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2008-03-04 Packet,~K y~jJ Y t~4~ ~~;g'~+'~? o ?1~ J r.~ ` 1 ~~ ~~.f.,~ ~ CITY ~F ALAMEDA • ~~ ~~~~ ~ CALIFORNIA ~. r 4 ~ ~ ' ti*~~ -pl ~~r~s~r ` ~ `~~~~~ SPECIAL MEETING OF THE CITY COUNCIL TUESDAY - - - MARCH 4, 200$ - - - 6:00 P.M. Time: Tuesday, March 4, 2D08, 6;D0 p.m. Place : Ci t Counci 1 Chambers Conference Roam, City H a 11, co rn e r of Santa Clara Avenue and Oak Street A('fAT'lf~a • I. Roll Call - City Council 2. Public Comment on Agenda Items Only Anyone wishing to speak 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 - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision ~b7 of Section 54956.9 Number of cases; One 3-B. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION X54956.97 Name of Case; Collins v. City of Alameda 3-C. CONFERENCE WITH LABOR NEGOTIATORS 4. 5. Agency Negotiators; Human Resources Director Employee Organizations: International Brotherhood Electrical Workers Announcement of Action Taken in Closed Session, if any Adjournment - City Council ~ti everly h ayor of r~~ ~~~`• /"5" Lug' u e%1P ,, ~QJ" n r~~ r... ~'~ ~+~~ ~~ a ~'~ rrafi~ q~ ~1~L;1~~ 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. AGENDA - - - - - - - - - - - REGULAR MEETING OF THE CITY COUNCIL TUESDAY - - - - - - MARCH 4, 2008 - - - 7:30 P.M. [Note: Regular Council Meeting convenes at 7:30 pm, City Hall, Co~r~~i.l C~i~er~, corner of Santa Clara Ave and yak Std 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 Referrals 8. Communications Communications from Council} 9. 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 6:04 P.M. CITY COUNCIL CHAMBERS CONFERENCE ROOM Separate Agenda Closed Session} PLEDGE OF ALLEGIANCE 1. ROLL CALL - City Council 2. AGENDA CHANGES 3. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS 3-A. Proclamation declaring March 2008 as American Red Cross Month. 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 City Council Meeting; the Special Joint City Council, Alameda Reuse and Redevelopment Authority and Community Improvement Commission Meeting; and the Regular City Council Meeting held on February 19, 2008. City Clerk? 4-B. Bills for ratification. Finance} 4-C. Recommendation to approve amendments to existing Professional Services Agreements with Lamphier Gregory and Harsh Investment Realty for the evaluation of potential environmental impacts associated with the proposed expansion of the Alameda Towne Centre. Planning and Building} 4-D. Recommendation to allocate $860,522 from Fund 310.1 Fleet Industrial Supply Center Catellus Traffic Mitigation Fee for the construction of Bayport traffic mitigation improvements at Ralph Appezzato Memorial Parkway and Webster Street, Constitution Way and Mariner Square Drive. Development Services} 4-E. Adoption of Resolution Approving the Power Purchase Agreement between Northern California Power Agency ~NCPA7 and Western GeoPower, Inc., for the Purchase of Power from a New Geothermal Power Plant at a Fixed Price of $98.00/MWh Over an Initial 20-Year Term and Authorize the General Manager to Execute the Third Phase Agreement for Members of NCPA to Participate in the Proposed Project. SAP&T} 5. REGULAR AGENDA ITEMS 5-A. Recommendation to consider an appeal of the Transportation Commission's decision to install parking restrictions at the existing westbound bus stops on the northerly side of Encinal Avenue at the intersection of Mound Street. Public Works} 5-B. Recommendation to request placement of a Ballot Measure Resolution proposing non-substantive changes to the City Charter on a City Council Agenda no later than July 15, 2008, and to prioritize and provide direction on future substantive changes. City Attorney} G. 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 REFERRALS Matters placed on the agenda by a Councilmember may be acted upon or scheduled as a future agenda item 7-A. Consider directing the City Manager to have staff and the Economic Development Commission research and proposed projects and policies in order to attract, retain and expand marine related business for Alameda. ~Councilmember Matarrese} 8. COUNCIL COMMUNICATIONS Communications from Council} Councilmembers can address any matter, including reporting on any Conferences or meetings attended 9. 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 747-4804 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 ~P'roclamation tiV}f ~/~2~~1s, the American Red Cross Bay Area was founded in 1898; and yU~~I~~~S, the Red Cross, a leadin volunta a en was chartered and g rY g c'Y~ authorized by Congress to act in times of need, providing compassionate assistance to people afflicted by personal, local, or national disasters; and 1~U~~~~~5, the American Red Cross. Ba Area hel ed 900 families with tem ora Y P P rY housing, clothing, f ood, and ~ mental health counseling during 500 Iocal disasters last year alone; and ~11}f~Z~~l$, people have counted on the Red Cross for the information and skills they need to be safe at home, at work, at school and at play; and 1~U~~~~~[S, last ear, the American Red Cross Ba Area trained over 140 000 Y Y , people in lif esaving CPR, f first aid, and water saf ety; and ti11~~~~~5, throu h the Pre are Ba Area initiative and communi g p Y tY preparedness programs, over 140,000 individuals received training; and 1~11~f~l~~~15, Red Cross staff de to with the U.S. milita to rovide emer en p Y rY p g cY communications, counseling, financial assistance, and a caring presence to Z,2001ocal military f amities; and 1~V~~1~~~[S, Red Cross Blood Services su ort 31 Ba Area hos itals rovidin PP Y p ~ P g them with more than 134,000 units of red cells, platelets and plasma to patients in need. N01N, r~~~~~o~~ a~ rr ~~so~v~~, that I, Beverly j. Johnson, do hereby proclaim March 2008 as ,4 mericav~Red.Cross~ Mont3v in Alameda and encourage all residents to be cognizant of the compassion, courage, character, and civic duty that is ' in the Red Cross mission to prevent and relieve human suf f erxng. ~ City CouncEl Agenda Item #3-A ~3-04-08 UNAPPRnVED MINUTES OF THE SPECIAL JOINT CITY COUNCIL AND COMMUNITY IMPROVEMENT COMMISSION ~CIC~ MEETING TUESDAY- -FEBRUARY 19, 2008- --6:30 P. M. Mayor/Chair Johnson convened the Special Meeting at 6:35 .m. p ROLL CALL - Present: Councilmembers/Commissioners deHaan, Gilmore, Matarrese, Tam, and Mayor/Chair Johnson - 5. Absent: None. The Special Meeting was adjourned to Closed Session to consider: X08- CCU Conference with Labor Negotiators; Agency Negotiators: Craig Jory and Human Resources Director; Employee Organizations: All Public Safety Bargaining Units. X08- CC/08- CIC7 Conference with Real Property Negotiators; Property: 555 Ralph Appezzata Memorial Parkway ~APN Number: Portion of 074-0905-06-2, Portion of 074-0905-07-2~; Negotiating parties: CIC/City of Alameda and Peralta Community College District; Under negotiation: Price and terms. Following the Closed Session, the Special Meeting was reconvened and Mayor/Chair Johnson announced that regarding Labor, Council received an update on public safety negotiations; n action was taken; regarding Real Property, Council and the Commission received an update regarding potential acquisition of real property needed to complete the proposed Stargell Avenue extension and provided direction to Real Property Negotiators. Adjournment There being no further business, Mayor/Chair Johnson adjourned the Special Meeting at 7:35 p.m. Respectfully submitted, Lara Weisiger, 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 February 19, 2008 UNAPPROVED MINUTES OF THE SPECIAL JOINT CITY COUNCIL, ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY ~ARRA}, AND COMMUNITY IMPROVEMENT COMMISSION ~CIC} MEETING TUESDAY- -FEBRUARY 19, 2D08- -7:25 P.M. Mayor/Chair Johnson convened the Special Meeting at 8:OD p.m. ROLL CALL - Present: Councilmembers/Board Members/Commissioners deHaan, Gilmore, Matarrese, Tam, and Mayor/Chair Johnson -- 5. Absent: None. SPECIAL ORDERS OF THE DAY SOS- CIC} Update on the Alameda Theater, Cineplex, and Parking Structure Project. The Redevelopment Manager gave a brief presentation. Chair Johnson stated the marquee panels look very good and almost 1 i ke new . The Redevelopment Manager stated differentiating between the new and restored panels is difficult. Commissioner Matarrese inquired whether options would be provided for softening the look of the parking structure's northern elevation. The Redevelopment Manager responded staff recommends maintaining the contingency until the Theater project is closed out; stated staff is working with an architect on options and pricing. Commissioner Matarrese requested an update on the Central Avenue bike lane and parallel parking. The Redevelopment Manager stated diagonal parking has been converted to parallel parking in front of the Central Avenue School District offices in order to facilitate a bike route, which is part of the General Plan. Commissioner Matarrese congratulated staff for completing the parallel parking. Commissioner deHaan inquired whether monthly parking passes have Special Joint Meeting Alameda City Council, Alameda Reuse 1 and Redevelopment Authority, and Community Improvement Commission February 19, 208 been successful. The Rede~relopment Manager responded flyers were sent to local businesses in the area; stated plans are to advertise in the Park Street Business Association ~PSBA} and Chamber of Commerce newsletters; all spaces have not been reserved; more marketing will be done. Commissioner deHaan inquired where are the monthly parking spaces. The Redevelopment Manager responded approximately 40 spaces are restricted to the roof for local business monthly parking; stated expanding the monthly parking spaces to other levels might make sense. Commissioner deHaan stated the public needs to understand that parking is free after 5:00 p.m. Chair Johnson stated parking is also free on Sunday. The Redevelopment Manager stated the increased on-street parking rates would also help. Chair Johnson stated enforcement should help; people are not used to going down Oak Street. The Redevelopment Manager stated better marketing would inform people that the parking garage is open even though half of Oak Street is closed. Commissioner Tam stated that she appreciates that the leak was discovered early; the remaining Theater contingency is $2,777; the remaining garage contingency is $31,OOD; the original amount of the [parking garage] contingency was $415,000; $604,000 in value engineering was taken out; additional expenditures were covered by interest from loans; inquired whether overages would be covered by interest or contingency. The Redevelopment Manager responded $55,000 is budgeted for the leakage within the current contingency; pending change orders might come back at a higher price; the $31,000 garage contingency should be enough to cover the eastern elevation leakage; the interest from the Housing and Urban Development THUD} loan has not been committed to anything else; $62,000 was committed from the Cineplex interest income in December; an additional $12,000 available. Commissioner Tam inquired whether there would be an assessment of Special Joint Meeting Alameda City Council, Alameda Reuse 2 and Redevelopment Authority, and Community Improvement Commission February 19, 2008 available funding for such things as the northern elevation and planting at the end of the fiscal year. The Redevelopment Manager responded she would like to wait until the Theater project is closed out and all liabilities have been addressed; stated the money might be needed for outstanding litigation. Commissioner Tam inquired whether redevelopment funds specifically earmarked for projects cannot be used for the General Fund, to which the Redevelopment Manager responded in the affirmative. Commissioner deHaan inquired whether the Theater roofing is in fairly good condition. The Redevelopment Manager responded in the affirmative; stated the leaking is from cracks in the sidewall; water tests have been done on the roof; flashing was added. Chair Johnson inquired whether the western elevation has any leaks. The Redevelopment Manager responded the western elevation has no visible leaks; stated conditions may arise in the future; reserves are being set aside to address issues that may arise in the next three to five years. Chair Johnson stated the matter could be reviewed if contingency is left over. Commissioner Matarrese inquired whether Theater funds and any remaining funds are not General Fund or revenue sources but are restricted by law to use on redevelopment projects. The Development Services Director responded the majority of the Historic Theater funding was all bond money and must go to the project along with interest; Section 108 money was used for most of the garage construction; the land was bought with redevelopment money; Section 10S interest income cannot be used for a non-HUD eligible economic development project. MINUTES X08- CIC} Minutes of the Special Community Improvement Commission Meeting of January 15, 2008. Approved. Commissioner deHaan moved approval of the minutes. Special Joint Meeting Alameda City Council, Alameda Reuse 3 and Redevelopment Authority, and Community Improvement Commission February 19, 2008 Commissioner Tam seconded the motion, which carried by unanimous voice vote - 5. AGENDA ITEMS X08- CC/OS- CIC~ Recommendation to accept the Quarterly Financial Report for the period ending December 31, 2007. The Finance Director gave a Power Point presentation. Mayor/Chair Johnson inquired whether retiree medical costs are 20 [of the budget]; stated the City is not fully funding the benefit now. The Finance Director responded the 20 represents the current payment for retirees. Mayor/Chair Johnson stated the amount could be much larger once true obligations are addressed. Councilmember/Board Member/Commissioner deHaan inquired whether the overall operational budget is $236 million, to which the Finance Director responded in the affirmative. Councilmember/Board Member/Commissioner Gilmore stated the $4 million [in lost revenue] is for the current fiscal year ending in June; the economic forecast through 2009 continues on the same path; the $4 million gap needs to be closed by the end of June; there will be some type of gap in the next two-year budget cycle. The Finance Director stated the first year is predicted