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2007-09-18 PacketTime: CITY OF ALAMEDA •CALIFORNIA SPECIAL MEETING OF THE CITY COUNCIL TUESDAY - - - SEPTEMBER 18, 2007 - - -- 6 :30 p.m. Tuesday, September 18, 2007, 6 :30 p.m. Place: £L23:; Chambers Conference Room, City Hall, corner of Santa Clara Avenue and Oak Street. Agenda: 1. Roll Call - City Council 2. Public Comment on Agenda Items Only Anyone wishing to address the Council on agenda items only, may speak for a maximum of 3 minutes per item 3. Adjournment to Closed Session to consider: 3 -A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (54953.9) Name of Case: Harbor Bay Isle Associates v. City of Alameda 3 -B. CONFERENCE WITH LABOR NEGOTIATORS Agency Negotiators: Craig Jory and Human Resources Director Employee Organizations: All City Bargaining Units 4. Announcement of Action Taken in Closed Session, if any 5. Adjournment - City Council Beverly �ohr��, ayor CITY OF ALAMEDA • CALIFORNIA SPECIAL JOINT MEETING OF THE CITY COUNCIL AND COMMUNITY IMPROVEMENT COMMISSION (CIC) TUESDAY - -- - SEPTEMBER 18, 2007 - - - 7 :25 P.M. Location: Cit CQUncxl Chambers, City Hall, corner of Santa Clara Avenue and Oak Street. Public Participation Anyone wishing to address the Council /Commission on agenda items or business introduced by the Council /Commission may speak for a maximum of 3 minutes per agenda item when the subject is before the Council /Commission. Please file a speaker's slip with the Deputy City Clerk if you wish to speak. PLEDGE OF ALLEGIANCE 1. ROLL CALL - City Council, CIC 2. SPECIAL ORDERS OF THE DAY 2 -A. Update on the Alameda Theater, Cineplex, and Parking Structure Project. (Development Services) [CIC] 3. CONSENT CALENDAR Consent Calendar items are considered routine and will be enacted, approved or adopted by one motion unless a request for removal for discussion or explanation is received from the Council /Commission or a member of the public 3 -A. Minutes of the Special Joint City Council and Community Improvement Commission meeting held on August 7, 2007. (City Clerk) [City Council /CIC] 3 -B. Recommendation to approve the amended Contract with Komorous- Towey Architects, Inc. by increasing the Contract amount by $15,000 to provide additional Construction Administration Services for the Civic Center Parking Garage. (Development Services) [CIC] 3-C. Recommendation to increase maximum loan amounts for City of Alameda Down Payment Program. (Development Services) [City Council /CIC] 4. AGENDA ITEMS None. 5. ADJOURNMENT - City Council, CIC Beverly J Chair, Commission yor ni!y Improvement AGENDA CITY OF ALAMEDA • CALIFORNIA IF YOU WISH TO ADDRESS THE COUNCIL: 1. Please file a speaker's slip with the Deputy City Clerk and upon recognition by the Mayor, approach the podium and state your name; speakers are limited to three (3) minutes per item. 2. Lengthy testimony should be submitted in writing and only a summary of pertinent points presented verbally. 3. Applause and demonstration are prohibited during Council meetings. TUESDAY REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 18, 2007 - - - - 7 :30 P.M. [Note: Regular Council Meeting convenes at 7 :30 pm, City Hall, Council Chambers, corner of Santa Clara Ave and Oak St] The Order of Business for City Council Meeting is as follows: 1. Roll Call 2. Agenda Changes 3. Proclamations, Special Orders of the Day and Announcements 4. Consent Calendar 5. Agenda Items 6. Oral Communications, Non- Agenda (Public Comment) 7. Council Communications (Communications from Council) 8. Adjournment Public Participation Anyone wishing to address the Council on agenda items or business introduced by Councilmembers may speak for a maximum of 3 minutes per agenda item when the subject is before Council. Please file a speaker's slip with the Deputy City Clerk if you wish to address the City Council SPECIAL MEETING OF THE CITY COUNCIL 6:30 P.M. CITY COUNCIL CHAMBERS CONFERENCE ROOM Separate Agenda (Closed Session) SPECIAL JOINT MEETING OF THE CITY COUNCIL AND 7 :25 P.M. COMMUNITY IMPROVEMENT COMMISSION CITY COUNCIL CHAMBERS, Separate Agenda 1. ROLL CALL - City Council 2. AGENDA CHANGES 3. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS 3-A. Proclamation encouraging participation in Peoples Republic of China Flag raising ceremony in support of Wuxi, China Sister City activities. (Development Services) 3 -B. Proclamation declaring the week of October 7 through 13, 2007 as Public Power Week. (Alameda Power & Telecom) 4. CONSENT CALENDAR Consent Calendar items are considered routine and will be enacted, approved or adopted by one motion unless a request for removal for discussion or explanation is received from the Council or a member of the public 4 -A. Minutes of the Special and Regular City Council Meetings held on September 4, 2007. (City Clerk) 4-B. Bills for ratification. (Finance) 4 -C. Recommendation to approve Annual Report on the Managed Investment Portfolio. (Finance) 4 -D. Recommendation to approve the agreement relating to Combustion Turbine Project Number One. (AP&T) 4 -E. Recommendation to approve amendment to Consultant Agreement with EIP Associates, Inc. to increase the Contract amount by $57,925 for the completion of an Environmental Impact Report for Harbor Bay Village 6. (Planning and Building) 4 -F. Recommendation to appropriate $253,539 in Measure B Paratransit Funds for Non - Mandated Paratransit Program. (Public Works) 4 -G. Adoption of Resolution Authorizing the City Manager to: 1) Enter into an Agreement with the Bay Area Air Quality Management District for Carl Moyer Program Grants to Replace Two Ferry Vessel Diesel Engines and One Diesel Generator, and 2) Conduct an Open Market Purchase of Two Ferry Vessel Diesel Engines and One Diesel Generator Pursuant to Section 3 -15 of the Alameda City Charter, and Execute the Purchase Agreements. [Requires four affirmative votes] (Public Works) 5. REGULAR AGENDA ITEMS 5 -A. Adoption of Resolution Appointing Reginald James to the Social Service Human Relations Board. 5 -B. Recommendation to accept a Grant from the Assistance to the Firefighters Grant Program for $275,391 to develop and administer a Technical Rescue Program and appropriate $68,848 to meet the Grant applicant 20% share requirement. (Fire) 5 -C. Public Hearing to consider a General Plan Amendment and Rezoning of an existing park/open space area of approximately 10.77 acres. The site is located north of Singleton and Mosley Avenues at 201 Mosley Avenue within the R-4-G, Neighborhood Residential (Special Government) Zoning District; • Adoption of Resolution Approving General Plan Amendment (GPA07 -0003) to Amend the General Plan Land Use Diagram to Change the Designation of Approximately 10.77 Acres Located North of Singleton and Mosley Avenues at 201 Mosley Avenue, from Medium Density Residential to Parks and Public Open Space; and • Introduction of Ordinance Reclassifying and Rezoning Approximately 10.77 Acres Located North of Singleton and Mosley Avenues at 201 Mosley Avenue, from R -4 -G, Neighborhood Residential (Special Government) to Open Space Zoning Designation. (Planning and Building) 6. ORAL COMMUNICATIONS, NON- AGENDA (Public Comment) Any person 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 7. COUNCIL COMMUNICATIONS (Communications from Council) Councilmembers can address any matter, including reporting on any Conferences or meetings attended 8. ADJOURNMENT - City Council * ** • For use in preparing the Official Record, speakers reading a written statement are invited to submit a copy to the City Clerk at the meeting or e -mail to: lweisige @ci.alameda.ca.us • Sign language interpreters will be available on request. Please contact the City Clerk at 747 -4800 or TDD number 522-7538 at least 72 hours prior to the Meeting to request an interpreter. • Equipment for the hearing impaired is available for public use. For assistance, please contact the City Clerk at 747 -4800 or TDD number 522 -7538 either prior to, or at, the Council Meeting. • Accessible seating for persons with disabilities, including those using wheelchairs, is available. • Minutes of the meeting available in enlarged print. • Audio Tapes of the meeting are available upon request. • Please contact the City Clerk at 747 -4800 or TDD number 522 -7538 at least 48 hours prior to the meeting to request agenda materials in an alternative format, or any other reasonable accommodation that may be necessary to participate in and enjoy the benefits of the meeting. CITY OF ALAM E DA Memorandum To: Honorable Chair and Members of the Community Improvement Commission From: Debra Kurita Executive Director Date: September 18, 2007 Re: Report on Alameda Theater, Cineplex, and Parking Structure Project Construction Update BACKGROUND The City of Alameda Community Improvement Commission (CIC) approved construction contracts with C. Overaa & Co. (Overaa) on July 26, 2006, for the rehabilitation and restoration of the historic Alameda Theater and the design -build new construction of the Civic Center Parking Garage. The CIC approved the Theater construction contract for $8,800,000 and approved the parking garage design-build contract for $9,104,000 with the condition that the garage project be value - engineered within the CIC's budget before the construction phase commenced. Since contract approval in July, CIC staff and Overaa finalized the value - engineering for the garage design, reducing the contract price to within the CIC's budget. The original contract price of $9,1 04,000 was reduced by $604,000, resulting in a final contract price of $8,500,000. The Theater construction contract commenced in October 2006; the design phase of the parking garage project started in August 2006; and the construction phase of the parking garage began in October 2006. The overall project consists of an eight - screen movie theater, including a 484 -seat, single - screen theater in the historic Alameda theater and seven screens in the new cineplex, 6,100 square feet of retail, and a 341 - space parking garage. DISCUSSION The status of both the Theater and parking garage projects, including the budget, payments, and schedule, are provided in Attachments 1 and 2, respectively. Both projects are expected to be substantially complete by the end of 2007 and are currently approximately 70 percent complete. Subsequently, Alameda Entertainment Associates (AEA), the movie operator, will install tenant improvements in the historic Theater. The grand opening for the parking structure is currently anticipated for early 2008; the Alameda Theater is scheduled to open in March 2008 (Attachment 3). A summary of the status of each project is provided below. cc/dc Agenda Item #2 -A 09 -18 -07 Honorable Chair and September 18, 2007 Members of the Community Improvement Commission Page 2 of 4 Alameda Theater Overaa finalized the auditorium ceiling plaster repair and painting work and removed the auditorium scaffolding. The painted surfaces in the auditorium were all re- painted to match the original colors. The holes and deteriorated areas of the originally leafed portions of the ceiling were plaster repaired and touched up with metallic paint. These leafed areas were not painted over at the recommendation of the CIC's preservation architect, Architectural Resources Group (ARG), in order to preserve the original look and feel of the auditorium and because these surfaces are generally in good condition. Due to the additional scope authorized by the CIC in the auditorium area, CIC staff negotiated a three -week extension with Overaa Construction for its final completion date from December 24 to January 14, as long as all of the time - sensitive areas required for installation of tenant improvements, such as stage, concession area, projection room, and retail spaces, are completed by November 10, the original substantial completion date. The extension of the final completion date will not delay the grand opening of the movie theater anticipated for March 2008. The following outlines additional tasks completed by Overaa over the last two months: • Adhered all of the leafed canvases to the coffers in the mezzanine lobby area to match the locations and designs of all of the original coffers. • Finalized the decorative leaf and painting work in the lobby mezzanine area and removed the lobby scaffolding. • Completed installation of the repaired, cleaned, re- painted and, in some instances, replicated glass panels of the lobby chandelier. • Installed acoustical panels in the auditorium wrapped in fabric to match the colors of the original painted concrete surfaces. • Completed construction of the metal stud framing of the stadium seating tiers in the auditorium. • Completed drop acoustical ceiling in the stage area and removed stage scaffolding. • Continued with sheet metal rehabilitation of the marquee and blade sign and commenced painting work. • Continued with mechanical, electrical, and plumbing work. CIC staff is also finalizing lease negotiations with a wine bar tenant for the smaller retail space and continued pursuit of a family restaurant for the larger space. Staff has identified several full service, high quality, family restaurants and is visiting those Honorable Chair and September 18, 2007 Members of the Community Improvement Commission Page 3 of 4 businesses and making presentations about the larger retail space. These visits have been well received and are quickly yielding positive interest. Staff expects to need to reserve approximately $1 30,000 of its contingency for negotiated retail tenant finishes. This allocation is within the current contingency budget for the project. Additionally, staff commenced planning efforts for the grand opening of the theater, coordinating closely with AEA, Park Street Business Association, the Chamber of Commerce, and other local stakeholders. Cumulative current and pending contract changes are estimated to require the use of approximately $810,000 in contingency funds, or approximately 73 percent of the CIO's contingency budget, including the budget for retail tenant improvement allowances. The total contingency budget for the Theater is $1.1 million (Attachment 1). Parking Garage Overaa completed construction of the fourth, fifth, and sixth -floor decks and columns of the parking structure and is currently working on forming and pouring the crash walls. The "deck cycle" for all levels of the garage is complete. The Oak Street improvements, including installation of underground utilities and a drainage culvert, are also close to completion. Additionally, the erection of scaffolding for the western elevation of the parking garage will commence within the next several weeks. All current and potential contract changes are estimated to require the use of approximately $313,000 in contingency funds, or approximately 75 percent of the CIC's contingency budget, including the current budget for security cameras. The total contingency budget for the garage is $4'15,000 (Attachment 2). Cineplex Theater Equipment, Construction and Service, Inc. (TECS), the contractor for the cineplex, is currently working on erecting structural steel framing for the exterior walls and interior floors, as well as constructing mezzanine and second level floors. BUDGET CONSIDERATION /FINANCIAL IMPACT There are no proposed changes to the CIC's total budget for the Alameda Theater, Cineplex, and Parking Garage project. MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE Alameda Downtown Vision Plan 2000 -- Action B1.0 — Renovate /restore Alameda Theater. Alameda Downtown Vision Plan 2000 — Action F4 - Consider building a parking structure as part of a Downtown parking management program. Honorable