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2008-06-17 Packet~h f •; ~J ' may` '.~h~ ~nJ o 'N ~ r~ +~ ~ r~) ~r.s~.,,. ~ITY~FALAMEDA•CALIF ~. ~ ,~~~~, ~RNIA ,~ ~ ,``,``.'',LL. ~ L 4l~ ,~ ~' ~L~ ~~~ ,i51RRhi (J~ ~~~~~ SPECIAL MEETING OF THE CITY COUNCIL TUESDAY - - - JUNE I7, 2008 - - - 6:00 P,M. Time; Tuesday, June l7, 2008 6:00 p,m. Place; Cit Council Chambers Conference Room, City Hall, corner of Santa Clara Avenue and Oak Street. Anr nr~a 1, Roll Call -- City Council 2, Public Comment on Agenda Items Only Anyone wishing to address the Council on agenda items anly, may speak for a maximum of 3 minutes per item 3. Adjournment to Closed Session to consider: 3-A, CONFERENCE WITH LABOR NEGOTIATORS Agency Negotiators: Craig Jory and Human Resources Director Employee Organizations; All Public Safety Bargaining Units 3-B, WORKERS' COMPENSATION CLAIM X54956,95} Claimant: Robert Cranford Agency Claimed Against: City of Alameda 4. Announcement of Action Taken in Closed Session, if any 5. Adjournment - City Council +r'~ Beverl Jo on Mayor ~~~ ~~ tJ n ~~ ~ ~~; ' r.~ ~~1, .~ 3 , ~~ /gyp ~ 8 rr~6'TP,RA~~'(~'lY`W ~~~Q~~ CITY OF ALAMEDA • CALIFORNIA IF YOU WISH TO ADDRESS THE COUNCIL; 1. Please file a speaker's slip with the Deputy City Clerk and upon recognition by the Mayor, approach the podium and state your name; speakers are limited to three 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 l7, 200 - - - - 7:30 P.M. [Note: Regular Council Meeting convenes at 7:30 pm, City Hall, ~~~~cil ~,ae~~, corner of Santa Clara Ave and Oak St] The Order of Business for City Council Meeting is as follows: 1. Roll Call 2. Agenda Changes 3. Proclamations, Special Orders of the Day and Announcements 4. Consent Calendar 5. Agenda Items 6. Oral Cammunications, Non-Agenda Public Comment? 7. Cauncil Referrals 8. Communications Communications from Council 9. Adjournment Public Participation Anyone wishing to address the Council on agenda items or business introduced by Councilmembers may speak for a maximum of 3 minutes per agenda item when the subject is before Council. Please file a speaker's slip with the Deputy City Clerk if you wish to address the City Council SPECIAL MEETING OF THE CITY COUNCIL 6:00 P.M. CITY COUNCIL CHAMBERS CONFERENCE ROOM Separate Agenda Closed Session? SPECIAL JOINT MEETING OF THE CITY COUNCIL, ALAMEDA 7:31 P.M. PUBLIC FINANCING AUTHORITY, ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY, AND COMMUNITY IMPROVEMENT COMMISSION, CITY COUNCIL CHAMBERS Separate Agenda PLEDGE OF ALLEGIANCE 1. ROLL CALL - City Council 2. AGENDA CHANGES 3. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS 3-A. Proclamation recognizing contributions to the City by gay and lesbian residents and encouraging the community to recognize these contributions, particularly during the month of June, Gay Pride Month. 4. CONSENT CALENDAR Consent Calendar items are considered routine and will be enacted, approved or adopted by one motion unless a request for removal for discussion or explanation is received from the Council or a member of the public 4-A. Minutes of the Special City Council Meeting held on May 27, 2008; and the Special and Regular City Council Meetings held on June 3, 2008. City Clerk} 4-B. Bills for ratification. Finance} 4-C. Recommendation to award Contract for Legal Advertising for Fiscal Year 2007-2008. City Clerk} 4-D. Recommendation to award a Contract in the amount of $163,112, including contingencies, to Saurez & Munoz Construction, Inc., for Rittler Park irrigation and field renovation improvements, No. P.W. 11-07-34. Public works} 4-E. Recommendation to adopt Plans and Specifications and authorize a Call for Bids for repair of Portland cement concrete sidewalk, curb, gutter, driveway, and minor street patching, Fiscal Year 2008-2009, Phase 9, No. P.W. 05-08-13. Public Works} 4-F. Adoption of Resolution Adopting a Multiple Year Resolution Authorizing the Public Works Director to Submit Grant Applications to the California Integrated Waste Management Board for All Available Grants Under the California Oil Recycling Enhancement Act for the Period of July 1, 2008 Through June 30, 2012. Public Works} 4-G. Adoption of Resolution Authorizing the City Manager to Submit a Request and Execute All Required Agreements and Documents to the Alameda County Congestion Management Agency for the Transportation for Clean Air Grant Applications, in the Amount of $315,000, for the Signal Coordination and Transit Signal Priority Along Constitution Way Between Mariner Square Drive and Atlantic Avenue. Public Works} 4-H. Adoption of Resolution Amending Resolution No. 9460 to Reflect Current Positions and Entities to be Included in the City of Alameda's Conflict of Interest Code and Rescinding Resolution No. 14094. City Attorney? 4-I. Introduction of Ordinance Amending the Alameda Municipal Code by Amending Subsection 8-26.1 Use of Coasters, Roller Skates, and Similar Devices Restricted} of Section 8-26 Coasters, Skates, Etc.} of Chapter VIII Traffic, Motor Vehicles, and Alternative Transportation Modes} and Subsection 23-1.3 Riding of Bicycles and Skateboards in Parks, Etc.} of Section 23-1 Parks and Squares} of Chapter X~III Parks, Recreation Areas and Public Property} to Expand the Prohibition to Include Skateboards and Their Use in City Owned or Leased Property, Buildings or Structures Unless Authorized by Subsection 23-1.3. Police} 5. REGULAR AGENDA ITEMS 5-A. Public Hearing to consider Adoption of Resolution Authorizing Collection of Delinquent Integrated Waste Management Accounts by Means of the Property Tax Bills. Public Works} 5-B. Public Hearing and related actions regarding Alameda Ferry Services: • Adoption of Resolution Authorizing the City Manager to Apply for Regional Measure 1 Bridge Toll Funds, Including Five Percent Unrestricted State Funds and Two Percent Bridge Toll Reserve Funds for the Operating Subsidy and Capital Projects for the City of Alameda Ferry Services, and to Enter into All Agreements Necessary to Secure These Funds for Fiscal Year 2008-09; • Recommendation to authorize the City Manager to execute a third amendment to the amended and restated Ferry Services Agreement with the Port of Oakland to extend the term for one additional year at a cost of $83,117; • Public Hearing on the proposed implementation of a fuel surcharge for the Alameda/Oakland Ferry Service, and recommendation to authorize the City Manager to execute a one-year extension of the Blue & Gold Fleet Operating Agreement with the Alameda/Oakland Ferry Service, and execute an amendment to the Agreement to extend the term trlrough June 30, 2010, adopt associated budgets, and approve the proposed fuel surcharge for the Alameda/Oakland Ferry Service; and • Public Hearing on the proposed implementation of a fuel surcharge for the Alameda Harbor Bay Ferry and recommendation to authorize the City Manager to execute a one-year extension of the Harbor Bay Maritime Ferry Operating Agreement with the Alameda Harbor Bay Ferry, and to execute an amendment to the Agreement to extend the term for one additional year, adopt associated budgets, approve Fiscal Year 2007--2008 Budget Adjustment and Measure B allocation, and approve the proposed fuel surcharge for the Alameda Harbor Bay Ferry. Public works} 6. ORAL COMMUNICATIONS, NON-AGENDA Public Comment} Any person may address the Council in regard to any matter over which the Council has jurisdiction or of which it may take cognizance, that is not on the agenda 7. COUNCIL REFERRALS Matters placed on the agenda by a Councilmember may be acted upon or 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 8-A. Consideration of Mayor's nominations for the Civil Service Board, Film Commission, Housing Commission, Library Board, Planning Board, Public Art Commission, Public Utilities Board, Social Service Human Relations Board and Transportation Commission. 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, Room 380, during normal business hours • Sign language interpreters will be available on request. Please contact the City Clerk at 747-4800 or TDD number 522-7538 at least 72 hours prior to the Meeting to request an interpreter • Equipment for the hearing impaired is available for public use. For assistance, please contact the City Clerk at 747-4800 or TDD number 522-7538 either prior to, or at, the Council Meeting • Accessible seating for persons with disabilities, including those using wheelchairs, is available • Minutes of the meeting available in enlarged print • Audio Tapes of the meeting are available upon request • Please contact the City Clerk at 747-4800 or TDD number 522-7538 at least 48 hours prior to the meeting to request agenda materials in an alternative format, or any other reasonable accommodation that may be necessary to participate in and enjoy the benefits of the meeting CITY OF ALAMEDA • CALIFORNIA SPECIAL JOINT MEETING OF THE CITY COUNCIL, ALAMEDA PUBLIC FINANCING AUTHORITY APFA} AND ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY ~ARRA}; AND ANNUAL MEETING OF THE COMMUNITY IMPRO~TEMENT COMMISSION CIC} TUESDAY - - - JUNE 17, 2008 - - - 7:31 P.M. [Note: The Special Joint Meeting is combined with the Annual Meeting of the Community Improvement Commission.] Location; Cit Council Chambers, City Hall, corner of Santa Clara Avenue and Oak Street. Public Participation Anyone wishing to address the Council/Authority/Board/Commission an agenda items or business introduced by the Council/Authority/ Board/Commission may speak for a maximum of 3 minutes per agenda Item when the subject is before the Council/Authority/ Board/Commission. Please file a speaker's slip with the Deputy City Clerk if you wish to speak on an agenda item. 1. ROLL CALL - City Council, APFA, ARRA, CIC 2. MINUTES 2-A. Minutes of the Special Joint City Council, Alameda Public Financing Authority, and Community Improvement Commission Meeting held on June 3, 2008; and the Special Joint City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission Meeting held on June 4, 2008. iCity Council, APFA, CIC] City Clerk} 3. AGENDA ITEMS 3-A, Public Hearing and related actions regarding the Fiscal Year 2008-09 Budget: 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 Authorizing 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 Authorizing and Directing Certain Actions with Respect Thereto. [APFA]; • Public Hearing to consider Adoption of Resolution Amending Master Fee Resolution No. 12191. [City Council]; • Public Hearing to Establish Proposition 4 Limit ~Appropriatian Limit} for Fiscal Year 2008-2009; and Adoption of Resolution Establishing Appropriations Limit for Fiscal Year 2008-09. [City Council]; and • Adoption of Resolutions Approving and Adopting the Operating Budget and Appropriating Certain Moneys for the Expenditures Provided in Fiscal Year 2008-09. [ARRA, CIC]; and Adoption of Resolution Approving and Adopting the Operating Budget and Capital Improvements and Appropriating Certain Moneys for the Expenditures Provided in Fiscal Year 2008--09 and Establishing an Other Past Employment Benefit ~OPEB} Plan; and Adoption of Resolution Establishing Guidelines far Reimbursement of Per Diem Allowance for City of Alameda Business Travel. [City Council] Finance} 4. ADJOURNMENT - City Council, APFA, ARRA, CIC Beverly Joh o a r Chair, Ala Pu lic Financing Authority, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission Proclamation 1ti~~R~~4S, June is recognized internationall and locall as a and lesbian Y Y gY month of pride and celebration; and W~~R~~4S, members of the Alameda a and lesbian communi contribute to g Y ty and participate in activities benef icial to the City of Alameda; and W~~R~~S, members of the Alameda a and lesbian communi share in and . g Y ty contribute to our collective ~ culture of strop , Iovin ,and endurin g g g friendships and families; and ~U~f ~R~~IS, members of the Alameda a and lesbian communi continue to g Y ty dedicate their lives to our coup in eve ca aci , includin the ~Y ~'' p tY g military and military reserves, in times of peace and war; and 1~1~{~R~~4S, the California Supreme Court recentl ruled that the California Y Constitution guarantees gays and lesbians the dignity and res ect p equal to that conferred on all others whose unions are designated as marriages and therefore the state cannot limit the designation of marriage to opposite-sex unions, and the gay and lesbian community celebrates this ruling; and Wj`E~R~fIS, members of the Alameda gay and .lesbian community's quest for equality is celebrated and supported by many members of the community at large. NOW, T~E~R~~OR~ ~~ IT 1Z~SOLVf~, that I, Beverly J. Johnson, Mayor of the City of Alameda, hereby proclaim the month of June to be G,4Y f'ftI'D~ MONT}f in appreciation of the contributions of our gay and lesbian community and its successful quest for equal rights. Be rly . o on ayor City Council Agenda item #3-A 06-'11.08 • - . s, L ~~ - , UNAPPROVED MINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY- --MAY 27, 200$- -6:00 P.M. Mayor Johnson convened the Special Meeting at 6:12 p.m. Councilmember Gilmore led the Pledge of Allegiance. Roll Call - Present: Councilmembers deHaan, Gilmore, Matarrese, Tam and Mayor Johnson - 5. Absent: None. (08- } Workshop on the City's Two-year Financial Plan and Capital Improvement Projects for Fiscal Years 2008-10. The City Manager gave a Polder Point presentation. Mayor Johnson raised questions about the decline in housing sales. Councilmember deHaan inquired what is the surcharge for Alameda Power & Telecom SAP&T}, to Wh1Ch the City Manager responded the amount would be provided. The City Manager continued the presentation. Mayor Johnson inquired whether there is a portion of the Public Works' budget, such as the sewer fund, that should be removed from the General Fund, similar to Planning and Building. The City Manager responded portions of the Public Works' budget that come from other funds are incorporated in the General Fund; stated staf f keeps track of said funds . Mayor Johnson stated including the funds makes the General Fund look larger. Councilmember Matarrese stated the funds cannot be spent on other things. The City Manager stated the matter could be explored. Mayor Johnson requested that the suggestion be reviewed. Vice Mayor Tam raised questions about revenues from parking and speeding tickets. The City Manager continued the presentation. Special Meeting Alameda City Council 1 May 27, 200$ Councilmember deHaan inquired whether there is a breakdown of the transfers from other departments, to which the Finance Director responded the amount could be provided, Councilmember deHaan stated AP&T has the Utility Users Tax and franchise fees; inquired whether the total amount of what AP&T brings in is available. The Finance Director responded that she could provide said amount. The City Manager continued the presentation. Mayor Johnson requested information on whether Police Department overtime is due to the five unfilled positions. Vice Mayor Tam requested an explanation of the disparity between the cost to run the animal shelters at San Leandro and Alameda; questioned whether there is the same level of service and whether the one time donation will offset a significant portion of the cost. Council requested information on trends and projections of animal shelter donations. Regarding the animal shelter donation, Councilmember deHaan requested information on investing the $270,000. Councilmember Matarrese requested staff to review whether there is any capacity in the animal shelter for people outside the City to contract for the City's service. Councilmember Gilmore inquired exactly how much is being saved by reducing one Senior Dispatcher position; stated that before she agrees to cut the position, she would like information about where the City was and is now, and what trade-offs are involved. Councilmember Matarrese stated the presentation talked about guiding principles; in the past when the City was squeezed, the Council said that it wanted to flatten the organization as a policy; he would like the Council to consider said direction; instead of taking from the point of service delivery, upper management should be reviewed; people still would be supervised but management would be consolidated; the delivery of internal versus external services should be reviewed; the tip should go to protecting external delivery of service; the City can live with internal delivery of service slowing down; that he wants to ensure that the Council reviews giving said direction as a policy or principle; police and fire are delivering services on the street; Special Meeting Alameda City Council Z May 27, 20x8 he does not believe in across the board reductions if services delivered to the street are impacted. Mayor Johnson stated a city in Alameda County has a contract to provide fail services [to other cities]; inquired whether the City could look at doing the same. Vice Mayor Tam stated the Council should identify priority issues that should be restored if additional savings can be found in other parts of the budget, such as the Golf rebate on the ROI Return on Investments7, the animal shelter, the Met'er's House, furloughing during the holidays, or some of the other revenue enhancement proposals that will be discussed; a way should be found to restore direct services. Councilmember deHaan stated that he has concerns about overtime reduction; the past record has been flat; inquired how much the percentage will be brought down from 4.3o and the amount that will be saved. Councilmember Matarrese stated that he wants to be told if the Police Chief recommends funding police officer and dispatch positions; Council can figure out what has to go if positions should be funded; that he would like to hear from department heads if the City cannot do without positions; the experts responsible for the department need to inform Council what positions are really needed and the budget needs to be worked back from that. Mayor Johnson stated the cuts assume a Oo pay increase; said assumption might not be what occurs; the issue should be considered unless staff is confident that a oa pay increase is a correct assumption. The City Manager continued the presentation. Councilmember Matarrese requested a description of the two Fire Department workforce changes. Councilmember Gilmore stated overtime varies from day to day; that she wants to know how it is managed under the scenario and how mutual aid works under the scenario; that she is going to have to see how the proposal works. Councilmember deHaan stated more in depth information on call back overtime is needed; inquired whether other municipalities have adopted something similar [rotating fire station closures]. The City Manager responded other cities have done it on a short- Special Meeting Alameda City Council 3 May 27, 2008 term basis. Councilmember deHaan stated response time would be impacted; inquired whether there would be an active truck at each station. The City Manager stated the information would be provided by the Fire Chief; continued the presentation. Following Council discussion regarding retaining Park Directors, the City Manager stated the issue would be placed on the issue bin. Mayor Johnson stated the tennis court light issue needs to be addressed; a lit court is needed on the eastern part of Alameda. Vice Mayor Tam stated that she objects to eliminating the Senior Clerk position which provides direct service to the community; inquired whether costs of other programs could be reduced; raised questions about the Met'er's House. Councilmember Matarrese requested staff to explore relinquishing the Met'er's House back to the trust. Mayor Johnson stated the Council should adopt a resolution saying that City money will not be used to subsidize the Met'er's House ; further stated the Met'er's House should be moved out of Recreation's budget and the funds should remain in Recreation. Councilmember Gilmore clarified Mayor Johnson is suggesting the amount [$25,000] that the City is subsidizing the Met'er's House should remain in the Recreation and Parks Department's budget. Councilmember deHaan requested staff to provide the total amount spent on special events. Mayor Johnson stated elimination of the Golf surcharge and Return on Investment ~RCI~ needs to be discussed; stated not continuing the surcharge in some form is seriously impacting the budget. Councilmember deHaan questioned why staffing levels cannot get back to the level five years ago; stated all departments should look at why growth occurred. The City Manager stated the matter was captured on the issue bin; continued the presentation. Councilmember Matarrese questioned whether unfunding two Public Works maintenance workers really saves money; inquired whether maintenance would be impacted and whether the City would be adding Special Meeting Alameda City Council 4 May 27, 2008 to its deferred maintenance. Mayor Johnson stated funds that removed from the General Fund or discretionary. are not discretionary should be shown as discretionary and non- The City Manager continued the presentation. Mayor Johnson requested staff to provide information on how much the refinancing would save per year and how much it would cost the City; stated the net amount should be provided. Councilmember deHaan stated some bonds have been previously refinanced; he would like to know when the bonds were refinanced and the cost. Councilrnember Matarrese stated the issue strikes him as a guiding principle; that he does not mind refinancing debt for hard assets; that he objects to borrowing money for operations; he would like Council to consider said policy. Councilmember deHaan stated staffing increased proportionally through all departments in 1997 when the City took over the former Naval Air Station; he would like the numbers reviewed more in depth. Mayor Johnson stated a formal request should be made to the Navy to request payment for police and fire service at the Base; the City cannot afford to pay for the service. Following Vice Mayor Tam's questions regarding redevelopment funds, the City Manager stated information would be provided. Vice Mayor Tam requested the information be posted on the City's website. The City Manager continued the presentation. Councilmember deHaan raised questions about the Planning and Building Department moving into the Carnegie Building. Following discussion of uses of permit fees, the City Manager stated additional information would be provided. Mayor Johnson requested when changes for window permits are made, the matter should be placed on a Council agenda. Councilmember deHaan requested more detailed information on the Special Meeting Alameda City Council 5 May 27, 2008 amount of General Fund reserves available and loaned out. Mayor Johnson and Councilmember deHaan requested a formal policy restricting use of the General Fund reserve for one-time purposes. The City Manager continued the presentation. Mayor Johnson stated there is not a real reserve because there are outstanding obligations are not being paid for; the budget needs to acknowledge said obligations. Councilmember deHaan stated that he would like to know the current amount of deferred maintenance; what the City is facing should be included in the budget. The City Manager continued the presentation. Mayor Johnson questioned whether there is more that can be done now to balance the Golf budget; requested a report on the status of using the reserves for operating expenses; stated there should be a report to the Council; further stated direction should be given to the Golf Commission that the Council expects the Commission to come up with a short-term plan. Councilmember Gilmore suggested holding another joint meeting with the Golf Commission. Mayor Johnson stated two Councilmembers could work with the Golf Commission if scheduling a meeting is difficult. The City Manager suggested that the Golf Commission could be invited to attend the Council meeting when the Master Plan is presented; stated staff would provide suggestions and ideas about how to move forward. Councilmember Matarrese stated the Golf Commission reports to Council; the matter should be placed on an agenda and the Council should vote to give direction for the Golf Commission to establish a short-term plan by a certain time. Mayor Johnson requested that the Golf Commission be informed that the matter is being placed on a Council agenda; stated the matter needs to be brought to the Council very soon; stated giving direction should be placed on the second meeting in June. The City Manager stated the matter would be put on the issue bin; staff would determine the best way to follow up; continued the presentation. Special Meeting Alameda City Council May 27, 2008 Domenick Weaver, Local 68~ President, stated that he is in strong opposition of the Fire Department budget cuts; urged Council to hire full staff to control overtime. Robb Ratto, Park Street Business Association, challenged Council to make the cuts as minimal as possible; stated the Police and Fire Department are essential to the business community; Council should find a way to fund positions and have the Police and Fire Department at full strength in three years; urged the City to look into corporate sponsorships. Adjournment There being no further business, Mayor Johnson adjourned the Special Meeting at 10:05 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act . Special Meeting Alameda City Council 7 May 27, 2008 UNAPPROVED MINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY - - - JUNE 3, 2008 - - - 6:30 P.M. Mayor Johnson convened the Special Meeting at 6:55 p.m. ROLL CALL - Present: Councilmembers deHaan, Gilmore, Matarrese, Tam, and Mayor Johnson - 5. Absent: None. The Special Meeting was adjourned to Closed Session to consider: (08- } Conference with Labor Negotiators; Agency Negotiators: Craig Jory and Human Resources Director; Employee Organizations: All Public Safety Bargaining Units. Following the Closed Session, the Special Meeting was reconvened and Mayor Johnson announced that Council received a briefing from its Labor Negotiators regarding the status of negotiations; no action was taken. Adjournment There being no further business, Mayor Johnson adjourned the Special Meeting at 7:35 p.m. Respectfully submitted, Lara weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Special Meeting Alameda City Council ~Fune 3, 2008 UNAPPROVED MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- -JUNE 3, 2008- -7:30 P.M. Mayor Johnson convened the Regular Meeting at 9:30 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 None. CONSENT CALENDAR Councilmember Matarrese moved approval 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 May 6, 2008, and Regular City Council Meeting held on May 20, 2008. Approved. ~*08~- ~ Ratified bills in the amount of $2, 312, 913.93. ~*08- 7 Recommendation to set June 17, 2008, as Hearing date for Fiscal Year 2008-2009 Proposition 4 appropriation limit. Accepted. ~*08- 7 Recommendation to approve an Agreement with Holland and Knight in the amount of $96,000 for federal legislative advocacy services. Accepted. ~*08- } Report on proposed PERS Golden Handshake Retirement under California Government Code Section 20903. Moved to paragraph no. 08- j ~*08- 7 Recommendation to award a Contract in the amount of $3, 571, 810, including contingencies, to D' arty & Harty Construction, Inc., for Cyclic Sewer Replacement, Phase 5, No. P.W. 10-OG-22. Accepted. Regular Meeting Alameda City Council 1 June 3, 2008 ~*08- } 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 $2,965,000, including contingencies, to Gallagher & Burk, Inc., for the repair and resurfacing of certain streets, Phase 28, No. P.W. 04-08-12. Accepted. ~*08- } Recommendation to 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.W. 11-06-24. Accepted. ~*08- } 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. Accepted. ~*08- } Recommendation to accept the wark of Power Engineering Contractors, Inc., for the Grand Street Sewer Pump Station, No. P.W. 04-07-16. Accepted. ~*08- } Resolution No. 14214, "Approving a Third Amendment to the Agreement for Additional Funding from the State California Coastal Conservancy in an Amount up to $57,000 to Implement Spartina Eradication and Mitigation Measures, and Authorizing the City Manager to Execute All Associated Agreements and Documents." Adopted. ~*08- } Resolution No. 14215, "Requesting and Authorizing the County of Alameda to Levy a Tax on All Real and Personal Property in the City of Alameda as a Voter Approved Levy for the General Obligation Bonds Issued Pursuant to a General Election Held on November 7, 2000." Adopted. REGULAR AGENDA ITEMS X08- } Public Hearing to consider collection of delinquent business license fees via the property tax bills. The Finance Director provided an updated list and a brief presentation. Councilmember deHaan inquired whether the amount of uncollected business license fees is typical, to which the Finance Director responded in the affirmative. Councilmember deHaan inquired whether reimbursement comes from the County, to which the Finance Director responded in the affirmative. Regular Meeting Alameda City Council 2 June 3, 2Q06 Councilmember deHaan inquired whether the City needs to do anything else after the letter is sent, to which the Finance Director responded in the negative. Bill Smith, Alameda, discussed home businesses. Councilmember Gilmore moved approval of the staff recommendation. