2008-08-19 Packet/~-~~~ ;
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SPECIAL JOINT MEETING OF THE CITY COUNCIL,
ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY ~ARRA}
AND COMMTJN I TY IMPROVEMENT COMMISSION ~ CIC }
TUESDAY - - -AUGUST 19, 2008 - - - 6:30 P.M.
Time: Tuesday, August l9, 2008 6;30 p.m.
Place; Cit Council Chambers Conference Room, City Hall, corner
Of Santa Clara Avenue and Oak Street
AnAnrla
1. Roll Call - City Council, ARRA, CIC
2. Public Comment on Agenda Items Only
Anyone wishing to speak on agenda items only, may speak for a
maximum of 3 minutes per item
3. Adjournment to Closed Session to consider:
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Alameda Point
Negotiating parties: City Council, ARRA, CIC, and SunCal
Under negotiation; Price and terms
4. Announcement Of Action Taken in Closed Session, if any
5. Adjournment - City Council, ARRA, CIC
Beverly J n yor
Chair, AR C
~-'~~~
Housing ''
Authority of the City of Alameda
701 Atlantic Avenue -Alameda, California 94501-21 G 1 -TEL: X510} 747-4300 -FAX: ~S I0} 522-7$4$ - TDD: X510} 522-84G~
IF YCU VvISH Ta ADDRESS THE BOARD:
1. Please file a speaker's slip with the Executive Director, and
upon recogni#ion by the Chair, approach the rostrum and
state your name; speakers are limited to 3 minutes per item.
2. Lengthy testimony should be submitted in writing and only a
summary of pertinent points presented verbally.
3. Applause and demonstrations are prohibited during Board of
Commissioners meetings.
AGENDA SPECIAL MEETING oFTHE BOARD of CoMM1SSIONERS
DATE & TIME Tuesday, August 19, 208,1:25 PM
LoCATIQN City Hall, Council Chambers, Room 390, 2263 Santa Clara Ave., Alameda, CA
Welcome to the Board of Commissioners of the Housing Authority of the Cit of Alameda
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meeting. Regular Board of Commissioners meetings are held on the first Tuesda of each
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quarter in the Counc~i Chambers at City Hall.
Public Partici ation
Anyone wishing to address the Board on agenda items or business introduced b
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Commissioners may speak for a maximum of three minutes per agenda item when the
subject is before the Board. Please file a speaker's slip with the Housing Authorit Executive
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Director if you wish to address the Board of Commissioners.
PLEDGE CFALLEGIANCE
1. ROLL CALL -Board of Commissioners
2. CONSENT CALENDAR
^ Consent Calendar items are considered routine and will be approved or acce ted
p
by one motion unless a request for removal for discussion or explanation is
received from the Board of Commissioners or a member of the public.
2-A. Minutes of the Regular Board of Commissioners meeting held Jul ~ , 2005.
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Acceptance is recommended.
2-B. Amend Contract for Auditing Services. The Housing Commission and Chief Executive
Gfficer recommend the Board of Commissioners approve an amendment to extend
the term of the contract with Wallace Rowe & Associates from one year to five ears
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for an amount not to exceed $147,525 for the revised five-year term.
Special Meeting of the Board of Commissioners
August 19, 2048 Pa e 2
9
3. AGENDA
None.
4. ORAL C~MMUNICATICNS Non-A ends Public Comment
5. C4MMISSIGNER CGMMUNICATIGNS Communications from the Commissioners
6. ADJGURNMENT
**~
Note:
Materials related to an item on this agenda submitted to the Board of Commissioners
after distribution of the agenda packet are available for public inspection in the Housin
g
Authority of the City of Alameda, l01 Atlantic Avenue, Alameda, CA 94501 Burin
g
normal business hours.
Sign language interpreters will be available on request. Please contact Carol Weaver
Secretary, at 141-4325 voice or 522-8467 TDD at least l2 hours before the meetin to
9
request an interpreter.
Accessible seating for persons with disabilities including those usin wheelchairs is
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available.
Minutes of the meeting are available in large print.
Audiotapes of the meeting are available on request.
Please contact Carol Weaver at 147-4325 voice of 522-8461 TDD at least 72 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.
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SPECIAL JOINT MEETING OF THE CITY COUNCIL,
ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY ~ARRA}, AND
COMMUNITY IMPROVEMENT COMMISSION ~CIC}
TUESDAY - - - AUGUST l9, 2008 - - - 7:27 P.M.
Location: Cit Co~.nci~l C~aaer~, City Hall, corner of Santa Clara
Avenue and Oak Street.
Public Participation
Anyone wishing to address the Council/Board/Commission on agenda
items or business introduced by the Council/Board/Commission may
speak for a maximum of 3 minutes per agenda item when the subject
is before the Council/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, ARRA, CIC
2. CONSENT CALENDAR
Consent Calendar items are considered routine and will be
enacted, approved or adopted by one motion unless a request
for removal for discussion or explanation is received from the
Council/Board/Commission or a member of the public
2-A. Minutes of Special ARRA meeting held on July 1, 2008 and the
Special Joint City Council and Community Improvement
Commission Meeting held on August 5, 2008. [ARRA, City Council
and CICj Development Services and City Clerk}
2-B. Recommendation to authorize negotiation and execution of a
Sublease for Rockwall Wine Company, Inc. at Alameda Point.
[ARRA] Development Services}
2-C. Recommendation to authorize negotiation and execution of a
Sublease for Auctions by the Bay, Inc. at Alameda Point.
[ARRA] Development Services}
2-D. Recommendation to authorize the Executive Director to enter a
Contract, through PM Realty Group, with General Construction
Company to Dredge the Alameda Point Channel and Turning Basin
in an Amount Not to Exceed $2, 586, 675. [ARRA] Development
Service}
3. AGENDA ITEMS
3-A. Recommendation to concur with the Non-Binding Summary of Terms
and Conditions for a transfer of the Exclusive Negotiation
Agreement with SCC Alameda Point LLC to a New Entity with D.E,
Shaw or transfer of an Ownership Interest in the SCC Alameda
Point LLC to D.E, Shaw; and
Recommendation to authorize the City Manager/Executive
Director to negotiate a Second Amendment to the Exclusive
Negotiation Agreement with SCC Alameda Point LLC. [City
Council, ARRA, CIC] Development Services}
3-B. Oral report from Member Matarrese, Restoration Advisory Board
ARAB} representative. ~AR.R.A] Development Services}
4 , ADJOURNMENT --
City Council, ARRA, CIC
evenly h ayor
Chair, Al Re se and
Redevelopment Authority, and
Community Improvement Commission
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CITY OF ALAMEDA • CALIFORNIA
IF YOU U~ISH 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 - - - - - -- AUGUST 19, 2008 - - - - 7:30 P.M.
[Note: Regular Council Meeting convenes at 7:30 pm, City Hall,
Cc~~~acil C~amers, corner of Santa Clara Ave and oak St]
The Order of Business for City Council Meeting is as follows:
1. Roll Call
2. Agenda Changes
3. Proclamations, Special Orders of the Day and Announcements
4. Consent Calendar
5. Agenda Items
6. Oral Communications, Non-Agenda {Public Comment}
7. Council 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 JOINT MEETING OF THE CITY COUNCIL, ALAMEDA 6:30 P.M.
REUSE AND REDEVELOPMENT AUTHORITY, AND COMMUNITY
IMPROVEMENT COMMISSION, CITY COUNCIL CHAMBERS CONFERENCE ROOM
Separate Agenda Closed Session}
SPECIAL MEETING OF THE HOUSING AUTHORITY BOARD 7:25 P.M.
OF COMMISSIONERS, CITY COUNCIL CHAMBERS
Separate Agenda
SPECIAL JOINT MEETING OF THE CITY COUNCIL, ALAMEDA 7:27 P.M.
REUSE AND REDEVELOPMENT AUTHORITY, AND COMMUNITY
IMPROVEMENT COMMISSION, CITY COUNCIL CHAMBERS
Separate Agenda
1. ROLL CALL -City Council
2. AGENDA CHANGES
3. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
3-A. Presentation to the Climate Protection Task Force Members
recognizing their efforts for the successful completion of the
award-winning Local Action Plan for Climate Protection.
Planning and Building}
3-B. Presentation by the League of Women Voters on the
Redistricting Measure.
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 Regular City Council Meeting held on August 5,
2008. City Clerk}
4-B. Bills for ratification. Finance}
4-C. Recommendation to accept the Quarterly Investment Report for
period ending June 30, 2008. Finance}
4-D. Recommendation to award a Contract in the amount of $166,183,
including contingencies, to Chrisp Company for Annual
Striping, Phase 6, No. P.W. 10-07-31. Public Works?
4-E. Recommendation to accept the work of Golden Bay Construction,
Inc. for repair of Portland cement concrete sidewalk, curb,
gutter, driveway, and minor street patching, Fiscal Year 2006-
2007, Phase 8, No. P.W. 08-06~-18. Public Works?
4-F. Recommendation to adopt Plans and Specifications and authorize
Call for Bids for Citywide sewer mains and laterals video
inspection, Phase 2, No. P.W. 07-08-19. Public Works}
4-G. Recommendation to appropriate $46,600 in Dwelling Unit Tax
monies to Rittler Park irrigation and field renovation
improvements, No. P.W. 11-07-34. Public Works?
4-H. Adoption of Resolution Approving Final Map and Accepting
Associated Dedications and Easements for Tract 9689
Esplanade}. Public Works}
4-I. Adoption of Resolution Approving Street Names for the Grand
Marina Project. Planning and Building}
5. REGULAR AGENDA ITEMS
5-A. Adoption of Resolution Appointing Jane Q. Lee as a Member of
the Transportation Commission School District Seat?.
5-B. Public Hearing to consider an Appeal of the Planning Board's
Conditional Approval of a Major Design Review for an Addition
and a Remodel that Includes Raising a Single-Family Structure
and Constructing a Detached Two-Story Dwelling Unit at 3327
Fernside Boulevard, Within the R-2, Two-Family Residential
Zoning District; and adoption of related resolution. Planning
and Building
5-C. Public Hearing to consider an Appeal of the Planning Board's
denial of a Variance and Major Design Review to build an 868
square foot hobby woodworking structure at 1607 Pearl Street
2622 Edison Court, within the R-1, One Family Residence
District; and adoption of related resolution. Planning and
Building
5-D. Recommendation to adopt the Alameda Theatre Community Use
Policy and Fee Schedule. Development Services?
5-E. Adoption of Resolution Amending Master Fee Resolution No.
12191 by Changing Various Chuck Corica Golf Complex Rates.
~Golf7
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
7-A. Report on Fire and Police Department calls. [Mayor Johnson]
7-B. Consideration of creating an Ordinance Establishing an
Irrevocable Trust Fund for Other Post Employment Benefits
~OPEB} . '
[Councilmember Matarrese]
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 appointment to the
Youth Advisory 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
701 Atlantic Avenue - Alameda, California 94501-2161 -TEL: X510) 747-4300 -FAX: X510} 522-7848 - TDD: X510} 522-84U7
MINUTES
REGULAR MEETING QF THE BQARD QF CQMMISSIQNERS
4F THE HQUSING AUTHQRITY QF THE CITY OF ALAMEDA
HELD TUESDAY, JULY 1, 2008
The Board of Commissioners was called to order at 1:41 p.m.
PLEDGE OFALLEGIANCE
1. ROLL CALL
Present: Commissioner deHaan, Gilmore, Matarrese, Tam, Torrey and Chair
Johnson
Absent: None
2. CQNSENT CALENDAR
Commissioner Matarrese moved acceptance of the Consent Calendar. Commissioner
Tam seconded. Motion carried unanimously. Items accepted or adopted are
~nd~cated by an asterisk,
*2-A. Minutes of the Special Board of Commissioners meeting held April 15, 2008. Minutes
were accepted.
*2-B. Revise Authorized Travel. The Board of Commissioners:
1. Eliminated authorization for a Commissioner and a staff member to travel to
Nashville for the NAHR4 conference; and
2. Authorized one staff member to attend the public housing conversion training
offered by HUD in August 2009 in vllashington, D.C. or in September 2009 in
Chicago.
*2-C. Recommend Adoption of Pedestrian Plan. The Board of Commissioners
recommended to the City Council to adapt the Pedestrian Plan.
3. AGENDA
None.
4. ORAL CQMMUNICATIQNS
None.
HABQC
Item #2-ACC
08-19-~$
Minutes of the July 1, 2445
Regular Meeting of the Board of Commissioners
5. C~MMISSIQNER COMMUNICATIONS
Page 2
Commissioner Torrey thanked Commissioner Matarrese for comin to the Amateur
g
Radio Co-Op of Alamedas ~ARCA~ building site at 431 Stardust Place on June 28th to
see their ham radio capabilities.
Commissioner Matarrese questioned the implementation of a non-smokin olic at
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Independence Plaza and asked for a future report. He has spoken to several
residents who requested he investigate restricting smoking at the bus sto s on Atlantic
P
and Webster. Mr. Pucci acknowledged he will provide a report to the Commission.
Commissioner Torrey understood that Independence Plaza residents signed leases
with the non-smoking amendment included. He mentioned this should be an on- oin
g 9
process. Mr. Pucci said the policy is for the entire Independence Plaza complex;
anything inside the fence, units, and all common areas.
Chief Executive Officer Kurita explained Executive Director Pucci went through an
extensive process to assure that everyone was involved, aware, and understood the
reasons for the non-smoking policy. She commended him for the excellent process.
Char Johnson agreed, as there has been no dissent.
Commissioner Matarrese suggested implementing the policy at other Housin
g
Authority complexes.
6. ADJOURNMENT
There being no further business, Chair Johnson adjourned the meeting at 1:45 p.m.
Attest:
Beverly Johnson, Chair
Michael T. Pucci
Executive Director 1 Secretary
1
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~ut~.~ri t e
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701 Atlantic Avenue -Alameda, California ~454~ -21 ~~ -Tel: X510} 747-4300 -Fax: (510}522-784 - TDD; ~510~ 522-8457
To: Honorable Chair and
Members of the Board of Commissioners
From: Debra Kurita
Chief Executive officer
Date: August 19, 2008
Re: Amend Contract for Auditin Services
BACKGROUND
As a public agency, the Housing Authority is required to obtain an independent audit.
Under the Housing Authority's Procurement Policy and Procedures, which are in
compliance with HUD guidelines, it is now possible to enter into afive-year contract for
ongoing services. A multi-year contract is preferable for auditing services. The
Housing Commission reviewed and approved this recommendation at its regular
meeting on July 15, 2008.
DISCUSSIGN
The Housing Authority issued a Request for Proposals (RFP) for auditing services on
June 10, 2008. Under this RFP, proposals were ranked (assigned points) according to
the quality of the proposal (10 points), experience (10 points), timeline (10 points),
technical competence (30 points), specialized knowledge and ability (20 points), and
cost (20 points). A proposal could earn a maximum of 100 points. Three proposals
were received and the rankings based on the average of two evaluators are:
vlrallace Rowe & Associates Pleasant Hill} 93.5 points
Pates & Associates ~Gakland} 79.5 points
R. J. Ricciardi, Inc. San Rafael} 49.0 points
The firm of vUallace Rowe & Associates has been auditing the Housing Authority's
books for several years. They have the experience and expertise required to complete
the required audits over the next five years. Though the Housing Authority has had a
positive experience with this firm, references were checked and other due diligence
steps taken to ensure that this firm is qualified to be recommended for award of
contract. other housing authorities have advised that this firm is thorough and capable,
which mirrors this Housing Authority's experience. The principal, Wallace Rowe, is
directly involved in audit preparation.
HABOC
Item #2-B GC
08-19-08
Honorable Chair and Members August 19, 2005
of the Board of Commissioners Page 2 of 2
References for Patel & Associates were good; however, at least one agency expressed
a desire for more involvement by the principal of the firm. Members of the firm's staff
responsible for the audit were limited in experience and technical strength. R. J.
Ricciardi gave one reference for a small Section S-only housing authority. This firm
appeared to have no experience with public housing programs of our size and
complexity.
Due to time requirements for completing the audit for the fiscal year that just ended
June 30, 2005, the Executive Director has awarded cone-year contract to Wallace
Rowe & Associates for $27,915. Amending the contract to cover afive-year period
requires approval of the Board of Commissioners.
BUDGET CGNSfI]ERATIGNIFINANCIAL IMPACT
The Housing Authority's budget includes funding for auditing services for the current
fiscal and next fiscal year. There are adequate funds to cover both years. Future
budgets will incorporate sufficient funds to cover years three through five. It is unlikely
that funds would not be available in future years as audits are mandatory; however,
there is a provision in the contract that would permit termination.
RECGMMENDATIGN
The Housing Commission and Chief Executive Officer recommend the Board of
Commissioners approve an amendment to extend the term of the contract with Wallace
Rowe & Associates from one year to five years for an amount not to exceed $141,525
for the revised five-year term.
Respectfully submitted,
' Michael ucci
Executive Director
MTP;ED
AMEN DMENT TO AG REEMENT
This Amendment of the Agreement, entered into this day of August, 2008,
by and between the HOUSING AUTHORITY GF THE CITY GF ALAMEDA, a public
body corporate and politic thereinafter "AHA"} and UUALLACE ROUVE & ASSaCIATES,
partnership, whose address is 430 Verbena Court, Pleasant Hill, CA 94523,
thereinafter "Consultant"}, is made with reference to the following:
RECITALS:
A. On July 21, 2008, an agreement was entered into by and between AHA
and Consultant thereinafter "Agreement"}.
B. AHA and Consultant desire to modify the Agreement on the terms and
conditions set forth herein.
NOON, THEREFORE, it is mutually agreed by and between and undersigned
parties as follows:
1. Paragraph 1 of the Agreement is modified to read as follows: The
Consultant shall commence on the 21st day of July 2008 and shall terminate on the 30t~
day of June 2013.
2. Paragraph 3 of the Agreement is modifidied to read as follows:
Consultant shall be compensated for services performed pursuant to this Agreement for
an amount not to exceed one hundred forty-seven thousand five hundred twenty-five
dollars x$147,525} and in the manner set forth in Exhibit "B" which is attached hereto
and incorporated herein by this reference.
3. Except as expressly modified herein, all other terms and covenants set
forth in theAgreement shall remain the same and shall be in full force and effect.
IN WITNESS 1NHEREOF, the parties hereto have caused this modification of
Agreement to be executed on the day and year first above written.
V~ALLACE RO~IUE & ASSGCIATES HGUSING AUTHORITY GF THE
CITY OF ALAMEDA
G~/~ ~ ~.,.---
By: Wallace E. Rowe
Title: Principal
By:
Title:
Michael T. Pucci
Executive Director
Appr~o~ as to Form
ti
ASSfSTANT GENERAL COUNSEL
UNAPPROVED
MINUTES 4F THE REGULAR MEETING OF THE
ALAMEDA REUSE AND REDEVELGPMENT AUTHORITY
Tuesday, July 1, 2008
Present: Chair Beverly Johnson
The meeting convened at 12:44 a.m. X712108} with Chair Johnson presiding.
1. ROLL CALL
Boardmember Doug deHaan
Boardmember Frank Matarrese
Boardmember Marie Gilmore
Vice Chair Lena Tam
Chair Johnson was absent at the time of roll call, returned at approximately 12:5o a.m.,
during Item 3-A}
2. CONSENT CALENDAR
2-A. Approve the minutes of the Regular Meeting of June 4, 2008.
2-B. Approve a Sublease for Stafford Stafford Sent Packing at Alameda Point.
2-C. Accept a $128,000 Grant from the Federal
the North Housing Parcel Screening Prop
Execute Related Documents.
office of Economic Adjustment in Support of
ess and Authorize the Executive Director to
Approval of the Consent Calendar was motioned by Member Gilmore, seconded by
Member Matarrese and passed by the following voice votes: Ayes: 4, Noes: 0, Abstentions:
o.
3. REGULAR AGENDA ITEMS
3-A. Alameda Point Update
Debbie Potter, Base Reuse and Community Development Manager, gave a brief update on
Alameda Point activities. She stated that the highlight was the meeting that SunCal and ARRA
staff had with Navy staff in San Diego on June 5th. Discussions included talking to Navy staff
about beginning a process to kick off renegotiation of the term sheet, and the Navy has embraced
a schedule that will get us to a term sheet by July 2009. SunCal has been working over past 6-S
weeks on land use and infrastructure assumptions, and the costs associated with the infrastructure
proposals. Staff has also been working on the Federal legislation which was the focus of the
update at the last meeting. Not much has changed, legislation was passed by the House in May,
and is now awaiting activity in Senate. The Senate has not yet addressed the authorization bills,
but we expect that it will happen in the next couple of weeks. Ms. Potter introduced Pat Keliher,
SunCal's project manager on the Alameda Point project, to answer questions from the Board.
Member deHaan asked whether the language revisions on the legislation had been ironed out.
Ms. Potter explained that the revisions were made reflective of the direction from the ARRA and
that the Navy and the VA are currently reviewing the proposed changes.
Member Matarrese requested, for the public, that Ms. Potter comment and describe the letter the
Navy sent to the ARRA in response to the ARRA's request for funds to provide services to
Alameda Point. Ms. Potter explained that the Navy sent the ARRA a response that there is a 50
year Lease in Furtherance of Conveyance ~LIF4C} Agreement that allows us to lease the
property, collect revenue, and use the lease revenues for maintenance of the property. The Navy
further stated that they did not anticipate revisiting the terms of the LIFDC for maintenance
activities.
Member Tam asked if the Navy is implying we increase our lease rates in order to generate the
necessary funds we were requesting. Ms. Potter replied that that was the conclusion the Navy
has eluded to, but that they were not offering to step in, nor did they offer any options to
augmenting anything.
Member deHaan expressed his concern and dissatisfaction with the Navy's response -given that
the property is in a state of deterioration and does not make economic sense -and requested
further discussion. Chair Johnson agreed and requested the item be agendized and brought back
for discussion at the next ARRA meeting.
Pat Keliher gave a brief update on the high Ievel topics, including infrastructure, baseline
assumptions, and mitigation on some of the issues. He stated SunCal's goal for their consultants
and City Staff to agree on baseline assumptions, which affect the entire land plan. He's
optimistic that progress is being made to achieve that goal. The number one issue that SunCal
and City staff has agreed on was what to assume for global warming, sea level rise and the
design parameter, which is 1 S inches - a reasonable baseline to set design standards. All of the
land plan will be based on that assumption. Another important issue is the Floodplain and
mitigation. SunCal is evaluating the pros and cans of three main options: 1}elevate everything,
2} levy systems, or 3} a combination of the both. Mr. Keliher further discussed that their
Environmental consultants are working with the Department of Toxic Substances Control
~DTSC} and the Environmental Protection Agency EPA} to agree upon what these agencies will
allow SunCal to build -housing? housing over retail? What are the requirements? SunCal is
slowly getting answers from the agencies. Another high Ievel topic is the Sports Complex -
Nick Kosla of SunCal has been working with Dale Lillard, Recreation and Parks Director, to
identify and interview three master planners for the Sports Complex. They are hoping, that in
the next week or two, to select a master planner and begin the public process. The next
community meeting is scheduled on August 7t~' which will include a summary of the last
meeting and new information to date, as well as information on the Sports Complex. There is
also a plan to schedule the next meeting with the Navy at the end of July to discuss the Business
Model and Plan.
Mr. Keliher informed the Board that SunCal has conducted a survey an most of the existing
historic buildings to determine if their floor is above floodplain. Some hangars are still in the
floodplain, but most are out, including City Hall West. The survey gave SunCal an important and
good datapoint which is useful in evaluating their adaptive reuse formula.
Mr. Keliher concluded by informing the Board that SunCal has a new capital partner, which they
will bring back to the Board in August.
There was one speaker on this item, Bill Smith, who discussed several topics, including the 18-
inch baseline.
4. ORAL REPORTS
4-A. Oral report from Member Matarrese, Restoration Advisory Board ARAB}
representative.
Member Matarrese did not have a report, as the next RAB meeting in on Thursday, July 3rd
5. ORAL COMMUNICATIONS, NON-AGENDA PUBLIC COMMENT}
There were no speakers.
b. COMMUNICATIONS FROM THE GOVERNING BODY
Chair Johnson reported that she attended the Spring Meeting for U.S. Conference with Mayors,
and that it was very good. Member Tam asked if Chair Johnson had the opportunity to meet
Senator abama. Chair Johnson said she heard and saw Senator ~bama speak, but did not meet
him. She did, however, get BiII Clinton's autograph.
7. ADJOURNMENT
Meeting was adjourned at 1:00 a.m. ~71Z108} by Chair Johnson.
Respectfully submitted,
~/G~~a~
Irma Glidden
ARRA Secretary
UNAPPROVED
MINUTES OF THE SPECIAL JOINT CITY COUNCIL AND
COMMUNITY IMPROVEMENT COMMISSION ~CIC} MEETING
TUESDAY-- -AUGUST 5, 200$- -7:25 P.M.
Mayor/Chair Johnson convened the Special Joint Meeting at 10:08
p.m.
ROLL CALL - Present: Councilmembers/Commissioners deHaan,
Matarrese, Tam, and Mayor/Chair Johnson -
5.
Absent: Councilmember/Commissioner Gilmore - 1.
MTATTTrP~'C
SOS- } Minutes of the Special Community Improvement Commission
Meeting held on July 15, 2008. Approved.
Vice Mayor/Commissioner Tam moved approval of the minutes.
Councilmember/Commissioner deHaan seconded the motion, which
carried by unanimous voice vote - 4, fAbsent: Councilmember/
Commissioner Gilmore - 1.]
AGENDA ITEM
SOH- } Recommendation to approve Affordable Housing Agreement
with Warmington Homes for the Grand Marina Project.
The Development Services Director gave a presentation.
Councilmember/Commissioner Matarrese inquired whether the City has
an Affordable Housing Agreement with Warmington, to which the
Development Services Director responded in the negative.
Councilmember/Commissioner Matarrese inquired whether Warming has
committed to building 10 units at Grand Marina.
The Development Services Director stated the Agreement is being
considered tonight and has to be approved before 'Warmington can
pull building permits.
The Development Services Director continued her presentation.
Mayor/Chair Johnson stated tonight the Council/Commission is
considering an Agreement that would allow a project at Island High
Special Joint Meeting
Alameda City Council and 1
Community Improvement Commission
August 5, 208
as an option; inquired what public input opportunities would exist
should the Agreement move forward.
The Development Services Director responded Warmington would
respond to community input, follow the normal process, and work
toward a project that the School Board and Planning Board would be
comfortable with; if Warmington does not build on the site, the
CIC, working with School District, would go through the same public
process; if the Alameda Unified School District ~AUSD} and the CIC
do the project, there would be less opportunity to construct
moderate income units on the site because both the CIC and AUSD
money and tax credits support low and very low income, but not
moderate units; the Guyton Agreement restricts both AUSD's housing
dollars and most of the CIC's housing dollars.
Mayor/Chair Johnson inquired whether approval of a project is not
before the Council/Commission tonight, but that the Agreement,
which does not give any entitlements to any particular project, is
being considered.
The Development Services Director responded in the affirmative.
Councilmember/Commissioner deHaan stated the City had an Agreement
with Warmington for Veteran's housing; inquired how many units were
constructed.
The Development Services Director responded the 39 units at
operation Dignity were part of the Catellus project.
Councilmember/Commissioner deHaan inquired how much money Catellus
put into the project.
The Development Services Director responded Catellus was not
obligated to money into the project; stated the project was an
obligation of the CIC under the Development Agreement.
Councilmember/Commissioner deHaan inquired where the funding came
from,
The Development Services Director responded the deal was leveraged
with Multifamily Housing Program ~MHP} funds and tax credits;
stated about 2Qa of the equity contribution came from the CIC; the
CIC removed the units and was obligated to replace the units under
the law; the entire transaction assigned certain costs to the
public; Catellus loaned funds to the CIC.
Councilmember/Commissioner deHaan inquired how much Warmington
Special Joint Meeting
Alameda City Council and 2
Community Improvement Commission
August 5, 2008
would invest in the project.
