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SPECIAL MEETING OF THE CITY COUNCIL
TUESDAY - - -JUNE 3, 2008 - - - 6;30 P.M.
Time: Tuesday, June 3, 2005, 6:30 p.m.
Place: Cit Council Chambers Conference Room, City Hall, career
_ _ _ _ _
of Santa Clara Avenue and Oak Street
1. 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 Clased Session to consider:
3-A. CONFERENCE wITH LABOR NEGOTIATORS
71 ... ~.... ._.. _ , T T .. ... +.. ~ _. ~ l.... +... .
Craig Jory and Human Resources
Director
Employee Organizations: All Public Safety Bargaining Units
4. Announcement of Action Taken in Closed Session, if any
5. Adjournment -City Council
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~~~Ir~Sf:5 ~1 ~--,~ SPECIAL JOINT MEETING OF THE CITY COUNCIL,
ALAMEDA PUBLIC FINANCING AUTHORITY ~APFA} AND
COMMUNITY IMPROVEMENT COMMISSION CIC}
TUESDAY - - - JUNE 3, 2008 - - - 7;25 P.M.
Location: Cit Council Chambers, City Hall, corner of Santa Clara
Avenue and Oak Street.
Public Participation
Anyone wishing to address the Council/Authority/Commission on
agenda items or business introduced by the Council/Authority/
Commission may speak for a maximum of 3 minutes per agenda item
when the subject is before the Council/Authority/Commission.
Please file a speaker's slip with the Deputy City Clerk if you wish
to speak.
PLEDGE OF ALLEGIANCE
1. ROLL CALL - City Council, APFA, CIC
2. CONSENT CALENDAR
Consent Calendar items are considered routine and will be
enacted, approved or adopted by one motion unless a request
for removal for discussion or explanation is received from the
Council/Commission or a member of the public
2-A. Minutes of the special Joint City Council and CIC Meeting, and
the Special Joint City Council, Alameda Reuse and
Redevelopment Authority and CIC Meeting held on May 20, 2008.
[City Council, CIC] City Clerk?
2-B. Recommendation to authorize the Executive Director to enter
into Contracts with the Park Street Business Association, and
the hest Alameda Business Association for Fiscal Year 2008-
2009. [CIC] ~Develapment Services}
3. AGENDA ITEM
3-A. Adoption of Resolution Approving and Authorizing Execution of
a Second Amendment of the Disposition and Development
Agreement Alameda Landing Mixed Use Project} with Palmtree
Acquisition Corporation. [City Council]; and
Adoption of Resolution Authorizing the Executive Director
to Enter Into a second Amendment to the Disposition and
Development Agreement Alameda Landing Mixed Use Project}
with Palmtree Acquisition Corporation. [CIC] Development
services}
3-B. Adoption of Resolution Authorizing and Directing the
Preparation and Execution of Certain Lease Financing
Documents, Authorizing the Preparation and Distribution of a
Preliminary Official Statement in Connection with the Offering
and Sale of Certificates of Participation Relating Thereto,
and Autharizing and Directing Certain Actions with Respect
Thereto. [City Council]; and
Adoption of Resolution Approving, Authorizing and Directing
Preparation and Execution of Certain Lease Financing
Documents and Autharizing and Directing Certain Actions
with Respect Thereto. [APFA] Finance}
4. ADJOURNMENT - City Council, APFA, CIC
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CITY OF ALAMEDA • CALIFORNIA
I F YoU WISH TO ADDF~ES S 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 X37
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 - - - - - - JUNE 3, 2008 - - - - 7:30 P.M.
[Note: Regular Council Meeting convenes at 7:30 pm, City Hall,
Council Chambers, corner of Santa Clara Ave and Oak St]
_ _
The Order of Business far City Council Meeting is as follows:
1. Rall Call
2. Agenda Changes
3. Proclamations, Special Orders of the Day and Announcements
4. Consent Calendar
5. Agenda Items
~. Oral Communications, Non-Agenda Public Comment}
7. Council Referrals
S, 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 Cauncil. 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 x:30 P.M.
CITY COUNCIL CHAMBERS CONFERENCE ROOM
Separate Agenda Closed Session}
SPECIAL JOINT MEETING OF THE CITY COUNCIL 7:25 P.M.
ALAMEDA PUBLIC FINANCING AUTHORITY, AND
COMMUNITY IMPROVEMENT COMMISSION, CITY COUNCIL CHAMBERS
Separate Agenda
1. ROLL CALL - City Cauncil
2. AGENDA CHANGES
3. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
4, CONSENT CALENDAR
Consent Calendar items are considered routine and gill be
enacted, approved or adapted by one oration unless a request
for removal far discussion or explanation is received from the
Council or a member of the public
4-A. Minutes of the Regular City Council Meeting held on May 6,
2005, and Regular City Council Meeting held on May 20, 2008.
City Clerk}
4-B. Bills for ratification. Finance}
4-C. Recommendation to set June 17, 2008, as Hearing date for
Fiscal Year 2008-2009 Proposition 4 appropriation limit.
Finance}
4-D. Recommendation to approve an Agreement with Holland and Knight
in the amount of $96,000 far federal legislative advocacy
services. City Manager}
4-E. Report on proposed PERS Golden Handshake Retirement under
California Government Cade Section 20903. Human Resources}
4-F. Recommendation to award a Contract in the amount of
$3, 571, 510, including contingencies, to D' arty ~ Harty
Construction, Inc., for Cyclic Sewer Replacement, Phase 5, No.
P,W, 10-0~-22, Public Works}
4-G. Recommendation to allocate $1,210,409 in Proposition 1B Local
Streets and Roads Funds, and award a Second Amendment to the
Contract in the amount of $2,95,000, including contingencies,
to Gallagher & Burk, Inc., for the repair and resurfacing of
certain streets, phase 2S, No. P.W. 04-OS-12. Public Works}
4-H, Recommendation to accept the work of Bay Line Concrete,
Cutting, Caring, and Drilling, Inc, for the Grand Street
Bridge and Ballena Boulevard Bridge Repair and Resurfacing,
No. P.W. 11-OG-24. Public Works}
4-I. Recommendation to accept the work of Golden Bay Construction,
Inc. for the replacement of curb, gutter, and related
improvements to address street ponding Citywide, No. P.W. 02-
07-04 , ~ Public Works }
4-J. Recommendation to accept the work of Power Engineering
Contractors, Inc., far the Grand Street Seger Pump Station,
No. P.W. 04-07-1~. Public Works}
4-K. Adoption of Resolution Approving a Third Amendment to the
Agreement for Additional Funding from the State California
Coastal Conservancy in an Amount up to $57,000 to Implement
Spartina Eradication and Mitigation Measures, and Authorizing
the City Manager to Execute All Associated Agreements and
Documents. Public Works}
4-L. Adoption of Resolution Requesting and Authorizing the County
of Alameda to Levy a Tax on All Real and Personal Property in
the City of Alameda as a Voter Approved Levy for the General
Obligation Bonds Issued Pursuant to a General Election Held on
November 7, 2000. Finance}
5. REGULAR AGENDA ITEMS
5-A. Public Hearing to consider collection of delinquent business
license fees via the property tax bills. Finance}
5-B. Public Hearing to consider Collection of delinquent
administrative citation fees Via the property tax bills.
Planning and Building}
5-C. Public Hearing to consider Adoption of Resolution Confirming
the Business Improvement Area Report for FY 2008-09 and
Levying an Annual Assessment an the Alameda Business
Improvement Area of the City of Alameda for FY 2005-09.
~Develapment Services}
5-D. Recommendation to allocate $99,218 in Measure B - Transbay
Ferry Funds, and approve a Second Amendment to the Contract in
the amount of $99,215 to Marine Express, Inc. far the Main
Street Ferry Terminal Barge Maintenance Project. Public
Works }
5-E. Recommendation to establish a Fiscal Sustainability Committee.
~Develapment Services}
5-F. Report on proposed PERS Golden Handshake Retirement under
California Government Cade Section 20903. Human Resources}
6. ORAL COMMUNICATIONS, NON-AGENDA Public Comment}
Any person may address the Council in regard to any matter
over which the Council has jurisdiction or of which it may
take Cognizance, that is not an the agenda
7. COUNCIL REFERRALS
Matters placed on the agenda by a Councilmember may be acted
upon ar scheduled as a future agenda item
8. COUNCIL COMMUNICATIONS Communications from Council}
Councilmembers can address any matter, including reporting on
any Conferences or meetings attended
9. ADJOURNMENT - City Council
~~~
+ Materials related to an item on the agenda are available for
public inspection in the City Clerk' s Office, City Hall, Raom
380, during normal business hours
+ Sign language interpreters gill be available on request. Please
contact the City Clerk at 747-4800 or TDD number 522-7538 at
least 72 hours prior to the Meeting to request an interpreter
Equipment for the hearing impaired is available for public use.
Far 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 ar 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
UNAPPROVED
MINUTES OF THE SPECIAL JOINT CITY COUNCIL AND
COMMUNITY IMPROVEMENT COMMISSION (CIC} MEETING
TUESDAY - - - MAY 20, 2008 - - - 6:00 P.M.
Mayor/Chair Johnson convened the Special Meeting at 6:05 p.m.
RQLL 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:
(08- CC} Conference with Labor Negotiators: Agency Negotiators:
Craig Jory and Human Resources Director; Employee Organizations:
All Public Safety Bargaining Units.
(08- CIC} Conference with Real Property Negotiators; Property:
Fleet Industrial Supply Center Alameda Landing}; Negotiating
parties: CIC and Catellus; Under negotiation: Price and terms.
Following the Closed Session, the Special Meeting was reconvened
and Mayor/Chair Johnson announced that regarding Labor, Council
receivd a briefing from its Labor Negotiators; regarding Real
Property, the Commission received a briefing from its Real Property
Negotiators regarding potential amendments to price and terms
requested by Catellus on the Alameda Landing Disposition and
Development Agreement; no action was taken.
Adjournment
There being no further business, Mayor/Chair Johnson adjourned
the Special Meeting at 7:30 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
May 20, 200$
UNAPPROVED
MINUTES OF THE SPECIAL JOINT CITY COUNCIL,
ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY ~ARRA}, AND
COMMUNITY IMPROVEMENT COMMISSION CIC} MEETING
TUESDAY- -MAY 20, 2008- -7:31 P.M.
Mayor/Chair Johnson convened the Special Meeting at 9:30 p.m.
ROLL CALL - Present: Councilmembers/Board Members/Commissioners
deHaan, Gilmore, Matarrese, Tam, and
Mayor/Chair Johnson ~ 5.
Absent: None.
r (111T.~ F11TT
Vice Mayor/Commissioner Tam moved approval of the Consent Calendar.
Councilmember/Commissioner deHaan 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- CC/*08- CIC} Minutes of the Special Joint City Council,
Community Improvement Commission, and Housing Authority Board of
Commissioners Meeting of May 6, 2008. Approved.
~*08- CC/*Q$- CIC} Recommendation to accept the Fiscal Year Third
Quarter Financial Report and budget adjustments. Accepted.
AGENDA ITEM
~ARRA/08- CIC} Workshop on FY 2408-09 ARRA and CIC Budgets.
The Development Services Director gave a Power Point presentation
on the CIC and ARRA budgets.
The ARRA budget discussion is included in the ARR.A Minutes record.
Following the ARRA discussion, Commissioner deHaan inquired whether
the budget includes any funds that are obligated to another entity,
such as the Alameda Unified School District ~AUSD}.
The Development Services Director responded staff nets out all
obligations; the Business and Waterfront Improvement Project ~BWIP}
and West End Community Improvement Project ~WECIP} unrestricted
cash flow shows that staff nets out all obligations; the line which
reads pass through to taxing entities includes AUSD; an audit was
Special Joint Meeting
Alameda City Council, Alameda Reuse 1
and Redevelopment Authority, and
Community Improvement Commission
May aa, 2oaa
conducted of the last five years; a one time adjustment of $300,000
is being made this year; the audit was done because the formulas
for each entity differ; numbers are different if they are pre-1994,
post-1994 and from separate negotiated agreements; 900 of entities
were not doing the calculations correctly; the right formula will
be used in the future; the same person will work with AUSD to
correct its reporting.
Commissioner deHaan requested a final report on the matter.
Chair Johnson stated the extreme diversity of the Development
Services Department's projects is amazing; the Department does not
have a very large staff.
Commissioner Gilmore stated the budget is complex; thanked the
Development Services and Finance Departments; stated the Commission
is in charge of the budget; if the Commissioners do not know where
the money is going and where revenues are coming from they would be
in trouble.
The Development Services Director thanked Finance for being
accommodating in the creation of the cash flow spreadsheet.
Commissioner Matarrese stated the budget presentation was very
clear, which is particularity important when the budget news is not
good.
ADJOURNMENT
~*08- CC/*OS- CIC7 At the request of Councilmember/Commissioner
deHaan, Mayor/Chair Johnson adjourned the Special Joint Meeting at
10:55 p.m, in a moment of silence in honor of the recent natural
disaster victims.
Respectfully submitted,
Lora 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, Alameda Reuse Z
and Redevelopment Authority, and
Community Improvement Commission
May 2a, 2aaa
CITY OF ALAMEDA
Memorandum
To: Honorable Chair and
Members of the Community Improvement Commission
From: Debra Kurita
Executive Director
Date: June 3, 2008
Re: Authorize the Executive Director to Enter into Contracts with the Park
Street Business Association and the West Alameda Business
Association for Fiscal Year 200809
BACKGROUND
The Community Improvement Commission ~CIC} makes a grant each year to the Park
Street Business Association PSBA} and the West Alameda Business Association
~WABA}, These grants support overhead, operations, marketing, and promotional
activities and enable each business association to operate downtown revitalization
programs based on the principles of the National Main Street Center. PSBA and WABA
are active partners with the City in the ongoing renewal of their respective districts.
DISCUSSIGN
This fiscal year's grant amounts, determined by the CIC's FY 2008-09 budget process,
reflect a three percent increase over last year: $111,446 for PSBA and $101,146 for
UvABA. In addition, the Greater Alameda Business Association ~GABA} will also be
receiving $12,000 in grant funds this year.
BUDGET CONSIDERATIONIFINANCIAL IMPACT
There is no impact on the General Fund. The contract amounts are budgeted from tax
increment funds.
MUNICIPAL CODEIPOLICY DOCUMENT CROSS REFERENCE
Economic Development Strategic Plan, July 2D00, Strategy #2 reads as follows,
"Support the Chamber of Commerce, merchants and merchant associations in their
efforts to increase the availability and quality of retail goods and professional services
that meet the purchasing preferences of Alameda residents and the employees of
Alameda firms by: ~1}supporting Park and Webster as "Main Street" retail zones..."
C CLAP FAIC I C
Agenda Item #2-B
06-03-08
Honorable Chair and June 3, 2008
Members of the Community Improvement Commission Page 2 of 2
RECGMMENDATiON
Authorize the Executive Director to enter into contracts with the Park Street Business
Association and the West Alameda Business Association for Fiscal Year 2008-09.
Respectfully s mitted,
;~
,~
~ ~ ~. _
Leslie A, Little ~~
Development Services Director
By: Dorene E. Soto
Manager, Business D veiopment Division
By: Sue G. usse
Economic Development Coordinator
DKILALIDESISGR:rv
cc: Greater Alameda Business Association
Park Street Business Association
West Alameda Business Association
CITY ~F ALAMEDA
Memorandum
To: Honorable Mayor and
Members of the City Council
Honorable Chair and
Members of the Community Improvement Commission
From: Debra Kurita
City ManagerlExecutive Director
Date: June 3, 2008
Re: Adopt a City Council Resolution Approving and Authorizing Execution of
a Second Amendment of the Disposition and Development Agreement
with Palmtree Acquisition Corporation
Adopt a Community Improvement Commission Resolution Authorizing
the Executive Director to Enter into a Second Amendment to the
Disposition and Development Agreement with Palmtree Acquisition
Corporation
BACKGROUND
Gn December 4, 2005, the City Council and Community .Improvement Commission
~CIC} approved a Disposition and Development Agreement DDA} with Palmtree
Acquisition Corporation PAC} for redevelopment of the former Fleet Industrial Supply
Center ~FISC}, The project, called Alameda Landing, consists of 400,000 square feet of
office uses, 300,000 square feet of retail development, up to 300 homes, and a public
waterfront park and open space.
The DDA was amended in December 2001 to provide a re-designed waterfront
promenade. Revisions to the waterfront park were necessary due to the condition of the
existing wharf and the cost to seismically retrofit and stabilize the piers. PAC is
requesting a second amendment to the DDA to provide for reimbursement of expenses
associated with the early expenditure of funds far acquisition of the Stargell Avenue and
Union Pacific SUP} rights-of-way and Stargell construction activities; to modify project
phasing to permit an early office phase in an effort to secure Clif Bar; and to extend
timelines for certain required activities. The Second Amendment is on file in the City
Clerk's Office.
CCIAPFAIC~C
Report Rey
Agenda Item #3-A
D6-43.08
Honorable Mayor and June 3, 2008
Members of the City Council Page 2 of 8
Honorable Chair and
Members of the Community Improvement Commission
DISCUSSION
The proposed modifications to the DDA are discussed below.
Farl~ Fx~nenditure o~ Funds for Stargell Avenue- and C1P Ri hts-of Way and„ Stargell
Avenue Constructs"on Activities
Pursuant to the DDA, PAC has an obligation to make a good faith effort to acquire the
necessary right-of~way and construct the Starge[1 Avenue Extension Project as a
condition precedent to commencing the second phase of the Alameda Landing project.
Under the DOA, PAC has until 2013 to determine the feasibility of the Stargell Avenue
Extension Project, including acquisition of the right-of-way. If the extension project is
declared infeasible, the DDA provides that PAC must evaluate the feasibility of an
alternate route, and ultimately make an in-lieu payment if there is no new road
construction.
PAC has been working with the Peralta Community College Distric# for the past year to
acquire the necessary right-of-way far the construction of the Stargell Avenue Extension
Project. A Letter of Intent ~L01} was signed by the District, CIC, and PAC in early May,
providing for an exchange of property. An Exchange Agreement, based on the LEI, was
deposited into escrow on May 14, 2008. The exchange of District property, including a
right-of-way parcel and remainder parcel, for a building at 860 Atlantic Avenue will
conclude on August 7, 2008. PAC will expend $7.2 million on the property exchange
and another approximately $1 to 1.25 million on costs associated with the acquisition
such as legal fees, due diligence, property relocation, and reimbursement of CIC and
District costs.
Control of the right-of-way is necessary for the City to make a request to the California
Transportation Commission ~CTC} for allocation of the $4 million of State Transportation
Improvement Program ~STIP} monies. Funds must be requested by February 2009, or
the City will lose its reservation of funds. The City plans to request a CTC allocation of
funds in September or October 2008 to ensure funds are available as there are more
transportation projects than available funding during the course of the fiscal year,
If the City secures its allocation of STIP funds in fall of 2008, it must award a
construction contract within six months and begin expending construction funds within
six months of award of contract, Therefore, it is anticipated that a construction contract
will be awarded in Spring 2009, and construction of the Stargell Avenue Extension
Project will begin shortly thereafter. The Stargell Avenue Extensian Project will be
completed within 12 months of commencing construction.
vlrhile PAC has been diligently pursuing the exchange of property necessary to
construct the Stargell Avenue Extension ~ Project, the DDA does not obligate PAC to
Honorable Mayor and ~ June 3, 2008
Members of the City Council Page 3 of 8
Honorable Chair and
Members of the Community Improvement Commission
purchase the right-of-way or construct the project until the second phase of the
Alameda Landing project. PAC has until 2016 to commence the construction project.
Given the short-term availability of the property at 864 Atlantic Avenue necessary for the
exchange with the District, and PAC's desire to retain the ability to access the STIP
funds, which requires control of the right-of-way prior to February 2009, the developer is
willing to spend a substantial amount of money before it is contractually obligated to do
so. However, PAC has requested that the CIC provide a mechanism to secure the
repayment of the property acquisition funds, and any funds spent on early construction
of Stargell Avenue, if PAC does not go forward with the Alameda Landing project. PAC
has proposed that there be an interest rate charged on these "Stargell Avenue Early
AcquisitionlConstruction Expenses" that would accrue if and when PAC terminated the
DDA. PAC has also requested time extensions to various performance obligations,
which are discussed below, as a condition of making an early expenditure of funds.
In addition to the good faith obligation to determine the feasibility of acquiring the
Stargell Avenue right-of-way and constructing the project, PAC is also obligated to
acquire, or work with the CIC to acquire, the UP right-of-way that is necessary to
construct Mitchell Avenue from Mariner Square Loop to the western edge of Alameda
Landing. Acquisition of the UP right-of-way and PAC's good faith determination that the
First Phase will achieve a project internal rate of return ~IRR~ of at least 12% are the
sole remaining substantial conditions precedent to commencing first phase demolition
and backbone infrastructure. Under the DDA, PAC has until 2013 to satisfy or waive its
conditions precedent to first phase demolition and backbone infrastructure. Construction
of Mitchell Avenue is necessary to accommodate development along the waterfront.
As discussed below, PAC is also proposing a modified phasing plan to permit
development of an Early office parcel. The Early Office parcel would be pursued if PAC
renews negotiations with Clif Bar or enters into negotiations with a comparable tenant
interested in reusing the existing warehouse building. Development of the Early Office
parcel requires the UP right-of-way. PAC is requesting that the CIC reimburse it for its
early expenditure of approximately $2.15 million to obtain the UP right-of-way in an
effort to locate Clif Bar at Alameda Landing. There would be no interest on repayment of
the UP costs in the event PAC does not go forward with the Alameda Landing project.
The proposed Second Amendment acknowledges that the acquisition of the Stargell
Avenue and UP rights-of-way and construction of Stargell Avenue are an early
expenditure of funds. The Amendment would allow PAC to be reimbursed for the
Stargell Avenue expenditures in the event PAC did not proceed with the Alameda
Landing project, or did not go forward after completing certain components of the
project. The DDA currently provides fora 14-acre Alternative First Phase. if PAC
proceeds with only an Alternative First Phase that includes retail andlor only the First
Demolition and Backbone Infrastructure Phase, the CIC would have a partial repayment
obligation for the early expenditure of funds associated with the Stargell Avenue
Honorable Mayor and June 3, 2008
Members of the City Council Page 4 of 8
Honorable Chair and
Members of the Community Improvement Commission
Extension Project. The repayment obligation for Stargell Avenue is not applicable if PAC
commences the Second Phase Demolition and Backbone Infrastructure Phase. The
CIC's commitment to repay PAC for Upright-of-way costs would terminate if PAC builds
the Early office phase; Alternative First Phase, if such Alternative First Phase requires
the UP right-of-way; or First Demolition and Backbone Infrastructure Phase,
Reimbursement is subject to PAC compliance with all of the terms and conditions of the
DDA, i.e., PAC cannot be in default.
