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2008-09-02 Packetc r~ ~ or ~` i 7~ r ' ~~ tir. ~~ .~, ~~., \~ __ CITY ~F ALAMEDA • r~~~}~~~~~~ _~ CALIFORNIA " '~ rn pti ~~ ~' r ~~ /t + y~N e SPECIAL JOINT MEETING OF THE CITY COUNCIL AND PUBLIC UTILITIES BOARD PUB} TUESDAY - - - SEPTEMBER 2, 2008 - -- - 6:30 p.m. Time; Tuesday, September 2, 2008, 6;3D p.m. Place; Cit Council Chambers Conference Room, City Ha11, comer of Santa Clara Avenue and Oak Street. Arrr~nrla • I. Rall Call - City Council, PUB 2. Public Comment on Agenda Items Only Anyone wishing to address the Council/Board on agenda items only, may speak for a maximum of 3 minutes per item 3. Adjournment to Closed Session to consider; 3-A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Subdivision fib} of Section 5495.9 Number of cases: One 4. Announcement of Action Taken in Closed Session, if any 5. Adjournment - City Council, PUB +r"r everly o n, Mayor --~. .~~ ~. , ~~~ 7, ~'S7 a u 8i ~ Yd. • '~ 1 ~7, ~~,~~~~~-.~~~,~,,.~~{, CITY~FALAMEDA•CALIF~RNIA ~ . ~, ~ 0 a ° ,. ~ ~~ _..~ ~~~~~~'¢~°' SPECIAL JOINT MEETING OF THE CITY COUNCIL, COMMUNITY IMPROVEMENT COMMISSION CIC}, AND HOUSING AUTHORITY BOARD OF COMMISSIONERS HABOC} TUESDAY - - - SEPTEMBER 2, 2008 -- - - 7;25 P.M. Location: Cit Council Chambers, City Hall, corner of Santa Clara Avenue and Oak Street Public Participation Anyone wishing to address the Council/Commission/Board on agenda items ar business introduced by the Council/Cammission/Board may speak far a maximum of 3 minutes per agenda item when the subject is before the Council/Commission/Board. Please file a speaker4s slip with the Deputy City Clerk if you wish to speak PLEDGE OF ALLEGIANCE 1. ROLL CALL - City Council, CIC, HABOC 2. AGENDA ITEM 2-A. Recommendation to approve a long-term Lease of the Esperanza public housing complex from the Housing Authority of the City of Alameda to the Community Improvement Commission. [CIC, HABOC ] ; • Recommendation to approve the Housing Authority to enter into a Management Agreement with the CIC to manage Esperanza. [CIC, HABOC]; • Adoption of Resolution regarding Disposition of Public Housing. [HABOC]; and • Recommendation to authorize the Mayor to Sign a Letter in support of the disposition of the Esperanza public housing complex to the CIC through a long-term lease arrangement. [City Council ] Housing Authority} 3. ADJOURNMENT - City Council, CIC, HABOC +r~ Be erly Jo s M or Chair, CIC ~~ . ~ e o, -~ ~ o k my rknur•"' ~j0 a CITY OF ALAMEDA • CALIFORNIA IF YOU WISH TO ADDRESS THE COUNCIL: 1. Please file a speaker's slip with the Deputy City Clerk and upon recognition by the Mayor, approach the podium and state your name; speakers are limited to three ~3} minutes per item. 2. Lengthy testimony should be submitted in writing and only a summary of pertinent points presented verbally. 3. Applause and demonstration are prohibited during Council meetings. AGENDA - - - - - -- - - REGULAR MEETING OF THE CITY COUNCIL TUESDAY - - - - SEPTEMBER 2, 2008 - - - - 7:30 P.M. [Note: Regular Council Meeting convenes at 7:30 pm, City Hall. Council Chambers, corner of Santa Clara Ave and Dak 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 AND 6:30 P.M. PUBLIC UTILITIES BOARD, CITY COUNCIL CHAMBERS CONFERENCE ROOM Separate Agenda Closed Session SPECIAL JOINT MEETING OF THE CITY COUNCIL AND 7:25 P.M. HOUSING AUTHORITY BOARD OF COMMISSIONERS 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 by East Bay Regional Park District regarding Measure Ww on the November 4, 2008 ballot. 3~-B. Proclamation declaring the week of September 15 through 21, 2008 as National Pollution Prevention Week 2008 and September 20, 2008 as Coastal Cleanup Day 2008. Public Works? 3~-C. Presentation of the official poem commemorating the reopening of the Historic Alameda Theater, written by Alameda Poet Laureate Mary Rudge. Development Services} 3-D. Presentation by the West Alameda Business Association on the Webster Street Jam. 3-E. Presentation regarding the Community Health Action Team and code compliance activities. Planning and Building? 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 19, 2008. City Clerk} 4-B. Bills for ratification. ~Finance7 4-C. Recommendation to accept the quarterly progress report on implementing the local Action Plan for climate protection. Public Warks} 4-D. Adoption of Resolution Approving an Amendment of the Joint Exercise of Powers Agreement for the Alameda County Waste Management Authority. Public Works 5. REGULAR AGENDA ITEMS 5-A. Adoption of Resolution Commending Audrey LordwHausman for Her Contributions to the Alameda Community. Development Services} 5-B. Recommendation to accept the Quarterly Sales Tax Report for the Period Ending March 31, 2008. Finance} 5-C. Discuss and take a position on Proposition 11, the California Voters FIRST Act. City Manager} 6. ORAL COMMUNICATIONS, NON-AGENDA Public Comment} Any person may address the Council in regard to any matter over which the Council has jurisdiction or of which it may take cognizance, that is not on the agenda 7, COUNCIL REFERRALS Matters placed on the agenda by a Councilmember may be acted upon or scheduled as a future agenda item 8. COUNCIL COMMUNICATIONS Communications from Council} Councilmembers can address any matter, including reporting on any Conferences or meetings attended 8-A. Consideration of Mayor's nominations for 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 ` _y E + ,.~ -- c ~ou~~ ~~ ~ut~ori the ~ ~1t o .