City Council

City of Alameda Meeting Agenda City Council Tuesday, July 18, 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. 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 2023-3244 Recommendation to Approve Jennifer Ott, City Manager, Andrew Thomas, Interim Base Reuse and Economic Development Director, Len Aslanian, Assistant City Attorney, and John McManus, Broker, as Real Property Negotiators for Building 39, Located at 950 West Tower Avenue, Alameda, CA [Pyka, Inc.]. (Base Reuse and Economic Development 29061822) 2-B 2023-3203 Recommendation to Approve Jennifer Ott, City Manager, Jessica City of Alameda Page 1 Printed on 7/19/2023 City Council Meeting Agenda July 18, 2023 Romeo, Human Resources Director, Edward Kreisberg, Outside Counsel, and Doug McManaway, Deputy City Attorney, as Labor Negotiators for the City of Alameda. (Human Resources 10025060) 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 2023-3247 CONFERENCE WITH LEGAL COUNSEL - WORKERS’ COMPENSATION CLAIM (Pursuant to Government Code § 54956.95) Claimant: Employee - Fire Department, City of Alameda Claims: 2095500007; 2295500154; 1695500080; 1695500022 Agency Claimed Against: City of Alameda 4-B 2023-3246 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Sec. 54956.9(a) Case Name: Kaneshiro v. City of Alameda Court: Superior Court of the County of Alameda Case No. 22CV012572 4-C 2023-3245 CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) PROPERTY: Building 39, Located at 950 West Tower Avenue, Alameda Point, Alameda, CA CITY NEGOTIATORS: City Manager Jennifer Ott, Interim Base Reuse and Economic Development Director Andrew Thomas, Assistant City Attorney Len Aslanian, and Broker John McManus NEGOTIATING PARTIES: City of Alameda and Pyka, Inc. UNDER NEGOTIATION: Price and Terms of Lease 4-D 2023-3249 CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Potential 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): Wrightspeed, Inc. dba REVO Powertrains 4-E 2023-3202 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6) CITY NEGOTIATORS: Jennifer Ott, City Manager, Jessica Romeo, Human Resources Director, Edward Kreisberg, Outside Counsel, and Doug McManaway, Deputy City Attorney EMPLOYEE ORGANIZATIONS: International Association of Firefighters (IAFF) UNDER NEGOTIATION: Salaries, Employee Benefits and Terms of Employment City of Alameda Page 2 Printed on 7/19/2023 City Council Meeting Agenda July 18, 2023 5 Announcement of Action Taken in Closed Session, if any 2023-3286 July 18, 2023 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 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 2023-3269 Minutes of the Special City Council Meeting, the Special Joint City Council and Successor Agency to the Community Improvement Commission Meeting and Regular City Council Meeting Held on June 20, 2023. (City Clerk) 5-B 2023-3270 Bills for Ratification. (Finance) Attachments: Bills for Ratification 5-C 2023-3201 Recommendation to Authorize the City Manager to Execute an Agreement with Griffin Structures, Inc. in the Amount Not-to-Exceed $1,077,000, Including a 5% Contingency, for Project Management of the City Aquatic Center, Estimated to Cost $30 Million and Located on the West Side of Sweeney Park. (Recreation 10051400) Attachments: Exhibit 1 - Agreement Exhibit 1 - REVISED Agreement City of Alameda Page 3 Printed on 7/19/2023 City Council Meeting Agenda July 18, 2023 5-D 2023-3220 Recommendation to Authorize Updates to the Existing Alameda Police Department Policy Manual to Conform to Best Practices and to Ratify Policies that Have Been Updated Pursuant to Legal Updates, Significant Liability Issues, and Imminent Safety. (Police 10031100) Attachments: Exhibit 1 - Policy Updates 5-E 2023-3210 Recommendation to Authorize the City Manager to Negotiate and Execute a Two-Year Agreement with Wittman Enterprises, LLC, Substantially in the Same Form as Attached, for Ambulance and Alarm Billing in an Amount Not-to-Exceed $400,000 with the Option of Three One-Year Extensions for a Total Not-to-Exceed Amount of $1,000,000 for a Total of Five Years. (Fire 10032260) Attachments: Exhibit 1 - Agreement 5-F 2023-3207 Recommendation to Authorize the City Manager to Execute a Five-Year Agreement with National Plant Services, Inc. for Storm Drain