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. ~0$~ ~ Public Hearing to consider collection of delinquent administrative citation fees via the property tax bills. The Code Compliance Officer gave a brief presentation. Mayor Johnson inquired what is the normal process if an appeal is not filed. The Code Compliance Officer responded the process depends on the complexity of the case; stated sometimes a courtesy call is made or another citation is issued. Mayor Johnson inquired whether the Municipal Code addresses what to do if an appeal is not filed. The Code Compliance Officer responded in the negative; stated the Municipal Code simply states that an appeal can be filed within ten days. Councilmember deHaan inquired how often citations can be given and whether there is a maximum. The Code Compliance Officer responded most citations are issued every thirty days; stated citations can be issued every seven to ten days if there are safety issues. Councilmember deHaan inquired whether the Municipal Code allows staff to continue enforcement every seven days. The Code Compliance Officer responded in the affirmative; stated another option would be to hire a contractor for abatement. Councilmember deHaan stated that he has not received a copy of the ordinance he requested. The Building Official stated no minimum or maximum timeframe was Regular Meeting Alameda City Council 3 June 3, 2Q08 set when the ordinance was written; the Administrative Citation fee provides an enforcement tool. Mayor Johnson inquired whether staff has worked with the Lafayette Street property owner to remove the trailers since 2001, to which the Building Official responded in the affirmative. Mayor Johnson inquired whether the trailers have been occupied since 2001. The Code Compliance Officer responded staff was not aware that anyone was occupying the trailers until today. Councilmember deHaan inquired when the trailers appeared on the property, to which the Code Compliance Officer responded 2001. Councilmember deHaan stated that he does not recall seeing the trailers on the property. The Code Compliance Officer stated twenty--seven calls have been received for Police service since 2007. Mayor Johnson inquired what the response has been for code enforcement . The Code Compliance Officer respanded the son of the deceased owner has never responded; stated the daughter of the deceased owner is in charge of the estate; the estate's attorney has responded. Lance Russum, Attorney for the Estate of Juanita Ogle, stated the son is not a tenant of the estate but has occupied the property without permission; the son has been evicted but has come back; the son's appeal rights expired on May $; the administrator has control of the property because of the eviction and is trying to determine the best way to dismantle the containers; combustible materials are on the property; the Fire Department should inspect the property as soon as possible. Mayor Johnson inquired when the owner passed away. Mr. Russum responded June 2007; stated letters were issued in August 2007; he does not think the estate has a responsibility to pay for the citations. Mayor Johnson inquired whether the property has a mortgage, to which Mr. Russum responded in the negative. Mayor Johnson inquired whether the estate has assets, to which Mr. Regular Meeting Alameda City Council 4 ~7une 3, 2aas Russum responded the estate has no liquid assets naw. Mayor Johnson stated the house is an asset of the estate. Mayor Johnson suggested continuing the item and setting deadlines; stated the estate has a responsibility not to create blight in the neighborhood; the goal is to get rid of the blight. The Code Compliance Officer stated staff has agreed to cease issuing additional citations until August. Mayor Johnson suggested tabling the matter for three months until the trailers are gone, and then address the issue of accumulated fines. The Code Compliance Officer stated the lien is a judgment lien and would be payable at the time sale. Councilmember deHaan inquired whether verification can be made on whether anyone is living in the trailers. Mr. Russum responded the son enters the trailers in the evenings; stated the Police Department has intervened on a regular basis. Mayor Johnson stated taxpayer resources are protecting the property. Vice Mayor Tam inquired whether the estate is current with property tax payments, to which Mr. Russum responded the daughter advanced money for property tax payments. Vice Mayor Tam inquired whether it would be less expensive for the estate if the City did the abatement now versus collecting the fines. Mr. Russum responded breaking up the trailers for scrap would be easier. Councilmember deHaan stated that he has concerns with health and safety issues . The Code Compliance Officer stated blight has become a health and safety issue. Mayor Johnson inquired why the trailers cannot be removed tomorrow; stated a crane could load the trailers onto a large truck. Councilmember Gilmore stated the Building Official stated code Regular Meeting Alameda City Council 5 June 3, 20~$ enforcement would continue, but citatians would not be issued through the end of August; suggested that staff continue to work with the estate and levy fines on the property tax bill to help the City recover costs incurred. Mayor Johnson stated that the matter should be brought back at the first City Council meeting in September; Council expects blight and health and safety issues to be remedied by September. The Building Official stated that citations stop if property owners work with the City. Councilmember Matarrese requested that staff research the cost of bringing in a crane and semi-truck to remove the trailers; stated a decision could be made in August on whether to continue to fine or attach the abatement cost [to the lien]. Mayor Johnson stated Council should consider removing the trailers sooner than August because of health and safety issues. Mr. Russum stated the administrator's resources could be used to remove the trailers if costs are provided. Mayor Johnson stated the estate has the responsibility to deal with the blight and danger, not the City. Councilmember Gilmore moved approval of creating a lien on both properties and not issuing any more citations on the Lafayette Street property until the matter is brought back at the first City Council Meeting in September for review. Mayor Johnson stated Council would expect the daughter to take care of removing the trailers in the near future. Councilmember deHaan stated that he is not comfortable with assessing the entire $9,750 on the Lafayette Street property; intervals of the citations are peculiar. Mayor Johnson stated the case initiated in 2001; the property has had a lot of neighbor complaints; the Police and Fire Departments have been called numerous times; inquired whether citations were issued in compliance with the ordinance. The City Attorney responded in the affirmative; stated citations could have been issued more frequently. Councilmember Matarrese seconded the motion. Regular Meeting Alameda City Council 6 June 3, 208 Under discussion, Councilmember Matarrese stated that further citations would not be issued; direction should include removing the trailers as soon as possible and not waiting ninety days for a solution; the issue should come back if not abated; the issue should come back sooner than ninety days if the health hazard continues. The City Manager clarified that the approach would be to work with the Police Department to make sure that the son is no longer on the property; staff would request a bid for removal of the trailers; the property owner would abate the trailers; updates would be provided before the first City Council Meeting in September if other issues arise. Councilmember deHaan stated the property owner would need to determine what to do once the bid is received; the City should pay to remove the trailers and encumber the property if the property owner does not agree to remove the trailers; inquired why citations were stopped on the San Jose Avenue property. The Code Compliance Officer responded a Police Officer encouraged the property owner to start working on plans to convert the unit back into a basement; stated the property owner stopped working with staff once demolition costs were provided; citations stopped because the property was not occupied. Councilmember deHaan inquired whether citations could continue on the San Jose Avenue property, to which the Cade Compliance Officer responded in the affirmative. Vice Mayor Tam stated that the Lafayette Street and San Jose Avenue citations stopped at the same time. Mayor Johnson inquired whether the San Jose Avenue property owner intends to abate the unit, to which the Code Compliance Officer responded in the negative. Mayor Johnson inquired when was the last time staff worked with the property owner, to which the Code Compliance Officer responded prior to July 11, 2007. Councilmember deHaan requested that the motion be amended to include that both properties be fined $6,750. Councilmember Gilmore stated that one property [San Jose Avenue] is more egregious; that she would not accept the proposed amendment to the motion. Regular Meetinq Alameda City Council 7 June 3, 2008 Councilmember deHaan requested further information on the San Jose Avenue property and administrative citation process. On the call for the question, the motion carried by unanimous voice vote - 5. X08- ~ Public Hearing to consider Resolution No. 14216, "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 2008-D9." Adopted. The Development Services Director gave a brief presentation. Mayor Johnson opened the public portion of the Hearing. Proponents ~In favor of resolution}: Robb Ratto, Park Street Business Association ~PSBA7; Kathy Moehring. There being no further speakers, Mayor Johnson closed the public portion of the Hearing. Mayor Johnson inquired which funds pay for the maintenance, to which the Development Services Director responded Landscape and Lighting District funds. Mayor Johnson inquired how much is collected. Ms. Moehring responded approximately $32,000; stated maintenance costs are approximately $54,000. Mayor Johnson stated Webster Street property owners are not paying for the [entire] maintenance; stated the public invested several million dollars and the investment should be maintained. Ms. Moehring concurred with Mayor Johnson; stated there was not enough time to educate property owners. Mayor Johnson stated that an attempt was made three years ago to increase the assessment. Mr. Ratto stated an attempt was made to increase the Business Improvement Assessment ~BIA~ boundaries; the vote failed. Ms. Moehring stated the number one priority is to work with property owners to help them understand the importance of increasing the Landscape and Lighting District fees. Councilmember deHaan moved adoption of the resolution. Regular Meeting Alameda City Council 8 June 3, 20D8 Vice Mayor Tam seconded the motion, which carried by unanimous voice vote ~- 5. X08- } Recommendation to 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 Project. The Ferry Services Manager gave a brief presentation. Councilmember deHaan inquired whether the additional work would bring the Main Street Ferry Terminal Barge up to a satisfactory standard; further inquired whether staff anticipates any further corrections to the barge. The Ferry Services Manager responded no further work is required; stated the final work would include lifting up the west end of the 70-foot gangway approximately six inches. Vice Mayor Tam moved approval of the staff recommendation. Councilmember deHaan seconded the motion, which carried by unanimous voice vote - 5. X08- } Recommendation to establish a Fiscal Sustainability Committee. The Development Services Director gave a brief presentation. Councilmember Matarrese stated a ten-year plus horizon should be considered; the City of Vallejo is comparable to Alameda and provides a good, real life case study; large and small business expertise is valuable because said businesses have real experience in managing budgets; someone with some actuarial experience could fill the financial seat; the six-month period is aggressive, is meant to start after budget approval and anticipates that the State budget will not be approved in June; the committee would make recommendations regarding the pros and cons of deferring payment and long-term obligations to retirees. Councilmember deHaan stated the committee would provide a golden opportunity to have highly skilled individuals look at best business practices; the ten-year budget model can be a good tool; good direction would be provided to build on policy; the City Auditor and City Treasurer picked up the challenge; a financially experienced facilitator could be brought in to bring the committee up to speed. Regular Meeting Alameda City Council 9 June 3, 2Q08 Mayor Johnson inquired what would be the size of the committee, to which Councilmember Matarrese responded eight. Mayor Johnson inquired whether eight members would be enough. Councilmember Matarrese stated that he does not have any objections to broadening the committee as long as the focus is kept on the goal. Mayor Johnson stated the committee is a way to get the public involved in the City's financial issues; questioned whether every member should be required to be a resident; stated Alameda business owners, who are not residents, could be valuable; the committee should decide on whether a facilitator is needed. Councilmember deHaan stated the intention would be to have a facilitator gather data. Councilmember Matarrese stated the Chair would drive the meeting, not the facilitator. Mayor Johnson stated that she is thinking of a secretary. Councilmember Matarrese stated that he is fine with having an Alameda business owner serve on the committee; the number of members should be set now. Councilmember Gilmore recommended that the committee not exceed ten. Councilmember deHaan recommended that the committee not exceed eleven. Councilmember Matarrese stated that the committee would not be a consensus committee. Mayor Johnson and Councilmember Matarrese recommended that the committee consist of eleven members. Vice Mayor Tam inquired whether the labor member would not be someone associated with the City. Councilmember Matarrese stated that his intention is to include a labor union representative who does not represent City employees because of contract issues and a vested interest. Vice Mayor Tam stated having a public safety union representative Regular Meeting Alameda City Council 1 0 June 3, 2008 participate would be good because public safety unions make up 60o of the General Fund budget; the Climate Protection Task Force meetings were open to the public. Councilmember Matarrese stated the committee meetings would be public and noticed. Mayor Johnson stated educating the public is one of the purposes of the committee; concerted efforts should be made to let the public know about the committee. Councilmember Gilmore thanked the sub-committee and staff; suggested having someone from the real estate community serve on the committee or be used as a consultant. Councilmember Matarrese concurred with Councilmember Gilmore. Councilmember deHaan stated that heavy financial expertise is needed; tax experts could provide briefings. Councilmember Gilmore stated that the real estate representative would not have to be on the committee, but could be a consultant. Councilmember Matarrese stated a real estate representative could be used from a financial standpoint. Mayor Johnson stated looking longer than ten years is important. Councilmember Matarrese stated the committee would look at a long horizon, which would not be less than ten years. Mayor Johnson suggested membership be placed on the next Council agenda. The Development Services Director stated that she is not sure whether the matter could be brought to Council that fast. Mayor Johnson stated recommendations could be brought to Council at the first meeting in July and voted on at the same meeting. Councilmember deHaan stated that Council would hand select the members. Bill Smith, Alameda, discussed involvement in the community. Kevin Kennedy, City Treasurer, stated the proposed committee is a good idea; times are tough right now; distinguishing between formal and informal members is important; encouraged Council to keep the Regular Meeting Alameda City Council 1 1 June 3, 2008 committee small and nimble so that things can be accomplished. Mayor Johnson stated the committee would need to be high profile and should be used to educate the public about budgeting and economic realities. Kevin Kearney, City Auditor, stated some ideas are already in place; reinventing the wheel is not necessary; information needs to be updated; the main goal is to educate the public. Councilmember deHaan stated past, good faith decisions are starting to bite the City today; future needs should be reviewed; having everyone [committee members] show up for every meeting would be difficult . Mayor Johnson stated the committee would not have quorum requirements. Councilmember Matarrese stated the members should understand that there are expectations to meet twice a month, more or less, and deliver a product within the six-month timeframe. Councilmember Gilmore thanked the City Treasurer and City Auditor for taking charge and being excited; stated that she agrees educating the public is an important function; citizens do not understand fund source restrictions. The City Treasurer stated committee members should be tasked with addressing revenues and expenditures; members would gather information independently; members should have no vested interest in issues being discussed; issues need to be reviewed impartially. Councilmember Gilmore moved approval of moving forward with the Fiscal Sustainability Committee along the lines set out in the staff report; limiting the membership to eleven; and removing the requirement that members be Alameda residents. Mayor Johnson inquired whether a non-resident 25o cap should be included in the motion. Councilmember Gilmore stated that she would rather leave the cap up to the committee; the committee should have the flexibility to get the job done. Vice Mayor Tam seconded the motion. Under discussion, Vice Mayor Tam stated nominated experts would be performing a community service, which would be greatly appreciated. Regular Meeting Alameda City Council 1 2 June 3, 206 X08- } Report on proposed PERS Golden Handshake Retirement under California Government Code Section 209D3. withdrawn. ORAL COMMUNICATIONS, NON-AGENDA Public Comment} X08- } Michael John Torrey, Alameda, stated that the Federal Emergency Management Agency ~FEMA} would perform a disaster preparedness demonstration in the City of Oakland on June 25, 2005, between 10:00 a.m. and 3:00 p.m. COUNCIL REFERRALS None. COUNCIL COMMUNICATIONS None. ADJOURNMENT There being no further business, Mayor Johnson adjourned the Regular City Council Meeting at 11:40 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Council 1 3 June 3, 20Q8 June 12, 2048 Honorable Mayor and Councilmembers: is is to certif that the claims listed on the check register and shown below have been Th y ~ re resent fair and ust charges against the approved by the proper officials and, in my opinion, p ~ Ci in accordance with their respective amounts as indicated thereon, ~' Amount Check Numbers - $1,584,232.24 210548 - 210947 $98,532.87 V17146 - V17290 $33,1 D1.76 EFT 540 $11, 244.50 EFT 541 $23,815.40 EFT 542 $9,739.03 EFT 543 $87,651,24 EFT 544 $23,588.82 EFT 545 Void Checks: ~$3,575.D0} 2oe262 ~$1,DOO.va} 209475 $1,867,33D.46 G RAN D TOTAL Respectfully submitted, C ~l~~~ Pamela J. Sible BILLS #4-B Council Warrants 06/17/08 6/17/2008 CITY ~F ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Lara weisiger City Clerk Date: June 1l, 2008 Re: Award Contract for Le al Advertisin for Fiscal Year 2008-09 BACKGRGUND At the Regular City Council meeting held on May 20, 2008, the City Council authorized the City Clerk to advertise for bids for legal advertising. City Charter Section 3-18 requires the Council to: "award a contract to the responsible bidder who submits the lowest and best bid for publication of ali legal advertising of the City in a newspaper adjudicated to be a newspaper of general circulation within the City of Alameda. The newspaper published by the successful bidder is known as the Official Newspaper of the City." DISCUSSIGN Cne bid was received on June 3, 2008. The bid result was as follows: News a er Alameda Journal Rate Per Column Inch 15t insertion 2n & subsequent insertions $4.06 BUDGET CGNSIDERATfONIFINANCIAL IMPACT $3.92 Budget appropriations for legal advertising are approved by the City Council during the budget process. The City spends approximately $14,000 annually for legal notices. RECOMMENDATION Award Legal Advertising Contract, which is on file in the City Clerk's Office, for Fiscal Year 2008-09 to the Alameda Journal. Respectfully submitted, 6 Lara weisiger City Clerk c;ty coun~;1 Agenda Item #4-C 06-'17.08 CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Debra Kurita City Manager Date: June 17, 2008 Re: Award a Contract in the Amount of $163,112, Including Contingencies, to Suarez & Munoz Construction, Inc., for Rittler Park Irrigation and Field Renovation Im rovements No. P.vV.11-07-34 BACKGROUND 4n May 6, 2008, the City Council adopted plans and specifications, and authorized a call for bids for the Rittler Park irrigation and field renovation improvements, No. P.vU. 11-07-34. The project wilt remove the existing turf, add topsoil to regrade the site to provide proper drainage, install new seed, and install a new irrigation system, including a climatologically-based smart water application technology irrigation controller. The bid also includes two add alternates which consist of using existing golf course stockpiled topsoil and using portions of the existing irrigation system. DISCUSSION To solicit the maximum number of bids and most competitive price, specifications were provided to 17 separate building exchanges throughout the Bay Area. A notice of bid was published in the Alameda Journal. Seven contractors submitted bids, and the bids were opened on May 29, 2008. The bid included two add alternates: add alternate one provided an option to use stockpiled fill at the golf course; and add alternate two retained functioning portions of the existing irrigation system and only installed a new line where the existing system was not repairable. The list of qualified bidders, from lowest to highest total project costs, is: Bidder Location Base Bid Add Alt ~ Add Alt 2 Amount Suarez & Munoz Hayward, CA $182,725 - $ 6,180 - $27,380 Construction, Inc. RMT Landscape Oakland, CA $211,856 - $ 4,635 - $28,296 Blossom Valle Const. San Jose, CA $232,500 - $11,500 - $19,000 Clea Brothers Danville, CA $231,193 - $ 5,247 - $ 4,753 Scapes Half Moon Bay, CA $249,096 - $ 4,635 - $19,881 Pacheco Brothers Ha ard, CA $249,690 - $11,000 ~ $38,670 Lone Star Landscapin San Martin, CA $250,445 - $ 6,189 - $28,180 City Council Agenda Item #4~D D6-1 l-~S Honorable Mayor and June 17, 2008 Members of the City Council Page 2 of 2 The lowest base bid received exceeds the available construction budget of $110,000. Based on discussions with the Recreation & Park Department ARPD}, the preferred alternative is to move forward with the project at this time, and install an entire new irrigation system. To stay within the available project budget, staff proposes to award the contract to Suarez & Munoz Construction, Inc., for a total amount of $163,112. This includes the base bid plus the two add alternates and a 6°/° contingency. After the contract is awarded, staff will negotiate change orders with the contractor to remove all of the existing irrigation system and install a brand new system. To provide sufficient funds for this work, the sod and the associated sod warranty will be deleted from the project, and grass seed and the associated seed warranty will be substituted for the sod. ARPD supports this approach. Sod can be established in 30 days, whereas seed requires 90 days for establishment. ARPD will provide the fencing needed to protect the field during the establishment period. A copy of the contract is on file in the City Clerk's office. BUDGET CONSIDERATIONIFiNANCIALlMPACT The project is budgeted in the Capital Improvement Program Project No. 04-36}, with monies allocated from the Construction Improvement Tax. MUNICIPAL CODEIPOLICY DGCUMENT CROSS REFERENCE The proposed project is consistent with the Local Action Plan for the Climate Protection Zero Waste Strategy by using a smart water application technology irrigation controller. ENVIRONMENTAL REVIEW The project is exempt from environmental review as it is an ongoing maintenance activity. RECOMMENDATION Award a contract in the amount of $163,112, including contingencies, to Suarez & Munoz Construction, Inc., for Rittler Park irrigation and field renovation improvements, No. P.W. 11-07-34. Respe submitted ~-GZ Matthew T. Naclerio By: Ed Sommerauer Public Works Director Associate Civil En~in~r MTN:ES:gc CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Debra Kurita City Manager Date: June ~ 7, 2008 Re: Adopt Plans and Specifications and Authorize a Call for Bids for Repair of Portland Cement Concrete Sidewalk, Curb, Gutter, Driveway, and Minar Street Patchin Fisca! Year 2008/2009 Phase 9 No. P.W. 05-08-~ 3 BACKGROUND The City of Alameda has approximately 260 miles of sidewalk and about 20,000 street trees within the public right-of-way. As the trees grow and mature, site conditions, such as narrow planting strips, high ground water, soil conditions, and improper irrigation, result in tree roots raising the sidewalk, curb, gutter, and pavement area. Over the years, the City has repaired the damaged infrastructure by removing the concrete sidewalk, trimming or shaving the tree roots causing the uplift, and replacing the concrete sidewalk. However, as the trees grow, the roots may continue to raise the sidewalk. The Public Works Department is in the process of updating the City's Master Tree Plan, which includes a selection of tree species that are appropriate for the City's specific site constraints, including narrow planter strips. The City Council's approval of the plan is anticipated this fall. The City contracts far the permanent repair of sidewalks, curbs, gutters, and driveway approaches on an annual basis. Locations for repair are identified by citizen call-ins, and by an annual inspection program. High pedestrian use areas are inspected annually, and the remainder of the City is divided into five zones, with a zone being examined every five years. Temporary repairs, asphalt fillets, and grinding are typically completed within 30 days by the public works maintenance crews. DISCUSSION The proposed project will replace approximately 5,400 linear feet of sidewalk. Staff will work closely with a certified arborist to exam and evaluate the trees that have caused the sidewalk uplift to determine the best course of action for the long-term viability of the trees, and to minimize future sidewalk uplift, The project also includes the construction of bus stop pads on Shoreline Drive, Grand Street, and Willow Street for the future rerouting of AC Transit Line 63 from Otis Drive. Clty Council Agenda Item #4-E 06-17.08 Honorable Mayor and June 1l, 2008 Members of the City Council Page 2 of 2 The project specifications allow for the annual extensions of the contract on a year-to- year basis, for up to four additional years, based on mutual agreement and satisfactory performance of all aspects of this contract. If extended, the contract would be for the same terms, and contract prices would be adjusted in accordance with the construction cost index reported in the Fnglr~eering News Recora~forthe San Francisco Bay Area. A copy of the plans and specifications are on file in the City Clerk's Office. BUDGET CONSIDERATIONIFINANCIAL IMPACT The project is budgeted in the Capital Improvement Program Project Na. 06-72 and 86- 48}, with monies alioca#ed from the General Fund and the California Joint Powers Risk Management Authority excess liability pool. To fully fund the project, $200,000 in fisca[ year 2008-2009 Measure B funding will be required. This budget allocation is included in the Capital Improvement Program budget presented to the Council on June 5, 2008. Staff proposes to advertise the project at this time to obtain the most competitive prices and expedite the project. Advertising a project does not obligate the City to award the contract, and should the Measure B funds not be approved by the City Council, staff would return with a recommendation to not award the contract or to reduce the scope of the project. MUNICIPAL CODEIPOLICY DOCUMENT CROSS REFERENCE This action does not affect the Municipal Code. ENVIRONMENTAL REVI Ew In accordance with the California Environmental Quality Act ~CEQA}, this project is Categorically Exempt under the CEQA Guidelines Section ~ 5301 ~c}, Existing Facilities. RECOMMENDATION Adopt plans and specifications and authorize a call for bids for repair of portland cement concrete sidewalk, curb, gutter, driveway, and minor street patching, fiscal year 200812009, phase 9, No. P.VII.05-08-13. Respe su ed, Matthew T. Naclerio Public Works Director ~~~ By: Shilpa Patel ~ ~, Junior Engineer MTN;SP:gc cc: UVatchdag Committee CITY GF ALAI~EDA Memorandum To: Honorable Mayor and Members of the City Council From: Debra Kurita City Manager Date: June 1l, 2008 Re: Adopt a Multiple Year Resolution Authorizing the Public Works Director to Submit Grant Applications to the California Integrated Waste Management Board for All Available Grants Under the California CiI Recycling Enhancement Act for the Period of Jul 1 2008 throu h June 30 2012 BACKGROUND The California Cil Recycling Enhancement Act mandates that the California Integrated Waste Management Board ~C1WMB~ provide annual block grants to loco! governmentsto establish local collection programsthatencouragerecycling ofused oil and used oil filters. Since the block grants are not competitive, local governments need to submit a completed application and City Council resolution and meet eligibility requirements to receive funds. To improve efficiencies and reduce paper use, the CIWMB a[Iows grantees to submit a resolution authorizing the submission of applications for multiple years. In the past, the