The Development Services Director responded the amount would depend
on the number of units; stated an appraisal was done in the last
six months; lump sum lease payments, which total approximately $1
million, would be paid by Warmington; there would be a [funding]
gap depending on the number of units.
Councilmember/Commissioner deHaan inquired whether the houses that
would be constructed would be market rate if the [affordable]
houses are moved out of the development, to which the Development
Services Director responded in the affirmative.
Councilmember/Commissioner deHaan inquired whether the money that
the developer would make [off of additional market rate houses]
would be a wash with the money that would go into the Island High
site.
The Development Services Director responded it would depend upon
the number of units; stated the more units that are put on the
Island High site, the less cost per unit.
Councilmember/Commissioner deHaan inquired what percentage set
aside would have to be for sale and what percentage would have to
be rental units, to which the Development Services Director
responded specific percentages of for sale units and rental units
are not required.
Councilmember/Commissioner Matarrese inquired whether the decision
tonight is not how many units or how much units would cost, rather
the Council/Commission is simply deciding whether all 10 units
would be at the project site, whether the developer could consider
other sites for five units and whether nine units would be required
if five units are off site.
The Development Services Director responded in the affirmative;
stated if the units are constructed at the Island High site, there
is an outside limit of 36 units.
Councilmember/Commissioner Matarrese inquired where the number [36
units ] came from.
The Development Services Director responded the number uses the
Guyton exception to get as many units as passible; stated a Measure
A compliant project would be between 16 and 18 units.
Councilmember/Commissioner Matarrese stated Warmington needs to
Special Joint Meeting
Alameda City Council and
Community Improvement Commission 3
August 5, 20Q8
have an Affordable Housing Agreement for the Grand Marina project
to go forward; inquired whether the Agreement would not have to
include language about where the off site units would be placed.
The Development Services Director responded the Planning Board
acknowledged that if Island High, which was previously identified
in the Housing Element, was the off site location, it would be an
okay location because it meets other requirements.
Councilmember/Commissioner Matarrese inquired whether the nine
units could be built at Island High without going up to the maximum
number of units, to which the Development Services Director
responded in the affirmative.
Councilmember/Commissioner Matarrese inquired whether warmington
would simply be concerned with building nine units somewhere other
than the Grand Marina site, to which the Development Services
Director responded in the affirmative.
Councilmember/Commissioner Matarrese inquired whether the City
could authorize the Affordable Housing Agreement to either require
ten units on site or allow five units off site as long as four
additional units would be constructed.
The Development Services Director responded said explanation stops
short of allowing future credit for additional units; stated if
additional units are not going to be constructed, the [Island High]
site should be retained by the CIC and AUSD for construction of 16
to 1$ units.
Councilmember Matarrese stated that he is trying to separate out
what happens with the off site units; the developer needs to know
whether five or ten units would be on site [Grand Marina] in order
to get the project started; the City is requiring nine units if
five units are moved off site; questioned why the Agreement could
not stop there to get the project going; then, the Island High site
or any other site would go through the routine, normal planning
process; 36 units is an absurd number for the [Island High] site;
the site could carry multiple family units; teachers and School
District employees would have first shot at the units; a project
should not be predicated on putting as many units as possible on
the site, which is not the City's approach; the City`s approach has
always been to develop a quality product, such as Shinsei Gardens
and the Breakers; that he would like to cut the Agreement down to
what is needed to get the Grand Marina project started; then, the
process could work for the Island High site or any site where the
units might end up.
Special Joint Meeting
Alameda City Councii and 4
Community Improvement Commission
August 5, 2008
Mayor/Chair Johnson stated that the normal process would be
followed whatever site is selected.
The Development Services Director stated the Agreement would have
to be amended to give Warmington credit if additional units are
constructed.
Councilmember/Commissioner Matarrese stated the credit question is
within the envelope; the Agreement should address the number of
units; where the [off site] units would end up is another matter.
Mayor/Chair Johnson stated Councilmember Matarrese is not saying
the Agreement should stop at nine units, rather the matter should
be left up to the future process; the Developer could raise the
issue once a site is selected; the [off site] location is not
needed to move the Grand Marina project forward.
The Development Services Director stated the Agreement would have
to be amended if the Developer carne back to get credit for a
project over nine units.
Mayor/Chair Johnson stated the Agreement would not have to be
amended; there could be a separate Agreement to give credit towards
a different project.
Councilmember/Commissioner deHaan stated the City is going though
the Coast Guard housing process which will be no less than 2S4
houses that could easily be in the affordable range; inquired
whether said houses could be included.
The Development Services Director responded that she has no idea
what said number would be; stated providing accommodations to
formerly homeless people is a federal government requirement; it is
a whole different product type and is a federal disposition
process.
The Acting City Manager responded the site is a homeless site, not
an affordable housing site under the McKinney Act.
Councilmember/Commissioner deHaan inquired whether none of the
units could be used [for affordable housing], to which the Acting
City Manager responded not for inclusionary needs, but there are
other sites that potentially could be used.
Councilmember/Commissioner deHaan stated other developers would ask
to move units off site if the Agreement is approved; the additional
Special Joint Meeting
Alameda City Council and
Community Improvement Commission 5
August 5, 2008
units would land somewhere.
The Acting City Manager stated there are other relatively small
sites in the Housing Element that could be landing sites.
Mayor/Chair Johnson opened the public comment period.
Proponents ~In favor of staff recommendation}: William Schaff, AUSD
School Board President; Mark Rowson, Warmington Homes; Doug Davis,
AEB Partners; Michael John Torrey, Alameda; Andy McKinley.
Opponents Not in favor of staff recommendation}: Markus Roskothen,
Alameda; Mary Burson, Alameda submitted comments}; Patricia Paul,
Alameda; Janice Miles, Alameda; Brian Kernan, Alameda; Sandra
Schuitema, Alameda; Mary Hogan, Alameda; Melanie Wartenberg,
Alameda submitted petition}; Kate Smith, Alameda; Malyea Chop,
Alameda; Erik Miller, Alameda; Andy Olveir, Alameda; Adam
Garfinkle, Alameda; Anne Baer, Alameda; Nancy Clarke, Alameda;
Sarah Tbin, Alameda; Kurt Libby, Alameda submitted comments};
Joseph Yon, Alameda submitted comments}; Karen McCloud, Alameda;
Taiko Roskothen, Alameda; Billie Banford, Alameda; David Howard,
Alameda; Scott Meyerson, Alameda; Amy Parker, Alameda; Nancy Manos,
Alameda; Tom Antholzner, Alameda; Donna Layburn, Alameda; Doree
Miles, Alameda; Patricia Geraghty, Alameda; Gerry Torres, Alameda;
Gerald Yamasaki, Alameda; Nanetee Burdick, Alameda; Christopher
Buckley, Alameda submitted letter}; Anna Lee, Alameda; Trish
Spencer, Alameda.
*~*
X08- CC/08- CIC} Following Gerry Torres's comments,
Councilmember/Commission Matarrese moved approval of continuing the
meeting past midnight.
Councilmember/Commissioner deHaan seconded the motion, which
carried by unanimous voice vote - 4. [Absent: Councilmember
Commissioner Gilmore - 1.]
***
There being no further speakers, Mayor/Chair Johnson closed the
public comment period.
Councilmember/Commissioner deHaan stated the City set a 600
homeownership goal; the recommendation tonight is out of character;
the Planning Board and Economic Development Commission ~EDC} have
always wanted to have a balanced community; that he would support
keeping the inclusionary housing within the development.
Special Joint Meeting
Alameda City Councii and
Community Improvement Commission 6
August 5, 2Qa8
Councilmember/Commissioner Matarrese stated there are two goals: 1}
provide affordable housing homeownership opportunities, which would
be accomplished by including ten units at the Grand Marina
development; ~} allowing the Island High site to be developed into
affordable housing for teachers and AUSD employees, which is a
worthwhile project that needs to be included in the North of
Lincoln Street plan; there needs to be a discussion about the most
effective way to provide affordable housing, which might include
condominium conversions; that he would like the Island High project
to be separate and follow its own process; that he would like to
move the Warmington project forward.
Councilmember/Commissioner Matarrese moved approval of adopting an
Affordable Housing Agreement which includes the ten units on site
as inclusionary as was defined in the site plan.
Vice Mayor/Commissioner Tam inquired whether the motion is that all
affordable and moderate units remain on the [Grand Marina] site, to
which Councilmember/Commissioner Matarrese responded in the
affirmative.
Vice Mayor/Commissioner Tam seconded the motion.
Under discussion, Vice Mayor/Commissioner Tam stated one
neighborhood's requirements should not be shifted to another
neighborhood; other developers would begin to make the same request
if the City started allowing affordable unit to be built off site;
State MHP funds are available for rental units; inquired whether
the warmington project could subsidize five rental units on the
Grand Marina site without using MHP funds.
The Development Services Director responded that she could not
unequivocally state that the funds could not be used; stated the
parameters to qualify for MHP funds are that there be an on-site
manager and that the project meets certain conditions;
competitively, the projects have to rank against other projects
across the State; nobody has seen success with small projects;
other requirements with MHP funds and tax credits are amenities,
such as community centers and computers.
Vice Mayor/Commissioner Tam inquired whether the Developer could
turn units into rentals to meet the low-income requirement even
without access to MHP funds.
The Development Services Director stated the inclusionary ordinance
allows it [construction of rental units]; that she does not know
whether or not the developer would manage five units.
Special Joint Meeting
Alameda City Council and
Community Improvement Commission
August 5, 2008
Councilmember/Commissioner Matarrese stated the City still
maintains the Baal of increasing homeownership; the School District
surplused Island High to create very affordable rental units as a
tool for recruiting teachers and employees; there is opportunity to
do a lot of great things, such as meeting green standards and
creating a transit village; dropping the highest number of units on
the community, rather than talking about what should be there, is
not in the context of what the School District and City have talked
about for years.
Mayor/Chair Johnson stated that she agrees that the Council needs
to visit the issue of the best way to provide affordable housing
separately; the Economic Development Commission should review the
issue and make recommendations to Council.
On the call for the question, the motion carried by unanimous voice
vote - 4. Absent: Councilmember/Commissioner Gilmore - 1.]
ADJOURNMENT
There being no further business, Mayor/Chair Johnson adjourned the
Special Joint Meeting at 12:20 a.m.
Respectfully submitted,
Lora Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
Special Joint Meeting
Alameda City Council and
Community Improvement Commission
August 5, 2008
Alameda Reuse and Redevelopment Authority
Interoffice Memorandum
August ~ 9, 2008
T~: Honorable Chair and Members of the
Alameda Reuse and Redevelopment Authority
FRAM: Debra Kurita, Executive Director
2-B
SUBJ: Authorize Negotiation and Execution of a Sublease for Rockwall Wine
Company, Inc. at Alameda Point_„__ ,_,__ ,,.__,.
BACKGROUND
The Alameda Reuse and Redevelopment Authority ~ARRA} governing body approves all Alameda
Point subleases with a lease term greater than one year. The proposed sublease for Rockwall Wine
Company, Inc. is for five years, plus three, five-year options to extend.
DTSCUSST~N
Attachment A describes the business terms for the proposed sublease for Rockwall Wine Company,
Inc. in a portion of Building 24. The rent for Rockwall Wine Company, Inc. is $165,600 annually, or
$0.3450 per sq. ft. in the first year. There is a 3% increase each year in the subsequent years,
including the first option period, with an adjustment to current market rate at year 10, for catering,
wine production and wine storage. The lease provides for Rockwall Wine Company, Inc. to occupy
Building 24 for the first three months of the lease without paying rent to facilitate set-up, obtaining a
Certificate of Occupancy, and the necessary bonding and licensing with federal agencies. Building 24
is in good condition.
Rock'~V'all Wine Company, Inc. has requested a lease for five years plus three, five-year options to
extend the lease. There is language in the lease that once the extension has become operative, the
lease can be cancelled with a 6o day written notice.
The Rockwall Nine Company is represented by SABRE Real Estate Group. The base rent for the
five year term, including 3% annual increases and deducted three months of free rent, equals
$537,793, and the 5% commission would be $41,590. SABRE has requested the payment of their
commission in a schedule that differs from the ARRA's standard practice in the following:
The landlord will pay SABRE $10,000 within 30 days of a fully executed lease. After the free rent
period and upon commencement of base rent, the base rent for the first five months shall be $7,422
instead of $13,500 because the tenant shall pay SABRE $6,378 a month, as part of the commission.
In accordance with the Exclusive Negotiating Agreement between the ARRA and SunCal
Companies, this lease has been discussed with representatives from SunCal Companies and has their
concurrence.
Honorable Chair and Members of the August 19, 2008
Alameda Reuse and Redevelopment Authority Page 2
BUDGET CONSIDERATION l FINANCIAL IMPACT
This lease will generate $82,310 instead of $124,200 in the first year because of the three months of
free rent and the payment of $41,890 commission. Subsequently, rent is $165,600 annually. These
funds will be retained by the ARRA.
RECONIlVIENDATIGN
Authorize Negotiation and Execution of a Sublease for Rockwall Wine Company, Inc, at Alameda
Point.
Respectfully submitted,
Leslie Little
Development Services Director
By: anette Banks
Finance & Administration Manager
Attachment: A. Proposed Sublease Business Terms
B. Site Map
ATTACHMENT A
PR4P45ED SUBLEASE BUSINESS TERMS
TENANT BUILDING SIZE (SF) TERM RENT
Rockwall Wine 24 40,000 5 yrs + Three 5 $13,800/mo.
Company, Inc. yr Extension
O tions
X l ~I X ATTACHMENT B
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Alameda Reuse and Redevelopment Authority
Interoffice Memorandum
August 19, 2008
TD: Honorable Chair and Members of the
Alameda Reuse and Redevelopment Authority
FRUM: Debra Kurita, Executive Director
2-C
SUSJ: Authorize Negotiation and Execution of a Sublease for Auctions by the Bay, Inc.
at Alameda Point
BACKGRGUND
The Alameda Reuse and Redevelopment Authority (ARRA) governing body approves all Alameda
Point subleases with a lease term greater than one year. The proposed sublease for Auctions by the
Bay, Inc. is for three years.
DISCUSSIaN
Attachment A describes the business terms for the proposed sublease for Auctions by the Bay, Inc. in
a portion of Building 25. The rent for Auctions by the Bay, Inc. is $152,544 annually, or $0.35 per
sq. ft. in the first year and a 3°Io increase each year in the subsequent two years. The building will be
used for general office, warehousing, auctions and indoor antique fairs. The lease provides for
Auctions by the Bay, Inc. to occupy Building 25 for the first month of the lease without paying rent
to facilitate move-in. Building 25 is in good condition.
In accordance with the Exclusive Negotiating Agreement between the ARRA and SunCal
Companies, this lease has been discussed with representatives from SunCal Companies and has their
concurrence.
BUDGET CGNSIDERATIGN l FINANCIAL IMPACT
This lease will generate $139,832 in the first year. These funds will be retained by the ARRA.
REC4NIlVIENDATI4N
Authorize Negotiation and Execution of a Sublease for Auctions by the Bay, Inc.
Honorable Chair and Members of the
Alameda Reuse and Redevelopment Authority
August 1 ~, 2005
Page 2
Re pec lly submitt
Leslie Little
Development Services Director
~.~~
By: Nanette Banks
Finance & Administration Manager
Attachment: A. Proposed Sublease Business Terms
B. Site Map
ATTACHMENT A
PR4P4SED SUBLEASE BUSINESS TERMS
TENANT BUILDING SIZE (SF) TERM RENT
Auctions b the Ba ,Inc. 25 36,319 3 ears $12,712/mo.
~~
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City of Alameda
Alameda Reuse and Redevelopment Authority
August 19, 2008
T0; Honorable Chair and Members of the
Alameda Reuse and Redevelopment Authority
FROM: Debra Kurita
Executive Director
2-D
RE: Authorize the Executive Director to Enter a Contract, through PM Realty Group,
with General Construction Company to Dredge the Alameda Point Channel and
Turning Basin in an Amount Not to Exceed $2,5$6,675
BACKGROUND
The Alameda Reuse and Redevelopment Authority (ARRA) is proposing to dredge the
navigational entrance channel to Alameda Point and the turning basin and dispose of the dredged
material at the Alcatraz Environs In-Bay disposal site. The Alameda Point entrance channel is
located in the eastern portion of San Francisco day at the west end of Alameda.
The proposed maintenance dredging episode involves the removal of accumulated sediment in
order to return the channel to a depth that would allow unencumbered maneuvering of vessels.
The proposed dredge depth is -34 feet below Mean Lower Low Water (-34 feet MLLW) with a
two-foot over dredge tolerance.
The U.S. Navy acquired the property known as Alameda Point in 1936 and began constructing
the deep water port facilities in 1938. The Alameda Point Channel was used for berthing of
various Navy ships including aircraft carriers. The existing channel is approximately 1,000 feet
wide with a 2,450-foot turning basin located on the eastern end of the approach channel. The
channel has an authorized depth of -42 feet MLLW and prior to decommissioning of the base,
had been maintained to a depth of ~0 feet MLLW by the Navy. The Navy last dredged the
channel in November 1996, while the ARRA dredged the channel in October 2005. The 2005
ARRA dredge depth was -32 feet MLLW with atwo-foot over dredge tolerance. The proposed
2008 maintenance dredging for the Alameda Point Channel and turning basin is deeper in order
to reduce the frequency of dredging. PM Realty Group ~PMRG}, the ARRA's property manager,
PMRG wi11 use a City Attorney-approved form of contract to facilitate the proposed dredging
project utilizing the lowest bid received from four companies.
Honorable Chair and Members of the
Alameda Reuse and Redevelopment Authority
T~TS~TIS~T~N
August 19, 2008
Page 2
The ARRA placed an ad in the local press to request qualifications for bidding the project from
May 23 -June 3, 2008. Seven companies responded to the request and all were qualified to bid
on the project. The schedule for the selection was as follows:
June 23, 2005 Bid documents issued to the qualified bidders
July 1, 2008 Pre-bid meeting
July S, 2005 Deadline for Questions
July 16, 2008 Bid due date.
Bids were received from four of the seven bidders as indicated in bold:
• American Civil Constructors, Benicia, CA - $3,523,020
• Dutra Dredging Company, San Rafael, CA - $Z,42Z,450
• General Construction Company, Poulsbo, wA - $2,069,340
• Great Lakes Dredge & Dock Company, LLC, Dak Brook, IL
• Manson Construction Co., Richmond, CA - $2,336,000
• Salt River Construction Corporation, Tiburon, CA
• Vortex Marine Construction, Inc., Gakland, CA
Dredging is set to begin September 2005 and will last for thirty days. All relevant permits were
received prior to bidding the project.
BUDGET C4NSIDERATI~N l FINANCIAL IMPACT
The bid for this project is $2,069,340 with an added 25%a contingency to allow for incidental
overdredging or removal of additional material shoaled since the last channel survey. The total
expenditure for the contract is $2,586,675.
There is no fiscal impact to ARRA lease revenue or the General Fund. The U.S. Maritime
Administration ~MARAD~ reimburses the ARRA for all dredge events as a condition of their
long-term lease.
RECaMIVIENDATI~N
Authorize the Executive Director to Enter a Contract, through PM Realty Group, with General
Construction Company to Dredge the Alameda Point Channel and Turning Basin in an Amount
Not to Exceed $2,586,675.
Honorable Chair and Members of the
Alameda Reuse and Redevelopment Authority
August 19, 2005
Page 3
Res e lly submitted,
~--
Leslie Litt e
Developmen rvices Director
c
By: Nanette Ban
Finance & Administration Manager
CITY OF ALAMEDA
Memorandum
To: Honorable Mayor and
Members of the City Council
Honorable Chair and
Members of the Alameda Reuse and Redevelopment Authority
Honorable Chair and
Members of the Community Improvement Commission
From: Debra Kurita
City ManagerlExecutive Director
Date: August 19, 2005
Re: Concur with the Non-Binding Summary of Terms and Conditions for a
Transfer of the Exclusive Negotiation Agreement with SCC Alameda
Point LLC to a New Entity with D, E. Shaw or Transfer of an ownership
Interest in the SCC Alameda Point LLC to D, E. Shaw
Direct the City ManagerlExecutive Director to Negotiate a Second
Amendment to the Exclusive Negotiation Agreement with SCC Alameda ,
Point LLC
BAC KG R~ U N D
~n July 1S, 2047, the Alameda Reuse and Redevelopment Authority ARRA ,
}
Community Improvement Commission ~CIC}, and City together "Alameda"} ap roved
p
an Exclusive Negotiation Agreement ENA} with SCC Alameda Pont LLC Developer},
which is an entity of SunCal Companies ~SunCal}, for the redevelopment of Alameda
Point. The 24-month ENA established key performance milestones; provided for
reimbursement of ARRA staff and third party costs; identified activities to be completed
involving third party entities; specified key personnel assigned to the project; and
described the process for transferring the ENA,
The ENA was amended in March 2005 to provide more time to complete two tasks:
preparation of the Development Concept and related documents, and preparation of the
draft master plan. In addition, SunCal was required to deposit $350,000 a quarter, over
the $350,000 deposit previously required for ARRA cost recovery, and spend $117,000
a month, for consultant costs to ensure progress on developing the required documents.
SunCal has requested authorization to secure a financial partner to complete its
obligations under the ENA. The addition of a financial partner is considered a transfer
under the ENA and requires approval by the boards of the ARRA and the CIC, and b
y
ccrAR~ucic
Agenda item #3-A
08-19-08
Honorable Chair and August 19, 2ooS
Members of the Alameda Reuse and Redevelopment Authority Page 2 of 9
Honorable Mayor and
Members of the City Council
Honorable Chair and
Members of the Community Improvement Commission
the City Council. As part of considering the requested transfer, staff is also requestin
. g
that the ARRAICICICity Council consider a second amendment to the ENA.
The requested authorization to secure a financial partner was originally scheduled for a
special meeting of the ARRAICICICity Council on June 4, 2ooS. SunCal requested that
the item be continued to a later date. The ARRAICICICity Council briefly discussed the
item on June 4, took no action, and continued the item as requested.
DISCUSSION
Alameda selected SunCal as the Alameda Point master developer based on its
expertise in developing complex mixed-use projects, the experience of its key
personnel, and its financial wherewithal to spend the necessary funds to entitle a large
project over a ~4-month timeframe. Each of these factors is critical to assuring the
successful completion of property conveyance from the Navy, environmental
remediation of the site, and receipt of planning approvals to build amixed-use project.
Although SunCal indicated from the beginning that it would secure a financial partner to
assist in redeveloping Alameda Point, the company initially represented that it would
self-fund the ENA-period expenditures. However, with the changing real estate market,
SunCal is now requesting authorization to either transfer the ENA to a new develo er
p
entity, or to transfer an Qwnership Interest has defined in the ENA} in the master
developer entity, SCC Alameda Point LLC, to a financial partner. Given the importance
of the master developer's role in redeveloping Alameda Point, the decision to modify the
master developer entity, SCC Alameda Point LLC, is significant. Therefore, transferring
the ENA, or transferring an interest in the existing master developer entity, is prohibited
under the ENA without the prior written consent of Alameda, which is given at
Alameda's sole discretion.
SunCal has selected D.E. Shaw, an international hedge fund headquartered in New
York, as its financial partner. D. E. Shaw is SunCal's financial partner on a 57,000-acre
project outside of Albuquerque, New Mexico. That project is currently in the pre-
developmentstage. As part of its request to transfer the ENA to a new developer entit ,
. Y
SunCal provided f~nanc~al information on D.E. Shaw to Alameda. Vvith the assistance of
Economic & Planning Systems CEPS}, Alameda's economic consultant, staff has
confirmed that D.E. Shaw has liquid assets sufficient to fully fund the investment
required to develop any foreseeable Alameda Point development plan. D. E. Shaw's
core areas of investment are in high tech companies. Although its portfolio includes
some significant investment in existing properties, D.E. Shaw's experience with the
Honorable Chair and August 19, 2008
Members of the Alameda Reuse and Redevelopment Authority Page 3 of 9
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development of complex real estate projects is limited in comparison to other
specialized real estate funds.
SunCal and D.E. Shaw have negotiated and executed a term sheet that will form the
basis of an operating agreement for the new relationship. The new operating and
financing entity will consist of a group of seven to ten real estate development projects.
There will be a master operating agreement that covers issues common to all of the
projects, as well as separate operating agreements specific to each development.
SunCal anticipates that these operating agreements may not be finalized for some
period of time.
In response to the ARRAICICICity Council's request on June 4, the signed term sheet
was provided to Alameda under separate cover and will be discussed in a special
closed session on August 19. SunCal has identified this document as confidential, and
not a public record. Pursuant to the ENA, SunCa! is obligated to bear all costs
associated with a dispute that the document is a public record.
A typical term sheet contains provisions such as the amount of money pledged by each
party, how the money will be spent, which party is responsible for day-to-day project
management, how profits will be disbursed among the parties based on an established
internal rate of return, and the circumstances under which the managing member of the
partnership and its key staff can be removed. These issues were of key concern to
Alameda when the ENA was originally approved last July, and this concern is reflected
in the ENA provision that gives Alameda the absolute discretion to approve or reject any
proposed transfer of an ENA interest.
The executed term sheet, which is anon-binding summary of terms and conditions,
addresses some of these issues, but leaves much of the detail to be specified in an
operating agreement, which has yet to be finalized. U1lithout an operating agreement
that contains the precise business provisions of the new relationship or entity, and that
reflects key provisions essential to successful project execution, it is difficult to
recommend, without reservation, that Alameda consent to the requested transfer of the
ENA or transfer of an Ownership Interest in the ENA. Therefore, staff recommends the
ARRA Board, CIC, and City Council establish key provisions that must be part of any
operating agreement, as a condition of consenting to the requested transfer. These
provisions could be incorporated into a term sheet as discussed below.
Honorable Chair and August 19, 2008
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SunCaIID.E. Shaw Term Sheet
~„ ~.
Since the June 4 meeting when this item was originally scheduled for consideration,
staff met with SunCal to discuss the proposed key provisions to be addressed in the
term sheet and operating agreement. The initially proposed core provisions, contained
in the June 4 staff report, are listed below, along with a discussion of the term sheet as
it relates to each key provision.
Dav-to-Dav Management
SunCal should retain responsibility for the day-to-day management of the new entity.
SunCal was selected as master developer because of its expertise, and the new entity
should retain that expertise to move Alameda Point through the entitlement process.
This is especially important if the new financial partner is less experienced with complex
real estate development projects.
The term sheet names SunCal as the managing investor with day-to-day responsibility
far managing the development. However, the authority to make "major decisions",
which is discussed below, and D.E. Shaw's unilateral right to take action for not} on
behalf of the new entity, restrict how much authority SunCal will have as the managing
partner.
SunCal's Fqui~y lnveslment
SunCal should maintain 15% of the equity in the new relationship or entity through the
term of the ENA. SunCal has self-funded its due diligence and ENA activities to date. It
should retain a financial stake in the new venture to help ensure its commitment to the
project.
SunCal has informed staff that the Alameda Point project is part of a $250-300 million
portfolio of seven to ten SunCal projects that D. E. Shaw will finance. The term sheet
acknowledges that SunCal has previously contributed at least $1.5 million of equity to
the projects within the entire pooled fund of seven to ten projects. SunCal is requesting
that the requirement to maintain 15°/° of the equity in the new relationship or entity be
fulfilled by the prior contribution of $1.5 million X15°/° of the anticipated $10 million
necessary to achieve the entitlements and other approvals contemplated in the ENA}.
SunCal does not anticipate that its existing $1.5 million equity contribution will be repaid
during the ENA period; therefore, SunCal maintains it will continue to have a financial
stake in the new venture.
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Removal of SunCa1 as Nlanapinp Partner
SunCal should not be removed as managing partner during the term of the ENA except
for cause, such as breach of fiduciary duty or causing a default under the ENA, and
then only if Alameda accepts the replacement managing member. This provision
ensures that Alameda receives the experience and expertise it bargained for when it
selected SunCal as its master developer and entered into an ENA for entitlement of
Alameda Point as amixed-use project.