Chair and September 18, 2007 Members of the Community Improvement Commission Page 4 of 4 RECOMMENDATION This report is for information only. No action is required. Resp A ctf g submitted, Leslie A. Little Development Services Director By: Dorene E. Soto Manager, Business Development Division By: Jennifer Ott Redevelopment Manager DK /LALIDES /JO: ry Attachments: 1. Monthly Progress Status Report for the Alameda Theater Rehabilitation and Restoration 2. Monthly Progress Status Report for Civic Center Parking Garage 3. Alameda Theater Project Schedule Update Monthly Progress Status Report Alameda Theater Rehabilitation and Restoration City of Alameda September 18, 2007 CIC Meeting Construction Contingency Total Contract Budget $8,800,000 $1,106,040 $9,906,040 ,FSAVM '14 Previously Paid Payment this Period Total Payment To Date $5,302,865 $939,303 $6,242,168 Original Contract Amount Previous Changes Executed Change Orders Uncover Additional Coffer Patterns $6,191 Add'1 Painting Work in Auditorium $13,733 Add'! Paint and Plaster Work in Niches $8,283 Paint Auditorium Ceiling Flat Areas $13,599 Add'I Painting Changes in Mezzanine $15,493 Reinforcing Revisions $71,492 Marquee Pigeon Guano /Other Haz Mat Removal $11,000 Replace T1 Fixtures $6,142 Subtotal Executed Changes $145,933 Pending Change Orders (Cost Estimates) Budget for Retail Tenant Improvement Allowances $130,000 Alleyway Cleanouts and Power Wash $10,000 Add'i Unforeseen Asbestos Wrapped Pipe $10,000 Add'I Plumbing Revisions $26,417 Fire Alarm Voice Annunciator $12,000 Changes for Tenant $14,000 Seismic Issues for Non- Structural Walls $47,000 Water Fountain $15,000 Acoustical Panel Removal $15,000 Plaster Repair Scope Changes $35,000 Revise Paint Color for Middle Niche Surround $3,000 Uncover and Protect Existing Gas Line $7,500 Demo Inside of Auditorium Chandelier $10,000 AP &T Changes $35,000 Additional Marquee Support $8,000 Plaster Wall Support $10,000 Remove Unforeseen Existing Equipment $9,570 Subtotal Pending Change Orders $397,487 Total Changes $809,566 Estimated Revised Contract Amount $9,609,566 Remaining Contingency $296,474 $8,800,000 $266,146 PTV ase id:Amoun Amoun t_ P.aid:to. Date: Percent Cos ende+ Executed/Pending Change Order Project Cost: Percent Contingency Expended: mom Milestone Notice to Proceed 8,800,( $6;242,168 71% $809,566 $9,609,566 73% MEMENWORMINNIMERIMIDONIMEROSINMENhaik- Final Completion for Tenant Improvement Areas Substantial Completion Final Corn letion Baseline 11/1012006 11/10/2006 12/1/2007 1/14/2008 Forecast Approved 11/1012006 11/10/2006 11/10/2006 12/1/2007 1/14/2008 eihA Work Completed This Period: Work Projects Next Period: Status: • Installed Lobby Chandelier and Removed Lobby Scaffolding • Completed Auditorium Ceiling Work and Stud Framing for Stadium Seating • Commenced Marquee and Blade Sign Painting • Install Glazing • Commence Interior Flat Painting and Door Repair • Project is on Schedule CC /CIO Attachment 'I to Agenda Item #2-A 09-18-07 Monthly Progress Status Report Civic Center Parking Garage City of Alameda September 18, 2007 CIC Meeting aiggp Construction Contingency Total Contract Budget Previously Paid Payment this Period Total Payment To Date Original Contract Amount $9,104,000 Value Engineering (Credit) ($604,111) Revised Contract Amount $8,499,889 Previous Changes $75,856 Executed Change Orders Subtotal Executed Changes $42,917 Pending Change Orders (Cost Estimates) Blade Sign and Marquee Canopy $128,000 Security Cameras $62,000 Northern Elevation Banner Design Budget $5,000 Conduit for eLockers (Bike Lockers) $3,000 Potential Site Work Budget $17,000 Deletion of Handheld Device (Credit) 21 000 Subtotal Pending Change Orders $194,000 Total Changes $312,773 Estimated Revised Contact Amount $8,812,662 Remaining Contingency $102,227 Amount Paid to Date: Percent "Cost : = Ex ens Percent Contingency Expended: • b �i {iy� 5, E, 17.724117r---7 '9EL1 Formed and Poured Sixth Floor Deck Formed and Poured Fifth and Sixth Floor Columns Completed Demolition and Grading Work for Oak Street Improvements Completed Installation of Underground Utilities for Oak Street Sidewalk Poured New Oak Street Sidewalk Commence Architectural Facade Work on Western Elevation Commence Fire Sprinkler Electrical and Plumbing Work cc/dc Attachment 2 to Agenda Item #2 -A 09-18-07 Q d co v v as 'o co ci) co L X w J a w z cc/cIc Attachment 3 to Agenda Item #2 -A 09-18-07 UNAPPROVED MINUTES OF THE SPECIAL JOINT CITY COUNCIL AND COMMUNITY IMPROVEMENT COMMISSION MEETING TUESDAY- -AUGUST 7, 2007- -7:32 P.M. Mayor/Chair Johnson convened the Special Joint Meeting at 10:34 p.m. ROLL CALL - MINUTES Present: Councilmembers /Commissioners deHaan, Matarrese, Tam, and Mayor /Chair Johnson - 4. Absent: Councilmember /Commissioner Gilmore --- 1. (07- 39100/07- 031CIC) Minutes of the Special Community Improvement Commission (CIC) Meeting held on July 17, 2007 and the Special Joint City Council, Alameda Reuse and Redevelopment Authority and CIC Meeting held on July 18, 2007. Approved. Councilmember /Commissioner deHaan moved approval of the minutes. Councilmember /Commissioner Matarrese seconded the motion, which carried by unanimous voice vote -- 4. [Absent: Councilmember /Commissioner Gilmore -- 1.] AGENDA ITEM (07-- 032CIC) Recommendation to review and approve the Civic Center Parking Garage Management and Operations Plan and Operating Budget. The Development Services Director gave a brief Power Point presentation. Commissioner Matarrese inquired what is the rationale for having free metered street parking and charging for garage parking during the holiday season. The Development Services Director responded having a free day in the parking structure is different than bagging the meters; stated free garage parking would be provided for the first few weeks; the goal is to have a consistent policy. Commissioner Matarrese stated that bagging the garage meters would be easy; he is glad that there will be an aggressive community Special Joint Meeting Alameda City Council and Community Improvement Commission August 7, 2007 1 education process, particularly with the permitted spaces after 10:00 a.m. on the top floor. Chair Johnson stated that parking fines are a lot lower in Alameda than other cities; increasing street fines versus structure fines and free holiday parking should be reviewed; a report should be brought back by mid- summer next year on opportunities for more permit parking; opportunities should be given for City employees and students to park in the parking structure if space is available. Commissioner deHaan stated that he would like to have feedback on what other cities charge for metered parking. The Development Services Director stated a mix exists within various cities; caution needs to be exercised to ensure people do not feel bad about the new experience [of using the parking structure]. Commissioner deHaan inquired what the hours of the two part -time enforcement officers would be. The Development Services Director responded two officers would provide coverage six days per week between the hours of 9:00 a.m. and 5:00 p.m. Commissioner deHaan inquired whether benefits would be provided, to which the Redevelopment Manager responded in the negative. Commissioner deHaan inquired what is the annual meter revenue, to which the Business Development Manager responded approximately $500,000. Bill Smith, Alameda, discussed bicycle parking. Pauline Kelley, Alameda, complimented staff and stated that she supports permitted parking. Robb Ratto, Park Street Business Association (PSBR), stated that he supports the staff recommendation; enforcement is critical; habitual offenders should be fined heavily; the PSBA Board unanimously approved the parking plan with the provision that cameras be installed. Commissioner Tam stated the Economic Development Commission report shows that there are four to six part -time parking enforcement officers now; inquired whether anything can be done regarding Special Joint Meeting Alameda City Council and Community Improvement Commission August 7, 2007 2 people feeding the meters in back of the Beauty College before the parking structure opens; stated customers are prevented from using the spaces. The Development Services Director responded students have a right to use the meters; stated efforts should be made to get the students to use the parking structure; other businesses' employees are feeding the meters also; enforcement is complicated. The Police Lieutenant stated the Police Department is authorized to have five part -time technicians; one technicians is assigned to abandoned vehicle abatement; two additional part-time technicians would increase enforcement work; tires are marked and citations are issued at the Beauty College; Alameda's parking fines are lower than other cities. Chair Johnson inquired whether there is a rule for reissuing a ticket. The Police Lieutenant responded a ticket can be reissued within two hours in a two -hour parking zone. Chair Johnson stated the Beauty College students are not merchants and should not park at the Beauty College. Commissioner deHaan inquired what is the cost of a ticket. The Police Lieutenant responded tickets vary between $17 and $24. Commissioner deHaan stated Bank of America's parking fine is $45. The Police Lieutenant stated Alameda's parking citations are approximately one -third of what other cities charge. Commissioner Tam inquired what needs to be done to increase fines. The Police Lieutenant responded increasing fines requires Council action. Chair Johnson stated that parking structure fines should be lower to encourage use; street and surface parking fines should be increased. Commissioner Tam stated that the Development and Disposition Agreement (DDA) stipulates that the parking rates would be fifty cents per hour; Attachment 14 shows that the parking rate would be fifty cents per hour, and that the hourly charge would be kept Special Joint Meeting Alameda City Council and Community Improvement Commission August 7, 2007 3 current by reasonable adjustments for inflation, but with minimum adjustments in twenty -five cent increments; inquired whether opportunities would be available to review the parking rates beyond the period stipulated in the DDA. The Development Services Director responded the referenced attachment stipulates the operating parameters in the first couple of years of operation; stated rates could be adjusted. Commissioner Tam inquired whether there is any frequency limitation [to rate increases], to which the Development Services Director responded in the negative. Commissioner Tam stated that Table 1 shows a net balance of $255,281, which escalates to $1,200,803 in 2027; occupancy is estimated at 45% to 50%; inquired whether said estimate would provide enough reserve funding; further inquired whether shortfalls exist; stated the existing parking revenue is subsidizing the garage; inquired whether the existing parking meter revenue is Citywide. The Development Services Director responded in the affirmative; stated predominate collections are in the Park Street business area where there are more meters; the City would determine how to make payments in the future; the Brownfields Economic Development Initiative (BEDI) funds enter the cash flow in 2007 through 2009; different revenue sources come into the cash flow four to five years later; restructuring opportunities would be available; currently, a conservative approach is being taken where the debt service payment would have a coverage of $1.25 million plus the fund balance; the debt could be covered by using the fund balance at a ratio of 2.0. Commissioner deHaan stated the parking meter revenue was mandated to help establish additional parking by ordinance; inquired what is the gross parking meter revenue. The Finance Director responded approximately $500,000 per year. Commissioner deHaan inquired whether any overhead is taken from the $500, 000. The Development Services Director responded the net revenue would be provided. Commissioner Tam stated parking revenue should help enhance parking in other business districts throughout the City; $240,000 is Special Joint Meeting Alameda City Council and Community Improvement Commission August 7, 2007 4 estimated for daily parking and monthly permit revenue; inquired whether the revenue would go up proportionally if the rate is increased by twenty five cents, to which the Development Services Director responded in the affirmative. Chair Johnson inquired how long the City is committed to only a twenty -five cent increase. The Development Services Director responded forever; stated the increase could be more than twenty five cents but never less; it would not be a problem to change to less than twenty five cents. Chair Johnson stated that an option might be to increase the street parking more than the parking structure; inquired whether opportunities are available to work with the Beauty College to ensure that students are not creating parking problems. The Development Services Director responded what is good for Park Street will end up being good for the theater; stated opportunities would be available to discuss what the City is trying to accomplish; theater spaces need to be guaranteed. Chair Johnson inquired when said discussions would take place. The Development Services Director responded discussions could take place along the way. Commissioner deHaan stated that he is having a hard time with fifty percent occupancy; the busy time would be between 12:00 p.m. and 5:00 p.m. The Development Services Director stated summer and winter occupancies would be different. Chair Johnson stated that morning parking is not easy to find on Park Street; adjustments can be made, such as the number of issued permits. Commissioner Matarrese inquired whether there is a provision for a second elevator. The Development Services Director responded a second elevator is not budgeted. Commissioner Matarrese suggested that revenue for a second elevator be kept in mind. Special Joint Meeting Alameda City Council and Community Improvement Commission August 7, 2007 5 Commissioner Matarrese moved approval of the staff recommendation. Commissioner deHaan seconded the motion, which carried by unanimous voice vote --- 4. [Absent: Commissioner Gilmore - 1 . ] ADJOURNMENT There being no further business, Mayor /Chair Johnson adjourned the Special Joint Meeting at 11:52 p.m. Respectfully submitted, Lara Wei s i ger , City Clerk Secretary, Community Improvement Commission The agenda for this meeting was posted in accordance with the Brown Act. Special Joint Meeting Alameda City Council and Community Improvement Commission August 7, 2007 6 CITY OF ALAM E DA Memorandum To: Honorable Chair and Members of the Community Improvement Commission From: Debra Kurita Executive Director Date: September 18, 2007 Re: Approve the Amended Contract with Komorous -Towey Architects, Inc. by Increasing the Contract Amount by $15,000 to Provide Additional Construction Administration Services for the Civic Center Parking Garage BACKGROUND In September 2005, the Community Improvement Commission (CIC) retained Komorous -Towey Architects (KTA) for an initial contract amount of $75,000 to develop revised designs for the facades of the proposed parking garage and cineplex. Subsequently, the CIC has amended KTA's initial contract several times to augment KTA's scope of services during the design review, bidding, and construction process for both the garage and cineplex. The KTA contract was amended to include the following additional services: ■ Bid packet preparation and limited construction administration services for the garage, on December 6, 