The CIC's sources of repayment are the same sources pledged to the Alameda Landing
project in the DDA; Bayport net excess bond proceeds, tax increment from Alameda
Landing, and net land sale proceeds from Alameda Landing. However, the C1C, at its
sole discretion, can also use other sources to repay the obligation. The CIC's obligation
to repay PAC would be secured by a Deed of Trust on Alameda Landing property. If
PAC terminates the DDA prior to commencing Demolition and Backbone Infrastructure
Phases as described above, the C1C would be required to pay interest on its Stargell
Avenue repayment obligation. However, the interest would only begin to accrue when
PAC terminated the DDA. Therefore, if PAC expends its full costs associated with the
Stargell Avenue right-of-way and construction in 2009, and terminated the DDA in 2011,
interest would begin to accrue at that time.
If the CIC terminates the DDA, rather than PAC terminating as described above, the
CIC would not pay interest on its Stargell repayment obligation. Instead, a process
would be established that allowed the CIC to sell the property to another developer and
repay PAC its early expenditure of funds: The sale process would involve a notice to
PAC of the CIC's intent to terminate the DDA and an opportunity for PAC to perform its
obligation pursuant to the DDA. !n the event that PAC does not perform, the CIC could
sell land to repay PAC. If the CIC were unable to sell the property for the amount of
money owed to PAC, the DDA would continue in place until such time as PAC performs
or the property can be sold for a price sufficient to repay PAC, the tolling period.
!n the event that CIC is unable to sell the property for a price sufficient to repay PAC,
PAC has proposed a final termination date for the DDA of 2031. The Second
Amendment provides that PAC would have to satisfy or waive its conditions precedent
to all of its Demolition and Backbone Infrastructure Phases by 2026, or no later than 20
years from the DDA Effective Date, and complete conveyance and construction of all
development by no later than 25 years after the DDA Effective Date, or 2031 see
Attachment 1}. Failure to meet this outside deadline would result in termination of the
DDA. The CIC's obligation to repay PAC for its early expenditures would survive
termination of the DDA. The CIC would use land sale proceeds to repay PAC, and any
balance owed would be repaid from tax increment generated by future development of
the FISC property.
Honorable Mayor and ~ June 3, 2008
Members of the City Council Page 5 of 8
Honorable Chair and
Members of the Community Improvement Commission
It should be noted that the time extension described above would not occur if the
conditions precedent to the Demolition and Backbone Infrastructure Phases, particularly
the projected achievement of a 12% lRR, were satisfied. In that case, the existing DDA
schedule would remain, subject only to the changes described below. Under the
existing DDA schedule, the outside date for completion of all construction ranges from
18 to 201/2 years from the Effective Date, or 2024 to 2021.
Mod~fiea~_ Proiect Phas~rrg
PAC had a Letter of Intent ~L~I}with Clif Bar for the reuse of a waterfront warehouse as
a 100,000 square foot office building. The existing phasing has the warehouse
renovation in the first phase, along with waterfront improvements west of the warehouse
and a minimum amount of retail development. As PAC continued to refine its analysis of
the required infrastructure for the Clif Bar, project as initially negotiated, it was not able
to commit to the required schedule for occupancy by Clif Bar. Therefore, Clif Bar
terminated the L~l. However, both Clif Bar and PAC agreed that PAC would continue to
explore ways to accommodate Clif Bar since Clif Bar is still very interested in the site
and the warehouse building. PAC proposes to modify the phasing by moving the "Clif
Bar parcel" into Phase 3, but permitting an Early Office phase that could be constructed
at any time, i.e., as the Alternative First Phase, or as a subsequent phase after an
Alternative First Phase, etc., without triggering the obligation to construct the balance of
Phase 3, which consists of the remaining 300,000 square feet of office development.
The Early office phase option maximizes PAC's flexibility to meet Clif Bar's timing
requirements and minimizes its infrastructure obligations. If Clif Bar is interested in this
scaled-down approach, PAC believes it is a financially viable way to accommodate Clif
Bar.
Time Fx~ens~ons
As noted above, PAC has requested time extensions for certain performance
milestones as additional consideration for its agreement to make an early expenditure of
funds to secure the Stargell Avenue and UP rights-of-way.
The requested time extensions are as follows:
A three-year time extension to commence activity on an Alternative First Phase.
The existing deadline is December 2009. The new deadline would be
December 2012.
A two-year time extension to commence construction on the retail development
north of Mitchell, and aone-year time extension to complete construction. The
current requirement is to commence construction within 12 months of
conveyance and complete construction within 60 months of conveyance. The
Honorable Mayor and June 3, 2008
Members of the City Council Page 6 of 8
Honorable Chair and
Members of the Community Improvement Commission
new requirement would allow 36 months to commence construction following
conveyance and l2 months to complete construction following conveyance.
PAC contends that a successful waterfront retail project is dependent on a
strong retail development south of Mitchell and has requested the additional
time to get the retail south of Mitchell constructed and stabilized to maximize
the likelihood of success at the waterfront.
A one-year extension to satisfy conditions precedent to the First Phase
Demolition and Backbone Infrastructure. The existing deadline is December
2013. The new deadline is December 2014,
A onewyear extension to satisfy conditions precedent to the Second Demolition
and Backbone Infrastructure Phase. The existing deadline is December 2016.
The new deadline is December 2011.
A three-year time extension to the outside date to acquire the office parcels and
commence Third Demolition and Backbone Infrastructure Phase activity. The
current deadline is December 2016. The new deadline is December 2019.
The time extensions are important to PAC due to the current uncertainties in the market.
Since the DDA deadlines for conveyance and construction are tied to satisfaction of the
Demolition and Backbone Infrastructure conditions precedent, conveyance and
construction deadlines are extended by one year as well. PAC is not requesting any
additional time extensions to conveyance and construction schedules, with the
exception of construction on the retail development north of Mitchell and conveyance
and construction of the office parcel, as described above.
BUDGET CONSIDERATI~NIFINANCIAL IMPACT
The proposed Second Amendment to the DDA provides a repayment mechanism for
the early expenditure of PAC funds to acquire the Stargell and UP rights-of-way and
construct the Stargell Avenue Extension Project. The early expenditure of funds
obligates the CIC to assume a new repayment commitment, in the event PAC does not
go forward with the project, that does not exist at this time. However, it also allows
timely acquisition of property for rights-of-way that are essential to the development of
both Alameda Landing and Alameda Point. Early expenditure of funds also retains the
opportunity for the City to obtain $4 million in STIP funds that it would otherwise lose if it
cannot demonstrate contra! of the Stargell right-of-way before February 2009, and
commence construction.
The CIC's obligation to repay the early expenditure of funds is limited, In the event that
PAC goes forward with Alameda Landing, some, or all, of the CIC's early repayment
Honorable Mayor and ~ June 3, 2008
Members of the City Council Page 7 of 8
Honorable Chairand
Members of the Community Improvement Commission
obligation is released, In addition, the CIO's sources of repayment are solely those
funding sources currently pledged to the project.
For FY 08109, the CIC will spend $757,000 to maintain the FISC property. These costs
are more than offset by FISC lease revenues of $896,000. The proposed time
extensions to some of the performance deadlines could adversely impact the FISC
lease revenue budget. The CIC continues to lease portions of FISC warehouses to
tenants and is obligated to provide property management services and pay associated
costs such as water and urban runoff fees for FISC. As tenants are terminated,
discontinue their leases, or if leasing becomes difficult, the CIC may have less revenue
to offset property management services on the balance of the property. The time
extensions could potentially require the CIC to perform those property management
services longer than originally anticipated under the DDA. The Second Amendment has
provisions for the CIC and PAC to address these issues through ayet-to-be-negotiated
Operating Memorandum, as provided for in the existing DDA.
The Second Amendment is intended to provide PAC with the tools it needs, including a
source of repayment for early expenditures, a more flexible phasing plan, and more time
to satisfy conditions precedent, to re-engage Clif Bar and develop a viable retail project
as soon as possible. It is also intended to deliver the necessary rights-of-way and road
construction that are a prerequisite to both Clif Bar and retail tenants.
ENVI R~NM ENTAL REVI EUU
0n December 5, 2006, the City Council adopted Resolution No. 14047 certifying the
Supplemental Environmental Impact Report SEIR} for the Alameda Landing Mixed Use
Development Project. 0n September 24, 2007, the Planning Baard approved a first
addendum to the SEIR. 0n May 6, 2008, the City Council and CIC approved a second
addendum to the SEIR. The Second Amendment to the DDA does not trigger the need
for subsequent or supplemental environmental review pursuant to Sections 15162 and
15163 of the California Environmental Quality Act ~CEQA} Guidelines and Section
21166 of the Public Resources Code.
RECOMMENDATION
It is recommended that the City Council adopt a Resolution approving and authorizing
execution of a Second Amendment of the Disposition and Development Agreement with
Palmtree Acquisition Corporation,
It is recommended that the Community Improvement Commission adapt a Resolution
authorizing the Executive Director to enter into a Second Amendment to the Disposition
and Development Agreement with Palmtree Acquisition Corporation.
Honorable Mayor and
Members of the City Council
Honorable Chair and
Members of the Community Improvement Commission
Res a lly submitted,
4
Leslie Little
Development Services Director
By: b e Potter
Base Reuse and Community Development Manager
D KILALID P: rv
June 3, 2008
Page 8 of 8
Attachment: 1.Outside Dates for Performance Milestones
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CITY GFALAMEDA RESOLUTIGN NG.
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APPROVING AND AUTHORIZING EXECUTION OF A SECOND AMENDMENT OF
THE DISPOSITION AND DEVELOPMENT AGREEMENT (ALAMEDA LANDING
MIXED USE PROJECT) WITH PALMTREE ACQUISITION CORPORATION
UUHEREAS, on December 5, 2006, the City of Alameda, pursuant to
Resolution No. X4450, made certain findings and determinations pursuant to Section
33445 of the Community Redevelopment Law and approved the Disposi#ion and
Development Agreement Alameda Landing Mixed Use Project} ~"Alameda Landin
~a ~ ... g
DDA }with Palmtree AcquES~t~on Corporation ~"PAC"~; and
a
VI~HEREAS, on December 6, 2006, the CiC, pursuant to Resolution No, 06-
148, authorized the Executive Director to execute the Alameda Landing DDA with
PAC; and
WHEREAS, the CIC and PAC executed the Alameda Landing DDA on Jul
Y
20, 2001; and
WHEREAS, on December 4, 2007, the CIC, pursuant to Resolution No. 07-
151,authorized the Executive Director to execute a First Amendment to the Alameda
Landing DDA with PAC ~"First Amendment"}; and
WHEREAS, on December 4, 2001, the City, pursuant to Resolution
No. 14162, approved the First Amendment; and
WHEREAS, the CIC and PAC executed the First Amendment on December 4,
2001; and
WHEREAS, on June 3, 2408, following notice duly and regularly given as
required by law, the CIC and the City Council held a joint public hearing on a Second
Amendment to the Alameda Landing DDA ~"Second Amendment'} and related
documents, and heard all interested persons expressing a desire to comment
thereon or object thereto.
NGU1J, THEREFORE BE IT RESGLVED, that the City Council finds the
proposed Second Amendment to be consistent with the Business and V1laterfront
Improvement Project, including the Mixed Use Land Use Designation, and the Cit of
y
Alameda General Pfan.
BE IT FURTHER RESGLVED, that the City Council hereby approves the
Second Amendment in substantially the form on file with the Cit Clerk's office
. Y ,
subject to any minor conforming, technical or clarifying changes approved b the
. y
Executive Director of the CIC and C!C Counsel.
* ~**~*
Resolution 3-A ~~ }
CC APFA CIC
4fi-03-0H
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 the Special
Joint Meeting of the City Council and the Community Improvement Commission on
the 3rd day of June, 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 said City this day of , 2008
Lara Weisiger, City Clerk
City of Alameda
CGMMUNITY IMPROVEMENT COMMISSION
OF THE CITY OFALAMEDA RESOLUTION NO.OS-
E
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AUTHORIZING THE EXECUTIVE DIRECTOR TO ENTER INTO A SECOND
AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT
(ALAMEDA LANDING MIXED USE PROJECT) WITH PALMTREE
ACQUISITION CORPORATION
WHEREAS, on December 6, 2006, the Community Improvement
Commission ~"CIC"}, pursuant to Resolution No. 06-145, authorized the
Executive Director to execute the Disposition and Development Agreement
Alameda Landing Mixed Use Project} ~"Alameda Landing DDA"} with Palmtree
Acquisition Corporation ~"PAC"}; and
WHEREAS, the CIC and PAC executed the Alameda Landing DDA on
July 20, 2001; and
WHEREAS, on December 4, 2007, the CIC, pursuant to Resolution No,
O1-151, authorized the Executive Director to execute First Amendment to the
Alameda Landing DDA ~"FirstAmendment"}; and
WHEREAS, the CIC and PAC executed the First Amendment on
December 4, 2001; and
WHEREAS, on June 3, 2008, following notice duly and regularly given as
required by law, the CIC and the City Council held a joint public hearing on the
Second Amendment to the Alameda Landing DDA ~"Second Amendment"} and
related documents, and heard all interested persons expressing a desire to
comment thereon or object thereto, and considered the Second Amendment;
and
WHEREAS, the CIC has determined that by amending the Alameda
Landing DDA, the C!C will further encourage the productive use and
redevelopment of underutilized former military base property.
NOW, THEREFORE BE IT RESOLVED, that the CIC finds the proposed
Second Amendment to be consistent with the Business and Waterfront
improvement Project, including the Mixed Use Land Use Designation, and the
City of Alameda General Plan.
BE IT FURTHER RESOLVED, that the CIC hereby authorizes the
Executive Director to enter into a Second Amendment to the Alameda Landing
DDA with PAC substantially in the form and containing the terms and
conditions and covenants as set out in the Second Amendment to the Alameda
Landing DDA on file a# the City Clerk's office, subject to any minor conforming,
technical or clarifying changes approved by the Executive Director and CIC
Resolution 3-A ~2}
CC APFA ClC
06-03-08
Counsel. The Executive Director and Secretary of the CIC are hereby further
authorised and directed to take such further actions and execute such
documents as are necessary to carry out the Alameda Landing DDA, as
amended by the First Amendment, and as amended by the Second
Amendment, on behalf of the CIC.
**~~**
I, the undersigned, hereby certify that the foregoing Resolution was duty
and regularly adopted and passed by the Community Ir~provement Commission
of the City of Alameda in a Special Joint Meeting of the City Council and the
Community Improvement Commission on the 3rd day of June, 2008, by the
following vote to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
IN vUITNESS, ~IIIHERE4F, I have hereunto set my hand and affixed the official
seal of said Commission this day of , 2005.
Lara ~Jeisiger, Secretary
Community Improvement Commission
Beverly Johnson, Chair
Community Improvement Commission
CITY of ALAMEDA
Memorandum
To: Honorable Mayor and
Members of the City Council
Honorable Chair and
Members of the Public Financing Authority
From: Debra Kurita
City Manager
Date: June 3, 2008
Re: Adopt a City Council Resolution Authorizing Preparation and Execution
of Lease Financing Documents and a Preliminary official Statement in
Connection with the offering and Sale of Certificates of Participation and
Authorizing Certain Actions with Respect Thereto; and,
Adopt a Public Financing Authority Resolution Approving and
Authorizing Preparation and Execution of Certain Lease Financing
Documents and Authorizin Certain Actions with Res ect Thereto
BACKGROUND
The City and the Alameda Public Improvement Corporation ~APIC},anon-profit
corporation formed by the City of Alameda, sold $2.8 million of City of Alameda
Certificates of Participation X1996 Police Building and Equipment Refinancing Project} in
1996. During the same year, the City and the AP1C also sold $4.9 million of City of
Alameda Certificates of Participation X1996 Library and Golf Course Financing Project},
There remains $1.5 million and $3.6 million outstanding respectively.
DISCUSSION
During the Fiscal Year 2008-2009 budget preparation process, it became evident that
all avenues needed to be pursued with respect to cost containment. one option staff
analyzed was the refinancing of the two certificates of participation issues from 1996 to
restructure the future debt service requirements. The goal was to reduce debt service
payments in the near term and reduce General Fund costs rather than to achieve net
present value savings from interest rate reductions. To accomplish this financing, staff
worked with the City's Financial Advisor Gardner, Underwood & Bacon} to secure the
services of an underwriter ~VVedbush Morgan Securities}, and a trustee Union Bank of
California}. The services of bond counsel Quint & Thimmig LLP} were authorized by
the City Attorney.
CCIAPFAICIC
Report Re:
Agenda Item #3-B
06-03~~8
Honorable Mayor and June 3, 2008
Members of the City Council Page 2 of 3
Honorable Chair and
Members of the Public Financing Authority
The proposed new certificates to be issued will be approximately $6 million Certificates of
Participation X2008 Financing Project} with a 15-year maturity. The Police Building,
whose value exceeds that of the Certificates, will serve as the facility to be leased for the
principal amount of the Certificates. During the first year, the City will pay no interest or
principal on the debt service; the interest is capitalized. In the second year, the City will
pay interest only, while in the fourth and successive years, the City will pay both principal
and interest. The debt service savings to the General Fund in Fiscal Year 2008-2009 are
estimated to be $239,438. In addition, the Library and Golf Funds will see savings of
approximately $236,496 and $133,029 respectively as a result of the refinancing of the
1996 Library and Golf Course Financing Project.
The City Council is being asked to approve several documents and authorize the Mayor,
City Manager, or Chief Financial Offcerto execute the documents. These are:
1} a site and facility lease between the City and the Public Financing Authority;
2} a lease agreement between the Public Financing Authority and the City leasing back
the Police Building for an amount not to exceed $7 million, at a maximum interest
rate of 5.5°/o and for a period no longer than 21 years;
3} a trust agreement among the City, the Public Financing Authority, and Union Bank of
California to act as trustee for the financing and the execution and delivery of the new
certificates; and
4} a certificate purchase agreement between Wedbush Morgan Securities, the
undenNriter, and the City relating to the purchase of the certificates by the underwriter
at a discount not to exceed .75°/° of the principal.
The City Council is also required to approve the Preliminary Official Statement. When
finalized, this document will become the Official Statement, which is the official offering
for sale of the certificates. It contains information about the certificates themselves, the
sources and uses of the funds, the financing plan, and background information about the
City. The City Council, in adopting the resolution, also authorizes the Mayor, City
Manager, or Chief Financial Officer to cause the Preliminary Offcial Statement to be
brought into the form of a Final Official Statement by emending or correcting substantive
facts. The resolution also directs the Mayor, City Manager, or Chief Financial Officer to
deem as final the Preliminary Official Statement pursuant to Rule 15c2-12 under the
Securities Exchange Act of 1934. These documents are an file with the City Clerk's
Office.
The Alameda Public Financing Authority must also approve the following documents:
1 } a site and facility lease as above;
2} a lease agreement as above;
Honorable Mayor and June 3, 2008
Members of the City Council Page 3 of 3
Honorable Chair and
Members of the Public Financing Authority
3} an assignment agreement between the Public Financing Authority and Union Bank of
California as trustee under which the Public Financing Authority will assign certain. of
its rights ,including the right to receive payments, to the trustee; and
4} a trust agreement among the Public Financing Authority, the City, and the Trustee
regarding the financing and the execution and delivery of the certificates of
participation.
These documents are also on file with the City Clerk.
BUDGET C4NSIDERATIGNIFINANCIAL IMPACT
The Fiscal Year 2008-2009 debt service cost savings for the General Fund are estimated
to be $239,438, and the savings for Fiscal Year 2009-2010 are estimated to be $164,529.
Similarly, the Library and Golf Funds will enjoy debt service cost savings in Fiscal Year
2008-2009 and 2009-2010 as follows:
FY 2008-2009 FY2009-2010
Library Fund $236,496 $130,082
Golf Fund 133 029 1311'2
Tota! $369,525 $203,254
The total debt service net cost for the life of the issue is $l.l million. Without the
refinancing, the remaining debt service net cost for the existing issues would be $l.1
million.
RECOMMENDATIGN
Adopt a City Council Resolution authorizing preparation and execution of lease financing
documents and a Preliminary official Statement in connection with the offering and sale
of Cerkificates of Participation and authorizing certain actions with respect thereto; and,
Adopt a Public Financing Authority Resolution approving and authorizing preparation and
execution of certain lease financing documents and authorizing certain actions with
respect thereto.
Respectfully submitted,
ells-Ann B er
Chief Financial Officer
CITY aF ALAMEDA RES4LUTIGN NG,
AUTHGRIZING AND DIRECTING THE PREPARATION AND
EXECUTIGN GF CERTAIN LEASE FINANCING DGCUMENTS,
AUTHORIZING THE PREPARATION AND DISTRIBUTION OF A
PRELIMINARY GFFICIAL STATEMENT IN CGNNECTIGN vIIITH THE
GFFERING AND SALE CF CERTIFICATES OF PARTICIPATIGN
E RELATING THERET
0, AND AUTHGRIZING AND DIRECTING
u°- CERTAIN ACTIGNS UvITH RESPE T T
C HERETO
o
y} g g
a ~ ~IVHEREAS, the City of Alameda the "Cit " , workin to ether with the
~ ~, Alameda Public Improvement Corporation the "Cor oration" has heretofore
,_ ~ p },
o ~ caused the execution and delivery of the $2,710,004 City of Alameda
a Certificates of Participation X1996 Police Building and E ui ment Refinancin
~. q p g
~ Project} the "~ 996A Certificates"}, representing undivided proportional interests
f of the owners thereof in lease payments to be made by the City as the rental
for certain property pursuant to a lease agreement with the Corporation to
refinance the acquisition and construction of certain capital projects within the
geographic boundaries of the City; and
VvHEREAS, the 1996A Certificates are currently outstanding in the
principal amount of $1,505,000; and
VvHEREAS, the City, working together with the Corporation, has also
heretofore caused the execution and delivery of the $4,900,000 City of
Alameda Certificates of Participation X1996 Library and Golf Course Financing
Project} the "19968 Certificates"}, representing undivided proportional interests
of the owners thereof in lease payments to be made by the City as the rental
for certain property pursuant to a lease agreement with the Corporation to
finance the acquisition and construction of certain capital projects within the
geographic boundaries of the City; and
VvHEREAS, the ~ 9968 Certificates are currently outstanding in the
principal amount of $3,555,000; and
VvHEREAS, the City, with the assistance of the Alameda Public
Financing Authority the "Authority"}, has determined at this time, due to
prevailing interest rates in the municipal bond market and for other reasons, to
refinance its obligations with respect to the 1996A Certificates and the 19966
Certificates and to implement a lease financing for such purpose; and
VvHEREAS, it is in the public interest and for the public benefit that the
City authorize and direct execu#ion of the Lease Agreement thereinafter
defined} and certain other financing documents in connection therewith; and
UvHEREAS, a preliminary official statement containing information
material to the offering and sale of the Certificates described below has been
prepared on behalf of the City; and Resolution 3-B ~
~}
CC APFA CIC
46-43-08
VIIHEREAS, the documents below specified shall be filed with the City
and the members of the City Council, with the aid of its staff, shall review said
documents.