~ am~~~ 701 Atlar~ti~Aver-ue-Alameda, California X4501-21fi1-Tel: ~5~0~ 747.4300- Fax: ~510~522-7~4$-TDb: X510} 522-846' To: Honorable Mayor and Members of the City Council Honorable Chairand Members of the Board of Commissioners Honorable Chair and Members of the Community Improvement Commission From: Debra Kurita City ManagerlChief Executive ~fficerlExeutive Director Date: September 2, 2005 Re: Adopt a Resolution in Support of an Application to the U.S. Department of Housing and Urban Development for the Disposition of Esperanza Public Housing; Approve a Lease and Management Agreement between the Housing Authority and the Community Improvement Commission; and Authorize the Mayor to Sign a Letter of Support for the Disposition of Esperanza through the Lease Arrangement BACKGRGUND The Housing Commission has approved the Housing Authority's Annual Plans for FY 2001-2005 and FY 2008-2009 in which the Housing Authority specified that it planned to submit a Housing opportunities for People Everywhere ~H~PE} VI Revitalization grant application. This application requests authorization from the U.S. Department of Housing and Urban Development THUD} to demolish or dispose of public housing units, often with the idea of rebuilding or using the proceeds to renovate other units. HUD also considers along-term lease a "disposition." At that time, the Housing Authority wanted to retain this option as a way of ensuring the long-term sustainability of Esperanza. Now, the Housing Authority is moving forward with a plan to replace the underfunded public housing program with the Section 8 Program. DISCUSSION Replacing the public housing program with the Section S program at Esperanza would provide the Housing Authority with a consistent, reliable income stream, allowing it to make needed repairs and capital improvements long deferred because of a lack of funding. To accomplish this goal, the Housing Authority plans to enter into along-term lease with the Community Improvement Commission ~CIC} for Esperanza. The Housing Authority considered approaching non-profit housing organizations within cciclciHASOc Agenda Item #Z-A o~-oz-os Honorable Mayor and Chair and September 2, 2008 Members of the City Council, Board of Commissioners Page 2 of 5 and Community Improvement Commission Alameda, but an arrangement with the CIC would keep Esperanza within the full control of the City of Alameda. HUD defines along-term lease as one with a term longer than one year and considers this to be a "disposition." A copy of the proposed lease agreement is attached Exhibit 1 }. An application would be submitted to HUD to approve this disposition, which would terminate public housing at Esperanza. The CIC also would enter into an agreement with the Housing Authority to manage Esperanza. A copy of the proposed management agreement is attached Exhibit 2}. As owner and manager of Esperanza, the Housing Authority would retain the appropriate insurance coverage and would name the CIC as additional named insured. Formal approval is required by both the CIC and the Housing Authority. The Housing Authority will apply for replacement vouchers for the Esperanza tenants. In addition, the Authority will apply to attach project-based vouchers to as many units as feasible within the parameters of that program. The Housing Authority will ensure that all units remain affordable housing units for families under 80 percent of median income for a minimum of 20 years. The Resident Advisory Committee WRAC} reviewed the Annual Plan for last fiscal year and the current fiscal year where the Housing Authority indicated that it may submit for a HOPE VI application in the coming fiscal year. Indicating that that Authority may submit an application in the Annual Plan is one of the requirements for submitting a disposition application to HUD. At both meetings, staff described the options for Esperanza and why these options were necessary for the long-term sustainability of Esperanza. To ensure that the RAC is kept fully informed of all disposition discussions, progress reports will be sent to RAC members at each critical step of this process. A copy of the last report is attached Exhibit 3}, The Housing Authority also has involved tenants in developing the disposition plan for Esperanza. This topic was discussed at the January 2007 and 2008 Town Hall meetings. Additional resident meetings were held on August 13 and 27, 2008. A copy of the notice is attached Exhibit 4}. Tenants have been advised that they will not have to move. All but two tenant families are eligible to receive Section S Housing Choice Vouchers. This housing assistance will allow families the option of either staying at Esperanza or moving to another location. If tenants wish to move, they will be eligible to receive actual and reasonable moving assistance. The tenant families who are over-income for the Section 8 program will be allowed to remain in place with the Housing Authority~and pay an affordable rent. Tenants who are issued a voucher would continue to pay 30 percent of their incomes for rent, which is the same amount they currently pay under the public housing program. The Section 8 program has slightly higher utility allowances; therefore, the total amount residents will pay in rent is likely to be slightly less under the Section 8 program. The difference between the contract rent amount and the amount the tenant pays in rent will Honorable Mayor and Chair and Sep#ember 2, 2008 Members of the City Council, Board of Commissioners Page 3 of 5 and Community Improvement Commission