to have some type of gap. Vice Mayor/Board Member/Commissioner Tam commended staff for being ahead of the curve and reviewing ways to reduce expenditures by $3 million in anticipation of the $4 million deficit; $1.4 million was spent on the Beltline litigation; the money was moved from the General Fund to the Risk Management fund; inquired whether the Risk Management fund comes out of the reserves. The Finance Director responded Risk Management is funded by allocations from various funds, including the General Fund, which is the biggest contributor. Vice Mayor/Board Member/Commissioner Tam stated the City cannot anticipate litigation costs; the Beltline litigation ended up costing more than the parcel cost; reserve funding is needed for Special Joint Meeting Alameda City Council, Alameda Reuse 4 and Redevelopment Authority, and Community Improvement Commission February l9, 200$ prospective issues; the City directly controls the Utility Users Tax; inquired whether other revenue sources are controlled by the City. The Finance Director responded the Property Transfer Tax; stated a vote would be required to increase the tax. Vice Mayor/Board Member/Commissioner Tam inquired whether focusing on the Property Tax would result in the biggest bang for the buck. The Finance Director responded an Tax would require a two-thirds charges $5.40 per $1, 004 and is cities. increase in the Property Transfer vote; stated currently the City next to the last of the Charter Mayor/Chair Johnson requested clarification on the value of the Beltline property versus cost of litigation. The City Attorney/Legal Counsel stated the result of the litigation is that the City will pay a little under $1 million for the property; the Beltline estimates the property value between $30 and $40 million. Councilmember/Board Member/Commissioner deHaan inquired whether the litigation costs were coming out of the General Fund initially. The Finance Director responded said costs were paid out of the Risk Management fund; the Risk Management fund needed to be backfilled from the General Fund. Councilmember/Board Member/Commission deHaan inquired whether the $1.4 million cost occurred over the last several years, to which the Finance Director responded in the affirmative. Vice Mayor/Board Member/Commissioner Tam stated the third recommendation is to undertake a thoughtful, structural realignment for Fiscal Year 2008--2009; inquired whether the second half of the fiscal year would require dipping into reserves to cover the deficit, to which the Finance Director responded in the affirmative. Councilmember/Board Member/Commissioner Matarrese inquired what would be the risk in deferring the Lincoln Park project. The Public Works Director Department thought that the project would be deferred to Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission February 19, 2008 responded the risk would be July 1,2008. 5 Recreation and Park minimal; stated the Mayor/Chair Johnson inquired whether deferring the project to next year would create a domino affect. The Public Works Director responded possibly; stated efforts will be made to continue to look for grants. Councilmember/Board Member/Commissioner Matarrese stated that he is always hesitant to defer Capital Improvement Projects because costs increase down the road; he would like to have the Lincoln Park project reviewed very carefully. Councilmember/Board Member/Commissioner deHaan inquired what is the project cost [Lincoln Park], to which the Public Works Director responded $300,000. Councilmember/Board Member/Commissioner Matarrese inquired whether the fund balance is commonly called the reserves, to which the Finance Director responded the fund balance is the City's reserves. Councilmember/Board Member/Commissioner Matarrese requested information on the Emergency Medical Response ~EMS7 Tax; inquired whether said tax would be a way to gain revenue. The Finance Director responded possibly; stated that she does not have all the facts; information would be provided; she does not know when the advisory vote was taken; Alameda is the only City in the County that does not assess the tax. Mayor/Chair Johnson inquired how long the Lincoln Park project would take, to which the City Engineer responded design would take approximately six to nine months. Mayor/Chair Johnson responded the length of time is a problem because Alameda High School uses the area as its home baseball field; the field needs to be done by December. The Public Works Director stated one option could be to fund the design now; construction costs could be moved to next year. Mayor/Chair Johnson requested that staff check with the High School regarding the baseball schedule. Councilmember/Board Member/Commissioner Matarrese stated deferment of any capital improvement project should be reviewed very carefully from a policy standpoint because continued deterioration causes costs to increase. Special Jaint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission February 19, 2008 Mayor/Chair Johnson stated there is not a real reserve because of the millions of dollars in public safety retirement health benefit obligations, and deferred street, sidewalk, park, and building maintenance; the money could be spent on very critical City needs in a second and is not fun money. Councilmember/Board Member/Commissioner deHaan requested background an the reserves accumulation and the erosion over the last two to three years. The Finance Director stated the reserve levels were adopted and codified in a 1997 document addressing financial policies; in 1989, a motion adopted that reserves be 250 of operating expenditures for economic uncertainties; the fund balance was approximately 27o in 2004-2005; portions have been used to fund: 1~ deferred street, sidewalk, and tree maintenance; 2~ playing fields; and 37 the Beltline litigation; a small portion of expenditure savings were contributed at the end of last year. Councilmember/Board Member/Commissioner deHaan inquired what is the current reserve level. The Finance Director responded the forecast indicates the reserve will be at 17o at the end of the fiscal year. Councilmember/Board Member/Commissioner deHaan stated the concern is how much of the reserve is liquid. The Finance Director responded $5.9 million of the $15 million is loaned out to the Alameda Public Improvement Corporation, Community Improvement Commission, and Alameda Power and Telecom, and $400,000 has been designated for fire station replacement. Councilmember/Board Member/Commissioner deHaan inquired what is the amount of deferred street maintenance; stated the estimate was approximately $31 million at one time. The Public works Director responded $12 million is identified for street resurfacing; $100 million is identified for all of the various infrastructures. Councilmember/Board Member/Commissioner deHaan stated costs go up; using reserves for deferred maintenance is important; pension and severance pay is another issue. The Finance Director stated that employees are entitled to accrued Special Joint Meeting 7 Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community improvement Commission February 19, 2Q08 vacation payout upon retirement; the amount can be substantial; vacation payout amounted to $200,000 this fiscal year. In response to Councilmember/Board Member/Commissioner deHaan's inquiry regarding operational savings, the Finance Director stated there is a savings of approximately $1.5 in Capital Improvement Projects and $1.5 in operating expenditures. Councilmember/Board Member/Commissioner deHaan stated that he does not see any upswing or leveling at the end of 2009; the City of Vallejo is considering bankruptcy and is the first city in California to consider such a thing; stated today's phenomenon is different from 2003. The Finance Director stated the 2003 phenomenon was industry driven, today's is home sale driven; plans need to be made for a very thoughtful and strategic 2009 budget. Councilmember/Board Member/Commissioner Gilmore thanked staff for the presentation; stated best efforts have been made in forecasting the unknown; the State's budget has not passed and may not pass until fall; what is known now may change dramatically because the City is dependent on what the State does to balance its budget. The Finance Director stated information will be available revise; the City could feel a emergency is not declared. one more chance to input new when the Governor presents the May little more home free if a fiscal The City Manager/Executive Director stated the City constantly receives feedback from the League of California Cities; information will be received before the May revise. Councilmember/Board Member/Commissioner Matarrese inquired what projects are not being done because funds are being shifted to close the $5 million gap, to which the Finance Director responded different banks are being used; Proposition 1B money would be used for the Pavement Management Plan rather than General Fund money. Councilmember/Board Member/Commissioner Matarrese inquired whether Proposition 1B money was to be used for something else before shift happened, to which the Finance Director responded street paving. Councilmember/Board Member/Commissioner Matarrese stated things are still being deferred; inquired whether Proposition 1B money is being shifted into a project that would reduce the street maintenance deficit. Special Joint Meeting 8 Alameda City Council Alameda Reuse and Redevelopment Authority, and Community Improvement Commission February 19, 2008 The Public Works Director responded in the affirmative; stated staff is looking for other funding sources; more street improvements could be completed if General Fund money were used in addition to Proposition 1B money. Councilmember/Board Member/Commissioner Matarrese stated that he wants to make sure that the public does not get the impression that everything is all right; no one is talking about the federal deficit; the School District is suffering more than the City. Mayor/Chair Johnson stated a specific list needs to be provided outlining things that are not being done. Councilmember/Board Member/Commissioner deHaan stated the real concern is where the City is going from here; playing with a good estimate of what the cuts will be is important; he does not want to wait until June to receive feedback; he wants to feel comfortable in knowing what initiatives Council needs to take. The Finance Director stated the City Manager/Executive Director will lead a team of Department Heads in reviewing and gathering revenue enhancement ideas to bring to Council in a workshop setting; the expenditure side of the ledger will be reviewed also to determine what level of expenditure can be tolerated; she will have a better idea of property tax revenues on March 19. Mayor/Chair Johnson stated departments have been requested to review cuts through the end of the fiscal year; inquired how much departments are asked to trim. The Finance Director responded 1.50; stated some departments are able to do more; reductions totaled $l.5 million. Mayor/Chair Johnson inquired how the cuts were made. The Finance Director responded through a strategic hiring freeze and supply and service reductions. Councilmember/Board Member/Commissioner deHaan inquired what is the timeline on the budget. The City Manager/Executive Director responded potential revenue sources will be reviewed and presented at a workshop discussion in March orApril; stated each department's budget is being reviewed; information needs to be gathered on property tax issues; there could be additional impacts. Special Joint Meeting Alameda City Council, Alameda Reuse 9 and Redevelopment Authority, and Community Improvement Commission February 19, 2008 Councilmember/Board Member/Commissioner deHaan stated the City is not at the point of considering a moratorium on spending yet. Vice Mayor/Board Member/Commissioner Tam stated the issue becomes a push pull situation regarding not filling positions; public safety overtime costs are expected to be $350,000; the work still needs to be done and the public needs to be provided with safety comfort; recognizing the obligation to protect the. health and safety of residents is important. Councilmember/Board Member/Commissioner deHaan stated that he hopes that the City does not get to that point [moratorium on spending]. Mayor/Chair Johnson stated the public needs to understand the situation; the City cannot run on a deficit budget; the situation is going to be longer term; choices are to increase revenues or determine what services are affordable; she wishes that there were more people here tonight; the budget needs to be balanced by $4 million in the next four months; the community will have serious choices to make. Councilmember/Board Member/Commissioner Matarrese moved approval of the staff recommendation. Councilmember/Board Member/Commissioner Matarrese inquired whether a single-year budget could be done, to which the Finance Director responded a budget and a plan are done; the second year would not be adopted until next June. Councilmember/Board Member/Commissioner deHaan stated the real focus has been the General Fund; two-thirds of the budget is not being discussed tonight; redevelopment and transportation funds could be impacted. The Finance Director stated redevelopment funds could be impacted if assessed values decline due to the County Appeals Board grants appeals, which lead to less tax increment for redevelopment. Vice Mayor/Board Member/Commissioner Tam seconded the motion. Under discussion, Councilmember/Board Member/Commissioner deHaan stated that balancing is being done at the expense of the General Fund reserve. The Finance Director stated revenues were reduced by $4 million; expenditure reductions totaled $3 million; the difference will be Special Joint Meeting 1 Q Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission February 19, 2008 funded by the General Fund reserve; money that is not spent at the end of the year would go into the General Fund reserve. On the call for the question, the motion carried by unanimous voice vote - 5. X08- CCU Recommendation to accept the quarterly Sales Tax Report for the period ending September 30, 2007. The Finance Director gave a brief presentation. Mayor Johnson requested that sales tax figures be posted to the