City Council

City of Alameda Meeting Agenda City Council Tuesday, September 5, 2023 7:00 PM City Hall, 2263 Santa Clara Avenue, Council Chambers, 3rd Floor, Alameda CA 94501 The agenda was revised on August 28, 2023 at 4:30 p.m. to indicate Item 7-B was withdrawn and would not be heard and to revise Exhibit 1 of Item 7-F. MEETING TIMES: Closed Session - 5:00 p.m. Joint Meeting - 6:59 p.m. Regular Meeting - 7:00 p.m. The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 2023-3327 Recommendation to Approve Jennifer Ott, City Manager, Andrew Thomas, Interim Base Reuse and Economic Development Director, City of Alameda Page 1 Printed on 9/6/2023 City Council Meeting Agenda September 5, 2023 and Len Aslanian, Assistant City Attorney, as Real Property Negotiators for, 2319 Central Avenue Alameda CA [Project Burger]. (Base Reuse 24061810) 2-B 2023-3324 Recommendation to Approve Jennifer Ott, City Manager, Andrew Thomas, Interim Base Reuse and Economic Development Director, and Len Aslanian, Assistant City Attorney, as Real Property Negotiators for, 2315 Central Avenue Alameda CA [Park Street Wine Cellars]. (Base Reuse 24061810) 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 2023-3350 CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) PROPERTY: Project Burger, Located at 2319 Central Avenue, # 4513, Alameda, CA CITY NEGOTIATORS: City Manager Jennifer Ott, Interim Base Reuse and Economic Development Director Andrew Thomas, Assistant City Attorney Len Aslanian (etc.) NEGOTIATING PARTIES: City of Alameda and Husam Haddad (or DBA). UNDER NEGOTIATION: Price and Terms of Lease 4-B 2023-3349 CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) PROPERTY: Park St. Wine Cellar, Located at 2315 Central Avenue, Alameda, CA CITY NEGOTIATORS: City Manager Jennifer Ott, Interim Base Reuse and Economic Development Director Andrew Thomas, Assistant City Attorney Len Aslanian (etc.) NEGOTIATING PARTIES: City of Alameda and Park St. Wine Cellars. UNDER NEGOTIATION: Price and Terms of Lease 4-C 2023-3353 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section 54956.9(a) Case Name: Brennan, et al. v City of Alameda, et al. Court: Alameda County Superior Court Case No: 22CV024994 4-D 2023-3354 CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9 Number of cases: One (As Plaintiff - City Exposure to Legal Action) Potential Defendants: Wrightspeed 5 Announcement of Action Taken in Closed Session, if any City of Alameda Page 2 Printed on 9/6/2023 City Council Meeting Agenda September 5, 2023 2023-3375 September 5, 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 2023-3325 Minutes of the Special Joint City Council and SACIC Meeting Held on June 20, 2023. [SACIC] (City Clerk) 2-B 2023-3306 Recommendation to Accept the Investment Transactions Report and Annual Investment Report for the Fiscal Year Ending June 30, 2023. [City Council and SACIC] (Finance 10024051) Attachments: Exhibit 1 - Quarterly Investment Transactions Report Exhibit 2 - Annual Investment Portfolio Summary 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 2023-3063 Proclamation Declaring September 2023 as National Hispanic and Latino Heritage Month. Attachments: Proclamation City of Alameda Page 3 Printed on 9/6/2023 City Council Meeting Agenda September 5, 2023 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; routine items include, but are not limited to: annual reports and hearings, budget adjustments, contracts, grants, final passage of Ordinances, Police policies and items returning to Council 5-A 2023-3303 Minutes of the Special and Regular City Council Meetings Held on July 5, 2023. (City Clerk) 5-B 2023-3326 Bills for Ratification. (Finance) Attachments: Bills for Ratification 5-C 2023-3312 Recommendation to Approve the City of Alameda Investment Policy. (Finance 10024051) Attachments: Exhibit 1 - Investment Policy 5-D 2023-3280 Recommendation to Endorse a Grant Application to the Charging and Fuel Infrastructure Grant Program Administered by the United States Department of Transportation for the Alameda Public Electric Vehicle Charging Project. In accordance with the California Environmental Quality Act (CEQA), this project is categorically exempt under CEQA Guidelines Section 15301 (operation, repair, maintenance, and/or minor alteration of existing structures, facilities, and/or mechanical equipment involving negligible expansion of existing use), Section 15303 (new construction and conversion of small structures and equipment), and Section 15304 (minor trenching). (Planning, Building and Transportation 10062032) Attachments: