City Council

City of Alameda Meeting Agenda City Council Tuesday, May 2, 2023 7:00 PM City Hall, 2263 Santa Clara Avenue, Council Chambers, 3rd Floor, Alameda CA 94501 MEETING TIMES: Closed Session - 5:00 p.m. Joint Meeting - 6:59 p.m. Regular Meeting - 7:00 p.m. The City allows members of the public to participate in person or remotely via Zoom For information to assist with Zoom participation, please click: https://www.alamedaca.gov/zoom For Zoom registration, please click: https://alamedaca-gov.zoom.us/webinar/register/WN_erP-XPEYSxyCexlUe21bnw For Telephone Participants: Zoom Phone Number: 669-900-9128 Zoom Meeting ID: 875 3960 0763 Any requests for reasonable accommodations should be made by contacting the City Clerk’s office: clerk@alamedaca.gov or 510-747-4800 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 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 2-A 2023-2979 Recommendation to Approve Jennifer Ott, City Manager, Amy Wooldridge, Assistant City Manager, Lisa Maxwell, Community Development Director, Len Aslanian, Assistant City Attorney, Lois Butler, Economic Development Division Manager, and Lisa Fitts, Community Development Manager, as Real Property Negotiators for the Property Located at 1900 Thau Way, Alameda, CA 94501 [All City of Alameda Page 1 Printed on 5/3/2023 City Council Meeting Agenda May 2, 2023 Good Living Foundation]. (Community Development 10061831) 3 Public Comment on Closed Session Items Only - 6 members of the public may speak for up to 3 minutes; 7 or more may speak for up to 2 minutes 4 Adjournment to Closed Session to consider: 4-A 2023-2985 CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) PROPERTY: West Midway Market-Rate Development Project (Parcel bounded by Main Street, West Midway, Pan Am and West Tower) Alameda Point, Alameda, CA CITY NEGOTIATORS: City Manager Jennifer Ott, Community Development Director Lisa Maxwell, Planning Building & Transportation Director Andrew Thomas, and Base Reuse Manager Scott Watson NEGOTIATING PARTIES: City of Alameda, Brookfield Development and Catellus UNDER NEGOTIATION: Terms of Disposition and Development Agreement and Related Real Property Agreements 4-B 2023-3020 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code § 54956.9) CASE NAME: In Re: National Prescription Opiate Litigation COURT: United States District Court Northern District of Ohio Eastern Division CASE NUMBER: MDL 2804 Case No. 1:17-md 2804 4-C 2023-2983 CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) PROPERTY: 1900 Thau Way, Alameda Point, Alameda, CA CITY NEGOTIATORS: City Manager Jennifer Ott, Assistant City Manager Amy Wooldridge, Community Development Director Lisa Maxwell, Assistant City Attorney Len Aslanian, Economic Development Division Manager Lois Butler, and Community Development Manager Lisa Fitts NEGOTIATING PARTIES: City of Alameda and All Good Living Foundation UNDER NEGOTIATION: Price and Terms of Lease 4-D 2023-2995 CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9, subsection (d)(4) Number of cases: One (As Plaintiff - City Initiating Legal Action) Potential Defendant(s): All Persons Unknown, Claiming Any Legal or Equitable Right, Title, Estate, Lien, or Interest in APNs 72-382-001, 72-382-002, 72-383-003-01 and 72-382-009 (Encinal Terminals) City of Alameda Page 2 Printed on 5/3/2023 City Council Meeting Agenda May 2, 2023 Adverse to Plaintiffs’ Title, or Any Cloud Upon Plantiffs’ Title Thereto; State of California, Acting By and Through State Lands Commission; and Does 1 through 50 Inclusive 5 Announcement of Action Taken in Closed Session, if any 2023-3057 May 2, 2023 Closed Session Announcement 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 2023-3021 Minutes of the Special Joint City Council and SACIC Meeting Held on March 21, 2023. [SACIC] (City Clerk) 3 Agenda Item - 6 members of the public may speak for up to 3 minutes; 7 or more may speak for up to 2 minutes 3-A 2023-2970 Recommendation to Accept the Fiscal Year 2021-22 Audited Financial Statements and Compliance Reports. [City Council/SACIC] (Finance 10024051) Attachments: Exhibit 1 - Audited Annual Comprehensive Financial Report Exhibit 2 - Gann Limit Agreed Upon Procedures Report Exhibit 3 - Measure B Report Exhibit 4 - Measure BB Report Exhibit 5 - Measure F (VRF) Program Report Exhibit 6 - Memorandum on Internal Control Exhibit 7 - Base Reuse Agreed Upon Procedures Report Exhibit 8 - Investments Agreed Upon Procedures Report Exhibit 9 - Required Communications Exhibit 10 - Single Audit City of Alameda Page 3 Printed on 5/3/2023 City Council Meeting Agenda May 2, 2023 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 3-A 2023-2898 Proclamation Declaring May 2023 as East Bay Affordable Housing Month. 