The term sheet precludes D.E. Shaw from removing SunCal as managing investor for
one year except for material default such as gross negligence, fraud, or willful
misconduct. The ENA has a 24-month term with approximately 11 months left in the
term. The ENA also includes a 12-month progress extension that is automatically
granted if certain conditions are met. Consequently, while SunCal could not be
removed, except for cause, during the initial term of the ENA, D.E. Shaw would be
permitted to remove SunCal for any reason during the automatic one-year extension.
Aa~e_ ua ate Cac~ita! to Fund F1VA Obll, atlons
The term sheet should require an initial capital contribution from the members of the
entity of $10 million. Staff estimates that $10 million will be required to conduct a!I of the
obligations under the ENA, such as preparing the Development Concept and master
plan, conducting the environmental review, completing conveyance, and negotiating the
Disposition and Development Agreement ~DDA}. Staff recommends that the entity have
sufficient funds available and under the control of the managing partner to fulfill its
obligations under the ENA.
The term sheet states that D.E. Shaw expects to commit $10 million to the project.
Business Plan
In addition to negotiating an operating agreement, SunCal and D.E. Shaw will prepare a
business plan that will be updated quarterly. The business plan should demonstrate
that $10 million in capital is available for the project, and to the managing partner, and
should specify that the $10 million is available for tasks and activities that meet the
milestones contained in the ENA. In no event should the quarterly update of the
business plan modify the business plan to reduce the $10 million capital commitment or
the managing partner's ability to control those funds as specified and a roved in the
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original business plan.
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The term sheet acknowledges that initial and annual budgets and business fans will be
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prepared. SunCal and D.E. Shaw will both agree to the initial budget and business
plan; however, D.E. Shaw retains sole and absolute discretion over ap royal of the
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initial budget. Subsequent budgets and business plans will be prepared b SunCal and
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approved by D.E. Shaw. The contents of the business plan are not addressed in the
term sheet.
Decision-~lakinp Authori
As managing investor, SunCal should retain the authority to make all decisions exce t
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"mayor dec~s~ons". Retaining decision-making authority is key to car in out the
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obligations of master developer and ensuring timely completion of the protect. It is a
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core interest of Alameda that its selected master developer, SunCal, retain control over
the master planning and entitlement process.
Staff initially recommended that major decisions be limited to the terms and conditions
of the conveyance of Alameda Point from the Navy and the terms and conditions of the
DDA. In addition to these two items, the term sheet includes the annual) uarterl
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business plan and annual budget as major decisions. Major decisions ma onl be
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made with written approval of D, E. Shaw. While the term sheet limits major decisions, it
also provides that D.E. Shaw shall have the unilateral right to take any action, or no
action, in its sole discretion. Further, SunCal's decision-making authority for da -to-da
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management is limited to the approved business plan, which is a major decision. The
result is that, although Alameda selected SunCal as its master developer, D.E. Shaw
will have ultimate authority under the new venture for all decisions necessa to car
~ ry
out the master developer's obligations under the ENA,
Cross-Default arr~ Cross-Collateralizatiorr
The term sheet should prohibit cross-default and cross-collateralization, D.E. Shaw is a
financial partner with SunCal on other real estate deals. In no event should the
operating agreement for the Alameda Point entity provide that a default by a part under
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a different agreement be a default under the operating agreement. In addition, the
operating agreement should not provide an opportunity for funds generated b this
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protect, or the value created through successful entitlement of Alameda Point, #a be
pledged to another project, thereby adversely affecting the viability of Alameda Point.
As discussed above, the Alameda Point project will be part of a tar er fund that will
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include seven to ten other SunCal projects. The pooled nature of the fund recludes a
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prohibition on cross-collateralization. All of the projects within the fund will be cross-
collateralized. Therefore, SunCal is requesting that this core criterion be eliminated.
The executed term sheet does not fully address the core provisions listed above.
However, several of the key principles, including: not removing SunCal as mans in
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investor for one year, except in event of material default; a SunCal equi contribution of
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$1.5 million; and D.E. Shaw's expectation of committing $10 million to the ro'ect
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through the ENA period, are contained in the term sheet. SunCal maintains that it has
negotiated the best term sheet possible given the existing tight credit market and the
high-risk nature of the Alameda Point project. SunCal has requested that Alameda
approve the transfer of the ENA or a transfer of an ownership Interest in the master
developer entity based on the executed term sheet. SunCal and D.E. Shaw are
currently negotiating an operating Agreement based on the term sheet provisions.
Second Amendment to the ENA
The primary concerns aver the transfer of project decision-makin authori from
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SunCal to D.E. Shaw are that development decisions can be assumed b an enti with
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limited experience with development, and development decisions will be made b an
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entity that is based in New York and less informed as to the day-to-day issues involvin
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the project. The first concern cannot be addressed by changes to the ENA. However
the second concern can be addressed by amending the ENA to provide for the active
participation of D. E, Shaw in negotiations with Alameda when necessary on si nificant
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matters directly under D. E. Shaw's control.
In addition to the need for new provisions to facilitate the direct partici ation of the
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f~nanc~al partner in negotiations with Alameda, the ENA Milestone Schedule no Ion er
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reflects the realties of the project. Pending federal leg~slat~on requires the Alameda
Point master developer to conclude any conveyance term sheet ne otiations b mid-
, 9 Y
year 2009. Notwithstanding that legislation, the Navy has indicated that it is not willin
9
to negotiate with the ARRA past that deadline in any case. Also, SunCal has indicated
that it will likely proceed with a development plan that would require ap royal b the
p y
Alameda electorate. The ENA Milestone Schedule does not contemplate this t e of
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entitlement process and should be amended to comport with the timeframes such an
effort requires.
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Next Ste s
It is appropriate for Alameda to provide direction to SunCal regarding its willin Hess to
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approve the transfer request based on the executed term sheet. Alameda has a
number of options regarding approval of the requested transfer:
1. Alameda can concur with the term sheet provisions, without condition, and
authorize the City ManagerlExecutive Director to execute a transfer upon receipt
of the Operating Agreement consistent with the term sheet.
2. Alameda can concur with the term sheet provisions and direct the Ci
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ManagerlExecut~ve Director to return for final approval of the transfer followin
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receipt and review of the Operating Agreement.
3. Alameda can deny the requested transfer.
4. Further, Alameda can direct that the ENA be amended to address Alameda's
concerns over the transfer of decision making to D. E. Shaw and to modify the
mandatory milestones to reflect the new direction of the project.
Staff recommends that Alameda concur with the term sheet provisions as a basis for
negotiating and executing an operating agreement for the new entity responsible for
carrying out the obligations under the ENA. Based on the limited success of addressin
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a number of the recommended core provisions, ultimate approval of the transfer could
be conditioned on amending the ENA.
As noted above, several key provisions are included in the term sheet, includin D. E.
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Shaw s obl~gat~on to retain SunCal as managing investor for one year, D. E. Shaw's
anticipated commitment of $10 million to the project to secure the necessa
ry
entitlements, and SunCal s $1.5 million equity stake ~n the pooled fund. However, there
are several provisions that limit SunCal's decision-making authority and potentially its
ability to manage the project. For example, the terms sheets establishes the uarterl
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business plan is a mayor decision, and D. E. Shaw must approve all major decisions in
writing, The annual budget is a component of the business plan. Both the business
plan and annual budget are subject to D.E. Shaw's approval in its sole and absolute
discretion. In addition, D.E. Shaw has the unilateral right to cause the partnershi to
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take any action, or no action, as it determines necessary and appropriate. As the
financial partner, these are rights on which D. E. Shaw is insisting and to which SunCal
has agreed.
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Given the critical role that D.E. Shaw will have in carrying out the ENA obli ations, such
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as approving the business plan, annual budget, the Navy conveyance term sheet, and
the DDA, it is important to evaluate the ENA relative to the new business structure to
ensure that it is an effective agreement for the second half of the ENA term. Staff has
identified several ENA provisions that should be amended as part of ap rovin the
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transfer request as discussed above.
BUDGET C4NSIDERATI~NIFINANCIAL IMPACT
Concurring with term sheet provisions that may ultimately lead to a transfer of the ENA
or a transfer of an Qwnership Interest in the master developer entity, SCC Alameda
Point LLC, does not modify the financial provisions contained in the ENA re ardin
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reimbursement of staff and ARRA third-party consultant costs. The current bud et,
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wh'ch ~s an exhibit to the ENA, provides for an average of $39,000 a month in
reimbursement for staff costs. Therefore, there is no fiscal impact to the City's General
Fund, CIC, or ARRA budgets.
REC~MMENDATIGN
Concur with the term sheet provisions as a basis for an ~ eratin A reement f
p g g or a new
entity to carry out the ENA, either through a transfer of the ENA or a transfer of an
Gwnership Interest in the master developer and direct the City Mana erlExecutive
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Director to negotiate a second amendment to the ENA to address Alameda's concerns
over the transfer of decision making to D. E. Shaw, and to modify the mandato
. ry
milestones to reflect the new d~rect~on of the project.
Respe ully submitted,
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David Brandt
Assistant City ManagerlDeputy Executive Director
By; Debbie Pot#er
Base Reuse and Community Development Manager
UNAPPRQVED
MINUTES OF THE REGULAR CITY CQUNCIL MEETING
TUESDAY- -AUGUST 5, 20Q$- -7:3d P.M.
Mayor Johnson convened the Regular Meeting at 7:38 p.m.
Councilmember deHaan led the Pledge of Allegiance.
ROLL CALL - Present: Councilmembers deHaan, Matarrese, Tam and
Mayor Johnson - 4.
Absent: Councilmember Gilmore - 1.
AGENDA CHANGES
None .
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
~0$- ~ Presentation by East Bay Municipal Utility District
~EBMUD~ Representative Doug Linney regarding drought.
Doug Linney, EBMUD Ward 5 Representative, discussed the current
water shortage.
Mayor Johnson inquired whether Homeowner Associations are on board
with water conservations measures,
Mr. Linney responded all Associations have been encouraged to get
in contact with EBMUD because they have better opportunities to
save more water.
Councilmember deHaan stated recycled water from the Davis plant is
used at the Golf Course; inquired when landscaping grade recycled
water would be available.
Mr. Linney responded there are plans for recycled water to go to
Alameda Point, but he is not aware of plans to go to the Golf
Course; that he has asked staff to look into the complaints about
the water causing same salinity; staff ensures him that they are
working on the matter and the issue can be solved without bringin
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in water from the other plant.
Vice Mayor Tam stated EBMUD requested Public Works staff to cease
using fire hydrants for street sweeping purposes, which is an
essential service to meet water quality requirements; inquired
whether there is a way to allow Public Works to get recycled water
at the Golf Course instead of having the trucks get water near the
Bay Bridge; further inquired whether an interim measure could be
put in place until the matter is resolved.
Regular Meeting
Alameda City Council 1
August 5, 2008
Mr. Linnet' responded that he would be happy to work with the City
and EMBUD to find a solution.
Councilmember Matarrese inquired whether EBMUD would be providing a
scorecard on whether the City is meeting a goal similar to waste
and electricity savings.
Mr. Linnet' responded the idea is interesting and he would look into
the matter.
Mayor Johnson stated there are questions about whether recycled
water can be used on the City's par 3 course; Council was informed
that the proximity to residential areas prohibits the use of
recycled water; people have heard different answers.
Mr. Linnet' stated that he would get an answer.
Councilmember deHaan noted an adjacent playing field could use
recycled water, too.
Vice Mayor Tam stated the City Manager contacted EBMUD recycling
staff and learned that the quality of water would require an extra
level of treatment that currently does not exist; the proximity to
residential homes requires potable water to be used for public
health reasons.
Mr. Linnet' stated it might be possible to make improvements.
Mayor Johnson stated golfers need to be informed of the correct
answer.
X08- ~ Presentation by the Library Foundation regarding public
art at the new Main Library.
Luzanne Engh, Alameda Free Library Foundation President, gave a
Power Point presentation,
CONSENT CALENDAR
Councilmember Matarrese moved approval of the Consent Calendar.
Vice Mayor Tam seconded the motion, which carried by unanimous
voice vote - 4. [Absent: Councilmember Gilmore - 1.] [Items so
enacted or adopted are indicated by an asterisk preceding the
paragraph number.]
~*08- 7 Minutes of the Special and Regular City Council Meetings
held on July 1, 2008; and the Special City Council Meeting, Special
Joint City Council and Public Utilities Board Meeting, and Regular
Regular Meeting
Alameda City Cauncii 2
August 5, 2008
City Council Meeting held on July 15, 2008. Approved.
~*08- } Ratified bills in the amount of $9,112.893.30.
~*08- } Recommendation to award Contract in the amount of
$511,680, including contingencies, to Golden Bay Construction, Inc.
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. Accepted.
~*08- } Recommendation to award Contract in the amount of
$211,543, including contingencies, to D&D Pipelines, Inc, for
Woodstock storm drain improvements, No. P.W. 06-OS-18. Accepted.
~*08- } Recommendation to adopt Plans and Specifications and
authorize Call for Bids for pruning of City trees for Fiscal Year
ending June 30, 2009, No. P.W. 07-08-20. Accepted.
REGULAR AGENDA ITEMS
X08- } Resolution No. 14254, "Appointing Leslie Krongold as a
Member of the Commission on Disability Issues." Adopted; and
X08- A} Resolution No. 14255, "Appointing Donna Milgram as a
Member of the Economic Development Commission Community-at-Large
Seat}." Adopted.
Councilmember Matarrese moved adoption of the resolutions.
Councilmember deHaan seconded the motion, which carried by
unanimous voice vote - 4. [Absent: Councilmember Gilmore - 1.]
The City Clerk administered the Oath of Office and presented Ms,
Krongold and Ms. Milgram with certificates of appointment.
X08- } Public Hearing to consider an appeal of the Planning
Board's denial of a variance and Major Design Review to build first
and second-story covered decks at the rear of an existing four-unit
apartment building located at 2243 Santa Clara Avenue within the R-
6, Hotel Residential Zoning District; and
X08- A~ Resolution No. 14256, "Overturning the Planning Board's
Decision to Deny Major Design Review and Variance ~PLN07-0020}
Allowing the Construction of a Two-Story Covered Deck Located Seven
Feet and Three Inches from the Rear Property Line at 2243 Santa
Clara Avenue." Adopted.
The Planning Services Manager gave a brief presentation.
Mayor Johnson opened the Public Hearing.
Regular Meeting
Alameda City Council 3
August 5, 2008
Proponent: Ed Hirshberg, Appellant.
There being no further speakers, Mayor Johnson closed the public
portion of the Hearing.
Mayor Johnson inquired whether decks are required now, to which the
Appellant responded in the affirmative.
Mayor Johnson inquired whether the proposed decks conform to the
new code.
The Appellant responded the size of the back yard is not quite in
conformance and current code would require a deck for all four
units.
Councilmember deHaan inquired how tenants access the yard
currently.
The Appellant responded tenants walk through the Elk's property;
the yard is not used very much; the decks would improve access.
Councilmember deHaan inquired whether tenants in the other two
units would be able to use the remaining portion of the yard, to
which the Appellant responded in the affirmative.
Councilmember Matarrese inquired whether the privilege has been
extended to other properties, to which the Planning Services
Manager responded that he is aware of one other instance, a single-
family dwelling with an unusually shaped lot.
Mayor Johnson inquired about the nature of the opposition to the
decks.
The Planning Services Manager responded the Planning Board was
concerned about future uses anticipated for the adjacent area.
In response to Mayor Johnson's inquiry about whether the adjacent
property use would occur, the Planning Services Manager stated
staff believes so, but nothing has been submitted.
Vice Mayor Tam inquired how the decks would infringe upon the
neighbors.
The Planning Services Manager stated the noise created from the
adjacent building might disturb people using the decks.
Councilmember Matarrese inquired whether the same noise issue would
apply with use of the backyard as it is now, to which the Planning
Regulaz Meeting
Alameda City Council 4
August 5, 2aa8
Services Manager responded staff came to the same conclusion.
Mayor Johnson read the findings; stated the project is positive for
the tenants; there are currently no negatives for the neighbor;
inquired why staff recommended approval of the variance.
The Planning Services Manager responded the project site would be
brought more into compliance with the zoning code; stated the
common area would be reduced, but would still have 300 square feet
of open space .
In response to Councilmember deHaan's inquiry regarding the lot
line, the Appellant stated seven feet three inches would be
remaining.
Vice Mayor Tam moved adoption of the resolution to uphold the
Appeal and grant the variance.
Councilmember Matarrese seconded the motion which carried by the
following voice vote: Ayes: Councilmembers Matarrese, Tam and Mayor
Johnson - 3. Noes: Councilmember deHaan - 1. GAbsent:
Councilmember Gilmore - 1.]
Councilmember deHaan stated that he does not support the motion
because the small strip left is totally inadequate.
SOS- }Recommendation to adopt the Alameda Free Library Strategic
Plan, 2009-2014, and authorize staff to begin Neighborhood Library
Short Term Improvements.
Ruth Metz, Ruth Metz Associates, and Kathy Page, Page & Morris LLC,
gave a Power Point presentation.
Vice Mayor Tam stated the final document and process should be used
as a model for other City facilities and assets; inquired whether
or not the $2.5 million set aside is sufficient for the extreme
makeover.
The Library Director responded the $2.5 million would be used for
the building work and interior remodeling; stated the library
support groups have pledged to pay for new furnishings.
Vice Mayor Tam stated the main library is one of the City's first
LEED certified buildings; inquired whether the seal from the Green
Building Counsel would be hung at the library.
The Library Director responded staff hopes to obtain the seal;
stated the certification process is moving forward.
Regular Meeting
Alameda city council 5
August 5, 20D$
Mayor Johnson requested that the Council be provided updates on the
status of certification; stated the matter should be wrapped up and
finalized.
In response to Councilmember Matarrese's inquiry regarding the
timeline, the Library Director stated the Request for Proposals
(RFP~ process should take four months.
Councilmember Matarrese noted that the library service is not free;
stated the survey indicated that people value the service and are
willing to pay for it; requested that the information on the LEED
certification include the estimated certification date.
Councilmember deHaan stated $16 million would be needed in the
future; hopefully, $2.5 million would cover costs including the
electrical and heating systems; inquired whether there would be
State level grants.
The Library Director responded the Strategic Plan puts the City in
a better position than most should there be a State construction
bond.
Ms. Page stated that her calculations are that less than half of
the funding would be needed for the makeover; the infrastructure
and Americans with Disabilities Act requirements are the big
unknowns; another city had to install sprinkler systems, which
added costs; encouraged Council to go forward with an RFP as
quickly as possible.
Proponents: Honora Murphy, Alameda; Karen Butter, Library Board
Member; Luzanne Engh, Alameda Free Library Foundation.
Mayor Johnson inquired whether a prioritized list has been prepared
in the event the $2.5 million is not sufficient, to which the
Library Director responded not enough is known about the structural
and system issues.
Mayor Johnson suggested that the staff recommendation be modified
to include language about beginning to develop a plan that would
come back to Council for review; stated the Council would need to
set priorities.
Councilmember Matarrese stated the City should not over invest in
the West End library building since it is not the future west End
library; the plan for what would be executed to meet the short term
goal should come back to Council; that he would like an analysis of
funding streams, with the ability to extend Measure 0 being among
Regular Meeting
Alameda City Council
August 5, 20x8
the options.
Councilmember Matarrese moved approval of adopting the Alameda Free
Library Strategic Plan and authorizing staff to initiate working on
short term improvements to the neighborhood libraries and bring the
[implementation] plan back to Council for authorization to start.
Vice Mayor Tam seconded the motion.
Under discussion, Vice Mayor Tam stated there is no deadline for
use of Measure o money.
Councilmember Matarrese stated Measure o has a finite period of
time; more revenue could be generated if the City asks for an
extension from the voters.
Vice Mayor Tam inquired whether the RFP process would help generate
estimates and establish various improvements that Council would
review and prioritize, to which the Library Director responded in
the affirmative.
Mayor Johnson inquired what would be asked in the RFP, such as
interior or structural work.
Ms, Page responded the list of short-term recommendations would be
used as the basis for the RFP; stated the City could pick and
choose the items.
The Library Director responded the RFP would be for an
architectural firm with structural engineering, some historical
preservation and interior space planning experience in libraries.
Mayor Johnson inquired whether the RFP would include interior and
structural improvements.
Ms. Page responded the short-term goals involve very little
structural changes.
Mayor Johnson inquired whether the electrical and HVAC system are
included in the short term goals, to which Ms. Page responded in
the affirmative; stated said items are mechanical systems.
The Library Director stated the shell of the buildings would not
change.
Mayor Johnson inquired whether priorities would be set before going
out with the RFP.
Regular Meeting
Alameda City Council ~
August 5, 2008
Ms. Page responded priorities should be set after costs are
submitted.
Councilmember deHaan requested that the motion be restated.
Councilmember Matarrese restated the motion: to adopt the Strategic
Plan, authorize staff to go forward with the RFP and bring it back
to Council.
vice Mayor Tam stated that her second stands.
On the call for the question, the motion carried by unanimous voice
vote - 4. [Absent: Councilmember Gilmore - 1.]
~0$- ~ Resolution No. 14257, "Opposing Fiscally Irresponsible
State Budget Decisions That Would Divert Local Government,
Redevelopment, and Transportation Funds." Adopted.
The Deputy City Manager gave a brief presentation.
Mayor Johnson stated that she does not like the term "borrow";
inquired whether the resolution could be amended to "divert".
The Deputy City Manager responded in the affirmative.
Opponents: Gretchen Lipow, Alameda; David Howard, Action Alameda.
Following Ms. Lipow's comments, Councilmember deHaan inquired
whether the City is not addressing Assembly Bill 1781, to which the
Deputy City Manager responded in the affirmative.
Mayor Johnson inquired whether the language could also include
opposition to taking funds from school districts.
The Deputy City Manager responded the Council is on record asking
the State not to take school district resources.
Councilmember Matarrese moved adoption of the resolution, with the
revised language to replace "borrow" with "divert".
Councilmember deHaan seconded the motion, which carried by
unanimous voice vote -4. [Absent: Councilmember Gilmore ~- 1.]
X08- } Resolution No 14258, "Providing, as Official City
Reference Documents, the Alameda County Residential Green Building
Guidelines for New Home Construction, Home Remodeling, and
Multifamily Residential Development; the U.S. Green Building
Council's LEED Rating Systems for New Commercial Construction and
Regular Meeting
Alameda City Council
August 5, 2048
Remodeling; and Bay-Friendly Landscape Guidelines, and Recommending
Their Use in the City of Alameda." Adopted.
The Supervising Planner gave a brief presentation.
Councilmember Matarrese inquired when the municipal code would be
changed to make green building requirements mandatory.
The Supervising Planner responded the requirements have been
adopted for municipal projects; stated the Chief Building Official
is reviewing the State green building code to determine if the City
can adopt it early; otherwise, the City might follow Alameda
County's checklist process; the matter should come to Council
before the end o f the year .
Cauncilmember Matarrese stated that he would like to ensure there
is a due date for when binding code changes would be implemented;
that he would like the changes to be adopted fairly soon; the
climate would not get any better the longer the City waits; there
were comments at Peet's LEED gold certification award ceremony that
meeting the requirements did not contribute that much cost and was
not that difficult to do; the City should be more aggressive; there
should be a target date for adopting binding code changes.
Mayor Johnson stated the matter is especially important for new
construction; perhaps existing buildings and remodeling could be
separate from new construction; the City should be able to move
forward with new construction on a shorter timeframe; any new
construction in Alameda should be subject to the new ordinance.
Councilmember Matarrese stated there are LEED items that need to be
done out of necessity now, such as diverting renovation or site
clearing materials from landfill and using renewed and reused
materials; there is a distinction between new construction and
renovation; binding, not optional, code provisions need to be put
in place.
Councilmember deHaan inquired whether there are new requirements
that move toward LEED compliance.
The Supervising Planner responded in the affirmative; stated the
City has a debris ordinance that requires 50o diversion; the goal
amount was increased to 75~; the landscape ordinance includes water
conservation measures; that she does not have the schedule for
bringing items forward.
Councilmember Matarrese stated setting target dates is very
important; then, priority decisions can be made about how to use
Regular Meeting
Alameda City Council
August 5, 2aas
resources to meet the dates.
Councilmember deHaan stated the matter is coming to Council; the
ICLEI committee [Climate Protection Task Force] would be coming to
Council with recommendations that would get the City to that point
[adoption of binding green requirements]; inquired when the ICLEI
report would come to Council.
The Supervising Planner responded the ICLEI report was folded into
the City's Local Action Plan.
Councilmember Matarrese stated the effort he is discussing is
adoption of codes that were recommended by the ICLEI committee.
The Supervising Planner stated one of the priorities in the Local
Action Plan is the sustainable design and green building standards,
which Planning is working on.
Mayor Johnson inquired whether there are model ordinances; stated
priority should be given to adopting regulations for new home
construction, new multi-family residential development and new
commercial construction; any new construction should be built with
the new standards; remodels and landscaping can be dealt with
later; brand new construction should be built to the [green
building] standards.
Councilmember Matarrese stated the matter is fairly urgent because
there is potential for new commercial and residential construction
in the foreseeable future; requirements should be locked down
sooner to have builders adjust accordingly.
Councilrnember deHaan stated Planning is going through the exercise
to bring something forward.
Councilmember Matarrese stated that he wants a date.
Mayor Johnson inquired whether the matter is being considered by
the Building Official or Planning Board.
The Supervising Planner responded the Building Official is looking
at the Building Standards adopted [by the State] on July 17; stated
the standards are voluntary at the State level; the City would be
making the regulations mandatory; Building Codes do not go to the
Planning Board; mandatory checklists added to the Zoning Ordinance
would go to the Planning Board.
Mayor Johnson inquired whether Stopwaste has model ordinances.
Regular Meeting
Alameda City Council 1 0
August 5, 20Q8
The Supervising Planner responded in the negative; stated Stopwaste
does not have anything mandatory, but has the voluntary standards
that are being considered tonight.
Mayor Johnson inquired how the State code and Stopwaste's model of
voluntary guidelines differ.
The Supervising Planner responded the State code looks at building
efficiency; stated currently, Title 24 requires certain energy
standards to be met; the new regulations increase Title 24; LEED
and Build It Green are checklist approaches that look at the entire
site, including landscaping and transit as well as construction;
15o above Title 24 is one requirement, however, the approach is
more holistic.
Mayor Johnson stated the Council could set a timeframe for a report
back from the Building official.
Councilmember Matarrese stated the report should include an
estimated date for implementation.
Mayor Johnson inquired what timeframe should be set.
Councilmember Matarrese stated the Building official should have a
month to conduct a review; the review should tell Council the
differences between the State's standards and the City's standards
and the target date for going from optional to mandatory.
Councilmember deHaan inquired whether the direction is the motion.
Councilmember Matarrese responded the direction is the motion along
with adoption of the resolution.
Mayor Johnson stated the direction should include prioritizing new
construction.
Councilmember Matarrese agreed to include said direction in the
motion.
Councilmember deHaan inquired whether a month is adequate time.
The Acting City Manager responded a month is an adequate amount of
time for the Building official to inform Council how long the full
review would take; stated the full review might be completed in a
month.
Councilmember Matarrese stated Council should be informed if there
is difference.
Regular Meeting
Alameda City Council 1 1
August 5, 200$
Councilmember deHaan seconded the motion, which carried by
unanimous voice vote -- 4. [Absent: Councilmember Gilmore - 1.]
Councilmember deHaan noted that drought resistant landscaping at
Haight School is outstanding.
ORAL COMMUNICATIONS, NON-AGENDA
None.
COUNCIL REFERRALS
None.
COUNCIL COMMUNICATIONS
(08- } Consideration of Mayor's nomination for appointment to the
Transportation Commission.
Mayor Johnson nominated Jane. Q. Lee.