2005, for a total contract amount of $143,200. ■ Design and presentation of modifications to the garage and cineplex facades in response to comments provided by the State Historic Preservation Officer, on May 15, 2006, for a total contract amount of $170,400. ■ Assistance to the CIC in reducing the bid price for the parking garage construction contract with Overaa Construction, on September 19, 2006, for a total contract of $175,400. The proposed fourth contract amendment will increase KTA's budget by $15,000, for a total contract of $190,400. The original contract, the three previously approved amendments, and the proposed fourth amendment are on file with the City Clerk. DISCUSSION Over the last several months, KTA provided additional design services to the CIC that were not included in their previous contract amendments. These services included preparing minor revisions to the Oak Street sidewalk improvement design due to CC/CIC Agenda Item #3 -B 09-18-07 Honorable Chair and September 18, 2007 Members of the Community Improvement Commission Page 2 of 3 unforeseen conditions related to coordinating underground storm drain and utility installation, and developing several design options for the northern elevation of the garage, which were presented to the CIC at its April 17, 2007, meeting. The development of these design options for the northern elevation required not only design services, but also coordination of construction pricing and preparation of presentation materials for the CIC meeting. As a result of KTA's increased scope of work, additional budget is required in order for KTA to fulfill their previous scope of work of providing limited construction administration services through completion of garage construction. BUDGET CONSIDERATION /FINANCIAL IMPACT This project will be funded by the 2003 Merged Area Bonds and will not impact the General Fund. Architectural fees for this scope of work will not exceed $15,000, for a total contract amount of $1 00,400. This contract amendment will not impact the contingency budget for the project. The contract amount will be withdrawn from the $277,000 in the budget line item for additional soft costs for the project as described in "Attachment 3" from the July 26, 2006, CIC meeting. RECOMMENDATION Approve the amended contract with Komorous -Towey Architects, Inc. by increasing the contract amount by $15,000 to provide construction administration services for the proposed parking garage. Respec ly submitted, Leslie A. Little Qevelopment Services Director By: Dorene E. Soto Manager, Business Development Division By: Jennifer Ott Redevelopment Manager DK/LAL /DES /JO:ry Attachment: 1. "Attachment 3" from July 26, 2006 CIC Meeting Honorable Chair and September 18, 2007 Members of the Community Improvement Commission Page 3 of 3 cc: Komorous -Towey Architects, c/a Thomas J. Towey Attachment 3 Proposed Budget for Downtown Theater Project Item Budget 3/21/2006 Budget 6/7/2006 Proposed Budget 7/26/2006 Difference between 617- 7/26 I. SOURCE OF FUNDS(') Sources of Funds $29,003,000 Add'l Redevelopment Bond Proceeds (Library) $0 Add`I Redevelopment Bond Proceeds IQ TOTAL SOURCES OF FUNDS $29,003,000 II. USE OF FUNDS Parking Garage Land Acquisition Construction Costs Other Costs Construction Contingency(2) Subtotal Cineplex Public Contribution /Loan Hazardous Materials Clean -up(3) Theater Connections Subtotal Alameda Theater Rehabilitation Property Acquisition/Relocation Rehabilitation Costs Other Costs Additional Soft Costs(4) Construction Contingency(2) Subtotal TOTAL USE OF FUNDS III. NET BALANCE/ REVENUE SURPLUS $811,000 $8,300,000 $1,410,000 $786,000 $11,307,000 $2,800,000 $200,000 $675,000 $3,675,000 $2,500,000 $7,373,600 $1,870,000 $0 $1,106,000 $12,849,600 $27,832,000 $1,171,000 $29,003,000 $29,003,000 $0 $0 $1,000,000 $1,000,000 $200,000 $200,000 $29,003,000 $30,203,000 $1,200,000 $811,000 $8,300,000 $1,410,000 $786,000 $11,307,000 $2,800,000 $200,000 $675,000 $3,675,000 $2,500,000 $8,500,000 $1,870,000 $45,000 $1,106,000 $14,021,000 $29,003,000 $0 $811,000 $8,371,000 $1,41 0,000 $415,000 $11,007,000 $2,800,000 $250,000 $675,000 $3,725,000 $3,418,000 $8,800,000 $1,870,000 $277,000 $1,106,000 $15,471,000 $30,203,000 $0 so $71,000 $0 ($371,000) ($300,000) so $50,000 El $50,000 $918,000 $300,000 so $232,000 M. $1,450,000 $1,200,000 (1) Assumes $1 million in library redevelopment bond funds and $200,000 in uncommitted bond funds no longer required for cash reserves are committed to the Theater project under the 7/26/2006 budget. (2 ) The contingency for the theater under the 7/26/2006 budget is approximately 13% instead of 15% with the increase in construction budget; and the garage was reduced to 5% still exceeding industry standards. (3) This contingency was incorrectly stated as a $200,000 in previous budgets. The DDA states it is a $250,000 contingency. (4) As part of the value - engineering process tor the theater, these funds are likely to be required for additional soft costs. CC/CM Attachment to Agenda Item #3 -B 09 -18 -07 CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council Honorable Chair and Members of the Community improvement Commission From: Debra Kurita City Manager /Executive Director Date: September 18, 2007 Re: Increase the Maximum Loan Amounts for City of Alameda Down Payment Assistance Program BACKGROUND In 1998, the City Council and the Community Improvement Commission of the City of Alameda (CIC) funded two new loan programs to assist first time homebuyers and help the City reach its adopted goal of 60 percent homeownership. On May 6, 2003, the City Council and CIC approved a restructured Down Payment Assistance (DPA) program, which combined elements of the two prior programs and added more generous financial assistance and greater flexibility to better match residential market conditions at that time. Fourteen first time homebuyers have taken advantage of the City's program since 2003. However, market conditions have shifted again, and there is very little housing stock available at prices that are compatible with the program. Increasing the maximum loan amounts would make more of the available housing stock affordable to households who are income - qualified for the DPA program. DISCUSSION Under the current program, qualified first time homebuyers may borrow up to $50,000 for down payment and closing costs, with borrowers committing one percent of the purchase price from personal funds. If the loan is repaid within the first five years of the 15 -year term, no interest is charged, and only the principal is due. Starting in year six, the loan converts to a "Shared Appreciation" loan. At the end of 15 years, the borrower must repay the principal and a percentage of shared appreciation. The DPA program is available to very low, low, and moderate - income households who are purchasing a home for the first time or who have not owned a home in the past three years. Priority for participation is given to homebuyers who currently live or work in Alameda. Once a home is purchased with the aid of a DPA loan, the owners must make the home their principal residence and may not rent the property to others. CC /CIC Agenda Item #3 -C 09 -18 -07 Honorable Mayor and September 18, 2007 Members of the City Council Page 2 of 3 Honorable Chair and Members of the Community Improvement Commission The City's DPA program has changed the lives of participants, successfully helping households who would not otherwise have been able to become homeowners to buy their first home. Three of the early borrowers have since repaid their DPA loans, releasing funding to help other households. However, the number of loans made, especially in recent years, has been lower than anticipated. Of the 14 loans made to date, only two were made to very low and low - income households, both within the first year of program inception. Since then, very low and low- income families have effectively been priced out of the market by escalating housing costs, even with programs such as the City's DPA loan. In the past, families at median or moderate income levels have been able to use the program, but most of the DPA loans in the past few years have been to assist with the purchase of Below Market Rate units, such as those made available by Warmington in the Bayport Neighborhood, as opposed to units on the open market. Surrounding jurisdictions offer down payment loans ranging from $20,000 to $90,000. Increasing the City of Alameda maximum loan amounts to $80,000 for very low and low - income households and $80,000 for median and moderate- income households would enable more people to participate in the program. The following table shows the proposed change in the maximum loan amount at various income levels, defined by percent of Area Median income (AMI): Based on a review of homes sold within the past year and homes currently on the market, these increases in maximum loan amounts should make significantly more of Alameda's housing stock compatible with the DPA program. For example, a low- income family of two would only have had access to one home that sold in the last year using the current loan amounts available, but the family could have found six homes that sold in the last year if they had had access to the higher loan amounts. For a moderate - income family of two, the number of homes affordable to those using the program would have risen from 19 to 41 last year with the increased loan amounts. BUDGET CONSIDERATION /FINANCIAL IMPACT Funding for the DPA program has been approved from a variety of dedicated housing funds as part of the City and CIC budgets. The current allocation totals $642,795, which is enough for 14 to 15 loans at current loan amounts or 10 to 11 loans at the proposed Very Low Low Median Moderate Income Level (50% AMI) (80% AMI) (100% AMI) (120% AMI) Current Max. Loan Amount $50,000 $45,000 $40,000 $35,000 Proposed Max. Loan Amount $80,000 $80,000 $50,000 $50,000 Based on a review of homes sold within the past year and homes currently on the market, these increases in maximum loan amounts should make significantly more of Alameda's housing stock compatible with the DPA program. For example, a low- income family of two would only have had access to one home that sold in the last year using the current loan amounts available, but the family could have found six homes that sold in the last year if they had had access to the higher loan amounts. For a moderate - income family of two, the number of homes affordable to those using the program would have risen from 19 to 41 last year with the increased loan amounts. BUDGET CONSIDERATION /FINANCIAL IMPACT Funding for the DPA program has been approved from a variety of dedicated housing funds as part of the City and CIC budgets. The current allocation totals $642,795, which is enough for 14 to 15 loans at current loan amounts or 10 to 11 loans at the proposed Honorable Mayor and September 18, 2007 Members of the City Council Page 3 of 3 Honorable Chair and Members of the Community Improvement Commission increased loan amounts. Additional funding becomes available as loans are repaid. There is no impact on the General Fund. MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE This program is consistent with the Housing Element of the General Plan. ENVIRONMENTAL REVIEW The DPA program is not considered a project pursuant to CEQA Section 15378.b.4, which states that the definition of "project" does not include the creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. RECOMMENDATION Approve an increase in the maximum loan amounts for the City of Alameda Down Payment Assistance Program. Respectfully submitted, --- .---' ' CX/h&-C) Leslie A. Little Development Services Director By: Dorene E. Soto Manager, Business Development Division By: Rachel Silver Development Manager, Housing DK/LALIDES /RS:ry [tl. •.yiry • TProc(amation W1-(EIZEAS, Alameda takes great pride in celebrating cultural diversity and supports efforts that foster cultural and community exchanges; and W1-OE:1EAS, Alameda is proud to be a Friendship City with Wuxi, China, and looks forward to visiting Wuxi for the 3rd Annual Sister City Forum; and W1-tE1EAS, Alameda supports the efforts to create a Sister City relationship with Wuxi and sees such a relationship as an opportunity to promote cultural exchange through mutual respect and understanding; and WUE1EAS, Alameda is proud to join in a flag raising ceremony with the City of Oakland and other Bay Area communities that are honoring National Day for the People's Republic of China. NOW, ThEEFOE BE IT 1ZESOLVED, THAT 11, Beverly J. Johnson, Mayor of the City of Alameda, do hereby honor October 1, 2007 as the 58th anniversary of Nct-un;a'vciy for thpe"ep&Uc'ofchtrtv in the City of Alameda and invite all Alamedans to attend the flag raising ceremony in Oakland. J. Johnson Mayor City Council Agenda Item #3 -A 09 -18 -07 v• PROCLAMATION WHEREAS, the residents of Alameda place high value on local control over community services and have chosen to operate a community-owned, locally controlled, not-for-profit electric utility. As consumers and owners of the electric utility, the residents have a direct say in utility operations and policies; and WHEREAS, guided by the City of Alameda's Public Utilities Board, Alameda Power & Telecom provides Alameda's homes, businesses, social service, and local government agencies with reliable, efficient, environmentally responsible, and cost - effective electricity, employing sound business practices designed to ensure the best possible service at not -- for - profit rates; and WHEREAS, Alameda Power & Telecom is a valuable community asset that contributes substantially to the wellbeing of local citizens through energy efficiency, customer service, environmental protection, economic development, and safety awareness; and WHEREAS, Alameda Power & Telecom also has taken on additional stewardship for the community's information infrastructure through a broadband network providing cable television and Internet services, expanding community and economic development opportunities. Alameda. Power & Telecom is a dependable and trustworthy institution whose local operation provides many consumer protections and continues to make the community a better place in which to live and work, as well as contributes to protecting the global environment; and WHEREAS, the City of Alameda Public Utilities Board and Alameda. Power & Telecom will continue to work to bring lower -cost, safe, reliable, and clean electricity and broadband services to community homes and businesses just as it has since 1887, the year when the utility was created to serve all the citizens of Alameda. NOW, THEREFORE, BE IT RESOLVED, that I, Beverly J. Johnson, Mayor of the City of Alameda, do hereby proclaim the week of October 7 through 13, 2007 as Public Power Week in the City of Alameda honoring Alameda Power & Telecom for its contributions to the community and to make its consumer - owners, policy makers, and employees more aware of its contributions to their well -being and how it makes their lives powerful; and BE IT FURTHER RESOLVED, that the Alameda community joins hands with more than 2,000 other public power systems in the United' States in this celebration of public power and recognition that Alameda Power & Telecom is good for consumers, business, the community, and the nation. City Council r ^� Agenda Item #3 -B Beve � J. n 09 -18 -07 ek 444 4 UNAPPROVED MINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY- - SEPTEMBER 4, 2007- -6:00 p.m. Mayor Johnson convened the Special Meeting at 6:10 p.m. ROLL CALL - Present: Councilmembers deHaan, Gilmore, Matarrese, Tam, and Mayor Johnson -- 5. Absent: None. The Special Meeting was adjourned to Closed Session to consider: (07- ) Conference with Real Property Negotiators: Properties: 1041 W. Midway and Various Easements in Alameda; Negotiating parties: City of Alameda and Alameda Power and Telecom; Under negotiation: Price and terms. Following the Closed Session, the Special Meeting was reconvened and Mayor Johnson announced that the Council received a briefing from its Real Property Negotiator; no action was taken. Adjournment There being no further business Mayor Johnson adjourned the Special Meeting at 7:30 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Special Meeting Alameda City Council September 4, 2007 UNAPPROVED MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY - - SEPTEMBER 4, 2007- -7:30 P.M. Mayor Johnson convened the Regular City Council Meeting at 7:46 p.m. ROLL CAL L - Present: Counc i lmembers deHaan, Gilmore, Matarrese, Tam and Mayor Johnson - 5. Absent: None. AGENDA CHANGES (07- ) Mayor Johnson announced that the Proclamation would be addressed later in the meeting. CONSENT CALENDAR Mayor Johnson announced that the recommendation to accept the Quarterly Sales Tax Report [paragraph no. 07- ] and Resolution [paragraph no. 07- ] were removed from the Consent Calendar for discussion. Councilmember Gilmore moved approval of the remainder of the Consent Calendar. