City Council

City of Alameda Meeting Agenda City Council Tuesday, July 2, 2024 7:00 PM City Hall, 2263 Santa Clara Avenue, Council Chambers, 3rd Floor, Alameda CA 94501 The closed session agenda was revised on June 24, 2024 at 2:30 p.m. to revise the title for Item 4-C and at 3:30 p.m. on July 2, 2024 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_h7ACnLcfSmu07aAdQozpDA For Telephone Participants: Zoom Phone Number: 669-900-9128 Zoom Meeting ID: 860 9695 2230 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 5733 Noni Street, Kapaa, HI 96746 2 Consent Calendar - Items are routine and will be approved by one motion unless removed by Councilmembers 2-A 2024-4117 Recommendation to Approve Jennifer Ott, City Manager, Abigail City of Alameda Page 1 Printed on 7/3/2024 City Council Meeting Agenda July 2, 2024 Thorne-Lyman, Base Reuse and Economic Development Director, Alesia Strauch, Base Reuse Manager, John McManus, Managing Director, Cushman & Wakefield, and Len Aslanian, Assistant City Attorney, as Real Property Negotiators for 390 West Oriskany Avenue (srmErnst Development Partners). (Base Reuse and Economic Development 29061822) Attachments: Correspondence - Updated 7/2 2-B 2024-4185 Recommendation to Approve Jennifer Ott, City Manager, Abigail Thorne-Lyman, Base Reuse and Economic Development Director, Alesia Strauch, Base Reuse Manager, Andrew Schmeider, Cushman & Wakefield, and Len Aslanian, Assistant City Attorney, as Real Property Negotiators for 2440 Monarch Street (Steeltown Winery LLC). (Base Reuse and Economic Development 29061822) Attachments: Correspondence 3 Public Comment on Closed Session Items Only 4 Adjournment to Closed Session to consider: 4-A 2024-4183 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code § 54956.9) CASE NAME: In Re: National Prescription Opiate Litigation COURT: United States District Court Northern District of Ohio Eastern Division CASE NUMBER: MDL 2804 Case No. 1:17-md 2804 4-B 2024-4184 CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Initiation of Litigation Pursuant to Government Code Section 54956.9, Subsection (d)(4) Number of Cases: One (As Plaintiff - City Initiating Legal Action) Potential Defendant: Jonathan Lynch 4-C 2024-4118 CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) PROPERTY: 390 W. Oriskany Avenue CITY NEGOTIATORS: City Manager Jennifer Ott, Base Reuse and Economic Development Director Abigail Thorne-Lyman, Base Reuse Manager Alesia Strauch, Assistant City Attorney Len Aslanian, Cushman & Wakefield Managing Director, John McManus NEGOTIATING PARTIES: City of Alameda and srmErnst Development Partners UNDER NEGOTIATION: Price and terms of Sale Attachments: Correspondence - Updated 7/2 City of Alameda Page 2 Printed on 7/3/2024 City Council Meeting Agenda July 2, 2024 4-D 2024-4186 CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) PROPERTY: 2440 Monarch Street (Building 43) CITY NEGOTIATORS: City Manager Jennifer Ott, Base Reuse and Economic Development Director Abigail Thorne-Lyman, Base Reuse Manager Alesia Strauch, Assistant City Attorney Len Aslanian, Cushman & Wakefield Senior Director Andrew Schmeider NEGOTIATING PARTIES: City of Alameda, Steeltown Winery LLC UNDER NEGOTIATION: Price and terms of Lease Attachments: Correspondence 5 Announcement of Action Taken in Closed Session, if any 2024-4217 July 2, 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 5733 Noni Street, Kapaa, HI 96746 2 Agenda Changes 3 Proclamations, Special Orders of the Day and Announcements - Limited to 15 minutes 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 2024-4159 Minutes of the Special and Regular City Council Meetings Held on June 4. 2024. (City Clerk) 5-B 2024-4160 Bills for Ratification. (Finance) City of Alameda Page 3 Printed on 7/3/2024 City Council Meeting Agenda July 2, 2024 Attachments: Bills for Ratification 5-C 2024-4114 Recommendation to Authorize the City Manager to Execute a Service Provider Agreement with Envisionware, Inc. to Purchase and Install an Automated Materials Handler System for the Library for a Total Agreement Compensation Not-to-Exceed $320,724.42. (Library 21052300) Attachments: Exhibit 1: Agreement Exhibit 1: Agreement - REVISED Exhibit 2: Request For Qualifications Response 5-D 2024-4158 Recommendation to Authorize the City Manager to Execute an Agreement for Full Business License Tax Administration, Including Business Discovery, Collections, and Audit with Hinderliter De Llamas & Associates (HdL) for an Initial Three-Year Term with Two One-Year Extensions, for a Total Agreement Amount Not-to-Exceed $800,000. (Finance 10024056) Attachments: Exhibit 1: Scope of Services Exhibit 2: Agreement Correspondence 5-E 2024-4132 Adoption of Resolution Requesting and Authorizing the County of Alameda to Levy a Tax on All Real and Personal Property in the City of Alameda as a Voter Approved Levy for the General Obligation Bonds Issued Pursuant to a General Election Held November 7, 2000 for the Alameda Library. (Finance 10024051) Attachments: Resolution 5-F 2024-4066 Adoption of Resolution Calling for a General Municipal Election to be Consolidated with the Statewide General Election to Be Held in the City of Alameda on Tuesday, November 5, 2024 for the Election of Certain Officers, and Requesting the Alameda County Board of Supervisors to Permit the Registrar of Voters to Render Specified Services