X08- } Mayor Johnson requested that the Fire and Police
Departments provide a report describing the type of calls they
respond to which are outside their scope and recommendations for
appropriate fees; said report should be presented under Council
Referrals at the newt City Council meeting; stated the Fire
Department responds to calls for elevator problems wlthln
commercial buildings and people locked out of their houses; she is
surprised that fees for such calls were not included when revenue
enhancing recommendations were made.
X08- } Councilmember Matarrese stated that he and Vice Mayor Tam
participated in a structured bicycle ride around the City on
Saturday; the event was presented by Bike Alameda.
X08- } Mayor Johnson stated that Alameda could be getting three
or four new Coast Guard cutters; current cutters are forty years
old.
ADJOURNMENT
There being no further business, Mayor Johnson adjourned the
Regular Meeting at 10:07 p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
Agenda for meeting was posted in accordance with the Brown Act.
Regular Meeting
Alameda City Council 1 2
August 5, 200$
CITY OF ALAMEDA
Memorandum
To: Honorable Mayor and
Members of the City Council
From: Ann Marie Gallant
Interim Chief Financial Gfficer
Date: August 19, 2008
Re: List of Warrants for Ratification
This is to certify that the claims listed on the attached check register and shown below have been
approved by the proper officials and, in my opinion, represent fair and just charges against the City in
accordance with their respective amounts as indicated thereon.
Check Numbers Amount
212287 - 212724 $2,595,437.27
V17435 - V17580 $99,007.50
EFT568 $39,209.15
E FT569 $80, 000.00
Void Checks:
212027 ($3,600.00)
212264 ($157.49)
212297 ($2, 306.26)
GRAND TOTAL
Respectfully submitted,
Chief Financial Off r
Council Warrants 08119!08
$2, 807, 590.17
Reviewed and received,
r ,
~~ ~
City Clerk
BILLS #4-B
8!19!2008
CITYQFALAMEDA
Memorandum
To: Honorable Mayor and
Members of the City Counci!
From: Debra Kurita
City Manager
Date: August ~9, 2008
Re: Accept the Quarterly Investment Report for the Period Ended June 30,
2008
BACKGRQUND
Each quarterthe Investment Summary report is provided to the City Council. Attached is
the Investment Summary report for the quarter ended June 30, 2008.
DISCUSSIGN
The attached investmentportfoliosummaryreportreflectstheinvested operatingfundsas
well as thevarious assessmentdistrictfunds and trusteed bond funds. These investments
have been made in accordance with the provisions of the City's approved Investment
Guidelines. The City of Alameda's expenditure requirements for the next six months are
more than sufficiently covered by anticipated revenues from regular operations and liquidity
of current investments.
FINANCIAL IMPACT
As of June 34, 2008, the City has received ~ 0~ .36 percent of the projected interest income
for the fiscal year.
RECOMMENDATIGN
Accept the Quarterly Investment Report for the period ending June 30, 2408.
Respectfully submitted,
Ann Mar' Gallant
Interim of Financial Officer
G~~~l~~2 ~ /lei
B :Laura GwGr`t'ne ~~
Y Y
Supervising Accountant
AMGILG:dI Cit Council
Y
Attachment. Investment Portfolio for the Quarter Ending June 30, 2008 p enda Item #4-C
9
48-'19-08
City of Alameda California
August ~ 9, 2005
Honorable Mayor and City Council
I have reviewed the City of Alameda's Investment Report for the quarter ending
June 30, 2008 and find that it complies with the Investment Policy established by
my office.
The interest of the Council is always appreciated.
sins ~y,
-~
~.
,,-
;~
1
~'~ Kevin Kennedy
r~~ City Treasurer
KKldl
Kevin Kennedy, Ciry Treasurer
4f~'ice of the Ciry Treasurer Clty CounCll
2263 Santa Cara Avenue, Room 220
Alameda, California 94501 Attachment to
~ i o. 74$.4560 • TDD ~ 10.522.753$ Agenda Item #4-C
Business ~ 10.74$.1$9$ • Fax ~ 10.74$.1$96 ~$-~ 9-~$
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CITY of ALAMEDA
Memorandum
To: Honorable Mayor and
Members of the City Council
From: Debra Kurita
City Manager
Date: August 19, 2ooS
Re: Award a Contract in the Amount of $166,183, Including Contingencies, to
Chrisp Company, for Traffic Striping, Phase 6, No. P.VII.10-07-31
BACKGRGUND
nn July 15, 2008, the City Council adopted plans and specifications, and authorized a
tail for bids for the traffic striping, phase 6, No. P.~IV. 10-01-31. The project will restripe
the existing street pavement striping and markings within the City that include
centerlines, bike lanes, crosswalks, stop bar and legends, and turn lanes.
DISCUSSIGN
To solicit the maximum number of bids and most competitive price, specifications were
provided to 1l separate building exchanges throughout the Bay Area. A notice of bid
was also published in the Alameda Journal. Three contractors submitted bids, and the
bids were opened on August 4, 2008. The list of qualified bidders, from lowest to
highest total project costs, is:
Bidder Location Bid Amount
Chrisp Compan Fremont $151,015.55
Rile 's Stripin Union Cit $179,049.30
Linear Gptions, Inc. Menlo Park $188,518.15
Staff contacted several references provided by the low bidder and received positive
feedback about the quality and timeliness of their work. Staff proposes to award a
contract to Chrisp Company, for a total amount of $166,183, including a 10%
contingency. A copy of the contract is on file in the City Clerk's office. As with all
annual contracts, this contract may be mutually amended on a year-by-year basis, for
up to four additional years, based on satisfactory performance of all aspects of this
contract. If extended, the contract would be for the same terms and costs, plus an
annual increase equal to the construction price index increase for the San Francisco
Bay Area appropriate to the trades associated with the work, as reported in the
Engineering News Record for the previous calendar year.
City Council
Agenda Item #4-D
08-'19-08
Honorable Mayor and August 19, 2008
Members of the City Council Page 2 of 2
BUDGET CONSIDERATIONIFINANCIAL IMPACT
The project is budgeted in the Capital Improvement Program Project No. 43944901},
with monies allocated from Measure B.
MUNICIPAL CODEIPOLICY DOCUMENT CROSS REFERENCE
This action does not affect the Alameda Municipal Code.
ENVIRONMENTAL REVIEW
In accordance with the California Environmental Quality Act ~CEQA}, this project is
Categorically Exempt under CEQA Guidelines Section 15301~c}, Existing Facilities.
RECOMMENDATION
Award a contract in the amount of $166,183, including contingencies, to Chrisp
Company, for traffic striping, phase 6, No. P.W. 10-O1-31.
Respec II submitted,
Matthew T. Naclerio
Public Works Director
/L ~--
By: Philip Lee ~
Assistant Engineer
MTN:PL:gc
cc: Watchdog Committee
CITY 4F ALAMEDA
Memorandum
To: Honorable Mayor and
Members of the City Council
From: Debra Kurita
City Manager
Date: August 19, 2008
Re: Accept the Work of Golden Bay Construction, Inc., for Repair of Portland
Cement Concrete Sidewalk, Curb, Gutter, Driveway, and Minor Street
Patching, Fiscal Year 200612001, Phase 8, No. P.W. 08-06-18
BACKGROUND
On February 6, 2001, the City Council adopted plans and specifications and called for
bids for the repair of Portland Cement Concrete sidewalk, curb, gutter, driveway, and
minor street patching, fiscal year 200612007, No. P.W. 08-06-18. On April 11, 2001,
the City Council awarded a contract in the amount of $851,200, including
contingencies, to Golden Bay Construction, Inc., for this work.
DISCUSSION
The project has been completed in accordance with the plans and specifications and is
acceptable to the Public Works Department. Extra work orders were issued to provide
temporary pedestrian access at six locations and for concrete work at additional sites.
The final project cost, including extra work orders, is $113,244,
BUDGET CONSIDERATIONIFINANCIALlMPACT
Funding for the project is budgeted under the Capital Improvement Program Project
No. 82-02}with funds available from Measure B and the General Fund.
MUNICIPAL CODEIPOLICY DGCUMENT CRASS REFERENCE
This action does not affect the Municipal Code.
ENVIRONMENTAL REVIEW
In accordance with the California Environmental Quality Act ~CEQA}, this project is
Categorically Exempt under CEQA Guidelines Section 15301 ~c} -Existing Facilities.
City Council
Agenda Item #4-E
48-'19.48
Honorable Mayor and
Members of the City Council
RECGMMENDATIGN
August 19, 200$
Page 2 of 2
Accept the work of Golden Bay Construction, Inc., for repair of Portland Cement
Concrete sidewalk, curb, gutter, driveway, and minor street patching, fiscal year
200612007, phase 8, No. P.W. 08-06-18.
Respectfully submitted,
Matthew T. Naclerio
Public Works Director
~~1~~~~
By: Shilpa Patel ~ ~
Assistant Engineer
MTN:SP:gc
cc: Watchdog Committee
CITY of ALAI~EDA
Memorandum
To: Honorable Mayor and
Members of the City Council
From: Debra Kurita
City Manager
Date: August 19, 2008
Re: Adopt Plans and Specifications and Authorize a Call for Bids for Citywide
Sewer Mains and Laterals Video Ins ection Phase 2 No. P.11V.07-OS-19
BACKGRGUND
The City of Alameda, as a Sanitary Sewer Collection System Agency is required to
prepare a Sewer System Management Plan SSMP} pursuant to Section 13261 of the
California Water Code. The SSMP will include, in general, the following elements:
condition assessment, preventive maintenance program, fats, oil, grease FOG} control
program, capacity management, and up-to-date sewer system infrastructure maps.
DISCUSSION
The first step in developing the SSMP is a condition assessment, which will be
conducted through a video inspection of the sanitary sewer collection system. The
results from the video inspection will be incorporated into the City Sewer Master Plan to
develop a comprehensive capital improvement program and maintenance plan for the
sanitary sewer collection system. The inspection will also identify areas of concern
related to FOG; this will enable the City to identify dischargers and work with EBMUD to
reduce the amount of FOG discharged into the collection system. The first phase of the
video inspection was completed this past fiscal year, and approximately 140,000 linear
feet of sewer mains and laterals were cleaned and inspected. The proposed project will
be the second phase of the condition assessment and will clean and video inspect
approximately 40,000 linear feet of sewer mains and laterals. A copy of the plans and
specifications is on file in the City Clerk's office.
BUDGET CONSIDERATlON1FINANCIAL IMPACT
The project is budgeted in the Capital Improvement Program Project No. 90-61}, with
monies allocated from the Sewer Enterprise Funds.
MUNICIPAL CODEIPOLICY DOCUMENT CROSS REFERENCE
This action does not affect the Alameda Municipal Code.
City Council
Agenda Item #4-F
08-'19.08
Honorable Mayor and
Members of the City Council
ENVIRONMENTAL REVIE~II
August 19, 2008
Page2of2
In accordance with the California Environmental Act ~CEQA}, this project is
Categorically Exempt under CEQA Guidelines Section 15306, Information Collection.
REC~MMENDATIGN
Adopt plans and specifications and authorize a call for bids for Citywide sewer mains
and laterals video inspection, phase 2, No. P.V1l. Ol-OS-19.
Respec I ubmitted,
Matthew T. Naclerio
Public Works Director
4 .
By: VlJali waziri
Associate Civil ngineer
CITY of ALAMEDA
Memorandum
To: Honorable Mayor and
Members of the City Council
From: Debra Kurita
City Manager
Date: August 19, 2008
Re: Appropriate $46,600 in Dwelling Unit Tax Monies to Rittler Park Irrigation
and Field Renovation lm rovements No. P.W. 11-07-34
BAC KG RG U N D
On June 17, 2008, the City Council awarded 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. 11-01-34. To stay within the available
project budget, a change order to delete the installation of sod and replace with grass
seed was negotiated. The City Council was informed of this change as part of the
contract award approval.
DISCUSSIGN
The project is currently under construction based on the negotiated change order.
Recently, City staff met with staff from the East Bay Municipal Utility District ~EBMUD} to
review the City's Capital Improvement Program, and EBMUD staff suggested that the
City consider delaying the proposed Lincoln Park Grading project due to the new water
rationing requirements. Based on this information, the Alameda Recreation & Park
Department ~ARPD} has requested that the Lincoln Park project be postponed and the
money be appropriated to the Rittler Park project to allow for a sodded lawn. The use of
sod in lieu of seed will allow the playing field to be open to the public sooner by reducing
the lawn establishment and contractor's maintenance period from 90 days to 30 days.
The proposed cost to install sod, including the associated 30-day warranty, is $46,600.
The Public Works Department agrees with ARPD's request.
BUDGET CGNSIDERATIGNIFINANCIALlMPACT
The Lincoln Park Grading project is budgeted in the Capital Improvement Program
Project No. 90436}, with monies allocated from the Dwelling Unit Tax ~DUT} and
General Fund. Staff proposes to use $46,400 in DUT funds to provide sod at Rittler
Park. Staff will review the need to restore funding to the Lincoln Park project as part of
next year's budget review.
City Council
Agenda Item #4-G
~5-'I 9.45
Honorable Mayor and August 19, 2005
Members of the City Council Page 2 of 2
MUNICIPAL CODEIPOLICY DOCUMENT CROSS REFERENCE
This action does not affect the Alameda Municipal Code.
RECOMMENDATION
Appropriate $46,600 in Dwelling Unit Tax monies to Rittler Park irrigation and field
renovation, No. P.W. 11-o1-34.
Respectfully submitted,
atthew T. Naclerio
Public Works Director
By: Ed Sommerauer ~ ~
Associate Civil Engineer
MTN:ES:gc
CITY of ALAMEDA
Memorandum
To: Honorable Mayor and
Members of the City Council
From: Debra Kurita
City Manager
Date: August 19, 2008
Re: Adopt a Resolution Approving the Final Map and Accepting Associated
Dedications and Easements for_Tract9689 Esplanade}
BACKG RGU N D
On April 15, 2008, the City Council adapted Resolution No. 14199 approving Tentative
Map 9689, a 15 lot tract known as the Esplanade. The property is located at 2800
Harbor Bay Parkway, on the east side of the Harbor Bay Ferry Terminal.
DISCUSSION
The Final Map has been reviewed and determined to be technically correct and in
substantial conformance with the approved Tentative Map and Conditions of Approval.
Ten of the parcels will be developed for commercial use, with the potential for park of
one of the commercial buildings to accommodate a restaurant. Four of the parcels will
be developed at a future date. The final parcel is a portion of the existing lagoon
adjacent to the development, which will be maintained by the property owners.
The Final Map includes easements for emergency vehicle access, a public pathway,
street lighting, public utilities, general vehicular ingress and egress, pedestrian access,
private storm drains and sanitary sewers, and surface drainage runoff. In addition, the
City will accept dedication of the portion of Harbor Bay Parkway within the subdivision
boundary. All infrastructure within the development, including sanitary sewer, storm
drains, and landscaping will be maintained by the property owners. In addition, an
operation and maintenance agreement for the storm drainage improvements will be
required prior to the issuance of a Certificate of Occupancy. The Final Map is on file in
the City Clerk's office.
BUDGET CONSIDERATIONIFINANCIALlMPACT
Approval of the Final Map and resolution does not affect the General Fund.
MUNICIPAL CODEIPOLICY DOCUMENT CROSS REFERENCE
This project is consistent with the Municipal Code.
City Council
Report Re:
Agenda Item #4-H
08-'19-48
Honorable Mayor and
Members of the City Council
ENVIRONMENTAL REVIEW
August 19, 2048
Page 2 of 2
The approval of the Finai Map is ministerial and thus exempt under the California
Environmental Quality Act ~CEQA}.
RECOMMENDATION
Adopt a resolution approving the Final Map and accepting associated dedications and
easements for Tract 9fi89 Esplanade}.
Respectfully s mii#ed,
Matthew T. Naclerio
Public Works Director
`1.i2.
l~
By: Robert Claire
Associate Civi! Engineer
MTN;RC:gc
cc: Joe Ernst, SRM
CITY OF ALAMEDA RESOLUTION Nn.
APPROVING FINAL MAP AND ACCEPTING ASSOCIATED
DEDICATIONS AND EASEMENTS FOR TRACT 9689
(ESPLANADE)
Y ~
,~ WHEREAS, on February 25, 2008, by Resolution No. PB-08-06, the
~' Plannin Board of the Cit of Alameda "Cit " a roved the Develo
o g y ~ y } pp pment Plan
~ ~ and Design Review for the Esplanade ~PLN07-006 ~; and
~ ~
~ a
~ v WHEREAS, on February 25, 2008, by Resolution No. PB-08-07, the
L
Planning Board of the City recommended approval of Tentative Map Tract 9689;
~ and
~ _
WHEREAS, pursuant to Resolution No. 147 99, the City Council approved
Tentative Map 9689 for eight lots on April ~5, 2008; and
WHEREAS, Final Map 9689 is ministerial and is thus exempt under the
California Environmental Quality Act ~CEQA~; and
WHEREAS, said Final Map delineates thereon for dedication to the public
easements:for public utilities; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Alameda that the Final Map of Tract 9689 be, and hereby is, approved.
BE IT FURTHER RESOLVED that said easements offered for dedication to
the public have been accepted on behalf of the public for use in conformity with
the terms of the offers of dedication.
BE IT FURTHER RESOLVED that the agreement far construction and
completion of the public improvements in said tract pursuant to the Agreement
and all its terms and conditions be, and hereby are, approved and the City
Manager and the Gity Clerk are authorized and directed to execute and attest to,
respectively, said Agreement on behalf of the City of Alameda; and
BE IT FURTHER RESOLVED that the Security guaranteeing full and
faithful performance of said public improvements, labor, and materials are
hereby approved as sufficient in amount.
*~****
Resolution #4-H CC
QS-19-oS
I, the undersigned, hereby certify that the foregoing Resolution was duly
and regularly adopted and passed by the Council of the C'rty of Alameda in a
regular meeting assembled on the ~ 9th day of August, 2008, by the following
vote to wit:
AYES:
NOES:
ABSENT:
ABSENTI~NS:
IN vVITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 20th day of August, 2008.
Lara INeisiger, City Clerk
City of Alameda
CITY OF ALAMEDA
Memorandum
To: Honorable Mayor and
Members of the City Council
From: Debra Kurita
City Manager
Date: August 19, 2005
Re: Adopt a Resolution to Approve Street Names for the Grand Marina
Pro'ect
BACKGRgUND
On November 14, 2005, the City Council approved the Grand Marina Master Plan and
associated General Plan Amendment, Rezoning, Tentative Parcel Map, and Development
Plan and Design Review applications to construct 40 residential units at the foot of Grand
Street adjacent to the Grand Marina and the gaklandlAlameda Estuary. The developer of
the Grand Marina project, Warmington Homes, is proposing names far one new street and
five new alleys that will be constructed as part of the approved project. Pursuant to the
City of Alameda Policy for Naming City Property, Facilities, and Streets Attachment 1 ~, the
Planning Board is responsible for recommending new street names to the City Council.
qn August 11, 2005, the Planning Board approved by motion the recommended street
names for the new street and the fve new alleys in the Grand Marina project.
DISCUSSION
The 44 new homes proposed at the Grand Marina project are to be accessed by Grand
Street, Fortmann Way, one new street, and five new alleys. The new street is designed
to be an extension of Hibbard Street; therefore, its recommended name is Hibbard. The
recommended names for the five alleys were taken from the gfficiai Naming List for City
Facilities and Streets, which was approved by the Historical Advisory Board. As shown in
Attachment 2, the five alleys would be named: China Clipper Way, Thoroughfare Way,
Bohemia Way, Cruiser Way, and Red Sails Way.
BUDGET CgNSIDERATIgNIFINANCIALlMPACT
The proposed resolution naming the new street and five new alleys would not result in
any financial impact on the City of Alameda.
City Council
Report Re:
Agenda ~ ltem #4-1
~8-'19-08
Honorable Mayor and August 19, 2408
Members of the City Council Page 2 of 2
MUNICIPAL CGDEIPQLICY DGCUMENT CRGSS REFERENCE
The street naming is consistent with the City of Alameda Street Naming Policy.
ENVIRONMENTAL REVIEW
The naming of streets is a statutorily exempt activity under the California Environmental
Quality Act.
RECGMMENDATIGN
Adopt a resolution approving street names for the Grand Marina project.
Respectfully submitted,
<~J
athy Woodbury
Planning and Building Director
~~~,o G~''~>
y: Andrew Thomas
Planning Services Manager
Attachments:
1. City of Alameda Policy for Naming City Property, Facilities, and Streets
2. Proposed Street Names
cc: David Day,lNarmington Homes
•'~i,ylY r1~~1^
'' Ci
' l!
~ ~f~~i~fti ~ '~
~~~r•fll; fij1 ll~ .r'
City of Alameda
California
March 20, 2007
POLICY FOR NAMING CITY PROPERTY. FACILITIES AND
STREETS
INTRQDCJCTYON:
It is the City of Alameda's goal to establish a uniform policy to name City
facilities and portions thereof, including but not limited to: Parks and Park
facilities, Colf Complex, Alameda Power & Telecom facilities, Libraries,
Housing Authority facilities, fire stations, City Hall, Police Department facilities,
parking lots, ferry terminals, City streets and entryways to the City.
PURPGSE:
The purpose of this policy is to honor persons, places andlor events in the history
of the City by naming City facilities after them. This process acknowledges and
memorialises a specific person ar event and enhances the value and heritage of
the City.
rRaC~I~vRF~:
Boards and Commissions represent the communit ,and have direct res onsibilit
. ... y P Y
far vartaus City facxl~ttes as prescribed ~n the City Charter and Alameda
Municipal Code. It shall be the responsibility of the following Boards and
Commissions to review the List of Street and Facility Names annually and
provide additions or deletions to the Historical Advisory Board. The Boards and
Commissions most closely related to these facilities will make the name
recommendation to the City Council:
Recreation Commission -City Parks, Swim Centers, Boat Ramps, and Associated
facilities
Gaff Commission ~ Golf Complex and Associated Facilities
Public Utilities Board -Alameda Power & Telecom Facilities
Library Board ~-Libraries
i
Policy for N'anung City Property, Facilities and Sheets -March 2U, ~DQ7 City Council
Attachment '~ to
Report Re:
Agenda item #4-I
vs-~9-os
NAMING ST~E~TS;
General Considerations for Naming Streets:
1. Priority shall be given to utilizing street names that represent persons, places
or events associated with the historical development of the City of Alameda,
Z. Where feasible and appropriate, historic street names shall be chosen which
directly relate to that portion of the City in which the street to be named is
located.
3, Consistency in naming shall be maintained within a Subdivision Tract,
Planned Development, or other development ar geographic area where street
names themes currently exist, are planned or are discernible.
4. Street names shall remain the same across intersecting streets and throughout
the length of the street,
5. The use of the same name but different suffYces for adjacent streets shall be
avoided, with the exception of a small court or cul-de-sac adjacent to a main
road. For example, Brighton Court off Brighton Road.
G. A street name shall not intersect another street name at mare than one location.
The use of circle or loop as a suffix is not encouraged except under limited,
specific design situations,
7. Similarly spelled or pronounced street names shall be avoided within the City.
8. ~ The number of letters in the street name, including suffix, shall not exceed
twenty characters and spaces in conformance with the 91 ~ Emergency
Communication Center system.
Designation:
~. In general, street names should include a suffix, such as those following, to
clearly indicate that it is part of the vehicular circulation system and to
minimize the possibility of confusion with development or pro3ect place
names. Names lacking such suffice or ending in such words as Harbor, isle,
or Point are not encouraged, except to retain the continuity of established
naming schemes. Names utilizing terms from other languages such as
Embarcadero, Camino, pia and other non-typical names shall be considered
individually for appropriateness, merit, and general conformance to this
policy,
2. Cul-de-sac ar short dead-end streets
a. Court
b. P1aCe
3
Policy for Naming City Property Facilities and Streets -March 20,.240?
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City Council
Attachment 2 to
Report Re:
Agenda Item #4-I
08-19-08
CITY OF ALAMEDA RESOLUTION NO.
E
0
~,
~.
~ APPROVING STREET NAMES FOR THE GRAND MARINA PROJECT
WHEREAS on November 14 2006 the Ci C
ty ouncil approved the Grand
~, Marina Village Master Plan proposed bythe applicant, Warmington Homes; and
~~
~~
v
a WHEREAS, Warmington Homes has proposed names for one new street
~ ~ and five new alleys that will be constructed as part of the approved project; and
WHEREAS, the new street is designed to be an extension of Hibbard
Street, therefore its recommended name is Hibbard; and
WHEREAS, the recommended names forthe five alleyswere taken from
the Official Naming List for City Facilities and Streets, and are China Clipper Way,
Thoroughfare Way, Bohemia Way, Cruiservvay, and Red Sails Way; and
WHEREAS, pursuant to the City of Alameda Policy for Naming City
Property, Facilities, and Streets, the Planning Board is responsible for
recommending new street names to the City Council; and
WHEREAS, on August ~ 1, 2008, the Planning Board approved the
recommended street names by motion; and
WHEREAS, on August 19, 2005, the Council of the City of Alameda
reviewed the recommended street names and approved them.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council
approves the street names for the Grand Marina project as shown in
Attachment 1 to this resolution.
*****
Resolution #4-l CC
08-19.OS
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!, 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 19th day ofAugust, 200$, by the following vote
to wit:
AYES
NOES:
ABSENT:
ABSTENTIaNS:
IN 1NITNESS, I~IHEREOF, I have hereunto set my hand and affixed the
seal of said City this 20~h day of August, 2008.
Lora vveisiger, City Clerk
City of Alameda
CITY OF ALAMEDA RESOLUTfON N0.
APPOINTING JANE Q. LEEASAMEMBEROF
THE CITY TRANSPORTATION COMMISSION
(SCHOOL DISTRICT SEAT)
~ \ BE IT RESOLVED by the Council of the City of Alameda that pursuant to
~~
~ provisions of Sectron 2-8 of theAlameda Municipal Code, and upon nomination of
~ ~ ~ the Ma or JANE .LEE is '
,~ y Q hereby apparnted to the office of member of the
~ ~
a~
~ " Trans ortation Commission School DistrictSeat of theCit f
~. p ~ } y o Alameda for a term
~ commencing on August 19, 2005, and expiring an June 30, 20~ 2
******
I, the undersigned, hereby certify that the foregoing Resolution was duly
and regularly adopted and passed b the Council of the City of Alameda in a
~~
regular meeting assembled on the ~9 day of August, 2408, by the following vote
to wit:
AYES
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
seal of said City this tat" day of August, 2008,
Lora Uveisiger, City Clerk
City of Alameda
Resolution #5-Q
OS-19.08
CITY qF ALAMEDA
Memorandum
To: Honorable Mayor and
Members of the City Council
From: Debra Kurita
City Manager
Date: August 19, 2008
Re: Hold a Public Hearing to Consider an Appeal of the Planning Board's
Conditional Approval of a Major Design Review for an Addition and a
Remodel that Includes Raising the Single-Family Structure and
Constructing a Detached Two-Story Dwelling Unit at 3327 Fernside
Boulevard, within the R-2, Two-Famil Residential Zonin District
BAC KG RG U N D
Gn June 23, 2008, the Planning Board conditionally approved the Major Design Review
application for an addition and a remodel that includes raising the single-family structure
and constructing a detached two-story dwelling unit at 3327 Fernside Boulevard. In
taking this action, the Planning Board deleted the following two conditions that were
recommended by staff and intended to bring the project into compliance with the City of
Alameda Guide to Residential Design:
1. The project shall be revised with a gable roof over the rear addition that utilizes
lowered plate heights and eave lines, cross-gables, and dormers so that the new
roof would match the scale and pitch of the original roof.
2. The structure shall not be raised in height.
However, the Planning Board directed the applicant to amend the scope of the project
so that no portion of the structure exceeded the maximum permissible height of 30 feet,
as required by R-2 Zoning District regulations. The minutes from the meeting and the
Planning Board's adopted resolution are included as attachments.