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote --- 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] ( *07- ) Minutes of the Special and Regular City Council Meetings held on August 21, 2007 and the Special City Council Meeting held on August 27, 2007. Approved. ( *07- ) Ratified bills in the amount of $7,824,299.10. (07- ) Recommendation to accept the Quarterly Sales Tax Report for period ending March 31, 2007. Councilmember deHaan stated the report shows an increase in auto sales tax revenue; inquired when the increase would disappear. The Finance Director responded somewhere between eighteen and twenty -four months; stated the revenue was large because of a catch up from December and the first quarter. Councilmember deHaan inquired whether said increase was an anomaly, to which the Finance Director responded in the affirmative. Regular Meeting Alameda City Council 1 September 4, 2007 Councilmember deHaan inquired whether all sales tax revenue goes to the General Fund, to which the Finance Director responded in the affirmative. Councilmember deHaan stated that sales tax revenue totaled approximately $5.3 million annually since 1997; today $5.4 million is generated; other things will erode sales tax revenue. The Finance Director stated the State engaged in the triple flip in 2004 and took a quarter percent of the sales tax; the City only receives seventy five percent of one cent in exchange for the property tax. Councilmember deHaan inquired how much the City receives. The Finance Director responded in the neighborhood of $300,000 to $400,000; stated she would need to verify said amount. Councilmember deHaan stated sales tax revenue will never be a strong element in Alameda. The Finance Director stated historically sales tax revenue has not been a strong element of the entire General Fund budget; the cure is more retail, business -to- business, and everyone buying locally; the City is not dependent on one source of revenue; property taxes are approximately twenty -five percent of General Fund revenues. Councilmember deHaan inquired whether the property tax revenue will become a flat line operation in out years. The Finance Director responded the City will not see more than a two percent growth within the next fifteen years; stated every newly built house and remodel adds to the assessed valuation. Councilmember Matarrese inquired whether tax is collected on the former Naval Air Station property; further inquired whether the City would see a run up when the former Naval Air Station becomes part of Alameda. The Finance Director responded property taxes are very small. Councilmember deHaan stated that he is concerned with the flatness of a couple of key indicators within the General Fund. Mayor Johnson stated that sales tax generated north and south of Lincoln Avenue is almost forty percent of the total sales tax and is higher than Alameda Towne Centre; auto sales is a key factor; Regular Meeting Alameda City Council 2 September 4, 2007 sales tax has increased slightly from the first quarter of 2006 to the first quarter of 2007. The Finance Director stated the increase is an excellent trend if the trend continues; she does not anticipate that the increase will continue; some of the larger more substantial sales will be decreasing; yacht sales have been an increasing trend but may decrease in the second quarter of 2007. Councilmember deHaan stated some yacht sales have been closed down for the Grand Street development. The Finance Director stated yacht sales would not disappear completely and would occur in another location. Mayor Johnson stated that Alameda's sales tax percentage is significantly lower compared to surrounding communities; people need to be provided with more opportunities to buy in Alameda. Councilmember deHaan moved approval of the staff recommendation. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote -5. Councilmember Matarrese requested that the next Quarterly Report be placed on the Regular Agenda for discussion; stated the public needs to see the trends and understand how much money is needed to fund the Police and Fire Departments, Library and parks. Councilmember deHaan requested that the staff report provide background on sales tax proportions in the General Fund along with a forecast; stated the City will be impacted with situations occurring on auto row and with property taxes. Mayor Johnson requested that the report include information on how much sales tax revenue supports surrounding communities; people need to know the impact that sales leakage has on the community. ( *07- ) Recommendation to approve amendment to Consultant Agreement with Sally Swanson Architects, Inc. to increase the Contract amount by $5,000 for the update of the City's Americans with Disabilities Act Transition Plan and Self Evaluation. Accepted. (07- ) Resolution No. 14134, "Approving the Appeal of Nissan Saidian and Leon Zektser and overturning the Planning Board's Denial of Use Permit UP06 -0010 for 1310 Central Avenue." Adopted. Regular Meeting Alameda City Council September 4, 2007 3 Councilmember deHaan commended staff for including all elements in the resolution; stated that he hopes that the owners do not continually request additional hours. Councilmember Gilmore inquired whether Condition of Approval 16 requires the owners to redo the process in September 2008. The Planner III responded in the negative; stated the owners will be able to operate under the conditions of the Use Permit if they are in compliance with the Conditions of Approval; Condition of Approval 16 states that the owners have until September 4, 2008 if they choose not to vest the Use Permit. Councilmember Matarrese moved adoption of the resolution. Councilmember deHaan seconded the motion, which carried by unanimous voice vote - 5. ( *07- ) Ordinance No. 2971, "Amending the Alameda Municipal Code by Adding Section 2 -19 (Youth Advisory Commission) to Article II (Boards and Commissions) of Chapter II (Administration ), Establishing a Youth Advisory Commission and Prescribing Membership and Duties of Said Commission." Finally passed. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (07- }Proclamation declaring September 15, 2007 as Coastal Cleanup Day and September 16 through 22, 2007 as Pollution Prevention Week. Mayor Johnson read the proclamation; requested that the City Clerk forward the proclamation to Doug Siden, Board of Directors, East Bay Regional Park District; stated the City has battery drop off locations; the Public Works Department has scheduled an electronic drop off event for October 20. Councilmember deHaan stated that the beach is a beautiful City asset; the shoreline is beginning to gain some character and is superb; the sand is course and beautiful; he encourages everyone to help clean up the beach; sand had to be brought in to keep erosion from occurring in the past; mother nature has done a great job. Mayor Johnson stated the back page of the Park Street Business Association newsletter indicates that the electronic drop off location is at the Towne Centre on the north side of Safeway. The Environmental Services Manager stated that there would be two electronic events this year; the Chamber of Commerce and Greater Regular Meeting Alameda City Council September 4, 2007 4 Alameda Business Association (GABA) event is first; the City event is October 20 at Alameda Point. REGULAR AGENDA ITEMS (07- ) Report on the process for Council- Initiated City Charter Amendments; and consideration of creating a City Council Sub- committee or Ad-Hoc Committee to Review the Charter for Suggested Amendment of City Charter Provisions. The City Attorney provided a brief presentation. Mayor Johnson stated Charter amendments need to be placed an the ballot in a certain amount of time before the election; inquired how much time is needed. The City Attorney responded legislation would need to be adopted if Charter amendments are Council initiated.; stated the legislation would need to be adopted 88 days before the intended election. The City Clerk stated next year's elections are February 5, June 3, and November 4; the deadlines for adopting a resolution to place the matter on the ballot are November 9 for the February 5 election, March 7 for the June 3 election, and August 8 for the November 4 election. Mayor Johnson stated that Council- initiated Charter amendments have not been done while she has served. Councilmember Gilmore stated that the thrust of the Charter review is to deal with portions of the Charter that are no longer applicable and to clean up some gender specific language; a list of more substantive issues would be brought back to the entire Council for discussion. Mayor Johnson stated Measure A would not be addressed. Councilmember Matarrese stated that the scope of review should not be limited; the process would be to review the entire Charter with regard to language clean up, State laws and other governing processes that have changed; a list would be developed and brought back to Council; Council would pick and choose what to put on the ballot; the process would take care of what is placed on the ballot. Mayor Johnson stated that she does not want to turn the Charter review clean up into a Measure A debate. Regular Meeting Alameda City Council September 4, 2007 5 Councilmember deHaan concurred with Mayor Johnson; stated the Charter review would be a housekeeping effort to clean up language and cliches the City has been living with continually. Mayor Johnson stated that Alameda Power and Telecom issues need to be reviewed; the Charter review should be an ongoing process. Councilmember deHaan stated that the City Attorney should be involved in the process because she understands the Charter very well; the City Manager needs to be involved also. Mayor Johnson stated that Council meeting dates and times should not be in the Charter. Councilmember Matarrese stated presupposing what Council will say when information comes back does a disservice; the list should start with non - substantive issues and lead up to more substantive issues; the entire list would not be placed on a ballot; Article 25 addresses Urban Renewal; Urban Renewal is an antiquated phrase; there would not be an objective review if some sections of the Charter were overlooked. Councilmember Gilmore stated that the first step is to form a Council sub-committee to review the Charter with assistance from the City Attorney and City Clerk; the sub - committee would list issues that may need further discussion by Council; the list and other housecleaning items would come back; Council can decide when, if, and how to deal with the issues; issues need to be identified first. Councilmember deHaan stated that the Charter is awkward at best; the City Attorney helps Council with interpreting the Charter. David Howard, Alameda, stated people are concerned that the Charter review will turn into a Measure A discussion; the process should be an open process. Vice Mayor Tam stated that she raised the Charter review issue after attending a League of California Cities conference; numerous cities are going through a similar process; issues should be identified first; she would like to get broad community input on areas that should or should not be reviewed; other cities have appointed a committee through an application process or have had each Councilmember appoint two members from the community; the committee would work with the City Attorney, City Clerk, and outside resources to craft specific language that would help with Charter revisions to provide flexibility and be reflective of broad community support that will not tie the hands of future Councils; Regular Meeting Alameda City Council 6 September 4, 2007 suggested starting out with a committee that is a little more advisory in nature. Mayor Johnson stated that the process should be open; a Council sub - committee should deal with cleaning up the Charter first and working with the City Attorney and City Clerk; public meetings would occur when items are brought back to Council. Councilmember deHaan stated hopefully the public will provide continual feedback. Mayor Johnson stated that it would be very helpful to have the public well informed regarding Charter provisions; people do not understand limitations. Councilmember deHaan stated the Charter drives many Council decisions. Councilmember Gilmore moved approval of Council appointing two Councilmembers to a sub - committee to review the Charter with input and advice from the City Attorney, City Clerk, necessary Department Heads, City Manager and public; the structure would be to clean up outdated language and issue spot items that the sub - committee feels would benefit from a floor discussion by the Council and the public. Councilmember deHaan seconded the motion, which carried by unanimous voice vote - 5. Vice Mayor Tam and Councilmember Gilmore were selected to serve on the sub - committee. ORAL COMMUNICATIONS, NON- AGENDA (07- ) Dorothy Freeman, Estuary Park Action Committee, submitted letter; stated the City Council decided to create a Task Force for the Beltline park development in November 2006; Council decided to combine the Beltline and Oak Street Estuary Park projects in the same Task Force; there will be an unnecessary delay in looking for funds to purchase the Oak Street Estuary Park property if a Task Force is not formed for two years; a Task Force needs to be created in order to initiate the work. Mayor Johnson stated that she does not recall Council deciding to delay creation of a Task Force for two years. Councilmember deHaan stated that Council decided to defer the matter [on August 21, 2007]. Regular Meeting Alameda City Council September 4, 2007 7 Mayor Johnson stated that a Task Force could make recommendations on ways to raise money to buy the land. Councilmember deHaan stated he would like Council to review the minutes addressing establishment of a Task Force. Mayor Johnson stated that the City has to buy the land first. Councilmember deHaan stated that he would like an Off Agenda report on the goals of the Task Force. Mayor Johnson stated that Council would discuss priority settings; Estuary Park should be included as a priority. The City Manager stated that staff would provide Council information regarding the work