website; stated services are hurt by the fact that residents spend money outside of Alameda. The Finance Director stated the per-capita comparison can be posted to the website. Mayor Johnson questioned how much more money would be generated if Alameda had a per-capita similar to the City of Fremont. The Finance Director stated sales tax revenue would double and provide $4 million. Councilmember Gilmore stated $4 million is the amount of the gap. Mayor Johnson stated Development Services has enabled the City to stay even; the City will lose most of the auto sales tax. The Finance Director stated hopefully new businesses will replace the loss. Councilmember deHaan stated the third quarter had $1.3 million in sales tax revenue; the City is on the verge of bringing in more retail; the Alameda Towne Centre is approximately 60o filled; there will not be a lot of change; retail is taking the biggest [economic] hit; looking toward the future is important. The Finance Director stated the fourth quarter may be something entirely different. Councilmember Matarrese moved approval of the staff recommendation. Councilmember Gilmore seconded the motion, which carried by unanimous voice vote - 5. Special Joint Meeting 1 1 Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission February 19, 2Q08 ADJOURNMENT There being no further business, Mayor/Chair Johnson adjourned the Special Joint Meeting at 9:37 p.m. Respectfully submitted, Lara Weisiger, City Clerl~ Secretary, Community Improvement Commission The agenda for this meeting was posted in accordance with the Brown Act. Special Joint Meeting Alameda City Council, Alameda Reuse 1 2 and Redevelopment Authority, and Community 2mprovement Commission February 19, 2aa8 UNAPPRaVED MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- -FEBRUARY 19, 2008- -7:30 P.M. Mayor Johnson convened the Regular City Council Meeting at 7:48 p.m. Councilmember deHaan led the Pledge of Allegiance. ROLL CALL - Present: Councilmembers deHaan, Gilmore, Matarrese, Tam, and Mayor Johnson - 5. Absent: None. AGENDA CHANGES X08- ~ Mayor Johnson announced that the Special Orders of the Day items [paragraph nos. O8- 08- and 08- ] and the Resolution of Appointment [paragraph no. 08- ] would be heard before the Special Joint Meeting. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS X08- ~ Presentation of Resolution from Senator Perata and Assemblymember Swanson recognizing Alameda Power and Telecom SAP&T 7 . Rachel Weinstein, District Director of the Offices of Senate President Pro Tem Don Perata, and Carol Jones, District Director of the Offices of Assemblymember Sandre Swanson, read and presented the proclamation to Council. Ann McCormick, Public Utilities Board Chair, stated AP&T appreciates the recognition. X08- 7 Proclamation commending NRC Environmental Services, Inc. for the assistance provided in the clean-up of the oil spill in the San Francisco Bay. Mayor Johnson read and presented the proclamation to Todd Roloff and Kevin Krause with NRC Environmental Services, Inc. Councilmember deHaan inquired whether NRC Environmental Services was the central staging location for the entire Bay Area. Mr. Roloff responded in the affirmative; stated over 500 people worked on the clean-up. (08- ~ Proclamation declaring March 7 through April 19, 2008 as the period for the first "Across the Pages: an Alameda Community Regular Meeting Alameda City Council 1 February 19, X008 Reads" Program. Mayor Johnson read and presented the proclamation to Annemarie Meyer, Supervising Librarian -- Adult Services. Ms. Meyer presented books to Council. REGULAR AGENDA ITEM (OS- ~ Resolution No. 14184, "Appointing Ching-Ching Ganley as a Member of the Housing Commission," Adopted. Councilmember Matarrese moved adoption of the resolution. Councilmember Gilmore seconded the motion, which carried by unanimous voice vote - 5. The City Clerk administered the Oath and presented a certificate of appointment to Ms. Ganley. *~* Mayor Johnson called a recess at 8:00 p.m. to hold the Special Joint City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission Meeting and reconvened the Regular City Council meeting at 9:37 p.m. *** CONSENT CALENDAR Mayor Johnson announced that the Resolution Authorizing the Open Market Purchase [paragraph no. 08- ] was removed from the Consent Calendar for discussion. Vice Mayor Tam 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.] (*08- ~ Minutes of the Special City Council Meeting, the Special Joint City Council and Housing Authority Board of Commissioners Meeting, and the Regular City Council Meeting held on February 5, 2008; and the Special Joint City Council and Social Service Human Relations Board Meeting held on February 6, 2008. Approved. (*08~- 7 Ratified bills in the amount of $1, 504, 042.21. Regular Meeting Alameda City Cpuncil 2 February 19, 2006 ~*08- } Recommendation to accept the Quarterly Investment Report for the Period Ending December 31, 2007. Accepted. ~*OS- } Recommendation to accept the work of Gallagher & Burk for the repair and resurfacing of certain streets, Phase 27, No. P.W. 04-07-17. Accepted. ~*08- } Recommendation to adopt Plans and Specifications and authorize Call for Bids for bids for Janitorial Services in City buildings, No. P.W. O1-08-01. Accepted. ~*OS- } Recommendation to adopt Plans and Specifications and authorize Call for Bids for landscape maintenance of median strips and special areas, No. P. W. O1-OS-02. Accepted. ~*08- } Recommendation to accept the work of McNabb Construction, Inc. , for Godfrey Park Playfield Renovations, No. P.W. 03-07-06. Accepted. SOS- } Adoption of Resolution Authorizing the Open Market Purchase of One Hybrid Fire Command Vehicle from Gaod Chevrolet, Alameda, in an Amount Not to Exceed $50,160 and the Purchase of Ancillary Emergency and Support Equipment Through the Competitive Quote Process in an Amount Not to Exceed $51,750 for a Total Amount Not to Exceed $101,910. Not adopted. Councilmember deHaan inquired whether the vehicle is in its first production run, to which the Fire Chief responded in the affirmative. Councilmember deHaan stated the Tahoe Hybrid would replace a Suburban; requested an explanation of the Suburban's usage. The Fire Chief responded the Suburban is the one and only command vehicle used by the on-duty Division Chief; the vehicle is in service 24 hours a day, 365 days a year and is equipped as a command vehicle; the Division Chief is in command of incidents in the City and responds to all fires and incidents involving more than two units; the vehicle has all emergency equipment, such as warning lights and sirens, and a lot of communication equipment. Councilmember deHaan questioned the capacity need; stated the command vehicle has a higher percentage of communication equipment; the difference between the size of the vehicles is of concern. The Fire Chief responded the Tahoe Hybrid is smaller than the s~ ton Suburban; the Suburban is a longer, larger capacity vehicle than the ~ ton Tahoe which has a shorter, smaller storage capacity; the Regular Meeting Alameda City Council 3 February 19, 2008 size of the Suburban works better, however, a hybrid was selected to comply with City policies. Councilmember deHaan inquired whether the smaller capacity would be acceptable, to which the Fire Chief responded some of the equipment would be moved to other vehicles; the changes would be accommodated in the interest of moving into a hybrid. Councilmember deHaan inquired whether other hybrids were considered, to which he Fire Chief responded there are not any other large enough hybrid vehicles on the market. Vice Mayor Tam stated in the climate of belt tightening and cost containment, the vehicle is $12,000 more than originally budgeted; when comparing hybrids, purchasing a Toyota Highlander or Mercury Hybrid could save $12,000 and capacity would be very similar; inquired what is unique about the Tahoe Hybrid that cannot be accommodated by another less expensive hybrid. The Fire Chief responded all are considerably smaller than the Suburban and Tahoe. Vice Mayor Tam noted that the Tahoe gets 20 miles per gallon, while the Highlander gets closer to 30 miles per gallon. Councilmember Matarrese questioned whether the vehicle needs to be purchased now; inquired whether there is a back up vehicle which results in two command vehicles. The Fire Chief responded in the affirmative. Councilmember Matarrese inquired whether the vehicle is falling apart, to which the Fire Chief responded in the negative. Councilmember Matarrese inquired whether or not the vehicle carries fire-fighting equipment, to which the Fire Chief responded it does not. Councilmember Matarrese inquired what risk is run if the purchase is put off for a year. The Fire Chief responded the Suburban is a 1995 vehicle that was due for replacement in 2005; the purchase has been deferred for three years; the cost of a vehicle will increase next year; there is risk of the Suburban needing a mayor repair since it has 100,000 miles; repair could cost more than the vehicles sale value. Councilmember Matarrese stated the City does not have big calls 24- Regular Meeting Alameda City Council 4 February 19, 2006 7; inquired whether people use to the car to drive around. The Fire Chief responded in the negative; stated there are big calls 24-7; the vehicle is not used just to ride around; the Incident Commander uses the vehicle to go to Fire Stations to meet with Captains. In response to Councilmember Matarrese's inquiry regarding cargo capacity, Vice Mayor Tam stated the cargo capacity of the Tahoe is 109 cubic feet, while the Highlander is 94 cubic feet; the towing capacity differs greatly; inquired whether capacity is needed for communication equipment or engine size. The Fire Chief responded the vehicle is not needed for towing; cargo capacity is critical. Councilmember deHaan stated purchasing buying local; since the Toyota is built concern over government purchase of a almost the same capacity with greater whether the purchase could be deferred times for the budget. from Toyota would also be in the States, there is no foreign product; there is fuel efficiency; inquired because these are trying The Fire Chief responded funding is from the vehicle replacement fund; deferring the purchase compounds the problem because other vehicles are due for replacement next year. Councilmember deHaan stated the funding is from the General Fund. The City Manager stated equipment replacement funding ultimately comes from the General Fund; the vehicle was identified in the budget process as one that would be replaced; purchasing a Suburban was an option; staff came up with the hybrid recommendation, rather than replacing the vehicle with a Suburban. Mayor Johnson inquired whether the current equipment could be reused on the new vehicle. The Fire Chief responded some of the equipment will be transitioned over, such as the computer; most of the equipment has to be built for the vehicle, such as the light bars; Hated the current back up vehicle is a cargo van that the City got from the Navy; both vehicles are at their life's end. Councilmember Matarrese stated there would not be a discussion if the vehicle were a patrol car, ambulance or fire truck that goes and delivers direct service. Regular Meeting Alameda City Council 5 February 19, 2QQ8 The Fire Chief stated the vehicle does so; the Incident Commander must get to the scene. Councilmember Matarrese stated Council is seeking alternatives ways that are cheaper; inquired what risks are run if the purchase is deferred for a year. The Fire Chief responded the cost remains next year and becomes compounded with the purchase of other vehicles; the cost will be greater next year; the Suburban has 100,000 miles and could require expensive repair. Councilmember Gilmore stated the Tahoe has not been put into service for the intended use; the staff report indicates the vehicle has been tested; inquired what type of testing has been done. The Fire Chief responded street tests have been done by consumer groups, but have not been specific to fire service use. Councilmember Gilmore stated some equipment will not be on the new vehicle; inquired what is the minimum capacity needed for the new vehicle and whether the capacity could be met by other hybrids. The Fire Chief responded the Highlander was not considered, but could be reviewed; that he is not aware of other fire departments using Highlanders; both the Suburban and Tahoe are used for fire service and stand up to the required type of service. Councilmember Gilmore inquired whether only the makes currently used in fire service were reviewed, rather than reviewing all hybrids. The Fire Chief responded in the affirmative; stated that he does not know whether the cargo capacity configuration of the other hybrids would meet the Fire Department's needs. The City Manager stated in order to receive the vehicle during the current fiscal year the City must complete the purchase by February 22; further research would preclude the vehicle from being purchased in the current fiscal year. Vice Mayor Tam stated the vehicle needs to be replaced, however, she is not convinced that the capacity of the Tahoe is needed; as technology improves, communication equipment becomes more compact and multifunctional; options should be explored. Mayor Johnson stated that she appreciates the staff effort to Regular Meeting Alameda City Council 6 February 19, 2008 purchase a hybrid; the vehicle will last 10 to 13 years and buying a strictly gas-powered vehicle would be a mistake. Councilmember Matarrese stated that he appreciates staff following the policy to move toward alternative vehicles where practical; he also appreciates the capacity information brought up by Vice Mayor Tam; Councilmember deHaan noted that the Tahoe is in the first year of production; the Toyota has been in production for several years; that he is leery of buying the first run off the production line. Councilmember Gilmore stated that she concurs with Councilmember Tam about the vehicle needing to be replaced; she is pleased staff spent time to select a hybrid; inquired how long the purchase would be pushed back, a calendar or fiscal year. The Fire Chief responded a calendar year. Councilmember Gilmore inquired whether the purchase of a different hybrid would have to be a special order; inquired whether the base vehicle