The Alameda Architectural Preservation Society ~AAPS} filed an appeal of the Planning
Board's action on July 3, 2008. The appeal contends that the conditional approval is
not consistent with the City of Alameda Guide to Residential Design Attachment 3}. Qn
July 24, AAPS submitted a Supplement to Petition for Appeal, which expanded and
clarified the basis for their appeal, Within this supplement, AAPS also provided
alternative design solutions. The appeal and the supplement are on file in the City
Clerk's office.
City Council
Public Hearing
Agenda Item #5-B
08-'I 9-08
Honorable Mayor and
Members of the City Council
DISCUSSION
August 19, 2008
Page2of4
The AAPS provided three reasons for the appeal in its Supplement to Petition for
Appeal. The issues presented in the appeal coincide with the Planning staff s
recommendations. Staffs response is provided under each of the following issues
raised by the RAPS in its appeal:
1. The plans approved by the Planning Board are internally inconsistent, inconsistent
with the project described in the June 23, 2008 Planning Board staff report which is
on file in the City Clerk's offices and should have been considered incomplete.
Planning staff initially noted infernal inconsisfencies with the plans and requested
fhaf the plans be revised and resubmitted. However, fhe applicant requested fhaf
fhe plans be submiffed fo fhe Planning Board without a complete revision in order fo
facilitate the review process and get general direction from fhe Planning Board.
The plans submiffed by fhe applicant are included as Attachment 4.~ Planning
sfaf~s recommendafian of conditional approval would have required subsfanfial
alterations fo fhe plans, which would be reflected when fhe construction plans are
submiffed for review. The Planning Board's deletion of fhe sfafl•~s two
recommended conditions makes fhe need for subsfanfial plan revisr'ons moot.
Planning staff will require fhaf fhe remaining infernal inconsisfencies be corrected, in
accordance wifh fhe substitute condition adopted by the Planning Board, prior fo fhe
issuance of a building permit.
2. The project does not conform with the City's Guide to Residential Design.
The Guide fo Residenfia! Design does not bar or discourage increases in building
heights except where fhe increase in height would make fhe building ouf of
characfer wifh fhe surrounding neighborhood. The Planning Board found fhaf the
proposed increase in building height was relatively minor, so long as fhe structure
was limited fo 3g feet in height, and was not ouf of characfer wifh fhe surraunding
neighborhood. Raising fhe building of fhe basement could also create a building
fhaf is ouf of characfer wifh Craftsman proportions. However, fhe Planning Board
found fhaf fhe proposed building modifications were in characfer wifh a Craftsman
style building. The new addition at the back of fhe building would incorporate a very
shallow pitched hip-gambrel roof wifh very high top plates fhaf is ouf of characfer
wifh fhe Craftsman roof configuration. However, fhe Planning Board found fhaf fhe
applicant's proposed roof design would not cause fhe building fo be ouf of characfer
wifh a Craftsman design because the roof modifications would not be generally
visible from fhe street. The Planning Board's approval was based on findings
consisfenf with Municipal Code standards and with design guidelines, as follows:
a. Section 3~-37.5 of fhe Alameda Municipal Code ~aMC~ requires fhaf projects
must be compatible wifh their site, any adjacent or neighboring buildings or
surroundings and promote harmonious transitions in scale and characfer in
areas between different designated land uses. Projects which do not meet
Honorable Mayor and
Members of the City Council
August 19, 2408
Page 3 of 4
fhe requiremenfs of fhis paragraph sha11 be presumed detrimenfal to eifher
existing property values or fhe growth of properfy values in fhe vicinify of fhe
pro~ecf.
b. Second Paramefer, page 6 of Guide fo Residenfial Design - "fhe massing and
style of fhe exisfing building will esfablish fhe parameters of appropriate
design for an individual addifion or remodel. The massin , sf le fenesfrafion
g Y
and design elements of fhe addition or remodel should appear as infegra!
elernenfs of fhe exisfing building. Addifions should always appear as though
fhey were parf of fhe original construcfion. Design elemenfs should either
match and/or echo fhose of fhe exisfing building or, if appropriate, fhe enfire
sfrucfure should be remodeled concurrently wifh fhe addifion fo create a
cohesive and integrated appearance. "
c. Third Parameter, page l of Guide to Residenfial Design - "valued original
archifectural characfer is mainfained by the preservafion and restoration of
fhe original fabric. all buildings should be recognized for fheir own fime and
style. Rehabilitafion should not fry fo create a preconceived concepf of
hisfory, buf should reuse fhe exisfing or appropriafe features. "
d. Specific criteria for adding second sfories fo Historic Buildings, page ~ 6 of
Guide to Residenfial Design - "The new addifion should be so well infegrafed
into fhe exisfing design fo appear fo be parf of fhe original design. The new
building mass musf not "loom" over fhe street or neighboring yards. This can
offer be achieved by building sefbacks and by "stepping back" fhe new
second sfory. This is particularly frue for Craftsman and confemporary
buildings."
e. Gpfions available for adding a second story fo a bungalow-sfyle building,
page 19 and Techniques fhaf should not be used, page 21 of Guide fo
Residenfial Design, bofh point ouf examples of preferred alferafions fo
Craffsman strucfures ~Attachmenf 3).
3. The Planning Board approval did not make clear what the front of the modified
structure would look like.
The Planning Board's acfion limited fhe height of fhe building to 3~', which means
fhaf fhe final plans would show fhaf fhe building is not raised fo a heighf where fhe
existing roof ridge exceeds 30' in heighf above grade. This requires fhe applicant to
provide revised plans that reflecf fhis decision, and sfaff would need fo confirm the
plans are cansisfenf wifh Planning Board approval.
BUDGET CGNSIDERATIGNIFINANCIAL IMPACT
No additional funding is necessary for planning activities related to this project.
Honorable Mayor and August 19, 2008
Members of the City Council Page 4 of 4
MUNICIPAL CGDEIPOLICY DOCUMENT CROSS REFERENCE
• Alameda Municipal Code, Subsection 30-4.2~d}, Section 30-37.5~Requirements},
and Section 30-38.5~Design Review Manual}.
• City of Alameda, Guide to Residential Design Attachment 3}.
- Second Parameter, page 6
- Third Parameter, page l
- Specific criteria for adding second stories to Historic Buildings, page 16
- Options available for adding a second story to a bungalow-style building, page
19
- Techniques that should not be used, page 21
ENViRGNMENTAL REVIEW
The project is Categorically Exempt from additional environmental review pursuant to
CEQA Guidelines Section 15301 ~e}~2} Existing Facilities -- addition of less than 10,000
square feet to an existing structure and, as conditioned, Section 15331 for projects
consistent with the Secretary of the Interior's Standards for the treatment of historic
properties.
RECOMMENDATIGN
Hold a Public Hearing and adopt a resolution granting the appeal and overturning the
Planning Board's conditional approval of a Major Design Review for an addition and a
remodel that includes raising the single-family structure and constructing a detached
two-story dwelling unit at 3327 Fernside Boulevard, within the R-2, Two-Family
Residential Zoning District.
Respectfully submitted,
Cathy ~dbury
Planning & Building Director
. Jon Biggs
Planning Manager
Y
~/~'f~"i
Dennis Brighton
Planner III
Attachments:
1. Planning Board Minutes, June 23, 2008
2, Planning Board Resolution No.PB-08-14
3. City of Alameda Guide to Residential Design, Adopted March 15, 2005, pp 6-l, pp
16-22
4. Plans Submitted by applicant at the June 23, 2008 Planning Board Meeting
1
Board member Cunningham to move to adopt the draft Planning Board Resolution to approve the
complete demolition of the existing 2,366 square faot restaurant and a Design Review for the
construction of an approximately 2,416 square foot new restaurant. The restaurant will contain a
drive-through, which requires a Use Permit pursuant to AMC 34-4.9A.c.l~r} A parking exception
is required for this project, because the eight parking spaces provided for this project are less
than the required 20 parking spaces pursuant to AMC 30-4.9A.g.8. The following modifications
will be included:
1. wood windows and a door to match;
2. The use permit may be revoked if the conditions have not been complied with;
3. The trash will be picked up daily; and
4. Traffic monitoring will occur during the school year.
Board member Autorino seconded the motion, with the following voice vote - 4. Noes: 1 ~Ezzy
Ashcraft} Absent: 2 Lynch, McNamara}; Abstain: D. The motion passed.
President Cook invited comment on signage, and agreed with Mr. Buckley's comment that the
old-fashioned pole signs were inappropriate. She requested staff's comments on the signage.
Ms. woiter replied that the overall square footage as presented in the design review was currently
too large, and that the wall signs would be reduced. In addition, the directional signs may be
approved by the Planning & Building Director. She noted that the pole sign would not be
appraved as it stood, and that concern maybe alleviated.
In response to an inquiry by President Cook regarding the presence of "The Colonel" on the sign,
Ms. Gutke replied that was always a part of the company's identity.
President Cook noted that the improvements were very much appreciated.
9-B. PLNOS-0153 -General Plan Amendment - 2400 Mariner Square Drive. The
applicant is requesting a General Plan Amendment for the MU2 Mariner Square Specific
Mixed Use Area to permit additional office use. The site is located at 2400 Mariner
Square Drive within M-2-PD General Industrial Manufacturing} Planned Development
Zoning District. Code Enforcement}. The applicant has requested this item be
continued to the regularly scheduled Planning Board meeting of August 11, 2005.}
This item was continued to the Planning Board meeting of August 11, 2008.
9-C. DR07-0056 -Major Design Review - 3327 Fernside Blvd. The applicant is requesting
a Major Design Review approval, which addresses: 1}Raising the residential structure to
create a third story and providing an addition at the rear of the residence; Z}
Reconfiguring the front staircase and front porch and expanding the garage door; 3}
Constructing a detached two-story structure in the rear yard that would serve as an
Page 6 of 23
City Council
Attachment 'I to
Public Hearing
Agenda Item #5-B
88-19-QS
additional dwelling unit. The site is located within an R-2 Two-family Residential
Zoning District}, ~DB~
Mr. Brighton presented the staff report. Staff recommended approval of this item,
The public hearing was opened.
Ms. Joanne Chandler noted that she owned the property north of and adjacent to the applicants'
property, and spoke in support of this project. She had no objection to the applicants' plans to
improve their home, and had been assured that the work would not be too disruptive. She noted
that the applicants' had elderly parents whom they would like to bring into the home. She could
see nothing detrimental about this project.
Ms. Tracy Cote believed such additions compromised the integrity of the neighborhood
aesthetic, and believed that too few of the additions, which she considered to be poorly thought-
through, were noticed or debated. She believed the proposed changes would negatively impact
the historic facade. She was concerned about the double-wide garage, which was not typical for
this neighborhood. She expressed concern that the addition would not fit in with the area, and
would degrade the surrounding historic residences. She requested that the applicants be directed
to redesign an addition that would suit their needs, but would not negatively impact the
surrounding neighborhood.
Ms. Donna Talbot, applicant, noted that pursuant to the last Planning Board meeting, all of the
criteria for the approval had been met, She noted that they no longer needed any variances, were
in compliance with all Alameda Municipal Codes, resolved the height problem with the house,
and had incorporated the Planning Board's recommendations. She believed the photographs were
biased, and noted that they preferred to follow the Board's recommendations and move forward
rather than start the project again. She noted that the public hearing had been closed at the last
meeting. She Hated that the new elevations incorporated the suggestions from the January 28,
2008, meeting, as well as suggestions made by Planning Services Manager Jon Biggs. She noted
that the front elevation on page 1 eliminated the massive stucco at the front and opened up the
porch, She believed staff s suggestion of adding an open porch was excellent, and that it
improved the look of the project.
Ms. Talbot noted that the driveway did not cut down, did not look out of place with the rest of
the neighborhood, and the front yard had a nice flow to it. She noted that the two-car garage had
a single-car entrance off the street, which was similar to many properties off Fernside Blvd. She
believed the driveway was attractively incorporated into the design. They redesignated the
boathouse as a second dwelling unit, and that they no longer needed any variances. She noted
that at the last Planning Board meeting, they discussed the height of the structure, and noted that
page 4 explained the changes in the height from the existing to the proposed height. She noted
that they reduced the height from 3 ~'9" to 30' to meet the AMC requirement. She noted that the
redesigned the front roof to a gabled style in order to reduce the roof height by the nine inches.
However, design review staff did not like that concept and upon further reflection, neither did she
and the co-applicant. They agreed to maintain the gable-style roof at the front of the house
during the March 5 meeting with Jon Biggs and Dennis Brighton. Mr. Biggs had suggested that
Page 7 of 23
since the nine-inch roof ridge was not a living space or attic, that it could be considered an
architectural element, and extend beyond the 30-foot maximum. She and her husband agreed
with that suggestion, and stated that they would incorporate that design into the design of the
project. They displayed the new roof angle on the overhead screen.
Ms. Talbot noted that Board member Cunningham stated at the last Planning Board meeting that
they were well within their rights to raise the height of the structure to 30 feet. They believed that
based on Mr. Biggs' suggestion, that the height and design issue of the front roof was resolved.
with respect to Mr. Brighton's comments relating to the new roof at the rear of the structure, she
noted that was the f rst time that Mr. Brighton had voiced that recommendation, and they did not
believe this was an appropriate time to bring new suggestions to the table. She noted that none of
the neighbors she or the co-applicant had spoken to voiced any concern about the project. She
noted that the only opponents to the project that she was aware of were the Alameda
Architectural Preservation Society, Mr. Brighton and Ms. Cote, She believed the proposed
project met the objective and the intent of Chapter 13 s and 3 0 of the Alameda Municipal Cade,
and represented a reasonable balance between their development objectives as the owner of the
property, including handicapped accessibility and the community's desire to preserve its
architectural quality and historic identity.
Mr. Christopher Buckley displayed several slides on the overhead screen, and noted that a letter
the AAPS had addressed to the Historical Advisory Board was included in the packet. They had
not seen the revised design, and expressed appreciation to the applicant for their efforts to reduce
the building heights and improve the front elevation. AAPS agreed with staff that the building
should not be lifted at all, and that the building was already signif cantly higher than other
buildings in the neighborhood. They believed that lifting the building further would distort its
proportions, and did not see why it needed to be lifted because there was an extra two feet of
headroom in the garage. AAPS agreed with staff that excavating would be the preferred
approach. The appearance was boxy and not consistent with the Craftsman style. They believed if
the eave were to be reduced and cross gables or dormers were introduced to handle the upstairs
windows, as was done on the front elevation, the building would have a much mare integrated
Craftsman design. He noted that the six-foot addition consisting of the porch over the garage
broke the setback line and introduced a significant new building mass which projected into the
street. He noted that the double-wide garage became a dominating element, although it was
broken up by the Craftsman doors.
Ms. Nancy Hurd noted that she lived two blocks away from this house, and believed that his
house was bigger than other houses on the street. She favored the excavation to reduce the
amount of height, but questioned the changes that would take it away from the Craftsman style.
She did not believe the house looked symmetrical in the drawings, and would Like to see the
original design of the house retained as much as possible, and not raising it any further.
Mr. Seth Hamalian noted that he lived two doors down from the applicants' home, and had often
heard comments from people that the homes in this neighborhood had character. He liked the
uniqueness of the homes in Fernside, and noted that one style did not dominate the
neighborhood. He strongly favored allowing the applicants to go forward with their proposed
design, and believed the message being sent by this process should be considered. He did not
Page 8 of 23
believe this process should be so arduous for the applicants, and that their home should not be
placed under a magnifying glass. He urged approval of this item.
The public hearing was closed for Board discussion.
Vice President Kohlstrand noted that she had taken issue with the height, the facade and the fact
that the variance was being sought when this item was f rst heard. She believed the revisions
addressed those issues. She noted that Mr. Buckley's letter mentioned the Golden Mean, and was
concerned that it was not discussed in the staff report.
Mr. Brighton noted that the Golden Mean issue was a general issue discussed with respect to
historic homes, generally Victorians and revival homes. He noted that Craftsman homes received
special treatment in the design guidelines. In this case, Craftsman had certain proportionality,
including a lower proportional base which meant they stayed low and wide. He noted that staff
was critical of popping up Victorians and creating front staircases that were inconsistent with the
scale of the structure, as well as the architectural integrity of the structure. Staff believed it was
critical to maintain the integrity of the Craftsman structure.
Board member Ezzy Ashcroft Hated that this kind of discussion made a better community, and
that it returned to the drawing board by mutual agreement of the applicant and staff. She
requested that Mr. Brighton explain the difference between a bungalow and a Craftsman home,
which he did. She was concerned about the relocation of the stairway, and noted that most of the
homes in the neighborhood did not have center porches and center walkways. She liked the
porch treatment, and believed the double-wide garage doors were in proportion to the rest of the
house. She was concerned with an item brought up by the RAPS, and did not want to see a home
tower over its neighbors, She believed the 30-foot height limit was fine, and inquired about the
9-inch architectural element. She did not believe the roof in the front added enough detail, and
Iiked the back of the house. She agreed with Mr. Buckley's comment that the sides of the house
that they would be made to look more authentic in the Craftsman style with bay windows,
However, the only people who would see the side of the house would be the adjacent neighbors.
Mr. Cunningham believed that a lot of progress had been made since the last hearing, and that
the appearance of the front of the house looked much better, He believed the excavation would
be a detriment, and would like to maintain the 30-foot height limit. He believed the appearance
would be improved if some relief were to be added to the roof, He would like to see
improvements to the side of the house visible from the street, rather than encumbering the
applicant with architectural gyrations on the back of the house. He believed the design looked
much better than it had before.
In response to an inquiry by Board member Autorino regarding the details of the excavation the
applicant, displayed and described the method by which the excavation would be accomplished.
He noted that they planned a very expensive installation of an elevator so their parents would
have access to the entire house.
In response to an inquiry by President Cook why the extra nine inches would be necessary, and
why the ceiling height could not be $'6", the applicant replied that he would not be certain the
Page 9 of 23
handicapped vans in the garage. He noted that he could research that issue and added that it was
difficult to get his pickup truck in the garage at this time.
Ms. Talbot added that there were substantial support beams in the garage, so the effective ceiling
would be lower.
President Cook noted that there was a slippery slope, and that the current height limit was 30 feet.
She noted that it was difficult to treat one case differently.
Ms. Talbot noted that was the reason that Mr. Biggs came up with the architectural element, so
they would be in compliance with the Alameda Municipal Code, and so that a variance would
nvt be needed.
Vice President Kohlstrand noted that no variance was involved in this case, and that the staff
interpretation was that it did meet the height requirement.
Mr. Brighton stated that the staff interpretation was that it would meet the height requirements if the
house was not raised. However, if the Board decided to change the condition to raise the house, then
the proposal of using the architectural element was acceptable to staff.
Ms. Talbot described the orientation of the house towards the water, and that no one looked at it
from behind. She added that it was not strictly a Craftsman style house in the back, and that an
addition in the back was constructed in X000.
President Cook noted that the structure behind the house was very nice.
Board member Ezzy Ashcraft noted that she did not see the discussion with Mr. Biggs reflected in
the staff report.
Ms. Talbot noted that she was surprised by that issue, and stated that they left the meeting with the
design review staff, believing that the issues had been resolved. She believed that their appearance
before the Planning Board was more of a courtesy to tell them how they had incorporated the
Board's suggestions.
Board member Ezzy Ashcraft inquired if nine inches was all that kept the Board from be able to
find in the applicants' favor, and whether there was any way to shave nine inches off. Ms. Talbot
replied that they came forward with the proposal for the gable roof, which they did not particularly
like, in an attempt to shave nine inches off the roof. She had not realized how Jiff cult that would
be, and added that the height of the garage was very important to them,
Board member Ezzy Ashcraft noted that she understood what the applicants intended to do with the
garage. She also felt strongly about the 30-foot height limit, and added that the Planning Board was
not aware of the nine-inch architectural detail.
Board member Cunningham noted that they would be able to have up to a 5% slope for
handicapped access, and that a berm at the street would keep the water out.
Page 10 of 23
Ms, Talbot believed that Condition 1 addressed the back roof, which was a new roof that was not
part of the old Craftsman house.
Board member Cunningham believed that was open to opinion, but that the 30-foot line was clear
from the Planning Board's point of view. He shared President Cook's concern that if this height
extension were to be allowed, then other residents would ask for the same allowance or greater,
The applicant inquired whether the project would be able to move forward if the nine-inch
architectural feature were to be removed. Board member Cunningham believed that would be the
case if the roof ridge were to go down nine inches.
In response to an inquiry by Vice President Kohlstrand whether the pitch of the roof would need
to be changed in that case, Board member Cunningham replied that would not be the case.
Ms. Talbot noted that they were trying to preserve the look of the roof, but if the 30-foot height
limit was more important, that would be fine with them,
Board member Cunningham noted that the Planning Board must either follow the Alameda
Municipal Code, or make finding that there was a unique characteristic about the property that
would allow the height to be increased. He noted that the Board could not do that, and must
follow the AMC; he added that the Board was not trying to single the applicants out, and
intended to ftnd a way to make the prof ect work for them.
President Cook noted that the Planning Board had decided that the total height of the house was
more important than the number of stories, particularly with respect to having a thud story.
Vice President Kohlstrand noted that it was clear to her that the applicants were trying to
complete this project in a way that would enhance the neighborhood, to have a house that was
architecturally representative of the area, and in a way that could accommodate their needs and
those of their parents.
Board member Ezzy Ashcraft suggested a second condition:
"The structure .shall not exceed 30 feet in height regardless of the addition of any
architectural detail."
She believed that condition would allow the applicant to determine how to work within the 30-
footheight limit.
Vice President Kohlstrand moved to adopt the draft Planning Board Resolution to approve a
Major Design Review approval, which addresses: 1}Raising the residential structure to create a
third story and providing an addition at the rear of the residence; 2} Reconfiguring the front
staircase and front porch and expanding the garage door; 3} Constructing a detached two-story
structure in the rear yard that would serve as an additional dwelling unit. The two special
conditions will be removed, replaced by the following modification:
Page 1 I of 23
1. The structure shall not exceed 3~ feet in height regardless of the addition of any
architectural detail,
Board member Ezzy Ashcraft noted that it would be impossible for her to consider a guideline
that she had not read prior to the meeting, She did not wish to be unfair to the applicant, and
wished to do the most responsible job possible in making a determination regarding this
application. She noted that if the applicant was comfortable with what the Board has come up
with, that was fine; otherwise, they could request a continuance.
Board member Cunningham seconded the motion, with the following voice vote - 5. Noes: 0
Absent: 2 Lynch, McNamara}; Abstain: 0, The motion passed.
President Cook called for a recess.
9-D. PLN48-OIBI ~- Grand Marina Village Residential Development Master Plan
Amendments. Proposed Master Plan Amendment to reduce the number of affordable
housing units required on the site from ten to five, and allow far five slightly larger lots.
Applicant is also seeking a finding that the Island High School site, 2437 Eagle Avenue,
is suitable for affordable housing, and the purposes of the Affordable Housing
Requirements would be better served by construction of at least nine affordable units at
the Island High site rather than five affordable units at the Grand Marina site. The Grand
Marina site is zoned M~ Mixed Used Zoning District}. The Island High site is zoned M-
1(Intermediate Industrial Manufacturing District}. SAT}
Mr. Thomas summarized the staff report.
An extensive discussion about the details of the staff report ensued.
The public hearing was opened.
Mr. David Day noted that although he was a member of the Board of Education for the Unified
School District, he was speaking on his own behalf rather than that of the District. He could not
speak to the merits of below-market-rate housing in, the City, but stressed his opinion that this
Draft Resolution would be good far the District. He invited any questions related to the School
District.
Vice President Kohlstrand inquired who initiated moving the affordable units off site, Mr. Day
replied that the School District first heard about this issue the previous Friday evening, and asked
for more notice from City staff in the future. He noted that the City and District had been
discussing affordable housing on the Island High site for many years, and that the site had been
vacant. He believed this project would increase their opportunities.
Board member Ezzy Ashcraft noted that she was in favor of affordable housing at the old Island
High School site. She noted that was something that other cities such as Santa Clara and San Jose
had done for school district employees. She understood that the site was not currently zoned
Page 12 of 23
CITY GF ALAMEDA PLANNING BOARD
RESOLUTI~IV N~. PE-o8-~4
ARESOLUTION GFTHE PLANNING BOARD OFTHECITYOFALAMEDAGRANTING
APPROVAL GFDESIGN REVIEW DR07-0086 FOR THE STRUCTURAL EXPANSION GF
ASINGLE-FAMILY DWELLING AND THE ADDITION OF A DWELLING UNIT AT 3327
FERNSIDE BOULEVARD
WHEREAS, on March 11, 2008 the applicant applied for a Major Design Review, DR07-
005Gthat involves structural alterations and the addition of a second detached dwellin unit
. g
located at 3327 Fernside Boulevard; and
WHEREAS, the application was deemed complete on April 10, 2008; and
WHEREAS, the General Plan designation of the site is Medium Density Residential;
and
WHEREAS, the parcel is located within the R-2,Two-family Residential Zoning District.;
and
~NHEREAS, the praposal is Categorically Exemptfrom State CEQAGuidelines, Section
15301 ~e}~2} Existing Facilities -addition of less than 10,000 square feet to an existin
g
structure and, as conditioned, Section '15331 for projects consistent with the Secretary of
the interior's Standards for the treatment of historic properties; and
vIIHEREAS, the Board is able to make the following findings relevant to the Major
Design Review application:
1. Projects must be compatible with their site, any adjacent or neighborin
g
bu~ld~ngs or surrounds and promote harmonious transitions in scale and
character in areas between different designated sand uses. This f nding can be
made subject to conditions of design review approval. The project would otherwise
utilize all materials and architectural elements that would match the original buifdin .
g
The new detached building would match the materials of the existing main buildin .
g
2. The proposed alterations are compatible with the SecretaryoflnteriorStandards
and are compatible with the City of Alameda Guide to Residential Desi n
g
Standards. All proposed alterations would be historically compatible with the historic
integrity of the structure, The proposed addition would generally include features that
are consistent with the existing character of two-story Craftsman residences in
Alameda. These features would include window trim and exterior molding, matchin
. g
stucco and wood siding. The scale of the proposal is compatible with other residential
buildings in the neighborhood and it will not destroy historic materials, features, or the
spatial relationships that characterize the property and the neighborhood, The new
work will not be differentiated from the old and will be compatible with the historic
City Council
Attachment Z to
Public Hearing
Agenda Item #5-B
08-19.08
materials, features, size, scale and proportion, and massing to protect the irate rit of
gy
the property and its environment.
3. The project is consistent with CEQA Guidelines, Section 15331 Historical
r
Resource Restorat~onlRehabilitation}that requires consistency with the Secrets
.. ~
of Interior s Standards specrf~c to the fol[ow~ng elements:
a. A property will be used as it was historically or be given a new use that
requires minimal changeto its distinctive materials, features, spaces, and
spatial relationships.
b. The historic character of a property will be retained and reserved. The
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removal of distinctive materials or alteration of features, spaces and
spatial relationships that characterize a properly will be avoided.
This finding can be made subject to conditions of design review a royal. The
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structure has historic importance due to its construction date in 1924. This would retain
the existing spatial relationships of the Craftsman residence.
BE fT FURTHER RESOLVED THAT the Planning Board of the City of Alameda hereb
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approves Design ReviewDRQ7-Oo56forthe structural addition and dwelling unitaddition at
3327 Fernside Boulevard subject to the following conditions;
~1} This Design Review approval is valid for one year. Construction shall commence
under valid permits prior to June 23, X049, unless the applicant applies for and is
granted an extension by Planning Division staff priorto this expiration date.
~2} The plans submitted for building permit and construction shall be in substantial
compliance with plans prepared by Design Planning Associated, Inc., received on
March 11, 248 and on file in the office of the City of Alameda Plannin and
9
Building Department, except as modified by the conditions I,sted below.
~3} The plans submitted for building permit approval shall clearly show that the structure
finished structure shall not exceed 3Q-feet in height including an architectural
. y
elements but excluding the chimney, to the satisfaction of the Plannin and Buildin
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Director.
~4} Deteriorated historic features will be repaired rather than replaced. Uvhere the
severity of deterioration requires replacement of a distinctive feature, the new
feature will match the old 'rn design, color, texture, and, where possible, materials.