NSW, THEREFaRE, BE IT RESOLVED, as follows:
Section ~, Certificates of Participation X2008 Refinancing Project} the
"Certificates"} are hereby authorized to be executed and delivered pursuant to
the provisions of the Trust Agreement, as hereinafter defined.
Section 2, The below-enumerated documents be and are hereby
approved, and the Mayar, the City Manager or the Chief Financial officer, or
the assignee of any such official, is hereby authorized and directed #o execute
said documents, with such changes, insertions and omissions as may be
approved by such official, and the City Clerk is hereby authorized and directed
to attest to such official's signature:
~a} a site and facility lease, between the City, as lessor, and the
Authority, as lessee, pursuant to which the City will lease certain property the
"Property"} to the Authority;
fib} a lease agreement, by and between the Authority, as lessor, and the
City, as lessee the "Lease Agreement"}, pursuant to which the Authority will
lease the Property back to the City, so long as the total principal amount of the
Lease Agreement does not exceed $1,040,000, so long as the maximum
interest rate does not exceed 5.5°/0, and so long as the term of the Lease
Agreement does not exceed 21 years;
~c} a trust agreement, by and among the Authority, the City and Union
Bank of California, N.A,, as trustee the "Trust Agreement"}, relating to the
financing, and the execution and delivery of the Certificates; and
~d} a certificate purchase agreement, by and between Wedbush Morgan
Securities the "Underwriter"} and the City, relating to the purchase b the
., Y
Underwriter of the Certificates, so Fong as the Underwriter's discount does not
exceed .75% of the principal amount of the Certificates, exclusive of any
original issue discount which does not represent compensation to the
Underwriter.
Section 3. The City Council hereby approves the Preliminary Official
Statement describing the financing, in substantially the form on file with the Cif
. ., y
Clerk, together with any changes therein or additions thereto deemed advisable
by the Mayor, the City Manager or the Chief Financial officer, or the assi nee
.. g
of any such official. The City Counc~f authorizes and directs the Ma or, the Cit
. y y
fUlanager or the Chief Financial officer, or the assignee of any such official to
deem "final" pursuant to Rule ~ 5c2-~ 2 under the Securities Exchan a Act of
« g
1934 the Rule }the Preliminary Official Statement prior to its distribution b
. Y
the Underwriter,
_2_
Section 4. The Mayar, the City Manager or the Chief Financial Officer, or
the assignee of any such official, is authorized and directed to cause the
Preliminary Official Statement to be brought into the farm of a final official
statement the "Final Official Statement"} and to execute said Final Officia!
Statement, dated as of the date of the sale of the Certificates, and a statement
that the facts contained in the Final Official Statement, and any supplement or
amendment thereto which shall be deemed an original part thereof for the
purpose of such statement} were, at the time of sale of the Certificates, true
and correct in all material respects and that the Final Official Statement did not,
on the date of sale of the Certificates, and does not, as of the date of delivery
of the Certificates, contain any untrue statement of a material fact with respect
to the City or omit to state material facts with respect to the City required to be
stated where necessary to make any statement made therein not misleading in
the light of the circumstances under which it was made. The Mayor, the City
Manager or the Chief Financial Officer, or the assignee of any such official,
shall take such further actions prior to the signing of the Final Official Statement
as are deemed necessary or appropriate to verify the accuracy thereof, The
execution of the final Official Statement, which shall include such changes and
additions thereto deemed advisable by the Mayor, the City Manager or the
Chief Financial Officer, or the assignee of any such official, and such
information permit#ed to be excluded from the Preliminary Official Statement
pursuant to the Rule, shall be conclusive evidence of the approval of the final
Official Statement by the City.
Section 5. The Final Official Statement, when prepared, is approved for
distribution in connection with the offering and sale of the Certificates.
Section 6, The Mayar, the City Manager, the Chief Financial Officer, the
City Clerk and all other appropriate officials of the City are hereby authorized
and directed to execute such other agreements, documents and certificates as
may be necessary to effect the purposes of this resolution and the financing
herein authorized.
Section 7. This Resolution shall take effect upon its adoption by this City
Council.
*~**~*
~3-
I, the undersigned, hereby certify that the foregoing Resolution duly and
regularly adopted by and passed by the Council of the City of Alameda during
the Regular Meeting of the Ci#y Council on the 3r~ day of June, 2448, b the
Y
following vote to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
IN ~1111TNESS, UVHEREOF, I have hereunto set my hand and affixed the
official sea! of said City this day of June, 2408.
Lara Ulleisiger, City Clerk
City of Alameda
-4-
ALAMEDA PUBLIC FINANCING AUTHGRITY RESOLUTION NO,
APPROVING, AUTHGRIZING AND DIRECTING PREPARATIGN AND
EXECUTION GF CERTAIN LEASE FINANCING DOCUMENTS AND
AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH
RESPECT THERETO
E
0
y
~a
0
a
a
WHEREAS, the City of Alameda the "City"}, working together with the
Alameda Public Improvement Corporation the "Corporation"}, has heretofore
caused the execution and delivery of the $2,710,000 City of Alameda
Certificates of Participation X1996 Police Building and Equipment Refinancin
g
Project} the "1996A Certificates"}, representing undivided proportional interests
of the owners thereof in lease payments to be made by the Cit as the rental
Y
for certain property pursuant to a lease agreement with the Corporation to
refinance the acquisition and construction of certain capital projects within the
geographic boundaries of the City; and
WHEREAS, the 1996A Certificates are currently outstanding in the
principal amount of $1,505,000; and
WHEREAS, the City, working together with the Corporation, has also
heretofore caused the execution and delivery of the $4,900,000 Cit of
,. .. y
Alameda Certificates of Participation X1996 Library and Golf Course Financin
.. g
Project} the 19966 Certificates }, representing undivided proportional interests
of the owners thereof in lease payments to be made by the City as the rental
for certain property pursuant to a lease agreement with the Corporation to
finance the acquisition and construction of certain capital projects within the
geographic boundaries of the City; and
WHEREAS, the 19968 Certificates are currently outstanding in the
principal amount of $3,555,000; and
WHEREAS, the City has determined at this time, due to prevailin
, ., 9
interest rates ~n the munic~paf bond market and for other reasons, to refinance
its obligations with respect to the 1996A Certificates and the 19966 Certificates
and to implement a lease financing for such purpose, and the Cit has
,Y
requested the assistance of the Alameda Public Financing Authority the
"Authority"}, in connection with such financing; and
VIIHEREAS, it is in the public interest and for the public benefit that the
Authority authorize and direct execution of certain financing documents in
connection therewith; and
~11JHEREAS, the documents below specified shall be filed with the
Authority and the members of the Board of Directors, with the aid of its staff
shall review said documents, '
Resolution 3-B ~2}
CC APFA CIC
06-03-OS
N~tilll, THEREFORE, BE IT RESOLVED, as follows:
Section ~. The below-enumerated documents, substantially in the forms
on file with the Secretary, be and are hereby approved, and the Chair, the
Executive Director or the Treasurer is hereby authorized and directed to
execute said documents, with such changes, insertions and omissions as may
be approved by such official, and the Secretary is hereby authorized and
directed to attest to such official's signature:
~a} a site and facility lease, between the City, as lessor, and the
Authority, as lessee, pursuant to which the City will lease certain property the
"Property"} to the Authority;
fib} a lease agreement, between the Authority, as lessor, and the City, as
lessee the "Lease Agreement"}, pursuant to which the Authority will lease the
Property back to the City;
~c} an assignment agreement, by and between the Authority and Union
Bank of California, N.A., as trustee the "Trustee"}, pursuant to which the
Authority will assign certain of its rights under the Lease Agreement, includin
. 9
its right to receive lease payments thereunder, to the Trustee; and
~d} a trust agreement, by and among the Autharity, the City and the
Trustee, relating~to the financing and the execution and delivery of certificates
of participation evidencing the direct, undivided fractional interests of the
owners thereof in lease pa ments to be made b the Cit under the L
Y Y y ease
Agreement.
Section 2. The President, the Executive Director, the Treasurer, the
Secretary and other officials of the Authority are hereby authorized and directed
to execute such other agreements, documents and certificates as may be
necessary to effect the purposes of this resolution and the lease financing
herein authorized.
Section 3. This Resolution shall take effect upon its adoption by the
Board of Directors.
*******
-2-
!, the undersigned, hereby certify that the foregoing Resolution duly and
regularly adopted by and passed by the Board of Directors of the Alameda
Public Financing Authority during the Regular Meeting of the Authority on the
3rd day of June, 2008, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTENTl~NS:
IN vUITNESS, V1IHERE~F, I have hereunto set my hand and affixed the
official seal of said Authority this day of June, 20x8.
Lora vVeisiger, Secretary
Alameda Public Financing
Authority
-3-
UNAPPROVED
MINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY-- -MAY 6, 2008- -7 : 30 P. M.
Mayor Johnson convened the Regular City Council Meeting at 8:08
p.m.
ROLL CALL - Present: Councilmembers deHaan, Gilmore,
Matarrese, Tam, and Mayor Johnson - 5.
Absent: None.
AGENDA CHANGES
None.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
X08- } Proclamation declaring May as Older Americans Month.
Mayor Johnson read and presented the proclamation to Sebastian
Baldassarree and Jackie Krause representing Mastick Senior Center.
Councilmember deHaan stated that the Senior Center is rewarding and
draws people not just in Alameda but Oakland also; the activities
keep people young.
X08- } Proclamation declaring May 8 through 18, 2008 as
Affordable Housing Week.
Mayor Johnson read and presented the proclamation to Sue Sigler,
Alameda Point Collaborative ~APC} Executive Director.
Ms. Sigler stated that affordable housing covers a range of income
levels and different needs; Alameda is the home to the largest
supportive housing community in the East Bay and provides 25Q of
all the housing for homeless families in Alameda County; thanked
the community for continued support.
Councilmember deHaan congratulated Ms. Sigler on the breakfast
fundraiser held two weeks ago; stated the number of individual
businesses supporting the APC is impressive.
X08- } Proclamation declaring May 11 through 17, 2008 as
National Police Week.
Mayor Johnson read and presented the proclamation to Police Chief
Tibbet and Police Department staff.
Regular Meeting 1
Alameda City Council
May 6, 20Q8
The Police Chief thanked Council for the proclamation; stated a
memorial will be held on May 13 at 10:00 a.m.
CONSENT CALENDAR
Mayor Johnson announced that the Minutes [paragraph no. 08~- ];
recommendation to award Community Block Grant--funded Contract
[paragraph no. 08- ]; and Resolution Supporting Measure H
[paragraph no. 08- ] were removed from the Consent Calendar for
discussion.
Councilmember Matarrese moved approval of the remainder of the
Consent Calendar.
Vice Mayor Tam 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- 7 Minutes of the Regular City Council Meeting held on April
1, 2008; and the Special and Regular City Council Meetings held on
April 15, 2008.
Councilmember Matarrese requested that minutes of the April 1, 20D8
priority setting discussion be prepared.
Councilmember Matarrese moved approval of the April l5, 2008
Special and Regular City Council Meeting minutes.
Councilmember Gilmore seconded the motion, which carried by
unanimous voice vote - 5.
(*08- } Ratified bills in the amount of $4,173, 985.77
~*O8- ~ Recommendation to accept the Quarterly Investment Report.
Accepted.
(*08- } Recommendation to set June 3, 2008 as the Hearing date to
consider collection of delinquent business license fees via
property tax bills. Accepted.
(*08- 7 Recommendation to set June 3, 2008 as the Hearing date to
consider collection of delinquent administrative citation fees via
property tax bills. Accepted.
(08- } Recommendation to award Community Development Black
Grant-funded Contract in the amount of $96,400 to AJW Construction,
Inc., and authorize a 10% contingency in the amount of $9,640 for
the construction of Disabled Accessible Curbs and ramp for 37
Regular Meeting ~
Alameda City Council
May 6, 2008
locations at Alameda Point.
Councilmember deHaan inquired whether it would be better to use
money generated by the Alameda Point project for access curbs.
The Development Services Director responded knowing when physical
improvements will be made is difficult; stated Community
Development Block Grant ~CDBG~ funding is focused on architectural
barrier removal to ensure that people have access to public
streets; CDBG funding is focused on low and moderate income areas.
Councilmember deHaan moved approval of the staff recommendation.
Councilmember Matarrese stated it is important to keep an account
of infrastructure improvements being made to land that the City
does not own.
The Development Services Director stated the APC has a long-term,
legally binding agreement.
Councilmember Matarrese stated the City needs to ensure that the
Navy understands what the City is putting into land that the City
does not own.
Sue Sigler, APC Executive Director, stated a number of people use
wheelchairs for transportation and currently ride in the streets
because sidewalks do not have curb cuts; the project is important
to certain members of the community.
Councilmember deHaan stated Council is questioning the funding
y sources, not the need; the Alameda Point project is concerning; the
money [CDBG funds] could be used elsewhere if other funding were
available.
Vice Mayor Tam stated there is a clear need for Americans with
Disabilities Act ~ADA7 access, particularly in the APC area;
inquired whether future generated lease revenues could repay the
CDBG fund so that the money could be used for other services;
stated CDBG funding has been cut at the federal level; limited
resources are stretched.
The Development Services Director responded that she would review
other opportunities; stated CDBG funding has a cap on support
services; opportunities might be available to repay the amount and
spend the money in other ways.
Mayor Johnson stated the ADA is federal law; inquired whether the
federal government should pay to make the property accessible;
Regular Meeting 3
Alameda City Council
May 6, 2~~8
stated lease revenues need to pay for maintenance.
The Development Services Director stated CDBG funding requires that
a certain amount of money be spent at certain times.
Councilmember Matarrese stated the City needs to request money from
the Navy and document such efforts; a balance sheet is needed; the
City could make deductions when the price of the transfer is
determined.
Councilmember deHaan stated that various organizations requested
funding at the last Council meeting; inquired whether the $100,000
could go to another organization.
The Development Services Director responded in the negative; stated
only a certain percentage can be spent on safety net services.
Mayor Johnson inquired whether the $1DD,000 could be used on the
West Alameda Neighborhood Improvement Project.
The Development Services Director responded approximately $900,000
has been pledged to said project.
Mayor Johnson stated the City has needs; the preference is to use
federal money on federal property and use City funds for City
projects.
Councilmember Matarrese stated the Navy should be asked to pay [for
improvements] and that a ledger on spending be kept.
By consensus, the motion carried by the following voice vote - 5.
~*08- } Recommendation to award Contract in the amount of
$72,692, including contingencies, to Universal Building Services
for janitorial services in City buildings, No. P.W. 01-D8-01.
Accepted.
~*08- } Recommendation to award Contract in the amount of
$205,104, including contingencies, to Enviroscapes, Inc. for
landscape maintenance of median strips and special areas, No. P.W.
01-08-02. Accepted.
~*OS- } Recommendation to adopt Plans and Specifications and
authorize Call for Bids for Rittler Park irrigation and field
renovation improvements, No. P.W. 11-07-34. Accepted.
(*08- } Resolution No. 14202, "Preliminarily Approve Annual
Report Declaring Intention to Order the Levy and Collection of
Regular Meeting 4
Alameda City Council
May 6, 208
Assessments and Providing for Notice of Public Hearing on July 1,
2008 - Island City Landscaping and Lighting District 84-2."
Adopted.
~*08 } Resolution No. 14203, "Preliminarily Approve Annual Report
Declaring Intention to order the Levy and Collection of Assessments
and providing for Notice of Public Hearing on July 1, 2008 -
Maintenance Assessment District Ol-O1 Marina Cove}." Adopted.
~*08- } Resolution No. 14204, "Directing Staff to Take Necessary
Steps to Proceed with the Dissolution of the Non-Profit
Corporation, Alameda Senior Citizens, Inc." Adopted.
~*08- } Resolution No. 14205, "Approving Continued Participation
in the Alameda County HOME Consortium and Authorizing the City
Manager to Execute the HOME Consortium Cooperative Agreement with
Alameda County." Adopted.
X08-. } Resolution No. 14206, "Supporting Measure H, the Alameda
Unified School District Temporary Emergency Parcel Tax." Adopted.
David Forbes, Alameda Unified School District Board of Education,
expressed appreciation to the Police Department in providing
services to the School District; stated the State budget is in
worse condition than on January 10; a parcel tax is the only way
the School District can raise revenue; the recommended parcel tax
equates to $10 per month [per parcel] for four years; requested
Council support.
Councilmember Matarrese moved adoption of the resolution.
Vice Mayor Tam stated the City's quality of life is tied to the
quality of schools; it is incumbent upon the community to support
Measure H; waiting for the State to solve the budget will cause
students to suffer.
Vice Mayor Tam seconded the motion.
Under discussion, Councilmember Matarrese stated Assemblymember
Swanson held a hearing on Saturday at Encinal High School; the
State budget is in bad shape; fixing the budget will take a long
time.
Councilmember deHaan noted that the Recreation and Park Department
also supports the School District.
On the call for the question, the motion carried by the following
voice vote - 5.
Regular Meeting 5
Alameda City Council
May 6, 2008
REGULAR AGENDA ITEMS
X08- } Recommendation to review Charter Amendments for the
November 2008 Ballot.
Vice Mayor Tam stated the subcommittee is recommending a cleanup
package and is seeking Council direction on seven substantive
changes; outlined non-substantive and substantive changes.
Regarding the seventh substantive amendment to Article lll, Section
15, the Public Works Director stated both Approach A [providing
authority to staff to bind the City] and Approach B [requiring
ratification by Council] would work; the concern with Approach B it
that staff might not be able to get the contact to Council in time
and the $75,000 limit could be exceeded.
Councilmember deHaan inquired which approach is recommended [by the
subcommittee].
Councilmember Gilmore responded the concern with Approach B is that
contractors may be hesitant to commit resources if there is a
question as to whether Council would ratify the action at the back
end; stated Approach A would give staff more flexibility; the
subcommittee did not have a recommendation, but felt it was
necessary to point out the potential disadvantage to Approach B.
Mayor Johnson inquired whether having an ordinance would be better;
stated there should be more flexibility in the Charter.
Councilmember Matarrese stated that he does not see any practical
difficulty with Approach B; getting Council together would not take
long; he cannot see committing to huge fob without polling Council.
Mayor Johnson stated a time period is not noted; that she does not
think Approach A is the best choice.
Councilmember deHaan stated there was a lengthy discussion of
Approach B in the past.
Vice Mayor Tam stated a recommendation has been made not to have a
specific provision in the Charter and deal with the matter by
ordinance.
The City Attorney stated that Section 3-15 requires competitive
bidding; the Charter would need to be amended in order to forego
competitive bidding in an emergency situation.
Councilmember Matarrese inquired whether the intent is to forego
Regular Meeting
Alameda City Council
May 6, 2008
competitive bidding, not forego Council approval of contracts over
$75,000, to which the City Attorney responded in the affirmative.
Councilmember Matarrese stated that he prefers Approach B.
Vice Mayor Tam inquired whether Council wants to include seven
measures separate from the cleanup package on the November ballot
and include Approach B, to which Council responded in the
affirmative.
Councilmember Gilmore stated that there would be a total of eight
ballot measures; the first measure would include all the non
substantive cleanup language; the next seven measures would address
substantive issues and would have individual initiatives.
Mayor Johnson inquired whether all seven issues are substantive,
not administrative, to which the City Attorney responded in the
affirmative.
Councilmember Gilmore stated discussions involved opportunities for
public input; the subcommittee suggested scheduling a meeting in
May, June, or July, depending upon attendance at the first meeting;
the subcommittee was concerned there would be voter fatigue if too
many measures were on the ballot; the subcommittee, with Council
consent, suggested that the City Manager hold a workshop as early
as January 2009 to address the remaining items; Council could
discuss the issues, get clarification, and devise a plan for public
discussion and input.
Councilmember Matarrese stated the notion should be tested for
adding three or four additional items as long as there is a public
workshop on proposed Charter changes; the proposed revision
requiring the appointment of departments heads to be on the advise
and consent of Council is a modernization and transparency in
government that provides checks and balances.
Councilmember Gilmore stated that she respectfully disagrees;
Councilmember Matarrese's suggestion is counter to the foundation
of the Charter; Alameda does not have a strong Mayor or Council
form of government; the citizens would be asked to change the way
the City is governed.
Mayor Johnson stated that she does not see a problem with starting
public discussion.
Councilmember deHaan stated issues could be brought back to Council
after public discussion.
Regular Meeting 7
Alameda City Council
May 6, 2008
Councilmember Gilmore stated the subcommittee identified Charter
sections that Council wanted to review; other sections of the
Charter need to be reviewed for consistency.
Mayor Johnson stated that starting public discussion does not hurt;
she does not agree with all recommendations, such as Board and
Commission issues.
Vice Mayor Tam stated that there is a desire to expand the scope of
the initial workshop beyond the eight identified issues; the City
Attorney's office has other priorities; requested input on the City
Attorney office's ability to support and provide framing of the
2009 issues.
The Senior Assistant City Attorney stated every effort would be
made; the timeline is tight for a final vote by July 15.
Councilmember deHaan stated that he does not believe some of the
issues are difficult.
Vice Mayor Tam stated that consideration needs to be given to
framing the practicalities of the Mayor's and Councilmembers'
compensation.
Councilmember Matarrese stated that he would like to have the
November ballot include the proposed revision requiring the
appointment of department heads to be on the advice and consent of
Council; he will not support the compensation issue.
Councilmember deHaan stated that he was trying to clean up language
and past confusion regarding Section 2-11; he would like to have
the same language extended to Commissions or to take the section
away.
Mayor Johnson stated that removing the section might be the
solution; State law governs conflict of interest.
Councilmember Matarrese stated the matter is a clean up issue.
Mayor Johnson concurred.
Councilmember deHaan stated Section 12-4 ~d} reads the Public
Utilities Board PUB} shall "prepare and adopt an annual budget;"
suggested that the Section be changed to state that the annual
budget would be recommended to Council.
Mayor Johnson inquired whether the change would be consistent with
everything else regarding the PUB.
Regular Meeting 8
Alameda City Council
May 6, 2008
The City Attorney responded that she could not answer tonight.
Councilmember deHaan stated the issue is a little more involved;
that he is concerned about having the City Manager sit on the PUB.
Mayor Johnson inquired whether a Charter provision could state that
the PUB recommends a budget to Council for approval.
The City Attorney responded the matter could be reviewed; stated
the question is how soon the Council wants the analysis and whether
it would fit into the July 15 timeline.
Councilmember Matarrese inquired whether the eight provisions
require other work to get the items on the ballot.
The City Attorney responded each ballot measure needs a description
of five hundred words or less.