City has taken advantage of the multi-year feature, and staff proposes to continue this practice. The City of Alameda meets the eligibility requirements for the 14th Cycle Used Cil Recycling Block Grant for the fiscal year 200812009. The application is due June 30, 2008, and must be accompanied by an authorized resolution. The State has not yet released the exact dollar amount available to the City, but approximately $19,000 is anticipated to be disbursed under this grant cycle. DISCUSSIGN In California, a surcharge is placed on all motor oil purchases and is used to fund block grant programs to ensure waste motor oil and used motor oil filters are properly managed. The mayor goals of the block grants are: • Provide the public with convenient collection locations for used motor oil and filters. • Increase the demand for recycled oil products. • Develop methods to educate and motivate the public to recycle their used oil. The used oil block grant funds will enable the Public Works Department to continue to fund broad-based used motor oil and filter management programs, including a public education, outreach, and advertising program that provides residents with information regarding used City Council Report Re: Agenda Item #4-F ~6-'t 1-48 Honorable Mayor and June 11, 2008 Members of the City Council Page 2 of 2 motor oil and filter collection locations, curbside collection, and the need to properly manage waste oil and filters to keep petroleum contaminants out of soil and surface waters. Staff also works with an independent contractorto educate and provide outreach material to marina operators and boat owners on proper wasteoil and filtermanagement practices. In addition, Public Works staff performs bi-annual visits to the local CIWMB Certified Used Gil Collection Facilities to ensure that the facilities are following the program guidelines and determine if they require additional assistance with providing used motor oil and filter collection services. Staff proposes that 20% of the funds be allocated to the Alameda County Waste Management Authority to implement a regional campaign, if other Alameda County jurisdictions agree to similar funding, These funds would continue a regional outreach to further the goals of recycling used motor oil and used motor oil filters. In the past, the City has dedicated funds to support this purpose. BUDGET CGNSiDERATIGNIFINANCIALlMPACT The General Fund is not impacted by this project. Gil Recycling Block Grant funds do not require matching funds. MUNICIPAL CGDEIPGLICY DGCUMENT CRGSS REFERENCE The proposed Resolution is consistent with the Local Action Plan for Climate Protection Zero Waste Strategy. RECGMMENDATIGN Adopt a multiple year resolution authorizing the Public Works Director to submit grant applications to the CIWMB for all available grants under the California Gil Recycling Enhancement Act for the period of July 1, 2008, through June 30, 2012. Respectfully submitted, G~~~~ Matthew T. Naclerio Public Works Director By: Maria F. DiMegli~~ Environmental Servfce~Manager MTN;MFD:gc CITY OF ALAMEDA RESOLUTION N0. O i1. V1 O tt. ADOPTING A MULTIPLE YEAR RESOLUTION AUTHORIZING THE PUBLIC WORKS DIRECTOR TO SUBMIT GRANT APPLICATIONS TO THE CALIFORNIA fNTEGRATED WASTE MANAGEMENT BOARD FOR ALL AVAILABLE GRANTS UNDER THE CALIFORNIA OIL RECYCLING ENHANCEMENT ACT FOR THE PERIOD OF JULY ~, 2008, THROUGH JUNE 30, 2012 WHEREAS, the people of the State of California have enacted the California Oil Recycling Enhancement Act that provides funds to cities and counties for ~ establishing and maintaining local used oil collection programs that encourage recycling or appropriate disposal of used oil; and WHEREAS, the California integrated Waste Management Board CIWMB} has been delegated the responsibility for the administration of the program within the state, setting up necessary procedures governing application by cities and counties underthe program; and WHEREAS, the City of Alameda City} will enter into an agreement with the State of California for the development of the projects as specified in the grant application; and WHEREAS, procedures established by the CIWMB require the grant applica#ion to certify by resolution the approval of said application; and WHEREAS, the City will submit available grants under the California Oil July ~ , 2005, through June 30, 201 Z; and grant applications to the CIWMB far ail Recycling Enhancement Act the period of WHEREAS, the block grant program will nat allow reimbursement to the City for central services and department overhead; and WHEREAS, all jurisdictions in Alameda County are member agencies of the Alameda County Waste Management Authority ~ACWMA}, and will participate in a regional media campaign; and WHEREAS, ACWMA is empowered to make and enter into contracts with its member agencies, in order to receive or provide services; and WHEREAS, the City, would benefit from a regional effort fed by the ACWMA to educate the public about used motor ail and used motor oil filters recycling; and WHEREAS, the City and other Alameda County jurisdictions have agreed, but not committed, to provide a percentage of Used Motor Oil Recycling Block Grant funding to the ACWMA to provide regional used motor oil and used motor oil filters recycling services; and Resolution #4-FCC 06.11-48 WHEREAS, if the ACWMA and other Alameda County jurisdictions agree to implement regional used motor oil and used motor oil filters recycling projects, the City agrees to designate and transfer an amount not to exceed 20°/0 of its annual Used Oil Recycling Block Orant funds to the ACWMA for the used motor oif and used motor oil filters recycling regional projects, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Alameda hereby: 1. Authorizes the submittal of grant applications to the CIWMB for all available grants under the California Oil Recycling Enhancement Act for the period of July 1, 2008, through June 30, 2012. 2. Authorizes the Public Works Director, or hislher designee, to execute, in the name of the City of Alameda, all necessary applications, contracts, payment requests, reports, agreements, amendments, and documents hereto for the purposes of securing grant funds and to implement and carry out the purposes specified in the grant application. 3. Agrees that 20% of the funds be allocated to the ACWMA to implement a regional outreach car~paign to further the goals of used motor oil and used motor oil filter recycling projects if other Alameda County jurisdictions agree to similarfunding. **~~** I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adapted and passed by the Council of the City of Alameda in regular meeting assembled on the llth day of June, 2005, 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 th day of June, 2005. Lora Weisiger, Gity Clerk City of Alameda CITY~FALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Debra Kurita City Manager Date: June ~ 1, 2608 Re: Adopt a Resaiution Authorizing the City Manager to Submit a Request and Execute afl Required Agreements and Documents to the Alameda County Congestion Management Agency for the Transportation for Clean Air Grant Applications, in an Amount Not to Exceed $3~ 5,006, for the Signal Coordination and Transit Signal Priority Along Constitution Way Between Mariner Square Drive and Atlantic Avenue BACKGROUND The Bay Area Air Quality Management District ~BAAQMD}, in conjunction with the Alameda County Congestion Management Agency ACCMA},has allocated Transportation Fund for Clean Air ~TFCA} regional funds for fiscal year 200812009. TFCA regional funds are awarded on a competitive basis to support projects that result in a reduction of motor vehicle trips and emissions. BAAQMD will be awarding approximately $~ 2 million during this fiscal year. DISCUSSION The City's General Plan recommends developingtransit-oriented streetsthatincludetraffic signal prioritization. Constitution Way, which currently serves the AC Transit Line 63, is one of several majornorth-south arterials connecting Alamedato Oakland. This corridoris not currently coordinated and experiences congestion during the morning and afternoon peak periods, impacting service times for transit. The Public Works Department proposes to submit an application to implement signal coordination and transit signal priority along Constitution Way between Mariner Square Drive and Atlantic Avenue. The proposed project will install transit priority systems, preemption systems, cabinetand controllerupgrades, pedestrian push buttons, and three closed circuit television cameras along Constitution Way and integrate the street into ACCMA SMART Corridors program. The SMART Corridor program is an advanced transportation managementsystem that uses electronictechnologiesto provide real time information to street users, resulting in improved transportation system efficiencies for motorists, transit and emergency vehicles. This project will also complement the Webster Street SMART Corridor project currently being considered by the ACCMA. City Counci! Report Re: Agenda Item #4-G os-~ 7-os Honorable Mayor and June ~ 7, 2008 Members of the City Council Page 2 of 2 Traffic signal coordination and optimization reduces greenhouse gas emissions by improving traffic flow, minimizing traffic congestion, and decreasing fuel consumption. The transit signal prioritization feature will make transit more attractive to commuters by minimizing delays experienced by buses at signalized intersections, thereby improving travel time for transit. BUDGET CONSIDERATIONIFINANCIALIMPACT The total project cost is estimated to be $350,000. The project will be funded by the TFCA grant of $315,000; the City's 10% local match of $35,000 is available from Measure B funds. MUNICIPAL CGDEIPGLICY DOCUMENT CROSS REFERENCE This action is consistentwith the Transportation and Land Use Initiative ofthe Local Action Plan for Climate Protection and supports the General Plan Policy4.3.d. RECOMMENDATION Adopt a resolution authorizing the City Manager to submit a request and execute all required agreements and documents to the ACCMA for the TFCA grant applications, in an amount not to exceed $315,000, for the signal coordination and transit signal priority along Constitution I!1lay between Mariner Square Drive and Atlantic Avenue. Respectf ubmitted, Matthew T. Naclerio Public Works Director V ~~ By: Virendra Patel ~, ~ Transportation Engineer MTN:VP:gc cc: Watchdog Committee CITY OF ALAMEDA RESOLUTION N0. `o ea 0 a a AUTHORIZING THE CITY MANAGER TO SUBMIT A REQUEST AND EXECUTE ALL REQUIRED AGREEMENTS AND DOCUMENTS TO THE ALAMEDA COUNTY CONGESTION MANAGEMENT AGENCY FOR THE TRANSPORTATION FOR CLEAN AIR GRANT APPLICATIONS, IN THE AMOUNT OF $315,000, FOR THE SIGNAL COORDINATION AND TRANSIT SIGNAL PRIORITY ALONG CONSTITUTION WAY BETWEEN MARINER SQUARE DRIVE AND ATLANTIC AVENUE ~. a WHEREAS, the Bay Area Air Quality Management District ~BAAQMD} in conjunction with the Alameda County Congestion Management Agency ACCMA} has allocated Transportation for Clean Air TFCA} funds for fiscal year 200812009; and WHEREAS, the City of Alameda wishes to apply to ACCMA for the TFCA Grant application for signal coordinatian and signal interconnect project along Constitution Way between Atlantic Avenue and Mariner Square Drive to reduce congestion during the morning and afternoon peak period; and WHEREAS, the City will request $315,000 for implementation of signal coordination and transit signal priority on Constitution Way Corridor between Mariner Square Drive and AtlanticAvenue in TFCA funds. NOV11, THEREFORE, BE IT RESOLVED that the City Council of the City of Alameda authorize the filing of an application with the ACCMA for allocation of TFCA funds for the project described above, and authorize the City Manager to execute all required agreements and documents. ****~ 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adapted and passed by the Council of the City of Alameda in regular meeting assembled on the 1lth 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 th day of June, 2008. Lara V1Jeisiger, City Clerk City of Alameda Resolution #4~G CC X6.11 DV CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Teresa Highsmith City Attorney Date: June 1l, 2008 Re: Amend Conflict of Interest Code by Amending Paragraph Two of Resolution No. 9460 Relative to Disclosure Positions and Disclosure Categories and Rescinding Resolution No. 14094 and Requesting that the City Council Designate the City Attorney as the City's Reviewing Body of the Conflict of Interest Codes of Other Local Agencies Within the Citv's Jurisdiction. BACKGROUND The City of Alameda is required to adopt a Conflict of Interest Code and to make amendments when new positions are added or duties changed. The last amendments to the Conflict of Interest Code were adopted June 5, 2007, Resolution No. 14094. In addition, every local government agency which has a Conflict of Interest Code within its authority has been directed to review its Conflict of Interest Code and to either amend the code, if necessary, or report to their respective code reviewing body City Council} that no amendment is necessary. DISCUSSION The Political Reform Act requires that every city adopt a Conflict of Interest Code and amend it whenever new positions are designated or duties changed. Employees are to be included when they may be involved in the making of decisions that may have a material financial effect on any financial interest. Boards, commissions and committees are to be included when they have decision making authority. Each employee position has been reviewed to determine which employees are involved in the making of decisions potentially having a material effect on any financial interest. Each employee who either has been added to the Conflict of Interest Code ar has a change in the reporting requirements was given a copy of the proposed Conflict of Interest Code. Each employee was requested to advise of any recommendations or objections. There have been no objections made by any employees to the changes. City Council Report Re: Agenda item #4-H os-~ 7-os Honorable Mayor and July 17, X008 Members of the City Council Page 2 of 3 The Fair Political Practices Commissions ~FPPC} implements and interprets the Conflict of Interest provisions of the Political Reform Act. FPPC regulation C.C.R. Section 18701 provides guidance in determining whether a board or commission is solely advisory or has decision making authority. It states: ~1} "Member" shall include, but not be limited to, salaried ar unsalaried members of committees, boards or commissions with decision making authority. ~A} A committee, board or commission possesses decision making authority whenever: ~i} It may make a final governmental decision; iii} It may compel a governmental decision; or it may prevent a governmental decision either by reason of an exclusive power to initiate the decision or by reason of a veto which may not be overridden; or viii} It makes substantive recommendations which are, and over an extended period of time have been, regularly approved without a significant amendment or modification by another public official or governmental agency. Each committee, board, and commission has been reviewed. This review included the existing committees, boards, and commissions and those created since adoption of Resolution No. 12073, adopted February 20, 199'1. The staff liaison to each of the committees, boards and commissions reviewed the recommendations of that entity to the City Council. The record of each entity was reviewed to determine whether the City Council regularly approved their substantive recommendations without significant amendment or modification. It concludes that all of the current disclosure categories for all existing committees, boards and commissions were correct. Addressing Section 87306.5 of the Political Reform Act, requiring the City Council to act as a reviewing body, i am requesting that the City Council, by motion delegate the responsibility of being the reviewing body to the City Attorney. A copy of each local agency's Conflict of Interest Code and bi-annual reports will be kept on file in the City Clerk's office. BUDGET C4NSIDERATIONIFINANCIAL IMPACT There will be no impact on the General Fund. Honorable Mayor and July ~ 1, zoos Members of the City Council Page 3 of 3 MUNICIPAL CODEIPOLICY DOCUMENT CROSS REFERENCE This action does not affect the Municipal Code. RECOMMENDATION Adopt a resolution amending the City's Conflict of Interest Code and request that the City Council, by motion, delegate to the City Attorney the responsibility of bein the 9 reviewing body for local government agencies' Conflict of Interest Codes. Respectfully submitted, ~C~~2',~~~c.- Teresa L. Highsmi City Attorney THlcm CITY OF ALAMEDA RESOLUTION N0. AMENDING RESOLUTION N0.9460 TO REFLECT CURRENT POSITIONS AND ENTITIES TO BE INCLUDED IN THE CITY OF ALAMEDA'S CONFLICT OF INTEREST CODE AND RESCINDING RESOLUTION NO.14094 BE IT RESOLVED by the Council of the City of Alameda that City of Alameda Resolution No. 14094 is hereby rescinded; and BE IT FURTHER RESOLVED by the Council of the City of Alameda that Para ra h ~ of . gp the Conflict of Interest Code set forth an Resolution No, 9460 be amended thereof to read: 2. The terms of 2 Cal, Adm, Code Section 18130 and an amendments to it dul , y Y adopted by the Fair Political Practices CommISSlon along with the attachedA endives in which .. pp officials and employees are designated and disclosure categories are set forth are hereb , ~ Y incorporated by reference and constitute the Conflict of Interest Code for the followin de artm g p ents and agencies: ~° 0 L Q Alameda Power & Telecom Building Services Division City Attorney's Office City Clerk's Department ~, City Council Cit Mana er's D o y g epartment ~ a Civil Service Board Claims Board Commission on Disability issues Development Services Department Economic Development Commission Film Commission Finance Department Fire Department Golf Commission Golf Complex Historical Advisory Board Housing and Building Code Hearing and Appeals Board Housing Authority Housing Commission Human Resources Department Information Technology Library Board Library Department Pension Board Planning Board Planning Department Police Department Public Art Commission Public Utilities Board Public Works Department Recreation and Park Commission Recreation and Park Department Resolution #4-H CC U6-11-U8 Social Service Human Relations Baard Transportation Commission Youth Advisory Commission *****~ DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES DESIGNATED POSITIONS Alameda Power & Telecom DISCLOSURE CATEGORY Genera! Manager Athrough F Operations Manager Athrough F Administrative Services Manager Athrough F Marketing Manager Athrough F Utility Planning Supervisor A #hrough F Engineering Supervisor Athrough F Financial Analyst Athrough F Financial Services Supervisor Athrough F Senior Electrical Engineer Athrough F Support Services Supervisor Athrough F Technical Operations Superintendent Athrough F Telecom Operations Supervisor Athrough F Line Superintendent Athrough F Assistant Line Superintendent Athrough F Marketing Specialist Athrough F Customer Service Supervisor Athrough F Cit Attorne 's Office City Attorney* Assistant City Attorney Athrough F Deputy City Attorney Athrough F Risk Manager Athrough F Administrative Management Analyst Athrough F Cit Clerk's De artment City Clerk Athrough F Deputy City Clerk Athrough F Cit Council City Council Members* Cit Mana er's De artment City Manager* Assistant City Manager Athrough F Deputy City Manager Athrough F Civil Service Board Board Members Athrough F *Reporting requirements covered by other law. Appendix A -Page 1 Claims Board Board Members Athrough F Commission on Disabilit Issues Board Members Athrough F Develo ment Services De artment Development Services Director Athrough F Community Development Program Manager Athrough F Redevelopment Manager Athrough F Development Coordinator Athrough F Development Manager Athrough F Development Manager, Housing Athrough F Program Specialist II Athrough F Administrative Services Coordinator Athrough F Economic Develo meat Commission Commission Members Athrough F Film Commission Commission Members Athrough F Finance De artment Auditor Athrough F Treasurer* Chief Financial Officer Athrough F Supervising Accountants Athrough F Purchasing and Payables Coordinator Athrough F Financial Analyst Athrough F Information Technology Manager Athrough F Fire Department Fire Chief Athrough F Deputy Chief Athrough F Division Chiefs Athrough F Assistant Fire Marshal-Captain Athrough F Training Director Athrough F Assistant Training Director Athrough F E.M.S. Director Athrough F E.M.S. Education Coordinator Athrough F Disaster Preparedness Coordinator Athrough F Firefighter Inspector Athrough F Fire Marshal ~-Division Chief Athrough F Fire Code Compliance Officer Athrough F *Reporting requirements covered by other law. Appendix A -Page 2 Golf Commission Commission Members None Historical. Advisory_Board Board Members Athrough F Housing Aufhori~y Board Members Athrough F Executive Director Athrough F Finance Manager Athrough F Housing Assistance Manager Athrough F Housing Authority Manager A throw h F g Maintenance and Facilities Manager A throw h F g Public 1Norks Supervisor A throw h F g Housin and Buildin Code Hearin and A eats Board Board Members Athrough F Housin Commission Commission Members Athrough F Human Resources De artment Human Resources Director Athrough F Senior Management Analyst A throw h F 9 Librar Board Board Members A throw h F g Libra De artment Library Director A throw h F g Supervising Librarian A throw h F 9 Library Technician Order Clerk} A throw h F g Pension Board Board Members A throw h F g Plannin Board Board Members A throw h F g Reporting requirements covered by other law, Appendix A - Pa e 3 9 Plannin and Buildin De artment Planning and Building Director Athrough F Planning Services Manager Athrough F Building Official A throw h F g . Building Services Manager Athrough F Supervising Building inspector A throw h F g Code Compliance officer A throw h F 9 .. Supervising Planner A throw h F g Permit Techn~c~an I Athrough F Permit Technician II Athrough F Permit Technician III Athrough F Plan Check Engineer Athrough F Plannerlll Athrough F Planner II A throw h F g Planner I Athrough F Combination Building Inspector Athrough F Senior Combination Building Inspector A throw h F g Police De artment Chief of Police A throw h F .. g Civilian Records Manager A throw h F g Police Captains Athrough F Police Lieutenants Athrough F Communications Center Supervisor Athrough F Public Art Commission Commission Members Public Utilities Board Board Members Public Wnrk~ Public Vvorks Director City Engineer Publicvvorks Coordinator Public V1larks Superintendent PublicVVorks Supervisor PublicVVorks Supervisor- Ferry Manager Senior Civil Engineer Supervising Civil Engineer Associate Civil Engineer Traffic Engineer Survey & Construction inspector Supervisor Senior Construction Inspector Construction Inspector *Reporting requirements covered by other law. Athrough F Athrough F Athrough F Athrough F Athrough F Athrough F Athrough F Athrough F Athrough F Athrough F Athrough F Athrough F Athrough F Athrough F Athrough F AppendixA -Page 4 Administrative Management Analyst Athrough F Administrative Management Analyst Environmental Services Athrough F Administrative Services Coordinator Athrough F Transportation Coordinator Athrough F Recreation and Park Commission Commission Members Athrough F Recreation and Parks De artment Recreation and Parks Director Athrough F Recreation Services Manager Athrough F Senior Services Manager Athrough F Recreation Supervisors Athrough F Park Manager Athrough F Golf Professional Athrough F Assistant Golf Professional Athrough F Golf Course Maintenance Superintendent Athrough F Social Service Human Relations Board Board Members Athrough F Transportation Commission Committee Members Athrough F Youth Advisory Commission Committee Members Athrough F *Reporking requirements covered by other law. AppendixA - Pa e 5 g Consultants* Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation; The City Manager may determine in writing that a particular consultant, althou h a ~, ~ ~, 9 designated position, is hired to perform a range of duties that is limited in sco a and . p thus is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Cit . y Manager determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. AppendixA -Page ~ DISCLOSURE CATEGORIES An investment, interest in real property, orincome is reportable if the businessenti . tY in which the investment is held, the interest in real property, or the income or source of income may foreseeably be affected materially by any decision made or participated in b . .. y the designated employee by virtue of the employee s position. An investment, interest in real property, orsource of income orgift does not have a foreseeable material effect on an economic interest~of the designated employee unless the business, real property or source of income orgift may foreseeably require le isfative g action or permits from the City of Alameda or may foreseeably enter into contracts or leases with or make sales of real property argoods or services to or be sold to the Cit of . y Alameda, a department thereof or the Housing Authority of the City of Alameda, In general, that which a reasonable person would predict, anticipate, yr expect beforehand, can be said to be "foreseeable", The term requires the application of reasonable judgment to assess the degree of likelihood that a decision made or participated in will as financial interest, V1lhere the likelihood is sufficiently great that a reasonable person would predict or anticipate an effect on a financial interest, the effect of the decision is foreseeable. Clearly, in the context of designating positions within a Conflict of interest Code, "foreseeable" means greater probability than "conceivable", et less y probability than "certainly". CATEGORY A -INVESTMENTS All direct ar indirect investments of the designated employee valued over $2,000 in a business entity, including any parent, subsidiary or related business, either 1 located in ~} Alameda or ~2} doing business in Alameda. CATEGORY B ~ INTERESTS IN REAL PROPERTY All direct or indirect interests over $2,000 of the designated employee in real property located in Alameda. CATEGORY C -INCOME (OTHER THAN GIFTS AND LOANS) All direct or indirect income of the designated employee aggregating $500 or more from any one source, during the reporting period. Appendix B -Page 1 CATEGORY D - LDANS outstanding loans and loans received bythe designated employee from one source, aggregating $500.00 or more during the reporting period. CATEGORY E -GIFTS Gifts to the designated employee from one source, which total $50 or more during the reporting period. CATEGORY F -TRAVEL PAYMENTS ADVANCES AND REIMBURSEMENTS Travel payments to the designated employee from one source, which total $320 or more during the reporting period. Reportable travel payments include advances and reimbursements for travel and related lodging and subsistence. Appendix B -Page 2 INCGMPATIBLE ACTIVITIES ~A} No officer or employee shall engage in any employment, activity, or enterprise for compensation which is inconsistent, incompatible, in conflict with, or inimical to hislher duties as an officer or employee or with the duties, functions or responsibilities of hislher appointing power orthe agency. No officer or employee shall perform any work, service or counsel for compensation outside of hislher employment where any part of hislher efforts will be subject to approval by any ather officer, employee, board of commission of hislher employing body. ~B} An employee or officer's outside employment, activity or enterprise is prohibited if that: ~1 } Involves the use for private gain or advantage of hislher departmental time, facilities, equipment and supplies; the badge, uniform, prestige or influence of the departmental office or employment; ~2} Involves receipt or acceptance by the officer or employee of any money or other consideration from anyone other than the City for the performance of an act which the officer or employee, if not performing such act, would be required or expected to render in the regular course or hours of hislheremployment as a part of hislher duties as a local agency officer or employee; ~3} Involves the performance of an act in other than hislher capacity as an officer ar employee which act may later be subject directly or indirectly to the control, inspection, review, auditor enforcement of any otherofficer oremployee of the department by which helshe is employed; ~4} Involves such time demands as would render performance of his her duties as an officer or employee less efficient. This Appendix C shall apply to all employees, officers and agents within the agencies covered by the Code. This Appendix does not incorporate by reference the definitions of the Political Reform Act and the regulations adopted pursuantthereto, Interpretations ofGovernment Code Section 1126 are applicable and interpretations of the Political Reform Act may apply.