Replacement of missing features will be substantiated by documents and h sical
ry py
evidence.
~5} The final plans submitted for Building Permit approval shall accurate) de ict all
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existing conditions and all proposed alterations and should be fully dimensioned to
clearly depict the scope of the project, to the satisfaction of the Plannin and
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Building Director.
~6} Chemical or physics! treatments, if appropriate, will be undertaken usin the
9
gentlest means possible. Treatments that cause damage to historic materials will
not be used.
~7} Archeological resources will be protected and preserved in place. if such resources
must be disturbed, mitigation measures will be undertaken.
Page 2 of 4
~8} The final plans, submitted for building permit approval, shall conform to Buildin
g
Code, Zoning Ordinance, and Alameda Design Guideline requirements.
~9} Planning Division staff site inspection is required priorto the final Buifdin lns ection
. 9 p
andlor priorto the issuance of Certificate of Occupancy. The a licant shall nati
pp fy
the Planning and Building Department at least four working da s rior to the
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requested Planning Division inspection dates.
X10} ~ The plans submittedforbuilding permitand constructionshall incor orateawindow
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schedule and each cond~t~on of approval, other than this one, listed in this
Resolution. All new and replaced windows and window trim shall exact) match the
. y.
appearance of the orig~naf windows and window trim to the satisfaction of the
Planning and Building Director. The conditions shall be ade uatel identified on the
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plans under a heading titled "CITY OF ALAMEDA, CONDITIONS OF APPROVAL."
X11} All newsiding shall match the size milling}and texture of the on final sidin to the
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satisfactEOn o~ the Planning and Building Director. A small sam Ie of new sidin
. p g
shall be provided to staff prior to Building Permit approval in order to assure
compliance with this standard.
X12} There shall be no new external installation of plumbing andlor vent i es otherthan
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shown an the approved plans.
X13} Any other exterior changes shall be submitted for Plannin Staff review and
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approval.
X14} HOLD HARMLESS. The applicant shall defend with counsel reasonabl
Y
acceptable to the City}, indemnify, and hold harmless the City of Alameda, its
Redevelopment Agency, the Alameda City .Planning Board and their res ective
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agents, officers, and employees from any claim, action, or proceedin includin
g~ g
legal costs and attorney's fees} against the City of Alameda, Alameda
RedevelopmentAgency, Alameda City Planning Board andtheirres ective a ents
p g r
officers or employees to attack, set aside, void or annul, an ap roval b the Cit of
p Y Y
Alameda, the Planning and Building Department, Alameda City Plannin Board the
g ,
City of Alameda RedevelopmentAgency or City Council relatin to this ro'ect. The
g PJ
City shall promptly notify the applicant of any claim, action or roceedin and the
p g
City shall cooperate in such defense. The City may elect, in its sole discretion to
par#icipate in the defense of said claim, action, or proceeding,
NOTICE. No judicial proceedings subject to review pursuant to California Code of Civil
Procedure Section 1094.5 may be prosecuted morethan ninety X90 da sfollowin the date
} y g
of this decision plus extensions authorized by California Code of Civil Procedure Section
1094.6
NOTICE. The conditions of project approval set forth herein include certain fees and other
exactions. Pursuant to Government Code Section 66020 ~d} ~1 }, these Conditions constitute
written notice of a statement ofthe amount of such fees, and a descri tion of the dedications
. p ,
reservations and exactions. The applicant is hereby further notified that the 90-da a eal
. Y pp
period, ~n which the applicant may protest these fees and other exactions, ursuant to
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Government Code SectEOn 66020 ~a}has begun. If the applicantfaits to fle a rotestwithin
. P
this 90-day period complying, with all requirements of Section 66020, the a licant will be
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legally barred from later challenging such fees or exactions.
Page3of4
The decision of the Planning Board shall be final unless a ealed to the Cit
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Council, rn writing and w:thin ten ~~ o}days of the decision, by filin with the Plannin and
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Building Department a written notice of appeal stating the basis of a eat and a in the
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required fees.
PASSEDANDAD~PTED this 23rd dayof June 2008 bythe Planntn Board of the
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City of Alameda by the following vote:
AYES: ~5} Cook, Kohlstrand, Autorino, Cunningham, Ezz Ashcraffi
Y
NOES: ~0}
ABSENT: (2) Lynch, McNamara
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~drew`Tl~r~as, Secretary
ity of Alameda Planning Board
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Agenda Item #5-8
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Attachment 4 to
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Agenda Item #5-B
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Public H¢ar&tg - hne 43. 2008
'i MaJor p¢~gn ReVi¢w - DR07-0056
Item No. 9{
Exp~arta~tion of Roof Height - E~asting to Proposed
Existing Roof Height - 28 feet 9 inches
Increase Basement floor to ceiling from l feed 6~ ~0 9 feed 5"
Bub~a#al
Less - 9 inch ~-rchitec~ural Elernenf - Per ,ion Biggs
Taal Prapased Roaf H~igh~ -
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Page 4
CITY GF ALAMEDA RESOLUTION NO.
~~
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OVERTURNING THE PLANNING BOARD DECISION CONDITIONALLY
APPROVING MAJGR DESIGN REVIEW DROl-0056 FOR THE STRUCTURAL
EXPANSION OF ASINGLE-FAMILY DWELLING AND THE ADDITION GF A
SECOND DWELLING UNIT AT 3321 FERNSIDE BOULEVARD
WHEREAS, the Planning Board held a public hearing on this application on
June 23, 2008 and examined pertinent maps, drawings, documents and testimony
and acted to conditionally approve the Major Design Review; and
WHEREAS, the Alameda Architectural Preservation Society ~AAPS}
submitted an appeal the Planning Board's action on July 3, 2008; and
WHEREAS, the Council of the City of Alameda held a public hearing on
August 19, 2005 and examined pertinent maps, drawings, documents and
testimony; and
WHEREAS, the City Council has made the following findings relevant to the
Major Design Review application:
1. Projects must be compatible with their site, any adjacent or
neighboring buildings or surrounds and promote harmonious
transitions in scale and character in areas between different
designated land uses.
This finding can be made subject to conditions of design review approval that
exclude raisingthe heightofthestructureand changingthe raoffromagambrelto
a gable roof to match the scale and pitch of the original roof. The addition would
incorporate a gable roof thatmatchesthe pitch and style of the originalgable roof
through the use of a lowered top-plate, cross-gables, and dormers. The project
would otherwise utilize all materials and architectural elements thatwould match
the original building. The new detached building would match the materials of the
existing main building.
2. The proposed alterations are compatible with the Secretary of Interior
Standards and are compatible with the City of Alameda Guide to
Residential Design Standards.
This finding cannot be made because raising the structure and altering the roof
would create an excessively massive structure that is incompatible with the historic
design of the existing structure and the historic scale of the neighborhood.
However, all other proposed alterations would be historically compatible with the
historic integrity of the structure if the structure is not raised and maintains a roof
Resolution #5-B
os-~~-oa
line and pitch that matches the original roofconfiguration. The proposed addition
would generally include features that are consistent with the existing character of
two-story Craftsman residences in Alameda. These features would include
window trim and exterior molding, matching stucco, and wood siding. If the
structure is not raised, the scale of the proposal is compatible with other residential
buildings in the neighborhood and it will not destroy historic materials, features, or
the spatial relationships that characterizethe propertyandthe neighborhood. The
new work will not be differentiated from the old and will be compatible with the
historic materials, features, size, scale and proportion, and massing to protect the
integrity of the property and its environment.
3. The project is consistent with CEQA Guidelines, Section 15331
Historical Resource RestorationlRehabilitation~ that requires
consistency with the Secretaryoflnterior's Standards specific to the
following elements:
a. A property will be used as it was historically or be given a new
use that requires minimal change to its distinctive materials,
features, spaces, and spatial relationships.
b. The historic character of a property will be retained and
preserved. The removal of distinctive materials oralteration of
features, spaces and spatial relationships that characterize a
property will be avoided.
This finding can be made subject to conditions of design review approval that
exclude raising the height of the structure and changing the rooffrom a gambrel to
a gable roof to match the scale and pitch of the original roof. The structure has
historic importance due to its construction date in 194. This would retain the
existing spatial relationships ofthe Craftsman residence.
WHEREAS, the City Council finds that the project as conditioned, is
Categorically Exempt from State CEQA Guidelines, Section 15301~e}~2} Existing
Facilities - addition of less than 10,000 square feet to an existing structure and, as
conditioned, Section 15331 for projects consistent with the Secretary of the
lnterior's Standards for the treatment of historic properties.
NGVV THEREFGRE BE IT RESOLVED that the City Council of the Gity of
Alameda herebygrantstheappealand overturnsthe Planning Board'sconditional
approval of Major Design Review, DROl-0056.
BE IT FURTHER RESOLVED that the City Council of the City of Alameda
conditionally approves Major Design Review, DR07-0456, subject to the following
conditions:
~1 } This Design Review approval is valid for one year. Construction shall
commence under valid permits prior to August 19, 2009, unless the
applicant appliesforand isgranted anextension byPlanning Division staff
priorto this expiration date.
~2} The plans submitted for building permit and construction shall be in
substantial compliancewith plans prepared by Design PlanningAssociated,
Inc., received on March 11, 2448 and on file in the office of the City of
Alameda Planning and Building Department, except as modified by the
conditions listed below.
~3} The project shall be revised with a gable roof aver the rear addition that
utilizes lowered plate heights and eave lines, cross-gables, and dormersso
that the new roof would match the scale and pitch of the original roof.
~4} The structure shall not be raised in height by more than 5-inches.
~5} The final plans submitted for building permit approval shall provide a
greater width of the front entry stairs to the satisfaction of the Planning and
Building Director.
~6} The existing roof ridge shall not be truncated or altered to conform to
maximum building height standards.
~l} Deteriorated historic features will be repaired rather than replaced. vUhere
the severity of deterioration requires replacement of a distinctive feature,
the new feature will match the old in design, color, texture, and, where
possible, materials. Replacement of missing features will be substantiated
by documentary and physical evidence.
~8} The final plans submitted for Building Permit approval shall accurately
depict ail existing conditions and all proposed alterations and should be
fully dimensioned to clearly depict the scope of the project, to the
satisfaction of the Planning and Building Director.
~9} Chemical or physical treatments, if appropriate, will be undertaken using
the gentlest means possible. Treatments that cause damage to historic
materials will not be used.
X14} Archeological resources will be protected and preserved in place. If such
resources must be disturbed, mitigation measures will be undertaken.
X11 } The final plans, submitted for building permit approval, shall conform to
Building Code, Zoning Ordinance, and Alameda Design Guideline
requirements.
X12} Planning Division staff site inspection is required priorto the final Building
Inspection andlor priorto the issuance of Certificate of Qccupancy. The
applicant shall notify the Planning and Building Department at least four
working days priorto the requested Planning Division inspection dates.
X13} The plans submitted for building permit and construction shall incorporate a
window schedule and each condition of approval, other than this one, listed
in this Resolution. All new and replaced windows and window trim shall
exactly match the appearance of the original windows and window trim to
thesatisfaction ofthe Planning and Building Director. The conditions shall
be adequately identified on the plans under a heading titled "CITY CF
ALAMEDA, CGNDITICNS 4F APPROVAL."
X14} Ail new siding shall match the size milling}and texture of the original siding
to the satisfaction of the Planning and Building Director. A small sample of
new siding shall be provided to staff priorto Building Permit approval in
order to assure compliance with this standard.
X15} There shall be no new external installation of plumbing andlor vent pipes
other than shown on the approved plans,
X16} Any other exterior changes shall be submitted for Planning Staff review and
approval.
~1l} HGLD HARMLESS. The applicant shall defend with counsel reasonably
acceptable tothe City}, indemnify, and hold harmlessthe CityofAlameda,
its Redevelopment Agency, the Alameda City Planning Board and their
respective agents, officers, and employees from any claim, action, or
proceeding including legal costs and attorney's fees} against the City of
Alameda, Alameda Redevelopment Agency, Alameda City Planning Board
and their respective agents, officers oremployees to attack, setaside, void
or annul, an approval by the City of Alameda, the Planning and Building
Department, Alameda City Planning Board, the City of Alameda
Redevelopment Agency or City Council relating to this project. The City
shall promptly notify the applicant of any claim, action or proceeding and
the City shall cooperate in such defense. The City may elect, in its sole
discretion, to participatein thedefense of said claim, action, orpraceeding.
NOTICE. No judicial proceedings subject to review pursuant to California
Code of Civil Procedure Section 1094.5 may be prosecuted more than ninety (90)
days following the date of this decision plus extensions authorized by California
Code of Civil Procedure Section 1094.6
NGTICE. The conditions ofprojectapproval setforth herein include certain fees
and other exactions. Pursuant to Government Code Section 66020 ~d} ~1 }, these
Conditions constitute written notice of a statement of the amount of such fees, and a
description of the dedications, reservations and exactions. The applicant is hereby
further notified that the 90 day appeal period in which the applicant may protest
these fees and other. exactions, pursuant to Government Code Section 66020 ~a}
has begun. If the applicant fails to file a protest within this 90 day period complying
with all requirements of Section 66020, the applicantwill be legally barred from later
challenging such fees or exactions.
******
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 19th day of August, 2D08, by thefollowing vote
to wit:
AYES
NOES:
ABSENT:
ABSTENTIONS:
IN vllITNESS, VvHERECF, I have hereunto set my hand and affixed the
seal of said City this 20t"day of August, 2DD8.
Lara IllJeisiger, City Clerk
City of Alameda
CITY GF ALAMEDA
Memorandum
To: Honorable Mayor and
Members of the City Council
From: Debra Kurita
City Manager
Date: August 10, 2008
Re: Hold a Public Hearing to Consider An Appeal of the Planning Board's
Denial of a Variance and Major Design Review to Build an 868 sq. fk.
Hobby Woodworking Structure at 1601 Pearl Street l 2622 Edison Court
Within the R-1, Gne Famil Residence District
BACKGRGUND
4n June 23, 2005, the Planning Board considered a proposal for a variance and Major
Design Review to build a second main building on the property located at 1601 Pearl
Street ~ 2622 Edison Court to be used as a hobby woodworking structure. The proposal
was unanimously denied.
A variance is required for the proposed structure because it would encroach into the
rear and side yard setbacks. Construction is proposed five feet from the rear property
line, where a 20-foot setback is required, and three feet from the side property line,
where afive-foot setback is required, pursuant to Alameda Municipal Code RAMC}
Section 30-4.1~d}. The City's Building Gfficial determined that the proposed wood
workshop is a Group F factory and industrial} occupancy. Therefore, by def nition, the
proposed structure must be considered a second main building under the City's zoning
regulations, and cannot be considered an accessory building. Pursuant to the AMC, an
accessory structure must conform to the Group U futility} occupancy classification.
Consequently, the proposed structure must comply with the development standards for
a main building, which require greater setbacks.
Staff recommended that the Planning Board deny the variance and Major Design
Review applications. Based upon a review of the proposal, including the design and
proposed use, the structure's close proximity to neighbors, potential for generation of
excessive noise, as well as one submitted comment from the public, the Planning Board
could not make the required findings to approve the project.
Gn July 3, 2008, following the Planning Board's denial, the applicantlproperty owner
filed an appeal. The appeal is included as Attachment 1.
City Council
Public Hearing
Agenda Item #5-C
4S-'19-05
Honorable Mayor and
Members of the City Council
DISCUSSION
August 19, 2008
Page 2 of 5
The applicant listed four grounds for appeal, which have been summarized below in
bold:
~. The project is consistent with AMC 30-37.5; the design is compatible with
the existing home, neighborhood character, scale, and use. The project is
consistent with the General Plan's general land use policies. The Planning
Board had no reasonable basis for denial.
The architectural design was not the cause for denial. To approve any project, the
Planning Board is required to make specific findings. Three findings must be made to
approve a variance, and one finding is required to approve a design review. In this case,
City staff was able to make the required design review finding, AMC Section 34-37.5,
cited in the appeal, refers to the finding required for approval of design review permits.
Gne Board member, who is an architect by trade, did voice his dissatisfaction with the
design, comparing it to a "big box." He also stated that he understood the need for the
parapet, but that it caused the structure to appear out of scale. This design review is
tied to a variance request to build a factory occupancy use building in an R-1, ~ne-
Family Residential setting. The Planning Board denied the application because it was
unable to make a!! of the required findings for variance approval. The minutes from the
Planning Board meeting are attached.} Key among those findings is that an exceptional
or extraordinary circumstance for the property or use exists. No such circumstance does
exist. ~IIlithout variance approval, the design of the building is a secondary
consideration.
The level of activity occurring in the proposed hobby woodworking shop would
potentially be more intensive than that found in a typical R-1 residential building. More
stringent health and safety regulations underscore this point. The workshop use is rated
Group F Qccupancy factory and industrial} under the City's building code regulations.
The building code does not distinguish between commercial and noncommercial
woodworking use. Current building code regulations require the proposed building to
have an automated sprinkler system, one-hour fire rated design with no openings
permitted within five feet of property lines, and air filtering equipment to reduce dust and
noxious fumes.
The proposed project is not compatible with City of Alameda General Plan Guiding
Policies, which strongly emphasize the need to maintain, protect and expand housing
while minimizing nuisances. A woodworking shop use conflicts with the goal of Guiding
Policy 2.4.h, to "control nonresidential development on sites adjoining residential
neighborhoods to minimize nuisances." This project is located in the middle of a Iow-
density residential neighborhood. This General Plan Policy is designed to reduce
potential conflicts between different land uses. Zoning separates a municipality into
districts, which permit specific building types and uses. Current City zoning regulations
do not permit the proposed use within an R-1 district. Pursuant to AMC 30-4.1 ~,
"cabinet and carpenters shops" are permitted in the C-M, Commercial Manufacturing
District. Pursuant to AMC 30-4.11, "woodworking shops" are permitted within the M-1,
Intermediate Industrial Manufacturing District.
Honorable Mayor and August 19, 2008
Members of the City Council Page 3 of 5
2. The property is extraordinary in lot shape and area.
The above finding is one of four findings that must be made to approve both the
variance and design review. This finding could not be supported because the existing lot
size, at 3,800 square feet, is typical for the surrounding area. The existing shape is not
extraordinary, but the applicant is requesting permission to create a new lot with an
unusual shape. The applicant proposes to create an irregularly shaped lot by merging a
portion of the neighboring lot at 2622 Edison Court with an existing developed
residential lot at 1607 Pearl Street blot line adjustment application PLN08-0361}, The
resulting irregularly shaped lot would not preclude development with a typical residential
accessory structure, such as a garage or storage building. The new lot size X5,949
square feet} will be larger than most of the surrounding properties.
While the circumstances applying to the proposed !ot size and shape may be
considered unusual if the lot line changes are approved, this single element was not the
cause for denial of the project. All four findings must be made to approve this project.
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Existing lot area shown as shaded, with proposed lot area hatched.
3. The applicantwas deprived of a substantial property right.
Development in R-1 zoning districts is restricted to one-family residential development
and ancillary accessory structures. A garage or storage shed would be permitted and is
considered an accessory use. A workshop, which by building code standards is
considered Group F ~factorylindustrial}, is not an accessory use to aone-family
dwelling. The AMC limits residential accessory buildings to structures that meet the
Building Code Utility ~"U"} occupancy. A typical accessory building would be permitted in
this location. However, the proposed workshop exceeds the maximum permitted height
for an accessory building and cannot be classified as a "U" occupancy building.
The applicant, at 1601 Pearl, purchased the subject property from the owners of 1609
Pearl through a Grant Deed in 1996. This land is not a separate legal lot. It must be
merged with the applicant's residential lot. Application number PLN08-0361 for a lot line
adjustment was filed on July 16, 2008, and is currently under review. If merged, it will
become an "L" shaped leg of the existing rear yard of asingle-family dwelling that abuts
the rear yards of six other residential properties. Construction of detached residential
accessory structures are permitted and typically do not require variance approval
Honorable Mayor and August 19, 2008
Members of the City Council Page 4 of 5
because the side and rear yard setback requirements are less restrictive. These
accessory buildings include garages, storage sheds, or other simple buildings that meet
a utility ~"U"} occupancy classification requirement. The applicant has the right to make
improvements to his property, but they must conform to City standards.
4. The applicant was denied due process of review procedures outlined in
AMC 30-92.
The procedures for review of a Design Review application are outlined by AMC §30-92.
This procedure was followed in the processing of the project being appealed. Pursuant
to AMC §30-36.1, the Planning Director may refer Design Review applications to the
Planning Board when the project generates significant public interest or involves policy
issues. However, it should be noted that the project also required approval of a
variance. The Zoning Administrator may approve simple, non-controversial variance
applications. In this case, staff could not make all required findings far the variance, and
the City received one letter from a neighbor opposing approval of this project. Pursuant
to AMC §30-21.2, the Zoning Administrator may only approve variances when all
required findings can be made and may refer applications to the Planning Board.
Findings
Variance findings deal with property-based hardships; they are limited to the physical
constraints of the property. A variance is designed to bring parity to property owners
who are unable to enjoy the same rights as other property owners within the same
zone. VIlhen permitted, a variance may be granted only when the strict and literal
interpretation of the regulations in the particular case would cause unnecessary
hardship. No variance may be granted which would have the effect of granting a special
privilege not shared by other property in the same district and vicinity. The June 23,
2008, Planning Board report, which is attached, included a discussion of all required
findings and supporting documentation. The Planning Board concurred with the staff
recommendation to deny the project because the record did not support the required
findings for variance approval. No new evidence has been submitted that would require
revisions to those findings.
BUDGET CONSIDERATI~NIFINANCIAL IMPACT
No additional funding is necessary related to planning activities for this project.
MUNICIPAL CODEIPGLICY DGCUMENTCRGSS REFERENCE
AMC §30-2, Definition of Accessory Building: Accessory building shall mean a detached
subordinate building, any part of which is within a required minimum yard of the subject
Zoning District, and the use of which is incidental to that of the main building on the
same lot, or to the use of the land. For properties within a Residential zone, or with a
Residential use, the use of such accessory buildings is restricted to garages, carports,
storage sheds, and similar buildings which are found by the Building Gfficial to conform
to the "U" futility} occupancy classification.
Honorable Mayor and August 19, 2008
Members of the City Council Page 5 of 5
AMC §30-2, Definition of Variance: Variance shall mean an exception to the provisions
of this chapter granted pursuant to section 34-21 herein that does not alter the use of
property or increase the density of the use of the property to an intensity permitted by a
different zoning district than that in which the property is located.
AMC §30-4.1(d)(6) Side Yard
AMC §30-4.1(d)(7) Rear Yard
AMC §30-21.1 Variances
AMC §30-36 Design Review Procedure
AMC §30-37 Design Review Regulations
ENVIRGNMENTAL REVIEW
The project is statutorily exempt from environmental review pursuant to Public
Resources Code, Section 21080 ~b}~5} ~- Projects that a public agency rejects or
disapproves and Guidelines for the California Environmental Quality Act ~CEQA},
Section 15270~b} -which exempts a project that an agency rejects or disapproves.
RECGMMENDATIGN
Hold a Public Hearing and adopt a resolution to uphold the Planning Board's decision to
deny the variance and design review to build an 868 sq. ft. hobby woodworking
structure at 1607 Pearl Street 1 2622 Edison Court within the R-1, One Family
Residence District.
Respectfully submitted,
J~7~~~ «°n->
athy Woodbury
Planning & Building Director
___
By: Laura Ajello
Planner I
Attachments:
1. Appellant's application to appeal the Planning Board's decision
2. Draft Planning Board minutes for June 23, 2008
3. Planning Board Staff Report dated June 23, 2008
4. Project plans includes site survey}
~~~
n~xrmixrou PETITION FOR APPEAL OR CALL FOR REVIEW
This petition is hereby filed as an appeal or call for review of the decision of the
Pfannin Board ~ ~~~~~
(Planning Qireotorl~or~ing Adml~ls#ratarlPianning f3oardlHistorl~al Adu~sory Board}
Denied for appl lcatlo~ variance
{aenie~l~rar~tedlEetabllshed Canditians} {gppfica~on type}
u~.OBS ~,~, _ . , at ~ fia7 Pearl Streetf~S2~ Edtsan _~o~rt
~Appfication Nurnher~ {~treetAddress}
on June ~~, ~OaB
(Specify Date)
The basis of the appeal ~or coil far review is:
JUl.03
F'~RMt t C~1V7-ER
L"4'""Pq~b~, ~'~g45G 7
(If mare space is needed, continue on the reverse side ar attach additional sheets.
Appelland;Robert Roi~ins
{Appelfar~ Name~s~, Planning Board ~Jlernl~sr or Council Member
Address: ~ 607 Pears S~ree# Alameda, Ca 9~50~
~Appeflant Address
AMA ~Bectian 3D-~~, Appeals and falls far Review, provides that within ten ~~ D} days ~ decision
of the Planning director ar Zoning Administrator ray be appealed to the planning Board, and
decisions of the Planning Board yr Historical Advisory .Board may be appealed to the fit
council. lf1 addition tat ~ . ~
he appeal process, decisions of the Planning D~rectar or ~onfng
Administrator may be called for review within ten {10~ days to the Planning hoard b the
Y
Planning Board or by tho pity ~~ouncil end decisions of the Planning Board or fhe Historical
Advisor Board may be called far review by the City ~~our~cil ar a mernber the pity ~auncil. _
A processing fee of ~~Dg.gB must accor~pany the Petition farAppeal. lea fee is rewired far a
fall for Review.
~~For ~fflee ~Uss Dnfy}
Recaiveci By:
Receipt lVo.:
Date Recei~red Stamp
City Council
Attachment 1 to
Public Hearing
Agenda Item #5-C
08-19.08
Appeal ~ Planning Board IResolutian PB-4~-1B
am appealing the derision of the City of Alameda Planning Board, which denied
niy application for a Variance ~C~~C06}and Design Review ~DRCl~C5~} to allow
new construction of a woodworking shop an rrty residential property located at
~.50~ Pear! Street. My proposal is Subject to the Major Design Review Process
under City of Alameda Municipal Code section SO~SI.~ ~a~ ~~}.1 complied with all
the City's stated requi~er~ents far this review by submitting extensive materials
regarding my proposed project including blueprints, a design abstract, and related
documentation.
I am appealing the Planning Board's decision on four grounds:
~.} Consistent with Municipal Cade section 3C~~.5, the proposed construction
project is compatible with my existing home, the lot my house sits on as well
as the rear lot facing Edison hurt, and is consistent with the neighboring
properties, including the character, scale and use. Moreover, the proposed
project is consistent with the general land use policies specified by the City
of Alameda's General Plan.
The Planning Baard acknowledged as much in its written decision, where it
stated !n relevant part: !`...granting of the variance will not, under the
cirauma~ant ~f this particular case, be detrimental to the public welfare or
injurious to persons or property In the vicinity." ~PB48-~B: Finding 3
emphasis added}.) Moreover, the Planning Baard made a findin in its
g
Design Review Application process that [t]he project ~ compatible with the
site, adjacent ~r neighboring buildings and surroundings and promotes
harmonious transitions in scale and character." ~PBCS-~B: Design Review
Application Finding ~. emphasis added}.} The finding also acknowledged
that the proposed struct~rre would not be visible from the street, is
conrtpatible with the architectural style of my home -stucco walls with the
roof accents -and perhaps most importantly, the scale would not be
overwhelming and given the lot configuration of this neighborhood would be
generally compatible with the scale 4f nearby development." ~PgDS-~G:
l~eesign Review Application Finding ~, f emphasis added},}
Based upon these statements, the planning Board's decision contravenes its
n fi 'n irectl contradicts s atements made b Plannin D m n
ersannel in n ~~nerous meetin s we had to discuss rrt a licatian and
rovides na reasonable basis far its denial. Accordingly, the Resolution must
be reversed and my application for a variance and Design Review approval
must be approved.