Councilmember Matarrese stated that he would like to have his
proposed Charter amendment discussed at the workshop.
Councilmember deHaan stated a decision could be made tonight on
Sec. 2-11; the language could be deleted or made consistent by
adding Commissions.
The City Attorney stated presently there are twenty-six Boards and
Commissions; only four are Charter Boards; the issue is a
significant alteration; language has been drafted already; it is
possible to prepare a description of Councilmember deHaan's intent;
the matter would be a stand alone measure.
Councilmember deHaan stated the idea is to strike the Section and
defer to State law.
The Senior Assistant Attorney stated Section 2-11 is more
restrictive than State law; the change would be substantive.
Mayor Johnson inquired whether said issue would need to be a
separate item, to which the Senior Assistant Attorney responded in
the affirmative.
Mayor Johnson inquired whether Councilmember Matarrese's item would
be separate item.
The City Attorney responded in the affirmative; stated an analysis
has not been done to see if changing the Charter in one specific
place would require other changes that have to do with the existent
Regular Meeting g
Alameda City Council
May 6, 2008
City Manager authority.
Mayor Johnson stated people complain to Council regarding aspects
of City government; Council has no control over the matter because
of the way the Charter is drafted; Council always get the blame
when bad things happen even though Council has no control.
Councilmember Matarrese stated that he prefers to think of the
matter in terms of accountability.
Mayor Johnson stated that Council needs to have more power to hold
people accountable.
Uice Mayor Tam stated that the Charter gives the Council authority
to hold the City Manager, City Attorney, and City Clerk
accountable.
Michael John Torrey, Alameda, stated that he would hold his
comments until the public workshops.
Bill Smith, Alameda, discussed community involvement.
Councilmember Gilmore stated the proposed Article 7 revision should
be discussed at the next workshop; Council wants to delete the
Section 2-11 provision and see what can be done to place the matter
on the 2008 ballot; stated she did not hear any consensus from
Council regarding Board and Commission nominations.
Mayor Johnson stated Board and Commission nominations would create
a rotating Mayor; the City has a directly elected Mayor; she would
be opposed to the change; the matter would create a hybrid system
and a rotating mayor process.
Councilmember deHaan stated that he would like to have further
discussion on the matter.
Vice Mayor Tam stated the direction is for the subcommittee to
review three or four items in addition to the eight items being
considered for a public workshop.
Mayor Johnson stated the additional items could be discussed at the
workshop.
Councilmember Gilmore stated a lot depends on how quickly workshops
are scheduled and the City Attorney's workload.
Vice Mayor Tam suggested the seven items and cleanup package be
discussed at the first workshop; stated the City Attorney's office
Regular Meeting 1 ~
Alameda City Council
May 6, 2aae
would have additional time to frame and research Charter
consistency of the other items raised and place the items on a
subsequent workshop before July 15.
Mayor Johnson, Councilmember Matarrese, and Councilmember deHaan
concurred with Vice Mayor Tam's suggestion.
Councilmember Gilmore stated that she would like to have the
ability to preview Council on what will be presented at the second
workshop if there is enough time between the first and second
workshop.
Councilmember Matarrese stated there is consensus that the clean up
language and the other seven items will be on the November ballot.
Vice Mayor Tam noted that the City Manager is having budget
workshops in the next few months.
Mayor Johnson stated there might be an Alameda Power and Telecom
item for the November 2008 ballot.
Vice Mayor Tam stated it is important that the voters do not get
fatigued.
Mayor Johnson stated that she would not be surprised if a third
round of Charter amendments was needed.
X08- ~ Recommendation to consider Call for Review of
Transportation Commission's decision regarding proposed parking
restrictions along Central Avenue to improve traffic circulation
and emergency access.
The Supervising Civil Engineer gave a brief presentation.
Mayor Johnson stated the Transportation Commission did not vote to
deny the staff recommendation; there were not enough votes to
accept the recommendation; a motion to deny the staff
recommendation was not made.
The Supervising Civil Engineer stated the final vote was five to
two not to support the staff recommendation.
Mayor Johnson stated it is important to be clear on what is
consensus and what is direction; expressions are not direction.
Councilmember Gilmore stated the environmental document notes that
there will be half a block queing in 2020; inquired whether said
document considered the historic theater and Cineplex no parking
Regular Meeting 1
Alameda City Councii
May 6, 2008
zone.
The Supervising Civil Engineer responded the analysis focused on
significant criteria; stated traffic signal operations were
reviewed; parking in front of the theater was not addressed because
the issue was not significant.
The Police Lieutenant gave a brief presentation.
Vice Mayor Tam stated the traffic study assumed 1000 occupancy in
2445 and found that there was no emergency access impact; the
Transportation Commission looked at unintended safety consequences
from creating a defacto right-turn lane; Oakland Chinatown has an
incredible amount of pedestrian traffic; the Metropolitan
Transportation Commission put in bulb-outs; viewing bulb-outs as
being a potential problem seems counter intuitive.
Mayor Johnson stated John Knox-White thinks that Central Avenue is
effectively being widened, which is unsafe.
The Police Lieutenant stated the lane widths would remain exactly
the same whether there is metered parking or passenger loading
zones.
Mayor Johnson stated that Mr. Knox-White stated that the proposed
right-turn lane creates a possible safety hazard for pedestrians by
increasing the number of traffic lanes.
The Police Lieutenant stated people go around stopped traffic by
crossing bike lanes, which is perfectly legal; the Transportation
Commission's main focus was on pedestrian and bicycle traffic;
congestion is expected in a downtown area and can be a good thing
for overall safety because traffic slows down; the concern is that
emergency vehicle access would be impeded.
Mayor Johnson stated adjustments can be made; bulb-outs would
create a problem.
The Police Lieutenant stated there is concern about whether the
Fire Department could make the right turn in the event of an
emergency at the garage or the 1400 block of Oak Street.
Mayor Johnson stated that merging in and out [of the bike lane] is
a safety issue; there is no disagreement about the parking on
Central Avenue.
Councilmember deHaan stated the bicycle lane could be crossed three
times just to get around the corner.
Regular Meeting ~ 2
Alameda City Council
May 6, 2Q08
The Police Lieutenant stated enforcement would be increased; the
vehicle code allows for three circumstances when crossing a bike
lane: 1~ entering and existing the roadway; 2~ parking; 3~ setting
up for a turn when within 200 feet of an intersection.
Councilmember Gilmore inquired whether emergency vehicles would not
use any part of the loading zone, to which the Police Lieutenant
responded in the negative.
Councilmember deHaan stated that many intersections have defacto
turn lanes that work well.
Mayor Johnson stated there are defacto turn lanes everywhere in
Alameda.
Michael Krueger, Alameda, stated that he does not oppose parking
removal, loading and drop zones, or emergency access; he is
concerned with the creation of the defacto right turn lane; other
alternatives should be explored, i.e., bulb-outs or an official
right turn lane; a temporary measure could be taken with the intent
of a more elegant solution in the future; he would like to see the
drop off zone and emergency access in place for the grand opening
[ of the theater ] .
Mayor Johnson stated that the Police Department believes their
recommendation is safer.
Ricardo Pedevilla, Bike Alameda, stated that he is concerned with
the loading zone.
Debbie George, Park Street Business Association ~PSBA~, stated that
PSBR supports the staff recommendation.
Robb Ratto, PSBR, stated the Transportation Commission did not
recommend anything at its last meeting; that he made a motion to
accept the staff recommendation, which was seconded by another
member; the vote was lost five to two; the Transportation
Commission decided to move on to other business; he does not think
that an emergency vehicle would be able to make a right-hand turn
with a bulb--out at the corner; suggested that the issue be reviewed
after 90 days.
Kyle Conner, Cineplex Developer, stated that he concurs with the
Police and Fire Department recommendation.
Councilmember Matarrese stated that he has concerns regarding the
right-hand turn lane onto aak Street; he does not like bulb-outs or
Regular Meeting 1 3
Alameda City Council
May 6, 2008
people crossing in and out of bike lanes; Oakland's Chinatown has a
scramble-type intersection that works very well; he would like to
have some type of signal and pedestrian management to ensure that
the rules are clear on yielding to pedestrians trying to cross from
the Twin Towers side to the Cineplex; the Central Avenue and Oak
Street intersection differs from Oak Street and Santa Clara Avenue;
he likes the recommendation for the loading zone and parking zone;
inquired whether the area could be signalized.
The Supervising Civil Engineer responded a sign would be installed
to remind motorists to yield for pedestrians.
Councilmember Matarrese inquired whether a signal would be an
option.
The Supervising Civil Engineer responded pedestrian volumes need to
be reviewed.
Mayor Johnson stated the [Oakland Chinatown] scramble-type
intersection works well; the City of Oakland had people directing
and providing information to pedestrians on how to use the
intersection.
Vice Mayor Tam stated a Metropolitan Transportation Commission
grant provides for the construction of bulb-outs at the Chinatown
intersection to allow for pedestrian safety.
Mayor Johnson stated the streets are very wide in the Chinatown
area.
The Supervising Civil Engineer stated that the scramble-type
intersections are successful if surrounding streets are not close
to an area such as Park Street.
Councilmember Matarrese stated the concept is to protect the
crossing in front of the right-hand turn.
Councilmember deHaan stated a formal right-hand turn lane could be
reviewed and should be included in the analysis.
Councilmember Matarrese moved approval of the staff recommendation
with the following direction: a report be brought back ninety days
after the Theater opens; the Police Department is to provide
enforcement and education; and that any mitigations brought back be
reviewed by interested parties.
Councilmember deHaan seconded the motion.
Regular Meeting 1 4
Alameda City Council
May ~, 2008
Under discussion, Vice Mayor Tam stated that she will not support
the motion; the 2005 traffic and parking study did not identify an
access issue; a change is being proposed with the idea of waiting
to see if the change is problematic; the process seems a little
backwards; she does not understand why the Police and Fire
Departments went to the Transportation Commission rather than
Council; there was not enough time to have a full discussion to
provide strategic alternatives that would make sense for everyone.
Mayor Johnson stated the Transportation Commission did not make a
recommendation; that she does not think the Police Department's
recommendation should be portrayed as wait and see; the Police
Department is recommending what they believe is safe.
Councilmember Matarrese stated that his motion is not intended to
be a wait-and-see approach and includes having Police Department
representatives at the intersection at peak times to provide
information, direct traffic, and provide enforcement as needed; he
does not support putting in hard construction measures without
additional data.
Councilmember Gilmore stated that she is in favor of the commercial
and passenger loading zones; she is concerned about the extra red
curbing on the corner because of people pulling out around cars
making left turns, the defacto right-turn lane, and pedestrians
crossing the street; she would not want to put in hard construction
measures but would be in favor of putting in same planters to
prevent the defacto right turn lane; she will not support the
motion.
on the call for the question, the motion carried by the following
voice vote: Ayes: Councilmembers deHaan, Matarrese, and Mayor
Johnson - 3. Noes: Councilmembers Gilmore and Tam -2.
X08- } Public Hearing to consider Green Building Requirements
for City building projects, Capital Improvement Projects, and
public--private partnerships and adoption of a 75o waste diversion
goal;
X08- A} Resolution No. 14207, "Establishing a Goal of 750
Reduction of Waste Going to Landfills by 2010 for the City of
Alameda in Accordance with the Countywide 75o Waste Reduction
Goal." Adopted; and
X08- B} Introduction of ordinance Amending the Alameda Municipal
Code by Amending Chapter xIII Building and Housing} by Creating a
Civic Green Building ordinance. Introduced.
Regular Meting 1 5
Alameda City Council
May G, 2048
The Supervising Planner gave a brief presentation.
Councilmember Gilmore inquired how much the Leadership in Energy
and Environmental Design [LEEDS criteria adds to the construction
cost, to which the Supervising Planner responded the ordinance
would mandate the minimum level.
Councilmember Matarrese inquired how the $3 million figure was
arrived.
The Supervising Planner responded the model ardinance was used from
Stopwaste.
Mayor Johnson inquired whether the proposed ordinance would apply
to the buildings at the former Base, to which the Supervising
Planner responded in the affirmative.
Councilmember Matarrese inquired whether exceptions would be made
for housing developments that have a single builder with individual
homes that do not exceed the $3 million.
The Supervising Planner responded the Shensei Gardens Apartments
and Bayport would fall under the proposed ordinance.
Councilmember Matarrese inquired whether the six unit affordable
housing project on Buena Vista Avenue would be looked at as a
whole.
The Supervising Planner responded in the negative; stated each unit
has a separate permit.
In response to Councilmember deHaan's inquiry about the 75o waste
diversion goal, the Environmental Services Manager stated the 750
reduction goal is already in place for the City as a whole.
Vice Mayor Tam stated that the City is not that far from the
proposed 75o goal.
The Environmental Services Manager stated the City's diversion rate
is 580.
Mayor Johnson stated some cities have not adopted food waste
recycling; Alameda is leading the pack in recycling.
Vice Mayor Tam moved adoption of the resolution and introduction of
the ordinance.
Councilmember Matarrese seconded the motion, which carried by
Regular Meeting l
Alameda City Council
May G, 2008
unanimous voice vote - 5.
X08- ~ Recommendation to review options for community
participation in implementation of the Local Action Plan for
Climate Protection.
The Planning and Building Director gave a Power Point presentation.
Bill Smith, Alameda, discussed alternative energy.
Councilmember Matarrese stated that he appreciates and supports the
proposed committee structure; the partnership provides the broadest
possible scope for dealing with a community issue, not just a City
issue; he appreciates having tasks aligned with priorities as well
as due dates; measuring the progress to the plan will be very
effective; he would like to see a way to add a more detailed
breakdown of the steps that go to accomplishing some of the items
from the City side as well as the public side; he appreciates all
the work done by the Task Force and staff.
Councilmember deHaan stated Assembly Bill 32 requires getting back
to the 1990 level; inquired what was the level of emissions at that
point.
The Planner I responded staff was unable to calculate back to 1990
because there is a lack of data from PG&E.
Vice Mayor Tam stated that forming a public-private partnership
makes the most sense since the City's facilities are only 30 of the
overall impact; she would like to see if there is a way the broader
group can provide some feedback to the City's Capital Improvement
Projects to see if there are opportunities to implement some of the
actions.
The Planning and Building Director stated the annual and bi-annual
budget review provide a perfect opportunity to start working with
the whole group.
Vice Mayor Tam moved approval of the staff recommendation.
Councilmember Matarrese seconded the oration.
Under discussion, Councilmember Gilmore stated that she appreciates
the amount of work done; she is sensing a lot of enthusiasm from
staff as well as the former Climate Protection Task Force; the
enthusiasm will translate well into the larger community.
Councilmember Matarrese suggested some type of public recognition
Regular Meeting 1
Alameda City Council
May 6, 2008
for the work done by the Task Force; requested that the
presentation be posted to the website and that future Power Point
presentations be included in the packet.
On the call for the question, the motion carried by unanimous voice
vote - 5.
(D8- } Resolution No. 14208, "Opposing Proposition 98 and
Supporting Proposition 99." Adopted.
The Deputy City Manager gave a brief presentation.
Mayor Johnson inquired whether CalTrans would be able to use
eminent domain to do road improvements under Proposition 98.
The Deputy City Manager responded said improvements would be more
difficult and costly.
Mayor Johnson stated the City's redevelopment ordinances do not
allow taking of residential property.
Councilmember Matarrese moved adoption of the resolution.
Councilmember deHaan seconded the motion, which carried by
unanimous voice vote - 5.
ORAL COMMUNICATIONS, NON-AGENDA
(08- ~ Robb Ratto, PSBR, stated C-C Zoning was created for the
Park Street Business District; a Park Street Business District
member was informed that a Use Permit is needed to change an
address; the Use Permit would cost $1,800; the business should have
been included as an approved usage, especially on a second floor;
there is not enough differentiation between first floor non-retail
and second floor usage; requested that staff be directed to work
with PSBR to rewrite portions of the C-C Zoning.
Mayor Johnson stated that she is familiar with the issue.
Mr. Ratto stated yoga studios should have been included as
permitted uses on second floors.
The City Manager stated that staff would follow up on the matter.
(08- 7 Michael John Torrey, Alameda, extended Happy Mother's Day
wishes.
(08- } Bill Smith, Alameda, discussed global wealth.
Regular Meeting 1 g
Alameda City Council
May 6, 2008
COUNCIL REFERRALS
None.
COUNCIL COMMUNICATIONS
X08- } Consideration of Water Emergency Transportation Authority
Community Advisory Committee appointment.
Mayor Johnson suggested that Councilmember Gilmore be appointed to
the Committee and Councilmember deHaan serve as the alternate.
Councilmember Matarrese moved approval of appointing Councilmember
Gilmore as the City's representative and Councilmember deHaan as
the alternate.
Vice Mayor Tam seconded the motion, which carried by unanimous
voice vote - 5.
X08- } Consideration of Mayor's nomination for appointment to
the Planning Board.
Mayor Johnson nominated Arthur A. Autorino.
X08- } Councilmember Gilmore stated that she attended the
Association of Bay Area Governments ~ABAG} Spring General Assembly
on April 24; discussions included focused, priority development
areas; speakers explained that change should not be confused with
growth because change does not always equal growth; change can
happen without growth; growth should be discussed in terms of
quality of life, rather than number of businesses; communities
should know that change or growth may require trade offs.
X08- } Vice Mayor Tam stated that she attended the April 2
Environmental Policy Committee far the League of California Cities;
the League is converging on supporting legislation that would
extend universal waste disposal responsibility to the original
producer so that cities and counties are not left with
responsibility and costs for disposal alternatives; the diversion
rate was also discussed; Alameda has an exceptional record; stated
that she attended the League of California Cities Legislative
Action Day on April 1~; the budget overshadowed the conversation;
Finance Director Michael Genest gave his prospective on the grim,
Statewide budget; Mr. Genest stated that the Vehicle License Fee
tax cut is the most significant cause of State budget problems; a
balanced budget is not anticipated this summer; stated that she
attended the April 28 luncheon for Breathe California; Alameda
Power and Telecom received an award for achieving approximately 70a
Regular Me~tinq 1 9
Alameda City Council
May 6, 2006
renewable resources.
SOS- ~ Councilmember Gilmore stated that she attended the
Oakland Airport Community Noise Management Forum on April 16; the
community watchdog group works very hard with the Port of Oakland,
and specifically the airport, to track flight compliance procedures
over Alameda, San Leandro, and the rest of the East Bay; a Federal
Express pilot gave a presentation regarding the current number of
old, noisy airplanes and when said planes would be disposed.
~O8- 7 Mayor Johnson stated that she attended the Northern
California Power Agency Legislative Advocacy Conference; Alameda
should be very proud of receiving the Breathe California award;
Senator Feinstein's or Senator Boxer's office inquired about a
proposal to have environmental block grants distributed directly to
cities; a letter should be sent supporting the proposal because the
grants would help with environmental sustainability initiatives;
the issue was discussed at the Mayor's Conference.
The Deputy City Manager stated a $2 billion authorization passed
approximately a year ago; currently, work is being done on
appropriations of said funds.
ADJQURNMENT
There being no further business, Mayor Johnson adjourned the
Regular City Council Meeting at 11:26 p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
Regular Meeting ~ O
Alameda City Council
May 6, 2D08
uN~P~o~D
MINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY - - - - -~ - MAY 2D, 2008 - - - w 7:30 P.M.
Mayor Johnson convened the Regular City Council Meeting at 7:55
p.m.
ROLL CALL - Present: Councilmembers deHaan, Gilmore, Matarrese,
Tam, and Mayor Johnson - 5.
Absent: None.
AGENDA CHANGES
~0$- } Mayor Johnson addressed the Resolution of Appointment
[paragraph no. 08- ~ before the Consent Calendar.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
~0$- } Presentation by Bill McCarnmon on the East Bay Regional
Communications System.
Bill McCammon, East Bay Regional Communications System Authority
Executive Director, gave a Power Point presentation.
Mayor Johnson stated that cities need to know infrastructure and
ongoing operation and maintenance costs; inquired when said costs
will be known.
Mr. McCarr~morn responded CTA Communications is starting an evaluation
next week; stated the second phase of CTA Comrnunicationsf Contract
is to help put together bid specifications for the remaining
purchase of the system; the plan is to work with the Finance
Committee in the next six months to get a handle on costs.
Mayor Johnson inquired whether grant funds would pay for the on-
going operations and maintenance.
Mr. McCarnmon responded grant funds would be used to purchase
infrastructure; stated on--going operation and maintenance costs
would not qualify under grant funding and would be borne by local
participating jurisdictions on a per-radio Cost.
Mayor Johnson stated the City would not commit until costs are
known.
Mr. McCammon stated no jurisdiction has committed beyond the $100
per radio; each jurisdiction would have the opportunity to decide
Regular Meeting 1
Alameda City Council
May 20, 2008
whether or not to continue.
Mayor Johnson inquired whether ongoing operation and maintenance
costs would be known within the next six months.
Mr. McCammon responded in the affirmative; stated being part of a
regional system versus a stand-alone system allows far a 4Q°s
savings because of the economy of scale.
Councilmember Matarrese stated that he is concerned that Oakland is
not part of the system; Oakland would be the first responder for a
large event in Alameda; inquired whether staff is talking to
oakland .
The Fire Marshall responded Oakland has loaned Alameda compatible
portable radios; Alameda and Oakland would have interoperability
when both cities have the P25 Compliant Communications System in
place.
Councilmember Matarrese inquired whether buying into Oakland's
system would be cheaper, to which the Fire Marshall responded that
he did not know.
Councilmember Matarrese stated staff should ask Oakland about the
cost to have competition.
The Fire Marshall stated Alameda will be able to communicate with
oakland even though oakland is not Qn the East Bay Regional
Communications System ~EBRCS~; Lawrence Livermore National
Laboratory and Alameda County Emergency Medical Services ~EMS~
District will be part of the EBRCS system; he would be glad to
entertain discussions with oakland.
Mayor Johnson inquired how much Alameda pays for the current
system, to which the Fire Marshall responded said numbers will be
provided.
Councilmember deHaan inquired whether the EBRCS would pyramid up to
the State level.
Mr, McCan~mon responded the EBRCS would meet the guidelines; stated
the systems would be able to connect together; State agencies would
be able to roam onto the systems.
Cauncilmember deHaan inquired whether other counties are looking at
the same system.
Mr. McCamman responded other counties are doing similar things;
Regular Meeting Z
Alameda City Council
May 20, 2008
regional efforts are not as together as Alameda County.
Councilmember deHaan inquired whether Motorola is the only
provider.
Mr. McCammon responded the first standard completed was far the
common air interface which allows radios to work ors P25 compliant
systems; stated agencies will not be bound to Motorola radios.
Vice Mayor Tam stated the East Bay Municipal Utility District
~EBMUD~ uses the conventional system; inquired about other
utilities, such as Pacific Gas & Electric LPG&E~.