be paid by the Housing Authority to the owner (the Housing Authority) in Housing Assistance Payments (HAP). HAP will produce an income stream that the Housing Authority will be able to leverage far new funding to make necessary capital improvements at Esperanza. The Housing Authority explored the possibility of leveraging capital funds under the public housing program but found that there was not enough income to bring in enough money for even basic improvements, such as new roofs. New roofs on all buildings will be needed in the next few years, while many other improvements also are necessary. The Housing Commission reviewed this proposal and recommended that the appropriate entities approve this plan. The Board of Commissioners has retained authority over decisions that involve real estate transactions. The CIC needs to approve the lease and management agreements, while the City Council needs to authorize the Mayor to sign a letter of support. BUDGET CGNSIDERATIGNIFINANCIALlMPACT The Housing Authority plans to lease Esperanza to the CIC. Under this lease arrangement, Esperanza would no longer be in the public housing program, resulting in phasing aut the operating subsidy and eliminating the capital fund grant. The CIC would enter into an agreement with the Housing Authority to manage Esperanza. The operating subsidy received to operate Esperanza has been insufficient. Over many years, maintenance has been deferred to balance the budget. In the last two years, however, Esperanza has run a deficit hover $100,000 in FY 2006-2007 and more than $89,000 in FY 2007-2008}. For FY 2408-2009, the projected deficit is $201,749. For many years, the Housing Authority has used its capital fund grants to subsidize insufficient operating subsidies. As such, it has not been able to make needed capital improvements at Esperanza. This housing complex is projected to need $5.1 million in capital improvements over the next 10 years, and HUD subsidies are insufficient to cover these costs. Under the proposed leaselmanagement arrangement, the Housing Authority will continue to .own Esperanza. As such, the Housing Authority will receive the Housing Assistance Payments. The income stream from HAP will allow the Housing Authority to balance this budget fund and to make much-needed capital improvements. The overall financial autiook for Esperanza should improve substantially over time. The following compares income and expenses under the current public housing program with a conservative projection of income under the proposed plan: Honorable Mayor and Chair and Members of the City Council, Board of Commissioners and Community improvement Commission Public Housing ^~ Income Rents $595,200 SubsidieslHAP 517,796 Interestl~ther 38145 TOTAL $1,151,141 Ex eases $1,359,490 Income less Expenses ($207,749) September 2, 2008 Page 4 of 5 Pro osed Plan $590, 000 1,190, 000 38, l45 $1,818,745 $ ~ , 359,490 $459,255 Initially, there may be some disruption similar to that experienced at Parrot Village when it transitioned from the old project-based program to the Housing Choice Voucher Program. Residents were able to move, and many chose to do so, resulting in a large number of vacant units at one time. Eventually, all units were filled, and the income stream stabilized. It is likely that the experience at Esperanza will be similar. The Housing Authority's projections indicate sufficient income to cover expenses. This transition is expected to be positive, just as it was for Parrot Village. REC~MMENDATI~N Housin Authorit Board of Commissioners: 1 Approve a long-term lease of the Esperanza public housing complex to the Community Improvement Commission (CIC); 2. Approve entering into a management agreement with the CIC to manage Esperanza; and 3. Authorize the Executive Director, by resolution, to execute documents, provide certifications, and submit to HUD for approval a request to dispose of Esperanza through along-term lease #o the CIC. Communit Im rovement Commission: 1 Approve along-term lease of the Esperanza public housing complex from the Housing Authority of the City of Alameda Housing Authority; and 2. Approve entering into a management agreement with the Housing Authority to manage Esperanza. City Council: Authorize the Mayor to sign a fetter in support of the disposition of the Esperanza public housing complex to the CIC through along-term lease arrangement. Honorable Mayor and Chair and Members of the City Council, Board of Commissioners and Community Improvement Commission Respectfully submi e , Michael T. Pucci Execu ' Director Leslie A. Little Development Services Director MTP:ED September 2, 2008 Page 5 of 5 Attachment(s): 1. Proposed Lease Agreement befinreen CIC and Housing Authority 2. Proposed Management Agreement befinreen CIC and Housing Authority 3. Progress Report to Resident Advisory Committee 4. Resident Notice (English version) LEASE AGREEMENT BETWEEN THE ALAMEDA HOUSING AUTHORITY AND THE CGMMUNITY IMPROVEMENT C~MMISSI~N DATE: , 2009 BETWEEN: HOUSING AUTHORITY ~F THE CITY ~F ALAMEDA 701 Atlantic Avenue Alameda, CA 94501-2161 ~"Landlord"} Hereinafter referred to as AHA AND: COMMUNITY IMPROVEMENT C~MMISSI~N 950 W, Mall Square, 2nd Floor ~"Tenant"} Alameda, CA 94501 Hereinafter referred to as CIC. Landlord leases to Tenant and Tenant leases from Landlord the following described property the "Premises"} on the terms and conditions below: 120 units of affordable apartments and certain common areas located at 3rd and Brush Streets, commonly referred to as the Esperanza Complex. SECTION 1. DURATION 4F LEASE 1.1 original Term. The term of this Lease shall commence , 2009 and continue for one year and one day, through ,unless sooner terminated as hereinafter provided. 