Robert Ralllns
Appeal of Resolution P~CB~~G
Page 2 of 4
Additionally, the City of Alameda has expressed in its General Plan that it is a
"Guiding Prioritya to "Er~~aintain and enhance the residential environment of
Alameda's neighborhoods, Alameda General Plan ~ ~.4.} lVathing In my
proposal will compromise these principles. In fact, the project I am
proposing enhances the value and use of this unique property, T e rear lot
cing.Edisan Court ~s.,l~ndloc,k~,d. T#~ere is n4 street access to the 14t and
without adding a workshop or other main building, the rear fat can be put to
no productive use. weighing the City's prlorltie~ against my property rights,
it is clear that the Board's denial unjustly deprives me of my right to make
full use of my property and does nothing to further the City's design
objectives. In fact, the Planning Board's findings indicate that my proposal is
consistent with and satisfies Alameda's l~lunicipai Code standards.
2~ My property is extraordinary based on its siFe and shapes thus, gfven the
irregular shape of the lot, the property is uniquely suited for the proposed
construction.
Contrary to the allegation in the Planning Board's Resolution PBQ$-~~, a
pending Iot-line adjustment will create an ~`L" shaped lot, con~bir~ing the lot
facing Pearl Street, where my primary residence is located, with a vacant let
facing Edison ~aurt. The rlew lot is quite large --almost 6,CC0 square feet ,
which provides ample room for constructing an main building in the rear of
the property consistent with the development priorities of Alameda.
It is surprising that the Planning Board would make such a finding that there
are no exceptional or extraordinary circumstances applicable to the property
in light of statements made by Planning Department staff during several
meeting we had to ensure that ~,y design prapasal met with the legal
requirements and ae$the#ic standards of our community. during my
meeting with Its. Ajello on August 2, ~CG7, and in recent meeting with Il~r.
Garrison, they both acknowledged that the irregular ~L~ shape of my lot
made my application unique, More specifically, Ids. Ajello stated that if
owned a standard rectan~uiar lot! there would be n4 problem with building a
si~eabie main building 'rn my backyard. In fact, she opjned that a variance
would possibly not even be necessary. However,l~ls. Ajello stated that she
believed the lot was sufficiently large to accommodate the new construction
I was proposing. Dore specifically, she stated that she believed it was a
compelling argument in favor of granting the variance that f proposed to
building an only 4C°Io of the rear lot ~fiacing Edison Court}.
Likewise, [Vlr. ~arrlsan stated that the ordinances were drafted to address
construction on standard 50 x ECG rectangular lots totaling ~,CCC square
feet, whereas my lot Is almost 6,OC0 square feet comprised at a parcel
facing Pearl Street and a parcel facing Edison Qourt. Me also acknowledged
that an argument could be made that this property was extraordinary and
Robert Rollins
Appeal of Resolution PB~B-~.~
Page~of4
therefore the protect would warrant a variance based upon the unique
character of the L-shaded lot.
3~ By denying my application, the Board has deprived me of a substantial
property right to which I any entitled.
when I purchased the Iot behind my home facing Edison Court, i did so with
the expectation that I would eventually be able to improve that property. The
large, empty Iot is perfectly situated to accornrr~odate an main building to be
used as a workshop. My contemplated use is consistent with the property
uses in my neighborhood, the City of Alameda and the State of California.
Moreover, Cali€arnia courts have consistently supported putting land~iacked
parcels to productive use by allowing construction of out buildings an the
annexed parcel.
The planning Board makes the comment in PBC$-~.6 tha# in denying my
variance and Design Review Application, i am not being denied a substantial
property right possessed by proper#y owners. This is patently false. if a
similarly situated property owner intended to build a workshop in the rear of
arectangular-shaped lot ~- even if the Iot were smaller -Mrs. Ajello and Mr.
Darrison indicated this would not be a problem. I am being discriminated
against, because my parcel is a unique shape that is not ordinarily
contemplated by City ordinances. It is unreasonable to deprive me of my
ability to put a urge, vacant lot, to a productive use, particularly given the
other Board finds that my proposal would not be detrimental to my
neighbors or incompatible with the aesthetics of the neighborhood
~~ 1 was denied Due process because the Planning Department failed to follow
its awn stated procedures. Chapter ~C-~~ of the Alameda Municipal Cade
outlines the planning Department's procedures far reviewing an application
for a building permit under the Design Review Application process. Section
30-9~.2 states in relevant part that r`[tjhe an i Dir shalt review the
applicatian...~, The Planning Director then makes a decision an the
application. If an applicant is dissatisfied with the Planning director's
decision, he ar she can then appeal to the full Planning Board and then to
the City Council.
This three'step process was implemented to insure a thorough review of a
proposed variance and the Design Review Application because denial of the
application deprives the applicant of a mast fundamental right -the right to
fully enjoy use of their property.
Had the Planning Director first reviewed my proposal and produced written
findings regarding what, if anything, would need to be added or revised to
Robert Rollins
Appeal of Resolution 1~~C8~~~
Page ~ of ~
ensure approval my proposal, i would have had the opportunity to make
these modifications and re~ubmlt the proposal far consideration by the foil
Planning ward: As it stands, l am forced to present my case directly to the
City Council wi~~out an opportunity for feedback and recansideratian within
the Planning D~partrr~ent itself,
As a result, t hake last the opportunity to receive valuable feedback from tha
Planning ~p~~ment and have bean forced to expend significant additlonal
time and mon~~ to have my proposal reconsidered by the City Council. l also
have been der~i~d one level of review and appeal in violat#on of the terms of
the Clty's Munld~pal Cade.
l have filed this appe~~ to preserve my right to challenge this Planning Board
Resolution and bring ~i~idence before the Alameda City Council as provided #or in
the City of A[ameda`s ~luniclpal Code. Unless the Rlanning Board reconsiders its
decision and reverses. its Resolution, l request my ap eal in front of the Cit Council
~~ p y
be scheduled in confd~'r~ance with Gity ordinances. Moreover, i reserve the right to
submit additional fac~i]al doc~rr~entation and legal authority to support this appeal
before the City Council:
7 3-°~
Board member Ezzy Ashcroft noted that the language would return to the Planning Board for
Item 2, but would still like the recommendation to go to the CIC that all three levels of
affordable housing be put in the mix for the off site project.
Board member Ezzy Ashcroft seconded the motion as amended, with the following voice vote - 5.
Noes: 0 Absent: 2 Lynch, McNamara}; Abstain: 0. The motion passed.
9-E. V07-0008 and Design Review, DR07-0045 -1607 Pearl Street1262Z Edison Court.
The applicant is seeking Variance and Design Review approval for adjacent properties. A
second building to be built 5 feet from the rear property line, where a 20-foot required
rear yard is usually required and 3 feet from the side property line, where a 5-foot side
yard setback is usually required. Encroachment into the rear and side yard setbacks
requires a Variance. The proposed new structure is an 868 sq. ft, hobby woodworking
workshop. The project will also require a lot line adjustment to transfer a portion of 1609
Pearl Street to 1607 Pearl Street. The property is located within the R-1, one family
residence, zoning district. ~LA~
Mr. Garrison presented the staff report, and noted that staff was unable to make two of three
required findings for the variance. Staff was able to make the f nding that the project would not
be detrimental to the public welfare, or adversely affect the neighboring properties. If the
variance was not approved, the design review would be considered a moot point. Staff
recommended denial of the variance and the design review at this time.
The public hearing was opened.
President Cook noted that there were no speaker slips, but that she had been asked to read a
public comment into the record:
"The property owner at 2620 Edison Court, Mary Liley, called to voice her disapproval
of the proposed project. Her concern was that the building would like house a commercial
woodworking shop that would create a lot of noise. She was unable to attend the meeting
tonight."
Mr. Bob Rollins, applicant, disagreed with staff's assessment that there was no unique situation
with respect to this project. He requested this project because he was disabled from his previous
job as a 28-year veteran of the Berkeley Police Department. He was unable to do any other jobs
because of his disability, and added that the building was as high as it was because he wanted to
install a hoist in the building. He proposed putting solar panels on the roof with the intention to
make it a zero~use residence. He noted that required the installation of fairly large trusses to
support the weight of 39 panels, to produce a 5.5- to 6-kilowatt system, with athree-day battery
backup system. He intended to install a water reclamation system for stormwater. He noted that
with respect to the solar panels, the Fire Department required athree-foot space around the
outside, and three feet between each row to enable access for inspection or emergencies. He
noted that the parapets were three feet high in order to screen the mechanics from the neighbors'
sight. He believed the size and shape of the building were exceptional, and that the findings
City Council
Pa e 17 of 23 Attachment Z to
g
Public Hearing
Agenda Item #5-C
x8.19-08
could be made. He noted that the rules for lots were written for 50' x 100' rectangular lots, which
accounted for two-thirds of the lots in the City. He noted that he could build the proposed
building with a minor footprint change using the same square footage without requesting any
variances. He noted that half the block was R-4 zoning, and half was zoned R-1; the lots in the
R-1 zone could accommodate this size building with a minor footprint change without requesting
any variances, and that they could meet all the setbacks. He noted that the lot was actually Z-
shaped. He submitted four letters of support from neighbors who were unable to attend the
meeting.
The public hearing was closed for Board discussion.
Board member Autorino asked the applicant whether he could build the structure to a height of
15 feet, so he could place it wherever he wanted. Mr. Rollins replied that he could, and that he
would have to call it a garagelstorage building rather than a workshop. However, he would not
be able to put the hoist in, but could get the trusses in for the solar panels. He noted that he
needed the hoist to pick materials and projects up because of his disability. He noted that he
wished to screen the solar panels and braces from the neighbors' view. He noted that a power
pole went through the lot, and he had negotiated with his neighbors and AP&T to get it removed.
Vice President Kohlstrand noted that many people used their basements and garages for
woadworking. She was concerned that this activity was being treated as a commercial activity,
which she did not believe was the case for this applicant.
Mr. Thomas noted that the Accessory Structure Ordinance stated that the use should be a U-
flccupancy. He assumed the amendment was made in the past to prevent illegal conversions to
second units. In this case, the Building Code classified it as an F-Occupancy. The second issue
was the height.
Board member Ezzy Ashcraft noted that page 3 of the staff report discussed the definition of an
accessory structure, and inquired whether this could be considered two lots. Mr. Garrison replied
that it was considered part of the next-door neighbor's lot.
In response to an inquiry by Board member Ezzy Ashcraft whether the building could be
considered incidental because it provided solar power for the main building, Mr. Garrison replied
that it would not be a U-Occupancy building in either case.
Mr. Garrison noted that the Building Code was clear in defining this use as a factory occupancy,
and not subject to interpretation because of the proposed use of woodworking.
In response to an inquiry by Board member Ezzy Ashcraft whether this proposed use could be
considered a hobby, Mr, Garrison replied that had been discussed with the Building Official, and
that it was not relevant to the Building Code whether it was commercial or non-commercial;
woodworking was a listed use.
President Cook inquired whether a driveway could reach the garage.
Page 18 of 23
Mr. Garrison Hated that it could be called a storage building,
President Caok noted that she would not be able to make the findings, and was not sure she could
make the finding that it would be detrimental to the neighborhood. She was aware of the noise
made by a planer, and that this property adjoined six different properties.
Board member Cunningham noted that he could not make the findings, either, and suggested that
the applicant resubmit the application under a different use. He would have an issue with design
review, and noted that it was a big box in the backyard. He appreciated the use for the parapet to
hide the mechanicals, but added that it made the structure even higher.
Vice President Kohlstrand moved to extend the meeting to 11;30 p.m.
Board member Ezzy Ashcroft seconded the motion as mended, with the following voice vote - 5.
Noes: 4 Absent: 2 Lynch, McNamara}; Abstain: 0. The motion passed.
Board member Cunningham noted that he was concerned about open space and hardscape, and
would like to see the entire site plan.
Vice President Kohlstrand noted that she would like to approve this project, but could not make
the findings,
Vice President Kohlstrand moved to adopt draft Planning Board Resolution to deny a Variance
and Design Review approval for adjacent properties. A second building to be built 5 feet from
the rear property line, where a 20-foot required rear yard is usually required and 3 feet from the
side property line, where a 5-foot side yard setback is usually required. Encroachment into the
rear and side yard setbacks requires a Variance. The proposed new structure is an 868 sq. ft.
hubby woodworking workshop. The project will also require a lot line adjustment to transfer a
portion of 1609 Pearl Street to 1607 Pearl Street.
Board member Ezzy Ashcroft seconded the motion as amended, with the following voice vote - 5.
Noes: 0 Absent: 2 Lynch, McNamara}; Abstain: 0. The motion passed.
9-F. PLN07-o301-Zoning Text Amendment. Applicant: City of Alameda. The City of
Alameda is considering an amendment to the Alameda Municipal Code to prohibit retail
stores larger than 90,000 square feet in size that include more than ten percent ~ 10°/a}
floor area devoted to the sale ofnon-taxable items. The proposed prohibition would apply
in all zoning districts in the city. ~DG}
Mr. Garrison summarized the staff report.
The public hearing was opened.
Mr. Mike Hennebury, 2811 Otis Drive, noted that he was a union representative for the Union
Food and Commercial Workers Local 5. He noted that Local 5 had been involved with big box
Page 19 of 23
CITY of ALAMEDA
PLANNING AND BUILDING DEPARTMENT
STAFF REPORT
ITEM No.:
APPLICATIGN: Variance, VDl-60o8 and Design Review, DRO7-0~4$ - ~ 60?
Pearl S~reet12622 Edison Court. The applicants are seeking
Variance and Design Review approval for a second main
building, located at 1607 Pearl Street ~ 26Z2 Edison Court, to be
built 5 feet from the rear property line, where a 20-foot setback is
usually required and 3 feet from the side property line, where a 5-
foot setback is usually required. Encroachment into the rear and
side yard setbacks requires variance approval. The proposed
new structure is an 868 sq. ft. hobby woodworking workshop.
The project will also require a lot line adjustment to transfer a
porkion of 1609 Pearl Street to 1607 Pearl Street. The property is
located within the R-1, one family residence, zoning district.
GENERAL PLAN: Low-Density Residential
ENVIRGNMENTAL
DETERMINATIGN: The project is statutorily exempt from environmental review
pursuant to Public Resources Cade, Section 21080 ~b~~5~ --
Projects which a public agency rejects or disapproves and
Guidelines, Section 15270~b} -which allows an initial screening
of projects on the merits prior to the initiation of the CEQA
process where the agency can determine that he project cannot
be approved.
STAFF PLANNER: Laura Ajello, Planner I
510.747.6870
RECOMMENDATION: Recommend that the Planning Board deny the proposed
Variance and Design Review.
ACRONYMS: AMC ~-Alameda Municipal Code
R-1-Single -Family Residential
ATTACHMENTS: 1. Draft Resolution
2. Site Plan, Floor Plans, and Elevations
3, Public Notification Map
4. Applicant's Supplemental Information
Alameda Planning Board
Staff Report 9-E
Meeting of June 23, 2008
City Council
Attachment 3 to
Public Hearing
Agenda Item #5-C
08-19.08
I. EXECUTIVE SUMMARY:
The applicant requests approval ~ ~~ ~' ,~ ~ ~ ~! !~ ~~"'
of a Variance to build a second ~~~ ~ 3 ~ ~~~
. ~ ~ ,~ .,.
main building 3 feet from the rear ~ ~ ~ ~~~~~ ~~~,~,
ro ert line where a 2 -f ~ ~
p p Y 0 oot ~ ~ ~ . ~ ~~
~.
setback is usually required and 3 ~ ~^~~ ' s ~ ~ "~'~~~'~
feet from the side ro ert line, ~ ~ '~` ~~ ~'~ a
where a 5-foot setback is usually ~
required. The proposed hobby ~ ~ - ~ ~ ~.
woodworking workshop would be ~ ~ ~ ~ ,~ ~
locat - ~ a m '~ ~ ~ ~' ~ ~ ~ !!~!~
ed on a parcel #201 See
map.} The applicant's home is M ~ ~ ~~ , ~' ~~~
located at 1601 Pearl Street ~ ~ ~ ~ ~°' ~ ~ ~,
Parcel # 25 . Construction in the ~ ~ ~ ~ ~ ~ ~ ~ ~~~ ~
~ ~ ~
rear and side yard setbacks ~ ~
ti ~
requires a Variance. The new a ~ .
structure i ~ . ` ~' ~ ~0
s a 17 foot hr h 868 ~ 7~
g'
s ware foot hobb w ~ ~ ~ ~ '°°
q y oodworking
workshop. The Cit of Alameda N ~a ~~ ~ ~M~ ~ ~. ~ ~ J4 ~
Buildin Offs i ~e~~s ~°' ~~ ~,~,.
g cal has determined
that the proposed construction ~ ~ ~ ~ ~°'~~
`~
type defines the structure as a a
Group F factory} occupancy.
Therefore, by definition, the
proposed structure must be considered a second Main Building under the Zoning
Ordinance, and cannot be considered an accessory building. Pursuant to the Alameda
Municipal Code RAMC}, an accessory structure must conform to the Utility ~U} occupancy
classification. Consequently, the proposed structure must comply with the development
standards for a main building, which require greater setbacks.
Staff cannot make the findings necessary to approve the variances necessary far a
second main building on the site. Therefore, staff is recommending denial of this Variance
and Design Review application.
II. BACKGROUND:
In 1918, the City approved a Lot Adjustment Map transferring a portion of the lot know
identified as parcel 20-1 }, located at 2620 Edison Court, to the lot located at 1609 Pearl
Street. City and County records fist the property under a separate address, 2622 Edison
Court Assessor's Parcel # 070 015902001}. The small, land locked parcel is
approximately 2,151 square feet, 59.15 feet wide by 36 feet long. The current applicant
resides on an adjacent, approximately 3,800 square foot lot at 1601 Pearl Street
Assessor's Parcel # 070 015902500}. The applicant X1607 Pearl} purchased the subject
property from the owners of 1609 Pearl through a Grant Deed, in 1996,
Alameda Planning Board
Staff Report 9-E
Meeting of June 23, 2008
Page 2 of l
A. Existing Site Conditions
The 59.15 foot by 36 foot area preferred to as 2622 Edison Court} was originally part of the
parcel at 2620 Edison Court. The historic use of this portion of land is unknown, however,
a review of Sanborn maps, dating back to 1891, do not show any structures in this area.
The site is completely landlocked and does not front onto or have direct access to any
public streets. It abuts the rear yards of six other residential properties. The nearest
residential structure, on neighboring properties is approximately 40 feet away.
In order for the current applicant to develop the property, an additional Lot Line Adjustment
will be necessary to merge parcel 20-1 with the applicant's property at1601 Pearl. The
merger is necessary because the zoning ordinance does not allow a residentially zoned
parcel to be developed with anon-residential use, unless that use is accessory to a
residential use. The following analysis is based on the assumption that the subject
property would be merged with the lot located at 1601 Pearl Street through a subsequent
Lot Line Adjustment approval.
III. STAFF ANALYSIS:
A, Develo ment Standards
The Alameda Municipal Code RAMC}
provides the following definition of
Accessory Structure:
Accessory building steal! mean a
defached subordinate building, any
part of which is within a required
minimum yard of the subject Zoning
District, and the use of which is
incidental to that of fhe main building
on fhe same lot, or to the use of the
land. For properties within a
Residential zone, or with a Residential
use, the use of such accessory
buildings is resfricled to garages,
carports, storage sheds, and similar
buildings which are found by fhe
Building official to conform ~o fhe "!.1"
(ulilily~ occupancy classification.
The City Building ~fl'iciaf has determined that the proposed woodworking I hobby shop
cannot be classified has a Utility ~U} occupancy, due to the proposed use. Consequently,
the proposed building is required to meet the development standards for a Main Building,
as defined in the AMC, and Factory ~F} occupancy standards, as required by the Building
Code. The AMC permits accessory buildings, meeting U occupancy requirements, to be
constructed with no minimum side or rear yard setbacks, if located more than seventy-five
Alameda Planning Board
Staff Report 9-E
Meeting of June 23, 2008
Page 3 of l
feet from the front property line. Accessory structures are limited to a maximum height of
fifteen feet.
Given that the proposed workshop cannot be defined as an accessory structure, it must be
defined as a "main building". A second main building is permitted on a residential lot,
provided that it meets the side and rear yard setbacks required fora "main building",
Setback standards for main buildings are larger than the setbacks for an accessory
building.
The proposed building does not meet AMC setback requirements for main buildings. To
approve the proposed second main building in the proposed location would require
variances from both the rear and side yard setback requirements.
Consequently, a variance is required for the side and rear setbacks. Amain building
located in an R-1 Zoning District is required to maintain a 20-foot rear yard set back and a
5-foot side yard set back. The proposed building, although taller than the maximum
allowed height for accessary buildings, does comply with the height standard for main
buildings, thirty feet, and no height variance is required.
B, Variance
In some cases, the City may approve projects that do not meet all development standards
such as setbacks, lot coverage or building height by granting a variance. The City may
only grant a variance when it can be shown that unusual circumstances, beyond the
control of the applicant, such as an unusually small or irregularly shaped lot would make
compliance with these standards infeasible and denying the project, solely for these
reasons, could deprive the owner of the use of the property in a manner commonly
permitted on nearby properties.
In this case, the applicant's property is unusual in that it is unusually large for the
neighborhood and the unusual size is a result of the applicant's decision to acquire the
additional property. The unusual size and configuration of the property and the zoning
regulations that govern that property are in no way depriving the property owner of a
property right that other property owners in the neighborhood are enjoying, The zoning
regulations and setbacks would make it equally difficult for any owner in the neighborhood
to build the type and size of structure that the applicant is proposing. Construction of a
more typical residential accessory building, such as a garage or storage shed of similar
size would clearly be feasible because of the less restrictive setback requirements for
accessory structures. Therefore staff is unable to identify any unusual characteristics
about the lot that are depriving this property owner of a property right enjoyed by other
property owners in the area with the same zoning limitations,
C. Land Use Com atibilit
The site intended for development is surrounded by six single-family homes on adjacent
residential lots. The nearest home is approximately 40 feet away. Although not proposed
as a commercial use, the woodworking shop could generate noise that would potentially
be a detriment to neighboring properties. Potential noise effects would be reduced due to
Alameda Planning Board
Staff Report 9-E
Meeting of June 23, 20oS
Page 4 of l
1
the building design, which does not include windows or other openings on the north, west
and east facades. Additionally, the applicant would be subject to City noise regulations,
which established acceptable noise levels and penalties for violating these standards.
Consequently, it is not anticipated that noise levels would be unacceptable.
D. Design Review
~. ~,~~,~
Design-wise, the proposed building design would be compatible with the residence at 1607
Pearl Street. The stucco building would have a 12-feet ceiling height to accommodate
mechanical equipment and be 1l-feet high at the parapet. The parapet will have a the roof
cap. Large wood doors with a rounded arch design are proposed. The distance between
the existing home and the workshop building would be greater than 34-feet. Due to lot
configuration, the proposed building would be at least forty feet away from the nearest
residential buildings on neighboring properties. Consequently, the scale of the building
would be acceptable.
Findings
A. Variance
In order to approve the Variance application, the Planning Board must make the following
findings:
~. There are excep#ional or extraordinary circumstances applying to the
property involved or to the proposed use of this property.
Staff cannot make this finding. There are no existing exceptional or extraordinary
circumstances that apply to this property, which according to City records is part of
the neighboring lot. The applicant proposes to create an irregularly shaped lot by
merging a portion of the neighboring lot with an existing developed residential lot.
The resulting irregularly shaped lot would not preclude development with a typical
residential accessory building such as a garage or storage building.
2. Because of such exceptional or extraordinary circumstances, the literal
enforcement of specified provisions of this section would result in practical
difficulty or unnecessary hardship such as to deprive the applicant of a
substantial property right possessed by other owners of property in the same
class of district.
Staff cannot make this finding. There are no existing exceptional or extraordinary
circumstances that apply to this property, which according to City records is park of
the neighboring lot. The applicant proposes to create an irregularly shaped lot by
merging a portion of the neighboring lot with an existing developed residential lot.
The resulting irregularly shaped lot would not preclude development with a typical
residential accessory building such as a garage or storage shed.
3. The granting of the variance will not, under the circumstances of the
particular case, be detrimental to the public welfare or injurious to persons or
property in the vicinity.
Alameda Planning Board
Staff Report 9-E
Meeting of June 23, 2448
Page 5 of 7
Staff can make this finding. The level of activity occurring in the woodworking
shop would potentially be more intensive than that found in a typical residential
accessory building. However, the required one-hour f re rating design and
construction, lack of window openings and distance to neighboring residential
buildings would minimize sound transmission. Additionally, the applicant would be
subject to City noise regulations, which establish acceptable noise levels and
penalties for violating these standards. Consequently, it is not anticipated that noise
levels would be unacceptable.
B. Design Review
In order to approve the Design Review application, the Planning Board must make the
following finding;
1. Projects must be compatible with their site, any adjacent or neighboring
buildings or surroundings and promote harmonious transitions in scale and
character in areas between different designated land uses.
Staff can make this finding. All of the surrounding properties are zoned R-1, One
Family Residence. The proposed building will not be visible from the street but will
be visible from the rear yards of six adjacent homes. The design is compatible with
the architectural style of the existing home at 1601 Pearl Street; both buildings
would be stucco with file roof accents. The building would be slightly taller than a
typical accessory building and approximately double the square footage of a typical
two-car garage. However, the scale would not be overwhelming and due to the lot
configuration of this neighborhood, would be generally compatible with the scale of
nearby development,
IV. ENVIRONMENTAL REVIE~IV:
The project is statutorily exempt from environmental review pursuant to Public Resources
Code, Section 21080 ~b}~5} -Projects which a public agency rejects or disapproves and
Guidelines, Section 15210~b} -which allows an initial screening of projects on the merits
prior to the initiation of the CEC~A process where the agency can determine that he project
cannot be approved.
V. PUBLIC NOTICE:
A notice for this hearing was mailed to properties within 300 feet of the site, published in
local newspapers and posted in public areas near the subject property. Staff has [not]
received any public comments on this proposed project.
VI. RECOMMENDATION;
Adopt the attached resolution denying the proposed Variance and Design Review.
Alameda Planning Board
Staff Report 9-E
Meeting of June 23, 2005
Page 6 of 7
G:IPLANNING1Streetnames A-Z1Slreetnames E-K1Edison 2fi221DRD7-005911607 Pearl markup vl.doc
Alameda Planning Board
Staff Report 9~E
Meeting of June 23, 2008
Page 7 of l
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0
CITY OF ALAMEDA RESOLUTION N0.
E
0
0
~~
UPHOLDING THE PLANNING BOARD'S DECISION TO DENY VARIANCE,
VO1-0008 AND DESIGN REVIEW, DROl-0059 AT 1601 PEARL
STREET12622 EDISON COURT TO BUILD A SECOND MAIN BUILDING IN
THE REAR AND SIDE YARDS AT 1601 PEARL STREET
WHEREAS, an application was made on August 28, 2001, by Robert
Rollins, requesting a variance and Major Design Review approval for a second
main building at 1601 Pearl Street12622 Edison to be built 5 feet from the rear
property line, where a 20-foot required rear yard is required, and 3 feet from the
side property line, where a 5-foot side yard setback is required pursuant to
Alameda Municipal Code RAMC} Sections 30-4.1 d and 30-21, encroachment
into the rear and side yard setbacks requires variance approval; and
WHEREAS, the subject property is located in an R-1, One Family
Residence Zoning District; and
WHEREAS, the Planning Board held a public hearing on this application
on June 23, 2008, examined the pertinent maps, drawings, documents and
testimony, and denied the variance and Major Design Review applications; and
WHEREAS, the applicant submitted an application to appeal the
Planning Board's decision on July 3, 2008; and
WHEREAS, the City Council held a public hearing on August 19, 2008
and examined pertinent maps, drawings, documents and testimony; and
WHEREAS, the City Council has made the following findings relevant to
the denial of the variance request:
1. There are no exceptional or extraordinary circumstances applying
to the property.
There are no existing exceptional or extraordinary circumstances that
apply to this property, which according to City records is part of the
neighboring lot. The applicant proposes to create an irregularly shaped !ot
by merging a portion of the neighboring lot with an existing developed
residential lot. The resulting irregularly shaped lot would not preclude
development with a typical residential accessory building such as a garage
or storage building.