Cleaning, Assessment, and Trenchless Repairs in an Amount Not-to-Exceed $1,650,000. In accordance with the California Environmental Quality Act (CEQA), this action is categorically exempt from further environmental review pursuant to CEQA Guidelines Sections 15301 (Existing Facilities) and 15302 (Replacement or Reconstruction). (Public Works 31041520) Attachments: Exhibit 1 - Agreement 5-G 2023-3221 Recommendation to Authorize the City Manager to Execute a Five-Year Agreement with SCS Engineers to Continue Implementation of a Zero Waste Strategy for a Targeted Technical Assistance Program for Commercial Businesses and Multi-Family Properties to Reduce the Amount of Garbage Sent to Landfills in an Amount Not-to-Exceed $1,623,263. In accordance with California Environmental Quality Act (CEQA), this project is categorically exempt pursuant to CEQA Guidelines Section 15308 (Actions by Regulatory Agencies for Protection of the Environment). The strategies in the Zero Waste Implementation Plan Update are intended to guide the City in its reduction in greenhouse gas emissions, and thus the City is taking this action to assure the protection of the environment pursuant to a regulatory process that involves procedures for protection of the environment. (Public Works 26141630/26241631) Attachments: Exhibit 1 - Agreement 5-H 2023-3222 Recommendation to Authorize the City Manager to Execute a Five-Year Agreement with Blue Flame Crew West, LLC for the Operation and Maintenance of Alameda Doolittle Landfill in an Amount City of Alameda Page 4 Printed on 7/19/2023 City Council Meeting Agenda July 18, 2023 Not-to-Exceed $765,110. In accordance with the California Environmental Quality Act (CEQA), this action is categorically exempt from further environmental review pursuant to CEQA Guidelines Section 15301 (Existing Facilities). (Public Works 26041632) Attachments: Exhibit 1 - Agreement 5-I 2023-3229 Recommendation to Authorize the City Manager to Execute a Five-Year Agreement with Imperial Maintenance Services for Janitorial Services for Forty-Two City Building Facilities in a Total Agreement Amount Not-to-Exceed $3,412,818. In accordance with the California Environmental Quality Act (CEQA), this action is categorically exempt from further environmental review pursuant to CEQA Guidelines Section 15301 (Existing Facilities). (Public Works 60341590) Attachments: Exhibit 1- Agreement 5-J 2023-3224 Recommendation to Authorize the City Manager to Execute a Second Amendment to the Agreement with Innovative Interfaces, Inc. to Provide the Software System and Database Used by the Alameda Free Library for Services Including, but Not Limited to, Materials Acquisition, Online Public Access Catalog, Patron Circulation and Accounts, Materials Cataloging and Processing, System Administration, Reporting, and Interlibrary Loans for Five Additional Years in the Amount of $358,350.17 for a Total Agreement Compensation Not-to-Exceed $880,968.17. (Library 21052300) Attachments: Exhibit 1 - Second Amendment Exhibit 2 - First Amendment Exhibit 3 - Original Agreement 5-K 2023-3208 Recommendation to Authorize the City Manager to Execute Documents, Agreements and Modifications with The Village of Love Foundation to Operate the Day Center and Safe Sheltering Program for Two Years from September 1, 2023 to August 31, 2025 for Up to $2,176,096 with Funding from Homeless Housing Assistance and Prevention (HHAP) Program and General Fund. (City Manager 10021833) Attachments: Exhibit 1 - HHAP Agreement Exhibit 2 - General Fund Agreement 5-L 2023-3227 Recommendation to Authorize the City Manager to Execute a One-Year Agreement from October 1, 2023 to September 30, 2024 with The Village of Love Foundation to Provide Homeless Outreach Team Services for Alameda's Homeless Population in an Amount City of Alameda Page 5 Printed on 7/19/2023 City Council Meeting Agenda July 18, 2023 Not-to-Exceed $296,415; and Adoption of Resolution Amending the Fiscal Year 2023-24 General Fund Budget to Appropriate an Additional $131,415 from General Fund Residual Fund Balance to the Homelessness Program. (City Manager 10021833) Attachments: Exhibit 1 - Agreement Resolution 5-M 2023-3200 Recommendation to Authorize the City Manager to Execute an Agreement with W. Bradley Electric, LLC. for the Ralph