Mr. McCamman responded EBMUD will became a member; stated EBMUD
sites are being used for infrastructure; discussions with PG&E
would be inititated as things progress.
Councilmember Gilmore inquired how the system would future-proof
itself .
Mr. McCammon responded changes are being made from analog to
digital technology; stated digital technology requires software
changes; fifteen years is a reasonable time for a digital platform;
software upgrades would be needed, rather than whole scale hardware
replacement.
Mayor Johnsen inquired whether transmitters and repeaters would be
Motorola..
Mr. McCammon responded the standard has not been flushed out;
stated sites have to be tied into the same vendor system when a
master site controller is bought; radios could be any vendor that
works on the system.
Mayor Johnson inquired whether other vendors make systems that are
not proprietary, to which Mr. McCamrnon responded in the negative.
Mayor Johnson inquired whether everything would be interoperable
with the P25 Phase 2 compliance.
Mr. McCammon responded the standard has five suites; stated
logistical problems would be created on how the Fire Department
would be dispatched if Alameda decided to go with Oakland.
Councilmember deHaan inquired whether Alameda uses Nextel for some
communications.
The Fire Marshall responded in the affirmative; stated Nextel has a
Regular Meeting 3
Alameda City Council
May ~0, 268
direct connect; Nextel customer service and coverage is very poor
at this time; staff is evaluating different providers.
Councilmember deHaan inquired whether Nextel is low tech.
The Fire Marshall responded in the affirmative; stated Nextel is
not reliable when there is a lot of radio traffic.
Councilmember deHaan inquired whether multiple systems would be
used.
The Fire Marshall responded the P25 system would require only one
system.
Mr. McCammon stated VHF Very High Frequency will never go away
because of fire service Statewide responsibilities for mutual aid;
the system will have a VHF overlay to handle rural areas.
Councilmember Gilmore inquired when the system would become
operational,
Mr. McCammon responded some sites are being brought on now; stated
he would expect the system to came to the western side of Alameda
County late next year.
Councilmember Gilmore inquired whether the western side of Alameda
County would be the first area.
Mr. McCammon responded units should be working in eastern Alameda
County by the end of the year.
Councilmember Gilmore stated costs estimates should be available by
the end of the year; inquired whether real-world field testing
would be available once eastern Alameda County units are working.
Mr. McCammon responded in the affirmative; stated real-world
testing would be done before anyone comes on to ensure that the
system performs in the way it is designed to perform; ratios
purchased would be compatible on the new system because Alameda is
an the County's 800 MHZ system.
Mayor Johnson inquired whether the EBRCS operates on $00 MHz.
Mr. McCammon responded in the affirmative; stated 7DD MHz would be
available and would fold into the system.
Mayor Johnson inquired whether there is enough 8a0 MHz capacity for
the system right naw.
Regular Meeting 4
Alameda City Council
May 20, 2005
Mr. McCamman responded in the affirmative; stated additional 800
MHz is not available; the body .that allocates spectrum is
allocating 700 MHz to regional systems only.
Mayor Johnson inquired whether Alameda could operate on the 700 MHz
system, to which Mr. McCamman responded in the affirmative.
Mayor Johnson inquired whether the spectrums have capacity issues.
Mr. McCarnmon responded potentially; stated the system has been
designed to take capacity issues into account; Alameda County has
21 channels; another 20 channels have been allocated to Contra
Costa County; another 1D0 channels would become available in the
700 MHz spectrum; the system allows for priority access; public
safety has the highest priority; San Diego County has a S00 MHz
system; the X003 fires had capacity issues; the system has been
fixed and worked well during fires.
Mayor Johnson inquired whether San Diego County has a similar
number of radios on the system,
Mr. McCammon responded in the affirmative; stated San Diego County
has approximately X3,000 users an the system.
Mayor Johnson inquired whether San Diego County has as many
jurisdictions as Alameda County, to which Mr. McCammon responded in
the affirmative.
Council.~.member Matarrese requested that the Power Point
presentation be posted to the website and that Council receive hard
copies of future Power Paint presentations in the Council packet.
The City Manager stated presentations by outside sources do not
belong to the City.
Councilmember Matarrese stated that staff has control over the
agenda; people should provide presentation material ahead of time
so that the material is in the packet and gets posted to the
website.
The City Manager stated that staff can request said material.
Councilmember deHaan stated Power Point presentations are usually a
summary; a full report would be more than adequate; Power Point
presentations that do not have a report would be good to have ahead
of time .
Regular Meeting
Alameda City Council
M~.]1 20r 2~~°
Councilmember Matarrese stated there is no reason to not have Power
Point presentations ahead of time in this electronic age.
Mayor Johnson stated a report would be more appropriate.
REGULAR AGENDA ITEM
(D8- } Resolution No. 14209, "Appointing Arthur A. Autorino as a
Member of the Planning Board." 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 Mr. Autorino.
Mr. Autorino thanked Council for the opportunity to serve on the
Economic Development Commission EDC}; stated he looks forward to
serving on the Planning Board.
Councilmember deHaan stated Mr. Autorino left the EDC; the EDC
currently has one vacancy and two more are anticipated; keeping the
EDC at full capacity is a top priority.
CONSENT CALENDAR
Mayor Johnson announced that the Recommendation to accept the
Quarterly Sales Tax Report [paragraph no. 08- ] and Resolution
Approving an Amendment to Memorandum of Understanding [paragraph
no. 08- ] were removed from the Consent Calendar for discussion,
Councilmember Matarrese moved approval of the remainder of the
Consent Calendar.
Vice Mayor Tam 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 Regular City Council Meeting held on April
1, 2008; and the Special City Council Meeting of May 6, 2008.
Approved.
~*08- } Ratified bills in the amount of $2,142,477.91.
~O8- } Recommendation to accept the Quarterly Sales Tax Report
for the period ending December 31, 2ba7.
Regular Meeting
Alameda City Council
May 20, 20Q8
The Finance Director gave a brief presentation.
Mayor Johnson inquired why Marina Village has a 17.3Q decline.
The Finance Director responded Marina Village has a number of
vacancies; stated further information can be provided in an Off
Agenda Report.
Mayor Johnson stated staff needs to talk to Marina Village managers
regarding the decline.
The Finance Director stated Development Services staff follows up
on areas with significant declines in order to ascertain which
businesses are in flux.
Mayor Johnson stated Alameda Towne Center is up by 10~; Park Street
is up also; the overall increase is important; stated the previous
report had a comparison to other cities.
The Finance Director stated the attachment shows comparisons to the
Statewide and Countywide average.
Mayor Johnson stated having other city comparisons would be good.
The Finance Director stated that there was na change from last
quarter.
Mayor Johnson stated information should be provided anyway; people
have not had an opportunity to spend money in Alameda in the past,
The Finance Director stated the number one category is restaurants
and has been for two quarters; Monterey County is tie only other
area that lists restaurants as the primarily sales tax generator.
Vice Mayor Tam stated the table on Page ~ shows the "All Dther
Areas" category at -9.40; new businesses are coming to Harbor Bay
Business Park; inquired what impact Harbor Bay Business Park has
had in the "All other Areas" category,
The Finance Director responded the majority of businesses coming to
Harbor Bay Business Park do not generate sales tax; said businesses
are research and de~relapment type firms; Harbor Bay Business Park
has not been included as a specific geographic area.
Vice Mayor Tam inquired whether hotel tax is a separate tax, to
which the Finance Director responded in the affirmative.
Regular Meeting 7
Aiameda City Council
May 2~, 2008
Vice Mayor Tam stated the historical gross sales tax per capita
comparison shows a snapshot of every fourth quarter since 1997;
Statewide comparisons seem to be leveling off, but Alameda County
a.s on an upward tick; the city seems to be having a downward trend;
it is not clear whether the chart indicates trending or just a
snapshot of the fourth quarter.
The Finance Director stated the comparison is a snapshot; the Sales
Tax Consultant produced the graph; advances are given during the
first two months of the quarter; a true up is given the last month
of the quarter; a final true up i s given the f first month of the
next quarter; she is not sure whether a comparison can be done
other than as a quarterly snapshot.
Vice Mayor Tarn inquired about trending.
The Finance Director stated trending is stable and has been within
half a percent up and dawn.
Mayor Johnson stated that Harbor Bay Business Park should be shown
as a separate area; Harbor Bay Business Park businesses do not
provide revenue to the City; stated that Clif Bar is not a sales
tax generator.
The Finance Director stated that staff will work with the Sales Tax
Consultant; information will be provided in the next Quarterly
Sales Tax Report.
Councilmember deHaan stated that breaking dawn Marina Village
retail would be advantageous also; increased food product
transactions indicate that people are coming into Alameda.
Nice Mayor Tarn moved approval of the staff recommendation.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 5.
~*08- } Recommendation to authorize Call for Bids for Legal
Advertising for Fiscal Year ending June 30, 2009. Accepted.
~*QS- } Recommendation to accept the work of Cummins west, Inc,,
far the provision of two main engines for the Peralta. Accepted.
~*08- } Recommendation to accept the work of E.A. Sparacino
General Contractor, Inc. for the roof structure for the Maintenance
Service Center transfer pad and dumpsters, No. P.w. 04-07-14,
Accepted.
Regular Meeting
Alameda City Council
May z0, 2008
~*Q8- } Recommendation to award a Contract in the amount of
$504,334 including contingencies, to Redgwick Construction for
Fernside Boulevard bike path and street improvements, San Jose
Avenue to north of Otis Drive, No. P.w. 03-08-10. Accepted.
~*OS- ) Recommendation to set a Public Hearing far delinquent
integrated Waste Management charges far June 17, 200$. Accepted.
~0$- } Resolution Igo. 14210, "Approving an Amendment to
Memorandum of Understanding between the Management and Confidential
Employees Association and the City of Alameda for the Period
Commencing January 1, 2005 and Ending December 20, 2008." Adopted.
The Human Resources Director gave a brief presentation.
Mayor Johnson stated Council is very happy that the Management and
Confidential Employees Association MCEA} consented to enter into
an agreement to extend the existing Memorandum of Understanding for
one year; requested that the Building official advise who is in
MCEA; stated MCEA came forward before negotiations started.
The Building official stated MCEA consists of approximately 130
members; the MCEA is fully aware of the City's revenue issues and
thought that it was important to make the offer to the City; SO% of
the membership was in favor of the recommendation.
Mayor Johnson requested that the Building Official pass on
Council's appreciation.
The Building Official stated that he will be happy to do so.
Councilmember Gilmore moved adoption of the resolution.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 5.
~*a$- } Resolution No. 14211, "Intention to Levy an Annual
Assessment on the Alameda Business Improvement Area of the City of
Alameda for Fiscal Year 2008-2009 and Set a Public Hearing for June
3, 2008." Adopted.
~*a8- } ordinance No. 29$1, "Amending the Alameda Municipal Code
by Amending Chapter VIII Building and Housing? by Creating a Civic
Green Building Ordinance." Finally passed.
REGULAR AGENDA ITEMS
~O8- } Resolution Na. 14212, "Implementing the National Incident
Regular Meeting 9
Alameda City Council
May 2~r 2a~~
Management System (NIMS} as the official Regulatory Guidance for
Emergency Response, Preparedness, Mitigation, Prevention and
Recovery within the City of Alameda." Adopted.
The Disaster Preparedness Officer gave a brief presentation.
Mayor Johnson stated Council should understand what NIMS is before
adopting the resolution; Council wants to have a clear
understanding of the NIMS technical requirements.
Councilmember Gilmore stated the State has a system in place; the
federal government bases its system on what the State does;
inquired what the City and Fire Department would have to do
different operationally.
The Disaster Preparedness officer responded the current
Standardised Emergency Management System ~SEMS} requires the City
to identify an Emergency Operations Center, use said Center in the
event of a disaster, and document expenses; stated said
requirements are already in place; the federal government adopted
the State's system; the federal government wants training to
include the federal model of Command in Control as opposed to the
State's model, which is essentially the same; Alameda County and a
number of cities within Alameda County have adapted NIMS.
Mayor Johnson ~nquired how much money Alameda receives from the
federal government.
The Disaster Preparedness officer responded that he is not sure;
stated Alameda receives $22,DOa per year to support the Community
Emergency Response Team ~CERT} Program; the City would be eligible
for other programs.
mayor Johnson stated Alameda receives very little money through
Homeland Security; it is important to know the costs to implement
NIMS.
The Disaster Preparedness Officer stated casts could be provided;
moving forward with the updated Emergency Qperations Plan ~EoP} is
part of the reason for implementing NIMS.
Councilmember Gilmore stated the City is already doing everything
required; Council would be adopting NIMS which would allow the City
to scrape and fight for federal funds.
Councilmember deHaan inquired whether the City is doing everything
required.
Regular Meeting 1
Alameda City Council
May 20, 20D8
The Disaster Preparedness Officer responded the first compliance
issue was simply to use the Incident Command System TICS}; stated
members have been trained to work in the EoP Center; the second
step would be to adopt NIMS.
Councilmember deHaan inquired when the County adopted NIMS, to
which the Disaster Preparedness Officer responded last fall.
Councilmember deHaan inquired whether any changes have taken place.
The Disaster Preparedness officer responded in the negative; stated
resource tracking is one new element of NIMS.
Councilmember deHaan moved adoption of the resolution.
Cauncilmember Gilmore seconded the motion, which carried by
unanimous voice vote - 5.
ORAL COMMUNICATIONS, NON--AGENDA
None.
CaUNCIL REFERRALS
X08- } Consideration of establishing an Economic Sustainability
Committee.
Cauncilmember Matarrese stated establishing an Economic
Sustainability Committee is time critical because of the budget
path layout; the State budget will not be adopted at the same time
as the City's budget; the City's budget will need to be adjusted,
depending upon what the State does; recovery is a long way off;
time should be used now to establish a Task Farce or committee to
discuss retirements benefits, revenue versus expenses, and the true
casts of services.
Mayor Johnson stated Councilmernber deHaan previously mentioned a
Blue Ribbon committee that would consist of people familiar with
the issues and who would be available to advise management and
Council about long--term budget issues.
Cauncilmember deHaan stated the City Treasurer and Auditor should
be included.
Mayor Johnson stated community members should be included; there
needs to be an opportunity to educate people.
Cauncilmember Matarrese stated that starting the process for
Regular Meeting 1 1
Alameda City Council
May 20, 200$
establishing a committee is imperative so that there is a committee
once the budget is adopted.
Mayor Johnson stated it is easy far people to be uninformed but
provide lots of opinions; the committee could consist of fifteen or
twenty members.
Councilmember Gilmore stated economic stability is a long-term
process and should not only include the City budget but should also
have a component such as a rainy day fund so that the City is not
at the whim of the State budget; the committee would need to make
plans to weather the storm.
Councilmember deHaan stated it is never too soon to start a
committee; budget information could be shared with the committee;
suggested that the City Manager come back with a recommendation;
all municipalities are starting to have axe uneasy feeling.
Vice Mayor Tam stated that Alameda is better off than other cities
because of reserves; the City and County of San Francisco was able
to spot some cost offset for the School District because it
developed a rainy day fund; taxpayers, community businesses, the
media, School District, and hospital representatives were involved
in the discussions; the San Francisco model was a short duration
and resulted in a voter initiative that established a rainy day
fund; the City is very tight on resources now; she would like to
get a feel for how much staff time would be required and staffing
recommendations,
Councilmember Gilmore stated bringing together diverse groups and
interests is more about community welfare, not the economic
stability of the City.
Councilmember Matarrese stated the City had a Economic Development
Strategic Plan Task Force; the Task Farce had a limit duration,
specific end points, and a large cast of people representing
various sectors of the community, including the School District; a
prospective should be available on what the costs were.
Mayor Johnson stated that she would like to emphasize reviewiwng
true long-term costs for long-term commitments.
Cauncilmember Matarrese suggested using the ten year planning tool
the City invested in a couple of gears ago,
Councilmember deHaan inquired whether the City Manager could be
tasked with how the Economic Sustainability Committee would be
structured, to which the City Manager responded in the affirmative.
Regular Meeting 1 2
Alameda City Council
May 2q, 2D~8
Councilmember deHaan stated one ar two Councilrnembers could work
with the City Manager an the matter.
Mayor Johnson inquired whether Councilmembers deHaan and Matarrese
would work with the City Manager, to which Councilmembers deHaan
and Matarrese responded in the affirmative.
COUNCIL C4N~IUNICATIDNS
None.
ADJOURNMENT
There being no further business; Mayor Johnson adjourned the
meeting at 9:30 p.m.
Respectfully submitted!
Lara weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Aet.
Regular Meeting ~ 3
Alameda City Council
May 20, 20a$
Nay 29, 2x08
Honorable Mayor and Councilmembers:
This is to certify that the claims listed on the check register and shown below have been
approved by the proper officials and, in my opinion, represent fair and just charges against the
City in accordance with their respective amounts as indicated thereon.
Check Numbers Amount
21 D 15$ - 21 D547 $2, 412, 861.36
EFT 535 $96,4fi6,92
EFT 536 $11,244.50
EFT 537 $5D,338.96
EFT 538 $44,2D0.96
EFT 539 $101,493.85
Void Checks:
209556 x$1,936.00}
21 Q2~7 ~$1,54~4.12}
155$13 x$203.51 }
150635 x$9.00}
GRAND TGTAI.
Respectfully submitted,
~P
Pamela J. Sibley
Council Warrants 06/03/08
$2, 312, 913.93
BILLS #4-~
613f2DOB
CITY OF ALAMEDA
MEMORANDUM
To: Honorable Mayor and
Members of the City Council
From: Debra Kurita
City Manager
Date: June 3, 2408
Re: Set Hearing Date of June 17, 2x08, far Establishment of the Fiscal Year
2008-2049 Appropriation proposition 4} Limit
BACKGROUND
Local governments must annually establish their appropriation limit pursuant to Section
7900 et. seq. of the Government Code. This section implements SB ~ 352, which passed
in November ~ O19.
r~i~r.~~sSi~N
The SB ~ 352 legislation provides that the public be given adequate notice of the Council's
intended action to setthe appropriation limit. Documents in supportof the recvrnmended
appropriation limit will be made available for public review in the City Clerk's Gffice no later
than June 6, 200$.
BUDGET C~NSIDERATION~FINANCIAL IMPACT
There is na direct financial impact associated with the action of setting a hearing date.
REG~MMENDATI~N
Set June ~ 7, 2808, as the scheduled public hearing far establishing the City of Alameda's
spending limitation for fiscal year 2005-2449.
Respectfully submitted,
Ju Ile-Ann yer
Chief Financial officer
JAB1dl
City Council
Agenda Item #4rC
~~~~~~~~
CITY ~F ALAMEQA
Memorandum
Ta: Honorable Mayor and
Members of the City Council
From: Debra Kurita
City Manager
Date: June 3, X908
Re; Approve an Agreement with Holland + Knight, LLP, in the Amount of
96 OOa for Federal Le is[ative Advocac Services
BACKGROUND
In June ~6a4, the City retained the services of Holland + Knight ~H+K} to provide federal
legislative and regulatory advocacy services. The current agreement with H+K expires
at the end of June. The proposed new agreement, which would cover the period from
July 1, ~O9S, until June 39, 2999, is on file in the City Clerk's office.
DISCUSSIGN
The attached City of Alameda Federal. Le_gislativ~_ Successes provides information on
the firm's past legislative successes and its recent work for the City. In X005, H+K
assisted in securing authorisations and funding in the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users ~SAFETEA-LU}. SAFETEA-LU
included $1.612 million for planning, design, and construction of an intermadal facility
project in Alameda. The funds are being distributed over four fiscal years. The project
was also designated in federal legislation as a ``New Starts" project, which makes it
eligible for capital funding in future federal budgets.
In FY X006, the City received $709,099 in the Transportation-Treasury-Housing and
Urban Development ~TTHUD} appropriations conference report for Park Street
pedestrian safety transportation improvements. An additional $309,046 was included in
the House version of the bill for FY 2041, but Congress did not pass the bill, opting
instead to combine appropriations bills into one continuing resolution that included no
project earmarks. In FY X998, the City received $499,999 for the Park Street project in
the Transportation-Housing and Urban Development bill.
Although the Bay Farm Island shoreline dike and seawall repair project received a
project listing in the Senate Energy and Water Appropriations bill and the Woodstock to
Webster Neighborhood Improvement Plan received $190,609 in the House version of
the TTHUD bill for FY 2997, neither project moved forward as a result of the passage of
the continuing resolution absent any earmarks. H+K staff is continuing to seek funding
for these projects for FY X099.
City Council
Agenda Item #~-D
o~-~~-a~
Honorable Mayor and June 3, 2448
Members of the City Council Page 2 of 2
Last year, H+K staff was successful in ensuring that the City's two water Resources
Development Act ~v11RDA} priorities were included in the WRDA reauthorization bill,
which was enacted into law. The new legislation requires conveyance of the Oakland
Inner Habor Tidal Canal property from the U.S. Army Corps of Engineers to an entity
created by ar designated by the City, and requires the Corps to conduct a study of the
Fruitvale Bridge to determine the most economic means of maintaining the bridge for
future transportation options.
H+K staff also helped block a Food and Drug Administration FDA} plan to consolidate
several of their office of Regulatory Affairs laboratories, including closing the San
Francisco District Lab located in Alameda. Through H+K's work with Representative
Pete Stark and other interested Members of the House, the proposal was defeated
when the FY 2448 omnibus appropriations bill prohibited the FDA from closing seen of
the agency's 13 regional field labs.
Finally, H+K staff is assisting the Housing Authority in its efforts to secure funding that
the Department of Housing and Urban Development THUD} awes to the Authority. The
firm has been successful in securing $1.1 million thus far.
BUDGET COfVSIDERATIONIFINANCIALlMPACT
The cost to retain H+K to provide federal legislative and regulatory advocacy is $8,Og4
per month, for a total of $9G,D44. H+K reduced its rate from $14,444 per month to
$8;444 -per -rnanth- -in- November 2005 and- has proposed -nv increase to the r-ate -this
year. This funding is included in the City Manager's office budget.
MUNICIPAL CODEIPOLICY DOCUMENT CROSS REFERENCE
This action does not affect the Municipal Code.
RECOMMENDATION
Approve an agreement with Holland and Knight, LLP, in the amount of $g6,o44 far
federal legislative advocacy services.
Respectfully submitted,
Lisa Goldman
Deputy City Manager
Attar h rn e nt:
~ , Holland + Knight Federal Legislative Successes
cc: Julie Minerva and Rich Gold, Holland + Knight
City of Alameda
Federal Legislative Successes
Apurouriations
At the start of each year, we work with the City to develop priority projects and identify key
policy areas for the annual appropriations cycle. The City has been targeted and consistent in
their requests for key infrastructure and community resource funding. As outlined below, the
City has many successes to show for these efforts.