1.Z Renewal option. It is not anticipated that this lease will be extended beyond the original term. Renewal would require voluntary agreement by both parties. SECTIGN 2. RENT During the original term, CIC shall pay to AHA as base rent the sum of 1.00. SECTION 3. USE ~F THE PREMISES 3.1 Permitted Use. The Premises shall be used to provide housing for families of lower income. 3.2 Restrictions on Use. In connection with the use of the Premises, Tenant shall rent the units to families of lower income as required by law. The tenant shall also be in compliance with all state and federal laws pertaining to the occupancy of the Premises as a residence for low-income individuals. cciclciHABoc Attachment 'I to Agenda Item #2-A 09-42-D8 SECTION 4. REPAIRS AND MAINTENANCE Landlord shall make or perform any repairs, maintenance, replacements, alterations, or improvements on the Premises according to its policies and procedures. SECTION 5. ALTERATIONS 5. ~ Alterations Prohibited. Tenant shall make no improvements or alterations on the Premises of any kind without first obtaining Landlord's written consent. All alterations shall be made in a good and workmanlike manner, and in compliance with applicable laws and building codes. 5.2 ownership and Removal of Alterations. All improvements and alterations performed on the Premises by either Landlord or Tenant shall be the property of Landlord when installed. SECTION fi. LIABILITY AND INSURANCE fi.~ Indemnification. AHA shall indemnify and defend CIC from any claim, loss or liabilityarising out of or in connection with this agreement. 6.2 Insurance. AHA shall keep liability and property caverage at AHA's expense, naming Tenant as an additional insured. Insurance Requirements: Coverage shall be at least as broad as: a. Commercial General Liability coverage b. Vvorkers' Compensation insurance as required by State law and Employer's Liability insurance. c. Property insurance. Minimum Limits of Insurance AHA shall maintain limits no less than: a. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projectllocation or the general aggregate limit shall be twice the required occurrence limit. b. 1Norker's Compensation with Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Property Insurance: Full replacement cost with no coinsurance penalty provision. ether Insurance Provisions The general liability policy is to contain, or be endorsed to contain, the following provisions: a. The City of Alameda, Community Improvements Commission ~CIC}, its officers, officials, employees and volunteers are to be covered as additional insured or additional covered parties with respect to liability arising out of ownership, lease and management of that part of the premises leased to the tenant. b. AHA's insurance coverage shall be primary insurance with respect to CIC, its officers, officials, employees and volunteers. Any insurance or self insurance maintained by the CIC, its officers, officials, employees or volunteers shall be excess of AHA's insurance and shall not contribu#e with it. c. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or materially changed, except after thirty ~3g~ days' prior written notice by certified mail, return receipt requested, has been given to the CIC. d. Maintenance of the proper insurance for the duration of the contract is a material element ofthe contract. Material changes in the required coverage or cancellation of the coverage shall constitute a material breach of the contract. Acceptability of Pooled Insurers Insurance provided by AHA shall be with Housing Authorities Risk Retention Pool, a U.S Department of Housing And Urban Development Approved, and California Joint Powers Authority. Verification of Coverage AHA shall furnish CIC with original certificates and amendatory endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by CIC before lease commences in sufficient time to permit AHA to remedy any deficiencies before the lease commences. SECTION 7. TAXES, UTILITIES l.1 Properly Taxes. Currently the property is exempt from paying taxes; however, if taxes become due on the property, AHA shall be responsible for payment of such taxes. l.2 Utilifiies. AHA shall pay, as budgeted expense, all charges for common area utilities. SECTION 8. QUIET ENJOYMENT Landlord warrants that it is the owner of the Premises and has the right to lease them. Landlord will defend Tenant's rightto quietenjoyment of the Premises from the lawful claims of all persons during the Lease term. SECTION 9. ASSIGNMENT AND SUBLETTING No part of the Premises maybe assigned, mortgaged, or subleased, nor may a right of use of any portion of the property be conferred on any third person by any other means, without the prior written consent of Landlord. This provision shall apply to all transfers by operation of law. Landlord may withhold or condition such consent in its sole discretion. SECTION 14. DEFAULT Tenant will be in default in the event Tenant fails to comply with any term or condition or fulfill any obligation of the Lease within 2g days after written notice by Landlord specifying the nature of the default with reasonable particularly. If the default is of such a nature that it cannot be completely remedied within the 20~day period, this provision shall be complied with if Tenant begins correction of the default within the 30-day period and thereafter proceeds with reasonable diligence and in good faith to affect the remedy as soon as practicable. SECTION 11. REMEDIES ON DEFAULT In the event of a default the Lease maybe terminated at the option of Landlord by written notice to Tenant. SECTION 12. SURRENDER AT EXPIRATION Upon expiration of the Lease term or earlier termination on account of default, Tenant shall deliver all keys to Landlord and surrender the Premises. SECTION 13. MISCELLANEOUS 13.1 Nonwaiver. Vvaiver by either party of strict performance of any provision of this Lease shall not be a waiver of or prejudice the party's right to require strict performance of the same provision in the future or of any other provision. 