City Council

City of Alameda Meeting Agenda City Council Tuesday, April 16, 2024 7:00 PM City Hall, 2263 Santa Clara Avenue, Council Chambers, 3rd Floor, Alameda CA 94501 The agenda was revised on April 9, 2024 at 11:30 a.m. to add Closed Session Item 4-C and on April 15, 2024 at 3:00 p.m. to indicate Joint Item 3-A and Consent Calendar Item 5-C have been withdrawn MEETING TIMES: Closed Session - 5:00 p.m. Joint Meeting - 6:59 p.m. Regular Meeting - 7:00 p.m. The City allows members of the public to participate in person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_JH8dVgJhRTKPFgmpoNJK5Q For Telephone Participants: Zoom Phone Number: 669-900-9128 Zoom Meeting ID: 845 8468 3055 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 REVISED SPECIAL CITY COUNCIL MEETING - 5:00 P.M. 1 Roll Call - City Council Note: Councilmember Vella will be present via teleconference from US Grant Hotel, 326 Broadway, San Diego, CA 92101 City of Alameda Page 1 Printed on 4/17/2024 City Council Meeting Agenda April 16, 2024 2 Consent Calendar - Items are routine and will be approved by one motion unless removed by Councilmembers 2-A 2024-3916 Recommendation to Approve Jennifer Ott, City Manager, Abigail Thorne-Lyman, Base Reuse and Economic Development Director, Alesia Strauch, Base Reuse Manager, Len Aslanian, Assistant City Attorney, and John McManus, Cushman & Wakefield as Real Property Negotiators for 650 West Tower Avenue, Building 41 at Alameda Point (DOER Marine Operations, a California Corporation). (Base Reuse and Economic Development 29061822) 3 Public Comment on Closed Session Items Only 4 Adjournment to Closed Session to consider: 4-A 2024-3917 CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) PROPERTY: 650 West Tower Avenue, Building 41 at Alameda Point CITY NEGOTIATORS: Jennifer Ott, City Manager, Abigail Thorne-Lyman, Base Reuse and Economic Development Director, Alesia Strauch, Base Reuse Manager, Len Aslanian, Assistant City Attorney, and John McManus, Cushman & Wakefield NEGOTIATING PARTIES: DOER Marine Operations, a California Corporation UNDER NEGOTIATION: Price and Terms of License Attachments: Correspondence - Updated 4/16 4-B 2024-3931 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6) CITY NEGOTIATORS: Jennifer Ott, City Manager, Jessica Romeo, Human Resources Director, and Doug McManaway, Deputy City Attorney EMPLOYEE ORGANIZATIONS: International Brotherhood of Electrical Workers (IBEW) and Management & Confidential Employee Association (MCEA) UNDER NEGOTIATION: Salaries, Employee Benefits and Terms of Employment 4-C 2024-3952 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code § 54956.9(a) CASE NAME: City of Alameda v. Garcia Sinclair COURT: Superior Court of the County of Alameda CASE NUMBERS: 23CV056248 & 23CV057593 COURT: In the Court of Appeal of the State of California, First Appellate District, Division Two City of Alameda Page 2 Printed on 4/17/2024 City Council Meeting Agenda April 16, 2024 CASE NUMBER: A168804 5 Announcement of Action Taken in Closed Session, if any 2024-3987 April 16, 2024 Closed Session Announcement Attachments: Announcement 6 Adjournment - City Council REVISED 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 Note: Councilmember/Commissioner Vella will be present via teleconference from US Grant Hotel, 326 Broadway, San Diego, CA 92101 2 Consent Calendar - Items are routine and will be approved by one motion unless removed by Councilmembers for a full discussion after Agenda Items if any 2-A 2024-3940 Minutes of the Special Joint City Council and Successor Agency to the Community Improvement Commission Meeting Held on February 20, 2024, and March 5, 2024. (City Clerk) [SACIC] 2-B 2024-3913 Recommendation to Accept the First and Second Quarter Revenue and Expenditure Report for Fiscal Year 2023-24. [City Council and SACIC] (Finance 10024051) Attachments: Exhibit 1: Revenue and Expenditure Report 3 Agenda Items 3-A 2024-3933 WITHDRAWN - Recommendation to Accept the Fiscal Year 2022-23 Audited Financial Statements and Compliance Reports. [City Council/SACIC] (Finance 10024051) [Will not be heard on April 16, 2024] City of Alameda Page 3 Printed on 4/17/2024 City Council Meeting Agenda April 16, 2024 