3-B 2023-2900 Proclamation Declaring May 2023 as Jewish American Heritage Month. Attachments: Proclamation 3-C 2023-2902 Proclamation Declaring May 2023 as Asian Pacific Heritage 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 5-A 2023-3022 Minutes of the Regular City Council Meeting Held on April 4, 2023. (City Clerk) 5-B 2023-3023 Bills for Ratification. (Finance) Attachments: Bills for Ratification 5-C 2023-3001 Recommendation to Approve the 2023-24 Legislative Agenda for the City of Alameda. (City Manager 10021030) City of Alameda Page 4 Printed on 5/3/2023 City Council Meeting Agenda May 2, 2023 Attachments: Exhibit 1 - April 4, 2023 Staff Report Exhibit 2 - First draft of the 2023-2024 Legislative Agenda - clean Exhibit 3 - First draft of the 2023-2024 Legislative Agenda - redlined Exhibit 4 - Final draft of the 2023-2024 Legislative Agenda - clean Exhibit 5 - Final draft of the 2023-2024 Legislative Agenda - redlined Correspondence 5-D 2023-2977 Recommendation to Ratify Service Provider Agreements between RiverRock Real Estate Group, as an Agent for the City of Alameda, and Patrol Solutions, LLC for Security Services for a Not to Exceed Amount of $304,012, Gothic Landscape, Inc. for Landscape Services a Not to Exceed Amount of $268,230, and Bay Ship & Yacht, Co. for Pier/Port Management Services for a Not to Exceed Amount of $800,404. (Community Development 29061822) Attachments: Exhibit 1 - RiverRock Real Estate Group Agreement Exhibit 2 - Patrol Solutions, LLC Agreement Exhibit 3 - Gothic Landscape, LLC Agreement Exhibit 4 - Bay Ship & Yacht, Co. Agreement Correspondence from Staff 5-E 2023-2943 Recommendation to Authorize the City Manager to Execute an Agreement with Verde Design, Inc. for Engineering Services for Phase 2 of Estuary Park, at 201 Mosley Avenue, No. P. W. 02-23-03, for a Not-to-Exceed Amount of $295,825, which Includes a 10 Percent Contingency. Similar to the Phase 1 constructed project, the Phase 2 proposed project consists of the rehabilitation and improvement of an existing park. Both Phases are consistent with the zoning and general plan designation for the property, and the improvements will be subject to the existing design requirements of the Alameda Municipal Code ensuring compatibility with adjacent land uses. For these reasons, the proposed project will not result in any significant environmental impacts and will be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15301 (existing facilities), 15302 (replacement or reconstruction), and 15303 (new construction or conversion of small structures). (Public Works 31041520) Attachments: Exhibit 1 - Agreement Correspondence 5-F 2023-2964 Adoption of Resolution Preliminarily Approving the Annual Report City of Alameda Page 5 Printed on 5/3/2023 City Council Meeting Agenda May 2, 2023 Declaring the City of Alameda's Intention to Order the Levy and Collection of Assessments and Providing for Notice of Public Hearing on June 20, 2023 - Maintenance Assessment District 01-01 (Marina Cove). (Public Works 27741530) Attachments: Exhibit 1 - District Map Exhibit 2 - Engineer's Report Resolution 5-G 2023-2965 Adoption of Resolution Preliminarily Approving the Annual Report Declaring the City of Alameda's Intention to Order the Levy and Collection of Assessments and Providing for Notice of Public Hearing on June 20, 2023 - Island City Landscaping and Lighting District 84-2. (Public Works 27541530) Attachments: Exhibit 1 - Zones 1 through 8 Maps Exhibit 2 - Engineer's Report Resolution Correspondence - Updated 5/3 5-H 2023-2969 Adoption of Resolution Authorizing the City Manager to Submit a Request to the Metropolitan Transportation Commission for the Allocation of $124,451 in Fiscal Year 2023-24 for Maintenance of Shared Use Paths in Shoreline Park North of the Harbor Bay Ferry Terminal per Transportation Development Act Article 3 for Pedestrian/Bicycle Project Funding and to Execute All Necessary Documents. In accordance with the California Environmental Quality Act (CEQA), this project is categorically exempt under CEQA Guidelines Section15301(c) Existing Facilities. (Planning, Building and Transportation 20962740) Attachments: Resolution 5-I 2023-3019 Final Passage of Ordinance Amending the Alameda Landing Waterfront Master Plan PLN22-0401 to Replace a Requirement for a 5,000 Square Foot Commercial Retail Lot with Other Land Uses at the Northern Terminus of Fifth Street at Alameda Landing. CEQA Determination: A Final Supplemental Environmental Impact Report for the Alameda