City Council

City of Alameda Meeting Agenda City Council Tuesday, December 5, 2023 7:00 PM City Hall, 2263 Santa Clara Avenue, Council Chambers, 3rd Floor, Alameda CA 94501 The agenda was revised on November 27, 2023 at 5:00 p.m. to indicate 7-E was withdrawn and on December 5, 2023 at 9:30 a.m. to indicate Item #7-F was withdrawn MEETING TIMES: Closed Session - 5:30 p.m. Regular Meeting - 7:00 p.m. The City allows members of the public to participate in person or remotely Public Speaking Times: Up to 4 speakers: 3 minutes 5 or more speakers: 2 minutes Speakers cannot cede time For information to assist with remote 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 - CLOSED SESSION - 5:30 P.M. 1 Roll Call - City Council 2 Public Comment on Closed Session Items Only 3 Adjournment to Closed Session to consider: City of Alameda Page 1 Printed on 12/6/2023 City Council Meeting Agenda December 5, 2023 3-A 2023-3615 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 Local 689 (IAFF) UNDER NEGOTIATION: Salaries, Employee Benefits and Terms of Employment 3-B 2023-3616 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code § 54956.9(a) CASE NAME: City of Alameda v. Sheehan COURT: Superior Court of the County of Alameda CASE NUMBERS: 22CV009959, 23CV037442, 23CV038384 COURT: In the Court of Appeal of the State of California, First Appellate District, Division Two CASE NUMBER: A168300 4 Announcement of Action Taken in Closed Session, if any 2023-3667 December 5, 2023 Closed Session Announcement Attachments: Announcement December 5, 2023 Oral Communications 5 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 City of Alameda Page 2 Printed on 12/6/2023 City Council Meeting Agenda December 5, 2023 4 Oral Communications, Non-Agenda (Public Comment) - Speakers may address the Council in regard to any matter over which the Council has jurisdiction or of which it may take cognizance that is not on the agenda; limited to 15 minutes and in-person comments only, remote public comment is not available for this section; any remaining speakers may comment under Section 9 2023-3668 December 5, 2023 Oral Communications Attachments: Oral Communications 5 Consent Calendar - Items are routine and will be approved by one motion unless Councilmembers remove items for a full discussion; removed items are heard after Regular Agenda Items 5-A 2023-3608 Minutes of the Special City Council Meeting Held on October 25, 2023; and the Special and Regular City Council Meetings Held on November 7, 2023. (City Clerk) 5-B 2023-3610 Bills for Ratification. (Finance) Attachments: Bills for Ratification 5-C 2023-3569 Recommendation to Accept the Development Impact Fee and Fleet Industrial Supply Center/Catellus Traffic Fee Report. (Finance 10024051) Attachments: Exhibit 1: Annual Report - Development Impact Fee Exhibit 2: Annual Report - Traffic Fee 5-D 2023-3570 Recommendation to Accept the Annual Report for the 2013 Local Library Bond Measure. (Finance 10024051) Attachments: Exhibit 1: Annual Report 5-E 2023-3571 Recommendation to Accept the Police and Fire Construction Impact Fee Annual Report. (Finance 10024051) Attachments: Exhibit 1: Annual Report 5-F 2023-3572 Recommendation to Accept and File Various Community Facilities Districts (CFD) Reports for Fiscal Year Ending June 30, 2023, including: CFD No. 03-1 (Bayport Municipal Services District); CFD No. 13-1 (Alameda Landing Public Improvements); CFD No. 13-2 (Alameda Landing Municipal Services District); CFD District No. 14-1 (Marina Cove II); CFD No. 17-1 (Alameda Point Public Services District); and CFD No. 22-1 (Alameda Marina). (Finance 10024051) Attachments: Exhibit 1: Annual Reports 5-G 2023-3578 Recommendation to Accept the Biennial Report for the Public Art Fund City of Alameda Page 3 Printed on 12/6/2023 City Council Meeting Agenda December 5, 2023 as Required by the Public Art Ordinance. (Base Reuse and Economic Development 10061810) Attachments: Exhibit 1: Awarded Public Art Grants 5-H 2023-3558 Recommendation to Accept the Annual Review of the City of Alameda’s Affordable Housing Unit Fee Requirements Consistent with Section 27-1 of the Alameda Municipal Code; Accept the Annual Affordable Housing Unit Fee Fund Activity Report; and Find that: 1) Unit/Fee Requirements Set Forth in Local Law Remain Reasonably Related to the Impacts of Development, and 2) the Affordable Housing Units, Programs and Activities Required by Local Law Remains Needed to Support the Production of Affordable Housing in the City of Alameda. (City Manager 20821840) Attachments: Exhibit 1: Annual Report 5-I 2023-3554 Recommendation to Authorize