} Appendix C -Page 1 CITY aF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Debra Kurita City Manager Date: June 1l, 2005 Re: Introduce an Ordinance Amending the Alameda Municipal Code by Amending Subsections 8-26.1 (Use of Coasters, Roller Skates and Similar Devices Restricted) of Section 8-26 (Coasters, Skates, Etc.) of Chapter VIII (Traffic, Motor Vehicles and Alternative Transportation Modes) and 23-1.3 (Riding of Bicycles and Skateboards in Parks, Etc.) of Section 23-1 (Parks and Squares) of Chapter XXIII (Parks, Recreation Areas and Public Property) to Expand the Prohibition to Include Skateboards and Their Use Within or Upon Any City Owned or Leased Property, Buildings or Structures Unless Authorized by Subsection 23-1.3 BACKGROUND The Alameda Police Department has actively enforced the existing Alameda Municipal Code section prohibiting the use of coasters, roller skates, and similar devices upon the sidewalks and roadways in the City's business districts. The Civic Center Parking Structure located at 1 X15 Oak Street opened on February S, 2008. As of March 30, 2048, the Police Department has responded to ~ 23 calls for service involving juveniles in the Civic Center Parking Structure. Some of the calls are in response to juveniles skateboarding in the structure. While the Police Department could cite many of these juveniles for loitering ar trespassing upon City property, there is no Alameda Municipal Code section that allows the department to enforce riding of skateboards and other coaster devices within the parking garage or on any municipal owned or leased property, buildings, yr structures. DISCUSSION The Alameda Police Department has worked closely with the City Attorney's Office to expand the current Alameda Municipal Code Subsections 5-28. ~ and 23-~ .3 to establish that the prohibition shat! also include the use of skateboards and other coaster devices within or upon City owned or leased property, buildings, or structures. The prohibition specifically applies to any parking lot or parking structure owned or leased by the City, including the parking lot at the new Main Library, which has begun to attract skateboarders. There is an exception existing for use of skateboards, roller skates, and in- lineskates atthe Skate Park at Alameda Point; this exception has been left unchanged b . Y this ordinance. Vllith the implementation of this new ordinance, the Police Department will City Council Report Re: Agenda Item #4-I 06-~ ~-os Honorable Mayor and July 1~', 2068 Members of the City Council Page 2 of 2 be able to specifically cite skateboarders and other coaster violators ire the new Civic Center Parking Structure. BUDGET CGNSIDERATIONIFINANCIAL IMPACT If the proposed amendment is implemented, there will be signs posted at the entrance of the garage informing those present Qf the prohibition of skateboards and other coaster devices in the Civic Center Parking Structure. The cost of the signs will be determined by Public Works, and the installation of the signs will be performed by Public Works. There will be no other expenses associated with the implementation of this ordinance, MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE This Municipal Code change affects Chapter VIII Traffic, MotorVehicles and Alternative Transportation Modes} by amending Subsection 8-26.1 Use of Coasters, Roller Skates and Similar Devices Restricted and Chapter XXIII Parks, Recreation Areas and Public Property} by amending Subsection 23-1.3 Riding of Bicycles and Skateboards in Parks, Etc. }. Each section has been thoroughly analyzed and found to be compatible with the proposed amendment to the Municipal Code. RECOMMENDATION Introduce an Ordinance amending the Alameda Municipal Code by amending Subsections 8-26.1 (Use of Coasters, Roller Skates and Similar Devices Restricted) of Section 8-26 (Coasters, Skates, Etc.) of Chapter VIII (Traffic, Motor Vehicles and Alternative Transportation Modes) and 23-1.3 (Riding of Bicycles and Skateboards in Parks, Etc.) of Section 23-1 (Parks and Squares) of Chapter XXIII (Parks, Recreation Areas and Public Property) to expand the prohibition to include skateboards and their use within or upon any City owned or leased property, buildings or structures unless authorized by Subsection 23- 1.3. Respectfully submitted, ~ ~~.~ Walter B. Tibbet Chief of Police WBT:jrs CITY OFALAMEDAORDINANCE No. New Series E o AMENDING THEALAMEDAMUNICIPAL CODE BY AMENDING ~' SUBSECTIONS 8-26.1 FUSE OF COASTERS, RGLLER SKATES AND ~, ~ SIMILAR DEVICES RESTRICTED} OF SECTION $-26 COASTERS, ~ , ~ SKATES, ETC.} GF CHAPTER VIII TRAFFIC, MOTOR VEHICLES AND ~ ~ ALTERNATIVE TRANSPGRTATI - GN MODES} 231.3 PRIDING OF ~ a BICYCLES AND SKATEBOARDS 1N PARKS, ETC.} OF SECTIGN 23-1 ~, SPARKS AND SQUARES} OF CHAPTER XXIII SPARKS, RECREATION ~ } AREAS AND PUBLIC PROPERTY T4 EXPAND THE PROHIBITION T4 INCLUDE SKATEBOARDSAND THEIR USE IN CITY OVIINED OR LEASED PROPERTY, BUfLDINGS OR STRUCTURES UNLESS AUTHORIZED BY SUBSECTION 23-1.3 BE IT ORDAINED by the City Council of the City of Alameda that: Section 1. The Alameda Municipal Code is hereby amended by amending Subsection 8-26.1. Use of Coasters, Roller Skates and Similar Devices Restricted as follows: 8-26.~ Use of Coasters, Rosier Skates, Skateboards and other Similar Devices Restricted It shall be unlawful forany person upon rollerskates or riding in or by means of any coaster, skateboard, toy vehicle or similardevice to go upon any roadway or upon the sidewalk in any business district, or any property, building or structure owned or leased by the City. Section 2. The Alameda Municipal Code is hereby amended by amending Subsection 23-1.3. Riding of Bicycles and Skateboards in Parks, Etc. as follows: 23-~.3 Riding of Bicycles and Skateboards in Parks, Etc. It shall be unlawful when and where posted for any person to operate or ride a bicycle, or skateboard, propelled wholly or in part by muscular power, within or upon any public park, playground, or school property in the City or parking lot, parking structure awned or leased by the City. The use and operation of skateboards, roller skates, and in-line skates shall be authorized at the Skate Park, at Alameda Point. All persons using, operating, or riding a skateboard, roller skates, or in-line skates at the Skate Park, at Alameda Point, shall wear a helmet, elbow pads, and knee pads at all times. Section 3. Severability Clause. It is the declared intent of the City Council of Alameda that if any section, subsection, sentence, clause, phrase, or Introduction of ordinance #4-I CC 06-17-OS provision of this ordinance is held invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not be so construed as to render invalid or unconstitutional the remaining provisions of this ordinance. Section 4. This Ordinance shall be in full force and effect from and after the expiration of thirty X30}days from the date of its final passage. Presiding Officer of the Council Attest: Lora Weisiger, City Clerk City of Alameda ~~**** I, the undersigned, hereby certify that the foregoing ordinance was dul . y and regularly adopted and passed by the Council of the City of Alameda ~n a regular meeting assembled on the ~ lth day of June, 2008 by the followin vote g to wit: AYES; NOES: ABSENT; ABSTENTIONS: IN vvITNESS, vvHEREOF, I have hereunto set my hand and affixed the official seal of said City this day of June, 2008. Lora vveisiger, City Clerk City of Alameda CfTYQFALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Debra Kurita City Manager Date: June 1l, 2008 Re: Hold a Public Hearing to Adopt a Resolution Authorizing Collection of Delinquent Integrated vVaste Management Accounts by Means of the Pro ert Tax Bills BACKGROUND The State Public Resources Code and the Health and Safety Code require proper disposal of all refuse and discarded materials. To ensure these required public health standards are met, the City requires all residential and commercial properties to receive and pay for Integrated vVaste Management ~lwM} services, as provided bythe City'sfranchisehauler, Alameda County Industries ACI}. Collection services maybe paid by the property owner or a tenant; however, since 1996, the City has held property owners responsible for delinquent accounts that are unpaid by their tenants. In accordance with Chapter XXI, Solid ~Illaste and Recycling, of the Alameda Municipal Code RAMC}and the FranchiseAgreement CFA}between the Cityand ACI, ACl mayassign delinquent ivllM accounts to the City for collection through the property tax. Prior to assigning their rights to the City, ACI is obligated to make at least four attempts to collect the delinquent accounts. The City Council is required to hold a public hearing prior to collecting through the property tax bills. 0n May 20, 2008, the City Council set June 1l, 2005, as the date for this public hearing. DISCUSSION 4n April 9, 2008, ACI assigned 86 delinquent IVIlM accounts to the City for collection. In accordance with the AMC, the City sent letters to the owner of the properties that had a delinquent account, requesting immediate payment by 5:00 p.m. on June 1l, 2005. Although not required, a second reminder letterwas sent to the property owners prior to the hearing date. The letters stated that if payment was not promptly received, the City would consider collecting the delinquent accounts by means of the property tax bills. A cover sheet stating, "Important Notice, Please Read or Contact the Public Works Department at 149-5540 for Information," translated into the six most commonly spoken languages within the City, was included with each letter. Since ACI's assignment ofdelinquent accounts to the City,15 delinquent accounts have been resolved. Six accounts have been paid in full, and nine accounts were removed from City Council Public Hearing Agenda Item #5•A os-~ 7-os Honorable Mayor and June 1l, 2008 Members ofthe City Council Page 2 of 2 the list because they were erroneously reported by ACI. Currently, l1 accounts remain delinquent. Pursuant to the AMC and the FA, the City is obligated to pay ACI for all delinquent accounts. Accounts that remain delinquent and are not approved for collection through the propertytax billsareconsidered "bad debt,"and could resultin an increaseto the rates in order to recover the "bad debt". The total sum of unpaid delinquent charges consists of the unpaid balance and the City fees. City fees include interest, administration costs, and the consultant fee for filing with the CountyAuditor. The listofunpaid delinquentchargeswill beforwarded tothe County and placed on the property tax bills. As the deadline for resolving delinquencies is 5:00 p.m. on the day of the public hearing, an updated list of lien properties will be provided at the Council meeting. A draft list is included as Attachment 1. BUDGET CONSIDERATIONIFINANCIAL IMPACT The total amount due for this group of non-paid accounts, not including City fees, is $30,526. Since the City receives a 10% franchise fee from ACI on all paid accounts, the loss in General Fund revenue is $3,052. Staff estimates the cost to administer this program is approximately $5,000 per year, and the lien program is structured to provide full cost recovery for the past due accounts. Adoption of the resolution to collect delinquent charges on the property tax bill will result in no impact to the General Fund. MUNICIPAL CODEIPOLICY DOCUMENT CROSS REFERENCE The City's integrated Waste Management Program is consistent with the General Pian Health & Safety Element Guiding Policy 8.4.k and is consistent with the Waste and Recycling initiative of the Local Action Plan for Climate Protection. RECOMMENDATION Hold a public hearing to adopt a resolution authorizing collection of delinquent IWM accounts by means of the property tax bills. Resp submitted, G~ ~~ ` Matthew T. Naclerio Public Works Director MTN:MFD:gc Attachment: ~. Lien list of properties ~~ ~m ~~ By: Maria F. 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Ma11 Square, Room 110 Alameda, CA 94501 Ms. Dorothy Bensonl Bernard Benson 1715 Buena Vista Ave #A Alameda, CA 945x1 Acct. #441922-001 June 1 ~, 2005 Dear Ms. Gail CarlsonlCity of Alameda Public Works Dept. We are truly sorry for the delinquent bill with Waste Management, and we would like to make short term arrangements to have the sum paid in foil on or by July 31, 2408. Please hold off an any and all liens on our property. We owe Waste Management the delinquent amount of $684.45, and we would like to make a payment arrangement that would pay off the aforementioned debt by July 31, 2008. This would include making a partial payment of $342.65 on July 1$, 200$ and the remaining balance of $342.00 to be paid on or before July 3 1, 2008, which would make the delinquent bill paid in full. The account reference number is #0019Z2~441, We would be truly greatful if you would agree to this, or any similar payment arrangements so that we may pay this bebt off in full; and to stop any and all further actions to place a lien on our property. Thank you so much. Sincerely, Ms. Dorothy Benson/ Mr. Bernard Benson Account Number 001922-001 Re: Agenda Item #5-A as-~ 7-oa CITY OF ALAMEDA RESOLUTION N0. E ~° 0 ~o as 0 ~. AUTHORIZING COLLECTION OF DELINQUENT INTEGRATED WASTE MANAGEMENT ACCOUNTS BY MEANS OF THE PROPERTY TAX BILLS ~111HEREAS, pursuant to Alameda Municipal Code Section 21-20.6, the amount of charges, penalty, and interest imposed is assessed against the ' ° ro ert and if not aid w ' app y p hen due, shall constitute an assessment against the ;~ property and shall be a lien against the property; and ,~ V1IHEREAS, pursuant to Alameda Municipal Code Section 3-58.16, the Public Ullorks Director shall file with the City Manager a written notice of those persons on whom the Citywilifile liens; and VIIHEREAS, upon receipt of such notice, the City Manager shall present same to the City Council. NOV11, THEREFORE, BE IT RESOLVED by the Council of the Cit of .. y Alameda and pursuant to Alameda Municipal Code Subsection 21-20.6b: 1. The City's Franchise Hauler, Alameda County Industries ACI , has } submitted a list of delinquent accounts and corresponding properties. ACI has established that each delinquent account is at least 60 da s late y in payment. 2. ACI has established that it sought collection for one yearfrom the invoice date and has made at least four efforts to collect on the Jelin uent q account. 3. On Apri! 9, 2008, ACI assigned its right to the unpaid accounts to the Cit y +n writing. 4. City staff provided the City Council with a report and filed said re ort with . p the City Clerk listing each property and the amount due in un aid p charges, plus any penalties, interest, and other collection fees. 5. On May 20, 2008, the City Council set a public hearing for Jelin uent . q integrated waste management charges for June 1l, 2008, 6. On May 21, 2008, and June 10, 2008, the City Clerk mailed a first and second letter to each property owner requesting payment and statin . g that if payment was not received by 5:00 p.m. on June 1l, 2008, the Cit . Y will hold a public hearing at 7:30 p.m. ~n the City Council Chambers to consider placing a lien on the property in order to collect the Jelin uent . q amount through the property tax bill. 7. 4n May 34, 2008, and June 2, 2008, the City Clerk published a le al .. 9 Notice of the filing of the report as well as the time, date, and lace for p the public hearing to be held on June 17, 2008, 8. On June 1l, 2008, the City Council held a public hearin and confirmed g the staff report and directed the City Clerk to forward to the Count Y Resolution #5-A ~Y~~ ~rOM Auditor the total sum of unpaid delinquent charges including an Y penalties, interest, and other collection fees. ****** I, the undersigned, hereby certify that the foregoing Resolution was dul y and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 1lth day of June, X008, b the followin vote Y g to wit: AYES: NOES: ABSENT: ABSENTI~NS: IN 1NITNESS, v1rHEREaF, I have hereunto set my hand and affixed the official sea! of said City this ~tn day of June, 2008. Lara UVeisiger, City Clerk City of Alameda CITY 4F ALAMEDA Memorandum To: Honorable Mayor and Members ofthe CityCouncil From: Debra Kurita City Manager Date; June 1 1, 2008 Re: Adopt a Resolution Authorizing the City Manager to Apply for Regional Measure 1 Bridge Toll Funds, Including Five Percent Unrestricted State Funds and Two Percent Bridge Toll Reserve Funds for the Qperating Subsidy and Capital Projects for the City of Alameda Ferry Services, and to Enter into all Agreements Necessary to Secure These Funds for Fiscal Year 200812009 BACKGRQUND In November 1989, voters approved Regional Measure 1 ~RM1 } authorizing a toll increase of $1.00 for vehicles on all state-owned bridges in the Bay Area. Up to three percent of the revenues derived from the toll increase are made available for transportation projects that reduce congestion on these bridges. Under an agreement with the Bay Area Water Emergency Transportation Authority, the Metropolitan Transportation Commission MTC} approves projects and distributes RM1 funds. The funds are divided into north and south bridge groups, as well as operating funds and capital funds. The Alameda ferry services are eligible for the southern bridge group operating and capital funds. Qn April 25, 2008, MTC issued a Call for Projects for fiscal year 2008/2009 with an application deadline of May 14, 2008. Consistent with past practice, staff submitted a draft application to meet the deadline, with the understanding that the application would be modified based on the City Council's review and approval of the draft application on June 17, 2008 . DISCUSSIQN Applications for Operating Funds: MTC estimates that the southern bridge group operating funds will be $1,591,046. Qf this total, City staff estimates that $1,560,046 will be available forferry operations. • AlamedalQakland Ferry Service ~AQFS} -The City requests $1,056,046 in RM 1- 5% revenue. The AQFS operating budget is estimated at $5,504,577. Adoption of the final pro forma budget is also on the June 17, 2008, City Council agenda. Projected A4FS revenue consists of: City Council Report Re: Agenda Item #5-B I 06-~7.os Honorable Mayor and Members of the Council June 17, 2008 Page 2 of 3 ^ RM 1 - $1,056,046 ^ Measure B - $918,600 ^ Port of Oakland - $83,117 ^ Miscellaneous Revenue - $63,772 ^ Farebox Revenue - $2,387,000, assumes the City Council's approval of the proposed fuel surcharge. ^ AlamedalHarbor Bay Ferry ~AHBF} -The City requests $450,000 in RM1-5% revenue. The AHBF operating budget is estimated at $1,876,960, which includes $195,000 for capital projects. Adoption of the final pro forma budget is also on the June 17, 2008, City Council agenda. Projected revenue consists of: ^ RM1 - $450,000 ^ Measure B - $185,400 ^ Transportation Improvement Fund ~TIF} - $466,560 ^ Lighting & Landscaping Assessment District ~LLAD} 84-2 - $65,000 ^ Farebox revenue - $710,000, assumes the City Council's approval of the proposed fuel surcharge. Applications for Capital Projects: Southern bridge group funds available for capital projects are $363,868. The City is submitting two capital projects for RM1-2% funding. These are: • Encinal Main Engine Re-Build -This project provides for the scheduled overhaul of the two main engines that were purchased and installed in 2003. ~Jllork includes engineering, materials purchase, and labor. The total project cost is estimated to be $277,000. Funding consists of: $144,868 from RM1-2%, and $132,132 from Measure B. • Harbor Bay Terminal Barge Dry-Dock -This project provides for shipyard repair of the City-owned terminal barge. Project tasks include: a} rental, modification, and installation of a temporary barge to permit continued ferry operations; b} dry- docking and repair of the City-owned barge; and c} replacement of the temporary rental barge with the refurbished City~owned barge. The total project cost is estimated to be $294,000. Funding consists of $219,000 from RM1-2°/° and $15,000 from TIF. BUDGET C~NSIDERATIGNIFINANCIAL IMPACT A4FS: The AOFS is budgeted in the Capital Improvement Program Project No. 621.20, with monies allocated through RM 1, Measure B, farebox revenue, and a contribution from the Port of Oakland. The RM1 grant request is for $1,056,046. Honorable Mayor and Members of the Council June 17, 2008 Page 3 of 3 AHBF: The AHBF is budgeted in the Capital Improvement Program Project No. 521.10}, with monies allocated through RM1, Measure B, TIF, LLAD 824 funds, and farebox revenue. The RM 1 grant request is for $450,000. Capital Projects: The City is submitting two capital projects for a total RM 1-2% grant request of $363,868. MUNICIPAL CODEIPOLICY DOCUMENT CROSS REFERENCE The City's Ferry Service is consistent with the General Plan Transportation Element Guiding Policy 4.3.f. and the Transportation and Land Use Initiative of the Local Action Plan for Climate Protection. ENVIRONMENTAL COMPLIANCE In accordance with the California Environmental Quality Act ~CEQA}, the capital improvement projects are Categorically Exempt under the CEQA Guidelines Section 15301~c}, Existing Facilities. RECOMMENDATION Adopt a resolution authorizing the City Manager to apply for RM1 Bridge Toll funds, including Five Percent Unrestricted State funds and Two Percent Bridge Toll Reserve funds for the operating subsidy and capital projects for the City of Alameda ferry services, and to enter into all agreements necessary to secure these funds for fiscal year 200812009. Respe ~ sub fitted, 4 '~ Matthew T. Naclerio Public Works Director ~~ ~~ By: Ernest Sanchezl~,~~ Ferry Manager MTN:ES:gc cc: Watchdog Committee Ferry} CiTYOFALAMEDA RESGLUTIGN NO. AUTHORIZING THE CITY MANAGER TO APPLY FOR REGIONAL MEASURE 1 BRIDGE TOLL FUNDS, INCLUDING FIVE PERCENT E UNRESTRICTED STATE FUNDS AND TWO PERCENT BRIDGE TOLL a ~- ~ RESERVE FUNDS FOR THE OPERATING SUBSIDY, AND CAPfTAL PROJECTS FORTHE CITYOFALAMEDA FERRYSERV ICES, AND TO ~ ~ ~ ENTER INTO ALL AGREEMENTS NECESSARY T ~ O SECURE THESE FUNDS ~ ,~ FOR FISCAL YEAR 2008/2049 ~ U ~. ~ WHEREAS, Regional Measure 1 November 1988} created revenues ~ for allocation by Metropolitan Transportation Commission; and WHEREAS, the monies can be used tofund planning, operating and capital projects for water transit purposes which are designed to reduce vehicular traffic on the bridges; and WHEREAS, the public entities are eligible applicants; and WHEREAS, the City of Alameda operates the AlamedalOakland Ferry Service ~AOFS} and the Alameda Harbor Bay Ferry ~AHBF}; and WHEREAS, staff has identified the need foran operational subsidy for these ferry services; and WHEREAS, the City has identified the need for two capital projects necessary for the efficient operation of these ferry services; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofAiameda does hereby approve the applications for bath the AHBF and the AOFS~for fiscal year 2008/2409 and authorizes the City Manager to apply for Five Percent Unrestricted State Funds and Two Percent Bridge Tolf Revenue Funds for the Operating Subsidy and Capital Projects, and to enter into all agreements necessary to secure these funds. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to forward a certified copy of this resolution to the Metropolitan Transportation Commission. ***~* Resolution #5-B 06-11-08 i, the undersigned, hereby certify that the foregoing Resolution was duty and regularly adopted and passed b the Council of the City of Alameda in a . my regularmeeting assembled on the ~l day of June, 2008, by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN vIIITNESS, UVHERE~F, I have hereunto set my hand and affixed the official seal of said City this th day of June, 2008. Lora vlleisiger, City Clerk City of Alameda CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Debra Kurita City Manager Date: June 1l, 2008 Re: Authorise the City Manager to Execute a Third Amendment to the Amended and Restated Ferry Services Agreement with the Port of Oakland to Extend the Term for one Additional Year at a Cost of 8311 l BACKGROUND On July 1, 2004, the City Council approved the Ferry Service Agreement between the City of Alameda and the Port of Oakland the Parties}, whereby the City, through its ferry operator, provides ferry service between Jack London Square and San Francisco for a set fee paid by the Port of Oakland Port}, In June 2005, the Parties entered into the Amended and Restated Ferry Service Agreement between the City of Alameda and the Port Agreement}. In June 2001, the Parties entered into the Second Amendment to the Agreement extending the term of the agreement and setting the fee to be paid by the Port for ferry service. The Parties now want to enter into the Third Amendment to the Agreement Third Amendment} to set the Port's cost for ferry service and extend the term for one year. DISCUSSION The principal terms of the Agreement are: • Term: The Agreement term is one year beginning July 1, 2008. • Fee: As consideration for the City's provision of ferry service through the ferry operator between Jack London Square and San Francisco, the Port will pay the City $83,117 for fiscal year 200812009. This is the same fee for ferry service provided by the Port for the past two years. Public Works staff sent a letter to the Port in May requesting that it consider increasing the fee to be commensurate with past contributions. Staff from the City Manager's Office and Public Works also met with Port staff on June 3, 2008, to personally request an increase in its contribution due to increased ferry costs, including diesel fuel expenses. Port staff indicated that due to the economic downturn, the Port needs to reduce its City Council Agenda ~te~n #5-~ II 06-17-DS Honorable Mayor and Members of the City Council June11,2001 Page 2 of 2 operating budget by $18.6 billion and will be reducing staff by 100 full time equivalent employees. Therefore, the Port is unable to increase its contribution. A copy of the third Amendment to the Agreement is on file in the City Clerk's office. BUDGET CONSIDERATIONIFINANCIAL IMPACT This project is budgeted in the Capital improvement Program Project No. 621.20}, with monies allocated through Regional Measure 1, Measure B, and farebox revenue. There is no impact to the General Fund associated with AlamedalOakland Ferry Service operations. MUNICIPAL CODEIPOLICY DOCUMENT CROSS REFERENCE The City's Ferry Service is consistent with the General Plan Transportation Element Guiding Policy 4.3.f. and the Transportation and Land Use Ini#iative of the Local Action Plan for Climate Protection. RECOMMENDATION Authorize the City Manager to execute a third Amendment to the Amended and Restated Ferry Services Agreement with the Port of Oakland to extend the term for one additional year at a cost of $83,117, Respectf Ily submitted, G~~ ~~~ Matthew T. Naclerio Public Works Director C~; ~,~,. By: Ernest Sanch Ferry Manager{e,y~. MTN:ES:gc cc: Watchdog Committee (Ferry) CiTY~F ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Debra Kurita City Manager Date: June 17, 2008 Re: Hold a Public Hearing on the Proposed Implementation of a Fuel Surcharge for the Alamedal4akland Ferry Service, Authorize the City Manager to Execute a one-Year Extension of the Blue & Gold Fleet Gperating Agreement with the AlamedalCakland Ferry Service and Execute an Amendment to the Agreement to Extend the Term Through June 30, 2010, Adopt Associated Budgets, and Approve the Proposed Fuel Surcharge forthe Alamedalaakland Ferrv Service BACKGRGUND Gn August 1, 2004, the City of Alameda City} and Blue & Gold Fleet ~B&GF} entered into an Agreement for the AlamedalGakland Ferry Service ~AGFS}. The Agreement is a Cost Plus Fixed Fee contract wherein the operator receives a fixed management fee, and the use of two CitylPort of Oakland jointly owned boats, while retaining farebox revenue. Operational costs are passed through to the City and paid in advance on a monthly basis. The Parties have amended the Agreement several times to extend the term, revise insurance provisions, set B&GF management fees, fix labor and maintenance rates, and cap expenses. The City and B&GF propose to amend the Agreement and extend the contract for one year, beginning July 1, 2005. DISCUSSION There are no proposed changes to service levels or schedules, though staff recommends implementation of an additional fuel surcharge to offset increased diesel fuel costs. A copy of the Ninth Amendment to the B&GF Agreement and the fare increase study are on file in the City Clerk's office. The principal Amendment terms are: • Agreement Extension: Gne year, beginning July 1, 2008, and ending on June 30, 2009. The Amendment also adds one additional optional year to the multi-year Agreement thereby providing the City and B&GF with the option of extending the operating agreement through June 30, 2010. City Council Public Hearing Agenda Item #5-B III os-~ 7-os Honorable Mayor and Members of the City Council June 1l, 2008 Page2of5 • Pro Forma Budget: The AOFS fiscal year 200812009 operations budget totals $4,508,535, compared to budgeted expenses for fiscal year 2001/2008 of $3,888,174. AOFS expenses are detailed in Table 1, which is attached. ^ aperator Fees: B&GF will receive fixed management and administration overhead fees of $211,195, compared to $212,483 in fiscal year 200112008. In addition, there is a performance incentive based on customer satisfaction survey results and on-time performance. The available 12-month performance based incentive will be $84,698, compared to $82,632 in fiscal year 200112008. Total operator fees including overhead, management, and performance will be $302,493, compared to $295,115 for the current year, a 2.5% increase. This amount reflects increases in B&GF's operating expenses, including Pier 39 rent, and insurance. In addition, onboard labor is expected to increase 3°/°, from $1,366,271 budgeted in FY 200112008 to $1,401,265. ^ City Costs: City expenses are expected to be $546,217, compared to the $165,041 budgeted for fiscal year 2001/2008 see Table 3}. City costs include $110,000 for marketing, $250,000 for operating contingency, and $89,458 for vessel and dock Long Term Capital Reserves ~LTCR}. Both of the City's ferry services have LTCR accounts, which are used by the City to accumulate funds over #ime for use on major vessel maintenance projects such as equipment overhaul, replacement, ordry-docking. • Fuel: Fuel is budgeted at $1,350,000 for 300,000 gallons at $4.50 per gallon. This compares with the budgeted $810,000 for 300,000 gallons in fiscal year 2001/2008 at $2.10 per gallon. To reduce fuel consumption, B&GF fuels ADFS boats to only 80°/° of fuel capacity, thereby reducing vessel weight. In addition, the captains operate the boats at idle speed whenever possible. • Revenue: Public funding