Appezzato Memorial Parkway Intersection Modifications Project, No. P.W. 03-23-06, in an Amount Not-to-Exceed $905,987, Including Contingency; and Adoption of Resolution Amending the Fiscal Year 2023-24 Capital Budget by Reducing Revenue and Expenditure Appropriations in Capital Improvement Project C61000 (Street Safety) by $375,000, and Increasing Revenue and Expenditure Appropriations for Capital Improvement Project C13000 (Traffic Signals and Systems) by $375,000. In accordance with the California Environmental Quality Act (CEQA), this action is categorically exempt from further environmental review pursuant to CEQA Guidelines Section 15301 (Existing Facilities). (Public Works 31041520) Attachments: Exhibit 1 - Agreement Resolution 5-N 2023-3271 Final Passage of Ordinance Amending the Zoning Map for the Approximately 6.73-Acre Property at 250 Singleton Avenue (APN 74-905-9-7) to Remove the G Overlay, Special Government Combining District Designation, as Recommended by the Planning Board. The Alameda General Plan 2040 Final Environmental Impact Report, State Clearinghouse #2021030563, was certified by City Council on November 30, 2021. None of the circumstances requiring further CEQA review are present. (Planning, Building & Transportation 20962710) 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 2023-3254 Adoption of Resolutions Appointing Andrew Dewey and Lynn Jones as Members of the Golf Commission, Appointing Kathryn Beehler and Kathleen Bonsmith as Members of the Commission on Persons with City of Alameda Page 6 Printed on 7/19/2023 City Council Meeting Agenda July 18, 2023 Disabilities, Reappointing Peter Platzgummer and Liz Rush as Members of the Public Art Commission, Appointing Kareem Burney, Wesley Radez, and Drew Swartz as Members of the Recreation and Parks Commission, and Appointing Drew Dara-Abrams and Scott Weitze as Members of the Transportation Commission. 7-B 2023-3228 Recommendation to Authorize the City Manager to Execute an Amendment to the Agreement with the Friends of the Alameda Animal Shelter for Animal Shelter Operations to Clarify Payment Schedule for a Total 10-Year Compensation Not-to-Exceed $11,574,639. (City Manager 10021030) Attachments: Exhibit 1 - Amendment Exhibit 2 - Original Agreement Presentation Withdrawn by Staff 7-C 2023-3206 Summary Title: Approval of an Updated Design for the Grand Street Safety Improvement Project (Project) from Shore Line Drive to Clement Avenue; and Allocation of Funds for Design and Construction of the Project from Shore Line Drive to Encinal Avenue Recommendation to Approve an Updated Design for the Grand Street Safety Improvement Project for a Continuous Two-Way Bikeway from Shore Line Drive to Clement Avenue and to Invalidate and Set Aside All Prior Decisions Regarding the Grand Street Safety Improvement Project Concept and Plan Previously Addressed at City Council Meetings on October 4, 2022, October 18, 2022 and November 1, 2022; and Adoption of Resolution Amending the Fiscal Year 2023-24 Operating and Capital Budget (Various Funds) for a Total Increase Not-to-Exceed $4,675,000, Including Appropriating $2,000,000 from General Fund (Fund 100) Residual Fund Balance, for a Total Allocation of $7,110,000 in Funds for Design and Construction of the Project from Shore Line Drive to Encinal Avenue. In accordance with the California Environmental Quality Act (CEQA), the recommendations for the Grand Street Safety Improvement Project are categorically exempt from further environmental review pursuant to CEQA Guidelines section 15301 (Existing Facilities - specifically, minor alterations to existing facilities including bicycle facilities) and 15304 (Minor Alterations to Land - specifically, creation of bicycle lanes on existing public rights of way). (Public Works 31041520) City of Alameda Page 7 Printed on 7/19/2023 City Council Meeting Agenda July 18, 2023 Attachments: Exhibit 1 - Concept Overview Exhibit 2 - High Injury Corridor: Methodology and Data Exhibit 3 - Parking Analysis: Otis to Clement Exhibit 4 - 5/31/23 Community Workshop Presentation Exhibit 5 - 2023 Community Engagement Resolution Presentation Correspondence - Updated 7/18 7-D 2023-3181 Summary Title: Approval of Development Agreements with MidPen Housing and the Collaborating Partners for the RESHAP