the City Manager to Execute an Agreement with Alameda County to Accept $60,000 for Partial Funding of the Local Winter Warming Services Program to Provide Hotel Stays for the Most Vulnerable Homeless Individuals; and Authorize the City Manager to Execute an Agreement with Building Futures with Women and Children to Provide Winter Warming Services for $113,000. (City Manager 10021833) Attachments: Exhibit 1: Agreement - County Exhibit 2: Agreement - Building Futures with Women and Children Correspondence from Assistant City Manager 5-J 2023-3556 Recommendation to Authorize the City Manager to Execute an Agreement with Christ Episcopal Church to Provide Winter Warming Shelter and Related Services in an Amount Not-to-Exceed $123,385. (City Manager 10021833) Attachments: Exhibit 1: Agreement Correspondence from Assistant City Manager 5-K 2023-3555 Recommendation to Approve the Assignment of the Existing Power Purchase Agreement with Ameresco Half Moon Bay, LLC for the Ox Mountain Landfill Power Plant, to the Lender, HA RNG 1 LENDER LLC, and Delegate Authority to the General Manager of Alameda Municipal Power to Execute the Assignment Agreement. (Alameda Municipal Power 10491900) Attachments: Exhibit 1: Assignment Agreement Exhibit 2: Power Purchase Agreement Exhibit 3: AMP Report and Resolution City of Alameda Page 4 Printed on 12/6/2023 City Council Meeting Agenda December 5, 2023 5-L 2023-3582 Recommendation to Authorize the City Manager to Execute a Service Provider Agreement with CSG Consultants, for a Five-Year Term in an Amount Not-to-Exceed $2,000,000 for Third Party Plan Check Services. Environmental Determination: Not a Project. (Planning, Building and Transportation 20962720) Attachments: Exhibit 1: Agreement 5-M 2023-3601 Recommendation to Authorize the City Manager to Execute an Agreement with the Alameda Journal for the Publication of Legal Notices for the Remainder of Fiscal Year 2023-24. (City Clerk 10022020) Attachments: Exhibit 1: Notice Exhibit 2: Agreement 5-N 2023-3602 Recommendation to Authorize the City Attorney to 1) Execute an Intellectual Property Transfer Agreement with Seth Hamlin, Assigning Intellectual Property Rights in the City’s Anchor Logo and the Library Logo from Hamlin to the City in Exchange for the Payment of $100 to Hamlin, and 2) Seek Additional Intellectual Property Protections for Such Logos. (City Attorney 10023040) Attachments: Exhibit 1: Agreement 5-O 2023-3574 Recommendation to Authorize the City Manager to Execute a Five-Year Agreement with NBS Government Finance Group, Inc. for Administration Services of Alameda’s Non-Bonded Special Financing Districts for an Amount Not-to-Exceed $285,951. (Public Works 27641530) Attachments: Exhibit 1: Agreement Correspondence from City Manager 5-P 2023-3586 Recommendation to Accept the Work of McGuire & Hester, for the 2022-23 Pavement Management Project, Phase 41, No. P.W. 05-22-16. 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) 5-Q 2023-3576 Adoption of Resolution Authorizing the City Manager to Execute an Emergency Vehicle Access Easement to TH Grand Street, LLC, Across City-Owned Property and Any and All Ancillary Documents and Direct the Recording of the Grant of Easement for Construction of an Emergency Vehicle Access Connection at 2015 Grand Street (former Pennzoil Property). (Public Works) City of Alameda Page 5 Printed on 12/6/2023 City Council Meeting Agenda December 5, 2023 Attachments: Exhibit 1: Final Map Exhibit 2: Grant of Easement Resolution 5-R 2023-3581 Adoption of Resolution Approving a Final Map and Authorizing the City Manager, or Designee, to Execute Subdivision Improvement Agreement and Affordable Housing Agreement for Tract 8654, 2015 Grand Street (former Pennzoil Property). This action is exempt from the California Environmental Quality Act (CEQA) review pursuant to CEQA Guidelines sections 15268 (Ministerial Projects), 15183 (Projects Consistent with a General Plan), and 15332 (In-Fill Development). (Public Works 31041520) Attachments: Exhibit 1: Final Map Exhibit 2: Phasing Exhibit Exhibit 3: Affordable Housing Agreement Exhibit 4: Subdivision Improvement Agreement Resolution 5-S 2023-3580 Adoption of Resolution Amending the Fiscal Year 2023-24 General Fund Budget to Appropriate $72,500 from General Fund Residual Fund Balance to Conduct a Franchise Fee Cost Review for Collection, Transportation and Processing of Municipal Solid Waste, Recycling, and Organic Materials. (Public Works 26241500) Attachments: Resolution 5-T 2023-3565 Adoption of Resolution Authorizing the City Manager to Execute a Second Amendment to a Project Funding