totals $4,508,535 and is provided from Regional Measure 1, Measure B, the Port of Oakland, and passenger fares see Table 2}. The projected farebox revenue of $2,387,000 assumes the City Council's approval of the recommended fuel surcharge and 453,000 tickets sold at an average cost of $5.21 each. ^ Farebox Recovery Ratio (FRR): The FRR is a measure of the percent of operating costs offset by revenue from ticket sales. FRR is Honorable Mayor and Members of the City Council June 1l, 2008 Page 3 of 5 calculated by dividing revenue from ticket sales by operating costs. If the fare increase recommended below is adopted, then the AGFS FRR is projected to be 54.0°/° see Table 4}. • Fuel Surcharge: The proposed budget anticipates that the cost of diesel fuel will continue to increase significantly, Staff proposes to address these increases through reductions in the LTMR accounts and implementation of a fuel surcharge. The recommended fuel surcharge see Table 5} is granted to the City through existing authority from the California Public Utilities Commission ~CPUC} Resolution TL-19092 adopted on November 16, 2047. The maximum allowable fuel surcharge allowed by the resolution is provided in Table 5. Staff proposes that the City Council approve the total fuel surcharge as a maximum ceiling rate for fares, and that the initial fare increase shown on Table 5 be implemented effective July 1, 2008. If implemented, the initial fare increase would raise the standard adult ticket by $0.50 per ticket to a total price of $6.50. Similarly, the 20-ticket commute book, which is the most popular commuter ticket choice, would increase by $0.45 per ticket to a total price of $52.50. Staff also requests that the City Council authorize the City Manager to increase fares to the maximum ceiling rate if the cost of diesel fuel exceeds the budgeted $4.50 per gallon for four consecutive weeks. The proposed initial fuel surcharge would raise the average fare from $4.82 to $5.27 and could generate $2,387,000 in additional revenue, based on 453,000 tickets sold over a 12-month period. o Public Gutreach: To inform the riders of the proposed fare increase and elicit feedback, City staff sent two notices via a-mail to the AGFS rider list, posted a notice on the AGFS web site, prepared a press release, and rode the ferry during the commute to discuss the proposal with riders. In addition, a public meeting was advertised and held, but no one attended. Overall rider response to the proposed increase was mixed. While some riders opposed the increase, other riders recognized that the fare increase is driven by increased diesel fuel costs, and they understood the need for the fare increase. • Marketing: In May, the City targeted the Jack London Square area with 2,055 direct mail coupons offering aBuy-Gne-Get-Gne free promotion. In July and August, a total of 40,000 Valpak coupons with the same offer will be mailed to selected San Leandro households. From July through October, 50 queen-sized billboards will be posted on AC Transit buses. And in July, 11,500 Buy-Gne-Get-Gne free coupons wilt be mailed to Alameda residents. Honorable Mayor and Members of the City Council June 1l, 2008 Page 4 of 5 In addition, both ferry services will join in the Spare the Air Free Transit promotion on June 19, 2008. • Main Street Ferry Terminal -The City owns the Main Street terminal. The budget for fiscal year 2008/2009 is $92,000 and includes $25,000 for maintenance, $60,00 for an unarmed parking lot patrol guard, and $1,000 for utilities and an external security audit. • Fiscal Year 2448/2049 Capital Projects: In addition to operations, there will be four ferry capital improvement projects for AOFS. These projects, which total $415,500, are: Encinal Main Engine Rebuild at $211,000, Encinal upgrades at $60,000, City Ferry Terminals Americans with Disability Act DADA} upgrades at $10,000, and the Main Street Ferry Terminal gangway ADA slope modification and repair at $44,500. These projects are funded through Measure B, Regional Measure 1-2°/a, and the Transportation Improvement Fund ~TIF} see Table 6}. BUDGET CONSIDERATIONIFINANCIAL IMPACT The AOFS is budgeted under the Capital Improvement Program Project No. 621,20}, with monies allocated through Regional Measure 1, Measure B, farebox revenue, and a contribution from the Port of Oakland. Total fiscal year 200812009 revenue for both ferry services is provided in Table 1. There is no impact to the General Fund associated with AOFS operations. MUNICIPAL CODEIPOLICY DOCUMENT CROSS REFERENCE The City's Ferry Service is consistent with the General Plan Transportation Element Guiding Policy 4.3.f. and the Transpor#ation and Land Use Initiative of the Local Action Plan forClimate Protection. Honorable Mayor and Members of the City Council REC~MMENDATI4N June 17, 2008 Page 5 of 5 Hold a public hearing on the proposed implementation of a fuel surcharge for the A~FS, authorize the City Manager to execute cone-year extension of the B&GF operating agreement with the A4FS and execute an amendment to the agreement to extend the term through June 30, 2010, adopt associated budgets, and approve the proposed fuel surcharge for the A~FS. Respectfully submitted, G~2j Matthew T. Naclerio Public Works Director ~~~~ By: Ernest Sanche Ferry Manager 9~- MTN:ES:gc Attachments: Table 1-A~FS Budgeted Expenses Table 2 - A~FS Fisca! Year 2008/2009 Revenue Table 3 - A~FS City Expenses Table 4 - A~FS Farebox Recovery Ratio Table 5 -A~FS Proposed Fue! Surcharge Ceiling Rate & Initial Fare Table 6 -City Ferry Services Fisca! Year 200812009 Capital Projects Table l -City Ferry Services Fiscal Year 204812009 Revenue cc: Watchdog Committee (Ferry) Table ~ - AOFS Budgeted Expenses EXPENSES Budget FY Budget FY Actual 2008109 2007lDS 20D7 Vessel Expenses: v1la es $1,407,265 $1,366,277 $1,356,857 Maintenance: Pier 9 $145,000 $150,000 $172,639 Outside contractors $145,000 $150,000 $200,566 Fuel $1,350,000 $814,000 $760,536 Insurance $150,000 $204,135 $136,899 Rental of Carrier boats $12,000 $10,000 $13,856 Misc. $5,000 $0.00 $12,928 Total Vessel Expenses $3,214,265 $2,fi91,D12 $2,fi54,2S1 Non-Vessel Expenses: Contract services $5,000 $5,000 $88,D79 Professional feeslle al $7,D00 $4,500 $4,944 Customer Service $35,000 $35,000 $25,604 Taxesl licenses $13,500 $12,500 $13,476 Insurance facilities 0 0 $0 Port SFI Pier 39 fees $85,000 $80,000 $71,185 Sub#otal Non Vessel Expenses $145,5D0 $137,OOD $209,288 Opera#or Fees: Adminl0verhead fees $50,319 $49,092 $49,092 Mana ement $157,476 $163,391 $164,288 Performance Based Fee: On Time Performance $42,349 $41,316 $40,812 Customer Satisfaction $42,349 $41,316 $40,812 Subtotal Operator Fees $302,493 $295,115 $295,OD4 SubtotallOperator Expenses $3,fifi2,25S $3,123,121 $3,158,573 City Contractual Expenses Table 3~ S4fi 2l7 $ ~ $165,041 $129,927 Total Expenses ~Cit + Operators $4,508,535 $3,888,114 $3,888,500 PROJECTED REVENUE $4,508,535 $3,888,174 $3,588,5DD ~1 }For FY 2008109, assumes 300,000 gals at $4.50Igal. Incl udes lube oil. ~2}The City's cost far a "capped" line item cannot exceed budgeted amount. ~3}Assumes approval of proposed fuel s urcharge. City Council Attachment ~ to Public Hearing Agenda Item #5-B III os-~ T-os Table 2 -- A~FS Fiscal Year 2008/2009 Revenue REVENUE TOTAL Farebox $2,381,000 MTC RM 1-5% $1,056,046 Measure B ~3} $918,600 Por# of Oakland $83,117 Misc. Rev, $63,000 Total $4,5D8,535 (1) AOFS: Approximately 453,000 tickets @ $5.27 each. (2) Assumes AOFS fuel surcharge implementation July 2008. (3) Includes $718,600 in FY 2008/2009 revenue and $200,000 in MB reserves. City Council Attachment ~ to Public Hearing Agenda Item #5-B III 06-~?-os Table 3 - A~FS City Contractual Expenses Item Budget FY 2008109 Budget FY 2007108 Actual 2001 Operations: .Dockin fees: Ferr Buildin $40,189 $54,000 $34,947 AT&T Park Giants $8,521 $6,400 $1,260 MUNI $11,267 $14,000 $16,816 Marketin $114,000 $110,000 $94,747 Administration: Cit Admin $210,442 $59,700 $134,657 MTC SRTP $3,000 $2,600 $21,190 Audit $4,000 $4,000 $3,727 PVA Membershi $1,400 0 $1,370 office su ties $3,504 $2,740 $3,352 Interest allocation $0 $0 8,330 Surve s $16,000 $15,000 $13,661 Subtotal Operations $414,319 $298,400 $334,fi23 Reserves: Long Term Capital Reserve: Encinal $37,458 $50,000 $50,000 Peralta $37,500 $50,000 $19,054 Dock Main Street $15,000 $15,000 $15,000 0 erations Contin enc $250,000 $263,647 $51,039 Subtotal Reserves $339,958 $318,641 $135,093 Main Street Terminal: Annual Facility Security External Audit $3,000 $0 $2,674 Utilities Main Street $4,000 $3,000 $3,413 Main St Maintenance $25,000 $30,000 $199,724 Main Street Patrol Guard $60,000 $55,000 $54,075 Subtotal Terminal $92,000 $88,000 $259,885 Total $546,217 $765,047 $729,601 ~1 } In February 2008, City Council approved amid-year budget adjustment that included full cost recovery of City administrative expenses. Therefore actual current year administrative cost will be $210,442 and not the $89,700 budgeted in June 2007. The $210,442 is 314 of a $284,5901yr staff position. The remaining ~/4 is an expense item in the Alameda Harbor Bay Ferry budget. ~2}Short Range Transit Plan City Council Attachment 3 to Public Hearing Agenda Item #5-B III 06-1 T-08 Gity Council Attachment 4 to Pubic Hearing Agenda Item #5-B III 06-~I l-O8 Table 4 - AOFS Farebox Recovery Ratio (FRR) Table 5 --Proposed Fuel Surcharge Ceiling Rate & lnitial Fare Table 4 Fares TYPE Current one- Maximum Fuel Proposed Remaining INay Fares~1 } Allowable Fuel Surcharge one-INay Balance ~3} Surcharge ~2} Balance Fares "Potential "Ceiling Rate" Available ~2} Effective 1-1- Additional 08 "Initial Fare Fare" Increase" Standard F ',?.'y'~~ `~tYuc Y; °; ~iik+y:.;~;r ..~:..:: !p~~My;~~~c~~~~~\~~~~:~ Ys.Ct' ':kx~;~~.,~4,~. ~~y~ ~~! :.::XF•~'7'' i~%;i ~!~ ~• <t.:,;~ ~zk.~y7,o ~~`^~~~~, ~ ~'':~ \.Gi:<.~?:i'~ ,'V ,~C~E..::,.,, ~ ~'~,,. y,t; ' ,^,~>~,. , ^ ~.~.~~^, ^~^^^,,,. {. ~ ~ ~^, ~ ,,h ~~,!! } :n~\{ ~~~1. <•:;~~: . ~ Q:SX~i~` ; \^)n ~~!~ ~` ~,'Tj ~ ' ~ ^ ~" ~ ~ `;ivi. g... ' `\ ,, ~ ` ~ ~ ;J\~S;»'~ti:.:; tub: :..,.^ „ ~ ` ~ ~ . . ~. ~ » a; a i . 5 10. ~ ` r t~ :, ~s ?xa . ~„~ t\ : iV~,.~a~ Adult $6,00 $6.90 $4.90 $6.50 $0.40 Junior 5-12 $3.25 $3.50 $0.35 $3,50 $0.10 Child under 5 FREE FREE n.a, FREE n.a. Seniors X65, +}l Disabled $3.50 $3.90 $0.40 $3.15 $0.15 Active Militar 4.15 $5.40 $0.65 $5.25 $0.15 school rou s $2,00 $2.10 $0,10 $2.00 $0.10 Short Ho $1.50 $1,50 $0.00 $1.50 $0.00 G i a n ts. ~i WiiY^f~' ~i ail: ''h~i~~~.~ ..~>!`\}:~f`jY rc: ~.. ~~~,~~!'~_~ ~t,l''._`y.., ti1Z~ ;~i'~\y ~~';' !.Z ,,~~b~.'~\ xKtiaS. ! ,.`~ .. '~' `'t;:. 'a~ T~ ~;ti.\~ ! \'~1Jl:~t f f0 ;h+ ~!: ~i~ '~'• ~~~ ~ \3ni)d`'t ,kt,.e .:~ ,~~ ,^,ob)' @:~ ~~;~ ,~~ ~~~~::~. ~ .~~r: , ~ ti~ ~:.,: ~~,.~ ~ .~. a~~ ~~ ^:1,~'`~;~~~..~ P~ ``,~'~~;F~, .~ $:..:'.:f.:«. 1'.. •)1. '"v4k._~~`` `~~~ ~ .~~ ~', ».,:9 !^4:.w,. «,,~r.._,_H; ~`\.. ;~`4 t";;;'.~t' ~~. , ,~~ ~ 4, :~ ~...~~:1; din pia,;... tZ'~. +^ Adult $1.00 $8.10 $1.10 $1.50 $0.60 Junior 5-12 $4.25 $4.80 $0,55 $4.15 $0,05 Child sunder 5~ FREE n.a. n.a. FREE n.a. Seniors X65, +}l Disabled $4,15 $5.40 $0.65 $5.25 $0.15 Active Militar $5.75 $6.60 $0.85 $6.25 $0.35 el Island 4 . f ~,: , ^, „t.,... ,,,,a:~~: ^:~ , ~, ~...... e'iM~tl:~ '~1~~\'IJ:N'~~~. ~i~~~;\+xa .~~ w`^ ~~t.~~`~~~~~,i \ ~ ~~~ ~.'~ `~~ ~~ k,^'` ~rw , ~ •~~• '~]... ~'~, '~ Y~:~i`~~L~~~4~ Adult $14.00 $15.00 $1.00 $14.50 $0.50 Seniors, Disabled & Junior X13 -18 yrs} $11.00 $11,40 $0.40 $11.40 $0.00 Child 5 -12 rs $8.50 $8.50 $0.00 $8.50 $0.00 Under 5 FREE n.a. n.a. FREE n.a. Discount Books: Book Cost Book Cost Balance Proposed Available per Book Cost Book ~2} 10-Ticket $41,50 $54.00 $6.50 $52,50 $1.50 20-Ticket $85.00 $96.00 $11.00 $94.00 $2.00 40-Ticket $160.00 $180.00 $20.00 $176.00 $4,00 ~1 }Includes $0,25 fuel surcharge. ~2} Under existing California Public Utilities Commission Resolution. ~3} Authority to City Manager should fuel cost exceed $4.50 per gallon for four consecutive weeks. City Council Attachment S to Public Hearing Agenda Item #5-B Yu 06.11.08 Table 6 - Cifiy Ferry Services Fiscal Year 20081209 Capital Projects Funding Funding Funding Project Cost RM1.2% MB T!F HB Bar e Dr dock $294,000 $219,000 0 $75,004 Encinal En ine Rebuild $277,000 $144,868 $132,132 Encinal Upgrades: .,....,y...w~ ~~s~,.. ~ a~.,>.k.. {~~~~}t a?nab ...... ~~: ,,,~ ~F :< ;5~,~~ ~~ Y~~ ~ ~ ~. «~, ~y~~ty~t ~C ~ .. x;. ~~~ ~'.~~£ Bench Replacement 000 ~~~'~~,~ M~~=~~ , { ~~ ~ ..i~..~,.~ ~ . ACIHeat ~ ~ ~-0~, ~.~ ~ ~~ ~ q ~ ~ ,~T,~~ ~a Upgrade subtotal $60,000 $0 $60,000 Git Ferr Terminal ADA modifications: ~1 ~ ~ G $ ~ xY~,{~~F~,F ,~~~ f~ '~ \~ .. \\ ~ ~~ ~ ~ ~F d ~ ~~ ~~~~ ~ ~ ~, ~ <~ ~ y'~ ' ~~~~~r HB Bar a Dr dock $35,000 $35,000 Main Street $35,000 $35,000 Main Street terminal Gangway ADA $44,500 $44,500 modification and repairs ~1 } Tota! Ca ital Projects $145,500 $3fi3,868 $30fi,632 $15,400 ~1) X30,000 ADA; Awning repair $2,500; gangway repair $12,000. City Council Attachment 6 to Public Hearing Agenda Item #5-B III D6-11.08 Table 7 -City Ferry Services Fiscal Year 2008/2009 Revenue REVENUEIoperating Total Alameda Harbor A~FS Ba Ferr Farebox 1 2 $3,097,000 $110,000 $2,387,000 MTC RM 1-5% $1,506,046 $450,000 $1,056,046 Measure B: '07108 revenue $863,000 $144,400 $718,600 Reserves $241,004 $41,000 $204,000 Sub#otaIIMB $1,104,000 $185,400 $918,600 Port of Oakland $83,117 $D $83,117 Misc. Revenue $53,712 $0 $63,772 Transportation Improvement Funds: Ferr o erations $265,560 $265,560 $0 HB terminal $11,000 $11,000 $4 Ca itaI1LTMR $195,004 $195,040 $0 SubtotallTlF $466,560 $466,560 LLMD 84-2lterminal $65,000 $65,000 $0 Harbor Bay Business Park $120,000 $120,000 $D Association Harbor Ba Isle Associates $0 $D $0 Concessions $30,000 $30,000 $0 Charter $12,000 $12,000 $0 Total $6,541,495 $2,038,960 $4,508,535 ~1 } A~FS: Approximately 453,000 tic kets @ $5.27 each. AHBF: 140,000 tickets @ $5.00 ea. ~2}Assumes fare increase implementation in July 2008. City Council Attachment T to Public Hearing Agenda Item #5-B III os-~ ?-os CITY~FALAMEDA Memorandum To; Honorable Mayor and Members of the City Council From: Debra Kurita City Manager Date: June 17, 2008 Re; Hold a Public Hearing on the Proposed Implementation of a Fuel Surcharge forthe Alameda HarborBay Ferry, Authorizethe City Managerto Execute a One-YearExtension of the HarborBay Maritime Ferry GperatingAgreement with the Alameda Harbor Bay Ferry and to Execute an Amendment to the Agreement to Extend the Term for Gne Additional Year, Adopt Associated Budgets, Approve Fiscal Year2o07-2008 BudgetAdjustmentand Measure B Allocation, and Approve the Proposed Fuel Surcharge for the Alameda Harbor Bav Ferrv BACKGRGUND In June 2004, the City of Alameda City}and Harbor Bay Maritime HBM}entered into the Sixth Amended and Restated Gperating Agreement Agreement}for the Alameda Harbor Bay Ferry ~AHBF}. The Agreement is a multi-year, modified fixed subsidy contract, in which HBM receives a fixed subsidy, and the use of two City-owned boats while retaining fareboxrevenue. In June 2001, the Cityand HBM amended theAgreementto extend the contract for one year, commencing on Jufy 1, 2D07. The City and HBM propose to amend the Agreement, and extend the contract for an additional year beginning July 1, 2008, as well as provide for one additional optional year beginning July 1, 2009. Extension of the Agreement forthe optional year beginning July 1, 2009, would require future City Council and HBM approval in spring of 2009. DISCUSSION There are no proposed changes to service levels or schedules; however, staff proposes the implementation of an additional fuel surcharge to offset the unprecedented increases in diesel fuel costs. A copy of the Fourth Amendment to the Agreement and the fare increase study are on file in the City Clerk's Office. The principal Amendment terms are: • Agreement Extension: Gne year, beginning July 1, 2008, and ending on June 30, 2009. The Amendment also adds one additional optional year to the multi- year Agreement, thereby providing the City and HBM with the option of extending the operating agreement through June 30, 2010. • Pra Forma Budget: AHBF fiscal year 2008/2009 expenses, excluding charters, are expected tototal $1,816,96D, including operatorcommute-only expenses of City Council Pubic Hearing Agenda Item #5-B IV 06-'17-08 Honorable Mayor and Members of the City Council June 1 1, 2008 Page 2 of 5 $902,000, and City contractual expenses of $914,960 see Table 1 }. Operator expenses include onboard laborcosts of $544,000, which is a 3% increase over calendar year 2001 actual expenses of $521,944. This is the last year for which we have complete data. City contractual expenses include: $570,000 for fuel, $60,000 forvessel maintenance contingency, and $60,000 inlong-term capital reserves see Table 2}. Capital Reserves are the "sink funds" accumulated over several years for major facility or vessel overhauls and refurbishments. In addition, there is a $192,000 operator subsidy, which is a $15,000 decrease from the current year subsidy of $210,000. The decrease is due to a projected increase in farebox revenue, which HBM uses to offset opera#ing expenses. Total public funding and projected farebox revenue are expected to be $1,136,960 see Table 3}. • Fuel: Since July 1, 2006, fuel cost has been apass-through expense paid by the City; HBM is not allowed any mark-up of fuel costs. The City has budgeted $570,000 for fuel see Table 2}. To reduce fuel consumption, HBM schedules quarterly cleaning of the Bay Breeze hull, which results in a reduction of approximately 150 gallons per week. In addition, the captains reduce vessel speed by 100 RPM, whenever possible, resulting in a savings of approximately 15 gallons per day. • Vessel Maintenance Contingency: In June 2001, the City Council established an AHBF vessel maintenance contingency as part of the HBM operating budget. These funds are held by the City and made available to HBM to offset actual vessel maintenance costs incurred in the fiscal year that exceeds the regular maintenance budget. At the end of the fiscal year, any unspent funds are transferred to the Long Term Capital Reserve ~LTCR} fund. For fiscal year 200812009, the contingency is $60,000. • Long Term Capital Reserve ~LTCR}: The LTCR is an account used bythe City to accumulate funds overtime for use on major vessel capital projects such as equipment overhaul, replacement, ordry-docking. The funding for this reserve is proposed to be $60,000 for fiscal year 2009, supplemented by any unspent funds from the Vessel Maintenance contingency allocation in the operating budget. • Subsidy: HBM will receive an operating subsidy of $192,000 in 24 semi- monthly installments of $8,000 each see Table 4}. This is a decrease of $78,025 from the current year and is due to a projected increase in farebox revenue which HBM uses to offset its operating expenses. • Farebox Recovery Ratio FRR}: The FRR is a measure of the percent of operating costs offset by revenue from ticket sales. FRR is calculated by Honorable Mayor and Members of the City Council June 1 1, 2008 Page 3 of 5 dividing revenue from ticket sales by operating costs. The Metropolitan Transportation Commission ~MTC} has set attainment of a FRR of 40%, or better, as a requirement for receiving Regional Measure 1 ~RM1 }operating and capital grants. Under the proposed amendment, HBM will receive atotal fiscal year 2008/2009 subsidy payment of $192,000. in addition, the City's non-capital AHBF costs will be $774,960, which represents the total City expenses of $974,960 less $60,000 inlong-term capital reserve contributions, $65,000 from Landscape & Lighting Assessment District ~LLAD} 84-2 for terminal maintenance, and $75,000 for the barge dry-dock capital project. Net total public funding for AHBF operations will be $966,960. if farebox revenue is $110,000, as projected, the FRR will be 42.34% see Table 5}. The AHBF has exceeded the FRR requirement since FY 2005106, when it was 44.6%. In fiscal year 200612001, AHBF achieved a FRR of 43.16%, while for fiscal year 204712008, the FRR is estimated at approximately 46°/°. • Fuel Surcharge: The proposed budget anticipates that the cost of diesel fuel will continue to increase significantly. Staff proposes to address these increases through reductions in the LTCR accounts and implementation of a fuel surcharge. The recommended fuel surcharge is granted to the City through existing authority from the California Public Utilities Commission ~CPUC} Resolution TL-19092 adopted on November 16, 2001. The maximum allowable fuel surcharge allowed by the resolution is provided in Table 6. Staff proposes that the City Council approve the total fuel surcharge as a maximum ceiling rate for fares, and that the initial fare increase shown on Table 6 be implemented effective July 1, 2008. The initial fare increase would raise the standard adult ticket by $O.15 per ticket to a total price of $6.75. Similarly, the 20-ticket commute book, which is the mast popular commuter ticket choice, would increase by $0.60 per ticket to a total price of $102.00. Staff also requests that the City Council authorize the City Managerto increase fares to the maximum ceiling rate if the cost of diesel fuel exceeds the budgeted $4.15 per gallon for four consecutive weeks. The proposed initial fuel surcharge would raise the average fare from $4.56 to $5.05 and could generate $110,000 in additional revenue, based on 140,500 tickets sold over a 12-month period. o Public outreach: To informthe riders ofthe proposed fare increase and elicit feedback, City staff sent two notices via a-mail to the AHBF rider list, posted a notice on the AHBF web site, prepared a press release, and rode the ferrydu,ring the commute to discussthe proposal with riders. In addition, a public meeting was advertised and held, but no one attended. Overall rider response to the proposed increase was mixed. While some riders opposed the increase, other riders recognized that the fare increase is driven by Honorable Mayor and Members of the City Council June 17, 2008 Page 4 of 5 increased diesel fuel costs, and they understood the need for the fare increase. • Marketing: The City continues to work with HBM on ferry promotions and continues to implement the Marketing Action Plan developed with the assistance of Harbor Bay ferry riders. In July, the City will mail approximately 11,500 post cardsto homes on BayFarm Island and inthe Fernsidedistrict. The postcards offer one complimentary round-trip to first time riders. The same offer will be made to 20,000 San Leandro homes in July and August. Theferryservice also implemented a "Kids Ride Free" program for Friday afternoons to attract new riders. In addition, both the ferry services will join in the Spare the Air Free Transit promotion on June 19, 2008. Since 2008, the Harbor Bay ferry has experienced an increase of approximately 10,000 one-way trips. Harbor Bay Ferry Terminal -The Harbor Bay Ferry Terminal is owned by the City. It is managed and maintained by contract with the Harbor Bay Business Park Association ~HBBP}. The budget for fiscal year 200812009 is $76,000 and includes $65,000 for maintenance, $6,000 for insurance, and $5,000 set aside for long-term capital reserves. Property owners in the HBBP contribute $65,000 through the LLAD 84-2, Zone 5. The remaining $11,000 is from the Transportation Improvement Fund ~TiF}. AHBF Capital ProjectslFiscal Year 200812009 - In addition to AHBF operations, there are two capital improvement projects that will be completed during the 2008/2009 year. These projects include the Harbor Bay Terminal Barge Dry-Dock at $294,000 and the Harbor Bay Terminal Americans with DisabilityAct DADA} Upgrades at $35,000. These projectswill be funded through Regional Measure 1-2°/°, TIF, and Measure B. Table 7 details fiscal year 2005-2009 capital projects for both ferry services. AHBF Fiscal Year 20011008 Budget Adjustment -During the current year, the AHBF had $129,500 in unanticipated expenses, including $39,000 in Bay Breeze and Express 11 repairs and $90,000 in unanticipated extraordinary diesel fuel costs see Table 8}. Staff recommends that the City Council authorize $129,500 in Measure B Transbay ferry reserves to fund this shortfall. BUDGET CONSIDERATIaNIFINANCIAL IMPACT The project is budgeted underthe Capital Improvement Program Project No. 621.10},with public funds available for operations forfiscal year 200812009 of $966,960. The farebox revenue estimate of $110,000 assumes implementation of the fue! surcharge consistent with Table 6, and 140,500 tickets sold at an average cost of $5.05 each. The AHBF Pro Forma Budget is provided as Table 1. Total fiscal year 2008/2009 revenue for both the AGFS and the AHBF is provided in Table 9. There is no impact to the General Fund associated with AHBF operations. Honorable Mayor and June 17, 2008 Members of the City Council Page 5 of 5 The project is supplemented by the TIF, which is comprised of 50°/0 of the tax increment realized on the propertywithin the HBBP and the construction improvement tax collected as part of the building permit process. The TIF was established to finance mitigation measures designed to alleviate various transportation impacts due to the construction within the HBBP. The proposed fund budget for the TIF, the 350 fund, may be found on Table 10, and includes the requested allocations as mentioned in this report. MUNICIPAL CODEIPOLICY DOCUMENT CROSS REFERENCE The City's Ferry Service is consistent with the General Plan Transportation Element Guiding Policy 4.3.f. and the Transportation and Land Use Initiative of the Local Action Plan for Climate Protection. RECOMMENDATION Hold a public hearing on the proposed implementation of a fuel surcharge fortheAHBF, authorize the City Managerto execute aone-year extension of the HBM Ferry Operating Agreementwith theAHBF and to execute an amendmenttothe agreementto extend the term for one additional year, adop# associated budgets, approve fiscal year 2007-2008 budget adjustment and Measure B allocation, and approve the proposed fuel surcharge for the AHBF. Respec II submitted, Matthew T. Naclerio Public Works Director By: ~~ Ernest Sanch z Ferry Manager ~ ~-- MTN:ES:gc Attachments: 1, Table 1 -AHBF Operating Expenses 2. Table 2 -City Contractual Expenses 3. Table 3 -AHBF Revenues Fiscal Year 2408/2009 ~Pubfic and Private} 4. Table 4 -AHBF Operator Subsidy 5. Table 5 - AHBF Farebox Recovery Ratio ~FRR} 6. Table 6 -AHBF Proposed Fuel Surcharge Ceiling Rate & Initial Fare 7. Table l -City Ferry Services Fiscal Year 2008/2009 Capital Projects 8. Table 8 -AHBF Fiscal Year 200712048 Budget Adjustment 9. Table 9 -City Ferry Services Fiscal Year 200812009 Revenue 10. Table 10 -Transportation Improvement Fund X350} cc: Watchdog Committee (Ferry) Table 1- AHBF Operating Expenses ITEM FY 200812009 FY 200112008 2001 BUDGET BUDGET ACTUAL I. Commute Service Vessel Expenses Fuel n.a. n.a. n.a. Labor: vUa es, PIR taxes, Health, Pension $544,000 $494,000 $527,944 Insurance Vessels $104,000 $~ 34,000 $112,548 Vessel Main#enance $120,000 $96,000 $191,853 Total Vessel Expenses $164,004 $124,000 $838,345 Non Vessel Expenses SF Pier 4S rent $12,000 $12,000 $11,340 Utilities, auto, le al, a roll rocessin $54,000 $58,900 $50,935 Admin Salaries $50,000 $45,000 $51,929 Ticket rintin ,web site, directo advertisin $12,OOO $12,000 $12,293 Total Non Vessel Expenses $125,000 $130,900 $126,497 Operator Fees: overhead IAccountin $0 $15,000 $15,000 Operator Contin enc $10,000 $9,275 n.a Total Commute Service Cost $902,000 $819,115 $919,842 II. Charterl Concessions Vessel Expenses Fuel $1,700 $1,700 $1,140 Labor $2,000 $2,000 $2,105 Insurance $o $0 $0 Vessel Maintenance: $1,400 $1,400 $1,486 Total Vessel Expenses $5,100 $5,100 $4,731 Non Vessel Expenses Dockin fees Sacramento, SF} $1,000 $1,000 $125 Utilities, auto, le af, a roll rocessin $1,200 $1,200 $1,200 Admin Salaries $0 $0 $0 Marketin $1,000 $1,000 $0 Misc. concessions, catering, ground $30,100 transportation} $30,700 $44,359 Tota! Non Vessel Expenses $33,900 $33,900 $45,684 operator Fees: Overhead IAccountin $120,000 $105,000 $105,000 Operator contin encylprofit $6,000 $6,000 $212 Total CharterlConcessionsGost $162,400 $150,000 $155,621 III. City Contractual Expenses Table 2~ $914,960 $550,028 $681,093 Total Operator commute + charter + City} $2,038,960 $1,819,203 $1,816,562 Total Operator commute + City $1,876,960 $1,129,203 $1,660,935 ~~ } Since 2Q07, City has paid fuel on apass-through basis. ~2} Assumes a 3% increase City Council Attachment 1 to Public Hearing Agenda stern #5-B IV os-~~-os Table 2--City Contractual Expenses ITEM FY 2005!2009 BUDGET FY 2007!2008 BUDGET 2047 ACTUAL Operations: S. F Fer Buildin Dockin fee $25,000 $30,000 $21,525 Harbor Ba fer terminal insurance} $6,000 $10,100 $10,000 Fuel ~120,OOD als $4.75 ea.