Z. The literal enforcement of specified provisions of the Alameda
Municipal Code would not result in practical difficulty or
unnecessary hardship such as to deprive the applicant of a
substantial property right possessed by other owners of property in
Resolution #5-C
08-19-48
the same class of district.
The applicant proposes to create an irregularly shaped lot by merging a
portion of the neighboring lot with an existing developed residential lot.
The resulting irregularly shaped lot would not preclude development with
a typical res'rdentia! accessory structure such as a garage or storage
building.
3. The granting of the variance will not, under the circumstances of
this particular case, be detrimental to the public welfare or injurious
to persons orproperty in thevicinity.
The level of activity occurring in the woodworking shop would potentially
be more intensive than that found in a typical residential accessory
building. However, the required one-hour fire rating design and
construction, lack of window openings and distance to neighboring
residential buildings would minimize sound transmission. Additionally, the
applicant would be subject to City noise regulations, which establish
acceptable noise levels and penalties for violating these standards.
Consequently, it is not anticipated that noise levels would be
unacceptable.
VIIHEREAS, the City Council has made the following findings relevant to
the Major Design Review:
~. The project is compatible with its site, any adjacent and
neighboring buildings and surroundings, and promotes
harmonious transitions in scale and character in areas between
designated land uses.
All of the surrounding properties are zoned R-1, One Family Residence.
The proposed building will not be visible from the street but will be visible
from the rear yards of six adjacent homes. The design is compatible with
the architectural style of the existing home at 1601 Pearl Street; both
buildings would be stucco with the roof accents. The building would be
slightly taller than a typical accessory building and approximately double
the square footage of a typical two-car garage. However, the scale would
not be overwhelming and due to the lot configuration of this neighborhood
would be generally compatible with the scale of nearby development.
NOVIl, THEREFORE, BE IT RESOLVED THAT the City Council hereby
determines that the project does not meet Municipal Code standards far a main
building and the required findings, necessary to grant a Variance, cannot be
made. Consequently, the project is statutorily exempt from environmental
review pursuant to Public Resources Code, Section 21080 ~b}~5} --Projects that
a public agency rejects ordisapproves and California Environmental QuaiityAct
(CEQA) Guidelines, Section 15270(b) -which exempts a project an agency
rejects or disapproves.
BE IT FURTHER RESOLVED THAT the Council of the City of Alameda
hereby denies Variance VO1-4908 and Design Review DR07-0059 because the
City Council is not able to make all of the required findings for approval of the
variance.
NOTICE. No judicial proceedings subject to review pursuant to California
Code of Civil Procedure Section 1094.5 may be prosecuted more than ninety
X90} days following the date of this decision plus extensions authorized by
California Code of Civil Procedure Section 1094.6
NOTICE. The conditions of project approval set forth herein include
certain fees and other exactions. Pursuant to Government Code Section
66020 ~d} ~1 }, these Conditions constitute written notice of a statement of the
amount of such fees, and a description of the dedications, reservations and
exactions. The applicant is hereby further notified that the 90-day appeal
period, in which the applicant may protest these fees and other exactions,
pursuant to Government Code Section 66020 ~a} has begun. if the applicant
fails to file a protest within this 90-day period complying with all requirements of
Section 66420, the applicant will be legally barred from later challenging such
fees or exactions.
***~*
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 ~ 9th day of , 2008, by the
following vote to wit:
AYES
NOES:
ABSENT:
ABSTENTl~NS:
IN vvITNESS, v11HERE0F, I have hereunto set my hand and affixed the
seal of said City this 20th day of August, 2008.
Lara vUeisiger, City Clerk
City of Alameda
CfTY 4F ALAI~EDA
Memorandum
To: Honorable Chair and
Members of the Community Improvement Commission
From: Debra Kurita
Executive Director
Date: August 19, 2008
Re: Approve the Alameda Theatre Community Use Policy and Fee Schedule
BAC KG RG U N D
The Community Improvement Commission of the City of Alameda CIC} approved the
Disposition and Development Agreement for the Alameda Theatre project with Alameda
Entertainment Associates, L.P. AEA} on May 5, 2005, and the Historic Theater Lease
between the CIC and AEA on March 15, 2001. Article 2.4 of the Historic Theater Lease
permits the CIC to use the Alameda Theater free of charge for public events for 12 days
a year Community Use}. According to the Lease, the CIC must provide AEA written
notice 60 days prior to the requested dates of use, and AEA has the right to reasonably
reject the dates provided that they offer the CIC two alternative dates within 15 days of
the requested days. Based on these broad lease provisions, the C1C staff, in
conjunction with Alameda Recreation and Park Department ~ARPD} staff and AEA,
prepared a detailed Community Use Policy and Fee Schedule Attachment 1 }.
DISCUSSION
The Alameda Theatre Community Use Policy includes Guiding Policies and more
specific Use Policies. The Guiding Policies are intended to provide broad direction on
the types of organizations and events that can use the CIO's Community Use days,
limiting the use of the Community Use days to organizations and events that appeal to
the community, educational, and cultural interests of Alameda's general public and that
maximize the public's exposure to this historic community asset. The following
summarizes the proposed Guiding Policies:
1. organization. Community use days must be used for events presented by
existing not-for-profit organizations and local government agencies or school
districts located in Alameda and serving the Alameda community.
2. Purpose. Community use days must be used for events that serve the
community, educational, and cultural interests of the local Alameda population.
City Council
Agenda Item #5-D
08-'19-48
Honorable Chair and August 19, ZOO8
Members of the Community Improvement Commission Page 2 of 4
3. Accessibility. Community use days must be used for events that are free to the
general public or for events that raise funds for causes that serve the communi#y,
educational, and cultural interests of the local Alameda population.
4. Use of Space. Community use days must be used for events that will attract
sufficient interest from the community to maximize use of the auditorium in the
Alameda Theatre.
The Use Policies outline more specific procedures related to the availability of the
Theatre for Community Use, the permit process, fees and deposits, and facility
requirements. The following highlights the most important Use Policies from each
category;
Availabilit
• The Theatre may be reserved Sunday through Saturday, 9:00 a.m. to
Midnight, excluding City holidays, for no longer than six consecutive hours.
• The movie operator reserves the right to reject any given date, provided that
he offers at least two alternative dates, each of which shall be within 15 days
of the originally proposed dates. There is no guarantee that the reservation of
any Friday or Saturday nightwill be granted.
Permit Process
• Reservations will not be accepted less than 50 working days or more than
one year priorto the date requested.
• AI! requests will be considered on a first-come, first-served basis and granted
upon demonstration of their adherence to the Guiding Policies.
• No organization will be allowed to reserve more than one Community Use day in
any given 1~-month period.
Fees & Deposits
~~.
• A cost recovery fee of $40 per hour will be charged to pay for an assigned staff
person that will arrive 15 minutes before the permit time and will be in charge of
the facility during the entire permit time.
• A Security Deposit of $500 is required at the time of booking, which includes a
non-refundable $25 processing fee; and an additional Security Deposit of $1,000
is required three weeks priorto the event date.
Honorable Chair and
Members of the Community Improvement Commission
August ~ 9, 2008
Page3of4
• A cleaning fee will be charged depending on the size of the event and the
inclusion of food and beverages as part of the event. Attachment 2, Fee
Schedule.}
Facilit Requirements
• Community Use events may only use the Theatre's main auditorium and lobby
restrooms and are allowed to use the Theatre's lobby mezzanine and auditorium
balcony areas upon request. The main lobby concession area and the Cineplex
will remain open for business as usual.
• A minimum attendance of 200 people is required for use of the Theatre.
Maximum attendance is 750 people for the combined use of the Theatre's main
auditorium, auditorium balcony, and lobby mezzanine areas.
• Food may be served in the lobby mezzanine area by an insured professional
caterer selected from the approved catering list.
• Alcohol may be served providing certain insurance guidelines are met and proof
of the appropriate liquor license provided. Consumption of alcoholic beverages is
restricted to the lobby mezzanine and auditorium balcony areas, only, and event
personnel are responsible for enforcement of the restriction of alcohol to the
event.
BUDGET CaNSIDERATIGNIFINANCIAL IMPACT
There is no financial impact on the General Fund or CIC budget. A[I City staff time is
paid for through processing fees.
MUNICIPAL CGDEIPGLICY DGCUMENT CRGSS REFERENCE
Article 2.4 of the Historic Theatre Lease by and between the Community Improvement
Commission of the City of Alameda and Alameda Entertainment Associates, L. P.,
executed March ~ 5, 2001.
RECGMMENDATION
Approve the Alameda Theatre Community Use Policy and Fee Schedule.
RespectFyr submitted,
~(~ _...
Leslie A. Little
Development Services Director
Honorable Chair and August 19, 2008
Members of the Community Improvement Commission Page 4 of 4
By: Dorene E. Soto
Ma age ,Business De el pment Division
By: Jen er
Red ve pment Manager
DKILALIDESIJ~:rv
Attachments:
1. Alameda Theatre Community Use Policy
2. Fee Schedule
ALAMEDA RECREATION AND PARK DEPARTMENT
~l 2226 Santa Clara Auenue, Alameda, CA g45o1 • (510) X47-7529
ALAMEDA THEATRE COMMUNITY USE POLICY
Guiding Policies:
All events for the community use days of the historic Theatre shall demonstrate adherence to the following
guiding policies:
i. Organization. Community use days must be used for events presented by existing not-for-profit
organizations and local government agencies or school districts located in the City of Alameda and
serving the Alameda community.
2. Purpose. Community use days must be used for events that serve the community, educational
and cultural interests of the local Alameda population.
3. Accessibility. Community use days must be used for events that are free to the general public or
for events that raise funds for causes that serve the community, educational and cultural interest of
the local Alameda population.
4. Use of Space. Community use days must be used for events that will attract sufficient interest
from the community to maximize use of the auditorium in the Alameda Theatre.
Use Policies:
The privately operated Alameda Theatre located at 231 Central Avenue may be used by the local
community 12 days a year free of rental charge for events that appeal to the community, educational and
cultural interests of Alameda's general public and maximize the community's exposure to this exceptional
restored historical asset.
Availability
_._.. ~.
1. The Theatre maybe reserved Sunday through Saturday, g:oo a.m, to Midnight, excluding City
holidays, for no longer than six ~b~ consecutive hours.
2. The movie operator reserves the right to reject any given date, provided that he offers at least two
alternative dates, each of which shall be within x5 days of the originally proposed dates. There is
no guarantee that the reservation of any Friday or Saturday night will be granted.
3, A two-hour minimum is required. Set-up and clean-up time will be included in the total number of
permitted hours of the event,
Permit Process
4. All requests must be made in person at the Recreation and Park Department, 2~2b Santa Clara
Avenue, Alameda, Monday through Friday from 8:3o a.m. to 5:3o p.m.
5. Reservations will not be accepted less than sixty ~bo~ working days or more than one ~1) year
prior to the date requested.
b. All requests will beconsidered on afirst-come, first-served basis and granted upon demonstration of
their adherence to the above stated guiding policies.
~. No organization will be allowed to reserve more than one community use day in any given 12-
month period. City Council
Attachment ~ $~
Aaenrl~ ~~s.~. ~e ~.
ALAMEDA THEATRE COMMUNITY USE POLICY(CONT.
8. Reservations will only be granted to adults 21 years and over,
Fees and Deposits
g. A cost recovery fee of $4o per hour will be charged to pay for an assigned staff person that will arrive
15 minutes before the permit time and will be in charge of the facility during the entire permit time.
Staff will assist the rental group in set up and cleanup. Groups will not be admitted earlier than the
starting time of the permit.
xo. The cost recovery fees must be paid in full three weeks prior to your event. Cash, personal check
(payable to Alameda Entertainment Associates, VISA ar MasterCard, cashier's check and money
order are acceptable.
ii, A Security Deposit of $50o is required at the time of booking, which includes anon-refundable
$25 processing fee; and an additional Security Deposit of $l,ooo is required three (3}weeks
prior to the event date.
i2, Cancellations must be made three (3) weeks prior to the event date to receive a refund of your
deposit, excluding the processing fee. There are no refunds within three (3~ weeks of the event
date.
z3. A cleaning fee will be charged depending on the size of the event and the inclusion of food and
beverages as part of the event. See attached fee schedule.
14. The event sponsor is expected to return the Theatre to its pre-use condition in order to receive a
refund. The event sponsor must agree to take full responsibility for the behavior exhibited by
his/her guests. If staff deems a situation uncontrollable and must call for police intervention, the
total deposit will be automatically forfeited and the event canceled,
~5. Fees will not be refunded for reserved time not used. Fees are based on an hourly basis; there is no
ration of rates for half hour used.
Facili Re uirements
x6. Community use events must use the Theatre's main auditorium and lobby restrooms and are
allowed to use the Theatre's lobby mezzanine and auditorium balcony areas upon request.
1~. Events are prohibited from actively using the following areas for uses other than circulation:
a. The Theatre's lower lobby and concessions areas with the exception of the restrooms;
b. The Theatre's projection room; and
c. The Cineplex with the exception of the disabled first-floor restroom,second-floor drinking
fountains and the accessible path of travel to the Theatre's mezzanine and balcony levels
via the elevator.
i8. A set up diagram must be submitted seven (~} days prior to the event for approval by ARPD and
the Theatre operator.
Yg. A minimum attendance of Zoo people is required for use of the Theatre. Maximum attendance is
75o people for the combined use of the Theatre's main auditorium, auditorium balcony, and lobby
2
ALAMEDA THEATRE COMMUNITY USE POLICY(CONT. )
mezzanine areas.
20. Decorations, glitter, confetti, smoke or fog machines, candles and other open flames are
prohibited.
2~. Food maybe served in the main auditorium, balcony, and lobby mezzanine area by an insured
professional caterer selected from the approved catering list. Food may not be cooked in the
building, but can beheated/warmed in outside equipment brought on-site by the caterer. This
equipment must be placed in the unfinished room on the east side of the lobby mezzanine. The
contract agreement with the caterer must be signed and returned seven working days before your
event. Proof of insurance naming the Community Improvement Commission of the City of
Alameda and Alameda Entertainment Associates as additional insured must also be provided,
22. Alcohol may be served providing certain insurance guidelines are met and proof of the appropriate
liquor license provided. Check with Department representative for details. Consumption of
alcoholic beverages is restricted to the lobby mezzanine and auditorium balcony areas only.
23. Smoking is not allowed in or within 5o feet of the building.
24. Advertising or selling of any product or service is prohibited.
25. Music is conflined to inside the Theatre auditorium and must not exceed noise levels as specified in
City Ordinance No, 21~~.
2b. Functions involving minors must provide a minimum of one chaperone ~21 years and older) per Io
minors,
2~. Certain events may require that the applicant provide on-site security.
28. The City of Alameda, the Alameda Recreation and Park Department, and Alameda Entertainment
Associates assume no legal responsibility for personal injuries, thefts or losses of private property
while on or using City facilities. Each organization and group should provide their own personal
liability insurance where injuries, thefts or losses might occur.
CLEANING FEE SCHEDULE
TIE CITY DFALA~EDA ~.EQUI~RES ADD~T~DNAL ~NSU~ANCE E.E DETAINED WI~ENALCD~iDL IS
~E~NG SERVED. Alcohol shad not be consumed outside o, f the building, on any pubiic street,
sidewalk, or right of-way, as spec; fled in Alameda IV~unicipar Code 2,~5. if you are selling alcohol at the
event or if the event is for someone under 21 years of age, additional Liquor Liability must be purchased.
City Sponsored
Anv and all City ~avernment sponsored functions andlor activities
Alameda Unified School District
Any and all school and school-related functions and/or activities
Nnn..Prn~if
All public groups Alameda based and/or majority membership .Alameda residents} whose
primary purpose is the promotion of the welfare of Alameda residents. Group must be non-
profit, tax exempt, non-restrictive in membership, meet regularly, and have a definite
organizational structure and by laws.
Are ndable security deposit of roo is required at the time of booking. An addxt~onar security
deposit of ~1, o0o is required three C3) weeks prnr to event
Final remaining balance must.bepaid.in.,,~ull three~~ weeks.~rior_to.your.event.
A cost recovery.c~eaning fee is requred_for all events. See fee structure below.
GROUP GROUP GROUP
ROOM/ A- B- C-
OCCUPANCY 2oa-4oo
4o1-boo people box- 750
people people
Main Auditorium
$75
$150
$200
Main Auditorium,
Lobby Mezzanine, 12
~ 5 200
$ 2 0
$ 5
& Balcon
Y
Main Auditorium
w/ Fvod & Drink $200 $300 $400
Main Auditorium,
Lobby Mezzanine,
& Balconyw/ Food $300 $4oo $500
& Drink
The hourly rate must be a minimum of 2 hours and a maximum of b hours. ~Ity ~®~~~~~
Set-up and clean up time are to be included in rental hours. Att~~hme~t Z ~~
Revised - 07/o8/np
Agenda Item ~5-®
~~-~ ~-oa
CITY OF ALAMEDA
Memorandum
To: Honorable Mayor and
Members of the City Council
From: Debra Kurita
City Manager
Date: August 19, 2008
Re: Adopt a Resolution Amending the Master Fee Resolution No. 12191
Chan ink Various Rates at the Chuck Corica Golf Complex _ ___
BACKGRGUND
In early 2007, the City retained the National Golf Foundation NGF} to conduct a
comprehensive operations review of the Chuck Corica Golf Complex in order to protect,
preserve, and enhance this community asset and ensure its economic viability. The
results of NGF's operational review were presented in January 2008, and the City
Council adopted motions to:
1. Allocate funding to complete a master planning process for the facility with the
assistance of NGF.
2. Direct staff to work with NGF to investigate the cost-saving and revenue-raising
options recommended by the Golf Commission.
3. Request that staff explore options for identifying cost savings for Fiscal Year
2007-08.
4. Direct staff to work with NGF to develop a Request for Proposals to explore ali
options for future operation of the Golf Complex.
At its meeting on Juiy 1, 2008, the City Council approved the issuance of a Request for
Proposals for an interim Golf Complex operator. In addition, the City Council asked the
Golf. Commission to review potential fee changes for the Golf Complex in order to
improve its economic viability. The Golf Commission discussed rate increases during
its regularly scheduled meeting of July 16, 2008, and adopted a motion recommending
a number of increases and changes to the current fee structure.
DISCUSSION
In establishing the new proposed rates, which are attached, the Golf Commission raised
the rates for both the Jack Clark and Earl Fry courses to the level non-residents
currently pay to play the Earl Fry Course and then discounted those rates for residents
by $1 to $2 depending on the number of holes, time of day, and whether the play occurs
on a weekday or weekend. In one case, the discount provided for residents was raised
to $5 in order to keep the increase in the rate below $1 D. As a result, the increase in
City Counci!
Report Re:
Agenda Item #5-E
~8-'19-08
Honorable Mayor and August 19, 2008
Members of the City Council Page 2 of 2
some resident rates is greater than the increase in non-resident rates, but non-residents
will continue to pay more than residents to play at the Galf Complex. For example
under the new proposal a resident playing on the Earl Fry Course on a weekday will pay
an additional $3, while a non resident will experience no increase. The Golf
Commissioners approved this rate structure under the theory that in the current
economic climate, resident play would be less likely to decline than non-resident play
because the cost of transportation to reach other courses would be greater than the fee
increases. Non-resident patrons, in contrast, are more likely to play at other courses
should the fees be raised.
BUDGET CGNSIDERATlGNIFINANClAL IMPACT
The Golf Complex has an estimated sho~fall for FY 2008-2009 of $700,000. The
proposed increases are projected to generate approximately $350,000 in additional
revenues assuming no reduction in play resulting from the increased fees. This would
reduce the current-year shorkfall to approximately $350,000. With a 10°/~ reduction in
play, the total raised by the proposed increases would be approximately $200,000,
thereby leaving acurrent-year estimated sho~fall of $500,000.
RECGMMENDATIGN
Adopt a resolution amending Master Fee Resolution No. 12191 by changing various
rates for the Chuck Corica Golf Complex.
Respectfully s fitted,
Dale Lillard, Director
Alameda Recreation, Parks & Goif Gperations
DL:bf
Attachment:
1. Proposed Rates for Chuck Corica Golf Complex
Proposed Rates for
Corica Golf Complex
Individual Rates
18-Hole Rates Current Clark Current F New Rate
Resident WD $23 $25 $28
Resident SSH $28 $32 $35
Non-Resident WD $28 $30 $30
Non-Resident SSH $36 $40 $40
Resident Senior WD $18 $20 $23
Non-Resident Senior WD $23 $25 $25
Resident Junior WD $1 $1 $1
Resident Junior SSH $1 $1 $1
Non-Resident Junior WD $8 $10 $10
Non-Resident Junior SSH $8 $10 $10
Tournament WD $28 $30 $30
Tournament SSH $36 $40 $40
Tournament Senior WD N/A $25 $25
Twili ht Resident WD $18 $21 $23
Twili ht Resident SSH $21 $25 $25
Twili ht Non-Resident WD $23 $25 $25
Twili ht Non-Resident SSH $25 $27 $27
Late Twili ht Resident WD $13 $15 $17
Late Twili ht Resident SSH $14 $16 $17
Late Twili ht Non-Resident WD $16 $18 $18
Late Twili ht Non-Resident SSH $16 $18 $18
9-Hole Rates Current Clark Current F New Rate
Resident WD $16 $16 $19
Resident SSH $16 $18 $22
Non-Resident WD $20 $20 $20
Non-Resident SSH $21 $23 $23
Monthl Passes Current Rate New Rate
Resident $115 $160
Resident Senior $100 $140
Non-Resident $195 $200
Non-Resident Senior $160 $175
Annual Passes Current Rate New Rate
Resident $1,150 $1,600
Resident Senior $1,000 $1,400
Non-Resident $1, 950 $2,000
Non-Resident Senior $1,600 $1,750
CH
Y Councal
Attachment tv
81 t 9108 Re~crt ~e°
Agende Item #5~E
0~~~ ~'®~
CITY 4F ALAMEDA RESGLUTICN N4.
AMENDING MASTER FEE RESGLUTICN NC. 12191
BY CHANGING VARIOUS
CHUCK CORICA GOLF COMPLEX RATES
~~
0
0
Q
WHEREAS, the Alameda Municipal Code and the California Government
code provide that the Gity Council shall set fees reasonable to recover the cost
of providing various services by resolution; and
WHEREAS, the City Council, at the August 2l, 1991, Special City
Council meeting directed staff to amend the Alameda Municipal code to reflect
that city fees shall be set by City Council resolutions; and
WHEREAS, Resolution No. 12191 Master Fee Resolution, as
amended, codifies existing fees for various City Services and permits; and
WHEREAS, at the July 10, 2008, meeting of the Golf Commission, fee
increases were reviewed and recommended for approval by the City Council.
NOW, THEREFGRE, BE IT RESOLVED by the Council of the City of
Alameda that Master Fee Resolution No. 12191 be amended by increasing
various Chuck Corica Golf complex Rates, attached hereto as AttachmentA.
BE IT FURTHER RESOLVED that the increases shall become effective
September 1, 2008.
BE IT FURTHER RESOLVED that all fees established by Master Fee
Resolution No. 12191 which are inconsistent with fees established by this
Resolution are hereby repealed.
*~~*
Resolution #5-E
08-~ 9-08
Proposed Rates for
Corica Golf Complex
Individual Rates
18-Hole Rates Current Clark Current Fr New Rate
Resident UVD $23 $25 $28
Resident SSH $28 $32 $35
Non-Resident VUD $28 $30 $30
Non-Resident SSH $36 $40 $4D
Resident Senior 1111D $18 $20 $23
Non-Resident Senior VIJD $23 $25 $25
Resident Junior WD $1 $1 $1
Resident Junior SSH $1 $1 $1
Non-Resident Junior 1ND $8 $10 $10
Non-Resident Junior SSH $8 $10 $10
Tournament 1ND $28 $30 $30
Tournament SSH $36 $40 $40
Tournament Senior UUD NIA $25 $25
Twili ht Resident UUD $18 $21 $23
Twili ht Resident SSH $21 $25 $25
Twiii htNon-Resident 1ND $23 $25 $25
Twiii htNon-Resident SSH $25 $27 $27
Late Twiii ht Resident WD $13 $15 $17
Late Twili ht Resident SSH $14 $16 $17
Late Twiii h# Non-Resident WD $16 $18 $18
Late Twiii ht Non-Resident SSH $16 $18 $18
9-Hole Rates Current Clark Current F New Rate
Resident VIID $16 $16 $19
Resident SSH $16 $18 $22
Non-Resident V1lD $20 $2D $20
Nan-Resident SSH $21 $23 $23
Monthl Passes Current Rate New Rate
Resident $115 $1 p0
Resident Senior $100 $140
Non-Resident $195 $200
Non-Resident Senior $160 $175
Annual Passes Current Rate New Rate
Resident $1,15D $1,600
Resident Senior $1,000 $1,400
Non-Resident $1,950 $2,000
Non-Resident Senior $1,600 $1,750
8119108
1, the undersigned, hereby certify that the foregoing Resolution was duly
and regularly adopted and passed by the Council of the City of Alameda during
the Regular Meeting of the City Council on the 19t" day of August 2008, by the
following vote to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
IN UvITNESS, vvHEREOF, l have hereunto set my hand and affixed the official
seal of said City this 20th day of August 2008.
LaraUVeisiger, City Clerk
City of Alameda
COUNCIL REFERRAL FORM
(To be submitted to the City Clerk)
Name of Council member requesting Referral: Frank Matarrese
Date of submission to City Clerk (must be submitted before 5:00 p.m. on the Monday before the
week of the Council meeting requested): August 11, 2008
Requested Council Meeting date to consider Council Referral: August 19, 2008
Brief description of the subject to be printed on the agenda, sufficient to inform the City Council
and public of the nature of the Council Referral:
Ordinance Establishing an Irrevocable Trust Fund for Other Post Employment Benefits
(OPEB)
This.referral requests Council consideration of a Cit~nrd,inance establishing an Irrevocable Trust
Fund in order to meet obligations to provide,other post employment benefits to which the City has
committed. The goal would be to_make the,first fund contribution to the Trust in 2008.
On January 15, 2008, the Council was provided a report on the Actuarial Accrued Liability ~AAL~
of $75.4 million of under the current "pay as.you qo"approach versus~substantial reduction of the
AAL which could be achieved under a Trust Investment approa_c_h, which could be as much as
28.1 million accordin to the re ort. ~ ~~~~
Whe#her the City_continues with "pay as you qo"_or adopts a Trust approach,, this liability exists,
with growth_as time goes bv. As this an accruin,q liability, it is critical that the Council address this
issue now. in order to reduce this ,risk to the City's economic sustainability.
It is regues#ed that the Council, consider the,,,followinq directions, with target due dates:
• Re uest that the Cit Fiscal Sustainabilit Committee recommend a minimum fund
contribu#ion level for inclusion into the ordinance
Proposed target due date: Recommendation due to Council in time for its meeting on
16 Sept 2008
• Direct the_Ci#y Attorney to work with City Management to draft an ordinance
establishing the Trust Fund, including minimum annual contribu#ions as a percentage
of the General Fund budget. ~~- ~~ ~~ ~~~~
Proposed target due date: Adoption in October
• Direct the City Manager to setup the fund~,,,,and allocate funds to the level prescribed
in the Ordinance
Proposed target due date: December 2008
Attachment:
Report on Government Accounting S#andards Board Statement No. 45 on Accounting for other
Post Employment Benefits -January 15, 2008
Council Referral #7-B
08-19-08
CURRENT APPLICATIONS
YOUTH COMMISSION
FIVE VACANCIES
(FULL TERMS EXPIRING AUGUST 31, 2010)
Lamant Carter, Incumbent
Claire E. Forbes
Kiara N. Heath
Bridget C. Kanady
Naoise Lane
Maggie Mei
MalXory A. Penney
Kaeleigh A. Thorp
Re: Agenda Item #8•A
08-~ 9.48