Exhibit 1 - Existing and Proposed Charging Locations 5-E 2023-3307 Recommendation to Authorize the City Manager to Execute a Fourth Amendment to the Agreement with CDM Smith to Increase Compensation by $300,000 for a Total Aggregate Compensation Not-to-Exceed $1,660,633, to Continue Engineering Support for the Clement Avenue Safety Improvement Project. In accordance with the California Environmental Quality Act (CEQA), this Project is Categorically Exempt Under CEQA Guidelines Section 15301(c) Existing Facilities (Minor Alterations to Existing Facilities City of Alameda Page 4 Printed on 9/6/2023 City Council Meeting Agenda September 5, 2023 Including Bicycle Facilities) and Section 15304(h) (Minor Alterations to Land and the Creation of Bicycle Lanes on Existing Public Rights of Way). (Transportation 20962740) Attachments: Exhibit 1 - Agreement Exhibit 2 - First Amendment Exhibit 3 - Second Amendment Exhibit 4 - Third Amendment Exhibit 5 - Fourth Amendment 5-F 2023-3309 Recommendation to Authorize the City Manager to Execute an Agreement with the California Department of Toxic Substances Control, for an Amount Not-to-Exceed $134,423, to Provide Soil Remediation Oversight Services Related to the Clement Avenue/Tilden Way Project. These actions are statutorily exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15061(b)(3), the general rule that CEQA only applies to actions that have the potential to cause a significant impact on the environment, 15308 (actions by regulatory agencies for protection of the environment) and 15183 (projects consistent with a community plan, general plan or zoning). (Transportation 20962743) Attachments: Exhibit 1 - Design Concept Exhibit 2 - Agreement 5-G 2023-3310 Recommendation to Authorize the City Manager to Execute a Four-Year Agreement with CMG Landscape Architecture, with Compensation Not-to-Exceed $2,767,000, Including Contingencies, as Technical Consultants for City-Led Adaptation Projects, Including a Long-term Adaptation Plan, the Oakland-Alameda Estuary Adaptation Project; and Bay Farm Island Adaptation Project. These actions are statutorily exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15061(b)(3), the general rule that CEQA only applies to actions that have the potential to cause a significant impact on the environment, 15308 (actions by regulatory agencies for protection of the environment) and 15183 (projects consistent with a community plan, general plan or zoning). (Public Works 31041520) Attachments: Exhibit 1 - Agreement Presentation 5-H 2023-3313 Recommendation to Endorse a Grant Application to the U.S. Forest Service Urban & Community Forestry Inflation Reduction Act Grant Program for the Alameda Urban Forest Project. In accordance with the California Environmental Quality Act (CEQA), this action is categorically exempt from further environmental review City of Alameda Page 5 Printed on 9/6/2023 City Council Meeting Agenda September 5, 2023 pursuant to CEQA Guidelines Section 15308 (Actions by Regulatory Agencies for the Protection of the Environment). (Public Works 31041520, Recreation and Parks 10051400) Attachments: Presentation 5-I 2023-3315 Recommendation to Authorize the City Manager to Accept the Improvements Completed by Alta Buena Vista Owner, LLC, for Tract 8254. In 2008, the City Council certified an Environmental Impact Report for the Northern Waterfront General Plan Amendment. Additionally, in 2014, the City Council adopted a subsequent Mitigated Negative Declaration and Mitigation Monitoring Program for the Del Monte Master Plan and Development Agreement. None of the circumstances requiring further California Environmental Quality Act review are present. (Public Works 31041520) 5-J 2023-3317 Recommendation to Accept the Work of NBC Construction and Engineering, Inc. for the Harbor Bay Isle Lagoon Improvement Project, No. PW 07-21-28. In accordance with the California Environmental Quality Act (CEQA), this project is categorically exempt from further environmental review pursuant to CEQA Guidelines Section 15301 (Existing Facilities). (Public Works 31041520) 5-K 2023-3318 Recommendation to Authorize the City Manager to Execute a Five-Year Agreement with Ecast Engineering, Inc. for Pothole Maintenance and Repair Services for Various Locations for a Total Not-to-Exceed Amount of $1,656,940. 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) and 15302 (Replacement or Reconstruction).