Landing Mixed Use Development Project was certified in accordance with the California Environmental Quality Act (CEQA) (State Clearinghouse #2006012091). (Transportation 20962743) Attachments: Correspondence 5-J 2023-2962 Public Hearing to Consider Adoption of Resolution Confirming the Webster Street Business Improvement Area Assessment Report for Fiscal Year 2023-24 and Levying an Assessment on the Webster City of Alameda Page 6 Printed on 5/3/2023 City Council Meeting Agenda May 2, 2023 Street Business Improvement Area with a Consumer Price Index Adjustment of 4.9 Percent for Fiscal Year 2023-24. (Community Development 10061810) Attachments: Exhibit 1 - Assessment Report Exhibit 2 - Assessment Fee Schedule FY 2023-24 Exhibit 3 - Boundaries Map Exhibit 4 - Address List Resolution 5-K 2023-2963 Public Hearing to Consider Adoption of Resolution Confirming the Park Street Business Improvement Area Assessment Report for Fiscal Year 2023-24 and Levying an Assessment on the Park Street Business Improvement Area with a Consumer Price Index Adjustment of 4.9 Percent for Fiscal Year 2023-24. (Community Development 10061810) Attachments: Exhibit 1 - Assessment Report Exhibit 2 - Assessment Fee Schedule FY 2023-24 Exhibit 3 - Boundaries Map Exhibit 4 - Address List Resolution 5-L 2023-2968 Public Hearing to Consider Adoption of the Community Development Block Grant/HOME Investment Partnerships Program Fiscal Year 2023-24 Action Plan; Authorize the City Manager to Use Permanent Local Housing Allocation Funds; and Authorize the City Manager to Negotiate and Execute Related Documents, Agreements, and Modifications at Funding Levels Approved by Congress. (Community Development 203, 201 & 222) Attachments: Exhibit 1 - Draft Action Plan Exhibit 2 - Draft Summary of Activities 6 Continued Agenda Items - Public comment and speaking times are determined based upon the prior meeting 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 2023-2966 Recommendation to Accept the Social Service Human Relations Board Community Needs Assessment Report. (Community Development 10061831) Attachments: Exhibit 1 - Draft 2023 Community Needs Assessment Presentation 7-B 2023-3014 Workshop to Provide Direction on Fiscal Years 2023-24 and 2024-25 Operating Budget to Be Incorporated into Budget Adoption Hearing City of Alameda Page 7 Printed on 5/3/2023 City Council Meeting Agenda May 2, 2023 Materials for City Council Consideration in June 2023. (Finance 10024056) Attachments: Exhibit 1 - Proposed Budget Summary Exhibit 2 - Biennial Budget Proposals Exhibit 3 - Workforce Change Requests Presentation Presentation - REVISED Correspondence - Updated 5/2 7-C 2023-3012 Workshop to Provide Direction on Fiscal Years 2023-24 and 2024-25 Capital Improvement Program (CIP) Budget. (Public Works 31041520) Attachments: Exhibit 1 - Draft CIP Project Sheets Presentation Presentation - REVISED 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 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 2023-3010 Consider Review of the Alameda Police Department's Implementation of Truleo, including Providing Direction on Termination of the Contract between City of Alameda and Truleo and the Removal of Alameda "Case Study" from Truleo's Website; and Consider Reviewing Implementation of the City's Body Worn Camera (BWC) Recordings Retention Policy, including Providing Truleo Audio Files from BWC Recordings from January 1, 2021 to Date (i.e., Files from Over One Year Ago). (Councilmember Herrera Spencer) Attachments: January 4, 2022 City Council Meeting Minutes Alameda Police Department Policy 450 "Portable audio/video recorders" Correspondence City of Alameda Page 8 Printed on 5/3/2023 City Council Meeting Agenda May 2, 2023 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 • Accessible seating for persons with disabilities, including those using wheelchairs, is available • Equipment for the hearing impaired is available for public use • Translators and sign language interpreters available if requested prior to the meeting • To request a translator, interpreter or any reasonable accommodation that may be necessary to participate in and enjoy the benefits of the meeting, please contact the City Clerk at 510-747-4800 or clerk@alamedaca.gov at least 48 hours prior to the meeting • View documents related to this agenda or sign up to receive agendas on the City’s website: https://alameda.legistar.com/Calendar.aspx • Documents related to this agenda are also available for public inspection and copying at the Office of the City Clerk (City Hall, 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 9 Printed on 5/3/2023