City Council

City of Alameda Meeting Agenda City Council Tuesday, June 4, 2024 7:00 PM City Hall, 2263 Santa Clara Avenue, Council Chambers, 3rd Floor, Alameda CA 94501 The agenda was revised on June 3, 2024 at 12:00 p.m. to add a teleconference location 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_I9sN_W3nS8O7N2veRgXztw For Telephone Participants: Zoom Phone Number: 669-900-9128 Zoom Meeting ID: 896 1161 7627 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 - 5:30 P.M. 1 Roll Call - City Council Note: Councilmember Vella will be present via teleconference from Aloft Dulles Airport North, 22390 Flagstaff Plaza, Ashburn, VA 20148 2 Consent Calendar - Items are routine and will be approved by one motion unless removed by Councilmembers 2-A 2024-4064 Recommendation to Approve Jennifer Ott, City Manager, Abigail City of Alameda Page 1 Printed on 6/12/2024 City Council Meeting Agenda June 4, 2024 Thorne-Lyman, Base Reuse and Economic Development Director, Alesia Strauch, Base Reuse Manager, and Len Aslanian, Assistant City Attorney as Real Property Negotiators for 1399 Ferry Point, Pier 3 North, Alameda Point (Aircraft Carrier Hornet Foundation). (Base Reuse and Economic Development 29061822) 3 Public Comment on Closed Session Items Only 4 Adjournment to Closed Session to consider: 4-A 2024-4098 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 CASE NUMBER: A168804 4-B 2024-4065 CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) PROPERTY: 1399 Ferry Point, Pier 3 North, Alameda Point, Alameda, CA CITY NEGOTIATORS: City Manager Jennifer Ott, Base Reuse and Economic Development Director Abigail Thorne-Lyman, Base Reuse Manager Alesia Strauch, and Assistant City Attorney Len Aslanian NEGOTIATING PARTIES: City of Alameda and Aircraft Carrier Hornet Foundation UNDER NEGOTIATION: Price and Terms of Lease 5 Announcement of Action Taken in Closed Session, if any 2024-4144 June 4, 2024 Closed Session Announcement Attachments: Announcement 6 Adjournment - City Council REGULAR CITY COUNCIL MEETING - 7:00 P.M. Pledge of Allegiance 1 Roll Call - City Council Note: Councilmember Vella will be present via teleconference from Aloft Dulles Airport North, 22390 Flagstaff Plaza, Ashburn, VA 20148 City of Alameda Page 2 Printed on 6/12/2024 City Council Meeting Agenda June 4, 2024 2 Agenda Changes 3 Proclamations, Special Orders of the Day and Announcements - Limited to 15 minutes 3-A 2024-4093 Proclamation Declaring June 2024 as Lesbian, Gay, Bisexual, Transgender and Queer+ (LGBTQ+) Pride Month. Attachments: Proclamation 2024-4163 Proclamation Declaring June 7, 2024 as National Gun Violence Awareness Day in Alameda. Attachments: Proclamation - Gun Violence Awareness Month 4 Oral Communications, Non-Agenda (Public Comment) - Speakers may address the Council in regard to any matter not on the agenda over which the Council has jurisdiction; limited to 15 minutes and in-person comments only; remaining speakers may comment under Section 9 5 Consent Calendar - Routine items are approved by one motion unless Councilmembers remove items for discussion; removed items are called after Agenda Items; Councilmembers may speak for up to 3 minutes 5-A 2024-4109 Minutes of the Special and Regular City Council Meetings Held on May 7, 2024. (City Clerk) 5-B 2024-4110 Bills for Ratification. (Finance) Attachments: Bills for Ratification 5-C 2024-4043 Recommendation to Accept a City of Alameda Communications Report. (City Manager) Attachments: Exhibit 1: COVID-19 Communications 5-D 2024-4054 Recommendation to Authorize the City Manager to Execute a One-Year Agreement from October 1, 2024 to September 30, 2025 with The Village of Love Foundation to Provide Homeless Outreach Team Services for Individuals Experiencing Homelessness in Alameda in an Amount Not-to-Exceed $270,000. (City Manager 10021833) Attachments: Exhibit 1: Agreement Correspondence from Councilmember Herrera Spencer 5-E 2024-4056 Recommendation to Reject All Bids, Release All Bonds, and Authorize City Staff to Advertise for Rebidding the Mastick Senior Center Roof Replacement Project PW 02-24-07. In accordance with the California Environmental Quality Act (CEQA), this action is categorically exempt from further environmental review City of Alameda Page 3 Printed on 6/12/2024 City Council Meeting Agenda June 4, 2024 pursuant to CEQA Guidelines Section 15301 (Existing Facilities) and 15302 (Replacement or Reconstruction). (Public Works C41000) 5-F 2024-4090 Recommendation to Authorize the City Manager to Execute a Five-Year Agreement with PowerGen, Inc. for Generator Maintenance and Repair Services at Various City Facilities for a Total Amount Not-to-Exceed $148,069. 