plan and direction for Estuary Park. (07- ) Marie Kaylar, Alameda, stated the audio signals at Central Avenue and Broadway have an unbearable sound; the neighborhood was not informed of the installation of the signals. Mayor Johnson stated the Public Works Department is reviewing the volume of the audio signals; inquired whether the audio signals can be set at an acceptable volume. Ms. Kaylar responded she spoke with the company that makes the audio signals; stated information has been provided to the City Engineer; a neighbor conducted a survey that will be provided to Council; a button would be a more acceptable option. (07- ) James Wullschleger, Alameda, stated twenty -five audio signals were purchased using Measure B funds; the neighborhood tried to work with the City on the issue; the audio signals were turned off and then turned back on a few weeks later; the neighbors are excited that the audio signals have a manual activation button option; the neighborhood requested to be included in the process; buttons could be installed for $1,600 per intersection; the audio signals get louder when trucks pass; a blind resident wants buttons installed; requested that the audio signals be turned off for a period of time in order to review the matter. Councilmember deHaan inquired whether the rest of the audio signals have been installed. The City Manager responded that she would provide a list of signals; stated other audio signals will not be installed until the matter is resolved. Regular Meeting Alameda City Council September 4, 2007 8 (07- ) Griffith Neal, Alameda, stated that truck traffic through the Tube has increased; many drivers park over night; suggested that Council place a moratorium on trucks going through the Tube during rush hours; restroom facilities should be provided if people are allowed to stay over night. Councilmember deHaan inquired whether anyone leases the Fleet Industrial Supply Center (FISC) property for truck staging. The Assistant City Manager responded that he is not aware of any; stated Container Care and Alameda Gateway provide container storage. Councilmember deHaan stated City ordinances do not allow drivers to stay over night. Councilmember Gilmore stated trucks were parking across the street from the Coral Reef Hotel on Park Street for a long period of time; police officers patrolled the area and trucks no longer park at the site. Councilmember Matarrese stated an immediate public health issue exists; there are indications that people are staying over night without facilities; requested that exact locations be provided and that the Police Department investigate the matter. The City Manager requested that Mr. Neal provide the Deputy City Manager with the exact location. Mayor Johnson stated that trucks idle for hours in West Oakland. Mr. Neal stated traffic should be controlled at certain times when there are other demands on the roads. Councilmember deHaan stated Encinal Terminals is in the process of changing entitlements. (07- ) David Howard, Alameda, stated California cities are setting up reciprocal sales tax agreements with neighboring cities; suggested reviewing the matter; stated retail will not solve all sales tax problems; encouraged the Council to look at business to business opportunities. (07- ) Bill Smith, Alameda, discussed housing. COUNCIL COMMUNICATIONS Regular Meeting Alameda City Council September 4, 2007 9 (07- ) Report on City Priority -- Setting Project. (07- ) Consideration of Mayor's nomination for appointment to the Social Service Human Relations Board. Mayor Johnson nominated Regional James for appointment to the Social Service Human Relations Board. (07- ) Mayor Johnson inquired whether four -way stops signs have been installed near St. Philip Neri School. Councilmember Matarrese responded the signs were installed recently. (07- ) Councilmember deHaan questioned when Big Box ordinance discussions would come to Council; stated that he anticipates that the matter could come to Council within the next month; further stated the priority planning process should not preclude Big Box ordinance discussions; Council was to review other cities' ordinances and discuss adopting a similar ordinance. Councilmember Matarrese stated the Big Box Ordinance was to address super stores that have more than a specific percentage of non- taxable items. Mayor Johnson stated Livermore and Dublin have adopted Big Box Ordinances. Councilmember Matarrese stated Council also had discussions on a styrofoam ordinance. Mayor Johnson stated Council would have an opportunity to discuss a Green Building ordinance on Tuesday. (07- ) Councilmember deHaan stated that he is hearing repercussions from neighbors regarding parking concerns related to closing off the street at St. Joseph Notre Dame High School; requested the City Attorney to provide information about whether there is a review process; stated another wing has been established. Mayor Johnson stated the area used to have all single - family homes; many of the homes are now subdivided; residents do not have adequate off - street parking. Councilmember deHaan stated dialog needs to take place between neighbors and the school. Regular Meeting Alameda City Council September 4, 2007 10 (07- ) Vice Mayor Tam requested an update on the progress that CalTrans has made on lighting replacement in the Webster Street and Posey Tubes. The Assistant City Manager stated lights have been replaced on one side. Councilmember Gilmore stated lights were replaced on one side of the inbound tube; the other side has not been completed; CalTrans is now taking down the lights in the outbound tube. The Assistant City Manager stated both tubes will have one set of lights. Mayor Johnson requested that CalTrans be invited to the next Council meeting to explain the situation. The City Manager noted Supervisor Lai- Bitker is conducting a meeting with CalTrans on September 10; stated CalTrans would be invited to the next Council meeting. (07- ) Mayor Johnson stated that the City needs to insist that the County maintain Alameda's bridges; Measure B funds should be used for streets and roads in Alameda and should not be used to pay the County's obligation of maintaining the bridges. Councilmember deHaan inquired whether any City funds were used in the past. Mayor Johnson requested that Council be provided a report on the recent funding history; stated a resolution might be needed regarding the use of City funding for streets, roads, and County bridges. Vice Mayor Tam requested that background information be provided on whether there have been joint agreements in the past. Mayor Johnson stated that the bridges should be maintained by the County; the County contracted with the Army Corps of Engineers to operate and maintain the railroad bridge. Councilmember deHaan stated discussions took place ten or fifteen years ago regarding the County requesting money from the City due to of lack of funds. (07- ) Councilmember Matarrese stated that there are a lot of on -going issues with AC Transit; a formula has been established for Regular Meeting Alameda City Council 11 September 4, 2007 an Eco Pass system for City employees; sworn police officers and firefighters can ride buses free and need to be encouraged to do so; the Public Works Director will be providing a report on the matter. ADJOURNMENT There being no further business, Mayor Johnson adjourned the Regular Meeting at 9:34 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Council September 4, 2007 12 September 13, 2007 Honorable Mayor and Councilmembers: This is to certify that the claims listed on the check register and shown below have been approved by the proper officials and, in my opinion, represent fair and just charges against the City in accordance with their respective amounts as indicated thereon. Check Numbers 20 1371 - 202015 EFT 406 EFT 407 EFT 408 EFT 409 EFT 410 EFT 411 EFT 412 EFT 413 Void Checks: Amount $3,868,609.02 $136,749.32 $2,773,233.75 $2,999,930.00 $2,441,091.30 $50,000.00 $2,629.50 $11,244.50 $37,387.13 200334 ($2,810.00) 201829 ($2,494.83) 151539 ($413.92) GRAND TOTAL Respectfully submitted, --Poivvt.d.ok 3. -5 Pamela J. Sibley 1 Council Warrants 09/18107 $12,315,155.77 BILLS #4 -B 9/18/2007 CITY OF ALAM E DA Memorandum To: Honorable Mayor and Members of the City Council From: Debra Kurita City Manager Date: September 18, 2007 Re: Accept the Annual Investment Report for the 2006-2007 Fiscal Year BACKGROUND In June 2002, the City Council authorized staff to contract with PFM Asset Management and Chandler Asset Management, Inc., for investment portfolio management. In January of each year, the City Council adopts or reaffirms the Investment Policy. This policy establishes the objectives of Safety of Principal, Liquidity, and Yield. Additionally, the policy limits investment in companies that produce or manufacture cigarettes, alcohol, or gambling products. DISCUSSION This report covers the fifth year of the City's managed portfolio. Several goals were achieved during this reporting period. • Safety of Principal: 0 The excellent credit quality was maintained. 0 The maturity distribution was structured to protect the portfolio in a rising rate environment • Liquidity: oThe portfolio diversification was enhanced to capitalize on the sectors and issuers offering the greatest value in the market • Yield: 0 Exceeded the industry - standard benchmarks to provide a solid return. During the past year, more of the portfolio was invested in U.S. Treasury notes, Callable Federal Agency Notes, and Corporate Notes. These changes in sector distribution occurred as market conditions changed in order to achieve the benchmark return. Credit quality was maintained. Approximately 72 percent of the portfolio remains in the one to three year maturity, which is the point of best relative value in the present market. The overall return for the managed composite portfolio since inception of the program was 3.33 percent. This compares favorably to the Merrill Lynch benchmark earnings of 2.97 percent, a difference of 0.36 percent or approximately $240,000. City Council Agenda Item #4 -C 09 -18 -07 Honorable Mayor and September 18, 2007 Members of the City Council Page 2 of 2 At each quarter end, the portfolio managers have affirmed that there have been no investments in companies that produce or manufacture cigarettes, alcohol or gambling products. BUDGET CONSIDERATION /FINANCIAL IMPACT The value added by having outside investment managers is the ability to evaluate and focus on those maturities and sectors that may offer the best relative value. The managed portfolio earned .39 percent more than the benchmark, demonstrating the benefit of this approach. In addition to earning returns above the benchmark, staff time is relieved to perform other functions thereby increasing productivity. RECOMMENDATION Accept the Annual Investment Report for the 2006 -2007 fiscal year. Respectfully submitted, Ile-Ann Boyer Chief Financial Officer By: Laura Gwynne aZiAd---aR/biz, Supervising Accountant JAB:dI Attachment cc: Kevin Kennedy, City Treasurer ti O co g D � N w .— to E > c. as IX N a (Li - o O � >I mt V :Imi a v cl) Li. 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U, CO CI) 0 c N o L k..) ›- cp cuc c CO Lc) L >-• 1 ce) ›- co F2 i co CN 0 CD N C11 0 a CY) CO 0) 4) c c 111 • co rm 0 co 2 oiloniod I1OJ.. a6e }uaalad 0 (.0 ci) c CD l 0 D * Excludes LAIF and Money Market Fund Portfolio Performance 0 0) _c .0) 07) 0) To En 0 0) E o_ 0 0) E _c _a CITY OF ALAM E DA Memorandum To: Honorable Mayor and Members of the City Council From: Debra Kurita City Manager Date: September 18, 2007 RE: Approve the Agreement Between Northern California Power Agency and Some of Its Members, Including Alameda Power & Telecom, Related to Combustion Turbine Project Number One BACKGROUND Alameda Power & Telecom (Alameda P&T) is a member of the Northern California Power Agency (NCPA), a joint powers agency of the State of California. NCPA owns and operates five simple -cycle combustion turbine electricity generating units: two in Alameda, two in Roseville, and one in Lodi, each with a capacity of about 25 megawatts (MW). Together these units constitute the NCPA Combustion Turbine Project Number One (CT1). Alameda P &T is a 13.092% participant in the CT1 project, which means that it has rights to and receives its share of the output of the generating units. The total output of the five 25 MW units is 125 MW, and Alameda P &T's share is approximately 16.37 MW. In 2005, the City of Roseville joined the Sacramento Municipal Utility District (SMUD) electric control area, and the two combustion turbine units located in Roseville became subject to the SMUD electric system operating rules. These rules are different than the rules applicable to the remaining three CTI units located in Alameda and Lodi, which continue to be subject to the electric system operating rules of the California Independent System Operator (CAISO). Due to this difference in operating rules, the Roseville units were no longer providing maximum value to the owners whose service areas were in the CAISO control area, and the Alameda and Lodi units were no longer providing maximum value to the owner whose service area was in the SMUD control area. This misalignment between ownership shares and value led to an opportunity to realign ownership in individual units such that each owner's value was maximized. In addition to a realignment of ownership percentages, the City of Lodi wants to sell its share of the CT1 project to the City of Roseville. DISCUSSION NCPA staff determined that this multi -party transaction is best undertaken via a new agreement and eventual amendment to the Agreement for Construction, Operation and City Council Agenda Item #4 -D 09 -18 -07 Honorable Mayor and September 18, 2007 Members of the City Council Page 2 of 3 Financing for the CTI project, otherwise known as the project Third Phase Agreement. The intention is that the sale will be made in two phases: an interim sale during the remaining life of the CTI bonds through mid -2010, and a Tong -term transfer of ownership requiring amendment to the Third Phase Agreement. Approving the new agreement, which is on file at Alameda P &T and in the City Clerk's Office, will result in an increase in Alameda P &T's participation in the Alameda and Lodi units and an equal reduction and elimination of its participation in the Roseville units. The total output from the combustion turbines available to Alameda P &T total will remain at 16.37 MW. The NCPA Commission approved the new agreement at its August 2007 meeting and recommended that the participants take the steps necessary to obtain approval through local governing board processes in a timely manner. Under section 12.2(A) of the Alameda City Charter, the Public Utilities Board has the authority to contract for a period "not to exceed fifteen years ". As this agreement may exceed that length of time, City Council action is required. At its September 17 meeting, the Public Utilities Board will consider approving the agreement and authorizing it to be forwarded to the City Council for approval. Since the City of Roseville became a part of the SMUD control area, the value of the Roseville CT1 units has been difficult to determine, and Alameda P &T has received very little benefit from these units. Capacity values are not well established in the SMUD control area. There are reliability requirements in the SMUD control area that make the units valuable to Roseville, but their monetary value is not specifically defined or evident as it would be in the CAISO area. In contrast, the value of the CTI units in the CAISO control area is