(Public Works 31041520) Attachments: Exhibit 1 - Agreement 5-L 2023-3319 Recommendation to Authorize the City Manager to Execute a One-Year Agreement, with the Option of Four One-Year Extensions, with Spencon Construction Incorporated for a Total Five-Year Compensation Not-to-Exceed $4,555,650 for Sidewalk Replacement Services, No. P.W. 06-23-17. (Public Works 31041520) 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). Attachments: Exhibit 1 - Agreement 5-M 2023-3320 Recommendation to Authorize the Purchase of One Replacement Trailered Pump and Four Replacement Police Motorcycles Consistent with the Revised Vehicle Replacement Policy in Amounts City of Alameda Page 6 Printed on 9/6/2023 City Council Meeting Agenda September 5, 2023 Not-to-Exceed $124,238.47 from Thomas & Associates, $79,019.16 from Oakland Harley Davidson and $80,710.70 from National Auto Fleet Group. (Public Works 60141581) Attachments: Exhibit 1 - Quote: Thomas & Associates Exhibit 2 - Quote: Harley Davidson of Oakland Exhibit 3 - Quote: National Auto Fleet 5-N 2023-3311 Recommendation to Authorize the City Manager to Execute Two Agreements with Keep It Simple for Professional Services Required for Configuration of Dell Virtual Machine Host Servers in the Amount Not-to-Exceed $62,000. (Information Technology 60626074) Attachments: Exhibit 1 - Quote: City of Alameda Exhibit 2 - Quote: Alameda Police Department Exhibit 3 - Agreement: City of Alameda Exhibit 4 - Agreement: Alameda Police Department 5-O 2023-3316 Recommendation to Approve Purchase of the Microsoft 365 Subscription Licensing Agreement from SHI, a Microsoft Reseller Partner, Utilizing Riverside County’s Statewide Competitively Awarded Microsoft Enterprise Agreement Allowing All City of Alameda Staff to Move to the Microsoft 365 Platform for a Total Three-Year Agreement Not to Exceed $935,290. (Information Technology 60626074) Attachments: Exhibit 1 - Quote: SHI Exhibit 2 - County of Riverside Enterprise Agreement 5-P 2023-3188 Adoption of Resolution Approving Funding Agreements with the Alameda Transportation Management Association (ATMA) Allowing Pass Through of Transportation Demand Management Fees for the Implementation of the Alameda Point Transportation Demand Management Plan and Acceptance of the ATMA Annual Report. A Final Environmental Impact Report for the Alameda Point Project was certified in accordance with the California Environmental Quality Act (CEQA) (State Clearinghouse #2013012043). (Base Reuse 29061822) Attachments: Exhibit 1 - Annual Report Exhibit 2 - Agreement: Community Facilities District Pass-Through Exhibit 3 - Agreement: Tenant Pass-Through Exhibit 4 - 2018 Pass-Through Agreements Resolution 5-Q 2023-3292 Final Passage 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 City of Alameda Page 7 Printed on 9/6/2023 City Council Meeting Agenda September 5, 2023 Corporation for the Development of the RESHAP Property. 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) Attachments: Exhibit A - Development and Disposition Agreement 5-R 2023-3293 Final Passage 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. 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) Attachments: Exhibit A - Development Agreement 5-S 2023-3294 Final Passage of Ordinance Authorizing the City Manager to Execute a Disposition and Development Agreement in Substantial Conformance with Exhibit A between the City of Alameda and BC West Midway LLC. 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) Attachments: Exhibit A - Disposition and Development Agreement 5-T 2023-3295 Final Passage of Ordinance Authorizing the City Manager to Execute a Development Agreement Between the City of Alameda and “BC West Midway LLC” for the Development of Approximately 26 Acres of Land Located Between West Tower Avenue, West Midway Avenue, Main Street and Pan Am Way at Alameda Point Referred to as the “West Midway Project.” 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) Attachments: Exhibit A - Development Agreement 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 2023-3285 Adoption of Resolutions Appointing Tracy Cote and Jordan Frank as Members of the Civil Service Board, and Appointing Ryan Bird as a City of Alameda Page 8 Printed on 9/6/2023 City Council Meeting Agenda September 5, 2023 Member of the Public Utilities Board. 