is ordered and then equipment is added. The Fire Chief responded the vehicle is ordered from the dealer and a separate vendor adds the equipment. Councilmember Gilmore inquired whether the Tahoe is special order because it is new or if all Fire vehicles are special orders. The Fire Chief responded the department tries to purchase most vehicles off of the State bid; hybrids are very limited on the State bid; specifications, including breaking and suspension needs, are prepared for the purchase of all Fire vehicles; the specifications of other hybrid vehicles will be reviewed. Councilmember Gilmore inquired whether a Highlander would be purchased off the lot or special order, to which the Fire Chief responded it would probably be a special order. Councilmember Gilmore inquired the method used to purchase the Suburban to which the Fire Chief responded another department's bid was going to be used; the purchase would have been a special order. The City Manager outlined the processes used to purchase vehicles. Councilmember Gilmore inquired whether or not there is a forecast as to how long it could take to find a replacement vehicle if the window of opportunity is missed for the Tahoe. The Fire Chief responded the Suburban could be ordered anytime; the Regular Meeting Alameda City Council 7 February 19, 2006 Highlander needs to be researched. Mayor Johnson inquired what are the plans for the reserve vehicle, to which the Fire Chief responded the 1988 van would be considered surplus and sold once a new vehicle is purchased; the current Suburban would become the reserve vehicle. Councilmember deHaan stated that he is pleased the Highlander will be considered because it is 30o more fuel efficient, which would provide a real cost savings. Councilmember Gilmore inquired whether the Tahoe would have a special warranty or a regular, new car warranty, to which the Fire Chief responded a regular, new car warranty. Mayor Johnson stated adding $50,000 of equipment would be of concern in case the vehicle turned out to be a lemon. Councilmember deHaan stated that he is not sure whether the equipment will work on a Toyota; the information needs to be reviewed. Councilmember Matarrese moved approval of directing the City Manager to work with the Fire Chief and Public Works Director to explore alternatives to the Tahoe Hybrid, which include, but are not limited to, other vehicles in the same class, such as the Toyota Highlander and Fard Escape, and bring back a proposal. Councilmember deHaan stated considering longevity is important. Councilmember deHaan seconded the motion, which carried by unanimous voice vote - 5. Vice Mayor Tam noted that she was not trying to focus on the Toyota Highlander or take apart the issue, however, she wants to instill the message that the Council is very serious about cost containment and exploring all options. REGULAR AGENDA ITEMS SOS- ~ Recommendation to receive report on the Animal Shelter. The Police Chief gave a brief presentation. Mayor Johnson stated a past problem was people did not understand the policies and procedures; inquired whether the policies and procedures would be posted on the City's website and made available to the public. Regular Meeting Alameda City Council 8 February 19, X008 The Police Chief responded the suggestion could be reviewed; the policies and procedures are available at the Shelter; all volunteers that have gone through the training will have reviewed the manual, have access to it and will be held accountable to the practices in place; a kiosk will be placed in the Library to help with adoptions and further information sharing. Mayor Johnson stated more information should be on the website; inquired whether pictures of lost animals would be posted on a website. The Police Chief responded pictures are on a website now. Vice Mayor Tam stated private donations were received to install a closed circuit television system which will increase security and site monitoring; inquired whether the kiosk at the library would tie into the closed circuit system to allow people to see animals at the shelter in real time. The Police Chief responded in the negative; stated the security system is for staff to monitor volunteer activities and help with break ins; the kiosk at the Library is a marketing tool to allow people to see animals that are available. Vice Mayor Tam inquired about the management software, to which the Police Chief responded the software would automate management and reporting, which was previously done via card file. Councilmember deHaan stated the dog walking issue became more important; inquired whether hiring the volunteer coordinator has brought the appropriate level recommended by the Humane Society; inquired whether dogs are being walked on a daily basis. The Police Chief responded more volunteers are always being sought; dogs are being walked regularly; there are a number of issues, such as quarantined dogs cannot be walked; dogs available to walk have been walked all but three days this year. Councilmember deHaan stated the review makes a better overall operation. Councilmember Matarrese moved approval of accepting the report. Councilmember deHaan seconded the motion, which carried by unanimous vote - 5. X08- } Resolution No. 14185, "Opposing the Governor's Proposed Regular Meeting Alameda City Council February 19, 2006 Reductions in Funding for Schools." Adopted. The Deputy City Manager gave a brief presentation. Councilmember Matarrese inquired the date that the School District has to notify its employees, to which the Deputy City Manager responded March 15. Councilmember Matarrese stated the District has to give notices before knowing its budget situation; it is important that the Council weigh in on the issue and send a message as a governing body; the health of City is dependent on the health the School District in some ways. Vice Mayor Tam stated Council should oppose any funding cuts; the School District is having an advocacy day on February 27 and is requesting the support of elected officials. Councilmember deHaan stated the Superintendent sent a letter outlining a myriad of cuts; the quality of schools is one thing that brings people to Alameda; the Superintendent is proposing an emergency parcel tax; the district tried not to go to the voters for the last two years. Councilmember Matarrese moved adoption of the resolution. Vice Mayor Tam seconded the motion. Under discussion, Mayor Johnson stated the letter should include examples the School District cuts over the last two years; last year, the middle school athletics program was cut citywide; that she does not know where $4 million in cuts will be found. Councilmember Matarrese stated the School Board reviewed closing a middle school and an elementary school and moving the Island High campus; effectively closing three schools and the layoff of around 50 teachers only cuts $2.3 million from the budget. Mayor Johnson stated examples like that make what School Districts are facing more real. Councilmember deHaan stated the Council and School District had a joint session last year; the City spends around $700,000 to support the schools; the City does many things to support schools; the City is dealing with its own economic concerns, but has not jeopardized programs, such as crossing guards. On the call for the question, the motion carried by unanimous voice Regular Meeting Alameda City Council 1 0 February 19, 2008 vote - 5. ORAL COMMUNICATIONS, NON-AGENDA X08- } Bill Smith discussed smoking regulations. X08-- } Ken Peterson, Alameda, submitted a letter; discussed issues facing the world. COUNCIL REFERRALS None. COUNCIL COMMUNICATIONS X08- } Consideration of Mayor's nominations for appointment to the Recreation and Park Commission. Continued. X08- } Councilmember Gilmore stated that she and Vice Mayor Tam attended a memorial service for Ikhinkhorloo "Iko" Bayarsaikhan yesterday at Washington Park; a number of Police Officers and various City Department Heads attended the ceremony; a taken of the family's gratitude was presented. Vice Mayor Tam stated the ceremony was for a bench dedication and plaque presentation in celebration of Ika's sixteenth birthday. Councilmember Gilmore and Vice Mayor Tam unveiled the art. Mayor Johnson requested that the City prepare a plaque explaining the art. X08- } Councilmember Matarrese noted the passing of Lois Hanna; stated Ms. Hanna was a staunch believer in the new Main Library. ADJOURNMENT ~08~- } There being no further business, Mayor Johnson adjourned the Regular Meeting at 10:41 p.m, in a moment of silence in honor of Lois Hanna. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Council 1 1 February 19, 2008 February 28, 2008 Honorable Mayor and Councilmembers: This is to certifiy that the claims listed on the check register and shown below have been approved by the proper officials and, in m,y opinion, represent fair and just charges against the City in accordance with their respective amounts as indicated thereon. Check Numbers ~ Amount 207073 - 24741 B $3, 008, 869.42 EFT 48fi $38,794.41 EFT 487 . $48,124.44 EFT 488 $11,244.50 EFT 489 $42,390.92 EFT 490 $50,541.98 EFT 491 $381,518.30 EFT 492 $392, 346.21 EFT 493 $396.54 EFT 494 $996,715.33 EFT 495 $289,236.95 EFT 496 $327,277.22 EFT 497 $493,697.68 EFT 498 $37,867.27 EFT 499 $337,004.19 Void Checks: 206044 ($300.00) 206584 ($1,350.00) 206610 ($597.99) 206644 ($76.00) 206647 ($58.00) 206648 ($597.99) 206664 ($510.00) 206667 ($76.00) 206668 ($393.08) 206700 ($95.00) G RAN D TOTAL $6,452, 067.2fi Respectfiully submitted, Pamela J. Sible BILLS #4-B Council Warrants 03144/08 314I2DD8 CITY ~F ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Debra Kurita City Manager Date: March 4, 2448 Re: Approve Amendments to Existing Professional Services Agreements with Lamphier-Gregory and Harsch investment Realty for the Evaluation of Potential Environmental Impacts Associated with the Proposed Ex ansion of Alameda Towne Centre BACKGRGUND an March 2S, 2005, the City entered into a CitylDeveloper agreement with the owner of South Shore Center currently known as Alameda Towne Centre}, Harsch Investment Realty, LLC, for professional services. The agreement authorized the City to retain other consultants, including Lamphier-Gregory, to prepare environmental and traffic studies associated with the proposed expansion of Alameda Towne Centre. As required under the terms of the CitylDeveloper agreement, Harsch Investment remitted $76,ODD to the City to cover the cost of this work. On March 28, 2006, this agreement was extended for an additional year and amended to cover the cost of City stafftime and materials, and to include additional tasks, such as visual simulations, traffic analysis, and the preparation of a Draft Environmental Impact Report ~DElR}. As required under this First Amendment, the developer remitted an additional $55,255 to the City. A Second Amendment to the agreement was approved by the City Council an February 20, 2oD7, to complete the Final EIR and to conduct additional traffic analysis, which required the developer to deposit an additional $84,196 with the City. DISCUSSIGN Third Amendments to the CitylDeveloper agreement with Harsch Investment Realty and correspondingly, to the City's agreement with Lamphier-Gregory, are required to complete the Final EIR due to unanticipated delays and a change in the project description. These amendments, which are on file in the City Clerk's Gffice, will extend the contracts for one year and require the developer, Harsch Investment Realty, to provide additional funds totaling $29,950 to the City to cover the cost of completing the environmental evaluation of the proposed expansion. City Council Agenda Item #4-C 43-04.08 Honorable Mayor and March 4, BOOS Members of the City Council Page 2 of 2 BUDGET CGNSIDERATIGNIFINANCIALlMPACT As outlined in the CitylDeveloper Agreement and subsequent amendments, the developer shall pay the cost of completing the tasks in the scope of work. No General Fund monies are being requested. RECGMMENDATIDN Approve amendments to existing professional services agreements with Lamphier- Gregory and Harsch Investment Realty for the evaluation of potential environmental impacts associated with the proposed expansion of Alameda Towne Centre. Respectfully submitted, Cathy bury Planni Building Directo o~glas Garrison Supervising Planner cc: Harsch Investment Realty, 523 West Piaza, Alameda Towne Centre, Alameda, CA 94541 C[TY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Debra Kurita City Manager Date: March 4, 2468 Re: Allocate $866,522 from Fleet Industrial Supply Center Catellus Traffic Mitigation Fund No. 314.1 far the Construction of Bayport Traffic Mitigation Improvements at Ralph Appezzato Memorial Parkway and Webster Street and Constitution way and Mariner Square Drive BACKGRGUND Gatellus Development Corporation Catellus} was selected as the Master Developer for the East HousinglFleet Industrial Supply Center ~"FISC"} mixed-use development in 2aoo. Pursuant to the Disposition and Development Agreement ~DDA}, Development Agreement, Joint Implementation Agreement, and Construction Reimbursement Agreement between Catellus, the City, and Community improvement Commission CIC} for the Bayport Project, Catellus Construction Company ~"CCC"} serves as the General Contractor for the CIC. All work performed by CCC on behalf of the C1C is subject to a Project Labor Agreement. Pursuant to the DDA, the CIC is responsible for demolition and construction of public backbone infrastructure improvements. The C!C is also responsible for implementing certain local traffic mitigation improvements. The two off-site traffic mitigation improvements that the CIG is responsible for implementing on behalf of the City are intersection improvements at Ralph Appezzato Memorial Parkway and Webster Street Catellus ElR Traffic Mitigation TC6a-c}, and Constitution Way and Mariner Square Drive Catellus EIR Traffic Mitigation TC5}. Upon completion, these improvements will enhance the flow and control of traffic and increase pedestrian safety at these intersections. Both projects have been competitively bid based on plans and specifications approved by the Public Works Department and permits from Planning and Building, These two projects were bid in September 2041 and due in November 2007. McGuire and Hester was selected