City Council

City of Alameda Meeting Agenda City Council Tuesday, May 7, 2024 7:00 PM City Hall, 2263 Santa Clara Avenue, Council Chambers, 3rd Floor, Alameda CA 94501 The agenda was revised on May 6, 2024 at 2:00 p.m. to add a teleconference location 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 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_hmz_iT_FQ5KIv2_LdSfRmg For Telephone Participants: Zoom Phone Number: 669-900-9128 Zoom Meeting ID: 875 1459 8762 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 Note: Councilmember Vella will be present via teleconference from Renaissance Saint Louis Airport Hotel, 9801 Natural Bridge Road, Saint Louis, MO 63134 2 Consent Calendar - Items are routine and will be approved by one motion unless removed by Councilmembers City of Alameda Page 1 Printed on 5/9/2024 City Council Meeting Agenda May 7, 2024 2-A 2024-3911 Recommendation to Approve Jennifer Ott, City Manager, Abigail Thorne-Lyman, Base Reuse and Economic Development Director, Nicole Franklin, Base Reuse Manager, John McManus, Managing Director, Cushman & Wakefield, and Len Aslanian, Assistant City Attorney, as Real Property Negotiators for Building 11 at 1190 West Tower Avenue (Zenith Aerospace, Inc.). (Base Reuse and Economic Development 29061822) 3 Public Comment on Closed Session Items Only 4 Adjournment to Closed Session to consider: 4-A 2024-3983 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section 54956.9(a) Case Name: City of Alameda v. Greenway Golf Associates, Inc. Court: Alameda County Superior Court Case No: 22CV011964 4-B 2024-3994 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section 54956.9(a) Case Name: CP VI Admirals Cove LLC v City of Alameda, et al Court: Alameda County Superior Court Case No: 23CV044259 4-C 2024-3918 CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) PROPERTY: Building 11 (1190 West Tower Avenue) CITY NEGOTIATORS: City Manager Jennifer Ott, Base Reuse and Economic Development Director Abigail Thorne-Lyman, Base Reuse Manager Nicole Franklin, Cushman & Wakefield Managing Director John McManus, and Assistant City Attorney Len Aslanian NEGOTIATING PARTIES: City of Alameda and Zenith Aerospace, Inc. UNDER NEGOTIATION: Price and Terms of Lease 5 Announcement of Action Taken in Closed Session, if any 2024-4058 May 7, 2024 Closed Session Announcement Attachments: Announcement 6 Adjournment - City Council REGULAR CITY COUNCIL MEETING - 7:00 P.M. Pledge of Allegiance City of Alameda Page 2 Printed on 5/9/2024 City Council Meeting Agenda May 7, 2024 1 Roll Call - City Council Note: Councilmember Vella will be present via teleconference from Renaissance Saint Louis Airport Hotel, 9801 Natural Bridge Road, Saint Louis, MO 63134 2 Agenda Changes 3 Proclamations, Special Orders of the Day and Announcements - Limited to 15 minutes 3-A 2024-4018 Proclamation Declaring May 2024 as Asian American, Native Hawaiian, and Pacific Islander Heritage Month. Attachments: Proclamation 3-B 2024-4019 Proclamation Declaring May 2024 as Jewish American Heritage Month. 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 2024-4059 May 7, 2024 Oral Communication Attachments: Communication 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 2024-4017 Minutes of the Regular City Council Meeting Held on April 2, 2024. (City Clerk) 5-B 2024-4020 Bills for Ratification. (Finance) Attachments: Bills for Ratification 5-C 2024-3978 Recommendation to Authorize the City Manager to Execute an Agreement with GovInvest for Pension, Other Post-Employment Benefits (OPEB), and Labor Costing Software, and Governmental Accounting Standards Board Statement 73 and 75 OPEB Actuarial Valuation Reports for Three Years, Plus Two One-Year Renewal Options, at $75,819 Annually for a Total Amount Not-To-Exceed $379,095. (Finance) City of Alameda Page 3 Printed on 5/9/2024 City Council Meeting Agenda May 7, 2024 Attachments: Exhibit 1: Agreement 5-D 2024-3976 Recommendation to Authorize the City Manager to Execute an Agreement with Blach Construction, Inc. for Phase I Design/Build Services for up to Four Years, in an Amount Not-to-Exceed $3,427,840, Including a 3% Contingency, for the Design and Permitting of the City Aquatic Center. [Requires four affirmative votes] (Recreation 10051400) Attachments: Exhibit 1: Agreement Correspondence 5-E 2024-4007 Recommendation to Authorize the City Manager to Execute a Third Amendment to the Agreement with the Regents of the University of California, on Behalf of Its University of California San Francisco School of Medicine, Department of Emergency Medicine to Provide the Required Services of Medical Director for the Alameda Fire Department through February 28, 2026, in an Amount Not-to-Exceed $174,378, for a Total Compensation Not-to-Exceed $382,079. (Fire 10032200) Attachments: Exhibit 1: Agreement Exhibit 2: First Amendment Exhibit 3: Second Amendment Exhibit 4: Third Amedment 5-F 2024-3953 Recommendation to Accept the Work of BrightView Landscape Development Inc. for Alameda City Hall West Lawn Conversion, Project No. P.W.11-22-28. 