7-B 2023-3321 WITHDRAWN - Recommendation to Review and Comment on the Port of Oakland’s Draft Environmental Impact Report for the Terminal Modification and Development Project at the Oakland Airport and on City Staff’s Draft Response Letter. (Planning, Building and Transportation 20962700) [Will not be heard September 5, 2023] Attachments: Exhibit 1 - Draft Letter Exhibit 2 - Executive Summary 7-C 2023-3322 Introduction of Ordinance Amending the Alameda Marina Master Plan and Approving Density Bonus Application No. PLN23-0179 to Increase the Alameda Marina Sitewide Housing Unit Count from 760 Units to 801 Units. The Alameda Marina Master Plan Environmental Impact Report (State Clearinghouse #2016102064) and the Alameda General Plan 2040 Environmental Impact Report (State Clearinghouse #2021030563) were certified in accordance with the California Environmental Quality Act. None of the circumstances necessitating further environmental review exists under CEQA Guidelines Sections 15162 and 15163. (Planning Building and Transportation 20962700) Attachments: Exhibit 1 - Master Plan Amendment and Density Bonus Application Exhibit 2 - Sitewide Phasing Plan Ordinance Presentation Correspondence 7-D 2023-3336 Recommendation to Establish a Community and Economic Benefit Special Events Grant Program to Support Events that Bring Economic, Cultural and/or Community Benefits to the City of Alameda; and Adoption of Resolution Amending the Fiscal Year 2023-24 General Fund Budget to Appropriate $200,000 from General Fund Residual Fund Balance for the Program. (Base Reuse and Economic Development 10061810) Attachments: Resolution Presentation 7-E 2023-3323 Adoption of Resolution Increasing the Mayor and Councilmember Salaries in Accordance with Alameda City Charter Section 2-1.1 and 2-4 Amended by Voters in November 2022 to Increase Mayor’s Base Salary to $28,311 Annually and Councilmembers’ Base Salary to $18,896 Annually Retroactive to July 1, 2023; and Amending the Fiscal Years 2023-25 Operating Budget Authorizing a Reallocation of $97,200 Each Fiscal Year from Non-departmental Contingency to City of Alameda Page 9 Printed on 9/6/2023 City Council Meeting Agenda September 5, 2023 City Council Personnel Budget. (Human Resources 10025060) Attachments: Resolution Presentation 7-F 2023-3308 Introduction of Ordinance Authorizing the City Manager to Execute a Lease for Building 39 with Pyka Inc. Located at 950 West Tower Avenue at Alameda Point, Alameda, California, for a Term of Eight Years with a Three-Year Extension Option. In accordance with California Environmental Quality Act (CEQA), this action is categorically exempt from further environmental review pursuant to CEQA Guidelines Section 15301 (Existing Facilities). (Base Reuse 29061822) Attachments: Exhibit 1 - Proposed Lease Revised Exhibit 1 - Proposed Lease Ordinance Presentation Presentation - REVISED Correspondence 7-G 2023-3314 Recommendation to Accept Offers of Dedication for the Clement Avenue Extension; and Introduction of Ordinance Approving the Transfer by Quitclaim Deed of Approximately 0.11 Acres of City Owned Property at the Del Monte Development Site to Alta Buena Vista Owner, LLC, in Exchange for the Clement Avenue Right-Of-Way Between Entrance Road and Sherman Street to the City per the Development Agreement for the Del Monte Warehouse Project. In 2008, the City Council certified an Environmental Impact Report for the Northern Waterfront General Plan Amendment. Additionally, in 2014, the City Council adopted a subsequent Mitigated Negative Declaration and Mitigation Monitoring Program for the Del Monte Master Plan and Development Agreement. None of the circumstances requiring further California Environmental Quality Act review are present. (Public Works 31041520) Attachments: Exhibit 1 - Request for Parcel Transfer Ordinance Presentation 7-H 2023-3183 Introduction of Ordinance Authorizing the City Manager to Execute a Fifth Amendment to the License with Amber Kinetics, Inc., a Manufacturer of Energy Storage Technologies, to Extend the License Term for Twelve Months and to Establish a New Monthly Rent for the Unimproved Lot Located at 641 West Red Line Avenue for Electrical Systems Storage. In accordance with the California Environmental Quality Act (CEQA), City of Alameda Page 10 Printed on 9/6/2023 City Council Meeting Agenda September 5, 2023 this action is categorically exempt from further environmental review pursuant to CEQA Guidelines Section 15301 (Existing Facilities). (Base Reuse and Economic Development 29061822) Attachments: Exhibit 1 - Premises Exhibit 2 - License Exhibit 3 - First Amendment Exhibit 4 - Second Amendment Exhibit 5 - Third Amendment Exhibit 6 - Fourth Amendment Exhibit 7 - Fifth Amendment Ordinance 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 12 Adjournment - City Council City of Alameda Page 11 Printed on 9/6/2023 City Council Meeting Agenda September 5, 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 12 Printed on 9/6/2023