} $570,OOD $336,000 $370,463 HB Fer Terminal $65,000 $78,253 $67,772 MUNI $23,912 $21,600 $22,210 Marketin excl charter $15,000 $20,000 $11,312 Cit Admin ~2} $70,148 $29,575 $27,959 Facilit Securit Officer $0 $0 $0 Office supplieslmisc. adminlutilities $2,800 $2,000 $2,704 Back U boat $0 $0 $0 Audit Maze $2,100 $2,000 $2,077 Misc. $0 $0 $0 Lon Term Capital Reserve Accounts: Vessels: Ex ress I t $27, 500 $10, 000 $96,247 Ba Breeze $27,500 $25,000 HB Terminal $5,000 $30,500 Subtotal reserves $60,000 $65,500 $96,247 Contin ency: Vessel Maintenance $60,000 $4D,400 $48,824 Fuel Contin enc $0 $40,000 NIA Subtotal Contin enc $60,000 $80,000 $48,824 Capital Pro'ects ~3} $75,000 $175,000 $0 Total $974,960 $850,028 $681,093 ~1 } For FY 20081D9, assumes 120,000 gals at $4.75 per gallon. ~2~ In February 2008, City Council approved amid-year budget adjustment that included full cost recovery of City administrative expenses. Therefore actual current year administrative cost will be $70,148 and not the $29,575 budgeted in June 2007. The $70,148 is 114 of a $280,5901yr staff position. The remaining 3/4 is an expense item in the AlamedalOakland Ferry Service budget, ~3} $75,000 from TIF for barge dry-dock project. City Council Attachment 2 to Public Hearing Agenda Item #5-B IV os-~ ~-oa Table 3 - AHBF Revenues Fiscal Year 2008/2009 (Public and Private) Ad'us#ments Less Charter Source Amount ~ Net Public Total Public ' Public Funding for Concessions Fundin g Fun ding ~3~ 0 erations 4 p ~~ MTC R M 1-5% $450, 000 $450, 000 $450, 000 $450,000 Measure B 1 $185,400 $185,400 $185,400 $185,400 Transportation Im rovement Fund: Operations $260,560 $260,560 $260,560 $260,560 HB terminal $11,000 $11,000 $11,000 $11,000 Capital and $60,000 Maintenance projects~5} $195,D00 $195,000 $120,000 Harbor Bay Business Park Association $120,000 $120,000 Concessions $30,OOD $30,000 LLAD 84-2 $65,000 $65,000 Charter $12,000 $12,000 Subtotal $1,328,960 $162,000 $1,166,960 $1,D26,960 $966,960 Farebox $710,000 $710,000 $?'1 D,000 $710,000 Total $2,038,960 $1,816,960 $1,136,960 $1,616,96D ~1 } $144,400 in FY 2008109 revenue and $41,000 in MB reserves. ~2} Ferry terminal maintenance. ~3} Excludes $65,000 for terminal maintenance and $ 75,000 from TIF for barge-dry-dock project. ~4} Excluded $60,000 for long term vessel Capital res erve. ~5} The $195,000 consists of: $15,000 for barge dry- dock, $60,000 for LTVMR, and $60,000 for maintenance contingency. City Council Attachment 3 to Public Hearing Agenda Item #5-B Iv os-~ T-os Table 4 ~- AHBF Operator Subsidy ITEM FY 200812009 FY 2001/2008 FY 200612001 ~ erator ex enses 1 ; Bud eted $902,000 $879,175 $894,825 Actuall projected NIA $965,000 $935,631 Farebox revenue 1 Bud eted $710,000 $609,150 $584,200 Actuall ro'ected NIA $640,000 $624,913 Public subsidyl earl $192,000 $270,025 $310,625 Monthl subsid pa ment $8,000.00 $22,502 $25,885 t~ j commute Service ~n~y City Council Attachment 4 to Public Hearing Agenda Item #5-B IV D6-'! 7-a8 Table 5 - AHBF Farebox Recovery Ratio (FRR) ITEM AMGUNT LESS CAPITAL ALLGCATI4NS and Local Subsidy ~~~ NET GPERATING CGST operator costs subsidized by public revenue $192,000 $192,000 Cit Expenses $974,960 $200,000 $174,960 Tofal $1,166,960 $966,960 Farebox revenue $710,000 $710,000 Total operating cost subsidized by farebox and public funds. $1,816,960 $1,676,960 FRR 42.34% ~1 } The X200,000 consists of $60,000 in Long Term Capital Reserves, $15,000 for barge dry- dock, and $65,000 for terminal maintenance from LLAD H4-2, ~2} FRR=fareboxloperations City Council A##achment 5 to Pubiic Heering Agenda Item #5-B IV 06.17-08 Attachment --Table 6 --Proposed Fue! Surcharge Ceiling Rate & Initial Fare Fares TYPE Current Maximum Fuel Proposed One- Remaining One-Way Allowable Surcharge Way Fares Balance ~3} Fares ~1 } Fuel Surcharge ~2} Balance Effective "Potential "Ceiling Rate" Available ~2~ 1.1-08 Additional Fare "Initial Fare" Increase" Adult $6.00 $6.9D $0.90 $6.15 $0.15 Junior 5-12 $3.00 $3.30 $0.30 $3.25 $0.05 Child under 5 FREE FREE FREE FREE n.a. Seniors X65, +}l $3.50 $3.90 Disabled $0.40 $3.90 $0.00 Active Militar $4.7'5 $5.40 $0.65 $5.25 $0.15 Discount Books• . Book Cost Book Cost Balance Book Cost ~ ,.;~~`° ~ ~ ~~,,~~~ ~~~ "~~~~'~''''`' ~~~ ,.,~u. ~~ ~ ~ ~~~, Available per Book . -~° ~~~~ ; :,~:: ~rr ~ ~` ~ 10-Ticket $50.00 $57.60 $7.60 $51.00 $0.60 20-Ticket $90.00 $102.40 $12.DD $102.00 $D.00 Monthly Pass $165.00 $186.00 $21.D0 $185.oD $1.00 ~1 } Includes ~D.25 ~2} Under fuel surcharge. California Public Utilities Commission Resolution. (3) Authority to City Manager should fuel costs exceed $4.75 per gallon for four consecutive weeks. City Council Attachment 6 to Public Hearing Agenda Item ~5-~ IV D6.1 T-08 Table l--City Ferry Services Fiscal Year 2008/2009 Capital Projects Funding Funding Funding Project Cost RM 1-2% M B TIF HB Bar a Dr dock $294,000 $219,000 0 $15,000 Encinal En ine Rebuild $217,000 $144,868 $132,132 Encin al Upgrades: W k 3 1+~~,1}y~l~ '.i.4r..~.,r }~•m{~q% ,~~ ~ ;~:~ ~ }k ~~,~~ ~~ $~k~ ~ 4, ~: }~~' ~,.~A`n `..k..~.\ ,, A.. ....... >'.~i,{'~i ~ ,~ ,,~~ ; ~ tk ~ ~:~\7~, `ik ~k;,k~? 6~ `L:ti` ~.. ~:~` ~~ -,R, ~~ T}$: ~:~X~~;,. ",>~..: .k `.^~k . W'~cr):\: Bench Repl acement G~ 000 ..~ ~,,~w ~ $~ ~~kza ~..,, h ~ ,;.::, „ ACIHeat ~~T~}~; `,~ ~ ~ ~~ ~~ ,~ ti ` }~~ }rF~~ Upgrade subtotal $60,000 $0 $60,000 Cit Ferr T erminal ADA modifications: i\i; i~ ~~'YSv'''''~~':`~~.Yi'.c+,'~~~`~ ~ 8~i 4.r;"; _ " t ~, ~~ ~:. ,::~~: ~~ ~y~~ `?iF~iZti ~~S. \~~ sir,,'.:. ~. ~~w.~,,<,~: ~ ; ~ ~ ;,~, ~ ; ..~..... '_4';q:T,y~`::~' y ~ k" ~:~.,~~ , ,L.,~ } _; IF:21. k.;k.:,~\ .~, ~., H B $35, 000 $35,000 Main Street $35,000 $35,000 Main Street Terminal Gangway ADA slope modification and repairs ~1} $44,500 $44,500 Total Ca ital Projects $745,500 $363,868 $306,632 $75,000 ~1 } $30,040 ADA; Awning repair $2,500; gangway repair $12,000. City Council Attachment 7 to Public Hearing Agenda Item #5-B IV vs-~T-os Table 8 AHBF FY 2001108 Budaet Adjustment Ex ense item aerations Ca ital Total Fue! $90,000 `~~~'~ ~~f,~, , Ba Breeze Water Jet Re air $~2 000 ~~~~~ ~ ~n~ Ex ress II G r ea box Re air $27 500 ~,~~,, ~~_ ~~;~~;~; ~~' ~~~ ~ ~~~~'~~ 'jV l~~nl'~'~ Total $90, 000 $39, 500 $129, 500 City Council A#tachment 8 to Public Hearing Agenda item #5•B IV 06-17.08 Table 9 ~-City Ferry Services Fiscal Year 2008/2009 Revenue REVENUEloperating Total Alameda Harbor Ba Ferr AQFS Farebvx 1 2 $3,097,000 $710,004 $2,381,000 MTC RM1-5°/° $1,506,046 $450,000 $1,056,046 Measure B: '07108 revenue $863,000 $144,400 $118,600 Reserves $241,000 $41,000 $200,000 Subto#allMB $1,144,000 $185,400 $918,600 Port of Oakland $83,117 $D $83,117 Misc. Revenue $63,172 $0 $63,772 Trans ortation Im rovement Funds: Ferr o erations $265,560 $265,560 $0 HB terminal $11,000 $11,000 $0 Ca ital ro'ects $195,000 $195,000 $0 LLAD 84-2lterminaf $65,000 $65,000 $0 Harbor Bay Business Park Association $120,004 $120,000 $0 Harbor Ba Isie Associates $0 $0 $0 Concessions $30,040 $34,000 $0 Charter $12,000 $12,000 $0 Total $6,541,495 $2,038,960 $4,508,535 (~) H~rS: Hpproximate~y 45~,u~u tickets at ~5.Z7 each. AHBF: Assumes 140,500 tickets at X5.45 each. ~2}Assumes AOFS and AHBF fuel surcharge implementation in July 2008. City Council Attachment 9 to Public Hearing Agenda item #5-B IV os-~ ~-os Table 10 -Transportation Improvement Fund (350) Revenue Fiscal Year 244812049 Be innin Balance 821,861 Propert Tax Increment 425,000 1 mprovement Tax 151,500 nvestment I ncome 50,000 Total Revenue 632,500 Expenses Maitland Drive Bike Path Reserve 110,000 East End Fer Subsid 255,550 HB Fer Terminal 11,000 HB Ferry Vessel LT Maintenance Reserve & capital projects 195,000 HB Ferry Facility Maintenance Reserve 40,000 Reserve for Projects Identified in Settlement A reement 480,000 Admin and En ineerin 1,000 Port payments for ARP overruns preserve 100,000 Total Expenditures 1,191,560 Projected Ending Balance 256,841 City Council Attachment 'f0 to Public Nearing Agenda I#em #5-B IV ~6-'l 1.08 CURRENT APPLICATIONS CNIL SERVICE BARD ONE VACANCY (FULL TERM EXPIRING JUNE 30, 2012) Michael Rich, Incumbent Re: Agenda Item #8-A 06.11.08 CURRENT APPLICATIONS FILM COMMISSION FOUR VACANCIES (FULL TERMS EXPIRING JUNE 30, 2012) Marie Alison Isadora Alman Kenneth I. Dorrance, Incumbent Patricia Grey, Incumbent Bruce D. Hood Jeffrey E. Mitchell Rick J. Powell Roberto A. Rocha Teddy B. Tabor, Incumbent Mel R. Waldorf CURRENT APPLICATIONS HGUSING CGMMISSIDN TWO VACANCIES (FULL TERMS EXPIRING JUNE 30, 2012) Azesha P. Balde, Incumbent Cheryl A. Cotton Arthur A. Kurrasch, Incumbent Michael J. Meyer CURRENT APPLICATIONS LIBRARY BOARD ONE VACANCY (FULL TERM EXPIRING JUNE 30, 2012) Rebecca A. Kozak Dian McPherson Aaron P. Roudabush Gail A. Wetzork CURRENT APPLICATIONS PLANNING BOARD ONE VACANCY (FULL TERM EXPIRING JUNE 30, 2012) Horst W. Breuer Brian S. Buckingham David J. Burton Cecilia Campbell-Notar Gregg D, deHaan June A. Grant Michael K. Henneberry Erik Ibsen TV John W .Knox White Patrick Lynch, Incumbent Jeffrey E. Mitchell Robert C. Platt Ronald A. Silva Roderick L. Smith I~ Jane Uhler Charles P. Wallis Noel Wise Albert L. Verm CURRENT APPLICATIONS PUBLIC ART COMMISSION TWO VACANCIES (FULL TERM EXPIRING 9/30/11 & PARTIAL TERM EXPIRING 9/30/09) Jeff Cambra Elizabeth A. Candela~io Pat Colburn Monetha G. Hatcher Eric Tbsen IV Dian McPherson CURRENT APPLICATIQNS PUBLIC UTILITIES BQARD ONE VACANCY (FULL TERM EXPIRING JUNE 30, 2012) William M. Boas Len Grzanka Richard J. Heaps Peter'~V. Holmes, Incumbent Peter E. McNamara dames E. Meyer Jeffrey E. Mitchell Ronald A. Silva Iain S, ~Llalker CURRENT APPLICATIONS SOCIAL SERVICE HUMAN RELATIONS BOARD TWO VACANCIES (FULL TERMS EXPIRING JUNE 30, 2012) Reginald L. James, Incumbent Jim A. Price CURRENT APPLICATIONS TRANSPORTATION COMMISSION TWO VACANCIES (BUSINESS DISTRICT AND SCHOOL DISTRICT SEATS FULL TERMS EXPIRING JUNE 30, 2012) Paul F. Mahler Jeffrey E. Mitchell Kathy L. Moehring (Business District) UNAPPROVED MINUTES OF THE SPECIAL JOINT CITY COUNCIL, ALAMEDA PUBLIC FINANCING AUTHORITY ~APFA} AND COMMUNITY IMPROVEMENT COMMISSION CIC} MEETING TUESDAY - - - JUNE 3, 2008 - - -- 7:25 P.M. Mayor/Chair Johnson convened the Special Joint Meeting at 7:47 p.m. Vice Mayor/Authority Member/Commissioner Tam led the Pledge of Allegiance. ROLL CALL - Present: Cauncilmembers/Authority Members/Commissioners deHaan, Gilmare, Matarrese, Tam, and Mayor/Chair Johnson - 5. Absent: None. CONSENT CALENDAR Mayor/Chair Johnson announced that recommendation to authorize the Executive Director to enter into Contracts [paragraph no. 08- ] was pulled from the Consent Calendar for discussion. Vice Mayor/Authority Member/Commissioner Tam moved approval of the remainder of the Consent Calendar. Councilmember/Authority Member/Commissisoner Gilmore 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 and CIC Meeting, and the Special Joint City Council, Alameda Reuse and Redevelopment Authority and CIC Meeting held on May 20, 2008. Approved. X08-- CIC} Recommendation to authorize the Executive Director to enter into Contracts with the Park Street Business Association, and the West Alameda Business Association for Fiscal Year 2008-2009. The Development Services Director gave a brief presentation. Chair Johnson stated that the Greater Alameda Business Association ~GABA} Contract is a small amount; Park Street Business Association ~PSBA} and West Alameda Business Association ~WABA} members pay fees; understanding how GABA works is important. Special Joint Meeting 1 Alameda City Council,Alameda Public Financing Authority, and Community Improvement Commission Meeting June 3, 2008 The Development Services Director stated GABA daes general advertising and hosts different activities; a part-time person keeps the membership informed, maintains a database, and handles activities. Chair Johnson inquired whether GABA has membership dues. The Development Services Director responded that GABA does not have a Business Improvement Area ~BIA}; stated that she does not know about dues; members sponsor different projects. Chair Johnson stated it is important to know how much GABA contributes to expenses. Commissioner Matarrese stated the City's investment in the Associations yields a return to the City in sales and business tax; the staff report notes that there is no impact on the General Fund and the Contract amounts are budgeted from tax increment funds; inquired whether funds come from the CIC budget, to which the Development Services Director responded in the affirmative. Commissioner Matarrese inquired what is the impact on the CIC budget; further inquired whether GABA businesses qualify since they are not in the redevelopment area. The Development Services Director responded GABA qualifies; stated funds are part of the 100 of the CIC budget that pays for general activities, staff, and basic overhead costs; there are very few miscellaneous activities that are being funded this year. Commissioner Matarrese inquired whether the matter should be discussed tonight since the budget has not been adopted. The Development Services Director responded staff is requesting authorization to do the Contracts; stated the Contracts would not be executed until the budget is adopted. Commissioner Tam concurred with Commissioner Matarrese; stated the budget sessions have been very painful; a 3o increase is not very much, but some employee contracts are not going to be increased next year; the proposed PSBR budget amount is $111,446; PSBR is proposing to levy assessments totaling $88,000; inquired whether PSBA's entire budget would be the combination of $111,446 and $8s, o00 . The Development Services Director responded in the negative; stated Special Joint Meeting 2 Alameda City Council,Alameda Public Financing Authority, and Community Ymprovement Commission Meeting June 3, 2008 the budget includes fundraising also. Mr. Ratto stated PSBR will raise approximately $135,000 in special events this year. Commissioner Tam stated PSBA's BIA annual assessment is $88,000 and the proposed City grant of $111,446, which is 200 over the annual assessment; stated WABA's proposed grant is $101,146 and the BIA is approximately $32,000, which is almost 3000 above; requested an explanation of the difference between the two ratios. The Development Services Director stated support is meant to take place of economic development activities; the business districts are disproportionate in size; staff is trying to build capacity and help the Associations keep enough staff and help with other contractural activities. Chair Johnson stated serious conversations need to take place with the business districts; WABA failed to increase assessments; the public contributed millions of dollars; the business districts need to help themselves and be part of the solution. The Development Services Director stated a classic challenge is trying to bridge the gap between property owners and business owners. Commissioner deHaan stated the Alameda Landing Disposition and Development Agreement ~DDA~ requires that businesses be Association members; GABA is a worthy cause and needs to put a budget together to justify the $12, 000 [in grant funds) . The Development Services Director stated information provided by GABA shows the funds support the part-time staff activity. Commissioner deHaan stated that he would like to defer the staff recommendation until the CIC budget is adopted. Chair Johnson inquired whether deferring the item would have an impact on PSBR and WABA. The Development Services Director responded typically installment payments are made in July. Commisssioner deHaan moved approval of continuing the item until adoption of the budget. Commissioner deHaan stated that he would like to have more defined Special Joint Meeting 3 Alameda City Council,Alameda Public Financing Authority, and Community Improvement Commission Meeting June 3, 2008 information about GABA come back. Chair Johnson stated that she would like to know how much the members contribute to support the Association. Commissioner Matarrese stated that GABA is a worthy Association; inquired whether Contracts could be executed in time to meet the requirements if the budget is adopted by the end of the month. The Development Services Director responded in the affirmative; stated Contracts have been prepared; stated authority needs to be given to execute the Contracts. Commissioner Tam seconded the motion, which carried by unanimous voice vote - 5. AGENDA ITEM (08- CC} Resolution No. 14213, "Approving and Authorizing Execution of a Second Amendment of the Disposition and Development Agreement (Alameda Landing Mixed Use Project} with Palmtree Acquisition Corporation." Adopted; and (~8- CIC} Resolution No. OS-156, "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." Adopted. The Base Reuse and Community Development Manager gave a Power Point presentation. Aldan Barry, Catellus Development Group, stated Catellus has entered into an agreement with the Navy and the Department of Toxic Substances Control (DISC} which allows for the removal of covenants and restrictions that precluded the opportunity to do the mixed - use development; Catellus worked with the City to redesign the waterfront; the Stargell Avenue acquisition involves multiple parties; currently, negotiations are taking place with Target; discussions are continuing with Clif Bar. Councilmember/Commissioner Matarrese inquired where the hospital demolition is referenced in the report. The Base Reuse and Community Development Manager responded Page 12 of the Second Amendment, Section D. Councilmember/Commissioner Gilmore inquired when Catellus would Special Joint Meeting 4 Alameda City Council,Alameda Public Financing Authority, and Community Improvement Commission Meeting June 3, 2008 acquire the UP right-of-way; further inquired where Catellus is in terms of deciding whether or not to proceed. Mr. Barry responded Catellus negotiated a term sheet Wlth UP; stated Catellus is in negotiations on a draft purchase and sale agreement; he hopes to conclude negotiations this month; a formal due deligence effort needs to be done and should be concluded within sixty days; Catellus is running a parallel path of negotiations with the retailers. Vice Mayor/Commissioner Tam acknowledged the help of former Mayor Bill Withrow and General Counsel of the Peralta Community College District provided in negotiating the four-way agreement; stated that significant expenditures were made, such as the removal of the Faithful; funds were expended to fix some major water leaks; the City helped redesign the waterfront when it was determined that it was not financially feasible to seismically retrofit the area because of pier decay; stated State Transportation Improvement Program ~STIP} funds must be requested by February 2009 in order to go before the California Transportation Commission ~CTC}; inquired what is the level of competition and availability for said funding. The Base Reuse and Community assurances have been given that impacted by the State budget. Development Manager responded STIP allocations would not be The City Engineer stated a lot of the projects are large; prioritization is based upon how many people are impacted by the project, how much safety will be enhanced, and where the projects are in the planning process. Mayor/Chair Johnson stated the question is whether the money is in jeopardy; money will be in serious jeopardy if the City does not move forward with the project. The Base Reuse and Community Development Manager stated larger projects will start to come on line as the Fiscal Year progresses; opportunities are maximized by getting in before the other projects. Councilmember/Commissioner Gilmore inquired whether the City would get the money if an application is submitted, to which the Base Reuse and Community Development Manager responded in the affirmative; the City could be in jeopardy if it waits until February 2009. Councilmember/Commissioner deHaan stated that he is concerned with Special Joint Meeting 5 Alameda City Council,Alameda Public Financing Authority, and Community Improvement Commission Meeting June 3, 2008 the timeframe; inquired whether the Clif Bar parcel is pushed into Phase 2 now. The Base Reuse and Community Development Manager responded all of the office property would be in Phase 3; stated an early office parcel could be the first or second parcel developed. Councilmember/Commissioner deHaan inquired whether there is any likelihood of keeping the original deadlines, especially retail. The Base Reuse and Community Development Manager responded Palmtree Acquisition Corporation PAC} requested that certain timeframes be extended for the performance milestones due to early expenditure of funds. Councilmember/Commissioner deHaan inquired how close the retail project would be to the original timeframes. The Base Reuse and Community Development Manager responded PAC's immediate timeframe is a year and a half from now; stated PAC would need to commence with an alternative Phase 1; PAC has another five and a half years to commence on the retail. Councilmember/Cammissioner deHaan inquired what would happen if the Stargell Avenue Extension Project is not constructed. The Base Reuse and Community Development Manager responded PAC would not have any time extensions; stated everything would go back to the original DDA timeframe. Councilmember/Commissioner Matarrese stated the most important aspect is obtaining the right-of-way; the stars have lined up and will not line up again; funds would be allocated to the project and would go towrds covering upfront reimbursements for acquiring the right-of-way if the developer pulls out or the City terminates the Agreement. Councilmember/Commissioner Matarrese moved adoption of the resolutions. Councilmember/Commissioner deHaan seconded the motion with the caveat that the project have a rigid timeframe. Councilmember/Commissioner Gilmore requested more detail on the Operating Memorandum. The Base Reuse and Community Development Manager stated the Speczai Joint Meeting Alameda City Cauncil,Alameda Public Financing Authority, and Community Improvement Commission Meeting June 3, 2008 existing DDA has a section that provides for an ability to do Operating Memorandum if there are technical details that the parties want to work out; the Operating Memorandum will look at property management issues and will deal with a scenario that may present itself in the future; the Operating Memorandum would deal with issues such as fewer lease revenues coming in than property management expenses and how to handle said situation. Councilmember/Commissioner Matarrese inquired whether the Operating Memorandum would come back, to which the Base Reuse and Community Development Manager responded in the affirmative. Vice Mayor/Commissioner Tam stated Section D on Page 12 notes that the developer would reimburse the CIC for the cost incurred if the City issues a demolition permit within sixty days; inquired how soon the hospital demolition can start. The Base Reuse and Community Development Manager responded the demolition would have to be authorized through the budget process; stated the demolition work could commence fairly quickly if funds are authorized; Catellus has already prepared the demolition plans. Vice Mayor/Commissioner Tam inquired what is the cost estimate for demolishing the hospital, to which the Base Reuse and Community Development Manager responded several million dollars. Mayor/Chair Johnson stated the Stargell Avenue Extension Project has gone on for years; she appreciates the cooperation of the Peralta Board; inquired whether the Board approved the project. The Base Reuse and Community Development Manager responded the Board will take action on June 10. 0n the call for the question, the motion carried by unanimous voice vote ~ 5. ~O$- CC} 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 Authorizing and Directing Certain Actions with Respect Thereto. Continued; and ~0$- APFA} Adoption of Resolution Approving, Authorizing and Directing Preparation and Execution of Certain Lease Financing Documents and Authorizing and Directing Certain Actions with Respect Thereto. Continued. Special Joint Meeting 7 Alameda City Council,A~ameda Public Financing Authority, and Community Improvement Commission Meeting June 3, 2~~8 The Finance Director gave a brief presentation, Mayor/Chair Johnson inquired what would be the cost of refinancing, The Finance Director responded the cost of the additional debt service over the new life of the issue is $594,658.75. Mayor/Chair Johnson inquired what would be the cost of issuance, to which the Finance Director responded $150,000. Mayor/Chair Johnson inquired whether the total cost would be $150,000 plus $594,000. The Finance Director responded the $150,000 is included in the $594,000. Councilmember/Authority Member Matarrese inquired whether $150,000 would be spent to save $203,000, extend the debt a couple years, and pay approximately $600,000 in interest. The Finance Director responded $600,000 would be spent over fifteen years in order to get the first year savings of approximately $600,000. Councilmember/Authority Member Matarrese stated that he has a hard time borrowing money and encumbering two extra years on someone in the future. Mayor/Chair Johnson stated the proposed refinancing would cost the City money. The Finance Director stated cash would be saved now and would be paid over the next fifteen years. Mayor/Chair Johnson inquired whether refinancing would cost $594,000. The Finance Director responded in the affirmative; stated approximately $600,000 would be saved in interest. Mayor/Chair Johnson stated that she would not call it a savings because the amount is deferred. Councilmember/Authority Member Gilmore stated that she totaled a $5.1 million debt; $6 million would be issued; inquired whether there is some minimum limit, Special Joint Meeting Alameda City Council,Alameda Public Financing Authority, and Community Improvement Commission Meeting June 3, 2008 The Finance Director responded $6 million is the approximate amount; stated $5,490,000 would be issued; interest rates change; the numbers are based on estimated interest rates; the interest rates are favorable now. Councilmember/Authority Member Gilmore stated the matter is a cash flow issue; approximately $60D,000 would not be spent in the first year; $600,000 would be spent over fifteen years. Councilmember/Authority Member deHaan inquired whether the loans were refinanced already. The Finance Director responded only the Police Building was refinanced in 1996. Councilmember/Authority Member deHaan inquired why the Police Building was refinanced. The Finance Director responded because interest rates dropped significantly. Councilmember/Authority Member deHaan stated the City gets into trouble by deferring and refinancing. Mayor/Chair Johnson inquired when the Police Building was constructed, to which the Finance Director responded 1990. Mayor/Chair Johnson inquired what was the original planned bond issue. The Finance Director responded the $2.8 million bond was issued in 1990 with interest rates of 5.8~ to 7.250. Mayor/Chair Johnson inquired when the bond would have been paid if not refinanced, to which the Finance Director responded she would guess 2010. Councilrnember/Authority Member Matarrese stated that he is not in favor; savings are not being made on the interest rates and future Councils will be burdened; debt will be deferred if not paid naw. The Finance Director stated budget increases would be needed otherwise. Mayor/Chair Johnson inquired whether the Library Fund is paid out of the General Fund. Special Joint Meeting 9 Alameda City Council,Alameda Public financing Authority, and Community Improvement Commission Meeting June 3, 2DD8 The Finance Director responded approximately 50-550 of Library expenditures are supported by the General Fund, stated the Police Building Bond would have been paid off in 2015, if not refinanced. Councilmember/Authority Member Gilmore stated the first year savings is approximately $600,000; inquired how much cash would not be spent the second year, to which the Finance Director responded $367,000. Councilmember/Authority Member Gilmore inquired how many more years the repayment would be pushed out, to which the Finance Director responded two years. Mayor/Chair Johnson inquired what are the fees. The Finance Director responded $150,000 for issuance; stated the underwriter's discount is $41,175. Mayor/Chair Johnson inquired whether the $41,175 is in addition to the $150,000, to which the Finance Director responded in the affirmative . Vice Mayor/Authority Member Tam stated fees would be rolled back into debt service. Mayor/Chair Johnson stated money would be borrowed to restructure borrowed money. Councilrnember/Authority Member deHaan inquired what was the interest on the 1996 Police Building, to which the Finance Director responded 4o to 6~. Councilmember/Authority Member deHaan inquired what was the interest on the Golf Course, to which the Finance Director responded 3.9 a to 5.7 5 a . Councilmember/Authority Member deHaan inquired what the new interest rate would be, to which the Finance Director responded the all in true interest costs is approximately 50. Councilmember/Authority Member deHaan inquired whether the interest rate is fixed. The Finance Director responded the interest rate varies over time; stated everything is taken into account with an all in true interest cost. Special Joint Meeting 1 0 Alameda City Council,Alameda Public Financing Authority, and Community Improvement Commission Meeting June 3, 2008 Mayor/Chair Johnson stated money would need to be found elsewhere if refinancing is not done; she does not view refinancing as a way to balance the budget. Councilmember/Authority Member deHaan stated refinancing wauld be a one-time fix and a deferral. The Finance Director stated the proposed refinancing was a potential solution for not having sufficient budget capacity to meet all needs. Councilmember/Authoritiy Member Gilmore inquired whether timing would be impacted if Council and the Commission decide to made a decision to go forward at the end of June. The Finance Director responded missing the August 1 call date for the Police Building might cost more money, but could be done. Councillmember/Authority Member Matarrese inquired how much is owed on the police bonds. The Finance Director responded $1.5 million; stated Library and Golf is 3.5 ~; 63 o is for Library and 34 o is for Golf . Mayor/Chair Johnson stated $1 million needs to be spent on renovating the driving range; the City is still paying off the construction debt. Councilmember/Authority Member Matarrese stated staff should look at paying early because there is no tax deduction for paying interest. The Finance Director stated the scenario could be reviewed; the net present value of the future debt service versus using the fund balance to pay it off can be reviewed. Councilmember/Authority Member deHaan inquired whether major refinancing was done in 2002-2003. The Finance Director responded in 2002 refinancing was done for reconstruction of City Hall; stated tax increment bonds were done for the CIC in 2003. Councilmember/Authority Member deHaan inquired whether refinancing was done for interest rates only. Special Joint