PROJECTS
Park Street Pedestrian Safety Transportation Improvements
^ FYOS: $490,000 in the Transportation-HUD Appropriations conference report
^ FY07: $300,000 in House Transportation-Treasury-HUD Appropriations bill*
^ FY06: $700,000 in the Transportation-Treasury-HZJD Appropriations conference report
Bay Earm Island Shoreline Dike ~ Seawall Repair
^ FY07: Received a project listing in the Senate Energy & water Appropriations bill*
Woodstock to Yt~ebster Neighborhood Improvement Plan
^ FY07: $100,000 in House TTHUD Appropriations bill*
* Final year-long CR for FY~7 did not include any project earmarks
P~LIG`Y
.Food and drug Administration
In the FYO$ House Agriculture Appropriations bill, we advocated to block a plan by the Food
and Drug Administration ~FDA~ to consolidate several of their office of Regulatory Affairs
laboratories. This plan would have serious and immediate impacts for the City as the FDA's San
Francisco District Lab is located in Alameda. Blocking this plan represents an important win far
the City of Alameda and a validation of the important work that is being performed in the San
Francisco District Lab.
Authorizations
The authorization process is another goad opportunity for the City to advance its agenda at the
federal level. Congress is in the process of gearing up for the reauthorization of the surface
transportation bill, SAFETEA-LU, which happens every five years. In the near future, we will
initiate our work with the City to develop a solid road map of priorities for this bill. The City
was able to advance two key priorities in SAFETEA-LU as outlined below.
SAp'BT'EA-LU (P.L. I0~-59}
Secured authorizations and funding for the City's top transportation priorities in the final bill:
^ $ l . G72 million for planning, design, and construction intermodal facility proj ect ~FY06-
FY09)
FY06: $3 84,560
City Cou nci i
Attachment to
Agenda Item #~-a
46-~3-~8
• FY07: $401,284
• FY48: $434,720
• FY49: $451,440
New Starts Authorization for the City's Fixed Guideway Corridor project
The Water Resources Development Act ~WRDA~ provides authorizations for projects such as
flood protection, environmental restoration, operations and maintenance of waterways and other
projects associated with US Army Corps of Engineers. The WRDA 2407 bill helped to advance
two key priorities for the City.
Water Resources Development Act X007 (P.L.1 ro-I~4)
Secured authorizations for the City's top water related priorities:
^ Conveyance of the Oakland Inner Harbor Tidal Canal property from the US Army Corps
of Engineers ~Corps~ to an entity created by or designated by the City and;
^ Requiring the Corps to conduct a study of the Fraxtvale Bridge to determine'the most
economic means of maintaining the bridge for future transportation options.
Housing
Recognizing the important role of public housing to the City, we actively monitor hauling policy
issues and serve a federal liaison to the US Department of Housing and Urban Development
~HUD~. Through our representation, we have secured a total of $ l , l a 1,471 owed to the
Authority by HUD:
^ $G3~,161 in 2004
^ $465, 10 in 2007
The 2004 funds were especially significant as they prevented 108 families from being cut from
the Section 8 program,
Grants
Weekly Grant IVoti ication
Each week we provide the City with information regarding recently announced federal grant
opportunities. We comb through the Federal Register, Grants.gav, and other resources to
identify specific funding that may be of interest to the City. We provide this service to the City
as part of our regular legislative efforts, Should the City decide to pursue any of the grant
opportunities, we are available to assist with those efforts.
General Representation
We also actively monitor and weigh in on issues important to the City such as:
^ Full funding for Community ^ SCHIP
Development Block Grants
Eminent Domain
^ Full funding for Energy Efficiency
and Conservation Block Grants
^ Homeland Security
^ Video Choice
^ BRAC
^ Other issues as identified by t~.e City
# 48377~3_v2
ITEM 4-E WAS MOVED TO
THE REGULAR AGENDA
PLEASE SEE ITEM 5-F
CITY OF ALAM E DA
Memorandum
To: Honorable Mayor and
Members of the City Council
From: Debra Kurita
City Manager
Date: June 3, 2008
Re: Award a Contract in the Amount of $3,571,81D, Including Contingencies,
to D'Arcy & Harley Construction, Inc., for Cyclic Sewer Replacement,
Phase 5 No. P.W.1 D-D5-22
BACKGROUND
On April 15, 2008, the City Council adopted plans and specifications and authorized a
call for bids for the cyclic sewer replacement, phase 5, Na. P.W. 10-06-22. The project
consists of rehabilitation of approximately 15,500 linear feet of sanitary sewer pipeline,
11,D00 linear feet of service laterals, 45 manholes, and all associated work at seven
locations within the City.
DISCUSSION
To solicit the maximum number of bids and most competitive price, specifications were
provided to 11 separate building exchanges throughout the Bay Area. A notice of bid
was published in the A~arnea~a Jor~rnal. In addition, the project description and bid items
were posted on EbidBoard. The bids were opened an May 2 ~ , 2008. The list of
qualified bidders, from lowest to highest total project cost, is as follows:
Bidder Location Bid Amount
D'Arc & Harty Construction, Inc. San Francisco, CA $3,241,100
KJ ~111oods Construction, Inc, San Francisco, CA $3,374,000
Mountain Cascade, Inc. Livermore, CA $3,45fi,1$9
Andes Construction, Inc. Oakland, CA $3,198,550
Staff contacted several references provided by the low bidder and received positive
feedback about the quality and timeliness of their work. Staff proposes to award a
contract to D'Arcy & Harty Construction, I nc., for a total amount of $3,571,510, including
a ~ 0°l~ contingency. A copy of the contract is on file in the City Clerk's office. As with all
annual contracts, this contract may be mutually amended on a year-by-year basis, for
up to four additional years, based on satisfactory performance of all aspects of this
CQntraCt. If extended, the contract would be far the same terms and costs, plus an
annual increase equal to the construction price index increase for the San Francisco
City C®uncii
Agenda s#em #4-F
4~-~3-~~
Honorable Mayor and
Members of the City Council
June 3, X008
Page2of2
Bay Area appropriate tv the trades associated with the work as reported in the
Engineering News Record for the previous calendar year.
BUDGET C4NSIDERATICNIFINANCIAL IMPAGT
The project is budgeted in the Capital Improvement Program (Project No. 95-02), with
monies allocated from the Sewer Service fund.
MUNICIPAL C4DEIPOLICY DOCUMENT CROSS REFERENCE
This action does not affect the Municipal Code.
ENVIRONMENTAL REVIEW
In accordance with the California Environmental Quality Act ~CEQA~, this project is
Categorically Exempt under the CEQA Guidelines Section ~ 5301 (c}, Existing Facilities.
RECOMMENDATION
Award a contract in the amount of $3,511,81 g, including contingencies, to D'Arcy &
Harty Construction, I nc., for cyclic sewer replacement, phase 5, No. P.V1J.1 a-05-2~.
Respectfully submitted,
L~'
Matthew T. Naclerio
Public Works Director
By; Wali Waziri ~
Associate Civi Engineer
MTN:WV11:gc
CITY OF ALAMEDA
Memorandum
To: Honorable Mayor and
Members of the City Council
From: Debra Kurita
City Manager
Date: June 3, 200
Re: Allocate $1,2~ 6,409 in Proposition 1 B Local Streets and Roads Funds,
and Award a Second Amendment to the Contract in the Amount of
$2,955,x00, Including Contingencies, to Gallagher & Burk, Inc., for the
Reaair and Resurfacing of Certain Streets. Phase 28. No. P.vU. 0~-08-12
BACKGROUND
4n June 6, 2x06, the City Council awarded a contract to Gallagher & Burk, Inc., for the
repair and resurfacing of certain streets, phase 26, Na. P.VV. 03-06-12. The work was
completed and the project accepted on January 16, 2D07. The contract with Gallagher
& Burk, Inc., allows the City to extend the contract for four additional terms, subject to
mutual agreement and a cost escalation based on the Engineering News Record
Construction Price Index for the Bay Area. On ,dune 5, 2001, the City Council awarded
the First Amendment for phase 2~, with the work completed and the project accepted
on February 19, 20Q$. This contract will be the Second Amendment.
DISCUSSION
The proposed project includes reconstructing failed pavement areas; repairing damaged
curb and gutter; planing the existing pavement; overlaying with asphalt concrete ~AC~ or
slurry seal ASS} treatment; and installing traffic striping and pavement markings. The
streets were selected based on the City's Pavement Management System Program and
information provided by the utility companies to avoid conflicts with the planned
underground utility work. Copies of the plans, specifications, and contract are on file in
the City Clerk's office. The specific streets and related work are as follows:
Asphalt Resurfacing (Including Crack Sealing Prior to Resurfacing)
• Central Avenue
• Central Avenue
• Eighth Street
• Fillmare Street
• Flower Lane
• High Street
• Maitland Drive
oak Street to Park Street
High Street to Fernside Boulevard
Otis Drive to Central Avenue
High Street to Mound Street
Maitland Drive to Garden Road
Central Avenue to Fernside Boulevard
Island Drive to Mecartney Road
City Council
Agenda l~em #~-G
4~-0~-Og
Honorable Mayor and June 3, 2008
Members of the City Council Page 2 of 3
• Santa Clara Avenue Grand Street to 1Nebster Street
• South Loop Road Entire Length
• Woad Street Pacific Avenue to the End, north of Eagle Avenue
Slurry Seal Treatment
• Eighth Street
• Lafayette Street
• Mound Street
• Pacific Avenue
• Pacific Avenue
• Pearl Street
• Pearl Street
• Schiller Street
• Sixth Street
• Stanford Street
• Third Street
• Union Street
• Westline Drive
Lincoln Avenue to Buena Vista Avenue
Central Avenue to Clement Avenue
Jackson Street to Fillmore Street
Constitution Way to Wood Street
Fifth Street to Sixth Street
Central Avenue to San Jose Avenue
Otis drive tQ Calhoun Street
PacificAvenue to ClernentAvenue
Central Avenue to Pacific Avenue
Buena Vista Avenue to Clement Avenue
Pacific Avenue to Ralph Appezzato Memorial Parkway
Lincoln Avenue to Clement Avenue
Eighth Street to cul-de-sac at the north end
BUDGET CONSIDERATIONIFINANCIAL IMPACT
The project is funded under the Capital improvement Program Project No. 82-01 }, with
funds available from Measure B, the Construction Improvement Tax, the Transportation
Improvement Fund, Proposition 1 B Local Streets and Roads Prop ~ B} funds,
Congestion Management Agency Transportation Improvement Program funds, Urban
Runoff fees, Gas Tax, and the General Fund.
MUNICIPAL CODEIPOLICY DOCUMENT CROSS REFERENCE
This action does not affect the Municipal Code.
ENVIRONMENTAL REVIEUU
n accordance with the California Environmental duality Act ~CE~A}, this project is
Categorically Exempt under the CEQA Guidelines Section 15301 ~c}, Existing Facilities.
Honorable Mayor and
Members of the City Council
RECQMMENDATIGIV
June 3, 2068
Page 3 of 3
Allocate $~,~~ 0,409 in Prop 1 B funds, and avuard a second amendment to the contract
in the amount of $x,965,006, including contingencies, to Gallagher & Burk, Inc., for the
repair and resurfacing of certain streets, phase 28, No. P.UII.04-08-'12.
Resp~c ull submitted,
Matthew T. Naclerio
Public Works Director
~~~
By: Laurie Kozisek ~ ~
Associate Civil Engineer
MTN:LK:gc
cc: Vvatchdog Committee
CITY OF ALAMEDA
il~emarandum
To: Honorable Mayan and
Members of the City Council
From: Debra Kurita
City Manager
Date: June 3, 2ooS
Re: Accept the 1Nark of Bay Line Concrete, Cutting, Coring, and Drilling, lnc.,
far the Grand Street Bridge and Ballena Boulevard Bridge Repair and
Resurfacing, No. P.W. 11-05-2~
BAC~G RD U N D
an August 7, 2001, the City Council adapted plans and specifications and called for
bids far the Grand Street Bridge and Ballena Boulevard Bridge repair and resurfacing,
No. P.W. 11-06-~4. Cn actober 2, 2001, the City Council awarded a contract in the
amount of $521,100, including contingencies, to Bay Line Concrete, Cutting, Coring,
and Drilling, Inc., for this work.
DISCUSSION
The project has been completed in accordance with the plans and specifications and is
acceptable to the Public Works Department. Extra work orders were issued for
additional work including expansion joint removal, grouting of cracks, and cathodic
protection. The final project cost, including extra work orders, is $12,851.
BUDGET C~NSIDERATI4NIF1 NANCIAL I MPACT
Funding far the project is budgeted under the Capital Improvement Program {Project
No. 6-l~},with funds available from Measure B.
MUNICIPAL CCDEIP4LICY DOCUMENT CROSS REFERENCE
This action does not affect the Municipal Code.
City Council
Agende ltem #4-H
46.3-Q8
Honorable Mayorand
Members of the City Council
RECQMMENDATION
June 3, 2008
Page 2 of 2
Accept the work of Bay Line Concrete, Cutting, Coring, and Drilling, Inc., for the Grand
Street Bridge and Ballena Boulevard Bridge repair and resurfacing, No. P.vv.11-d6-24.
Respectful) submitted, `
%1 ~
a
~~
Matthew T. Naclerio
Public Works Director
~~~
By: Laurie Kozisek ~ ~
Associate Civil Engineer
MTN:LK:gc
cc: Watchdog Committee
CITY OF ALAMEDA
Memorandum
To: Honorable Mayor and
Members of the City Council
From: Debra Kurita
City Manager
Date: June 3, 2008
Re: Accept the vl~ork of Golden Bay Construction, Inc., for the Replacement of
Curb, Gutter, and Related Improvements to Address Street Paneling
Cit wide No. P.W. 02-07-04
BACKG R0 U N D
On April 3, 2Dal, the City Council adopted plans and specifications and authorized a
call for bids for the replacement of curb, gutter, and related improvements to address
street ponding citywide, No. P.W. 02-07-04. Cn June 5, 2001, the City Council avuarded
a contract in the amount of $250,36, including contingencies, to Golden Bay
Construction, forthis work.
DISCUSSIGN
The project has been completed in accordance with the plans and specifications and is
acceptable to the Public vUorks Department. The projec# repaired approximately 5,000
square feet of sidewalk, including driveway approaches; 3,000 square feet of gutter;
3,500 square feet of street pavement; and x,500 linear feet of curb. The final project
cast is $245,22.
BUDGET CGNSIDERATICNIFINANCIAL IMPACT
The project is budgeted under the Capital Improvement Program Project No. 90-06},
with funds available from the Urban Runoff fund.
MUNICIPAL CaDE1P4LICY DGCUMENT CROSS REFERENCE
This action does not affect the Municipal Code.
City Council
Agenda Item #~-1
oG-o3-o8
Honorable Mayor and
Members of the City Council
RECGMMENDATIGN
June 3, 2008
Page2of2
Accept the work of Goiden Bay Construction, Inc., for the replacement of curb, gutter,
and related improvements to address street ponding citywide, No. P.W. 02-0704.
Respec ull submitted,
Matthew T. Naclerio
Public Works Director
Sh~~~P
By: Shilpa Patel 1~
Junior Engine~r~
MTN:SP:gc
CITY OF A~AMEaA
Memorandum
To: Honorable Mayor and
Members of the City Council
From: Debra Kurita
City Manager
Date: June 3, 2008
Re: Accept the Work of Power Engineering Contractors, Inc., far the Grand
Street Sewer Pum Station No. P.W. 04-07-~ 6
BACKGROUND
On July 3, 2007, the City Council adopted plans and specifications and authori2ed a call
for bids for the Grand Street sewer pump station, No. P.VV. 04-07-18. On August 21,
2001, the City Council awarded a contract in the amount of $714,824, including
contingencies, to Power Engineering Contractors, Inc., for this work.
DISCUSSIaN
The project has been completed in accordance with the plans and specifications and is
acceptable to the Public Works Department. The work included a new circular
underground pump station, raised curb, a ductile iron force main along Grand Street
from the pump station to Clinton Avenue, gravity lines to the pump station, and
abandoning the old sewer main. The final project cost, including the extra work orders,
is $098,743.
BUDGET CONSIDERATIaNIFINANCIALlMPACT
The project is budgeted under the Capital Improvement Program {Project No. 0~-02~,
with funds available from the Sewer Service fund.
MUNICIPAL CODEIPOLICY DOCUMENT CRASS REFERENCE
This action does not affect the Municipal Code.
~i~y Council
Agenda It~n't #4-J
~6-03-08
Honorable Mayor and
Members of the City Council
REC~MMENDATI~N
June 3, coos
Page 2 of 2
Accept the work of Power Engineering Cantractars, Inc., for the Grand Street sewer
pump station, No. P,V11.04-07-~6.
Respectfully submitted,
{
~~~ Matthew T. Naclerio
Public Uvorks Director
~ ~ ~•
By: vrlali Waziri
Associate Civil Engineer
MTN:Ww:gc
C ITY ~ F ALAM E DA
Memorandum
To: Honorable Mayor and
Members of the City Council
From; Debra Kurita
City Manager
Date: June 3, 2008
Rey Adapt a Resolution Approving a Third Amendment to the Agreement for
Additional Funding from the California State Coastal Conservancy to
Implement Spartina Eradication and Mitigation Measures, and Authorizing
the City Manager to Execute all Reauired Aareements and Documents
BACKGROUND
I n 2003, the California State Coastal Conservancy {Conservancy} adopted a Final
Programmatic Environmental Impact StatementlEnviranmental Impact Report ~EISIEIR} to
allow for the treatment and control of non-native Spar~ina in the San Francisco Bay
Estuary. This document required the preparation of site-specific control plans. The
Conservancy has prepared an Invasive Spartina Project {ISP} Control Program for
calendar years 2448 through 2014 far 24 sites throughout the San Francisco Bay Estuary
{Estuary}, including four sub-sites along the Gity's shoreline. an July 19, 2005, the City
Council approved a Resolution adopting the findings for the non-native Sparfina eradication
program contained in the final programmatic EISIEIR prepared by the California State
Coastal Conservancy and also adopted a mitigation monitoring reporting program and
statement of overriding considerations.
DiSGUSSIGN
The City of Alameda has successfully partnered with the Conservancy on ISP Control
Program efforts since 2045, and has received grant funding totaling $112,443 for treatment
measures and related public outreach activities. For 2408, the City and the Conservancy
will continue their partnership to implement the control project and treat the remaining
acreage ofnon-native invasive Spartina alongthe City's shoreline. To initiatethis phaseof
work, the Conservancy requires a third program amendment to provide the City up to
$57,000 in grant funds. The City will be administering three of the identified sites as park of
the proposed grant. The fourth site, along the Estuary, is part of the Qakland Inner Harbor
project site and wil! be managed by the Conservancy. For the Estuary sub-site, the City is
receiving grant funding only for coordinating the associated public information and
outreach.
To date, the infestations along the Alameda shoreline have proven relatively resilient to
treatment efforts, especially at the Elsie Roemer Bird Sanctuary and along the eastern
City Council
Report Re:
Agenda item #4K
06-o~-os
Honorable Mayor and June 3, 2008
Members of the City Council Page 2 of 2
shoreline. The Elsie Roemer site was identified al one of the mare established non-native
invasive Spar~irra infestation sites in the Bay Area. I n order to minimize single-season
impacts to the endangered California clapper rail, phased control work and limited
herbicide application were intentionally implemented at the Elsie Roemer site, With the
limited application, eradication efforts are more difficult to achieve. The ISP has observed
that, due to the previous annual treatments, Sparflna infestations have begun to diminish.
As the bulk of the plants is reduced, additional treatment and coverage will improve,
increasing the overall effectiveness of the eradication efforts,
The City will schedule a public meeting in the summer of 2005 to provide the public with
up-to-date information regarding proposed actions to control invasive Spar~rrra. A copy of
the Third Amendment to the Agreement is on file in the City Clerk's Office.
BUDGET CONSIDERATIONIFINANCIALlMPACT
The Conservancy will provide funding in an amount not to exceed $51,000 for Spar~lna
treatment and eradication activities to be undertaken by the City during 200$. The City has
budgeted an in-kind staff time contribution of $2,595, with funds available from the Urban
Runoff fund.
MUNICIPAL C4DEIPOLICY DOCUMENT CROSS REFERENCE
The proposed Resolution is consistent with several implemented policies of the Open
Space and Conservation Element of the General Plan.
RECOMMENDATION
Adopt a resoiution approving a Third Amendment to the Agreement for additional funding
from the Conservancy to implement Spar~ina eradication and mitigation measures, and
authorize the City Manager to execute ail required agreements and documents.
Respe f y submitted,
c
Matthew T. Naclerio
Public Works Director
~~~ m~
By: Maria F. Di Meglio ~. y~,
Environmental Services Manager
MTN:MFD:gc
cc: California State Coastal Conservancy
CITY OF ALAMEDA RESOLUTION NO,
E
~.
APPROVING A THIRD AMENDMENT Ta THE AGREEMENT
FOR ADDITIONAL FUNDING FROM THE STATE CALIFORNIA
COASTAL CONSERVANCY TO IMPLEMENT SPART!!VA
ERADICATION AND MITIGATION MEASURES, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
REQUIRED AGREEMENTS AND DOCUMENTS
WHEREAS, the State Coastal Conservancy Conservancy} and the City
~ of Alameda Cit executed a '
~ y} Partnership Agreement Agreement} on August
~2, 2005, to undertake invasive Spartlna treatment and eradication activities
.~ and public outreach related to these activities along the shorelines of Alameda
" in the amount of $38,093; and
WHEREAS, the City and the Conservancy executed an amendment to
this Agreement on June 22, 2006, for an additional disbursement to the City not
to exceed $39,x80 far invasive Spartir~a treatment and eradication activities in
X006; and
UIJHEREAS, the City and the Conservancy executed a second
amendment to this Agreement vn May 15, 2007, for an additional disbursement
to the City not to exceed $68,500 for invasive Spar~ir~a treatment and
eradication activities in 2007; and
1111HEREAS, the Conservancy has authorized the additional
disbursement of an amount nat to exceed $57,000 to the City for
implementation of continuing invasive S~artina treatment and eradication
projects in 2408, under the Invasive Spar~ina Project LISP} Spartina Control
Program fourth phase}; and
V1IHEREAS, the ISP and implementation of the Spartir~a Control Program
remain consistent with Public Resources Code Sections 31160-31154; and
1111HEREAS, on June 28, 2D05, July 26, 2005, August 17, 2005, July 19,
2006, June 21, 2407, June 28, 2041, July 12, 2001, and August 16, 2007,
public meetings were held to inform the public about the proposed Spariir~a
control efforts. Attendees were supportive of the proposed project but did
express concerns about herbicide usage and the residual habitat effects.