13.2 Attorney Fees. If suit or action is instituted in connection with any controversy arising out of this Lease, the prevailing party shall be entitled to recover in addition to costs such sum as the court may adjudge reasonable as attorney fees at trial, on petition for review and on appeal. 13,3 Notices. Any notice required or permitted under this Lease shall be given when actually delivered or 72 hours after deposited in United States mail as certified mail addressed to the address first given in this Lease or to such other address as may be specified from time to time by either of the parties in writing. 13.4 Succession. Subject to the above-stated limitations on transfer of Tenant's interest, this Lease shall be binding on and inure to the benefit of the parties and their respective successors and assigns. 13.5 Recordation. This Lease shall not be recorded without the written consent of Landlord. 13.6 Time of Essence. Time is of the essence of the performance of each of Tenant's obligations under this Lease. IN WITNESS WHEREOF the parties hereto have hereunto set their hands all as of the day and year first hereinabove written. "LANDLORD" ALAMEDA HGUSING AUTHGRITY BY: "TENANT" CGMMUNITY IMPRGVEMENT CGMMISSI~N BY: MANAGEMENT AGREEMENT For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, AHA and CIC agree as follows: The Alameda Housing Authority (AHA) is assuming the day-to-day management responsibilities for the Esperanza Housing Complex consisting of 120 units of low-income housing and certain common areas, leased to the Alameda Community Improvement Commission (CIC). The duties of AHA and its obligations to CIC as manager are delineated below. C~FNFRAf A. A ointment and Acce tance. The AHA assumes management of the property described in the attached Commercial Lease subjectto the terms and conditions setforth in this document. B. P roject Description: The property to be managed by the AHA under this agreement the "Project"} is described in the attached Commercial Lease. C. Definition. As used in this agreement: 1. AHA means the person or business entity, including employees at the AHA office and project site engaged in the task of providing management in contractual arrangement with CIC. D. Com liance with overnmental orders. AHA will take such action as it may deem necessary to comply promptly with any and all governmental orders or other requirements affecting the lease up and rental of the project, whether imposed by Federal, State, county or municipal authority. E. Nondiscrimination. In the performance of its obligations as manager, the AHA will comply with the provisions of any Federal, State or local Fair Housing law prohibiting discrimination in housing on the grounds of race, color, religion, sex, familial status, national origin, or handicap. Other nondiscrimination provisions include Title VI of the Civil Rights Act of 1964 Public Law 88-352, l8 Stat. 241}, Section 504 of the Rehabilitation Act of 1913, and the Age Discrimination Act of 1975. F. Bids discounts rebates etc. AHA will obtain contracts, materials, supplies, utilities, and services on the most advantageous terms to the project, and will solicit bids, either formal or informal, for those items, which can be obtained from more than one source. AHA will secure and credit to CIC alf discounts, rebates, or commissions obtainable with respect to purchases, service contracts, and all other transactions on the behalf of CIC. I I BUDGET A. P reparation. AHA shall use its best efforts to operate the project within the annual budget established by AHA. CClCIClHABOC Attachment 2 to Agenda Item #2-A 09-2.08 III DUTIES GF AHA AHA shall: A. ape rate the project according to California State LandlordlTenant Law and any other requirements relevant to the project. B. 4pe rate and maintain the project within reasonable tolerance ofthe expense category subtotals in the project budget. C. Purchase all material, equipment, tools, appliances, supplies and services necessary for proper maintenance and repair of the project as stipulated in the project budget andlor other form of written documentation, in accordance with policies established by AHA. D. Represent CIC with respect to all tenant matters related to management of the project. IV GTHER GBLIGATIGNS A. M arketin .AHA will market the rental units, observe all requirements and maintain records of the marketing activity for compliance review purposes. B. Rentals. AHA will offerfor rent and will endeavorto rent the dwelling units in the project and will operate the project so as to: 1. Follow the tenant selection policies required of the project. 2. Show the premises and available units to all prospective tenants without regard to race, color, national origin, ancestry, sex, sexual orientation, religion, familial status, marital status, disability, or age; and will provide for reasonable accommodation to individuals with disabilities. 