Project Consisting of 309 Permanent Supportive Housing Units on a New 8-Acre Campus at Alameda Point, Including Declaring the Property Exempt Surplus Land Public Hearing to Consider Adoption of Resolution Declaring the Rebuilding Existing Supportive Housing at Alameda Point (RESHAP) Property and the Adjacent West Midway Property Located at the Corner of West Midway Avenue and Pan Am Way at Alameda Point to Be Exempt Surplus Land under the Surplus Land Act; Introduction of Ordinance Authorizing the City Manager to Execute a Disposition and Development Agreement (DDA) between the City of Alameda and the Collaborating Partners and MidPen Housing Corporation for the Development of the RESHAP Property in Substantial Conformance with Exhibit 2; and Introduction of Ordinance Authorizing the City Manager to Execute a Development Agreement (DA) between the City of Alameda and the Collaborating Partners and MidPen Housing Corporation for the Development of the RESHAP Property in Substantial Conformance with Exhibit 3. Pursuant to Public Resources Sections 21166 and 21083.3 and Sections 15162 and 15183 of the CEQA Guidelines, no further environmental review is required. (Base Reuse 29061810) City of Alameda Page 8 Printed on 7/19/2023 City Council Meeting Agenda July 18, 2023 Attachments: Exhibit 1 - Development Plan Exhibit 2 - Development and Disposition Agreement Exhibit 3 - Development Agreement Exhibit 4 - CEQA Checklist and Mitigation Monitoring and Reporting Program Resolution RESHAP Surplus Lands Resolution RESHAP Surplus Lands - REVISED Ordinance RESHAP DDA Ordinance RESHAP DA Staff Correspondence Presentation - RESHAP and West Midway Presentation - RESHAP Correspondence - Updated 7/19 7-E 2023-3182 Summary Title: Approval of Development Agreements with BC West Midway LLC for the West Midway Project Consisting of Development of 478 Housing Units on Approximately 26 Acres of Land Located between West Tower Avenue, West Midway Avenue, Main Street and Pan Am Way at Alameda Point Public Hearing to Consider Introduction of Ordinance Authorizing the City Manager to Execute a Disposition and Development Agreement in Substantial Conformance with Exhibit 2 between the City of Alameda and BC West Midway LLC; Introduction of Ordinance Authorizing the City Manager to Execute a Development Agreement in Substantial Conformance with Exhibit 3 Between the City of Alameda and BC West Midway LLC; Adoption of Resolution Amending the Fiscal Year 2023-2025 Budget to Appropriate and Allocate $9.5 Million from Fund 290 (Alameda Point Fund) for a Loan to Construct Infrastructure and Site Preparation for the RESHAP Project to Be Repaid at a Later Date with the Construction of the Adjacent Market Rate Housing Projects; and Recommendation to Authorize the City Manager to Execute to a Sixth Amendment to the Exclusive Negotiating Agreement between the City of Alameda and Brookfield Bay Area Development Holdings LLC and Catellus Development Corporation for the West Midway Project until such Date that the Disposition and Development Agreement becomes Effective on October 6, 2023. Pursuant to Public Resources Sections 21166 and 21083.3 and Sections 15162 and 15183 of the California Environmental Quality Act (CEQA) Guidelines, no further environmental review is required. (Base Reuse 29061810) City of Alameda Page 9 Printed on 7/19/2023 City Council Meeting Agenda July 18, 2023 Attachments: Exhibit 1 - Development Plan Exhibit 2 - Development Agreement Exhibit 3 - Disposition and Development Agreement Exhibit 3 Part 2 - Disposition and Development Agreement Exhibits Exhibit 4 - CEQA Checklist and Mitigation Monitoring and Reporting Program Exhibit 5 - Sixth Amendment to Exclusive Negotiating Agreement Ordinance - DDA Ordinance - DA Resolution - Budget Amendment Staff Correspondence Presentation - RESHAP and West Midway Presentation - West Midway Correspondence - Updated 7/19 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 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 2023-3272 Mayor’s Nomination for Appointment Civil Service Board and Public Utilities Board. 12 Adjournment - City Council City of Alameda Page 10 Printed on 7/19/2023 City Council Meeting Agenda July 18, 2023 • 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 11 Printed on 7/19/2023