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), 15302 (Replacement or Reconstruction), and 15303 (New Construction or Conversion of Small Structures), 15307 (Actions by Regulatory Agencies for Protection of Natural Resources). (Public Works 31041520) 5-G 2024-3954 Recommendation to Authorize the City Manager to Execute an Agreement with Chrisp Company for the Park Street Commercial Street Restriping Project, No. P.W. 01-24-02, in an Amount Not-to-Exceed $239,144, 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 31041520) Attachments: Exhibit 1: Agreement City of Alameda Page 4 Printed on 5/9/2024 City Council Meeting Agenda May 7, 2024 5-H 2024-3956 Recommendation to Authorize the City Manager to Execute an Agreement with Radius Earthwork Inc for Pavement Management Project, Phase 42, No. P.W. 11-23-30, in an Amount Not-to-Exceed $4,247,640, 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 31041520) Attachments: Exhibit 1: Agreement 5-I 2024-3955 Recommendation to Authorize the City Manager to Execute an Agreement with Gruendl Inc. dba Ray’s Electric, for the Lincoln Avenue/Walnut Street Safety Improvement Project, No. P.W. 01-24-05, in an Amount Not-to-Exceed $211,542.50, Including Contingency; and Adoption of Resolution Amending the Fiscal Year 2023-25 Capital Budget by Reducing Revenue and Expenditure Appropriations in Capital Improvement Project C12000 (Signs, Pavement Markings) by $175,000, and Increasing Revenue and Expenditure Appropriations for Capital Improvement Project C61000 (Street Safety) by $175,000. 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-J 2024-3957 Adoption of Resolution Approving the City of Alameda Pavement Management Project to be Funded through the State’s Road Maintenance and Rehabilitation Account for Fiscal Year 2024-25. 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: Resolution 5-K 2024-3960 Adoption of Resolution Approving the Engineer’s Report Declaring the City of Alameda's Intention to Order the Levy and Collection of Assessments and Providing for Notice of Public Hearing on June 18, 2024 - Maintenance Assessment District 01-01 (Marina Cove). (Public Works 27741530) Attachments: Exhibit 1: District Map Exhibit 2: Engineer's Report Resolution City of Alameda Page 5 Printed on 5/9/2024 City Council Meeting Agenda May 7, 2024 5-L 2024-3961 Adoption of Resolution Approving the Engineer’s Report Declaring the City of Alameda's Intention to Order the Levy and Collection of Assessments and Providing for Notice of Public Hearing on June 18, 2024 - Island City Landscaping and Lighting District 84-2, Zones 1, 4, 5, 6 and 8 (Public Works 27041530, 27141530, 27241530, 27341530 and 27541530) Attachments: Exhibit 1: Zones 1, 4, 5, 6, and 8 Maps Exhibit 2: Engineer's Report Resolution 5-M 2024-3962 Adoption of Resolution Approving the Engineer’s Report and Declaring the City of Alameda's Intention Not to Order the Levy and Collection of Assessments for Zone 7 of the Island City Landscape and Lighting District 84-2 and Providing for Notice of Public Hearing on June 18, 2024 - Island City Landscaping and Lighting District 84-2. (Public Works 27441530) Attachments: Exhibit 1: Zone 7 Map Exhibit 2: Engineer's Report Resolution 5-N 2024-3942 Recommendation to Accept $121,000 Grant # 2023-0042; Cal OES ID #001-00000 from the California’s Governor’s Office of Emergency Services (Cal OES) 2023 Homeland Security Grant Program; and Adoption of Resolution Authorizing the City Manager to Execute All Necessary Documents with Cal OES to Accept $121,000 in Grant Funds for a Floating Dock and Amending the Fiscal Year 2023-24 Fire Grants Fund (Fund 220) Operating Budget Increasing Both Revenues and Expenditures Appropriations by $121,000. In accordance with the California Environmental Quality Act (CEQA), this action is categorically exempt from further environmental review pursuant to CEQA Guidelines Sections 15301, 15302, 15303, and 15311. (Fire 22032200) Attachments: Exhibit 1: Notification of Award Exhibit 2: Standard-Assurances Resolution 5-O 2024-3943 Public Hearing to Consider Adoption of Resolution Confirming the Park Street Business Improvement Area Assessment Report for Fiscal Year 2024-25 and Levying an Assessment on the Park Street Business Improvement Area with a Consumer Price Index Adjustment of 2.6 Percent for Fiscal Year 2024-25. This action involves government fiscal activities which do not include a commitment to any project which may result in a potentially significant City of Alameda Page 6 Printed on 5/9/2024 City Council Meeting Agenda May 7, 2024 physical impact on the environment and is exempt from 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 Correspondence 5-P 2024-3948 Public Hearing to Consider Adoption of Resolution Confirming the Webster Street Business Improvement Area Assessment Report for Fiscal Year 2024-25 and Levying an Annual Assessment on the Webster Street Business Improvement Area with a Consumer Price Index Adjustment of 2.6 Percent for Fiscal Year 2024-25. This action involves government fiscal activities which do not involve commitment to any project which may result in a potentially significant physical impact on the environment and is exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines section 15378(b)(4). (Base Reuse and Economic Development 10061810) Attachments: Exhibit 1: Assessment Report Exhibit 2: Assessment Fee Schedule Exhibit 3: Boundaries Map Exhibit 4: Address List Resolution 5-Q 2024-3988 Final Passage 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) 5-R 2024-3989 Final Passage 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 and Experimentation on Property Owned or Controlled by the City of Alameda in its Proprietary Capacity. (City Attorney’s Office 10023040) [Continued from May, 7, 2024] City of Alameda Page 7 Printed on 5/9/2024 City Council Meeting Agenda May 7, 2024 Attachments: Correspondence 6 Continued Agenda Items 7 Regular Agenda Items 7-A 2024-3986 Adoption of Resolutions Appointing Mark Cuyler, Joe Ernst, Matt Kreutz, Becca Perata, and Sharine Thenard as Members of the Mayor’s Economic Development Advisory Panel. Attachments: Correspondence from Councilmember Herrera Spencer 7-B 2024-3951 Recommendation to Accept the Social Service Human Relations Board Work Plan for Fiscal Year 2024-25. (Housing and Human Services 10021830) Attachments: Exhibit 1: Work Plan Presentation 7-C 2024-3963 Introduction of Ordinance Amending the Alameda Municipal Code by Repealing Current Chapter XX (Floodplain Management) in Its Entirety and Adopting a New Chapter XX (Floodplain Management) to Implement the City of Alameda General Plan and the Climate Adaptation and Resiliency Plan and Make Other Technical Amendments. No further environmental review is required under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15162 and 15163. (Public Works 31041520) Attachments: Exhibit 1: Current Chapter XX Ordinance Presentation 7-D 2024-3984 Recommendation to Receive an Update on City of Alameda’s Approach to Preventing and Enforcing Unpermitted Sideshow and Car Show Events at Alameda Point and to Provide Direction to Return to City Council with a Public Hearing to Consider Authorizing Future Purchase and Use of Uncrewed Aerial Systems (Drones) for Sideshow and Other Critical Incident Response and Enforcement. In accordance with the California Environmental Quality Act (CEQA), this action is categorically exempt from further environmental review pursuant to CEQA Guidelines Sections 15301 and 15321. City of Alameda Page 8 Printed on 5/9/2024 City Council Meeting Agenda May 7, 2024 Attachments: Exhibit 1: Fencing and Gates Exhibit 2: Temporary Asphalt Curbs Exhibit 3: Drone Specification Exhibit 4: Draft Policy Supplemental Memo Correspondence from Councilmember Herrera Spencer - Updated 5/6 Supplemental Memo Presentation Correspondence - Updated 5/8 7-E 2024-3977 Recommendation to Receive the Final Report and Recommendations from the Community Risk Assessment and Standards of Cover Study for the Alameda Fire Department. (Fire) Attachments: Exhibit 1: Executive Summary Exhibit 2: Final Study 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 may speak for up to 3 minutes 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 2024-4009 Mayor's Transportation Commission Nomination. 12 Adjournment - City Council City of Alameda Page 9 Printed on 5/9/2024 City Council Meeting Agenda May 7, 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 10 Printed on 5/9/2024