Overall attendees were in favor of the proposed action plans. Staff will
schedule an addi#ional public meeting in the summer of 2408, to continue to
provide the public with up-to-date information regarding proposed actions to
control invasive Spartina along the Alameda shoreline; and
Resolution #4-K CC
46.03.4$
vUHEREAS, the additional funds shall be used by the City to undertake
Spartina treatment and eradication activities along the shoreline of Alameda
Island for ~pq8; and
VvHEREAS, the City shall carry out the project in accordance with the
Agreement, site-specific plans and treatment, and outreach work programs to
be approved by the Executive Gfficer of the Cansenrancy pursuant to the
Agreement; and
WHEREAS, the City shall provide any funds, subject to appropriation by
the City Council of Aiarneda, beyond those granted under the Agreement which
are needed to complete the project; and
WHEREAS, the Conditions Precedent to Commencement of Project and
Disbursement and Additional Grant Conditions shall be met before the City shall
commence the project and the Conservancy shall be obligated to disburse any
funds under the Agreement.
NGW THEREFGRE, BE IT RESOLVED, that the City approves a third
amendment to the Agreement for additional funding from the Conservancy to
implement Spartina Eradication and Mitigation Measures and authorizing the
City Manager to execute all required agreements and documents,
****~*
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 a
regular meeting assembled on the 3rd day of June, 2ap8, by the following vote
to wit:
AYES:
NOES:
ABSENT:
ABSENTIaNS:
IN WITNESS, UvHERE~F, I have hereunto set my hand and affixed the
official seal of said City this day of June, 2008.
Lora vlleisiger, City Clerk
City of Alameda
CITY OF ALAMEDA
MEMORANDUM
To: Honorable Mayorand
Members of the City Council
From: Debra l~urita
City Manager
Date: June 3, 2oa$
Re: Adopt a Resolution Requesting and Authorizing the County of Alameda
to Levy a Tax on All Real and Personal Property in the City of Alameda
as aVoter-approved Levy for the General obligation Bonds Issued
Pursuant to a General Election held November 7, X000
BACKGRQUND
Gn November 1, 2000, the voters of Alameda passed Measure "4", which authorized the
issuance of bands in an amount not to exceed $10,00,000 the "Bonds"} to finance the
acquisition, construction, and completion of a new Main Library facility and improvements to
two branch library facilities in the City of Alameda the "Project"}. The issuance of the bonds
was predicated upon receiving a Library Construction Grant from the State The City
received the final grant award in December 2002 in the amount of $15,487,952. In March
2003, the City sold $10,600,000 in general obligation bonds.
DISCUSSION
Measure "G" set the maximum tax rate at $151$100,000 of assessed valuation over 3o years.
The required tax rate for Fiscal Year 2005-2009 is $7.001$100,OOa of assessed valuation,
down from the $1.161$1 a0,aa0 levied for the 2007-2008 fiscal year. The decrease in the tax
rate is primarily due to a 5.2 percent increase in the total assessed valuation of the City of
Alameda. This rate will produce sufficient revenues to pay the required debt service during
the fiscal year.
BUDGET CaNSIDERATIGNIFINANCIAL IMPACT
There is no impact to the General Fund. Debt service for the $10,600,OD0 General
Obligation Bonds will be paid from this tax levy on all real and personal property in
Alameda.
City Council
Report Rey
Agenda Item #4L
oo-a~-os
Honorable Mayor and June 3, 2~a8
Members of the City Council Page 2 of 2
MUNICIPAL C~DEIPCLICY DOCUMENT CROSS REFERENCE
This action is in conformance with the Alameda Municipal Code ar~d all policy
documents.
REC~MMENDATICN
Adopt a resolution requesting and authorizing the County of Alameda to levy a tax on all
real and personal property in the City of Alameda as a voter approved levy for the
General obligation Bonds issued pursuant to a general election held November ~,
zooa.
Respectfully submitted
elle-Ann oyer
Chief Financial Officer
JB:dI
Attachment: Tax Rate Per Assessed Valuation
Alameda General Obligation Bond Issue
Tax Rate Per Assessed Valua#iQn '
$10.sMi~~ion
Annual Less Net Annua!
Total Debt Pius Unsecured Debt Tax Tax Per
Year Assessed Valuation Service Delinquency Portion Service Ra#e 1Q0 QQO
1999/2000
200012001 _
-
...----
2001/2002 - ~
2002!2003 5,415,544,864 $ - - $ - $ - O.o0o0~0aa ~ -
2003/2004 8,340,913,593 $ 803,127 - $ - $ 803,127 0.00014257 $ 14.26
2005 6,391,923,840 $ 653,000 - $ 69,134 $ 583,866 -- 0.00009800 $ 9.80
2006 6,789,fi08,739 $ 651,450 _ - $ 55,206 $ 596,244 O,D0008782 $
8.78
2007
- 7,523,903,44$ $ 658,250 - $ 56,072 $ 602,178 0.000x$404 _
$ $.00
200$ $,237,340,301 $ 864,850 - $ 75,x00 $ 589,850 ~ 0.aoo07151 $ 7.15
2009 8,662,603,335 $ 570,325 - $ 64,000 $ 606,325 0.00006999 $ 7.04
2010 8,922,481,438 $ 613,650 - $ 51,482 $ 622,168 0.00006873 $ 6.91
2011 9,190,155, 889 $ 615,650 - $ 49, 799 $ 625,851 O.OOOOfi890 $ 6.81
2012 9, 465, 860, 558 $ 682,150 - $ 48, 531 $ 533, 519 0.00006694 $ 6.69
2013 9, 749, 836,374 $ 682,000 - $ 46, 845 $ 535,155 0.00006595 $ 6.51
2014 10, 042, 331, 4 66 $ 685,125 ~ - $ 45, 409 $ 539, T 16 0.00006370 $ 6.37
2015 10, 343, fi01, 410 $ 687, 500 - $ 43, 94$ $ 643, 554 0.00006222 $
6.22
2016 _ 9 0, 653, 909, 4 52 $ 662,125 - $ 42, 481 $ fi 19, 644 0.00005816 _
$ 5.82
2017 10, 973, 526, 736 $ 885,125 - $ 40, l04 $ 644,421 0.00005873 $ 5.87
2018 99,302,732,538 $ 685,500 - $ 39,29? $ 546,209 0.00005797 $ 5.72
2018 11, 641, 814, 514 $ --- -- - - 6$5,125 __
- $ 37, 881 $ 647, 264 0.00005560 $ 5.55
2020 11, 991, 068, 949 $ 688, 875 - $ 3fi, 722 $ 652,153 ~ 0.00005439 $ 5.44
2021 12,350,801,018 $ 686,750 --_ $ 35,276 $ 81,474 0.00005275 $ 5.21
2022 12, 721,325,048 ~ 6s8,750 - ~ 34,123 $ 654,627 o.a0005146 $ x.15
2023 13,102,964,800 $ 684,875 - $ 32,694 $ 652,181 0.00004977 $ 4.98
2024 13, 496, 053, 744 $ 685,125 - $ 31, 540 $ 653,585 0.00004843 $ 4.84
2025 13,900,935,355 $ 689,250 - $ 30,598 $ 65$,652 0.00004736 $ 4.14
2026 14,317,963,417 $ 888,250 - $ 29,396 $ 658,854 OA0004602 $ 4.60
2027 _ 14, 747, 502,319 $ 584,250 - $ 28,211 $ 656,039 0.00004448 $ 4.45
2028 15,189, 927, 389 $ 6$5,125 - ~ $ 27, 235 $ 657, 890 O. a0oa4331 $ 4.33
zo29 15,645,625,210 ~ 684,750 - ~ 26,235 $ 558,515 O.aoo04209 ~ 4.21
2030 16,114,993,96? $ 6$8,000 --- - $ 25,494 $ $62,586 0.00004112 $ 4.11
2031 16, 598, 443, 786 $ 5$4,875 - $ 24, 376 $ 660,499 0.00003919 $ 3.98
2032 17, 096, 397, 099 $ 6$5,315 - $ 23, 518 $ 5fi1,$57 0.00003871 $ 3.87
2033 11, 609, 289, 012 $ 884, 375 - $ 22, 634 $ 861, 741 0.00003 758 $ 3.76
2034 18,137,567,682 $ 686,750 $ 685,750 - -
2035 18, 681, fi94, 713
~i~y Councii
Regarding
Report Re:
Annum Tax Rate 09 Agenda item #4L
os-03-o8
CITY OF ALAMEDA RESOLUTION NO,
E
0
~a
a
0
~.
REQUESTING ANDAUTHORIZINGTHE COUNTY OFALAMEDA
T4 LEVYATAXONALL REALAND PERSONAL PROPERTY 1N
THE CITY OF ALAMEDA AS A DOTER APPROVED LEVY FOR
THE GENERALOBLIGATION BANDS ISSUED PURSUANTTQA
GENERAL ELECTIQN HELD NOVEMBER 7, 2000
~ WHEREAS, on November 1, ZOOQ, voters of Alameda overwhelmingly
4 passed Measure "0", authorizing the issuance of bonds in the amount not to
a exceed $1 Q,60a,000 the "Bonds"y to finance the ac uisitian, construction and
~ q
v completion of a new Main Library facility and irnpravements to two branch
facilities in the City of Alameda the "project"; and
vIIHEREAS, the City of Alameda received a final grant award in
December, 2002 in the amount of $15,4$1,952; and
WHEREAS, Resolution No. 13563, adapted by the City Council an
March 4, 2003, authorized and directed the sale of not to exceed $10,600,000
aggregate principal amount of City of Alameda, California General Obligation
Bonds; and levying an aa~ valorem tax; and
WHEREAS, for the purpose of paying the principal of and interest on the
fonds, the City of Alameda must authorize the County of Alameda to levy and
collect annually each year an ad valorem tax in an amount sufficient to pay
principal and interest on the bonds; and
VIIHEREAS, Measure "0" set the maximum tax rate at $151$40,000 of
assessed valuation aver 30 years; and
VI~HEREAS, the required tax rate for Fiscal Year 200$-2008 is
$l.nal$100,004 of assessed valuation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Alameda hereby authorizes the County of Alameda to levy a tax on all real
and personal property in the County of Alameda as avoter-approved levy for
the General Obligation Bands issued pursuant to the General Election held
November 1, 2ooa.
BE IT FURTHER RESOLVED by the City Council of the City of Alameda
that the debt service for the $10,600,004 general obligation bands will be paid
from a tax levy on all real and personal property in Alameda of $1,00 per
$100,400 of assessed value for 2005-09.
**~~~~
Resolution #4-L CC
a~-43-os
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 a
regular meeting of the City Council on the 3rd day of June, 2ooS, by the
following Vote to wit;
AYES:
NOES:
ABSENT;
ABSTENTIONS:
IN IfUITNESS, ll1lHEREOF, l have hereunto set my hand and affixed the
official seal of said City this day ofJune X008.
Lora U1leisiger, City Clerk
City of Alameda
CITY OF ALAMEDA
Memorandum
To: Honorable Mayor and
Members of the City Council
From: Debra Kurita
City Manager
Date: ,~ une 3, 2Q0~
Re: Hold a Public Hearing to Confider Collection of Delinquent Business
License Fees Via the Property Tax Bills
BACK~R~UND
City of Alameda ordinance No. 2655 added Section 5-7.2, entitled "License a Debt," and
enacted several amendments and additions to the business license provisions of the
Alameda Municipal Code. Specifically, the ordinance provided for the collection of
delinquent business license fees and charges via the property tax bill. In order for this
assessment to be valid, it must satisfy the basic requirements of due process. The owners
must be given fair and adequate notice regarding the assessment and an opportunity for a
hearing.
DISCUSSION
The Finance Department continually pursues collection of business license tax from
owners and managers of commercial and multi-family residential rental properties with na
current business license. Although the Business License ordinance states that a notice or
bill is not required, property owners are notified by mail using the last mailing address
shown in the Countytax records and are given approximatelytwo months to respond prior
to sending the final notices, This year, final notices were marled on April 17, 20Q8.
Included with the notice was contact information written in the six languages most
commonly spoken within the City. There were 95 rental properties identified as not having
current licenses as of March 14, 2o08, In the interim, fees on 42 parcels have been paid;
therefore, fees on 53 parcels remain unpaid. As in past years, payments will be accepted
through June 30, 2QQ8, the date of filing with the County Tax Collector. Those parcels for
which licenses and fees are paid will not be placed on the tax roll,
BUDGET C~NSIDERATI~NlF1NANCIAL IMPACT
Business license fees are due and payable an July 1 of each year and are deemed
delinquentif not paid by July31 of each year. Collection efforts ensued fromAugust20a7
through April 2a48. The total uncollected license fees are $14,782.10. A ten percent
City Council
Public Nearing
Agenda Item #5-A
Og-D3-g8
Honorable Mayor and
Members of the City Council
June 5, 2007
Page ~ of 2
penalty is imposed for every month the fee is delinquent, up to a maximum of 6D°lo of the
annual fee. The total late charge included in the amount due as shown in the attached list
es $5, 94 ~ .37.
REC~MMENDATIaN
Authorize collection of delinquent business license fees via the property tax bills.
Respectfully submitted,
elle-Ann oyer
Chief Financial Officer
~~GVic,
By: Laura Gwynne
Supervising Accountant
JB:d[
Attachment
Exhibit ~ - 2ooS Business License Attachment
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CITY QF ALAMEDA
Memorandum
To: Honorable Mayor and
Members of the City Council
From: Debra Kurita
City Manager
Date: June 3, 2008
Re: Hold a Public Hearing to Consider Collection of Delinquent
Administrative Citation Fees Via the Pro ert Tax Bills
BACKGROUND
The Alameda Municipal Code RAMC} Section 1-7.12, entitled "Recove of
„ ~.
Administrative Costs, allows for the collection of any past due administrative citation
fines ar late payment charges by means of a judgment lien against real property on
which the violations} occurred.
DISCUSSION
The Code Enforcement section of the Planning and Building Department issues
administrative citations for violations of the AMC. When a property owner fails to
respond and voluntarily comply with repeated notices sent by Code Enforcement staff,
an administrative citation may be issued. In same cases the property owner refuses to
pay or appeal the fine, and additional citations are issued. Property owners are notified
of outstanding fees at the property address where the violations} occur by certified U.S.
mail, and, if different from the property address, at the mailing address on file. Gwners
are given 30 days to respond to each notice before Code Enforcement sends the final
notice. With the City Council's approval, those parcels for which administrative citation
fees are due and unpaid as of June 30, 2008, will have a judgment lien recorded
against the property on July 1, 2008. There are two properties on which a judgment lien
is being requested.
The property located at 1538 Lafayette has been issued 11 administrative citations for
violations of the AMC. The total now due is $9,750. Two large commercial trailers have
been constructed and parked in the side yard in violation of AMC, subsections 4-25.2
prohibited parking}, 30~4.5~b} illegal use} and 30-5 doff street parking}. Staff has
attempted to work with the property owner to relocate these trailers since June 2041.
Mr. W. Lance Russum, the attorney representing the court-appointed administrator of
the property, recently made contact with City Code Enforcement and legal staff,
requesting that the fees be waived. Staff informed the attorney that at this point of the
City Council
Public Hearing
Agenda Item #5-B
4G-43-48
Honorable Mayor and June 3, 2008
Members of the City Council Page 2 of 2
process, only the City Council has the authority to modify or waive the assessment of
the fees. However, staff does not recommend that these fees be waived. A substantial
amount of staff time has been exerted on the enforcement of this case since 2001, and
the collection of these fees will help the City recover some of the costs incurred through
the enforcement of the case. Mr. Russum stated that the tenant and owner of these
trailers will be evicted in mid-June 2008, and the estate will initiate the abatement of the
trailers. As a result, staff has agreed to cease issuing additional citations until August
30, 2008.
The property located at 2527 San Jose Avenue has been issued eight citations for
violations of the AMC. The total now due is $6,750. The basement of this property has
been converted into habitable and occasionally occupied living space without the
required permits in violation of AMC, sub-section 13-1.1 permits required}. Although
the property owner allowed a voluntary inspection, he has not appealed or responded to
staff s subsequent letters or administrative citations.
BUDGET CONSIDERATIDNIFINANCIAL IMPACT
Delinquent administrative citation fees will be determined at the close of business on
June 30, 2008, the final day for acceptance of late payments. Should the fees not be
paid, a lien shall be recorded against the real property for the administrative penalties
due. Fees due on the property at 1538 Lafayette are $9,750, and fees due on the
property located at 2527 San Jose Avenue are $6,750, for a total outstanding owed of
$16,500 See Attachment 1 }.
RECGMMENDATI~N
Authorize collection of delinquent administrative citation fees via the property tax bills.
Respectfully submitted,
Cathy 1N bury
Planning & Building Dire for
~~ ~
Greg c
Buildin al
By: Tim Higares
Senior Code Enforcement officer
Attachment:
1. Property Addresses Illlith Gutstanding Unpaid Code Enforcement Fees
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City Council
Attachment to
Public Hearins
Agenda Item #5-B
Ofi-03-08
CITY OF ALAMEDA
Memorandum
To: Honorable Mayor and
Members of the City Council
From: Debra Kurita
City Manager
Date: June 3, 2008
Re: Hold a Public Hearing and Adopt a Resolution Confirming the Business
Improvement Area Report for FY 2008-09 and Levying an Annual
Assessment on the Alameda Business Improvement Area of the City of
Alameda for FY 2005-09
BACKGROUND
The Business Improvement Area BIA} was established in 1989. Fees, based on sales
volume, are collected within two Benefits Areas, "A"and "B," with "A" businesses paying
slightly higher rates because of their proximity to the retail core. While the basic rate
structure for retail and service business in both Benefit Areas has remained the same
since inception, some fees do increase annually based on rises in the Consumer Price
Index CPI} for the San Francisco area. CPI-increased fees include: the flat fee
assessed non-retail; the fee paid by financial institutions; and the maximum charge in all
categories. The City's Finance Department projects no significant B[A revenue increase
this coming fiscal year after applying the CPI increase of 2.9 percent.
On May 20, 2008, the City Council received information on the proposed FY 200809
BIA assessments and activities Attachments A, B, and C} and adopted a Resolution of
Intention Attachment D} to Levy an Annual Assessment on the Alameda Business
Improvement Area for FY 2008-09.
DISCUSSION
The Park Street Business Association ~PSBA} and the West Alameda Business
Association ~WABA} included affected porkies in the process of adopting their proposed
activities and budgets by holding meetings, which were announced through business
association invitations, newsletters, and personal contact, These efforts led to the
approval of the PSBA and WABA BIA budgets by the members in attendance at these
meetings.
Notice of the Public Hearing was advertised in a newspaper of general circulation seven
days prior to the hearing. The public hearing will give affected parties a final opporkunity
to comment on the proposed assessment. During or following the public hearing, the
City Council may order changes in the report, including changes in the proposed
City COUn~~s
Public Hearing
Agenda item #5~C
06-0308
Honorable Mayor and June 3, 20Q8
Members of the City Council Page 2 of 3
activities, boundaries ar benefit areas. After the hearing, the City Council may adopt the
Resolution confirming the report as originally filed or as changed. Adoption of the
Resolution will constitute the levy of the assessment for FY 2008-09.
BUDGET CGNSIDERATIGIVIFINAfVCIALlMPACT
There is an impact on the General Fund in the farm of staff costs for the Finance
Department to process BIA billing and prepare disbursements. Finance Department
costs are included in the department's annual budget. BIA billing is done concurrently
with business license billing. Disbursements to the two business districts require
approximately six hours annually, a minimal dollar value. Revenues from the BIA
directly benefit business owners in specified geographic and benefit zones through the
promotion of business and similar eligible activities.
MUNICIPAL CQDEIPCLICY DOCUMENT CRGSS REFERENCE
A.M.C. Sec. 6-~ et seq. Also, the renewal of the BIA far another year supports both the
goals of the Economic Development Strategic Plan and the Downtown Vision through
continued operation of the two business associations.
RECGMMENDATION
Held a public hearing and adopt a Resolution confirming the Business Improvement
Area Report for FY 2008-Q9 and levying an annual assessment on the Alameda
Business Improvement Area of the City of Alameda far FY BOOB-o9.
Respectfu ub d,
e
L~ ie . Litt[e
evelopment Services Director
By: Dorene E. Soto
Manager, Business Development Division
By: Sue G. Russell
Economic Development Coordinator
D1~C1LALlDESISGR:rv
Honorable Mayarand
Members of the City Council
Attachments:
A} PSBA letter and report
B) WABA report
C) Assessments
D} Resolution of Intention, adopted May 20, 2oa8
cc: Economic Development Commission
Park Street Business Association
West Alameda Business Association
June 3, 248
Page 3 of 3
® ~~
® ® m
~~~ ~ Q
ID ~ ^
Business Association
April 28, X00$
Sue Russell
Managernent Analyst
Ecanornic Development Division
950 west Mall Square, Room 215
Alameda, CA X4501
Dear Ms. Russel:
sociation I am pleased to submit the attached BIA
As President of the Park Street Bus7ness As
d accom an ~ng 2QOSIZ009 budget for our A5SOC1at10n.
Report an p ~
. ~ S120D9. ~e have provided a description of
of antics ate any changes xn the BIA for 200 .
we don p
- ~ omen ear and the a$soc~ated line item budget.
the activities PSBR is proposing far the upc g y
Board of Directors in a phone poll conducted
' ro osed bud et was approved by the PSBA d to
Th1s p p g
ed at the Ma 28, 2008 meeting. Based on revenue receive
this week and w~l] be confirm Y f 5 ap0 resulting from
' ~ IA revenue of $83,4Q0 and a carryover o ~ ,
date, we anticipate 0$109 B is and cost containment by
7 m costs less than ant~cxpated staff benef t cos ,
reduced worker s co p
his brie s our OS1a9 BIA budget to $58,000.
PSBA. T g
' ns °u have regarding the attached material.
We would be glad to answer any quest~o y
Sincerely,
r
l rr ' ~~ .
~/
Debbie George
President
Park Street Business As50C1at10n
City Council
Attachment A to
Agenda Item #5-C
~~-D3-D8
(51D~ 523-392
Clara Avenue, Suite 3D2 treet Pro ram FAX t510~ 523-2372
2447 Santa A CAli f ornut N1atn S $
Alameda, CA 94501
PARK STREET BUSINESS ASSOCIATION
2447 Santa Clara Ave., #302, Alameda, CA 94501
PROPOSED ASSESSMENT FAR BUSINESS nVIPR~~EMENT AREA
FISCAL YEAR 2008/200
INTR~DUCTI~N:
The Park Street Business Association ~PSBA} is recommending a BIA budget of $85,400 for the
Park Street Business District for fiscal year X40812009. This recommendation is based on the
estimate of the income derived from the BIA assessment in fiscal x7108 as well as a carryover
from the 0710$ budget. The formulas, budgets, and proposed activities are the result of monthly
Board of Director and committee meetings between December, 2007, and April, 2005.