considerable and relatively easily determined. Over the past two years, NCPA has received over $4.4 million in revenue by providing ancillary services from these units to the CAISO. Alameda P &T's share of the Alameda and Lodi units will increase from 13.092% to 21 .820 %, which may increase revenues approximately $380,000 annually. in addition, the CA1SO's emerging Iocational capacity requirements may provide another $200,000 to $300,000 per year in capacity value from these units. The total additional value could add up to about $600,000 per year for Alameda P &T. BUDGET CONSIDERATION /FINANCIAL IMPACT The exchange of rights to the NCPA Combustion Turbine units is expected to increase the value of the project for Alameda P &T. There are relatively minor up -front costs for legal and other expenditure involved in revising the agreements. These costs will be paid for by Alameda P &T, with no impact to the City's General Fund. Honorable Mayor and September 18, 2007 Members of the City Council Page3of3 MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE, This action does not affect the Municipal Code. RECOMMENDATION Approve the agreement for layoff and sale of project entitlement percentage related to combustion Turbine Project Number One. Respectfully submitted, Girish Balachandran General Manager Alameda Power & Telecom ide6.4->_3 .4_ By: Donald W. Rushton Utility Planning Supervisor DW R: msw cc: Public Utilities Board CITY OF ALAM E DA Memorandum To: Honorable Mayor and Members of the City Council From: Debra Kurita City Manager Date: September 18, 2007 Re: Approve an Amendment to the Consultant Agreement with EIP Associates, Inc., to Increase the Contract Amount By $57,925 for the Completion of an Environmental Impact Report for Harbor Bay Village 6 BACKGROUND In 2005, the City entered into a City /Developer agreement with Harbor Bay Associates, Inc., for expedited processing and environmental review for a proposed General Plan Amendment/Rezoning and Development Agreement Amendment for Harbor Bay Village 6. In May 2006, the City Council authorized the City Manager to enter into a contract with EIP Associates, Inc., for $173,075 for completion of an Environmental Impact Report (EIR) for the project. A contract amendment of $57,925 is necessary for EIP to complete the Response to Comments for the final EIR. DISCUSSION In March 2007, the draft Environmental Impact Report was released for public circulation. The draft Environmental Impact Report generated significant community comments and concerns that must be addressed in the Response to Comments document, including additional noise and alternatives analysis. This work is beyond the scope of the original budget and, thus, a contract amendment is required. Additionally, the original contract has expired and must be extended. BUDGET CONSIDERATION /FINANCIAL IMPACT Harbor Bay Associates, Inc., has entered into a City /Developer agreement to reimburse the Planning and Building Department for the contract and associated staff time. No additional funding would be required. City Council Agenda Item #4 -E 09 -18 -07 Honorable Mayor and September 18, 2007 Members of the City Council Page 2 of 2 RECOMMENDATION Approve amendment to the consultant agreement with E I P Associates, Inc., to increase the contract amount by $57,925 for the completion of an Environmental Impact Report for Harbor Bay Village 6. Respectfully submitted, Cathy Woodbury Planning Building Director By: at r�(,AA,/ Cynthia Eliason Supervising Planner Attachment: 1. Amendment to Agreement Cc: Tim Hoppen, Harbor Bay Associates, Inc. AMENDMENT TO AGREEMENT This amendment of the Agreement, entered into the day of October 2007, by and between the CITY OF ALAMEDA, a municipal corporation (hereinafter "City ") and EIP Associates, a California corporation whose address is 1200 Second Street, Suite 200, Sacramento, CA 95814 (hereinafter referred to as "Consultant "), is made with reference to the following: RECITALS: A. On May 16, 2006, an agreement was entered into by and between City and Consultant hereinafter "Agreement ") to prepare the environmental review of village 6: Residential Development on North Loop Road, Harbor Bay Business. B. In March 2006, a draft Environmental Impact Report was circulated for the project. C. The draft Environmental Impact Report generated significant community comments and concerns that must be addressed in the Response to Comments document, including additional noise and alternatives analysis. D. The applicant, Harbor Bay Associates has agreed to fund the additional Scope of Work as described in Exhibit A. E. The City and the Consultant desire to modify the agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM. The term of this Agreement shall be extended to January 1, 2009. 2. COMPENSATION TO CONSULTANT. Total compensation under this contract shall be increased to $231,000.00. 3. EXHIBIT A. Exhibit A shall be replaced by a new Exhibit A, consisting of two sheets. 4. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the day and year first above written. CONSULTANT CITY OF ALAMEDA A Municipal Corporation By: EIP Associates, Inc. Title: By: Debra Kurita, City Manager City Council Attachment to Agenda Item #4-E 09 -18 -07 RECOMMENDED FOR APPROVAL By: Cathy Wood Planning an Building Director APPROVED AS TO FORM: City Attorney By: . City Attorney CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Debra Kurita City Manager Date: September 18, 2007 Re: Appropriate $253,539 in Measure B Paratransit Funds for Non - Mandated Paratransit Program BACKGROUND The Americans with Disabilities Act (ADA) requires transit agencies to offer equivalent paratransit service for persons certified as unable to drive or take public transportation. Paratransit services must be made available to eligible users within 3/4 mile of the existing fixed route transit during the normal operating hours of the fixed route services. In Alameda, this mandated service is provided by East Bay Paratransit (EBP). While most of Alameda is within % mile of AC Transit routes, there are some service gaps, including locations that are without bus service on weekends or at certain times of day. Alameda provides non - mandated paratransit services to address these service gaps, even though they are . not required by ADA, primarily through a contract with a private cab company. The City's Paratransit Service Plan identifies the need to continue funding both mandated and non - mandated services. Measure B funds provide a dedicated funding source for both mandated and non - mandated paratransit services. These resources are administered by the Alameda County Transportation Improvement Authority (ACTIA), which has determined that they can be used to provide services for seniors as well as people with disabilities. On May 1, 2007, the City Council authorized the City Manager to submit an application to ACTIA for funding to continue implementation of the City's non - mandated paratransit program. DISCUSSION The City of Alameda paratransit program requires appropriation of $253,539 in Measure B Paratransit funds for fiscal year 2007/2008. These funds will be used for the following purposes: 1. Supplementary Taxi Service and Medical Return Trip Improvement Program (MRTIP) ($35,000) — This program provides services for Alameda residents who are eligible for EBP during times when EBP service does not meet their needs: City Council Agenda Item #4 -F 09-18-07 Honorable Mayor and September 18, 2007 Members of the City Council Page 2 of 3 a. Supplementary Taxi Service is for riders who live beyond 3/4 milefrom regular AC Transit routes or who need service at times when EBP does not operate. EBP operations are tied to the hours of AC Transit routes. In addition, this service provides critical medical trips for eligible riders awaiting EBP certification, which may take up to 21 days. b. The M RTI P provides eligible residents with a free taxi return trip home from medical appointments. EBP requires reservations a day in advance, but it is difficult to predict the ending time for appointments. 2. Premium Taxi Service Coupons for current and future year use ($90,000) — The City's new Premium Taxi Service is open to all residents age 75 and older, regardless of disability, as well as residents age 70 and older who do not currently have a driver's license or are unable to renew their license. These coupons provide users with a 50 percent discount over metered fares and have no expiration date. By purchasing the coupons during the current fiscal year, the City will continue to reduce its fund balance to ACTIA recommended levels. 3. Group Trips ($25,000) — Mastick Senior Center, which serves residents age 50 and older, uses Measure B funds to provide transportation for social outings to destinations in Alameda and other nearby communities. 4. EBP travel coupons ($43,500) — The City's paratransit program typically provides two free EBP coupon books (20 trip coupons total) to eligible residents. Encouraging eligible residents to use EBP is the most cost - effective method of utilizing long -term available regional resources, since the service is not provided by the City. 5. Scholarship Program ($1 ,000) - The program provides up to $50 per household per year in matching funds to "very low- income households" as defined by the U. S. Department of Housing and Urban Development. 6. Customer Service and Outreach ($13,000)— Mastick Senior Center staff is available for 15 hours per week to assist with applications for paratransit services, answer questions, and resolve complaints. 7. Program Management ($'17,039)— These funds would enable Public Works staff to complete ACT1A applications and reporting requirements, review program data and invoices, participate in ACTIA's Paratransit Technical Advisory Committee, conduct public outreach activities, and coordinate with transportation providers and Mastick staff. 8. Administration ($4,000) — These funds are for printing, postage, and other costs associated with conducting basic program outreach. 9. Materials, Outreach, and Web Site Maintenance ($25,000) —The introduction of the Premium Taxi Service included the development of a Rider Guide, as well as marketing materials such as program brochures in English, Spanish, Chinese, and audio formats, street banners, and a web site. These funds will be used to print additional materials, expand outreach efforts, and update the program web site. Honorable Mayor and September 18, 2007 Members of the City Council Page 3 of 3 BUDGET CONSIDERATION /FINANCIAL IMPACT The project is fully funded from the City's Measure B Paratransit account. MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE The City Paratransit Program is consistent with the General Plan Transportation Element Guiding Policy 4.3.h, "Work toward integrating a Citywide demand response of shuttle service, which incorporates paratransit, BART, AC Transit, Dial --A -Ride, and shopper needs." RECOMMENDATION Appropriate $253,539 in Measure B Paratransit funds for non - mandated paratransit program. Respectfully submitted, ■Lrl' Matthew T. Naclerio Public Works Director By: Barry Bergman Coo`�din or MTN:BB:gc cc: Watchdog Committee CITY OF ALAM E DA Memorandum To: Honorable Mayor and Members of the City Council From: Debra Kurita City Manager Date: September 18, 2007 Re: Adopt a Resolution Authorizing the City Manager to: 1) Enter into an Agreement with the Bay Area Air Quality Management District for Carl Moyer Program Grants to Replace Two Ferry Vessel Diesel Engines and One Diesel Generator, and 2) Conduct an Open Market Purchase of Two Ferry Vessel Diesel Engines and One Diesel Generator Pursuant to Section 3 -15 of the Alameda City Charter, and Execute the Purchase Agreements Re uires Four Affirmative Votes BACKGROUND On April 4, 2007, the Bay Area Air Quality Management District approved $535,916 in Carl Moyer grant funds for the City's Alameda /Oakland Ferry Service (AOFS). The Carl Moyer Program (CMP) provides funds to implement projects that reduce emissions from heavy- duty diesel engines. The grant will enable the City to replace two main engines on the Peralta and one diesel generator on the Encinal. DISCUSSION Peralta Main Engine Replacement: When the Peralta was built in 2001, it was designed around the main engines built by Cummins, Inc. The original engines are now ready for major overhaul or replacement. The CMP grant will enable the City to replace the engines with state -of -the -art models that meet the newest Environmental Protection Agency emission standards. While other manufacturers make marine engines, staff proposes to replace the engines with Cummins QSK 50s in order to reduce the cost and expedite the installation. Specifically, • Installation of the Cummins QSK 50 will permit use of existing engine foundations and gearbox arrangements without modification. Purchasing engines from another manufacturer would require modification of engine mounting foundations, piping, exhaust, and wiring. This work would require an additional two weeks of shipyard time during which there would be no fast boat replacement for AOFS. Walther Engineering Services estimates that these modifications would add approximately $40,000 to project costs. City Council Report Re: Agenda Item #4 -G 09 -18 -07 Honorable Mayor and September 18, 2007 Members of the City Council Page 2 of 3 • Cummins will permit the City to return approximately $10,000 in spare parts for the current engine that will be replaced. This return will not be permitted if the City purchases engines from another manufacturer. • Engines from other manufacturers such as MTU and Caterpillar weigh at least 3% more than the Cummins engines. This will result in at least a 3% increase in fuel consumption per yearoverthe life of the engines. As the AOFS uses approximately 300,000 gallons per year, this would result in an increase of about 9,000 gallons per year and an additional cost of $20,000 per year, assuming $2.70 per gallon. • Cummins and Red & White Fleet, Inc., are conducting a field test to determine the effect of bio- diesel on Cummins engines. Depending upon test results, Cummins may modify its engine warranty to permit use of bio- diesel in the QSK 50. For these reasons staff proposes to purchase the Cummins QSK 50 engines from Cummins West, Inc., the Northern California authorized Cummins representative. Encinal Generator Replacement: Currently the City has a total of four generators on the AOFS, two on the Peralta and two on the Encinal. All four generators were built by Northern Lights. The CMP grant will enable the City to replace one of the Encinal generators with a state-of-the-art model that meets the newest Environmental Protection Agency emission standards. While other manufacturers make generators, staff proposes to replace the Encinal generator with a Northern Lights M4276T as doing so wilt reduce installation costs and reduce long -term maintenance expenses. Specifically, installation of the Northern Lights M4276T will: • Permit use of existing piping, exhaust, and wiring without modification. Installation of a generator from another manufacturer would require approximately $20,000 in vessel modifications. • Reduce maintenance costs. Purchasing a Northern Lights generator will permit use of generator spare parts across both boats, simplify generator servicing, and reduce manufacturer representative on-site servicing costs by permitting one factory representative to service both generators on a service call. For these reasons staff proposes to purchase the Northern Lights generator from Valley Power, Inc., the Northern California authorized Northern Lights factory