as the lowest qualified of four bidders in January 2448. Construction is expected to commence in late March and be completed in late May 2048. City Council Agenda item #4-D 03-o4.os Honorable Mayor and Members of the City Council DISCUSSION March 4, 20a8 Page 2 of 3 In 2003, based on the final Catellus Mixed Use E1R, a traffic circulation trip share model was developed to pay for the required traffic mitigations. A total of $2,674 was assessed for each residential unit at Bayport. The last building permit for Bayport was pulled in September 2001, and the CIC, pursuant to the DDA, has paid a total of $1,296,890 into the FISC Catellus Traffic Mitigation Fund No. 310,1. These fees have been paid from land sales proceeds, residential profit participation, and tax increment revenues generated from the Bayport Project. The cost of the intersection improvements at Ralph Appezzato Memorial Parkway and Vvebster Street and Constitution Way and Mariner Square Drive is $808,159. The original allocation was $550,522. The estimated total project cost is itemized as follows: Project Allocation $860,522 Design & Engineering Actual} $110,187 Construction Base Bid} $518,200 Controller E ui ment b Public Works $14,360 Subtotal $102,141 Contin enc 15% $105,412 Total $808,159 Remaining Project Balance 52,363 The remaining project allocation of $52,363, along with any unused contingency, will be available for other Bayport traffic mitigation projects. BUDGET CONSIDERATION/FINANCIAL IMPACT The cost of this project is included in the CatelluslBayport Project Budget approved by the CIC and City Council in April 2005, This project will be funded from traffic mitigations fees collected from the Project. There are sufficient f unds available for this request, No General Funds will be used. MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE Plans and specifications were prepared and implemented in accordance with the City and Caftrans standards. ENVIRONMENTAL REVIEW No additional CEQA review is required. This project is a required mitigation for the completion of the Bayport Housing Development. Honorable Mayor and March 4, 2008 Members of the City Council Page 3 of 3 REC~MMENDATI4N Approve the allocation of $860,52 from FISC Catellus Traffic Mitigation Fund No. 310.1 for the Construction of Bayport Traffic Mitigation Improvements at Ralph Appezzato Memorial Parkway and Webster Street and Constitution Way and Mariner Square Drive. Respec full ubmitted, By; ebbie otter Base Reuse & Communi~v H i ,~ / .. ~/.. , Development Services Director Dy,~gla~ coley - f~edevelopment Manager Development Manager LAUDP/DC:mlf CITY ~F ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Debra Kurita City Manager Date: March 4, 2008 Re: Adopt a Resolution Approving the Power Purchase Agreement Between Northern California Power Agency and Western GeoPower, lnc., for the Purchase of Power from a New Geothermal Power Plant at a Fixed Price of $98lMWh over An initial 20-year Term and Authorize the General Manager to Execute the Third Phase Agreement for Members of NCPA to Participate in the Proposed Project BACKGRGUND At its February 25, 2005, meeting, the Public Utilities Board the Board} approved a renewable energy power purchase agreement PPA} between the Northern California Power Agency NCPA} and Western GeoPower, Inc., WGI} for a proposed geothermal plant. At the same meeting, the Board authorized the General Manager to execute the Third Phase Agreement for members of NCPA to participate in the proposed project. The project will be built in the Geysers Geothermal Field in Sonoma and Lake Counties. Since the term for this PPA exceeds 15 years, the agreement must be ratified by the City Council as required by the City Charter. DISCUSSIGN WGI, a geothermal project development company, plans to construct, own, operate and maintain a new geothermal generating facility in the Geysers Geothermal Field located in the Mayacamas Mountains. The completed project is expected to have a generating capacity of 25.5-33.5 net Megawatts BMW} and be operational by 2410-11. The new plant will operate as a baseload generating facility. WGI is a California corporation that is wholly owned by parent Western GeoPower, Corp., a Canadian corporation. The NCPA Commission formally approved the PPA and the Third Phase Agreement for the project by resolution at its February 25, 2008, meeting. City Council Agenda Item #4-E 03-o4-oa Honorable Mayor and March 4, 2008 Members of the City Council Page 2 of 5 Alameda Power & Telecom's Alameda P&T} percentage allocation of the project is expected to be 4.10% ifi all NCPA participants remain. This would result in approximately one. MvV of powerfrom a 25 Mvv plant. If some NCPA members choose not to participate, Alameda's participation share could increase to a maximum of 8.0%, or about two MvV. As discussed in Alameda P&T's Administrative Report No. 2008-038 discussing power supply alternatives to meet Alameda's growing electricity needs, the city will be short of energy beginning in 2011. This short position is forecast to grow to 95 Gigawatt-hours ~GVVh} in 2015 when an existing supply contract expires. By 2020 this residual need is expected to increase to 126 GvVh. vtilhen operational, vVGI's new geothermal power plant will provide Alameda with l.9 Gvllh of clean baseload energy on a yearly basis from 2010-11 through 2029-30. This annual amount represents 1.8°/° of the city's forecasted electric load in FY 2010 estimated at 443.9 Gvtilh} when the project comes online. If approved, this renewable energy PPA will increase the proportion of clean renewable energy serving the City's electric load. The major provisions of the PPA and the Third Phase agreement, both of which are on file in the City Clerk's office, are described below. The Renewable Energy Power Purchase Agreement The PPA is a two-party agreement between NCPA and vti1Gl. Key provisions of the PPA include: E~qv Price: $981MV1Jh. The contract is a "take-and-pay" PPA, meaning that NCPA is obligated to pay WGI only for the amount of energy that is actually delivered. The energy price is fixed; there is no price escalator included in the contract for the 20 year term of the contract. Contract Term: The initial term of the contract is 20 years from the date of commercial operation. However, NCPA is authorized to pursue an extension of the PPA for up to 40 years total as discussed below under the Third Phase Agreement. If the contract term is extended, a new energy price may be negotiated. Purchase and Sale of Gutput: NCPA will own all of the energy, capacity, and environmental attributes from the facility. Environmental attributes include any credits, emissions reductions, such as C42, methane, and other greenhouse gasses and offsets attributable from the geothermal plant. California Renewable Por#folio, Standard Eligibility: vllGl will certify the facility with the California Energy Commission as an eligible renewable resource under the state's Renewable Po~folio Standard program. The company will also ensure that the plant maintains its eligible renewable resource status throughout the term of the PPA. Honorable Mayor and Members of the City Council March 4, 2008 Page 3 of 5 Right ofi First Refusal to Purchase output of Future Plant Expansion: In the event WGI decides to ex and the enerating capacity of the plant in the future, NCPA p g shall have the right of first refusal to purchase the additional output at a negotiated price. Performance Guaranties: In the event WGI fails to meet its contractual energy deliverability obligations, 11vG1 is obligated to pay NCPA shortfall damages calculated on a monthly basis. Transmission and Schedulin Res onsibilities: IIVGI will, at its own cost and expense, negotiate and enter into any necessary agreements to secure transmission services and transmission access in order to delivery energy to NCPA. The delivery point for the plant output is located approximately 10 miles from the plant at the Cloverdale Substation. Construction Milestones: The PPA specifies certain construction milestones for the facility. As a result of the take-and-pay nature of the contract, NCPA did not pursue imposing significant penalties for not achieving the milestones. Instead, penalties are set at $1 per day. The Third Phase Agreement Whereas the proposed PPA is a two-party agreement to be executed by NCPA and WGI, the proposed Third Phase Agreement is a multi-party agreement among NCPA and each of its members who wish to participate in the geothermal project. The Third Phase Agreement is similar to previous agreements executed by NCPA and its members for other projects and PPAs. Key provisions of this agreement are summarized below. Contract Term: The initial 20-year term of the PPA may be extended with four five-year options. These extensions could extend the contract term to a maximum of 40 years. Allocation of Energy and Associated Environmental Attributes: Any electricity delivered to NCPA from the WGI geothermal project will be allocated to participating NCPA members based on their respective participation percentage. Alameda P&T's participation percentage is currently specified at 4,10°/0. The environmental attributes associated with the electricity are likewise allocated to each participating member by their respective participation percentage. Pa ment Gbli ations & Invoicin :Each participant will be billed monthly by NCPA for its proportionate share of the estimated project costs. At the end of each NCPA Budget Year, NCPA will compare each participant's payment of estimated project costs with the actual costs incurred and then true-up any overpayments or underpayments. The agreement also calls for each member to maintain a security account for this PPA funded at an amount equal to the highest three months of estimated project costs over a rolling 12-month period. Honorable Mayor and Members of the City Council March 4, 2008 Page 4 of 5 Withdrawal Provisions: Participating members are prohibited from unilaterally withdrawing from the Third Phase Agreement and the PPA. However, the agreement notes that NCPA will "use its best efforts" to transfer a participant's project share to another NCPA participant orto another party, upon request. Cost-Effectiveness The $981MWh price forthis project is comparable to the energy price of other renewable resources based on information from NCPA, and is consistent with other recently received renewable resource bids. Furthermore, the contract price matches the Market Price Referent ~MPR} of $98.401MWh adopted by the California Public Utilities Commission ~CPUC} for determining the reasonableness of Investor Gwned Utility ~14U} renewable energy purchases under the state's Renewable Portfolio Standard program. Therefore, at this contract price the WGI project would be deemed reasonable if an IaU submitted it for CPUC approval. Although the contract cost is slightly higher than some other alternative generating resources recently discussed with the Public Utilities Board, the proposed project is far less speculative than those alternatives in terms of both price and certainty of being built. BUDGET CONSIDERATION I FINANCIAL IMPACT Given the "take-and-pay" form of contract, and because the project is not expected to be operational until 2010-11, there is little fiscal impact until NCPA members start receiving energy from the plant. Prior to the expected operational date, NCPA staff will develop a budget for approval by the project participants covering the relatively minor pre-development cost. This budget may augment the current NCPA budget and will be included in next year's budget. Upon commercial operation, Alameda's share of the project's annual energy costs is expected to be about $173,000 based on the City's 4.10°/° allocation of the plant's output and assuming a 25MW plant and a 90% capacity factor. MUNICIPAL CODEIPOLICY DOCUMENT CRASS REFERENCE This action does not affect the Municipal Code. This action will assist in meeting the goals of the City of Alameda's Local Action Pian for Climate Protection. ENVIRONMENTAL REVIEW All environmental review and CEC~A compliance will be completed by WGI, as required. Honorable Mayor and Members of the City Council RECGMMENDATIaN March 4, 2008 Page 5 of 5 Adopt a Resolution Approving the Power Purchase Agreement between Northern California Power Agency and Western GeoPower, Inc., for the Purchase of Power from a New Geothermal Power Plant at a Fixed Price of $981MWh over an Initial 20~year Term and Authorize the General Manager to Execute the Third Phase Agreement for Members of NCPA to Participate in the Proposed Project. Respectfully submitted, Irish Balachandran General Manager Alameda Power & Telecom I By: Brad Wetstone Utility Analyst Cc: Public Utilities Board CITY OF ALAMEDA RESOLUTION N0. E 0 a 0 a a APPROVING THE POWER PURCHASE AGREEMENT BETWEEN NORTHERN CALIFORNIA POWER AGENCY AND WESTERN GEOPOWER, INC., FOR THE PURCHASE OF POWER FROM A NEW GEOTHERMAL POWER PLANT AT A FIXED PRICE OF $981MWh OVER AN INITIAL 20-YEAR TERM AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE THE THIRD PHASE AGREEMENT FOR MEMBERS OF NCPATO PARTICIPATE IN THE PROPOSED PROJECT a WHEREAS, the Northern California Power Agency NCPA} has ne otiated a ~, 9 ~, renewable energy Power Purchase Agreement with Western GeoPower, Inc., to purchase the entire project output from a new geothermal project located in the Geysers Geothermal Field in the Mayacamas Mountains of Sonoma and Lake Counties in the State of California; and WHEREAS, NCPA, under the terms of the Power Purchase Agreement and on behalf of its members including Alameda Power & Telecom, would purchase the plant output far an initial period of 20-years with 4 negotiable option terms of 5 ears Y each; and WHEREAS, NCPA has developed a Third Phase Agreement between NCPA and participating members establishing rights and obligations, includin ri hts to .. g g take delivery of electricity from the new power plant and obligations for members to pay NCPA for such energy deliveries; and WHEREAS, Alameda Power & Telecom staff has evaluated the project and .. j concluded that the specified contract price is economical and that Alameda's ro'ect . pJ allacat~on will help meet the electric loads of the city in a timely, reliable and environmentally beneficial manner; and WHEREAS, the Alameda Public Utilities Board has reviewed and a roved pp this Purchase Power Agreement and Third Phase Agreement and recommends that the City Council ratify its action. NOW, THEREFORE, BE IT RESOLVED by the Council of the Cit of Y Alameda that: ~. The Council ratifies the action of the Public Utilities Board approvin : i the g ~} renewable energy Power Purchase Agreement between NCPA and Western GeoPower, Inc., and iii} the Third Phase Agreement between NCPA and its participating members. 