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: Vehicle Registration Fee Report Exhibit 6: Memorandum on Internal Control Exhibit 7: Base Reuse Agreed Upon Procedures Exhibit 8: Investments Agreed Upon Procedures Exhibit 9: Required Communications Exhibit 10: Single Audit 4 Adjournment - City Council and SACIC REVISED REGULAR CITY COUNCIL MEETING - 7:00 P.M. 1 Roll Call - City Council Note: Councilmember Vella will be present via teleconference from US Grant Hotel, 326 Broadway, San Diego, CA 92101 2 Agenda Changes 3 Proclamations, Special Orders of the Day and Announcements - Limited to 15 minutes 3-A 2024-3718 Proclamation Declaring April 22, 2024 as Earth 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 5 Consent Calendar - Routine items are approved by one motion unless removed by Councilmembers for discussion after Regular Agenda Items are addressed; Councilmembers may speak for up to 3 minutes 5-A 2024-3936 Minutes of the Special City Council Meeting and the Regular City Council Meeting Held on March 19, 2024. (City Clerk) 5-B 2024-3937 Bills for Ratification. (Finance) City of Alameda Page 4 Printed on 4/17/2024 City Council Meeting Agenda April 16, 2024 Attachments: Bills for Ratification 5-C 2024-3847 WITHDRAWN - Recommendation to Accept the Annual Military Equipment Report for the Alameda Police Department and Continue to Allow the Department to Use and Maintain the Equipment Previously Adopted. (Police 10031100) [Will not be heard on April 16, 2024] Attachments: Exhibit 1: Policy and Policy Equipment List Exhibit 2: Deployment List Exhibit 3: Feedback Submissions Exhibit 4: Weapon Inventory Presentation Correspondence - Updated 4/15 5-D 2024-3887 Recommendation to Authorize the City Manager to Execute an Agreement with Columbia Electric, Inc. for Highway Safety Improvement Program Upgrades to Improve Pedestrian Safety Project, No. P.W. 01-24-04, in an Amount Not-to-Exceed $496,295, Including Contingency. 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 310) Attachments: Exhibit 1: Agreement 5-E 2024-3890 Recommendation to Authorize the City Manager to Accept the Work of Bjork Construction, Inc. for the Littlejohn Park Recreation Building Restoration Project, No. P.W. 11-21-39. In accordance with the California Environmental Quality Act (CEQA), is categorically exempt from further environmental review pursuant to CEQA Guidelines Sections 15301 (Existing Facilities), 15302 (Replacement or Reconstruction), and 15303 (New Construction or Conversion of Small Structures). (Public Works 31041520) 5-F 2024-3886 Recommendation to Authorize the City Manager to Execute an Agreement with Blue Flame Crew West, LLC in an Amount Not-to-Exceed $779,900 for the Doolittle Landfill Flare and Piping Replacement Project; and Adoption of Resolution Amending Fiscal Year 2021-23 Capital Budget to Appropriate an Additional $279,900 from the City Solid Waste Surcharge Fund (260). 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). The Doolittle Landfill Flare and Piping Replacement Project replaces City of Alameda Page 5 Printed on 4/17/2024 City Council Meeting Agenda April 16, 2024 infrastructure for the collection and destruction of methane gas. (Public Works 31041520) Attachments: Exhibit 1: Agreement Resolution 5-G 2024-3893 Recommendation to Approve the Park Street Business Improvement Area Annual Assessment Report; and Adoption of Resolution of Intention to Levy an Annual Assessment on the Park Street Business Improvement Area for Fiscal Year 2024-25, and Set a Public Hearing for May 7, 2024, to Levy an Annual Assessment on the Park Street Business Improvement Area. This action involves government fiscal activities which do not involve any commitment to any project which may result in a potentially significant physical impact on the environment and is therefore exempt from further environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378(b)(4). (Base Reuse and Economic Development 10061810) Attachments: Exhibit 1: Annual Assessment Report Exhibit 2: Assessment Fee Schedule Exhibit 3: Boundaries Map Exhibit 4: Address List Resolution 5-H 2024-3904 Recommendation to Approve the Webster Street Business Improvement Area Annual Assessment Report; and