to the City Relating to the Conduct of Said Election Pursuant to Section 10403 of the California Elections Code. (City Clerk 10022022) Attachments: Resolution 5-G 2024-4182 Final Passage 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 City of Alameda Page 4 Printed on 7/3/2024 City Council Meeting Agenda July 2, 2024 Section 15061(b)(3). No Further Environmental Review is Required. (Planning, Building and Transportation 20976710) 6 Continued Agenda Items 7 Regular Agenda Items 7-A 2024-4193 Adoption of Resolutions Appointing Selia Warren to the Civil Service Board, Reappointing Allison Mullings to the Commission on Persons with Disabilities, Reappointing Clifford Tong to the Golf Commission, Reappointing Michaelea Joseph-Brown, Vadim Sidelnikov, and Kenji Tamaoki to the Housing Authority Board of Commissioners, and Reappointing Sunny Tsou to the Planning Board. Attachments: Correspondence 7-B 2024-4135 Recommendation to Approve the City of Alameda Investment Policy and Provide Direction to Staff on Future Potential Changes, including Restrictions on Investment in Certain Industries, such as Oil, Gas and Defense. (Finance 10024051) Attachments: Exhibit 1: Investment Policy Presentation Correspondence 7-C 2024-4191 Adoption of Resolution Determining that the Public Interest and Necessity Demand the Acquisition, Construction and Improvement of Municipal Improvement Projects Constituting Public Infrastructure of the City, and their Financing Through the Issuance of General Obligation Bonds; [Requires four affirmative votes] and Introduction of Uncodified Ordinance Ordering the Submission of a Proposition Incurring Bonded Indebtedness to the Qualified Voters of the City of Alameda at the General Municipal Election to Be Held on November 5, 2024, for the Purpose of Financing the Cost of the Acquisition, Construction and Improvement of Certain Municipal Improvement Projects Constituting Public Infrastructure of the City. [Requires four affirmative votes] This action is exempt from review under the California Environmental Quality Act (CEQA) because it is not a project as defined by the CEQA Guidelines, Section 15378 (b) (4). (City Manager 10021030) City of Alameda Page 5 Printed on 7/3/2024 City Council Meeting Agenda July 2, 2024 Attachments: Exhibit 1: Community Mailers Resolution Ordinance Presentation Supplemental Memo Correspondence - Updated 7/2 7-D 2024-4067 Recommendation to Consider Amending Charter Section 3-10 to Eliminate the Supermajority Vote Requirement for Leases Longer than One Year and Sales of City Real Property; and Adoption of Resolution Calling for the Holding of a Consolidated Municipal Election in the City of Alameda on Tuesday, November 5, 2024 Submitting a Proposed Charter Amendment Revising Section 3-10 Pertaining to Leases [and Sales] of City Real Property, Establishing the Policies and Procedures for Such an Election, Requesting that the County of Alameda Conduct Such an Election and Authorizing City Councilmembers to File Written Arguments For or Against the Measure. (City Clerk 10022022) Attachments: Exhibit 1: April 16, 2024 Referral Exhibit 2: June 4, 2024 Referral Exhibit 3: Resolution 2829 Exhibit 4: January 25, 1943 Minutes Exhibit 5: March 9, 1943 Sample Ballot Exhibit 6: March 4, 1943 Article Exhibit 7: November 2, 1982 Sample Ballot Exhibit 8: Procedures in Other Cities Resolution - Option 1 Resolution - Option 2 Resolution - Option 3 Resolution - Option 4 Presentation Correspondence - Updated 7/2 7-E 2024-4087 Introduction of Ordinance Authorizing the City Manager to Execute a Lease Amendment for a Portion of Building 25 with Alameda Point Beverage Group, a California Corporation Located at 1951 Monarch Street, Hangar 200, at Alameda Point, Alameda, California, for a Term of Twenty-Five Months. 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). [Requires 4 affirmative votes] (Base Reuse and Economic City of Alameda Page 6 Printed on 7/3/2024 City Council Meeting Agenda July 2, 2024 Development 29061822) Attachments: Exhibit 1: Fourth Amendment Exhibit 2: Lease and Amendments Ordinance Presentation 7-F 2024-4157 Introduction of Ordinance Declaring Six Submerged Parcels on the Alameda Side of the Oakland Inner Harbor Tidal Canal Surplus Property; and Authorizing the City Manager to Execute Purchase and Sale Agreements, Deeds and All Other Necessary Documents Between the City of Alameda and Various Purchasers to Sell the Submerged Parcels at Fair Market Value. [Requires four affirmative votes] The City previously adopted an Initial Study/Negative Declaration applicable to this project. Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15162, none of the circumstances necessitating further CEQA review are present. (City Attorney 31041520) Attachments: Exhibit 1: Final Map Tract 8570 Exhibit 2: Revised Appraisal Report Exhibit 3: Sample Purchase and Sale Agreement Exhibit 4: Sample Quitclaim Deed Ordinance Presentation 9-20-2016 6-D and Minutes attached at request of Councilmember Herrera Spencer Correspondence - Updated 7/2 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 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 City of Alameda Page 7 Printed on 7/3/2024 City Council Meeting Agenda July 2, 2024 11-A 2024-4181 Mayor's Nominations to Various Boards and Commissions. 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 8 Printed on 7/3/2024