RYmc~TFT~
The BIA is one of four sources of funding for the activities proposed in this report. The other
three sources are funds raised by the Park Street Business Association, reimbursement from the
Landscape and Lighting Budget, and a proposed grant we will be seeking from the Development
Services Department. PSBA will continue its current activities, as well as implement new ones,
that are in line with the National Main Street Four-Point plan for revitalizing Main Street Cities.
BOUNDARIES
We are not proposing any changes this year.
A ~'TTVTTTF
Attached is a summary of the proposed activities for the fiscal year X00812009. These activities
are designed to improve the pedestrian friendly look of the Park Street District, improve the
vitality of the District in order to increase sales and sales tax revenues, promote members'
businesses, attract new businesses to the District and increase the overall business atmosphere in
the Park Street District. Several projects are continuations from the 2007/2008 fiscal year.
PARK STREET BUSINESS ASSOCIATION
2008/09 Membership Committee
Work Plan Outline
1. Conduct Meetings
a. Mixers
b. Special Election Meeting (October)
c. Informational Meetings most of the meetings
d. Holiday Party
2. Awards
a. Continue current awards program (recognizing PSBA members and city staffl
3. Welcarne New Members
a. Update New Member Packet
b. Recruit block captains to greet new members
c. Greet new members to the District with packets as they move into thezr business
4. Newsletter
a. Continue mailing newsletter every month
b .Update mailing list
2008/09 Design Committee
Work Plan Outline
1. l~esi n Guidelines
a. Determine acceptable and not acceptable design criteria
b. Write Guidelines
c. Submit to PSBA Board for Approval
d. work with City Staff to have new ordinances presented to City Council
2. Streetsca a Phase I~
a. work with City staff to ensure the implementation of Phase Zr
b. Implement Phase 11 in the summer of 2005
3. Sign Qrdinance
a. work with City Staff to ensure enforcement
4. Promote Fa ode Grant Pro ram
a. Newsletter articles
b. outreach by Committee
PARK STREET BUSINESS ASSOCIATION
2008/09 Econ-Revi Committee
Work Plan Outline
l . Assist with ~usiaess Recruitment
a. Identify empty storefronts
b. work with City Staff and contract staff to promote the District as a positive business
destination
2. ordinances
a. Vacant Buildings -begin discussions with City Staff to beef up ordinance
b. Parking overlay to exempt developers in the District from in Iieu parking fees,
3. Maiatenance
Continue current level ofservice -- 7 days a week
2008/09 Promotions Committee
Work Plan Outline
1. Continue S ecial Eveats
a. Spring Festival mother's day weekend}
b. Art & wine Faire blast weekend of July}
c. Classic Car Shaw (~n~ Saturday in October}
2. Promotions
a. Shopping Guide produced once a year
b. Continue to upgrade and update our Web Site
3. Print Advertisia
a. Continue Best of Alameda PSBR pages
b. Continue Holiday campaign
c. Continue Alarnedal~akland Magazines campaign
4. Cable Advertising
a. Continue ads for special events
b. Continue ads for Holiday Program
5. Holiday Promotions
a. Cable ads two weeps prior to Christmas
b. Free parking all weekends after Thanksgiving
c. Continue print ads in Chronicle, Journal, Sun, Alameda and Oakland Magazines
METHaD AND BASIS ~F LEVYING AS5ES5MENT
Budget: See Exhibit A
CDNCLUSI~N
PSBR would like to thank the Alameda City Council, City Attorney, Community Development,
Public Works and Finance Departments far their assistance in implementing the BIA, The
increased participation from the business community and the continued quality of projects has
shown the BIA is a valuable tool in our continuing efforts to revitalize the Park Street Historic
Business District.
Exhibit A
Park Street Business Association
2008/2009 BIA Budget Submission
INCI~ME:
BIA Projection $83,000
Accumulated Carryover $5,000
Total Income: $88,000
EXPENSES:
Personnel Services
Staff Salary $13,100
Worker's Comp $11,900
Payroll Taxes 15 700
Sub Total $40,700
Membershiu Services
MeetingslTraining $2,S OD
Printing $200
Maintenance Supplies 14 000
Sub Total ~ 1 X700
~ndirectlaverhead
AccountinglAudit X8,000
Rent ~ ~ 3,$00
Utilities ~ 1,600
Equipment $2,200
Insurance $5,000
Sub Total $30,00
Total Expenses $88,000
WEST ALAMEDA BUSINESS ASSOCIATION
PO Bax 215, Alameda, CA 94501
~510~ 523-5955 west_alameda„@ yahvo,c~m
www.'WestAlamedaBusi ness.com
PROPOSED ASSESSMENT FOR THE
WEST ALAMEDA BUSINESS IMPROVEMENT AREA
FISCAL YEAR JULY 1, 2008 -JUNE 30, X009
INTRODUCTION
The west Alameda Business Association ~WABA} is recommending the following assessment far
the Webster Street Business District for fiscal year ~FY} Z008-200. The formulas, budgets and
proposed activities are the result of various Board and committee meetings. The Business
Improvement Area ~BIA} Budget was presented far adoption at the Executive Board meeting May
14, 2005.
PROPOSED CHANGES
WABA is not recommending any changes to the Business Improvement Area.
ACTIVITIES
The following is a summary of proposed activities for the fiscal year 2008-2009. These activities
have been discussed at various Board and committee meetings. wABA's mission is to use these
activities to increase the vitality of Webster Street and west Alameda and preserve Webster Street's
historic character. We seek to generate mare foot traffic, increase sales and sales tax, promote
members' businesses and increase the public goodwill and atmosphere in west Alameda,
The BIA is the source of funding for these activities. WABA will continue its current activities and
irnplernent others that follow the Main Street Faur-Paint Approach established by the National
Trust for Historic Preservation.
It is estimated that there will be no carry forward from the 2007-2008 budget.
The estimated BIA revenue far 2008-200 is $32,000.
The following are activities proposed for 2008-200. Sevexal projects are continuations from
previous fiscal years.
City Council
Attachment B to
Agenda Item #5-C
os-o~-oa
EC4Na~IIC RESTRUCTURING
• Facilitate development of high-potential properties
• Work with the City to attract appropriate businesses
• Monitor the impact of new and re-use housing projects
• Determine the potential for eco-tourism as a West Alameda business opportunity
• Investigate sources of entertainment as a business opportunity for West Alameda
• Work with the City and others to implement the Strategic Economic I}evelopment Plan,
including parking plan, catalyst project and business attraction strategies
• Continue business retention activities
DESIGN
• Identify projects for facade improvements
• Develop beautification program
• Continue helping members with the Facade Grant Program
• Build broad-based community support for ongoing projects
• Work with City to implement recent changes to sign ordinance
• Fulfill public art requirements
• Work with the City in accomplishing Phase II of the Webster Renaissance Project
SPECIAL EVENTS
• Participate in July 4~' events
• Produce advertising for the Association and businesses
• Produce year-round Farmers' Market
• Produce Thursday night Fanners' Market during runner months
• Produce Concerts at the Cove
• Produce Webster Street Wine and Dine Nights
• Produce annual Halloween event
• Produce 6~' annual Jam Festival
• Produce holiday bazaar and visit from Santa
PUBLIC RELATIGNS
• Generate increased favorable publicity about West Alameda
• Maintain contacts with key media representatives
• Update and distribute marketing literature promoting West Alameda businesses
• Continue implementing stxategic marketing plan, including branding strategy, v~ebsite, weekly
columns and calendar of events, cooperative advertising program and business attraction
strategy
ORGANIZATION
• Manage the administrative activities of the organization
• Expand community and business participation with WABA
• organize and host business and community events for members
• Conduct annual self-evaluation of Board members and staff
• Produce and distribute WABA newsletter
• Recruit members from outside the BIA and among residents
• Distribute information door-to-door
• Involve important neighbors e. g. College of Alameda, Marina Village, Alameda Point in
WABA's activities
• Implement enhanced volunteer program, including recruitment, volunteer appreciation activities
and txaining
• Continue implementing enhanced maintenance program, including cleanup events, keeping up
appearances awards and collaboration with City maintenance staff to resolve issues such as
illegal dumping ,littering and public health hazards
METHOD & BASI5 GF LEVYING ASSESSMENT
Budget, see Exhibit A
Assessment, see Attachment C
CDNGLUSIDN
WABA would like to thank the Alameda City Council, City Attorney, Development Services,
Public Works, Planning and Finance Departments for their assistance in implementing the BIA.
Please visit the WABA website, www.westalamedabusiness.com, to see the many ways V~ABA
promotes the West End. The BIA is a valuable tool in our continuing efforts to revitalize West
Alameda's historic business district.
3
n
MEDA BUSYNESS IMPROVEMENT AREA - NON-RETAIL
ALA
FIS C A L YEAR X008-09
ndent contractors who
Professionals and indepe P rirnarily go out into the public to sell to clients
andlor do not operate retail stores.
Accountant
Advertising
AREAA=$127.~~
Ambulance
Answering service g ~- 8200
AREA -- $
Architect
Attorney
Building maintenance
Business services
Construction
Consultants
Contractors
Counselor
Czedit Unions with restricted membership
PRA-RATED FEES
Decorator
Electrician A B
Employment
Engineer
127.04 ~ S2 ~Q
Gardener
Graphic arts
JULY
127.00 SZ.00
Handyman
HealthfMedical professions
AUG 00
116.00 75,
Importers
Insurance
SEPT
I06.D0 68.00
Landscape
Mail order
OCT
95,00 62.D0
Manufacturer
Manufacturer'slsales reps
NGV 55,00
85.00
Mortuary
Newspaper publishing
'
DBC 48.00
74.00
lit
Nursrng facx y
Painters
..
. ~ ... ~ AN
64.00 41, OD
Pest control
Plumber
FEB
5 3.00 34.00
Property management
Real estate
MAR
42.00 27.00
Schoolllnstruct~on
Security
APR
32.00 25.00
Stockbrokers
Tax consultants
N1AY
25.00 25.00
Travel
Veterinary
JUNE
25.00 25.00
Wholesalers City Council
Misc. profess~onallaffice n C to
A#tachme t
Agenda Item #5-C
1 os-o~-as
ALAMEDA BUSINESS IMPROVEMENT AREA -RETAIL SERVICE
FISCAL YEAR ZaUB-a9
Businesses that operate a stare where people go to purchase a service,
Alarm and fire extinguisher service
Appliance service
AthleticfHealthGlub
Auto lass
g AREA A = .~~f1,4II0 GR
Auto u holstery
P MINIMUM ~ $127.00
Auto washl arking
P MAXYMUM = $1,672.00
Auto repair
Barber AREA B = .ZO~1,OOa GR
Beauty MINIMUM = $ BZ.Oo
Cleaners MAXIMUM = $ B 21.00
Electronics service
Furniture repair
~Iotellmatel
Ike s~Locksrnith
Y PRA-RATED MINXMUM FEES
Laundromatllaundry A B
Marine service $127,00 $82.00
Pet services
Photography studio JULY 127.00 82•x0
Printing
Shoe service AUG 116.OQ 75.00
5 torage
Tailor SEPT 106.00 68.00
Tattoo
U holstery
P OCT 95.00 62.00
NQY 85.D0 55.00
DEC 74.D0 X8,00
JAN .64.00 4X,00
FEB 5 3.00 3 4. Do
MAR X2.00 27.00
APR 32.00 25.00
MAY 25.00 25.00
JUNE 25.00 25.00
2
ALAMEDA ~U5INE5S IMFRGVEMENT AREA - RETAIL GOLDS
FISCAL YEAR 2~US-U9
Businesses that operate a store where people go to purchase a product.
Alcoholic
Amusement
Antiques
Appliances sales AREA A = .4~I1,U~0 GR
Art MINIMUIVI = $ 25 ~ .00
Aura dealer MAXIMUM = $1,b72.00
Auto stexeo
Auto supply AREA B = ,Z011,00~ GR
Bakery MINIMC~M = $127.00
gar MAXIMUM = $ 840.00
Bicycles
Books
Clothing
COIri
Computer sales
Druglvariety PR~~RATED MINIMUM FEES
Electronics sales A B
Fishing $251.00 127,00
Floor coverings
Florist JULY 251.OU 127.U0
Food
Furnishings AUG 230.00 115.D0
Furniture
Gasoline stations SEPT 209.U0 IUb.UD
Gift
Hardware OCT 1 SS.UU 95.U0
Hobby
Jev~elry NOV 1~7.OU 85.00
Magalineslnewspaper sales
Marine sales DEC 14.00 74.00
Market
Medical su lies
FP JAN 12b.00 b4.Ofl
Music
Nursery FEB 105.00 53.00
Office supplieslequipment
Optical supplies MAR $4,00 42.Oa
Pet supply
Product rentals APR G3.00 32.00
Restaurant
Shoe sales MAY 42.Ua 25.00
Sporting goods
Thriftlused merchandise TUNE 25.00 25.00
Theaterlclub
3
video
Other retail goods
ALAMEDA BU5INE55 IMPRO'~EI~IVIENT AREA
FINANCIAL I1~5TITUTIONSfUTILITIES
FISCAL YEAR ZD08-49
Banks
Savings and Loans AREA A & S = $ 840.00
Credit Unions operating to the general public
Utilities
CITY OF ALAMEDA RESOLUTION NO.
RESOLUTION GF INTENTION TO LEVY AN ANNUAL ASSESSMENT ON THE ALAMEDA
BUSINESS IMPROVEMENT AREA GF THE CITY OF ALAMEDA FOR FY 2007-OS AND SET
A PUBLIC HEARING FOR JUNE 3, 2008
WI~REAS, Section 6-7 of Article II of Chapter VI of the Alameda Municipal Code
establishes the Alameda Business Improvement Area of the City of Alameda thereinafter "Area"};
and
WHEREAS, the Area comprises all of the Park Street Business Area, included by
reference on the map and list of inclusive addresses included in this Resolution as Exhibit A and C,
respectively; and all of the Webster Street Business Area included by reference on the map and list of
inclusive addresses included in this Resolution as Exhibit B and C, respectively; and
WHEREAS, the improvements and activities authorized by the Ordinance include the
general prarnotion Qf business activities in the Area, the promotion of the public events which are to
take place on or in public places in the Area, the decoration of any public place in the Area, the
furnishing of music in any public place in the Area, and the acquisition, construction or maintenance
of parking facilities far the benefit of the Area; and
WHEREAS, agreements between the City of Alameda (hereinafter "City"} and the
Park Street Business Association thereinafter "PSBA"} and the Nest Alameda Business Association
thereinafter "WABA"} designated PSBR and WABA to administer Business Improvement Area
thereinafter "BIA"}funds for their respective geographic zones of the BIA; and
WHEREAS, PSBR and WABA have filed reports with the City Clerk describing the
surplus or deficit revenues to be carried over from FY 2047-OS and describing the improvements and
activities, estimated costs and methods and basis for levying the assessment for FY 2008-0~,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda that
FSBA and WABA are hereby designated as the BIA Advisory Body for 2005-09; and
BE IT FURTHER RESOLVED that the City Council hereby sets a public hearing to
consider the annual assessment far the Area and to consider any modification of benefit areas or
change in boundary for June 3, 2008, at which time written or oral protests may be made; and
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to advertise said public
hearing by causing this Resolution of Intention to be published ante in a newspaper of general
circulation in the City not less than seven days before the public hearing,
~~~~~*
City Council
Attachment D to
Agenda Item #5-C
afi-~3-o8
CITY GFALAMEDA RESOLUTION ND.
E
L
0
0
~.
CONFIRMING THE BUSINESS IMPROVEMENT AREA REPORT FGR
FY 20x8-49 AN d LEVY1 NG AN AN N UAL ASSESSM E NT C N TH E
ALAMEDA BUSINESS IMPROVEMENT AREA OF THE CITY OF
ALAMEDA FOR FY 2048-09
~~
~v
Q
~, vvHEREAS, Section 6-l of Article II of ChapterVl of theAlameda Municipal
~' Codeestablishes theAlameda Business ImprovementArea of the CityofAlameda
~hereinafterArea}; and
VvHEREAS, the City Council of the City ofAlameda desires to continue said
Area in FY 2007-08 for the purpose set forth in Section 0-1.3 of the Alameda
Municipal Code; and
1NHEREAS, a report has been filed with the City Glerk describing the
surplus or deficit revenues to be carried over from FY 2007-D8 and describing the
improvements and activities, estimated costs and methods and basis for levying
the assessment for FY 2008-00; and
VIJHEREAS, the City Council at its regular meeting of May 24, 2008
adopted a Resalutian of Intention to Levy an Annual Assessment on the Alameda
Business ImprovementArea of the City of Alameda for FY200S-a9 and to seta
public hearing forsuch action; and
UVHEREAS, a duly noticed public hearing regarding each action was held
by the City Council an June 3, 2008.
h1DV11, THEREFORE, BE IT RESOLVED by the City Council of the City of
Alameda that the BIA report for FY 2005-09 with any madificatians as directed by
the Council~following closure of the Public Hearing, is hereby confirmed.
BE IT FURTHER RESOLVED by the City Council of the City of Alameda
that an assessment for the Business Improvement Area of the City of Alameda for
~Y 2008-09 is hereby levied.
~~~**~
Resolution #5-C
4~-03-08
I, the undersigned, hereby certify that the foregoing Resolution was duly
and regularly adapted and passed by the Council of the City of Aiarneda in a
regular meeting assembled on the 3rd day of June, 2g~8, by the following vote to
wit:
AYES
NOES:
ABSENT:
ABSTENTIONS:
IN vv~TNESS, VIIHEI~EOF, I have hereunto set my hand and affixed the
seal of said City this day of , 2~Q,8.
Lora vtileisiger, City Clerk
City of Alameda
CITY ~F ALAMEDA
Memorandum
To: Honorable Mayor and
Members of the City Council
From: Debra Kurita
City Manager
Date: June 3, 2Q08
Re: Allocate $99,218 in Measure B - Transbay Ferry Funds, and Approve a
Second Amendment to the Contract in the Amount of $99,218, to Marine
Express, Inc., for the Main Street Ferry Terminal Barge Maintenance
~roiect
BACKGROUND
Gn December 5, 2096, the City Council awarded a competitively bid, professional
services contract in the amount of $331,0x4 to Marine Express, Inc., for the Main Street
Ferry Terminal Barge Maintenance project. The project, as originally envisioned, would
remove, dry-dock, repair, and reinstall the existing barge used for docking the ferry
vessels during the boarding and alighting of passengers. On February 5, 2008, the City
Council approved an amendment to the Agreement {First Amendments to allow for
repair and installation of an Alameda Reuse & Redevelopment Authority ~ARRA~-owned
barge and surplus the old barge. vvork is nearing completion, and staff recommends
amending the contract to include additional work and to increase the contract amount.
DISCUSSION
In February 2408, staff estimated the total cost of the project at $566,000, which
included a Time and Materials estimate for the deballasting of the old barge. Actual
project costs e~cceeded this amount by $62,21 H, The increased costs included: $56,098
for deballasting and stabilizing the old barge and $6,120 for additional engineering of
ARRA-owned barge modifications.
In addition, staff proposes to use Marine Express to perform additional work that
includes modifying the Main Street gangway to meet Americans with Disability Act
DADA) requirements for $25,000, and replacing the storm-damaged south end of the
norkhlsouth walkway segment for $1,400. Segment replacement requires removing
the existing segment and reattaching it with a new support beam, end cap, and all new
end rails. The total cost of the additional tasks would be $31,004. A copy of the
Second Amendment is on file in the City Clerk's office.
City Council
Agenda Item #5-D
o~-o~-os
Honorable Mayor and June 3, 2048
Members of the City Council Page ~ of 2
BUDGET CCNSIDERATI~NIFINANGIAL IMPACT
The Barge Maintenance Project is budgeted under the Capital Improvement Program
Project No.'s 90-723, 90-453, 90-557, and 94-615, with funds available from
Metropolitan Transportation Commission's Regional Measure 1-2°/o Bridge Toll
Program, and Measure B -Transbay Ferry funds. The $99,2 8 required for the Second
Amendment would be provided from Measure B -Transbay Ferry reserve funds. There
is no impact to the General Fund associated with AlamedalCakland Ferry Service
operations.
MI~NICIPAL CCDEIPCLICY DOCUMENT CROSS REFERENCE
The City's Ferry Service is consistent with the General Plan Transportation Element
Guiding Policy 4.3.f.
REGCMMENDATIGN
Allocate $99,28 in Measure B -Transbay Ferry funds, and approve a Second
Amendment to the contract in the amount of $g9,2~ 8, to Marine Express, lnc., for the
Main Street Ferry Terminal barge maintenance project.
Respectfully submitted,
G%Z p~ L
Matthew T. Naclerio
Public Works Director
C~naa# ~' .ne.h~,
By: Ernest Sanchez ~ ~
Ferry Manager
MTN:ES:gc
cc: Watchdog Committee -Ferry
The staff report for Item 5-E will be
provided under separate cover
Re: Item 5-E
06-03-08
C ITY OF ALAM E DA
Memorandum
To: Honorable Mayor and
Members of the City Council
From: Debra Kurita
City Manager
Date: June 3, Zaos
Re: Receive a Report on Proposed PERS Golden Handshake Retirement
Under California Government Code Section 2o9o3
BAC KG R O U N D
The PERS "Golden Handshake" program, as established under California Government
Code Section 2a9a3, allows a City, as a part of a budget reduction process, to Offer a
retirement incentive of two years extra service credit to employees in designated
positions. The parameters of the program require that the employees must be eligible to
retire, have at least five years of service with PERS, and must retire within the period of
time identified by the Council. Additionally, the program requires the City to provide public
notice of the potential casts and savings generated from implementing this program at
least two weeks prior to the adoption of a resolution that it intends to offer this retirement
option.
DlscussloN
The following positions are being eliminated and have been identified for consideration for
the Gulden Handshake program:
DepartmentlDivisionlUnit Classification
Finance DepartmentllT Division Administrative Management Analyst
Finance DepartmentflT Division Telecommunication Maintenance Technician
BUDGET CaNSIDERATfGNIFINANCIAL IMPACT
The added retirement cost will be included in annual valuation reports from PERS
beginning with fiscal year 2011!2012. Gnly the casts far those employees who actually
retire under these provisions will be included. Annual fiscal year savings are calculated
based an applicable incumbent criteria.
City Council
Agenda Item #5-F
os-a~-as
Honorable Mayor and
Members of the City Council
June 3, 2008
Page 2 of 2
It is estimated that the PERS cost and annual savings to the General Fund will be as
follows:
Estimated Subsequent
PERS Savings per
Classification Cost Fiscal Year
Administrative Management Analyst $ 49,842 $ 94,042
Telecommunication Maintenance Technician 43 376 77 457
Total $ 93,218 $171,499
RECaMMENDATION
Receive this report identifying the costs of the proposed PERS Gallen Handshake
program and direct staff to prepare a resolution approving a Golden Handshake
retirement period to be considered at the June 1l, 2008 meeting.
RespectFul submit
Karen Willis
Human Resources Director