3. Take and process all applications received for rentals. If an application is rejected, the applicant will be informed in writing of the reason for rejection. The rejected application, with the reason for rejection noted thereon, will be kept on file until a compliance review has been conducted or 3 years, whichever is shorter, If the rejection is due to information obtained from a credit bureau, the source of the report must be revealed to the applicant according to the Fair Credit Reporting Act. A current list of qualified applicants will be maintained. 4. Prepare all dwelling leases and related documents and execute the same in its name, identified thereon as AHA. The terms of all leases will comply with relevant regulations. C. Collection of rents, security deposits a,nd other receipts. AHA will endeavorto collect when due all rents, charges, and other amounts receivable on the project's account in connection with the management and operative of the project. Such receipts will be deposited immediately in the project's general operating account with a bank whose deposits are insured by an agency of the Federal Government. AHA will collect, deposit, and disburse security deposits. D. Accounting system. AHA must develop a systematic method to record the business transactions of the project that appropriately reflects the complexity of project operations and AHS requirements. E. E nforcement of leases. AHA, within its sole discretion, will endeavor to ensure full compliance by each tenant with the terms of the lease. AHA may initiate action to terminate any tenancy when, in its judgment, there is material noncompliance with the lease or other good cause. Attorney's fees, and other necessary costs incurred in connection with such actions will be paid by AHA. F. Compliance. AHA will cause this property to be operated in a manner that complies with all statutes, regulations, and agreements applicable to this property. G. Maintenance and re air. AHA will endeavorto maintain and repair the project in accordance with good judgment and local codes, and keep it in a condition acceptable to meet HUD's requirements. H. Utilities and services. AHA will make arrangements for water, electricity for the common areas, sewage, trash disposal, vermin extermination. I. Insurance. Insurance Requirements: Coverage shall be at least as broad as: 1. Commercial General Liability coverage 2. vvorkers' Compensation insurance as required by State law and Employer's Liability insurance. 3. Property insurance. Minimum Limits of Insurance: AHA shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or otherform with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projectllocation orthe general aggregate limit shall be twice the required occurrence limit. 2. vllorker's Compensation with Employer's Liability: $1,000,000 per accident for bodily injury or disease. 3. Property lnsurance: Full replacement cost with no coinsurance penalty provision. Other Insurance Provisions: The general liability policy is to contain, or be endorsed to contain, the following provisions: 1. The City of Alameda, Community Improvements Commission CIC}, its officers, officials, employees and volunteers are to be covered as additional insured or additional covered parties with respect to liability arising out of ownership, lease and management of that part of the premises leased to the tenant. 2. AHA's insurance coverage shall be primary insurance with respect to CIC, its officers, officials, employees and volunteers. Any insurance orself-insurance maintained by the CIC, its officers, officials, employees or volunteers shall be excess of AHA's insurance and shall not contribute with it. 3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or materially changed, except after thirty X30}days' prior written notice by certified mail, return receipt requested, has been given to the CIC. 4. Maintenance of the proper insurance for the duration of the contract is a material element of the contract. Material changes in the required coverage or cancellation of the coverage shall constitute a material breach of the contract. Acceptability of Pooled Insurers: Insurance provided by AHA shall be with Housing Authorities Risk Retention Poof, a U.S. Department of Housing And Urban Development Approved, and California Joint Powers Authority. Verification of Coverage: AHA shall furnish CIC with original certificates and amendatory endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by CIC before lease commences insufficient time to permit AHA to remedy any deficiencies before the lease commences. VII J. Employees andlor services. AHA will employ sufficient resources staff andlor services} within its operation to fulfill its obligation to CIC under the terms of this agreement. K. T erm of a.. reement. This agreement shall be in effect subject, however, to the following conditions: 1. This agreement may be terminated by mutual consent of both parties as of the end of any calendar month, provided that at least 9o days advance written notice is given. 