representative. Section 3 -15 of the City Charter provides that the City Council may, by four votes, either with or without prior advertising, as hereinabove set forth, determine that in its opinion the public work or improvements in question will be performed more economically by the City without contract, or that the materials or supplies can be purchased at a lower price in the open market. Open market purchase of two ferry vessel diesel engines and one diesel Honorable Mayor and September 18, 2007 Members of the City Council Page 3 of 3 generator will provide a lower price benefit and will: a) reduce project costs by approximately $70,000; b) reduce the time the Peralta is out of commission by two weeks; and c) reduce long -term maintenance and fuel costs. BUDGET CONSIDERATION /FINANCIAL IMPACT The project is budgeted under CIP# 621.20, with funds available for the Peralta engine replacement from the Carl Moyer Program, the Regional Measure 1 -2% Bridge Toll program, and the Countywide Measure B half -cent sales tax for transportation. The Encinal generator replacement is fully funded by the Carl Moyer Grant. MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE This action does not affect the Municipal Code. RECOMMENDATION Adopt a resolution authorizing the City Manager to: 1) enter into an agreement with the BAAQMD for Carl Moyer Program grants to replace two ferry vessel diesel engines and one diesel generator, and 2) conduct an open market purchase of two ferry vessel diesel engines and one diesel generator pursuant to Section 3 -15 of the Alameda City Charter, and execute the purchase agreements (requires four affirmative votes). Respectfully sy mitted, af&Lf._,_ Matthew T. Naclerio Public Works Director ELuA,k- By: Ernest Sanchez 6;� op, Ferry Manager Q MTN:ES:gc cc: Watchdog Committee CITY OF ALAMEDA RESOLUTION NO. AUTHORIZING THE CITY MANAGER TO 1) ENTER INTO AN AGREEMENT WITH THE BAY AREA AIR QUALITY MANAGEMENT DISTRICT FOR CARL MOYER PROGRAM GRANTS TO REPLACE TWO FERRY VESSEL DIESEL ENGINES AND ONE DIESEL GENERATOR, AND 2) CONDUCT AN OPEN MARKET PURCHASE OF TWO FERRY VESSEL DIESEL ENGINES AND ONE DIESEL GENERATOR PURSUANT TO SECTION 3 -15 OF THE ALAMEDA CITY CHARTER, AND EXECUTE THE PURCHASE AGREEMENTS (REQUIRES FOUR AFFIRMATIVE VOTES) WHEREAS, on April 4, 2007, the Bay Area Air Quality Management District (BAAQMD) approved $535,916 in Carl Moyer Program grant funds for the City's Alameda /Oakland Ferry Service (AOFS) for the purchase of three ferry vessel diesel engines; and WHEREAS, the Carl Moyer Program provides funds to implement projects that reduce emissions from heavy -duty engines; and WHEREAS, Section 3-15 of the City Charter provides that the City Council, by four affirmative votes, can authorize an open market purchase if it determines that materials or supplies can be purchased at a lower price in the open market; and WHEREAS, the City Council finds that purchasing diesel engines from the same manufacturer as the existing engines will result in a savings of $70,000, reduce the time the Peralta is out of commission by two weeks, and reduce Tong --term maintenance and fuel costs, thereby demonstrating price savings by open market purchasing; and WHEREAS, the City Council finds that purchasing a diesel generator from the same manufacturer as the existing generator for the Encinal will reduce installation costs of approximately $20,000, reduce maintenance costs, and reduce on -site servicing costs, thereby demonstrating price savings by open market purchasing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda, that the City Manager is hereby authorized to enter into an agreement with the BAAQMD for the Carl Moyer Program grant funds to replace two ferry vessel diesel engines and one diesel generator, and, BE IT FURTHER RESOLVED by the City Council of the City of Alameda that, pursuant to Section 3-15 of the City Charter, and by four affirmative votes, the City Manager, in cooperation with the Public Works Department, is hereby authorized to conduct an open market purchase of two ferry vessel diesel engines and one diesel generator from the same manufacturers that provided the existing equipment, and execute the appropriate purchase agreements. Resolution #4 -G CC 09 -18 -07 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 18th day of September, 2007, by the following vote to wit: AYES: NOES: ABSENT: ABSENTIONS: IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the official seal of said City this day of September, 2007. Lara Weisiger, City Clerk City of Alameda E L 8 20 ca w 0 Q. 0 a CITY OF ALAMEDA RESOLUTION NO. APPOINTING REGINALD JAMES AS A MEMBER OF THE SOCIAL SERVICE HUMAN RELATIONS BOARD BE IT RESOLVED by the Council of the City of Alameda that pursuant to the provisions of Article X of the Charter of the City of Alameda, and upon nomination by the Mayor, REGINALD JAMES is hereby appointed to the office of member of the Social Service Human Relations Board of the City of Alameda, to fill the unexpired term of Robert Banta, commencing September 18, 2007, and expiring on June 30, 2008, and to serve until his successor is appointed and qualified. 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in adjourned regular meeting assembled on the 18th day of September, 2007, by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the official seal of said City this day of , 2007. Lara Weisiger, City Clerk City of Alameda Resolution #5 -A 09 -18 -07 CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Debra Kurita City Manager Date: September 18, 2007 Re: Accept a Grant From the Assistance to the Firefighters Grant Program for $275,391 to Develop and Administer a Technical Rescue Program and to Appropriate $68,848 to Meet the Grant Applicant 20% Share Requirement BACKGROUND The Department of Homeland Security Appropriations Act of 2006 provides $540 million in available grant money to fire departments this year. The grant, known as the Assistance to Firefighters Grant, is an 80/20 matching grant, with the Department of Homeland Security providing 80% of the total requested amount and local agencies o g providing a 20 /o match. The program is designed to assist local fire departments in protecting citizens and firefighters against the effects of fire and fire - related incidents. Over the past three years, the Alameda Fire Department (AFD) has been awarded grants of $125,370 for a wellness and fitness program, $408,752 for new self - contained breathing apparatus, and $404,087 for a mobile training trailer under this ro ram. rant g program. This year, the Fire Department applied for and received grant assistance for a technical rescue program, which will help address the training and response required for structure collapse, response to terrorist attacks, and specialized rescue in the aftermath of a major earthquake or other natural disaster. The total cost requested in the grant application to enhance the technical rescue program is $344,239, with the Federal government providing $275,391 and the City contributing $68,848 to the program. Discussion On December 5, 2006, the City Council authorized the a pp lication for the grant, which the City received. The grant funds will be spent to support comprehensive basic pp a com p Urban Search and Rescue Light Operational Level trainin g equipment and a ui ment ac uisition q program. This program will enable the City's firefighters to respond to structure collapse incidents and conduct effective and specialized search and rescue operations following g a major earthquake or terrorist act. City Council Agenda Item #5 -B 09 -18 -07 Honorable Mayor and September 18, 2007 Members of the City Council Page 2 of 2 Structural collapse rescue service requires personnel with specialized training and a rescue supply cache to respond and mitigate the impact of victim entrapment. The plan for mitigating the aftermath of a collapse rescue incident is to enhance the existing rescue capabilities by training all AFD personnel in the certified Rescue Systems 1 (RS1) curriculum. To ensure the maintenance and sustainability of the RS1 training modules once the grant funding terminates, nine AFD personnel will be trained as instructors to provide three trainers per work shift. The industry standard equipment that will be requested in the grant will provide the basic tools necessary for light operational rescue to stabilize structures from further shifting, and construct access tunnels to reach trapped victims. Grant funds will be spent on the following elements: equipment and supplies, $138,440, and training, $208,799. BUDGET CONSIDERATION /FINANCIAL IMPACT The grant will require a $68,848 contribution from General Fund reserves. MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE This action will not affect the Municipal Code. RECOMMENDATION Accept a grant from the Assistance to Firefighters Grant in the amount of $275,391 and appropriate $68,848 from General Fund reserves to meet the 20% grant applicant share requirement. Respectfully submitted, aiv‘A.--Q-ez-eR. James Reed Fire Chief By: Chris Reilly Deputy Fire Ch f CR:adl CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Debra Kurita City Manager Date: September 18, 2007 Re: Hold a Public Hearing to Consider a General Plan Amendment and Rezoning of an Existing Park/Open Space Area of Approximately 10.77 Acres. The Site is Located North of Singleton and Mosley Avenues at 201 Mosley Avenue Within the R-4 -G, Neighborhood Residential (Special Government) Zoning District BACKGROUND on July 23, 2007, the Planning Board approved a General Plan Amendment and Zoning Map amendment to change the General Plan and Zoning designations for an existing park and open space area of approximately 1 0.77 acres. The subject site is located south of the future extension of Mitchell Avenue and the Alameda Landing project and north of Mosley Avenue, adjacent to the currently vacant multi - family residential structures commonly referred to as "North Housing" and formerly occupied by Coast Guard personnel. The proposed General Plan Amendment would change the General Plan designation for the site from Medium Density Residential to Parks and Public Open Space. The Zoning Amendment would change the site's zoning designation from R-4 -G, Neighborhood Residential (Special Government), to Open Space. The 10.77 acres is part of a larger 35.8 -acre parcel that includes vacant two story, multi- family residential structures south of the park. Additional vacant residential structures are located on an adjacent 11.36 -acre site. The U.S. Navy owns both the 35.8 -acre parcel and the adjoining 11.36 -acre parcel. DISCUSSION Historically, the 10.77 -acre site provided open space and active recreational opportunities for Navy and Coast Guard personnel, and the Alameda and Coast Guard communities have recently been using the site for recreational and open space purposes. Currently, however, the site is not being used. The proposed amendment would ensure that the General Plan designation for the site is consistent with the current use of the site, and that the General Plan accurately reflects the community's desired future use of the site. With the recommended General Plan designations, the current owner and any future owners of the property will have City Council Public Hearing Agenda Item #a -C 09 -18 -07 Honorable Mayor and September 18, 2007 Members of the City Council Page 2 of 3 a clear understanding of the City's long -term land use goals for the property. The proposed amendments are consistent with General Plan policies to promote the development and retention of open space (General Plan Policy 6.1d), expand Alameda's park system (General Plan Policy 6.1.a), and give priority for public open space and other public improvements to neighborhoods that have a shortage relative to the rest of the City (General Plan Policy 2.4.m). The loss of the 10.77 or 10.8 -acres of open space would result in a deficiency of open space within the existing and planned residential neighborhoods in the vicinity of the site. The proposed amendments are also consistent with the General Plan Housing Element's Housing Goal to provide "housing development that is consistent with the goals and policies of the City's General Plan Land Use and Open Space and Conservation Elements without jeopardizing the qualities that make Alameda a desirable place to live." Furthermore, the subject site is not identified in the Housing Element as a site necessary for housing development to meet the City's Regional Housing Need Allocation. Therefore, changing the General Plan designation for the site from residential to open space does not require any change to the City's Housing Element. Amending the site's zoning designation to Open Space ensures conformity between the General Plan designation and the zoning for the site. BUDGET CONSIDERATION /FINANCIAL IMPACT No additional funding is necessary related to planning activities for this project. MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE The introduction of an ordinance to change the Zoning Designation is specific to this 10.77 - acre site, and this action would not affect other acres of the Municipal Code. The proposed amendment to the General Plan is consistent with the existing open space and recreation General Plan objectives and policies. ENVIRONMENTAL REVIEW The California Environmental Quality Act (CEQA) applies to projects that have the potential for causing a significant effect on the environment. Some projects are nevertheless exempt if specified criteria are met. CEQA Guidelines Section 15061 b. 3, states, "where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." In this circumstance, the activity is a change in the General Plan and Zoning designations for an existing park from a residential designation to an open space designation. The proposed Honorable Mayor and September 18, 2007 Members of the City Council Page 3 of 3 change ensures that the historic and current use of the land for open space and recreation would continue, and that the land would not be redeveloped for a different, more intensive use, which could change the environment. Therefore, the proposed action is maintaining rather than changing the environmental conditions on the site, and the finding can be made that the proposed action falls within an exemption to CEQA because there is no possibility that the proposal would have a significant effect on the environment. RECOMMENDATION Adopt the resolution approving the General Plan Amendment and approve the ordinance rezoning the subject property. Respectfully submitted, Cathy Planni bury g & Building Director By: Dennis Brigh Planner 111 Attachments 1. July 23, 2007, Planning Board Staff Report (with attachments) ALAMEDA PLANNING AND BUILDING DEPARTMENT ITEM NO.: APPLICATION: STAFF REPORT 9 -B General Plan Amendment and Rezoning, GPA07 -00031tt07- 0001 —City of Alameda — 201 Mosley Avenue. A General Plan Amendment and Rezoning of an existing park/open space area of approximately 10.77 acres. The site is located north of Singleton and Mosley Avenues. GENERAL PLAN: Medium Density Residential ZONING: R-4-G, Neighborhood Residential (Special Government) Zoning District ENVIRON MENTAL DETERMINATION: Statutorily Exempt from CEQA pursuant to CEQA Guidelines Section 15061(3) —CEQA applies only to projects, which have the potential for causing a significant effect on the environment. STAFF PLANNER: Dennis Brighton, Planner 111 RECOMMENDATION: Recommend that the City Council approve the General Plan Amendment and Rezoning. ACRONYMS: AMC - Alameda Municipal Code GPA - General Plan Amendment PB - City of Alameda Planning Board ATTACHMENTS: 1. Draft Resolution 2. Exhibit k Site Map I. PROPOSAL SUMMARY The City of Alameda, the project applicant, is requesting a General Plan Amendment and Zoning Map amendment to change the General Plan and Zoning designations for an existing P . R'ng Board Staff Re Meeting of Jul ' 2007 City Council Public Hearing Attachment to Agenda Item #5 -C 09-18-07 park and open space area of approximately 10.77 acres. The subject site, presently named "Estuary Park', is located south of the future extension of Mitchell Avenue and the Alameda Landing project and north of Mosley Avenue, which provides access to the currently vacant multi - family residential structures commonly referred to as "North Housing" and formerly occupied by Coast Guard personnel. In addition to the existing open space and developed areas shown in the photograph below, the property includes a Quonset hut/storage building and a small office building. These structures are located at the lower corner of the site adjacent to the corner of Mosley Avenue and Singleton Avenue, Historically, the 1 0.77 -acre site provided open space and active recreational opportunities for Navy and Coast Guard personnel, and the Alameda and Coast Guard communities are currently using the site for recreational and open space purposes. In recognition of the property's historic and future use, the proposed General Plan Amendment would change the General Plan designation for the site from Medium Density Residential to Parks and Public Open Space. The Zoning Amendment would change the sites zoning Plan i « Board Staff Repo Meeting of July ' . 