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 50141600, 26441610, and 60341590) Attachments: Exhibit 1: Agreement 5-G 2024-4076 Adoption of Resolution Amending the Executive Management Salary Schedule Effective June 5, 2024 to Reflect an Approximately 22% Increase to the General Manager - Alameda Municipal Power Classification. (Human Resources 10025060) Attachments: Exhibit 1: Executive Management Salary Schedule Exhibit 2: Total Compensation Survey Resolution 5-H 2024-4057 Public Hearing to Consider Collecting the Water Quality and Flood Protection Fees on the Property Tax Bills; and Adoption of Resolution Finding [No] Majority Protest and Approving the Continuation and Collection of the Existing 2019 Water Quality and Flood Protection Fee for Fiscal Year 2024-2025. (Public Works 26441610) Attachments: Exhibit 1: Fee Ordinance (Section 18-33) Exhibit 2: Public Hearing Notice Exhibit 3: Parcels Subject to Tax-Bill Collection Resolution 6 Continued Agenda Items 6-A 2024-4040 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; and Introduction of Ordinance Adopting a Military Equipment Use Policy for Uncrewed Aerial Systems (UAS) (Drones) for the Alameda Police Department; and Recommendation to Authorize the City Manager to Purchase Two Drones from Axon Enterprise, Inc. in an Amount Not-to-Exceed $143,804.02 over a Term of Five Years, once the Ordinance Authorizing a Policy Governing the Use of Drones Becomes Effective. City of Alameda Page 4 Printed on 6/12/2024 City Council Meeting Agenda June 4, 2024 In accordance with the California Environmental Quality Act (CEQA), this action is categorically exempt from further environmental review pursuant to CEQA Guidelines Sections 15321 (law enforcement activities by peace officers) and Section 15061(b)(3) (common sense exemption), since it can be seen with certainty that the proposed action has no potential to have a significant adverse effect on the environment. (Police 10031100) [Continued from May 21, 2024] Attachments: Exhibit 1: Policy and Policy Equipment List Exhibit 2: Deployment List Exhibit 3: Feedback Submissions Exhibit 4: Weapon Inventory Exhibit 5: Uncrewed Aerial System Policy Exhibit 5: REVISED Uncrewed Aerial System Policy Exhibit 6: Draft Inventory Updated Policy 709 Exhibit 7: Uncrewed Aerial System Cost Estimate Ordinance Presentation Correspondence from Councilmember Herrera Spencer Supplemental Memo Correspondence - Updated 6/5 6-B 2024-4012 Adoption of Resolution Reauthorizing Resolution No. 16104, which Amended the Rules of Order Governing City Council Meetings Concerning the Consent Calendar, Speaking Times for the Public and Reviewing, Changing or Rescinding Prior Council Actions. (City Clerk 10012010) [Continued from May 21 and June 4, 2024] Attachments: Exhibit 1: Rules of Order Exhibit 1: REVISED Rules or Order Resolution Resolution - REVISED Correspondence Supplemental Memo 7 Regular Agenda Items 7-A 2024-4095 Public Hearing to Consider a Call for Review of the Planning Board’s Approval of PLN24-0059 Use Permit to Allow Outdoor Research and Development, and Outdoor Storage, and Design Review for an Approximately Twenty-Five Foot Tall, 5,500 Square Foot Hydraulic Test Facility on the North Side of Building 23 at 2401 Monarch Street; and Adoption of Resolution Approving a Use Permit to Allow Outdoor Research and Development, and Outdoor Storage, and Design Review City of Alameda Page 5 Printed on 6/12/2024 City Council Meeting Agenda June 4, 2024 for an Approximately Twenty-Five Foot Tall, 5,500 Square Foot Hydraulic Test Facility on the North Side of Building 23 at 2401 Monarch Street. This project is categorically exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Sections 15301 - Existing Facilities, 15303 - New Construction or Replacement of Small Structures, and 15332 - Infill Development; none of the exceptions to the categorical exemptions apply. As a separate and independent basis, the