2. In the event that a petition of bankruptcy is filed by or against either ofthe principal parties, or in the event that either makes an assignment for the benefit of creditors or takes advantage of any insolvency act, the other party may terminate this agreement without notice to the other. L. Indemnification. AHA agrees to indemnify, defend, and hold harmless, CEC, from and against any and all loss, damage, liability, claims, suits, costs and expenses whatsoever, including reasonable attorney's fees, arising from or in any manner connected to this agreement. INTERPRETATIVE PREVISION A. T his agreement constitutes the entire agreement between the AHA and the CIC with respect to the management and operation of the project. No change will be valid unless made by supplemental written agreement. Agreed to by: AHA Michael T. Pucci, Executive Director CIC Leslie Little, Executive Director Date: Date: °.-~ ti .7 ~ ~~ J ~• ~OU~ lrl ~.ut~ari the ~ o t a ~ am~da 7'01 Atlantic Avenue - Alameda, California X4601-2161- Tel: X51 Q} 747-43Q0 ~ Fax: X61 Q}52~~7848 - TDD: X51 Q~ 5~2-8467 August 25, 2008 Dear Members of the Resident Advisory Committee: As mentioned to you in my letter of August 5, the Housing Authority is preparing an application to the U.S. Department of Housing and Urban Development THUD} to request permission to lease the Esperanza 120-unit public housing complex which would eliminate the public housing program. Tenants would be provided vouchers, and Section 8 program rules would apply. This letter is to give you an update on where we are in this process. The Housing Commission approved this plan at its meeting on August ~ 9. The first informational meeting with tenants went well; the second meeting will be held this Vvednesday. You are welcome and encouraged to attend this meeting: Esperanza, Multi-Use Center 1903 Third Street, Alameda ~IVednesday, August 2l, 2008,1:00 p.m. to 5:00 p.m. Cn August 8, we sent you a schedule of all meetings and other critical dates. Because of the positive response from stakeholders so far, the schedule has been adjusted, moving several meetings forward. The revised schedule is enclosed. You are welcome to attend the upcoming Board of Commissioners meeting: City Hall, Council Chambers 2263 Santa Clara Avenue, Alameda Tuesday, September 2, 2008; Start time: 1:25 p.m. The Board will be meeting jointly with the City Council and the Community Improvement Commission ~C1C~ to consider the Housing Authority's plan to lease the Esperanza complex to the CIC. The Housing Authority will continue to manage the property. The City Council will be deciding whether to authorize the Mayor to sign a letter of support for the plan. If the plan is approved by all three entities, the Authority hopes to submit the application to HUD before the end of September. HUD does not give a definite timeline for processing the application but, under the revised timeline, the Housing Authority now expects approval by early 2009. Sincerely, ~~ Eileen Duffy Operations Manager CCICICIHAB4C Attachment 3 to Agenda Item #2-A 09.02-48 HOUSING AUTHORITY OF THE CITY OF ALAMEDA ESPERANZA PUBLIC HOUSING COMPLEX DISPOSITION PROCESS TIMELINE Resident Advisory Committee Meeting December 5, 2001 Esperanza Town Hall Meeting January 10, 2008 Esperanza Resident Meeting on Disposition` August 13, 2008 Esperanza Resident Meeting on Disposition` August 27, 2008 * Additional resident meetings will beheld as needed. The following dates are tentative and subject to change: Housing Commission Considers Disposition Action August 19, 2005 Board of Commissioners Considers Disposition Action September 2, 2008 Application Submitted to HUD September 30, 2008 HUD approves application January S, 2009 Housing Authority applies to HUD for Section S Vouchers February 1, 2009 HUD approves Section S Voucher Application April 30, 2009 Process starts to determine eligibility, issue vouchers, etc. May 1, 2009 Disposition process completed May 31, 2010 ~T~ ~ ' - ~al~~lll . ~uthari f ~ the ~ tf a .~ ameda 70~ AtlanticAvenu~ -Alameda, California 945~~-~~fi1-Tel: ~~~0~ 741-430 ~ Fax: ~510y5~2~784~ -TDa; ~~~0} ~~2~8467 Duly 31, 2008 Dear Resident: The Housing Authority of the City of Alameda (AHA) will be submitting a Disposition Application for the Esperanza public housing property to the U. S. Department of Housing and Urban Development (HUD). The Disposition Application, if approved, will permit AHA to replace public housing subsidies with Section 8 vouchers at Esperanza. What does it mean for families if the Disposition Application is approved by HUD? • No one will be required to move. • If approved by HUD, the Housing Authority will issue Section 8 Vouchers to all eligible families and your rent will continue to be based on your income just like public housing. • The public housing subsidy currently assisting with your rent payments will be substituted for Section 8 vouchers, and you may have an opportunity to move with your Section 8 assistance at some point. • Nothing will occur unless HUD approves the application and gives the Housing Authority funding, and this process could take from a few months to a year or more. If you have questions, concerns, or want to voice your opinion about the Disposition Application, please feel free to give us a call at 747-4311 or attend one of two resident meetings at: Independence Plaza Esperanza Ruth Rambeau Memorial Community Room Multi-Use Center l03 Atlantic Avenue, Alameda, CA X903 Third Street, Alameda, CA Wednesday, Augus# ~3, 2008 Wednesday, August 2l, 2008 1:00 p.m. to 8:00 .m. 7:00 p.m. to 8:00 p.m. If you need special assistance to participate in the meetings of the Alameda Housing Authority, please contact the Managed Housing Division with your name, address, and phone number at 747-4307 ~TDD: 522-8467}. Notification 48 hours prior to the