Meeting 1 1 Alameda City Council,Alameda Public Financing Authority, and Community Improvement Commission Meeting June 3, 2008 The Finance Director responded City Hall reconstruction bonds were refinanced in 2002 and were originally issued in 2000. Councilmember/Authority Member deHaan inquired what was the impact over the out years. The Finance Director responded the debt service was the same level every year; the prime motivation for the current proposal is not to get interest rate savings, but deferral. Mayor/Chair Johnson stated the City needs to look long-term; the report only looks at short-term. The Finance Director stated staff reviewed the matter from a perspective that the proposal is not good for the long-term, but is what needs to be done in order to have budget capacity far the next two years. Mayor/Chair Johnson stated direction has been given to always look at long-term. Vice Mayor/Authority Member Tam stated it does not make sense to spend down the fund balance if the same interest is earned on the fund balance. Mayor/Chair Johnson stated it does not make sense to use the fund balance because the City has so many other things to pay for with the fund balance, such as deferred health care retirement costs; the City needs to be living within its means and not defer payments. Councilmember/Authority Member Gilmore stated the amount of money being deferred over the first two years is slightly under a million dollars; the extra money that would be spent over the life of the loan is $600,000; payments would be extended for two more years; she would like to hear from the City Auditor and City Treasurer. Mayor/Chair Johnson inquired how much the payments are far the last two year extension. The Finance Director responded the payments for total debt services for all three funds is about $573,000 each year. Councilmember/Authority Member Gilmore stated the deferred payments not being made over the first two years are slightly under a million dollars. Special Joint Meeting 1 Alameda City Council,Alameda Public Financing Authority, and Community Improvement Commission Meeting June 3, 2008 Mayor/Chair Johnson stated the added interest and cost of restructuring is an additional $594,000, The City Treasurer stated bills should be paid when due. The City Auditor stated money needs to be spent to refinance; he does not see the benefit in pushing obligations into the future; tough decisions need to be made now. Councilmember/Authority Member Gilmore stated deferred payments over the first two years are approximately $1 million; $594,000 is the delta between what would need to be spent if nothing is done and what would need to be spent for refinancing; inquired whether the savings would be the difference between $1 million and $594,000. The Finance Director responded there is no savings because the $1 million is part of the calculation of the $594,000. Mayor/Chair Johnson stated the nonpayment years cannot be counted as savings; inquired whether payments would be higher in the third year because of the restructuring, The Finance Director responded the payments go up to $567,00 in year three; in year three payments would be $610,000 as compared to $567,000; payments start to decline in 2017 because the 1996 Police Building debt would be paid in 2015; the existing debt service would decline to $369,000; the new debt service would stay in the $570,000 range. The City Treasurer stated the situation is whether to borrow money over the next two years to balance the budget and pay it back over the next twenty years. Councilmember/Authority Member Gilmore moved approval of tabling the item pending budget discussions. Vice Mayor/Chair/Authority Member Tam seconded the motion. Under discussion, Vice Mayor/Authority Member Tam stated that she appreciates the fact that there will be a challenge to define what it means to live within means. on the call for the question, the motion carried by the following voice vote: Ayes: Councilmembers/Authority Members deHaan, Gilmore, Tam, and Mayor/Chair Johnson - 4. Noes: Councilmember/Authority Member Matarrese. Special Joint Meeting 1 Alameda City Council,Alameda Public Financing Authority, and Community Improvement Commission Meeting June 3, 2008 Councilmember/Authority Member Matarrese stated that criteria needs to be set for when money is borrowed to balance the budget. Mayor/Chair/ Johnson requested that a policy regarding borrowing money be brought back. ADJOURNMENT There being no further business, Mayor/Chair Johnson adjourned the Special Joint Meeting at 9:29 p.m. Respectfully submitted, Lara weisiger, City Clerk Secretary, Alameda Public Financing Authority The agenda for this meeting was posted in accordance with the Brown Act . Special Joint Meeting 1 4 Alameda City Couneil,Alameda Public Financing Authority, and Community Improvement Commission Meeting June 3, 2008 UNAPPROVED MINUTES OF THE SPECIAL JOINT CITY COUNCIL, ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY ~ARRA}, AND COMMUNITY IMPROVEMENT COMMISSION ~CIC} MEETING TUESDAY- -JUNE 4, 2008- -7:01 P.M. Mayor/Chair Johnson convened the Special Joint Meeting at 7:22 p.m. ROLL CALL - Present: Councilmembers / Board Members / Commissioners deHaan, Gilmore, Matarrese, Tam and Mayor/Chair Johnson - 5. Absent: None. AGENDA ITEM X08-- CC/ARRA/OS- CIC} Authorize the City Manager/Executive Director to execute a Transfer of the Exclusive Negotiation Agreement with SSC Alameda Point LLC to a new entity with D.E. Shaw or a transfer of an ownership interest in the Master Developer entity, SCC Alameda Point LLC to D. E. Shaw, pursuant to specific terms and Conditions. The Assistant City Manager stated SunCal requested that the matter be held over for two week in order to allow representatives from D.E. Shaw to be present to answer questions. Councilmember/Board Member/Commissioner Gilmore thanked the consultant for coming through and hitting important points that the City needs to have to protect itself; that she has a problem with eventually approving a document or agreement that she has not seen or read; Councilmembers were elected to make decisions on behalf of the citizens; if she approves the recommendation and things later go south, the citizens are not going to want to hear that she relied on a consultant when she made the decision; essentially, the consultant is framing the discussion about the issues; Councilmembers/Board Members/Commissioners might have additional items that the consultant has not flagged or that should be discussed in public; it is really important for Councilmembers/Board Members/Commissioners to be able to see and discuss the Agreement; if SunCal feels strongly about the confidentiality, the Agreement could be disclosed in Closed Session; that she would be open to signing a confidentiality agreement; it is really important that the Council/Board/Commission sees underlying documents; that she does not want to see SunCal and D.E. Shaw in two weeks if the Operating Agreement is not complete; suggested that the matter not return until the Operating Agreement is executed, the Council/Board/Commission has copies of the term sheet and Operating Agreement and the Council/Board/Commission has Special. Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, 1 and Community improvement Commission June 4, 2Q08 had an opportunity to review and discuss the matter before voting; D.E. Shaw is asking to become the City's partner; if D.E. Shaw does not trust the Council/Board/Commission to keep the matter confidential, it does not speak well for the beginning of the partnership. Councilmember/Board Member/Commissioner Matarrese stated D.E. Shaw is entering into an agreement with the taxpayers; that he would not be willing to sign a confidentiality agreement; the matter is in the public realm; the background document should be presented to and discussed in front of the public. Councilmember/Board Member/Commissioner deHaan inquired how there could be an open discussion. The Assistant City Manager responded staff has discussed the matter; the confidentiality issues are D.E. Shaw's issues; staff would discuss the matter with D.E. Shaw's management tomorrow; staff has indicated that the issue would be a problem for the Council/Board/Commission; D.E. Shaw is relying on a section of the Exclusive Negotiation Agreement ~ENA} that allows confidentiality. Vice Mayor/Board Member/Commissioner Tam stated that she appreciates the concerns; there is an obligation under Section 10 of the ENA that keeps some of the information between SunCal and D.E. Shaw proprietary; inquired what the Council's/Board's/ Commission's role was when Catellus merged with Palmtree; stated the venture is a multi-party partnership and is a business relationship; the City changes financing partners when doing tax increment funding or refinancing bonds; the developer has been able to secure a financing partner unlike the prior developer. The Assistant City Manager stated the documents were reviewed when Catellus assigned part of its agreement to Palmtree; the CIC had issues and there were concessions; ARR.A approved the Operating Agreement between Alameda Point Community Partners and Morgan Stanley; the financials have always been confidential, but the operating Agreement generally has not been confidential. The Base Reuse and Community Development Division Manager stated SunCal has indicated the Operating Agreement would not be ready for sixty days; staff thought bringing a term sheet first could be helpful to provide direction to SunCal and D.E. Shaw in negotiating the operating Agreement; initial direction f rom the Council/Board/Commission would allow them to focus on issues of key concern; the operating Agreement would reflect the intent of the Council/Board/Commission; the Council/Board/Commission might want Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, 2 and Community Improvement Commission June 4, 2008 to give direction regarding the key issues to allow the negotiation process to be a more efficient. Councilmember/Board Member/Commissioner Gilmore stated said recommendation would be fine as long as it is understood that she would not vote for or against the Operating Agreement until she sees it; the Council/Board/Commission should see the document. The Base Reuse and Community Development Division Manager stated staff understands that the Council/Board/Commission wants to see both the executed Operating Agreement and term sheet and ensure that the key points outlined in the term sheet are carried over into the Operating Agreement; staff's recommendation is that direction only be given regarding the term sheet; the Operating Agreement would have to be entirely consistent with the points raised in the term sheet. The Assistant City Attorney stated that she informed SunCal's Counsel that the Council/Board/Commission would want to know all the details; the confidentiality provision of the ENA covers the issue sufficiently; if a third party wants to get a document, it would be on SunCal's shoulders; in the event of a legal dispute about whether or not something is discloseable under the Public Records Act, SunCal would have the burden of taking on the dispute. Councilmember/Board Member/Commissioner deHaan stated that he wants to hear from SunCal about progress being made; the term sheet and Operating Agreement should not curtail or slow operations. The Assistant City Manager stated quite a bit of engineering work has been done; money is being spent. Bill Smith, Alameda, discussed consultants. ADJOURNMENT There being no further business, Mayor/Chair Johnson adjourned the Special Joint Meeting at 7:36 p.m. Respectfully submitted, Lora Weisiger, City Clerk Secretary, CIC The agenda for this meeting was posted in accordance with the Brown Act. Special Joint Meeting Alameda City Council., Aiameda Reuse and Redevelopment Authority, 3 and Community Improvement Commission June 4, 208 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 17, 20oS Re: Adopt a City Council Resolution Authorizing Preparation and Execution of Lease Financing Documents and a Preliminary Gfficial Statement in Connection with the Gffering and Sale ofi 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 Authorizing Certain Actions with Respect Thereto BACKGRGUND The City and the Alameda Public Improvement Corporation ~APIC},anon-profit corporation formed by the City of Alameda, sald $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 APIC 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, The 1996 Police and Equipment Certificates of Participation advanced refunded the 1990 Police and Equipment Certificates of Participation. This original issue had rates ranging from 5.8°/o to 7.25%, matured in 2015, and was issued for $2.77 million. The 1996 Library and Golf Course Financing Project was a new money issue in the amount of $4.9 million at rates of 3.9% to 5.75% maturing in 2022. DISCUSSIGN During the Fiscal Year 2008-2009 budget preparation process, it became evident that all avenues needed to be pursued with respect to cost containment. In reviewing the City's debt por'#folio, the Financial Advisor Gardner, Underwood & Bacon} recommended that the above-referenced issues be considered as refinancing candidates in order to reduce debt service costs. CCIAPFAIARRAICIC Report Re: Agenda Item #3-A I 06.11.08 Honorable Mayor and June 17, 2008 Members of the City Council Page 2 of 4 Honorable Chair and Members of the Public Financing Authority To accomplish this financing, staff worked with the City's Financial Advisor to secure the services of an underwriter Wedbush Morgan Securities}, and a trustee Union Bank of California}, The services of bond counsel Quint & Thimmig LLP} were authorized by the City Attorney. At its June 3, 2008, meeting, the City Council indicated its concern with lengthening the term of refinanced debt and adding to future debt service costs. Since that discussion, the City was notified that the issue has received an AA- rating from Standard & Poor's, which is a single "notch" upgrade over the existing issues. As a result, the Financial Advisor and the bond team have developed a new structure that will meet the City Council's goals of not extending the term, recognizing some debt service savings in the first two years, and realizing some net present value savings. This structure has a lower interest rate ~4.6°/o as compared to 5.006%}and net present value savings. The proposed new certificates to be issued will be approximately $5.5 million Certificates of Participation X2008 Financing Project} with a 14-year maturity similar to existing issues}, 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 two years, the City will pay interest only on the debt service. In the following years, the City will pay principal and interest. The debt service savings to the General Fund in Fiscal Year 2008-2009 are estimated to be $195,041. In addition, the Library and Golf Funds will produce savings of approximately $157,146 and $58,394, 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 Officer to 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 $l million, at a maximum interest rate of 5.5% 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 underwriter, and the City relating to the purchase of the certificates by the underwriter at a discount not to exceed .l5% 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 Honorable Mayor and June 17, 2008 Members of the City Council Page 3 of 4 Honorable Chair and Members of the Public Financing Authority the City. The City Council, in adopting the resolution, also authorizes the Mayor, City Manager, or Chief Financial Officer to cause the Preliminary Official Statement to be brought into the form of a Final Official Statement by amending 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 on 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; 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 CONSIDERATIONIFINANCIAL IMPACT The Fiscal Year 2008-2009 debt service cost savings for the General Fund are estimated to be $195,041, and the savings for Fiscal Year 2009-2010 are estimated to be $183,180. Similarly, the Library and Golf Funds will produce debt service cost savings in Fiscal Year 2008-2009 and 2009-2010 as follows: FY 2008-2009 FY2009-2010 Library Fund $157,146 $142,780 Golf Fund 88 394 80 323 Total $245,540 $223,120 The total debt service cost for the life of the issue is $6.15 million. vllithout the refinancing, the remaining debt service cost for the existing issues would be $l.1 million. This refinancing results in a debt service savings of approximately $311,000. RECOMMENDATION Adopt a City Council Resolution authorizing preparation and execution of lease financing documents and a Preliminary official Statement in connection with the offerin 9 Honorable Mayor and June 17, 2008 Members of the City Council Page 4 of 4 Honorable Chairand Members of the Public Financing Authority and sale of Certificates of Participation and authorizing certain actions with respect thereto; and, Adapt 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, elle-Ann oyer Chief Financial Officer JB:dI CITY OF ALAMEDA RESOLUTION N0. E 0 c~ a~ 0 ~. ~ AUTHORIZING AND DIRECTING THE PREPARATION AND EXECUTION OF CERTAIN LEASE FINANCING DOCUMENTS, AUTHORIZING THE PREPARATION AND DISTRIBUTION OF A ~ ~ PRELIMINARY OFFICIAL STATEMENT 1N CONNECTION WITH THE OFFERING AND SALE OF CERTIFICATES OF PARTICIPATION a RELATING THERETO, AND AUTHORIZING AND DIRECTING ~ CERTAIN ACTIONS WITH RESPECT THERETO 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 $2,770,000 city of Alameda Certificates of Participation X1996 Police Building and Equipment Refinancing Project} the "1996A 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 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 City of Alameda Certificates of Participation X1996 Library and Golf Course Financing Project} the "19958 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 19966 Certificates are currently outstanding in the principal amount of $3,555,004; and WHEREAS, 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 WHEREAS, 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 vVHEREAS, 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 Resolutions #3-A Joint CC APFA ARRA CIC Mtg 46.11-45 VvHEREAS, 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. N4VV, THEREFORE, BE IT RESOLVED, as follows: Section T. Certificates of Participation X2008 Refinancing Project} the iiCertificates"} are hereby authorized to be executed and delivered pursuant to the provisions of the Trust Agreement, as hereinafter defined. Secfion 2. The below-enumerated documents be and are hereby approved, and the Mayor, the City Manager or the Chief Financial Officer, or the assignee of any such official, is hereby authorized and directed to execute said documents, with such changes, insertions and omissions as may be approved by such official, and the C'rty 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 wilt 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 $7,000,000, 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 Vvedbush Morgan Securities the "Underwriter"} and the City, relating to the purchase by the Underwriter of the Certificates, so long as the Underwriter's discount does not exceed .l5% of the principal amount of the Certificates, exclusive of any original issue discount which does not represent compensation to the Underwriter. Secfion 3. The City Council hereby approves the Preliminary official Statement describing the financing, in substantially the form on file with the City Clerk, together with any changes therein or additions thereto deemed advisable by the Mayor, the City Manager or the Chief Financial officer, or the assignee of any such official. The Ci#y Council authorizes and directs the Mayor, the City Manager or the Chief Financial officer, or the assignee of any such official, to deem "final" pursuant to Rule 15c~-12 under the Securities Exchange Act of 1934 the "Rule"} the Preliminary Official Statement prior to its distribution by the Underwriter. -2- Sec#ion 4. The Mayor, 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 form of a final official statement the "Final Official Statement"} and to execute said Final Official 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 wi#h 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 fur#her 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 permitted 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 Mayor, 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- 1, 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 City Council on the llth day of June, 2448, by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN UvITNESS, UvHEREOF, I have hereunto set my hand and affixed the official seal of said City this day of June, 2445. Lara Weisiger, City Clerk City of Alameda -4- ALAMEDA PUBLIC FINANCING AUTHORITY RESOLUTION NO. E a a APPROVING, AUTHORIZING AND DIRECTING PREPARATION AND EXECUTION GF CERTAIN LEASE FINANCING DOCUMENTS AND AUTHORIZING AND DIRECTING CERTAIN ACTIGNS WITH RESPECT THERETO WHEREAS, the City of Alameda the "City"}, working together with the o Alameda Public Improvement Corporation the "Corporation"}, has heretofore ~ caused the execution and delivery of the $2,110,000 City of Alameda W Certificates of Participation X1996 Police Building and Equipment Refinancin m g Project} the "1996A Certificates"}, re resentin undivided ro ortional interests v J p g pp 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 capita! projects within the geographic boundaries ofthe 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 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 WHEREAS, the 1996B Certificates are currently outstanding in the principal amount of $3,555,000; and WHEREAS, the City 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 1996B Certificates and to implement a lease financing for such purpose, and the City has requested the assistance of the Alameda Public Financing Authority the "Authority"}, in connection with such financing; and WHEREAS, 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 WHEREAS, 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. Resolutions #3-A Joint CC APFA ARRA CIC Mtg O~-~ I -OV N~UV, 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 #o 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, including its right to receive lease payments thereunder, to the Trustee; and ~d} a trust agreement, by and among the Authority, 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 payments to be made by the City under the Lease 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 llth day of June, 2008, by the following vote to wit: AYES; NOES: ABSENT; ABSTENTIONS: 1N WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said Authority this day of June, 2008. Lara Weisiger, Secretary Alameda Public Financing Authority .3_ CITY 4F ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Debra Kurita City Manager Date: June 17, 2008 Re: Hold a Public Hearing and Adopt a Resolution to Accept the Master Fee Schedule for Fiscal Year 2008-2009 BACKGROUND On January 22, 1992, the City Council passed Resolution Number 12191, which codified all fees for services and linked the rate at which the City's fee schedule may be increased to the Consumer Price Index for the San Francisco Bay Area. Over time, via resolution, the fee structure has been revised and updated to streamline fee collection, and a Citywide Development Fee has been added to the Master Fee Schedule. Increases to the Citywide Development Fee are based on the Engineering News Record Construction Price Index for the San Francisco Bay Area DISCUSSION On May 14, 2008, the Bureau of Labor Statistics announced the Consumer Price Index for the San Francisco Bay Area as 2.9°/°. Based on Resolution 12191, the eligible fees in the Master Fee Schedule were increased by 2.9%. The Engineering Dews Record announced the Construction Price Index for the San Francisco Bay Area as ~ .l°/a. Based on Municipal Code Section 21-3. ~ 4, Fee Escalators, the Citywide Development fees were increased in accordance with the Construction Price I ndex. The Golf Commission determines the fees for the Golf Complex and recommends no increases in fees for fiscal year 2008-2009. Fees associated with the Alameda Recreation and Park Department are recommended by the Recreation and Park Commission for adoption by the City Council. The recommended Recreation and Park fees are included in the revised Master Fee Schedule. The City's Affordable Housing Unit and Fee Requirements were established in 1989 to mitigate the housing impacts created by new and expanded non-residential development. Resolution 13336 states that the amounts of the Affordable Housing !n- CC~AP FAIARRAIC I C Public Hearing Agenda Item #3-A Yr O~w~ ~~0~ Honorable Mayor and June 11, 2008 Members of the City Council Page 2 of 3 Lieu Fees shall be adjusted annually to reflect the percentage change in the cost of construction as reported in the Engineering News Recora~ Construction Price Index for the San Francisco Bay Area. Between 2002 and 2008, the fees have been raised a total of 18%, or an average of 3% per year. However, given the current economic environment, the proposed resolution maintains the Affordable Housing In-Lieu Fee at the same level as fiscal year 2007-2008. The decision regarding whether or not to raise fees will be revisited for fiscal year 2009-2010 based on the economic environment at that time. Gn Gctober 3, 2006, the City Council passed Resolution 14027, Amending Master Fee Resolution No. 12191 to Revise and Streamline the Planning & Building Department, Public vllorks and Fire Department Fee Schedules. At the time Resolution 14021 was adopted, Fire Prevention fees and Utility Permit Fees were not adequate to capture the actual costs of the services provided, and it was noted that these fees would be reviewed and brought forward at a future date for revision. These specific fees have been increased in this Master Fee Schedule at a rate to allow for 104°/a cost recovery. The City's fees for ambulance and emergency medico! services are based on Alameda County's fee schedule. The County has combined and simplified its ambulance and emergency medical services fee schedule. The City has revised and adjusted its fee schedule to reflect the County's fees, In addition, the resolution increases the ambulance and emergency service fees by 20°/° as set forth in the pending agreement with the Alameda County Emergency Medical Services Agency. Resolution Number 12191 allows for adoption of additional fees at the reasonable cost of providing the related services and for administrative adjustment of fees not greater than 5%. In light of the current economic conditions, a fee for marriages performed at City Hall has been added to the Master Fee Schedule. In addition, fees have been added for electronic versions of certain police reports and additional allowances for towing fees, with the exception of stolen vehicle recovery towing. Fees related to the Fire Department now include a schedule of charges related to false alarm violations and permitting fees for hazardous materials. The Master Fee Schedule is on file in the City Cierk's Gffice. BUDGET CONSIDERATIDNIFINANCIAL IMPACT The revenues from the existing fees, as outlined in the Master Fee Schedule, are included in the fiscal year 2008-2009 budget. Revenues from the proposed new fees will be reported during the first quarterly update. Honorable Mayor and June ~ 1, 2008 Members of the City Council Page 3 of 3 MUNICIPAL CODEIPOLICY DOCUMENT CROSS REFERENCE Alameda Municipal Code Section 21-3. ~ 4 allows for increases of the Citywide Development Fee. No new fees have been added at this time. No part of the Municipal Code is changed as a result of these increases. RECOMMENDATION Adopt a resolution updating and revising the Master Fee Schedule for fiscal year 2008- 200~. Respectfully submitted, ~,e~~~~ J elle-Ann Boyer Chief Financial Officer JAB:dI CITY OF ALAMEDA RESOLUTION NO. AMENDING MASTER FEE RESOLUTION NO.12191 TO REVISE AND ADD VARIOUS NEW FEES ~~ u°L o~ YI A~ W 0 a ~. M Q c~ WHEREAS, the Alameda Municipal Code and the California Government Code provide that the City Council shall set fees reasonable to recover the cost o~f providing various services by resolution; and WHEREAS, the City Council, at the August 2l, 1991, Special Council meeting, directed City staff to amend the Alameda Municipal Code to reflect that City fees shall be set by City Council Resolution; and WHEREAS, State law authorizes local governments to ,charge fees for services based on the estimated reasonable cost of providin the service for 9 which the fee is charged; and WHEREAS, certain fees currently charged are less than the estimated reasonable cyst of praviding the service; and WHEREAS, additional services have been requested for which no fee is currently being charged. NOW THEREFORE, BE IT RESOLVED by the City Council of the Cit of Y Alameda that fees for various City services and permits are set forth in the Master Fee Schedule. BE IT FURTHER RESOLVED that pursuant to Ordinance No. 1928, the City fees are subject to administrative adjustments not greater than 5°/° annuall y over the existing recovery levels. *~**~*~* Resolutions #3-A CC APFA ARRA CIC Mtg 4fi-11-48 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 17Th day of June, 2408, by the following vote to wft: AYES NOES: ABSENT: ABSTENTIONS: IN v111TNESS, UVHEREQF, i have hereunto set my hand and affixed the seal of said City this day of , 2008. Lara vUeisiger, City Clerk City of Alameda CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Debra Kurita City Manager Date: June 17, 2008 Re: Adopt a Resolution Establishing Appropriations Limit for Fiscal Year 2008- 09 BACKGRGUND Proposition 4, commonly known as the Gann Initiative, was approved by the California electorate in November 1979. The purpose of the constitutions[ provisions and the implementing