City Council

City of Alameda Meeting Agenda City Council Tuesday, December 19, 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 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 - 5:00 P.M. 1 Roll Call - City Council 2 Public Comment on Closed Session Items Only 3 Adjournment to Closed Session to consider: 3-A 2023-3650 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code § 54956.9) City of Alameda Page 1 Printed on 12/20/2023 City Council Meeting Agenda December 19, 2023 CASE NAME: Larry Montgomery v. City of Alameda et. al. COURT: United States District Court, Northern District of California CASE NUMBER: 4:23-CV-03319-DMR 3-B 2023-3659 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 4 Announcement of Action Taken in Closed Session, if any 2023-3688 December 19, 2023 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. Pledge of Allegiance 1 Roll Call - City Council and SACIC 2 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 Agenda Items if any 2-A 2023-3666 Minutes of the Special Joint City Council and SACIC Meetings Held on September 5, 2023 and November 21, 2023. [City Council and SACIC] (City Clerk) 2-B 2023-3625 Public Hearing to Consider Adoption of a Joint City Council/SACIC Resolution Approving the Development List of Affordable Housing Projects and Related Funding Requests Consistent with the 1991 Pass-Through Agreement with the Alameda Unified School District; and Recommendation to Authorize the City Manager to Submit the Recognized Obligation Payment Schedule and Administrative Budget for the Period from July 1, 2024 to June 30, 2025 to the Countywide Oversight Board. [City Council and SACIC] (City Manager) City of Alameda Page 2 Printed on 12/20/2023 City Council Meeting Agenda December 19, 2023 Attachments: Exhibit 1: Schedule and Administrative Budget Exhibit 2: Alameda Unified School Disrict Letter Resolution 2-C 2023-3651 Recommendation to Accept the Unaudited Fourth Quarter Revenue and Expenditure Report for Fiscal Year 2022-23. [City Council and SACIC] (Finance 10024051) Attachments: Exhibit 1: Revenue and Expenditure 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 2023-3689 Proclamation Declaring December 19, 2023 as Andrew Thomas Day Attachments: Proclamation 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 2023-3690 December 19, 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 2023-3672 Minutes of the Special and Regular City Council Meetings Held on November 21, 2023. (City Clerk) 5-B 2023-3673 Bills for Ratification. (Finance) Attachments: Bills for Ratification 5-C 2023-3619 Public Hearing to Consider Approving the Housing and Community Development Needs Statement for the Community Development Block City of Alameda Page 3 Printed on 12/20/2023 City Council Meeting Agenda December 19, 2023 Grant Annual Plan for Fiscal Year 2024-25. The proposed action is statutorily exempt from the California Environmental Quality Act (CEQA) under section 15262 (feasibility and planning study) of the CEQA Guidelines. (City Manager 20361840) Attachments: Exhibit 1: Needs Statement Exhibit 2: Consolidated Plan Priorities and Goals Exhibit 3: Stakeholder Identified Needs Exhibit 4: Action Plan FY 2024-25 Schedule 5-D 2023-3617 Recommendation to Authorize the City Attorney to Execute a Five-Year Agreement with 3Di Inc. for Database Maintenance for the Alameda Rent Program’s Online Rent Registry in an Amount Not-to-Exceed $250,000. (City Attorney 20723849) Attachments: Exhibit 1: Agreement 5-E 2023-3606 Adoption of Resolution Setting the 2024 Regular City Council Meeting Dates. (City Clerk 10012010) Attachments: Resolution 5-F 2023-3585 Final Passage of Ordinance Authorizing (1) the Transfer of 0.65 Acres of City Property to the Alameda Unified School District (AUSD), (2) the Granting of a Reciprocal Easement on City Property from the City to AUSD for Public Access, Public Parking and Use Purposes on a 24/7 Basis, (3) Accepting a Reciprocal Easement from AUSD for Public Access, Public Parking and Use Purposes on a 24/7 Basis, and (4) the City Manager to Execute All Necessary Documents in Connection Therewith to Facilitate the Renovation and Rebuild of Wood Middle School. [Requires four affirmative votes] 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) 5-G 2023-3622 Final Passage 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. [Requires four affirmative votes] 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) 5-H 2023-3665 Final Passage of Ordinance Amending Article XV of the Alameda Municipal Code, Amending and Enhancing the Rent Control Program’s City of Alameda Page 4 Printed on 12/20/2023 City Council Meeting Agenda December 19, 2023 Capital Improvement Plan (CIP) Program and Terminating the Current Moratorium on CIP Applications for Properties that Have 25 or More Rental Units and Making Other Necessary Updates. 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: Correspondence - Updated 12/20 6 Continued Agenda Items 7 Regular Agenda Items 7-A 2023-3655 Presentation of Diversity, Equity, Inclusion, and Belonging Plan Recommendations from the City Staff Led Equity Working Group. (City Manager 10021030) Attachments: Presentation Presentation - REVISED Correspondence from City Manager - Updated 12/19 Correspondence from Councilmember Herrera Spencer - Updated 12/19 7-B 2023-3607 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. [Requires four affirmative votes] 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) [Not heard on December 5, 2023] City of Alameda Page 5 Printed on 12/20/2023 City Council Meeting Agenda December 19, 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 Presentation - Revised Alameda Point Occupancy Profile Graphic Alameda Point View Corridors Overview Correspondence - Updated 12/19 Photos Shown by Councilmember Herrera Spencer 7-C 2023-3630 Public Hearing to Consider Adoption of Resolution Amending Master Fee Resolution No. 12191 to Add and Revise Recreation and Park Fees for Calendar Year 2024. (Recreation and Parks 10051400) Attachments: Exhibit 1: Proposed Fees with 2023 Comparison Exhibit 2: Fee Comparison Study Resolution Correspondence from Councilmember Herrera Spencer Correspondence 7-D 2023-3567 Adoption of Resolution Adopting the Public Art Master Plan. (Base Reuse and Economic Development 10061810) [Not heard on December 5, 2023] Attachments: Exhibit 1: Public Art Master Plan Resolution Presentation 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 City of Alameda Page 6 Printed on 12/20/2023 City Council Meeting Agenda December 19, 2023 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, 21, or December 5, 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, 21, or December 5, 2023] Attachments: Correspondence from Councilmember Herrera Spencer Correspondence - Updated 12/18 10-C 2023-3645 Consider Providing Direction to Staff to Allow Remote Public Participation under Oral Communications, Non-Agenda (Public Comment) and Clarify who has Authority to Make Such Decisions in the Future. (Councilmember Herrera Spencer) Attachments: November 7, 2023 Agenda Page November 21, 2023 Agenda Page 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 City of Alameda Page 7 Printed on 12/20/2023 City Council Meeting Agenda December 19, 2023 • 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 8 Printed on 12/20/2023