2007 Page designation from R-4-G, Neighborhood Residential (Special Government) to the Open Space Zoning Designation, III. ANALYSIS A. Proposed General Plan Amendment The proposed amendment would ensure that the General Plan designation for the site is consistent with the current use of the site, and that the General Plan accurately reflects the community's desired future use of the site. With the recommended General Plan designations, the current owner and any future owners of the property will have a clear understanding of the City's long -term land use goals for the property. The 10.77 acres is part of a larger 35.8 acre parcel that includes vacant two story, multi - family residential structures to the south of the park. The vacant residential structures are located on an adjacent 11.36 -acre site. The U.S. Navy owns both the 35.8 -acre and adjoining 11.36 -acre parcels. The proposed amendments are consistent with General Plan policies to promote the development and retention of open space (General Plan Policy 6.1 d), expand Alameda's park system (General Plan Policy 6.1.a), and give priority for public open space and other public improvements to neighborhoods determined to have a shortage relative the rest of the City (General Plan Policy 2.4.m). As shown in the parks diagram below, loss of the 10.7 -acre open space would result in a deficiency of open space within the existing and planned residential neighborhoods in the vicinity of the site. The proposed amendments are also consistent with the General Plan Housing Element's Housing Goal to provide "housing development that is consistent with the goals and policies of the City's General Plan Land Use and Open Space and Conservation Elements without jeopardizing the qualities that make Alameda a desirable place to live." Furthermore, the subject site is not identified in the Housing Element as a site necessary for housing development to meet the City's Regional Housing Need Determination. Therefore, changing the General Plan designation for the site from residential to open space does not require any change to the City's Housing Element. B. Rezoning Proposal The project site is currently zoned R-4-G, Neighborhood Residential (Special Government) Zoning District. Amending the site's zoning designation to the Open Space would ensure conformity between the General Plan designation and the zoning for the site. Also, as mentioned above, the proposal is consistent with the Housing Element ofthe General Plan because the site is not designated as a housing site Plannin « ' • and Staff Report Meeting of July 23, - .07 Page 3 CT • GHAT IA We Newel Theron! sari Francesca bay Existing Parks. Ow Spat and Greenw» s MINExisting Schools R-oposed School Iv. ENVIRONMENTAL REVIEW Posed Parks. Open Space and Greenways Public Shoreline Access Esutisi 3/8 Mlle radius around Parks and School Playgrounds ■ a 33w CEQA applies only to projects that have the potential for causing a significant effect on the environment. Some projects are nevertheless exempt if specified criteria are met. CEQA Guidelines Section 1 5061 b. 3. states, "where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." In this circumstance, the activity is a change in the General Plan and Zoning designations for an existing park from a residential designation to an open space designation. The proposed change ensures that the historic and current use of the land for open space and recreation would continue, and that the land would not be redeveloped for a different more Plannl - : oard Staff Repo Meeting of July 2 , 007 Page 4 intensive use, which could change the environment. Therefore, the proposed action is maintaining rather than changing the environmental conditions on the site, and the finding can be made that the proposed action falls within an exemption to CEQA because there is no possibility that the proposal would have a significant effect on the environment. v. RECOMMENDATION Recommend that the City Council approve General Plan Amendment GPA07 -0003 and Rezoning R07 -0001. G:IPLANNING\P BIR eports120O7107- 23- c71Mos ley R07-0001 . rpt. doc Pia ' ng Board Staff Re Meeting of J 3, 2007 Page 5 CITY OF ALAMEDA PLANNING BOARD RESOLUTION NO. (draft) RECOMMENDING THE CITY COUNCIL OF THE CITY OF ALAMEDA ADOPT GENERAL PLAN AMENDMENT (GPAO7-0001) AND REZONING (R07 -0001) FOR 201 MOSLEY AVENUE WHEREAS, the proposal requests a General Plan Amendment and Rezoning of an existing parkio pen space area of approximately 1 0.77 acres; and WHEREAS, the subject property is designated as Medium Density Residential in the General Plan Diagram; and WHEREAS, the subject property is located in a R -4 -G, Neighborhood Residential (Special Government) Zoning District; and WHEREAS, the proposed General Plan Amendment and Rezoning Wauld not change the use of the existing park; and WHEREAS, the subject property is located within the Business and Waterfront Improvement Project: and WHEREAS, the Planning Board has made the following finding relative to the Business and Waterfront Improvement Project: The proposed General Plan Amendment would substantially conform to the adopted Community Improvement Plan (CIP) for the Business and Waterfront Improvement Project, as proposed to be amended, and the General Plan policies incorporated by reference within the CIP; and WHEREAS, the Planning Board finds, pursuant to the exemption under the California Environmental Quality Act, Guideline 15061(b)(3): 1 _ The proposed General Plan Amendment and Rezoning would maintain the use of the property as open space, a use which has occurred for more than 5 years. 2, The proposed General Plan Amendment and Rezoning would maintain the existing environmental conditions on the site and have no effect on adjacent properties. 3. The site is not necessary to fulfill the City's regional housing needs and is not identified in the Housing Element for housing development. 4. It can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. WHEREAS, the Planning Board has made the following findings relative to the General Plan Amendment: 1 Attac : I t 1 Item 9 -B, 7 007 Planning Board - ting 1. The proposed General Plan Amendment is consistent with the Guiding Policies of the General Plan because it preserves existing open space, it ensures that existing and future neighborhoods in the vicinity will not be underserved by open space and recreational facilities, it ensures that the development of housing in the vicinity is consistent with Land Use, Open Space and Conservation Goals, and the site is not identified in the Housing Element as a site necessary to achieve the City of Alameda's Regional Housing Needs Determination. 2. The proposed General Plan diagram amendment will have a beneficial effect on the general welfare of the community because it will ensure retention of existing recreation and open space opportunities in a residential area of the City that is expected to continue to add housing and that will be underserved by open space and recreational facilities if the 10.77 acre open space is redeveloped for non - recreational uses. 3. The proposed General Plan diagram amendment is in the public interest, as it would facilitate redevelopment of the surrounding area and provide important open space and recreational opportunities for existing and future residents of Alameda. WHEREAS, the Planning Board has made the following findings relative to the proposed rezoning from R-4-G, Neighborhood Residential (Special Government) zoning District to Open Space Zoning District: 1. The proposed rezoning does not affect the integrity of the General Plan. The proposed rezoning is necessary to conform the zoning to the General Plan Open Space designation, which is consistent with the General Plan's Land Use, Open Space and Housing Policies. 2. The proposed rezoning does not adversely affect the general welfare of the community. The proposed rezoning will preserve existing open space and recreational facilities. 3. The proposal is equitable. The proposal to rezone a portion of a large site is equitable in that the majority of the site will be maintained in a residential zoning district and the proposed rezoning reflects the existing land uses on the site. BE IT RESOLVED that the Planning Board of the City of Alameda hereby recommends to the City Council that it approve General Plan Amendment G PAW-0003, changing the General Plan diagram from Medium Density Residential to Parks and Public Open Space and Adopt an Ordinance approving Rezoning R07 -0001, changing the zoning district from R -4-G, Neighborhood Residential (Special Government) Zoning District to Open Space Zoning District, as shown in Exhibit A to this resolution. G:IPLAN N I NGIPMResoIutions12OO7 07- 23-07\ Mosley 201 GPAO7- 0003-R07- 0001.doc 2 Mr Area of General Plan and Zoning A. endment Exhibit A 1 \ * \ \si‘' 2 X R , _9:0 f 0 - �• r � .0.40.-e, e , a . r 3 0-* C Approved as to Form CITY OF ALAMEDA RESOLUTION NO. APPROVING GENERAL PLAN AMENDMENT (GPAO7-0003) TO AMEND THE GENERAL PLAN LAND USE DIAGRAM TO CHANGE THE DESIGNATION OF APPROXIMATELY 10.77 ACRES LOCATED NORTH OF SINGLETON AND MOSLEY AVENUES AT 201 MOSLEY AVENUE FROM MEDIUM DENSITY RESIDENTIAL TO PARKS AND PUBLIC OPEN SPACE WHEREAS, the Planning Board held a duly noticed public hearing on July 23, 2007, to consider the proposed General Plan Amendment for 201 Mosley Avenue; and WHEREAS, on July 23, 2007, after careful consideration, the Planning Board unanimously approved a resolution recommending that the City Council adopt the proposed General Plan amendment; and WHEREAS, the subject property is located within the Business and Waterfront Improvement Project (BWIP): and WHEREAS, the City Council of the City of Alameda held a public hearing on this application on September 4, 2007, and examined pertinent maps, drawings, documents; and WHEREAS, the City Council has made the following finding: 1. The City Council has been advised that subject to meeting City standards and requirements, the proposed General Plan Amendment would substantially conform to the adopted Community Improvement Plan (CIP) for the Business and Waterfront Improvement Project (BWIP), as proposed to be amended, and the General Plan policies incorporated by reference within the CIP; and WHEREAS, the City Council finds, pursuant to the exemption under the California Environmental Quality Act, Guideline 15061(b)(3): 1. The proposed General Plan Amendment would maintain the use of the property as open space, a use which has occurred for more than 5 years. 2. The proposed General Plan Amendment would maintain the existing environmental conditions on the site and have no effect on adjacent properties. 3. The site is not necessary to fulfill the City's regional housing needs. Resolution #5 -C 09 -18 -07 4. It can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment; and WHEREAS, the City Council has made the following findings relative to the General Plan Amendment: 1. The proposed General Plan Amendment is consistent with the Guiding Policies of the General Plan because it preserves existing open space, it ensures that existing and future neighborhoods in the vicinity will not be underserved by open space and recreational facilities, it ensures that the development of housing in the vicinity is consistent with Land Use, Open Space and Conservation Goals. 2. The proposed General Plan diagram amendment will have a beneficial effect on the general welfare of the community because it will ensure retention of existing recreation and open space opportunities in a residential area of the City that is expected to continue to add housing and that will be underserved by open space and recreational facilities if the '10.77 acre open space is redeveloped for non - recreational uses. 3. The proposed General Plan diagram amendment is in the public interest, as it would facilitate redevelopment of the surrounding area and provide important open space and recreational opportunities for existing and future residents of Alameda. THEREFORE BE IT RESOLVED that the City Council of the City of Alameda hereby approves General Plan Amendment (GPA7 -0003) to amend the General Plan Land Use Diagram to change the designation of approximately 10.77 acres located north of Singleton and Mosley Avenues at 201 Mosley Avenue, from Medium Density Residential to Parks and Public Open Space, as shown in Exhibit A to this resolution. -mss► frr r<i rr r� -r .. • • • `r -. 1, the undersigned, hereby certify that the foregoing Resolution was duty and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 1 8th day of September, 2007, by the following vote to wit: AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the seal of said City this day of , 2007. Lara Weisiger, City Clerk City of Alameda Approved as to Form CITY OF ALAMEDA ORDINANCE NO. New Series RECLASSIFYING AND REZONING APPROXIMATELY 10.77 ACRES LOCATED NORTH OF SINGLETON AND MOSLEY AVENUES AT 201 MOSLEY AVENUE FROM R -4 -G, NEIGHBORHOOD RESIDENTIAL (SPECIAL GOVERNMENT) TO OPEN SPACE ZONING DESIGNATION BE IT ORDAINED by the City Council of the City of Alameda that: Section 1. Section 11 -116 of Ordinance No. 1 277, N.S., is hereby amended by reclassifying all the real property situated within the City of Alameda, County of Alameda, State of California, consisting of 1 0.77 acres and located at 201 Mosley Avenue as shown on the attached ExhibitAfrom R-4-G, Neighborhood Residential (Special Government) Zoning District to Open Space Zoning District. Section 2. The above amendment shall be known as and referenced to as Reclassification and Rezoning Amendment No. 202 to Ordinance No. 1277, N.S. Section 3. This Ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage. Attest: Lara Weisiger, City Clerk City of Alameda Presiding Officer of the Council Introduction of Ordinance #5 -C 09 -18 -07 I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by Council of the City of Alameda in regular meeting assembled on the 1 8th day of September, 2007, by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this day of , 2007. Lara Weisiger, City Clerk City of Alameda