Act (ARPA) Project (C99300) in the ARPA Fund (223) by $4,055,995; and (2) the General Fund by $1,000,000 to Provide Gap Funding For the Dignity Village Supportive Homeless Housing Project Located at 2350 5th Street, Alameda, California; and Recommendation to Authorize the Interim City Manager, or Designee, to Execute Related Documents, Agreements and Modifications with Five Keys Schools and Programs to Distribute up to $4,055,995 in Gap Funding and to Distribute Donations Received for the Completion of Dignity Village Supportive Homeless Housing Project (Community Development 10061833) Attachments: Resolution Presentation 7-C 2022-2445 Recommendation to Authorize the Interim City Manager, or Designee, to Execute a Five Year Agreement with Five Keys Schools and City of Alameda Page 6 Printed on 11/2/2022 City Council Meeting Agenda October 18, 2022 Programs to Provide Interim Supportive Housing for Dignity Village in the Amount not to Exceed $10,745,844; and Adoption of Resolution Amending the Grants Fund Budget (222) to Appropriate an Additional $2,555,844 for Homekey 2.0 Grant Project (G24030). (Community Development 10061831) Attachments: Exhibit 1 - Agreement Resolution Presentation 7-D 2022-2396 Public Hearing to Receive Comments on the Proposed Permanent Local Housing Allocation (PLHA) Plan; and Adoption of Resolution Authorizing the Submission of an Application for Senate Bill 2 Funding from the State Department of Housing and Community Development Under the Permanent Local Housing Allocation (PLHA) Program, Amending the City’s Five-Year PLHA Plan, Adopting the Revised Five-Year PLHA Plan, Accepting PLHA Funding, and Allocating PLHA Funding; and Adoption of Resolution Amending the PLHA Five Year Plan Grant Budget (G24010) to Increase 2020 Allocation Revenues and Expenditures in the Amount of $309,728 and to Increase 2021 Allocation Revenues and Expenditures in the Amount of $396,985; and Recommendation to Authorize the Interim City Manager, or Designee, to Negotiate and Execute Related Documents, Agreements, and Modifications. (Community Development 10061833) Attachments: Exhibit 1 - PLHA Application Exhibit 2 - PLHA Amendment Resolution - PLHA Resolution - Budget Presentation 7-E 2022-2436 Adoption of Resolution Authorizing the Interim City Manager, or Designee, to Accept and Appropriate HOME Investment Partnerships American Rescue Program Funds in the Amount of $2,350,000; and Amending the HOME Fund Budget (201) to Increase the 2022 Allocation of Revenues and Expenditures in the Amount of $2,350,000; and Recommendation to Authorize the Interim City Manager, or Designee, to Negotiate and Execute Documents, Agreements, and Modifications Related to Such Funds. (Community Development 20161848) Attachments: Exhibit 1 - 2021 HOME Agreement Amendment Resolution Presentation City of Alameda Page 7 Printed on 11/2/2022 City Council Meeting Agenda October 18, 2022 7-F 2022-2432 Recommendation to Receive a Report and Provide Direction to Staff Regarding the Allocation and Expenditures of the $28.68 Million in Funding from the Federal Government through the American Rescue Plan Act of 2021 (ARPA). (Finance 10024051) Attachments: Exhibit 1 - Eligible Uses Exhibit 2 - Spending Plan Exhibit 3 - Expenditure Summary Presentation Correspondence 7-G 2022-2422 Adoption of Resolution Terminating the Declaration of the Existence of a Local Emergency in Response to the COVID-19 Pandemic, Consistent with Government Code Section 8630(d); Adoption of an Urgency or Non-Urgency Uncodified Ordinance Repealing Ordinance Nos. 3267 and 3272 to Effectuate the Termination of the Local Emergency While Continuing to Preserve Certain Administrative Authorities of the City Manager Such as Remote Work for Employees and Amending Ordinance No. 3271 Continuing to Suspend Provisions of the City’s Sunshine Ordinance that are Inconsistent with Assembly Bill 361 and Any Further Legislation to Allow Public Meeting to Be Held Remotely; and Introduction of Ordinance Amending Alameda Municipal Code Article XVIV (Third Party Food Delivery Services) of Chapter VI (Businesses, Occupations and Industries) to Modify the Sunset Provision Such that the Cap on Food Delivery Service Fees Will Remain in Place Until the State Emergency is Rescinded. (City Manager 10021030) Attachments: Resolution Ordinance - Termination of Local Emergency Ordinance - Amending Article XVIV Presentation Presentation - REVISED Presentation - REVISED 10-18 Correspondence 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 City of Alameda Page 8 Printed on 11/2/2022 City Council Meeting Agenda October 18, 2022 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, July 5, September 6, 20, October 4 or 18, 2022] Attachments: Email 10-B 2022-2175 Consider Directing Staff to Address Massive Corporations Purchasing Housing. (Councilmember Herrera Spencer) [Not heard on July 5, September 6, 20, October 4 or 18, 2022] Attachments: Email 10-C 2022-2300 Consider Directing Staff to Create a Requirement for Upfront Payment of Candidate Statements if a Candidate for Local Elected Office Has a Balance Due from a Prior Election. (Councilmember Knox White and Vice Mayor Vella) [Not heard on September 6, 20, October 4 or 18, 2022] 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 • Meeting Rules of Order are available at: https://www.alamedaca.gov/Departments/City-Clerk/Key-Documents#section-4 • Please contact the City Clerk at 510-747-4800 or clerk@alamedaca.gov at least 48 hours prior to the meeting to request any reasonable accommodation that may be necessary to participate in and enjoy the benefits of the meeting. • 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. • Sign up to receive agendas here: https://alameda.legistar.com/Calendar.aspx City of Alameda Page 9 Printed on 11/2/2022 City Council Meeting Agenda October 18, 2022 • 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 10 Printed on 11/2/2022