2. The General Manager of Alameda Power & Telecom is authorized to execute the Third Phase Agreement without material change. *~*** Resolution # 4-E CC 03-~4-08 I, the undersigned, hereby certify that the foregoing Resolution was dul and y regularly adapted and passed by the Council of the City of Alameda in a re ular . 9 meeting assembled on the 4th day of March, 2048, by the following vote to wit: AYES: NOES: ABSENT: ABSENTI~NS: IN UVITNESS, vVHERE4F, I have hereunto set my hand and affixed the official seal of said City this day of March, 2008. Lara ~llleisiger, City Clerk City of Alameda CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Debra Kurita City Manager Date: March 4, 2008 Re: Uphold the Transportation Commission's Decision to Install Parking Restrictions at the Existing Westbound Bus Stop on the Northerly Side of Encinal Avenue at the Intersection of Mound Street BACKGROUND The City Council has directed staff to implement parking restrictions at al! bus stops in the City of Alameda to provide unobstructed curbside accessforbusesto pull fullytothe curb. This will improve passengers' boarding and alighting as wel! as enhance traffic circulation since buses will be out of the travel lanes when loading or unloading passengers. There areseveralbus stops on Encinal Avenue whereaddltional parking restrictionsare required to implement the City Council's directive. On December ~ 2, 2001, the Transportation Commission ETC}approved parking restrictions at the existing bus stops on Encinal Avenue at Mound Street ~eastbvund and westbound}, Encinal Avenue at Fountain Street ~westbvund only}, and Encinal Avenue at High Street eastbound only}. A map of the locations of these existing bus stops is shown in Attachment ~. Mr. Mark Bets, a resident at X300 Mound Street, has appealed the TC's decision to install parking restrictions for the westbound bus stop on Encinal Avenue at Mound Street and has requested that the existing bus stop be relocated. DISCUSSION Three AC Transit routes serve the bus stop on Encinal Avenue at Mound Street. They are: the 63, which operates from 5:00 AM to midnight, seven days a week; the OX Transbay, which operates onlyduring theAM peaktimes, 5:45-8:30 AM, Mondaythrough Friday; and the 63~ school route, which operates three buses during the morning, 1:30-8:30 AM, Monday through Friday. Bus stops for each route are indicated on Attachment ~ . The appellant requests the City Council overturn the decision of the TC based on several considerations which are described below, followed by staff analysis of each point. Basis forA eal ~: Noise and fumes enerated b buses "The noise and fumes of the buses come into our bedroom windows. Our bedrooms face Encinal Avenue and are seven feet from the curb. The fumes have caused headaches and illness in ourfamily. Our front door is five feetfrom the curb." City Council Agenda item #5-A 03-o4.os Honorable Mayor and March 4, 2048 Members of the City Council Page 2 of 4 Staff Analysis: The bus sfop on Encina! A venue of Mound Sfreef is an existing sfop. The proposed parking restrictions would not result in any change fo bus service operations at fhe intersection either in terms of the sfop location or the number of buses on the route. With regard fo fumes and noise, A C Transit is continually modernizing their bus fleet by purchasing quieter buses and deploying alternative fuel vehicles. To reduce pollutants, AC Transit is installing particulate (raps on a!! of their older buses, purchasing newer cleaner vehicles, and using cleaner burning fuel. According to A C Transit, they have successfully reduced particulate matter emissions by 95 percent over the last fen years. !n addition, A C Transit hydrocarbon and carbon monoxide emissions nave been reduced by up fo 90 percent. Basis for A eal 2: Im act on Availabilit of Cn-Street Parkin "To eliminate spaces would cause us to park at the church, or even furtherfrom our home. There are nine houses an our side of Mound Street with each home owning two to three cars, parking is almost impossible now. Cppositeourhome, the street is more accessible for the bus..." Staff Analysis: Staff conducted four visits to the site at varying times of the day and different days of the week to determine the parking demand in the area. !t was determined that there was a range of 74 fo 35 on-street parking spaces available wifhin one block of the intersection of Encina! Avenue of Mound Sfreef. The results from These field reviews are summarized r'n the following fable. SUMMARY ~F ~N-STREET PARKING AVAILABlL1TY Date Day of Week Time of Day Available On-Street Parking S aces within one Block 1122108 Tuesda 3:00 PM 2l 1123108 wednesda 9:30 AM 35 1123108 wednesda 9:44 PM 18 2117108 Sunda 9:30 PM 14 * Note: Vehicles parked at proposed red curb locations were subtracted from the numberaf available spaces. Basis for A eal 3: The Bus Sto Location Should be Relocated to Court Street: "Court Street home has windows set further in than ours, parking isn't utilized like ours." Staff Analysis: As part of the evaluation of the installation of parking restrr'cfions at fhe existing bus stops, staff looked of optr"ons fhaf could reduce the Iota!number of on-sfreef parking spaces lost r'n the area. This included a proposal to consolidate the existing bus stops at the intersections of Encina! Avenue of Mound Sfreef, Fountain Sfreef, and High Sfreef, and installing new sfops at the intersection of Encina! Avenue at Court Sfreef. However, staff received comments from 16 residents opposing the proposed relocation of Honorable Mayor and March 4, 2008 Members of the City Council Page 3 of 4 the stops, including the pastor and members of the Alameda Christian Reform Church, located at the intersection of Encinal A venue at Gourt Street, transit riders, and property owners in the vicinity of the proposed location. The reasons cited for the opposition to the relocation of the stops, include: ~) the impact of the on-street parking removal on the Alameda Christian Reform Church, which has no off-street parking; 2) tfae impact associated with locating the stop close to a disabled child who leas an extreme sensitivity to sound, as well as asthma and pulmonary problems; and 3) the new stop locations would require many riders of the oX Transbay fo walk a greater distance to access the bus. Given these considerations, and that no concerns about the current bus stops have been voiced by transit users, staff recommended maintaining the existing stops and implementing the parking restrictions at those locations. In regard to the availability of on- streetparking, staff's freld observations indicate that the number of available spaces within one block of the intersection of Encinal Avenue at Mound Street was comparable to the number of spaces observed in the vicinity of the intersection of Encinal Avenue at Court Street. Summa Since the bus stop currently exists; no changes to bus operations are proposed; ACTransit has and is actively working to reduce pollutants and noise from buses; the feedback received from residents and bus riders supports retaining this location; and adequate on- street parking is available in the immediate vicinity; staff supports the TC's decision to implement parking restrictions at this location. In addition, the existing bus stop locations meet the TC's recommended guidelines for spacing between bus stops. BUDGET CCNSIDERATI~NIFINANCIAL IMPACT The cost of implementing the parking restrictions at the bus stop at the northeast corner of the intersection of Encinal Avenue at Mound Street is estimated to be $600. These activities are considered maintenance and are programmed in the Public vllorks Department's budget. MUNICIPAL C~DEIPGLICY DOCUMENT CROSS REFERENCE Appeals of TC decisions are to be reviewed by the City Council per AMC Section 2-B.G. The proposed installation of parking restrictions at the bus stops is in support of the City's Long-Range Transit Plan and adopted "Transit First" policy. Honorable Mayor and Members of the City Council REC~MMENDATI~N March 4, 2008 Page 4 of 4 Uphold the TC's decision to install parking restrictions at the existing westbound bus stop on the northerly side of Encina! Avenue at the intersection of Mound Street. Respectfully submitted, atthew T. Naclerio Public Works Director ~~-~ ~~ By: Barry Bergman~ Transportation Ct~ord~tor MTN:BB:gc Attachment: ~. Vicinity Map with Bus Stop Locations i-~ GQ .~ Qa i~ '~ "~ v a a~ a~ a~ a~ A .,.., v W 0 a 0 a~ .,.., .~ W City Council Attachment to Agenda item #5-A D3-04-~8 CITY nF ALAI~EDA Memorandum To: Honorable Mayor and Members ofthe City Council From; Donna Mooney Senior Assistant City Attorney Date: March 4, 2008 Re: Request .Placement of a Ba[iot Measure Resolution Regardin g Nonsubstantive Changes to the City Charter on a City Council Agenda No Later than July ~ 5, 2008, and Prioritize and Provide Direction on Future Substantive Chan es BACKGROUND A Council workshop was held December 5, 2007, to discuss potential changes to the City Charter and receive an update from the City Charter subcommittee. The subcommittee and staff continued their work and now wish to present to Council a list of revisions to the City Charter. Some of the revisions are nonsubstantive, and if approved by voters would essentially clean up language and harmonize provisions without changing the structure of government or increasing costs. They are grouped so that they would appear in one ballot measure. ether possible changes are substantive and for that reason would appear separate from each other if advanced to the ballot. Each substantive potential revision is explained below. The final category consists of potential revisions that came to the attention of the subcommittee after Council workshop, and are included here for preliminary discussion. DISCUSSION Nonsubstantive Revisions As you know, the Charter may be amended only by a vote of the people, Nonsubstantive changes may be grouped together in one ballot measure. Attached to the report you will find a drafit resolution listing all of the nonsubstantive changes that the subcommittee anticipates would be presented in one single measure. There are mare than 20 nonsubstantive chan es, 9 addressing aspects such as eliminating the list of outdated salary minimums for the City Clerk, City Manager, and City Attorney, adding a provision that allows us to change all single-gender references of "his" to the inclusive "his or her," and providing flexibility for scheduling Council meetings. The changes also City Council Agenda Item #5-B 03-04-08 Honorable Mayor and Members of the City Council March 4, 2008 Page 2 of 5 harmonize provisions that refer to andlor define City "officers," eliminates a historic practice of obtaining bonds to guarantee the performance of individuals holding City positions, and deletes a reference to the nonexistent "Police Secret Fund." Substantive Revisions The subcommittee identified eight substantive changes as follows, in the order they appear in the Charter: 1. The Mayor's compensation, at Charter Sec. 2-1.1, presently is set in the amount of $200 per month in addition to Council pay of $50 per meeting. There are at least three approaches that could be taken to provide for an increase. As one example, any dollar amount could be stated. In the alternative, the provision could refer to the general law for Councilmember salary, which is based on population. As another example, the provision could be written to authorize Council to set the Mayor's compensation by ordinance, which is a method allowed for general law cities under Gov't Code Sec. 36516.1. 2. Council compensation is established in Charter Sec. 2-4, at $50 per meeting. There are at least two approaches that could be taken to increase the compensation. Any dollar amount could be stated in the Chatter. In the alternative, the Charter could refer to the general law for Councilmember salary, which is based on population. Cities with a population of more than 50,000 and up to 15,000 may pay up to $500 per month, and cities of 15,000 to 154,000 may pay up to $600, pursuant to Cal. Gov't Code Sec. 36516. General law cities, which do not have a charter, must establish council compensation by ordinance and are prohibited by state law from including an automatic future increase. In contrast, as a charter city the voters here could add language providing for an escalator. The language should also take into consideration Charter Sec. 22-9 regarding changes to an elec#ive officer's compensation during the term. 3. The formal bidding requirements in Charter Sec. 315 could be revised to allow staff to make purchases in an emergency without Council approval. The subcommittee discussed that a suitable definition of "emergency" can be taken from state law: "A sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services." fVote that presently the City Manager has authority to make purchases of up to $15,000 without Council approval. This revision would allow for purchases costing more than $15,000, and has been requested by the Public vvorks Director to enable responsiveness in an emergency. Honorable Mayor and Members ofthe City Council March 4, 2008 Page 3 of 5 For example, should a major sanitary pump fail, staff could promptly retain a contractor to pump, transport and properly dispose of sewage. In addition, immediate permanent repairs in the event of sewer cave-ins, and prompt response to sudden severe erosion caused by a very high tide would be enabled by this amendment, according to staff. 4. Article IV governs the elected position of Auditor. Staff has consulted with the incumbent regarding the language and drafted two revisions. An additional qualification of a Certified Public Accountant license has been inserted, and a reference to the obsolete practice of holding a bond has been deleted. An edited version of Article IV is attached to this report. 