project is also exempt from CEQA pursuant to the streamlining provision of Public Resources Code Section 21083.3 and Section 15183 of the CEQA Guidelines; no further environmental review is required because the project is consistent with the adopted zoning for the area, the impacts of which were considered in the Alameda Point Project Final Environmental Impact Report adopted by the City Council on February 4, 2014. (Planning, Building and Transportation 20962710) Attachments: Exhibit 1: Planning Board Resolution PB-24-07 Exhibit 2: Call for Review by Councilmember Herrera Spencer and Vice Mayor Daysog Exhibit 3: Biological Opinion Exhibit 4: Operations Plan Exhibit 5: Design Review Plans Resolution Presentation by Natel Presentation Presentation - REVISED Correspondence from Councilmember Herrera Spencer Resolution with Proposed Language Shared by Staff Correspondence - Updated 6/5 7-B 2024-4063 Recommendation to Consider Granting Landlord Consent for Small-Scale Atmospheric Sea Salt Process Studies on the U.S.S. Hornet. (Base Reuse and Economic Development 29061822) City of Alameda Page 6 Printed on 6/12/2024 City Council Meeting Agenda June 4, 2024 Attachments: Exhibit 1: Lease Agreement Exhibit 2: Administrative Use Permit Exhibit 3: Program Article Exhibit 4: Assessment for Proposed Process Exhibit 5: Signed Declaration Exhibit 6: Terraphase Engineering, Inc. Memorandum Exhibit 7: H.T. Harvey & Associates Memorandum Supplemental Memo 5/24 Supplemental Memo 6/3 Correspondence from Councilmember Jensen Presentation Correspondence - Updated 6/3 Presentation by University of Washington Correspondence - Updated 6/5 7-C 2024-4104 Recommendation to Receive an Informational Report on Other Post-Employment Benefits. (Finance 10024051) [Continued from June 4, 2024] Attachments: Presentation 7-D 2024-4069 Recommendation to Receive an Update and Provide Direction on a Branch Library at Alameda Point. (Library 21052300) [Continued from June 4, 2024] Attachments: Exhibit 1: Proposed Site Plan Exhibit 2: Preliminary Space Planning Correspondence - Updated 6/3 Presentation 7-E 2024-4050 Public Hearing to Consider Introduction of Ordinance Amending Alameda Municipal Code Chapter XXX (Development Regulations) to Reinstate and Update Subsection a. Exceptions for Nonconforming Lots of Section 30-5.6 Building Site, Areas and Easements, as Recommended by the Planning Board. Environmental Review: This action is statutorily exempt from environmental review pursuant to California Environmental Quality Act Guidelines Section 15061(b)(3). (Planning, Building and Transportation 20976710) Attachments: Exhibit 1: Clean Version Exhibit 2: Strikeout/Underline Version Ordinance Presentation City of Alameda Page 7 Printed on 6/12/2024 City Council Meeting Agenda June 4, 2024 7-F 2024-4046 Public Hearing to Consider Introduction of Ordinance Repealing Alameda Municipal Code Section 13-10.3, which Bans the Use of Natural Gas in New Construction and Major Remodels and Additions, In Order to Comply with California Restaurant Association v. City of Berkeley. Environmental Review: Adoption of an Ordinance Repealing a Ban on the Use of Natural Gas in Buildings Is Exempt from Environmental Review Under the California Environmental Quality Act Guidelines Section 15061(b)(3). No Further Environmental Review is Required. (Planning, Building and Transportation 20976710) [Continued from June 4, 2024] Attachments: Exhibit 1: Municipal Code Section 13-10.3 - Strikeout-Underline Exhibit 2: Municipal Code Section 13-10.3 - Clean Exhibit 3: Letter to Alameda Exhibit 4: California Restaurant Association v City of Berkeley Ordinance 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 not on the agenda over which the Council has jurisdiction; limited to 15 minutes and in-person comments only 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 2024-4099 Consider Directing Staff to Prepare a Charter Amendment Measure for the November 5, 2024 Ballot to Amend Section 3-10 Pertaining to Sale of Property and Leases. (Councilmember Jensen) [Not heard on June 4, 2024] 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 12 Adjournment - City Council City of Alameda Page 8 Printed on 6/12/2024 City Council Meeting Agenda June 4, 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 6/12/2024