Agreement with the Alameda County Transportation Commission for an Amount Not-to-Exceed $6,376,000 to Complete the Construction Phase of the Clement Avenue/Tilden Way Project and to Extend the Expiration Date to December 31, 2026; and Authorizing Submittal of the Safe Routes to Bay Area Rapid Transit Grant Application to Fund the Full Build-Out of the Clement Avenue/Tilden Way Project, which Primarily Improves the Broadway/Tilden Way Intersection, for an Amount Not-to-Exceed $3,000,000. These actions are exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15061(b)(3) (common sense exemption), 15308 (actions by regulatory agencies for protection of the environment) and 15183 (projects consistent with a community plan, general plan or zoning). (Transportation 20962743) City of Alameda Page 6 Printed on 12/6/2023 City Council Meeting Agenda December 5, 2023 Attachments: Exhibit 1: Concept Exhibit 2: Second Amendment Exhibit 3: First Amendment Exhibit 4: Original Agreement Resolution 6 Continued Agenda Items 6-A 2023-3496 Introduction of Ordinance Authorizing (1) the Transfer of 0.65 Acres to the Alameda Unified School District (AUSD), (2) the Conveyance of an Easement to AUSD for Parking and Access Purposes, (3) the Acceptance of an Easement from AUSD for Parking and Access Purposes, and (4) the City Manager to Execute All Necessary Documents in Connection Therewith to Facilitate the Renovation and Rebuild of Wood Middle School. These actions are categorically exempt from further environmental review under the California Environmental Quality Act (CEQA). CEQA Guidelines, Section 15305 (Minor Alterations in Land Use Limitations). (City Manager and City Attorney 10023040) [Continued from November 21, 2023; public comment was called and is closed] Attachments: Exhibit 1: Area Map Ordinance Presentation Correspondence from City Manager 6-B 2023-3383 Introduction of Ordinance Authorizing the City Manager to Execute a Lease with the Alameda Transportation Management Association for a Single Office Space in City Hall West at Alameda Point for a Five-Year Lease Term with Base Rent of One Dollar Per Year. A Final Environmental Impact Report for the Alameda Point Project was certified on February 4, 2014 in compliance with the California Environmental Quality Act. (Base Reuse and Economic Development 29061822) [Continued from November 21, 2023] Attachments: Exhibit 1: Lease Ordinance 6-C 2023-3419 Recommendation to Authorize the City Manager to Execute a Two-Year Agreement with Raimi & Associates in an Amount Not-to-Exceed $225,000, Including Contingencies, to Update the Climate Action and Resiliency Plan. In accordance with the California Environmental Quality Act (CEQA), this action is statutorily exempt from further environmental review pursuant to CEQA Guidelines Section 15262 (Feasibility and Planning Studies). (Planning, Building and Transportation 10062032) [Continued City of Alameda Page 7 Printed on 12/6/2023 City Council Meeting Agenda December 5, 2023 from November 21, 2023] Attachments: Exhibit 1: Agreement Correspondence Correspondence from City Manager 7 Regular Agenda Items 7-A 2023-3621 Adoption of Resolutions Appointing Andy Wang and Sunny Tsou as Members of the Planning Board. 7-B 2023-3566 Workshop to Provide Input on the AC Transit Realign Draft Bus Service Plan Scenarios. (Planning, Building and Transportation 20962743) Attachments: Exhibit 1: AC Transit Realign Presentation Exhibit 2: Draft Response Letter Correspondence from City Manager Correspondence City Presentation 7-C 2023-3611 Recommendation to Review and Comment on the Port of Oakland’s Draft Environmental Impact Report for the Oakland Harbor Turning Basin Widening Project and on City Staff’s Draft Response Letter. (Planning, Building and Transportation 20962700) Attachments: Exhibit 1: Draft Comment Letter Correspondence from City Manager Presentation 7-D 2023-3557 Public Hearing Under the Federal Tax Equity and Fiscal Responsibility Act of 1982 to Consider Adoption of a Resolution Approving the Issuance of the California Municipal Finance Authority Multifamily Housing Revenue Bonds by an Outside Agency in an Aggregate Principal Amount Not-to-Exceed $35,000,000 for the Purpose of Financing or Refinancing the Acquisition, Construction, Improvement and Equipping of North Housing Senior Apartments and Certain Other Matters Relating Thereto. (City Manager 20821840) Attachments: Exhibit 1: Linnet Corner Funding Sources Resolution Presentation 7-E 2023-3567 WITHDRAWN - Adoption of Resolution Adopting the Public Art Master Plan. (Base Reuse and Economic Development 10061810) [Will