5. Article V governs the elected position of Treasurer. Staff consulted with the incumbent and drafted two changes. An additional qualification of a license as a Chartered Financial Analyst or Certified Financial Planner has been included. And, the duties of the Auditor have been rewritten to reflect the responsibility of an auditor in modern times, which is to recommend, monitor and report rather than simply having custody of City money. An edited version of Article V is attached to this report. 6. City owned public utilities established for the purpose of providing transportation are within the jurisdiction of the Public Utilities Board, under the present language of the Charter. This provision dates back many decades when surface transportation was provided. The word "transportation" would be eliminated. 7. The Charter does not contain language requiring contracts to be in writing. The subcommittee and staff discussed the legal advantage of such Charter language. Anew provision, Sec. 22-13, would require a written contract when the City must pay an amount equal or greater than an amount that would be set by Counci! ordinance. The provision would fur#her state that the City is not bound by any contract unless it complies wi#h the requirements of the Charter. A draft resolution that would forward the measure to the ballot is attached to this report to demonstrate how a substantive amendment would appear. 8. All members of City boards may be removed by the majority vote of Council, with one exception. Charter Sec. 28-5 provides that members of the Historical Advisory Board may be removed for three reasons. This provision would be eliminated to achieve consistenc amon ail boards. Y g New Etems far PreEiminary Discussion Five matters were identified after the Council workshop in December that the subcommittee is advancing for Council discussion: Honorable Mayor and Members of the City Council March 4, 200$ Page 4 of 5 • The subcommittee discussed the obsolete practice of requiring bonds for performance of individuals in City positions. Staff noted that the modern practice is to protect the City by carrying an insurance policy. Should Council propose to eliminate Charter references to bonds, Council may want to consider a measure amending the Charter to require the City to have the appropriate insurance. • Councilmember Matarrese submitted a proposed revision to Article VII that would require the appointment of department heads to be on the advice and consent of City Council. This would need to be harmonized with Art. VII Sec. 3, which addresses Councilmember influence on City Manager appointments. • The subcommittee~proposes to eliminate a provision in Article IX that subjects the appointment, discipline and removal of a deputy city clerk to the approval of Council. The deletion is for the purpose of consistency with other Charter provisions. • Councilmember deHaan seeks to amend Sec. 2-11 to read as follows: "Any incumbent of any elective Federal, State, County or local office shall be ineligible to hold any elective office or office of member of any board or commission created by the City Council or this Charter." • The City Manager proposes to amend Sec. 22-8 to provide far flexibility to close offices, for example, for two weeks during winter holidays. Sec. 22-5 presently requires all public offices to be "open for business every day, except holidays, from 9:00 a.m. to 5:00 p.m., subject to the power of the Council to increase such hours for the necessary accommodation of the public." Ballot measures to revise the City Charter must be fon~rarded to the Registrar of Voters by resolution of Council no later than August 7, 2005, to qualify for the November consolidated election. Public hearings or workshops, if any, on the proposed revisions would need to be scheduled well in advance of August 1. There is a significant cost difference for a local election on ballot measures compared with adding local ballot measures to a consolidated election. Staff estimates the cost to add Charter matters to the November consolidated election is approximately $3,000 per measure above the cost the City will incur for the election. Staff anticipates the cost of the election will be approximately $80,000 if there are no Charter measures. The actual cost of the Charter measures will depend on the number of pages of each measure. In contrast, the cast to place Charter matters on a June ballot is estimated at $150,000, and double if the Charter revisions are the only matters on the ballot. Honorable Mayor and Members of the City Council RECOMMENDATIQN March 4, 200$ Page 5 of 5 Request placement of the resolution for a ballot measure on nonsubstantive changes on Council agenda no later than the regular Council meeting of July 15, 2008. Prioritize substantive changes and provide direction regarding public input and next steps within the timeframe noted. Respectfully submitted, Donna Mooney SeniorAssistant City Attorney DMlcm Attachments: 1. Sample Resolution for nonsubstantive amendments 2. Sample Resolution for a substantive amendment 3. Draft of Revised Article IV Auditor 4. Draft of Revised Article V Treasurer CITY GF ALAMEDA RESOLUTION NO, CALLING A CONSOLIDATED MUNICIPAL ELECTION IN THE CITY GF ALAMEDA GN NOVEMBER 4, 2008, FOR THE PURPOSE GF SUBMITTING TO THE ELECTGRS A PROPOSAL T4 AMEND THE CITY OF ALAMEDA CHARTER BY AMENDING SECTIONS ~, _, ~, AND THEREOF; BY DELETING SECTIONS _, ~, AND THEREOF; AND BY ADDING SECTION ~ THERETO, T4 DELETE OBSOLETE AND UNCLEAR LANGUAGE AND CONFORM TO GENERAL LAW AND GTHER SECTIONS OF THE CHARTER; AND PROPOSING SAID CHARTER AMENDMENTS WHEREAS, the City Council of the City of Alameda hereby proposes to submit to the voters of said City amendments to the City of Alameda Charter deleting obsolete and unclear language and conforming to the general law and other sections of the Charter at the Consolidated General Municipal Election to be held on November 4, ZOOS; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL DF THE CITY OF ALAMEDA THAT: Section 1. The Council of the City of Alameda hereby proposes on its own motion that amendments of the Alameda City Charter be submitted to the voters of said City at said election to read as follows: CITY DF ALAMEDA CITY CHARTER AMENDMENTS Q-1. By amending Section 2-4 to read: Sec. 2-4. The salary attached to the following offices shall be fixed by the Council: Auditor, Treasurer, City Manager, City Attorney, City Clerk. Each Councilmember shall receive $50,00 for each meeting of the Council which he shall attend; provided, that no Councilmember shall receive such fees for more than two meetings in any one calendar month. Effect: Deletes "at not less than the following amounts per annum" "$3,600.00;" "$3,600.00;" "$4,000,00;" "$3,000.00;" "$2,400.00." Deletes obsolete language.} Q-Z, By amending Section Z-6 to read: Sec. 2-6. The term of each elective officer shall commence at 5:00 o'clock p.m. on the third Tuesday of the manth following the general municipal election at which such officer was elected and continue for four years thereafter and until his or her successor is elected and qualified. Effect: Deletes "The term of each elective officer holding office as of dune 2,1992 shall be shortened approximately four to five months to 5:00 o'clock p,m. of the third Tuesday of the City Council Attachment 'I to Agenda Item #5-B 03.04-08 month following the November 3,1992, general municipal election and shall be considered a complete term." Deletes obsolete language.} Q-3. By amending Section 2-9 to read: Sec. 2-9. if any elected orCouncil-appointed officer of the City who shall remove from the City or absent himself therefrom for more than thirty days consecutively without the permission of the Council, or shall fail to qualify by taking the oath of office within fifteen days from the time his certificate of election or appointment is mailed or delivered to him, ar shall resign, ar be convicted of a felony, or be adjudged insane, his office shall be vacant. Effect: Adds "elected orCouncil-appointed" before "officer." Conforms to another section of Charter. Deletes "and filing his official bond, whenever such bond is required." Deletes obsolete language.} Q-4. By adding Section 2-16 to read: Sec. 2-16. All references to "his" shall be changed to "his or her" and all references to "him" shall be changed to "him or her" and all references to "himself' shall be changed to "himself or herself'. Effect: All references to his, him, or himself shall include her or herself.) Q-5. By amending Section 3-7(A) to read: Sec. 3 -7. The Council shall: ~A} Meet in the month next succeeding the month in which the General Municipal Election is held, and organize by selecting from its membership, a Vice Mayor of the Council, whose term shall commence upon selection and continue until the selection and qualification of the successor following the next General Municipal Election. Effect: Deletes "at 8:00 o'clock p.m. on the third Tuesday af' and adds "in"before "the month." New language more flexible}, Q-6. By amending Section 3-7(B} to read: (B} Hold regular meetings in the calendar year as fixed by resolution in December of the preceding year. its meetings shall be public and held in the Council Chamber of the City Hall. Special meetings may be called pursuant to general law. Effect: Deletes "at least twice in each month as fixed by ordinance" and adds "in the calendar year as fixed by resolution in December of the preceding year," New language more flexible. Deletes "by the Mayor or three Councilmembers by serving the Councilmembers personally with written notices of time and purpose of the meeting or as required by." Adds "pursuant to general law" after "Special meetings may be called." Conforms to general law.} Q-7. By amending Section 3-7(C) to read: ~C} Contract and fix the compensation for the services of a Certified Public Accountant, who shall at least annually investigate the transactions and audit the accounts of all officers having the collection, custody or disbursement of public money, or having the power to approve, allow or audit demands on the treasury. Said Auditor shall have free access to all records, books and papers in all departments of the City. Said Auditor may at any time visit any of the public offices and make examinations and investigations therein without hindrance. At the close of the investigation said Auditor shall file with the Council a written report containing recommendations. If during said Auditor's examination and audit it shall appear that a public offense has been committed, or that any officer or employee is in default, said Auditor shall immediately report to the Council, which shall take proceedings as are authorized by law. Effect: Deletes "Said Auditor must examine the official bonds of all City officers and employees and investigate the sufficiency and solvency of the sureties thereon" and "or that the surety on any bond is insufficient,". Deletes obsolete provisions.} Q-S. By deleting Section 3-7~E}: Effect: Deletes obsolete section that requires Council to fix amounts of bonds of officers and employees for performance of their duties, procedures for the bonds, and payment by City for the bands}, Q-9. By amending Section 3-7~F} to read: ~F} Prescribe the form of oath of office and require that every elected and Council- appointed officer shall, before entering upon the duties of his office, take and file such oaths with the City Clerk. Effect: Adds "elected and Council-appointed" before officer. Clarifies which officers ofSec. 2- 12are covered.} Q-10. By amending Section 3-7(I) to read: ~I} Establish on or before July 1,1935, a retirement, pension and insurance system for City officers and employees based on sound actuarial principles, which system once adopted shall not be amended except by majority vote of the Council and shall not be repealed except by the People. Such system shall provide for the support thereof by deductions from, the compensation of officers and employees of the City and contributions from City funds and funds under the control of the respective boards. Effect: Deletes "the" before "vote," adds "majority" before "vote" and deletes "of five Members". Less ambiguous.} Q-11. B y amending Section 3 -15 to read: Sec. 3-15. when the expenditure required for the purchase of materials or supplies, or for the making of public work or improvements exceeds the sum provided by general law, the same shall be done by written contract and let to the responsible bidder who submits the lowest and best bid, after advertising in the Official Newspaper by at least one insertion for sealed proposals, which advertising shall be made at least f ve days prior to the time for receipt of bids. Advertisements for bids may set forth the general character of the work, materials or supplies and refer for details to specifications on file in the office of the City Clerk. The Council may reject all bids. In case no bids are received, the Council may make such public work or improvements without contract or purchase such materials ar supplies in the open market. The 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, or that great necessity or emergency requires .immediate action, and thereupon proceed to make such public work or improvements without contract and to purchase such materials or supplies in the open market. Effect: Adds "provided by general law" and deletes "of one thousand dollars" after "sum." Less ambiguous because Sec. 3-15.1 requires the sum to be what is provided by general law.} Q-12. By deleting Section 3-15.1. Effect; Deletes "Anything in Section 3-15 to the contrary notwithstanding, the bid and contract procedure in said section specified shall be applicable only when the required expenditure exceeds the sum provided by the general law for cities for Like expenditures." Less ambiguous because the proposed amendment to 3-15 incorporates this requirement to use the general law sum for purposes of bidding.} Q-13 . B y amending S ection 12-3 ~D} to read; ~D} No employee of the Board receiving compensation from it shall be, or within one year preceding his employment have been, a member of the Board. Effect: Deletes "To establish and abolish positions of employment under its control and fix the compensation and prescribe the duties thereof. " Conforms to Secs.13-2 regarding civil service, and 1-2~D} and 3-1 regarding Council.