legislation is to restrict growth of tax-funded programs and services by limiting the appropriations of the proceeds of taxes to the 1918-19 base year limit, adjusted annually for changes in the population and inflation. Proceeds of taxes in excess of the limit, with limited exceptions, must be returned to the taxpayers within two years by refund or reduction in tax rates unless extension of the limit is approved by majority popular vote. Proceeds of taxes include ~1 }all tax revenues, ~2}proceeds from licenses and userfees to the extent that such fees exceed costs of providing services, ~3} interest earnings from investment of tax revenues, and ~4}discretionary state subventions. All other revenues, i.e. federal funds, enterprise fund revenues, and user fees that do not exceed the cost of providing services are excluded from the limit. The voters approved Proposition 111 in June 1990. This proposition allows for new adjustment formulas for the required appropriations limit that are more responsive to local growth issues. The proposition also requires review by an independent auditor in conjunction with the annual financial report of the limit calculations. The significant changes to the original Article XlilB Proposition 4}and its implementing legislation Chapter 1205180} as modified by Proposition 111 and SB 88 Chapter 60190} are as follows: A. Beginning with the 1990-91 Appropriations Limit, the annual adjustment factors changed. Instead of using the lesser of the California Per Capita Income or U.S. CPI to measure inflation, each city may choose: a. Growth in the California Per Capita Personal Income or b. Growth inthenon-residential assessed valuation dueto newconstructionwithin the city. CCIAPFAIARRAICIC Public Hearing Agenda Item #3-A III 06.E T-os Honorable Mayor and June ~7, 2008 Members of the City Council Page 2 of 2 B. Additionally, instead of using only the population growth of the city, each city may choose to use the population growth within its county. These changes in population and inflation are both annual elections. DISCUSSIGN The revised annual adjustment factors have been applied to arrive at Alameda's Fiscal Year 2008-09 Limit. The following exhibits detailing the adjustmentfactors are attached: ~ . Exhibit A: adjustment factors for calculation of the City's Annual Appropriations Limit 2. Exhibit B: revenue sources and estimated proceeds from taxes for Fiscal Year 2008-09 3. Exhibit C: State Department of Finance January ~ , 2008 Population Estimates for cities within Alameda County. The PerCapital Personal Income change year-over-yearis4.29% as provided bythe State Department of Finance. This factorand the County Population Change were selected as the incrementing factors for Fiscal Year 2008-09. BUDGET CGNSIDERATI4N (FINANCIAL IMPACT The City's estimated proceeds of taxes constitute approximately 63% of the adjusted appropriations limit. The City's population posted a growth of .99% over the prior year, while the County posted a growth of x.32°/0. Personal per capita income percentage change over Last year was 4.29%. These factors County population change and personal per capita income changed were used to compute the Appropriations Limitfor Fiscal Year 2005-09. RECGMMENDATION Adopt a resolution establishing the appropriations limit for fiscal year 2008-09 in the amount of $82,1 3,Ofi5. Respectfully submitted, J elle-Ann yer Chief Financial Officer JB:dI Attachments (3) Fiscal Year 1985-86 1986-87 1987-88 1988-89 1989-90 1990-91 1991-92 1992-93 1993-94 1994-95 1995-96 1996-97 1991-98 1998-99 1999-a0 2000-01 2001-02 2002-03 2003-04 2ao4-o5 2005-06 2oa6-07 2007-08 2008-09 Fiscal Year 1986-87 1981-88 1988-89 1989-9a 1990-91 1991-92 1992-93 1993-94 1994-95 1995-96 1996-97 1997-98 1998-99 1999-00 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07 2007-08 2008-09 37,307,224 39,111,414 39,798,751 42,206,554 44, 553,109 47,445,167 5a,476,545 53,501,816 56, 734, 946 62,254,356 62, 244, 474 64,287,304 66,873,978 70,$$4,290 74,177,671 18,285,106 82, 713, 068 Adjusted Appropriations Limit $27,125,274 28, 442, 612 30,275,280 32,422,989 34, 247, 514 36, 874,417 37,307,224 39,111,414 39, 798, 751 42,206,554 44, 553,109 47,445,167 50,476,545 53,501,816 56, 734, 946 62,254,356 62,459,439 64,509,323 67,104,930 1a,884,290 74,177,671 78,285,106 82,713,068 2.02% 2.06% 1.04% 0.14% 0.34% 1.74% -1.32% 0.60% 0.12% 1.77% 1.25% 0.95% 0.48% 0.17% 0.28% 1.05% 0.99% Estimated Proceeds of Taxes $19,150, 008 21,171,824 22,237,185 23,980,762 26,248,017 28,129,049 29,585,533 29,674,315 29, 692, 284 31,586,117 32, 343,115 32,390,148 34, 936, 993 37,199,889 40,451,14$ 42,282,136 44,451,196 42,485, 083 40,953,416 46,681,034 50,477,211 53,203,359 52,288,125 1.58% 1.55% 0.97% 1.27% 0.85% 1.74% 2.15% 1.40% 1.08% 1.62% 1.62% 0.$2% o.72°i° 0.70% 0,66% 1.07% 1.32% Per Capita Income Increase 2.30% 3.47% 4.66% 5.19% 4.21 4.14% 0.64°/a 2.72% 0.71 4.72% 4.67% 4.67% 4.15% 4.53% 4.91 7.82% -1.27% 2.31 % 3.2$% 5.z6°i° 3.96% 4.42% 4.29% Taxes as a Percentage of Limit 70.60% 74,44% 13.45% 13.96% 76.64% 16.2$% 79.30% 75.87% 74.61 74,84% 72.59% 68.27% 69.21 70.65% 71.30% 67.92% 71.1$% 65.86% 61.03% 65.86% 6$,05% 67.96% 63.22% CCIAPFAJARRAICIC Attachment 'I to G:IFINANCEIProp41PROP4applimit C[TY OF ALAMEDA ANNUAL APPROPRIA TIONS LIMIT CALCULAT[oNS original Adjusted Population Population Appropriations Appropriations Increase Increase Limit Limit Within City Within County $25,964,962 27,125,274 $27,125,274 2.12% 2.26% 28,380,866 2$,442,612 1.12% 1,34% 29,843,020 30,217,535 0.41% 1.51 31, 950, 066 32, 361,149 1. $1 % 1.35 °/o 33,658,624 34,1$2,194 1.06% 1.36% 36,$04,086 36,$04,086 3.39% 148% Public Hearing Agenda Item #3-A III os-~I7-os REVENUE SOURCES PROPERTY TAXES General 'Triple Flip" Subsidy OTHER LOCAL TAXES Sales Tax Property Transfer Tax Utility Users Tax Transient Occupancy Tax PG&E Franchise Fees Garbage Franchise Fees Cable Franchise Fees Taxi Franchise Fees Housing Authority In Lieu Fees In Lieu Fees Golf Surcharge Construction lmpravement Tax LICENSES & PERMITS Permit Tracking Fee* Communtiy Planning Fee* Business Licenses Taxi Permits Bicycle Licenses Building Permits* Encroachment Permits Electrical Permits* Plumbing Permits* Miscellaneous Permits ~Police7 Fire Inspection Fees USE OF PROPERTY Rents Concessions FINES $~ FORFEITURES General Traffic School Fees CITY OF ALAMEDA PROPOSITION 4 CALCULATION FISCAL YEAR 2008-2009 NON PROCEEDS PROCEEDS FROM TAXES FROM TAXES $ 20,735,746 $ 1, 723, l60 $22,459,506 $ 5,148,241 $ 539,270 $ 4,088,980 $ 9,110, 000 $ 1, 048, 714 $ 215,270 $ 2,128,500 $ 497,000 $ 1a,oDD $ 210, 000 $ 1,567,003 $ 9DO,ooo $25,460,978 $ 112,500 $ 300,000 $ 1,11 D,543 $ 1,500 $ 200 $ 1,340,000 $ - $ 165,OOD $ 165,OD0 $ 500 $ 245,000 $ 4,040,243 $ 8a,2DD $ - $ 80,200 REVENUE FROM OTHER AGENCIES State Highway Maintenance State Mandate Reimbursement Banking Fees Reimbursement POST Reimbursements County Reimbursemetns Motor Vehicles in Lieu Park Fund Conributians Other Donations State Grant Public Services County Measure B Abandoned Vehicle Surcharge CURRENT SERVICES General CONTRIBUTIONS FROM OTHER FUNDS $ 450,500 $ 60,000 $ 510,500 $ 44,200 $ 157,893 $ 2a,DDa $ 50,000 $ 5,953,823 $ 85,000 $ 287, aoo $ 174,436 $ 705,000 $ 95,000 $ 7,572,352 $ 4,322,417 $ 4,322,417 Transfers !n $ 11,347,712 $11,347,712 $51,176,050 $ 24,617,858 $75,793,908 As a percent of Total 67.52°/0 32.48% CClAPFAlARRAJCIC Allocation of Investment lncame $ 1,112,D15 $ 534,955 $ 1,647,D30 Attachment 2 to $ 52,288,125 $ 25,152,813 $77,440,938 Public Hearing * Special Fund Agenda Item #3-A IIY 06-11-08 ,~ ~~~T v~ ~ ~ fy 4 ~~ 2 w IIII n v n, ~ DEPARTMENT OF ARNOLD 5CHWARZENEGGER~ GOVERNOR ~~~«RN,P ~ ~ ~ ~ ~ ~ ~ 91 5 L 5TREET ^ 5ACRAMENTO ^A ^ 959 1 4-37^6 ^ www.oo~.CA.r~nv May 2008 Dear Fiscal Officer: Subject: Price and Population Information Appropriations Limit The California Revenue and Taxation Code, Section 2221, mandates the Department of Finance Finance} to transmit an estimate of the percentage change in population to local governments. Each local jurisdiction must use their percentage change in population factor for January ~, 2008, in conjunction with a change in the cost of living, or price factor, to calculate their appropriations limit for fiscal year 2008-09. Enclosure I provide the change in California's per capita personal income and an example for utilizing the price factor and population percentage change factor to calculate the 2008-09 appropriations limit, Enclosure If provides city and unincorporated county population percentage changes, and Enclosure IIA provides county and incorporated areas population percentage changes. The population percentage change data excludes federal and state institutionalized populations and military populations. Population Percent Change for Special Districts Some special districts must establish an annual appropriations limit. Consult the Revenue and Taxation Code, Section 2228 for further information regarding the appropriation limit. You can access the Code from the following website: "htt :I1www.le info.ca. ovlcalaw.html" check: "Revenue and Taxation Code" and enter 2228 for the search term to learn more about the various population change factors available to special districts to calculate their appropriations limit. Article XIII B, Section 9, of the State Constitution exempts certain special districts from the appropriations limit calculation mandate. Consult the following website: "http:llwww.leginfo.ca.govl.cvnstl.article~13B"for additional information. Special districts required bylaw to calculate their appropriations limit must present the calculation as part of their annual audit. Any questions special districts have on this issue should be referred to their respective county far clarification, or to their legal representation, yr to the law itself. No State agency reviews the local appropriations limits. Population Certification The population certi#ication program applies only to cities and counties. Revenue and Taxation Cade Section 11005.6 mandates Finance to automatically certify any population estimate that exceeds the current certified population with the State Controller's Office. Finance will certify the higher estimate to the State Controller by June ~, 2008. Please Note: Prior year's city population estimates may be revised. If yvu have any questions regarding this data, please contact the Demographic Research Unit at X916} 323-4086. MICHAEL C. GENEST Director By: ANA J. MATOSANTOS Chief Deputy Director Enclosure CCIAPFAlARRAlCIC Attachment 3 to Public Hearing Agenda Item #3-A III 06-~I T-OS Fiscal Year 2008-2009 May 2008 Enclosure I A. Price Factor: Article XIII B specifies that local jurisdictions select their cost-of-living factor to compute their appropriation limit by a vote of their governing body, The cost-of living factor provided here is per capita personal income. if the percentage change in per capita personal income is selected, the percentage change to be used insetting the 2008-2009 appropriation limit is: Per Capita Personal Income Fiscal Year Percentage change (FY) over prior year 2008-2009 4.29 B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2008-2009 appropriation limit. 2DD8-2009: Per Capita Cost of Living Change = 4.29 percent Population Change =1.31 percent Per Capita Cost of Living converted to a ratio: Population converted to a ratio: Calculation of factor for FY 2008-2009: 4.29 + 100 =1.0429 100 1.31+100 =1.0131 100 1.0429x1.0131=1.05b6 Page 2 Fiscal Year 2008-2009 Enclosure II Annual Percent Change in Population Minus Exclusions January 1, 2007 to January 1, 2008 and Total Population, January 1, 2008 T County Percent Cftanpe •-- Population Minus Exclusions --- Po~ula 1 I 1 1111 1111 W~ City 200T-200$ 1-1.07 1.1-08 1.1.2008 Alameda Alameda 0199 74,99T 75,743 75,823 Albany 0.93 16,722 16,877 16,877 Berkeley 0.55 106,11 D 106,697 106,697 Dublin 1.44 41,270 44,342 46,934 Emeryville 6.46 9,137 9,727 9,727 Fremont 1.11 211,162 213,512 213,512 Hayward 1.16 147,5D1 149,205 149,2D5 Livermore 1.16 82,56D 83,516 83,604 Newark D.65 43,587 43,872 43,872 Oakland 1137 414,516 420,183 42D,183 Piedmont 0,64 11,029 11,1DD 11,100 Pleasanton 1.20 68,567 69,388 69,388 San Leandro 0.71 81,273 81,851 81,851 Union City 1.77 72,124 73,402 73,402 Unincorporated D.91 139,554 140,825 140,825 County Total 1.32 1,520,109 1,540,240 1,543,000 ~*y Exclusions include residents on federal military installations and group quarters' residents in state mental institutions, and state and federal correctional institutions. Page 3 CITY OFALAMEDA RESOLUTIGN N0. ESTABLISHING APPRGPRIATIONS LIMIT FGR FISCAL YEAR 2008-09 L ~a ~IIJHEREAS, pursuant to Article XIIIB of the Constitution of the State of California, the City Council of the City of Alameda is required to establish an "Appropriations Limit" for fiscal year 1997-95; and .~ o a vUHEREAS, the Appropriations Limit has been determined in accordance with uniform guidelines forArticle XIIIB of the California Constitution; and vUHEREAS, the voters approved Proposition 111 in June, 1990, which allows far new adjustment formulas for the appropriations limit calculation that is responsive to local growth issues. The adjustment factors used to arrive at the 2008-09 limit are as follows: 1990-91 County Population increase of 1.36%; CPi of 4.21 °lo 1991-92 City Population increase of 3.39%; CPI of 4.14°/° 1992-93 City Population increase of 2.02°/°; CPI of 0.64°/0 1993-94 City Population increase of 2.06%; CPI of 2.72% 1994-95 City Population increase of 1.04%; CPI of 0.71°/° 1995-96 County Population increase of 1.27%; CPI of 4.72°/° 1996-97 County Population increase of 0.85%; CPI of 4.67% 1997-98 City Population increase of 1.74°/0; Per Capita Personal Income increase of 4.67% 1998-99 County Population increase of 2.15%; Per Capita Personal Income increase of 4,15% 1999-00 County Population increase of 1.40°/°; Per Capita Personal Income increase of 4.53°/° 2000-01 County Population increase of 1.08°/°; Per Capital Personal Income increase of 4.91°/0 2001-02 City Population increase of 1,77%; Per Capita Personal Income increase of 7.82% Resolutions #3•A Joint CC APFA ARRA CIC Mtg Q5.17-08 2002-03 Gounty Population increase of 1.62°/°; Per Capita Personal Income decrease of 1.27% 2003-04 City Population increase of 0.95%, Per Capita Personal Income increase of 2.31 °/° 2004-05 County Population increase of 0.72°I°, Per Capita Personal Income increase of 3.28°/0 2005-06 County Population increase of 0.70°/0, Per Capi#a Personal Income increase of 5.26°/fl 2006-07 County Population increase of 0.66°/0, Per Capita Personal Income increase of 3.96°/0 2001-08 County Population increase of 1.07°/Q, Per Capita Personal income increase of 4.42°/0 2008-09 County Population increase of 1.32°/°; Per Capita Personal Income increase of 4.29°/° N~V1l, THEREFORE, BE IT RESaLVED by the Council of the City of Alameda that said Council hereby establishes the Appropriations Limit in the amount of $82,713,068 forfiscal year2008-09. *~*** 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 17th day of June, 2008, by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: iN VIIITNESS, UVHEREflF, I have hereunto set my hand and affixed the seal of said City this day of June, 2008. Lora ~J1Jeisiger, City Clerk City of Alameda The staff report regarding adoption of the ARRA, CIC and Council budgets and the per diem allowance will be provided under separate cover Re: I#em 3-A 46-11-OS ALAMEDA REUSEAND REDEVELOPMENT AUTHORITY RESOLUTION NO. m APPROVING ANDADOPTiNG THE OPERATING BUDGET AND APPROPRIATING CERTAIN MONEYS FOR THE EXPENDITURES PROVIDED IN FISCAL YEAR 2008-09 VIIHEREAS, there has been submitted to and filed with this Authority at this meeting, a budget representing a financial plan for conducting the affairs of the Alameda Reuse and Redevelopment Authority for the Fiscal Year beginning July 1, 2008, and ending June 30, 2049, attached hereto as Exhibit A; and UVHEREAS, the Authority has considered this spending plan. NOW, THEREFORE, BE IT RESOLVED by the Alameda Reuse and Redevelopment Authority that said budget as submitted to this Authority at this meeting, and each and every part#hereof, be, and the same is herebyapproved and adopted as the Operating Budget for the Alameda Reuse and Redevelopment Authority for the Fiscal Year 2008-2009, and that the expenditure of the various sums of money therein provided to be spent for salaries and wages, maintenance and operation, and capital outlay listed in detail are hereby approved and authorized in total as the appropriations for the Fiscal Year ending June 30, 2009, *~~*~~ Resolutions #3.A Joint CC APFA ARRA CIC Mtg os-~ 7-a8 Budget Profile Alameda J4euse & Redevelopment Authority (ARRA} Fiscal Year 2oa8-Z~~9 Alameda Reuse & Redevelopment $ 14,635,565 I, the undersigned, hereby certify that the foregoing Resolution was dul y and regularly adopted and passed by the Governing Board of the Alameda Reuse and Redevelopment Authority in regular meeting assembled on the ~7t~ day of June, X008, by the following vote to wit; AYES: NOES: ABSENT; ABSTENTIGNS: IN VvITNESS, VvHEREGF, I have hereunto set my hand and affixed the official seal of the said Authority this ~ day of June, 2008. Irma Glidden, Secretary Alameda Reuse and Redevelopment Authority °~ a a ~: COMMUNITY IMPRGVEMENT CGMMiSSiGN RESGLUTIGN N0. APPRGVING ANDADGPTING THE GPERATING BUDGET AND APPROPRIATING CERTAIN MGNEYS FGR THE EXPENDITURES PRGVIDED IN FISCAL YEAR 2008-2009 WHEREAS, there has been submitted to and filed with this Commission at this meeting, a budget representing a financial plan for conducting the affairs of the Community Improvement Commission for the City of Alameda for the Fiscal Year beginning July 1, 2008, and ending June 30, 2009, attached hereto as Exhibit A' and WHEREAS, the budget as presented includes several major goals as follows: - Shinsei Gardens -the construction of thirty-nine affordable housin g units; - Catellus Phase li Alameda Landing} -environmental, financial and infrastructure work, including Stargell Avenue Extension; - Alameda Point - in cooperation with ARRA, secure conve ante and y begin the entitlementprocess and California Environmental Qualit Act .. Y activities; - Administer First Time Homebuyer Downpayment Assistance and Refinance Mortgage Recovery Program - Gther publiclprivate projects --Grand Marina housing pro'ect, arkin J p 9 study, and Park Street Streetscape Phase ll; and - Business retention -relationships with employers and commercial brokers. WHEREAS, the Authority has considered this spending plan. NOW, THEREFGRE, BE IT RESGLVED by the Communit Im rovement Y p Commission that said budget as submitted to this Commission at this meetin and 9~ each and every part thereof, be, and the same is hereby approved and ado ted as p the 4perat~ng Budget for the Community Improvement Commission of the Cit of AI ~ y ameda for the Fiscal Year 2008- 2009, and that the expenditure of the various sums of money therein provided to be spent for salaries and wa es, maintenance g and operation, and capital outlaylisted ~n detail are hereby approved and authorized in total as the appropriations for the Fiscal Year ending June 30, 2409 and BE IT FURTHER RESGLVED that the Commission hereb determines that Y pursuant to California Health & Safety Code 33334.3 Low and moderate income housing fund} the planning and administrativeexpensesincurred are necessa for the ~ production, improvement or presenrat~on of low-and-moderate income housin , 9 ***** Resolutions #3-A Joint CC APFA ARRA C1C Mtg ~~a~ l ~OV Buafget Profile Community Improvement Commission ~ClC Fiscal Year X048-2409 CIC-BUMP 1,281,152 5,3o/a CIC-U1lECIP 2,882,315 12.0% CIC-UVECIP Housing 1,306,16D 5.4°/a FISC Lease Revenue Fund 619,OOD 2.6% CIC-BUUIP Housing 1,023,349 4.2% CIC-APiP 126,810 4,5a/Q FISC -Catellus 11,868,690 49.3°/0 CiC-APIP Housing 91,675 0 4a/o FISC -Catellus Ph ll 450,000 1.9o/a FISC - CatellProLogis Ala Landing 4,428,154 18.4% $ 24,084,565 100.0°/0 I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Community improvement Commission of the City of Alameda in a Special Community Improvement Commission meeting assembled on the ~ 7th day of June, 2008, by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN 1NITNESS, ~11JHERE~F, I have hereunto set my hand and affixed the official seal of said Commission this day of June, 2008. Lara vveisiger, Secretary Community Improvement Commission Beverly Johnson, Chair Community Improvement Commission CITY OFALAMEDA RESOLUTION N0, E w u°.. 0 ~t N 0 ~s APPROVING AND ADOPTING THE OPERATING BUDGET AND CAPITAL IMPROVEMENTS AND APPROPRIATING CERTAIN MONEYS FOR THE EXPENDITURES PROVIDED IN FISCAL YEAR 2008-09 AND ESTABLISHING AN OTHER POST EMPLOYMENT BENEFIT (OPEB) PLAN WHEREAS, there has been submitted to and filed with this Council at this meeting, a budget representing a financial plan for conducting the affairs of the City of Alameda for the Fiscal Year beginning July 1, 2008, and ending June 30, 2009, attached hereto as Exhibit A; and UVHEREAS, it is the intention of the City Council towaive the Payment in Lieu of Taxes PILOT} payable by the Housing Authority of the City of Alameda; and WHEREAS, the City Council has received the Other Post Employment Benefits Actuarial Valuation Study as of January 1, 2007, and adopts the following plan far its implementation: • It is the goal of the City Council to provide compensation which recognizes the service of its employees within the financial abilities of the City to meet those obligations over the long term. • It is the goal of the City council to achieve overtime full funding of the retiree health benefits through continuous review of the benefit plan, the casts of the plan and prudent use of an Internal Revenue Code Section 115 Trust • It is the goal of the City Council to include in each budget the costs of required actuarial studies and the costs of the Annual Required Contribution ARC} to the extent that resources are available; and WHEREAS, as of June 30 each fiscal year funds that add to the fund balance of the City's General Fund will be reviewed and those available to be allocated as a contribution towardsthe Other Post Employment Benefits unfunded liabilitywill be appropriated to an Internal Revenue Code Section 115 Irrevocable Trust until such time as sources become available to increase the funding; and UIJHEREAS, the City Council has considered this spending plan. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Alameda that said budget as submitted to this Council at this meeting, and each and eve art ryp thereof, be, and the same is hereby approved and adopted as the Operatin Bud et g g and Capital Improvement Budget for the City of Alameda for the Fiscal Year 2008- 2009,and that the expenditure of the various sums of money therein provided to be spent for salaries and wages, maintenance and operation, capital outlay and ca itaf p ~rnprovements by each department therein I~sted in detail are hereby approved and authorized in total as the appropria#ions for the Fisca! Year ending June 30, 2009. BE IT FURTHER RESOLVED by the Council of the City of Alameda that the Resolutions #3-A Joint CC APFA ARRA CIC Mtg X6.11-08 Payment in Lieu of Taxes ~PIL~T} payable by the Housing Authorit of the Cit of y y Alameda is hereby waived and not payable. BE IT FURTHER RESOLVED by the Council of the City of Alameda that the ether Post Employment Benefit Plan is herby adopted. **~*~* Budged Profile - a!! Funds Flsca! Year 2408-2449 General Fund Special Revenue Fund Group: PolicelFire Const. Impact 66,178 Const Improvement Fund 850,000 C1C-vIIECIP 2,882,315 2003 CIC Tax Allo 2003A1 - 2003CIC Tax Allo 2003A2 - 2003 CIC Tax Allo 2003B - CIC-VVECIPHousing 1,306,160 CIC-BVVIP 1,281,152 CIC-BUVIP Housing 1,023,349 CIC-BVIIIP Hsg 2002 Bond Proceeds 535,550 CIC-Housing In-Lieu Fee 684,253 AUSD Housing Fund 1,150,DDD CIC-APIP 126,870 CIC-APIP Housing 91,675 Planning & Building Services 4,205,027 Alameda Ci#y Library Fund 3,334,036 Gas Tax Fund 1,110,000 XIXB Trans Improvement Fund - TrafficSafety Fund 150,000 County Measure BFund - Measure B -Local St & Rd 1,064,000 Measure B -Bicycle Ped Imp 250,000 Measure B - Transbay Ferry 850,000 Measure B -Para Transit .. Measure B -Capital Projects - Measure B - Transp Sr & Disab - Tidelands Fund 109,583 Narcotics Asset Seizure Dwelling Unit Fund 215,D00 Parking In-Lieu Fund - Parking Meter Fund 451,622 Civic Center Garage 250,000 TSMITDM Fund Commercial Revitalization 1,545 Theatre ProjectlParking Garage - Hame Fund 303,504 CDBG 1,909,351 Home Repymt Fund _ Rehab Repayment Fund 321,065 FISC Lease Revenue Fund 619,000 FISC -Catellus 11,868,690 FISC -Catellus Ph II 450,000 FISC - CatellProLogis Ala Landing 4,428,154 $ 75,426,514 35.4% $ 63,512,620 29.8% Budgef Profile - A~~ Funds Fisca! Year 2445-2049 Housg Developmt-HA Reimb HA Section 8 Projects Affordable Housing 361,051 Human Services 61,200 CHRPOILEAD - Garbage Subcharge Fund 110,000 Curbside Recycling 100,000 Waste Reduction Surcharge 1,072,137 City Waste Management Program 73,600 Island City Maint 84-2 Island City Maint 84-2 Z1 6,800 Island City Maint 84-2 Z2 27,350 Island City Maint 84-2 Z3 24,350 Island City Maint 84-2 Z4 80,617 Island City Maint 84-2 Z5 830,000 Island City Maint 84-2 Z6 674,564 Island City Maint 84-2 Z7 38,300 Marina Cove Maint Dist 01-1 191,596 Reserve Marina Cove 01-01 .. Bayport AD 03-1 453,500 Athletic Fund 2,102,311 Public Art Fund _ Historical Advisory Board _ Sr Citizen Transportation 161,800 Alameda Reuse & Redevelop 14,635,565 Dike Maintenance Fund - Capita! Project Fund Group: $ 28,488,722 13.2°/° Waste Water Capital Reserve - Capi#al Improvement Proj. 23,661,000 FISC Catellus Traffic Fee - Marina Village A.D. 89-1 _ H.B.1.92-1 Assessmt Dist Library Construction Fund Open Space Improvement Fund - 2003 AP Rev Bond Projecf Fund - CDF-WETraff~c Safety CDF-WE Parks & Rec CDF-WE Public Facilities CDF-VILE Public Safety _ CDF-NW Traffc Safety CDF-NW Park & Recreation CDF-NW Public Safety CDF-NW Public Safety CDF-CEE Traffic Safety - CDF-CEE Parks & Recreation .. CDF-CEE Public Facilities - CDF-CEE Public Safety Budget Profile - Qll Funds Fiscal Year 2008-2809 CDF-BF Traffic Safety - CDF-BF Parks & Recreation - CDF-BF Public Facilities _ CDF-BFPublic Safety - Transportation lmpmt. Fund - Urban Runoff 4,427,722 CFD #1 Harbor Bay _ CFD #2 Paragon Gateway - Debt Service Fund Group: $ 7,6D4,610 3.6% Debt Svc-1990 Police Bldg 66,778 Debt Svc-LibrarylGolf Proj 183,087 Debt Svc-Library Bond 2003 670,325 Debt Svc-HUD 108 Ln-ParkinglTheatre 231,517 Debt Svc-Debt Sere CIC Tx All Bd - Debt Svc-GIC Sub Bond 814,882 Debt Svc-Refin CityHall 2DD2 827,338 Debt Svc 2003 Tax Allo Refd BvVIP 1,263,769 Debt Svc 2003 CIC Tax Alloc Bd 2,746,914 Debt Svc 2003 AP Rev Bond 800,000 Enterprise Fund Group: $ 15,940,953 7.5% Golf Course Fund 4,775,867 Sewer Service Fund 7,602,801 Ferry Service Fund 433,748 East End Ferry 1,010,960 West End Ferry 2,117,577 Internal Service Fund Group: $ 8,773,483 4.1 Central Stores Fund Central Garage Fund - Techology Serv Fund 1,192,132 Worker's Comp Self lnsur 3,147,080 Risk Management Fund 2,245,231 Unemployment Insurance 60,000 Post Employment Fund 2,129,040 Trust S~ Agency Fund Group: $ 13,850,597 6.5°/° Debt Svc for 508 84-3A - Debt Svc for 510 84-3B PolicelFire Pension 1079 2,808,000 PolicelFire Pension 1082 41,000 Debt Svc for 512 89-1 3,226,953 Debt Svc for 513 92-1 1998 Revenue Bond Debt Fd 2,765,515 1999 Revenue Bond Debt Fd 3,226,953 Assessment District CFD#1 1,6D4,441 Assessment District CFD#2 177,735 Total All Funds $ 213,257,560 100.0% Memo only; Housing Authority April 15, 2008} $ 27,113,845 Alameda Power & Telecom spending} 66,?50,8?7 Ali Inclusive Total $ 307,122,282 I, the undersigned, hereby certify that the foregoing Resolution was dul ,y and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on they 7th day of June, 2008, by the following vote to wit: AYES NOES: ABSENT: ABSTENTIQNS: IN 1NITNESS, UvHERECF, I have hereunto set my hand and affixed the seal of said City this day of June, 2008, Lora Weisiger, City Clerk City of Alameda CITY OFALAMEDA RESOLUTION NO. ESTABLISHING GUIDELINES FOR REIMBURSEMENT OF PER DIEM ALLOWANCE FGR CITY OFALAMEDA BUSINESS TRAVEL ` 4 0 N ' °~ v a WHEREAS, Section 22-1 of the Charter of the City of Alameda requires that the Council annually fix the per diem allowance for traveling ex enses of . p officers and employees of the City; and WHEREAS, the Internal Revenue Service publishes its recommended Per Diem rates for travel within the United States. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Alameda that the Per Diem allowance for all officers and employees of the Cit Y of Alameda while attending to official dunes, bath within and outside the Cit . Y l~m~ts of the City of Alameda, shall not exceed the amount of the actual ex ense P incurred Per Diem by such officer or employee, in addition to the costs of transportation actually incurred. BE IT FURTHER RESOLVED that the Per Diem allowance for meals will remain unchanged at $64 per day tax and tip included. When Per Diem is claimed and some meals are included in the registration, a deduction should be made as follows: $13.00 Breakfast $19.00 Lunch 32.00 Dinner $64.00 BE iT FURTHER RESOLVED that such expenditures shall be re aid to p such officer or employee by the city of Alameda upon submission of a statement of such expense in from satisfactory to the Chief Financial Officer of the City of Alameda. BE 1T FURTHER RESOLVED that such allowance herein fixed shall be effective until superseded by any change in Federal per diem re uirements or . q specific City Council resolution. ***~** Resolutions #3~A Joint CC APFA ARRA CIC Mtg os-~i7-oa 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 regularmeeting assembled on the 17th day of June, 2008, by the following voteto wit: AYES NOES: ABSENT: ABSTENTIONS: IN UvITNESS, VIIHERE4F, I have hereunto set my hand and affixed the seal of said City this day of , 2008. Lara UVeisiger, City Clerk City of Alameda