not be heard on December 5, 2023] City of Alameda Page 8 Printed on 12/6/2023 City Council Meeting Agenda December 5, 2023 Attachments: Exhibit 1: Public Art Master Plan Resolution 7-F 2023-3607 WITHDRAWN - Public Hearing to Consider Adoption of Resolution Approving a 12-Month Exclusive Negotiating Agreement with Little Opera House Inc., dba Radium, for the Development of 2.13 Acres of Property on Pan Am Way at Alameda Point for a Performing Arts Center; and Introduction of Ordinance Authorizing the City Manager to Execute a 12-Month License for the Temporary Use of the Property for Performing Arts and Special Events. The streamlining provision of Public Resources Section 21083.3 and Section 15183 of the California Environmental Quality Act Guidelines apply and no further environmental review is required. (Base Reuse 29061810) [Will not be heard on December 5, 2023] Attachments: Exhibit 1: Exclusive Negotiating Agreement Exhibit 2: License Exhibit 3: RFP Submittal - Part 1 Exhibit 3: RFP Submittal - Part 2 Resolution Ordinance Presentation Correspondence - Updated 12/5 7-G 2023-3627 Introduction of Ordinance Amending Article XV of the Alameda Municipal Code, Amending and Enhancing the Rent Control Program’s Capital Improvement Plan (CIP) Program and Terminating the Current Moratorium on CIP Applications for Properties that Have 25 or More Rental Units (“Option A”) and Making Other Necessary Updates; or Introduction of an Alternative Ordinance Amending Article XV of the Alameda Municipal Code, Terminating the CIP Program and Terminating the Current Moratorium on CIP Applications for Properties that Have 25 or More Rental Units (“Option B”) and Making Other Necessary Updates; and Adoption of Resolution Repealing Resolution 15138 that Established the Existing Capital Improvement Plan Policy for Rental Units in the City of Alameda; and Authorize the Creation of a Temporary Relocation Tenant Assistance Program to Provide Emergency Temporary Assistance for Tenants Facing Displacement and Authorize the Program Administrator to Adopt Regulations to Implement the Program; and Adoption of Resolution Amending the Fiscal Year 2023-24 General Fund Budget to Appropriate $100,000 from General Fund Residual City of Alameda Page 9 Printed on 12/6/2023 City Council Meeting Agenda December 5, 2023 Fund Balance for the Temporary Relocation Tenant Assistance Program. These actions are exempt from environmental review because they are not projects as defined under the California Environmental Quality Act (CEQA) [CEQA Guidelines, Section 15378 (b)(2)] or because of no significant environmental impact [CEQA Guidelines, Section 15061]. (City Attorney) Attachments: Exhibit 1 - Current Policy vs. Proposed Policies Exhibit 2 - Jurisdictional CIP Policy Chart Ordinance - CIP Option A Ordinance - CIP Option B Resolution - Repealing CIP policy Resolution - TRP Program Budget Presentation Additional Slide Presentation - REVISED Correspondence - Updated 12/6 8 City Manager Communications - Communications from City Manager 9 Oral Communications, Non-Agenda (Public Comment) - Speakers may address the Council in regard to any matter over which the Council has jurisdiction or of which it may take cognizance that is not on the agenda; comments are limited to In-person only, remote public comment is not available for this section 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 10-A 2023-3452 Consider Directing Staff to Draft an Ordinance Amending the Sunshine Ordinance to Move to a Hearing Officer Model to Hear Sunshine Ordinance Complaints. (Mayor Ezzy Ashcraft and Councilmember Jensen) [Not heard on October 17, November 7 or 21, 2023] Attachments: Correspondence 10-B 2023-3516 Consider Directing Staff to Draft an Ordinance Prohibiting Animal Testing and Experimentation on Property Owned or Controlled by the City of Alameda. (Councilmembers Herrera Spencer and Vella) [Not heard on November 7 or 21, 2023] City of Alameda Page 10 Printed on 12/6/2023 City Council Meeting Agenda December 5, 2023 Attachments: Correspondence from Councilmember Herrera Spencer Correspondence - Updated 11/28 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 • Public speaking times: 3 minutes for up to four speakers and 2 minutes for five or more speakers; speakers cannot cede time • Meeting Rules of Order are available at: https://www.alamedaca.gov/Departments/City-Clerk/Key-Documents#section-4 • Public Comment and Council Meeting Guide available at: https://www.alamedaca.gov/GOVERNMENT/Public-Comment-and-City-Council-Meeting-Guide • 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 12/6/2023