} Q-14. B y amending S ection 17-10 to read: Sec. 17- l o. The City Manager shall present to the Mayor and City Council a quarterly report on the revenues and expenditures as compared to the adopted budget of all funds of the City. The form of such report shall be both narrative and budgetary in order to inform the Mayor and City Council of the financial status of the City. The Auditor will review each report with the Mayor and City Manager. Effect: Deletes "The Mayor, Auditor, and City Manager shall, together, count the money in the City Treasury at least once in every three months and ascertain the amount of money on hand and make a written report thereof to the Council within five days thereafter showing whether the money in the City Treasury corresponds to the amount shown by the fiscal record of the City" and adds "The City Manager shall present to the Mayor and City Council a quarterly report an the revenues and expenditures as compared to the adopted budget of all funds of the City, The form of such report shall be both narrative and budgetary in order to inform the Mayor and City Council of the financial status of the City. The Auditor will review each report with the Mayor and City Manager." Replaces obsolete provision with language on modern accounting}. Q-15. By deleting Section 17-11. Effect: Deletes "A Police Secret Fund in such amount as the Council may from time-to-time appropriate is hereby established under the sole control of the City Manager. It shall be withdrawable by him without reference to the auditing provisions of this Charter. Such fund shall be expended by the City Manager and the Chief of Police under the direction of the City Manager for investigation and police work of a secret character and for no other purpose. Semi- annuallyand at such other times as the Council may require, the City Manager shall file with the Council his affidavit and the affidavit of the Chief of Police that all monies expended out of the fund have been used for the purpose hereinabove set forth." Obsolete provision.} Q-16. By amending Section 22-4 to read: Sec. 22-4. Any person convicted of a felony or misconduct in office shall forfeit his office or position of employment. No person who shall have been convicted of a felony or misconduct in office shall ever hold any office or position of employment in the service of the City, consistent with state law. Effect: Adds "consistent with state law" to conform to state law}. Q-17. By deleting Sec. 23-4. Effect: Deletes "All members of the Board of Public Utilities Commissioners elected in the year 1934 far four-year terms shall hold office until June 30,1939, and all members of said Board elected in the year 193b shall hold office until June 30,1941. Df the vacancies occurring June 30,1939, one shall be succeeded to by the City Manager, one shall be filled by appointment for a term of four years and one by appointment for a term of one year, and the vacancies occurring June 30,1941, shall be filled, one by appointment for a term of four years, and one by appointment for a term of one year. Upon taking effect of this Charter, the City Manager shall become ex-off cio a member of the Public Utilities Board with full participating and voting power." obsolete language concerning only events of 1934. The City Manager remains on the Public Utilities Board under other provisions of the Charter, Secs. 10-2 and 10-3.}. Q-18. By deleting Sec. 23-5. Effect: Deletes "The Boards and members thereof named in the first column following shall be deemed to be the successors to the Boards and members thereof named in the second column follawing. All incumbents and members of Boards in the second column at the time this Charter takes effect shall immediately assume and continue to hold the successor afhce for the remainder of their unexpired terms. Library Board, successor to Board of Library Trustees. Public Utilities Board, successor to Board of Public Utilities Commissioners. Social Service Board, successor to Board of Social Service." Deletes obsolete language.} Q-19. By deleting Art. XXV Effect: Deletes "Urban Renewal, area redevelopment pursuant to Federal or State aid shall not be adopted in the City of Alameda without a vote of the People." The language is obsolete.} Q-20. By amending Sec. 28-GSA} to read: The Board shall elect a Chairperson and aVice-Chairperson from. their membership. Each office shall be for one ~1}year. However, an office holder may be returned to office. Effect: Deletes "'Robert's Rules of Drder' shall be used in the conduct of all meetings. Conforms to procedure of other boards.} Q-21. By deleting Sec. 28-GAB}. Effect: Deletes "Three ~3}members shall constitute a quorum and a decision of the Board shall be determined by a majority vote of those members present at the meeting." Conforms to another Charter provision, Sec. 10-13}, Section 2. The City Council hereby proposes to and does hereby on its own motion, pursuant to the authorization provided by Section 9255~a}~2} and Section 10201 of the Elections Code, submit the proposal to the qualified electors of the City of Alameda in a municipal election to beheld on Tuesday, November 4, 2008. The City Council hereby requests the Board of Supervisors to consolidate this election with the November 4, 2008, statewide general election to be held on that date. Section 3. The proposal shall be designated on the ballot as "Proposed Ballot Measure of the City of Alameda" and the aforementioned statement of the measure shall read as follows: MEASURE: Proposed Ballot Measure of the City of Alameda Shall the Charter of the City of Alameda be amended YES to delete obsolete and unclear language? Said amendments will be accomplished by amending NO Sections by adding Section ,and by deleting Sections of said Charter, all as more fully set forth in Resolution No. of the Council of the City of Alameda. Section 4. The City Council adopts the provisions of subdivision ~a} of section 9255 of the Elections Code to permit rebuttal arguments, if arguments have been ~Ied in favor of or against the measure that is being submitted to the voters of the City at this Consolidated General Municipal Election. Section 5. Pursuant to California Elections Code Section 9250, the City Council hereby directs the City Clerk to transmit a copy of the measure to the Cit Attorne .The Cit Y Y Y Attorney shall prepare an impartial analysis of the measure, not to exceed 500 words in length, showing the effect of the measure on the existing law and the operation of the measure, and transmit such impartial analysis to the City Clerk within ten ~ 10} days of the adoption of this Resolution. Section 6. The City Clerk is hereby directed to f le a certified copy of this resolution with the Alameda County Clerk of the Board of Supervisors and the County Registrar of Voters in sufficient time so that the measure may be included in the November 4, 2005 Consolidated General Municipal Election ballot. Section 7. Notice of the time and place of the election on this proposed charter amendment is hereby given, and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as re uired b law. q Y *~~~~~ I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the day of , 2008, by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN 'L~ITNES S, wHERECF, I have hereunto set my hand and affixed the official seal of the said City this day of , 2005. Lara ~Veisiger, City Clerk City of Alameda CITY OF ALAMEDA RESOLUTION N0. CALLING A CONSOLIDATED MUNICIPAL ELECTION IN THE CITY OF ALAMEDA ON NOVEMBER 4, 2008, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS A PROPOSAL TO AMEND THE CITY OF ALAMEDA CHARTER BY REQUIRING CONTRACTS TO BE IN WRITING AND THE CITY IS NOT BOUND BY A CONTRACT THAT DOES NOT COMPLY WITH THE CHARTER; AND PROPOSING SAID CHARTER AMENDMENT WHEREAS, the City Council of the City of Alameda hereby proposes to submit to the voters of said City an amendment to the City of Alameda Charter requiring contracts to be in writing, and the City is not bound by a contract that does not compl with the Charter at the Y Consolidated General Municipal Election to be held on November 4, 2005; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ALAMEDA THAT: Section 1. The Council of the City of Alameda hereby proposes on its own motion that an amendment of the Alameda City Charter be submitted to the voters of said Cit at said Y election to read as follows: CITY OF ALAMEDA CITY CHARTER AMENDMENT Sec. 22-13. Every contract involving consideration reasonably valued at more than an amount specified by ordinance shall, except in cases provided by ordinance, be made in writing. The contract shall be signed on behalf of the City by the person authorized b the . Y Council. The City shall not be, and ~s nat, bound by any contract unless it com lies with the . p requirements of this section and all other applicable requirements of the Charter. Section 2. The City Council hereby proposes to and does hereby on its own motion, pursuant to the authorization provided by Section 9255~a~~2~ and Section 1020I of the Elections Code, submit the proposal to the qualified electors of the City of Alameda in a munici al . p election to be held on Tuesday, November 4, 2008. The City Council hereby re uests the Board . q of Supervisors to consolidate this election with the November 4, 2008, statewide eneral election g to be held on that date. Section 3. The proposal shall be designated on the ballot as "Proposed Ballot Measure of the City of Alameda" and the aforementioned statement of the measure shall read as follows: MEASURE: Proposed Ballot Measure of the City of Alameda City Council Attachment Z to Agenda Item #5-B 43.44.08 Shall the Charter of the City of Alameda be amended YES to provide that every contract shall be in writing and the City is not bound by any contract unless it NQ complies with the Charter? Such amendment will be accomplished by adding Section 22-13 of said Charter, as fully set forth in Resolution No. of the Council of the Cit of Alameda. Section 4. The City Council adopts the provisions of subdivision ~a} of section 9255 of the Elections Code to permit rebuttal arguments, if arguments have been filed in favor of or against the measure that is being submitted to the voters of the City at this Consolidated General Municipal Election. Section 5. Pursuant to California Elections Code Section 9280, the City Council hereby directs the City Clerk to transmit a copy of the measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure, not to exceed 540 words in length, showing the effect of the measure on the existing law and the operation of the measure, and transmit such impartial analysis to the City Clerk within ten X10} days of the adoption of this Resolution. Section 6. The City Clerk is hereby directed to file a certified copy of this resolution with the Alameda County Clerk of the Board of Supervisors and the County Registrar of Voters in sufficient time so that the measure maybe included in the November 4, 2008, Consolidated General Municipal Election ballot. Section 7. Notice of the time and place of the election on this proposed charter amendment is hereby given, and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. *~~~*~ I, the undersigned, hereby certify that the' foregoing Resolution was duly and regularl y adopted and passed by the Council of the Czty of Alameda in regular meeting assembled on the day of ______, 2008, 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 the said City this day of ~, 2008, Lara Weisiger, City Clerk City of Alameda ARTICLE IV Auditor Sec. 4-1. The time of his/her election, business administration or Public Accountant and five years accounting experience. Sec. 4-~2. The Auditor shall provide for at least annual audits of the City's financial operations, books and records to assure that the City's financial transactions, accounts and records are maintained in accordance with the requirements of the City Charter, state and federal laws and generally accepted accounting principles and practices. ' City Council Attachment 3 to Agenda Item #5-B 03-04-08 Auditor shall a degree in be licensed have, at the accounting or as a Certified ARTICLE ~T Treasurer dec. 5-1. The Treasurer shall have had, at the time of his/her election, five years experience in administering investment programs and be licensed as a Chartered Financial Anal st or Certified Financial Planner. Sec. 5-2. f The Treasurer shall annuall recommend to Council an investment ol_icy for City monies and monitor and report results of the City investment ortfolio. City Council Attachment 4 to Agenda Item #5-B 43-04-08 COUNCIL REFERRAL FORM (To be submitted to the City Clerk) Name of Council member requesting Referral: Frank Matarrese Date of submission to City Clerk must be submitted before S:DD p.m. on the Monday before the week of the Council meeting requested}: 25 Feb 2DD8 Requested Council Meeting date to consider Council Referral: D4 Mar 2DD8 Brief description of the subject to be printed on the agenda, sufficient to inform the City Council and public ofthe nature of the Council Referral; Re uest that the Cit Council consider directin the Cit Mana er to have staff and the Economic Develo ment Commission EDC research and ro ose ro'ects and olicies in order to attract retain and ex and marine related businesses forAlameda consistent with the recent) ado tedlu dated Economic Develo ment Strate is Plan . Alameda's shoreline has been the location of man marine related businesses havin the advanta a of bein centralf located in the San Francisco Ba .Given the currentfiscal constraintsfaced b the Cit attractin and maintainin marine related business adds to the diversit of the Cit 's economic and tax base as well as rovidin otential new revenue. Amon the considerations for makin marine related businesses a riorit include but are not limited to: ^ vUorkin with existin businesses to ex and sales and marine services ^ Attractin new businesses and events boat shows sailin regattas; etc. ^ U datin existin leasure and commercial maritime facilities Staff could rovide an immediate u date of current activities and work with the EDC to brin rv osals to the Cit Council for action. Related action should be iven hi h riorit based on otential increase in revenues to the Cit . Council Referral # l-Q 43.04-08