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
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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
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09-18-07
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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
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Area of General Plan and Zoning A. endment
Exhibit A
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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.
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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