Adoption of Resolution of Intention to Levy an Annual Assessment on the Webster Street Business Improvement Area for Fiscal Year 2024-25; and Set a Public Hearing for May 7, 2024 to Levy an Annual Assessment on the Webster Street Business Improvement Area. This action involves government fiscal activities which do not involve any commitment to any project which may result in a potentially significant physical impact on the environment and is therefore exempt from further environmental review under the California Environmental Quality Act (CEQA). (Base Reuse and Economic Development 10061810) Attachments: Exhibit 1: Annual Assessment Report Exhibit 2: Assessment Fee Schedule Exhibit 3: Boundaries Map Exhibit 4: Address List Resolution 5-I 2024-3902 Adoption of Resolution Authorizing the Mayor to Sign a Memorandum of Agreement Regarding the Exchange and Cooperation Between City of Alameda Page 6 Printed on 4/17/2024 City Council Meeting Agenda April 16, 2024 Alameda, California, United States of America and Varazze, Italy. (Base Reuse and Economic Development 10061810) Attachments: Exhibit 1: Memorandum of Agreement Resolution 5-J 2024-3889 Adoption of Resolution Approving an Amendment to the Power Purchase Agreement with Ameresco Half Moon Bay, LLC and Alameda Municipal Power, for a 20-Year Extension and Expansion of the Renewable Landfill Generation Plant and Authorize the Alameda Municipal Power General Manager to Execute the Amendment with Minor Modifications. (Alameda Municipal Power 10491900) Attachments: Exhibit 1: Power Purchase Amendment Exhibit 2: Original Agreement Resolution 6 Continued Agenda Items 7 Regular Agenda Items 7-A 2024-3824 Public Hearing to Consider Introduction of Ordinance Amending Alameda Municipal Code Chapter XXX (Development Regulations) to Revise Section 30-73 et seq. (Real Estate Subdivision Regulations) to Implement the City of Alameda General Plan and Housing Element and Make Other Technical Amendments, as Recommended by the Planning Board. California Environmental Quality Act Review: This action is statutorily exempt from environmental review pursuant to CEQA Guidelines Section 15061(b)(3). (Planning Building and Transportation 20962710) [Not heard on March 19, 2024] Attachments: Exhibit 1: Existing and Proposed Subdivision Ordinance Exhibit 2: Subdivision Ordinance Amendments – Strikeout Exhibit 2: REVISED Subdivision Ordinance Amendments – Strikeout Exhibit 3: Decision-Making Table Exhibit 3: REVISED Decision-Making Table Ordinance Supplemental Memo 3/14 Presentation Supplemental Memo 4/9 7-B 2024-3896 Introduction of Ordinance Amending the Alameda Municipal Code by Adding Section 7-9.9 (Animal Testing Ban) to Article 7-9 (General Provisions) of Chapter VII (Animal Control) to Prohibit Animal Testing City of Alameda Page 7 Printed on 4/17/2024 City Council Meeting Agenda April 16, 2024 and Experimentation on Property Owned or Controlled by the City of Alameda in its Proprietary Capacity. (City Attorney’s Office 10023040) Attachments: Exhibit 1: Comments from Feb. 26, 2024 Meeting Exhibit 2: Comments from March 6, 2024 Workshop Exhibit 3: Redline Comparison of Ordinance Options Ordinance (Option A) Ordinance (Option B) Supplemental Memo Presentation Presentation - REVISED Correspondence from Councilmember Herrera Spencer Slide shared by Councilmember Jensen Correspondence - Updated 4/17 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 may speak for up to 3 minutes 10-A 2024-3935 Consider Providing Direction to Add a Charter Amendment Measure to the November 2024 Ballot to Amend Section 3-10 Pertaining to Leases. (Councilmember Jensen) 10-B 2024-3934 Consider Providing Direction to Review the Investment Policy, including Ensuring Socially Responsible Investments. (Councilmember Jensen) 11 Council Communications - Councilmembers may speak for up to 9 minutes to address any matter not on the agenda, including reporting on conferences or meetings 11-A 2024-3876 Mayor’s Nominations for the Mayor’s Economic Development Advisory Panel. 12 Adjournment - City Council City of Alameda Page 8 Printed on 4/17/2024 City Council Meeting Agenda April 16, 2024 • 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 9 Printed on 4/17/2024