meeting will enable the Housing Authority to make reasonable arrangement to ensure accessibility. Language translation for AHA services is available by oral communication in most languages at no cost. To request assistance, please contact Carol Weaver, Executive Assistant, at 747-435. Los servicios de traduccion para Ios servicios de AHA en 47 idiomas estan, disponibles en todas las vficinas sin ningun costo. Para solicitar asistencia, pongase en contacto con Carol Weaver, Asistente Ejecutiva, al 747-4325. cc~c~ciHABoc Attachment 4 to Agenda item #2-A O~~o~~o~ HOUSING AUTHORITY GF THE CITY OF ALAMEDA 12esoCution No. DISPOSITION OF PUBLIC HOUSING WHEREAS, the Board of Commissioners of the Housing Authority of the City of Alameda has determined the public housing program is not a fiscally responsible means of keeping the Esperanza apartment complex in good repair and of meeting the capital improvement needs of the complex; and WHEREAS, the Housing Authority will apply for Section 8 vouchers for residents, and apply for project-based voucher assistance up to the maximum allowed; and WHEREAS, the Housing Authority will ensure that the units remain affordable for families underSO percent of median incomefora minimum of 20 years; and WHEREAS, the Disposition of the assets of the Public Housing Program is in the best interest of the Housing Authority and the residents of the public housing; and is consistent with the goals of the Housing Authority; and WHEREAS, the Housing Authority has included in its HUD-approved fiscal year 2008-2009 Annual Plan its plan to dispose of its public housing units; and WHEREAS, the Housing Authority has completed the resident consultation and governmental consultation required to submit a Disposition Request to the U. S. Department of Housing and Urban Development THUD}; NOW THEREFORE, BE IT RESOLVED, the Executive Director is authorized to execute documents, provide certifications and submit to HUD for approval a request to dispose of the Housing Authority of the City of Alameda's Public Housing Project, known as Esperanza, HUD project number CA062000-001 including all related personal property. ATTEST: Michael T. Pucci Executive DirectorlSecretary Adopted: Date Beverly Jahnsan, Chair Board of Commissioners Approved as~ rm ASSISTANT GENERA COY UNSEL Resolution #2-A HABOC 09-D2-D8 UNAPPROVED MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY - - - -- - - AUGUST 19, 2008 - - - - 7:30 P.M. Mayor Johnson convened the Regular Meeting at 7:50 p.m. Commissioner Torrey led the Pledge of Allegiance. ROLL CALL - Present: Councilmembers deHaan, Gilmore, Matarrese, Tam, and Mayor Johnson - 5. Absent: None. AGENDA CHANGES (08-- } Mayor Johnson announced that the Presentation to the Climate Protection Task Force Members paragraph no. 08- ] and the Resolution of Appointment [08- ] would be heard first; and that the Public Hearings to consider appealsEparagraph nos. 08- and 08- ] were withdrawn. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (08- } 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. Mayor Johnson thanked the members on behalf of the entire community. Mr. Burton stated a Community Action for Sustainable Alameda kick-- off meeting will be held on September 17, 2008 at the "0" Club at Alameda Point. Mayor Johnson presented certificates to Andrew Cunningham, Michael Krueger, Ann McCormick, David Burton, and Lizette weirs. REGULAR AGENDA ITEM (08- } Resolution No. 14959, "Appointing Jane Q. Lee as a Member of the Transportation Commission (School District Seat}." Adopted. Councilmember Matarrese moved adoption of the resolution. Vice Mayor Tam seconded the motion, which carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office and presented Ms. Lee with a certificate of appointment. Regular Meeting 1 Alameda City Caunci.l August 19, 208 *** Mayor Johnson called a recess at 7:58 p.m, to hold the Special Joint City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission Meeting and reconvened the Regular City Council meeting at 8:41 p.m. *** (08- ~ Presentation by the League of Women Voters on the Redistricting Measure. The League of Women Voters members 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 - 5. [Note: Councilmember Gilmore abstained from voting on the minutes.] [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] (*08- }Minutes of the Regular City Council Meeting held on August 5, 2008. Approved. [Note: Councilmember Gilmore abstained from voting on the minutes.] (*08- } Ratified bills in the amount of $2,807,590.17. (*D$- } Recommendation to accept the Quarterly Investment Report for period ending June 30, 2008. Accepted. (*08- } 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. Accepted. (*08- } 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. Accepted. (*08- } 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. Accepted. Regular Meeting 2 Alameda City Council August 1~, 2008 (*08- } Recommendation to appropriate $46,600 in Dwelling Unit Tax monies to Rittler Park irrigation and field renovation improvements, No. P.W. 11-07-34. Accepted. (*08- ~ Resolution No. 14260, "Approving Final Map and Accepting Associated Dedications Adopted. and Easements for Tract 9689 (Esplanade}." (*08- } Resolution No. 14261, "Approving Street Names for the Grand Marina Project." Adopted. REGULAR AGENDA ITEMS (08- } 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. Withdrawn. (OS- } 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. Withdrawn. (08- }Recommendation to adopt the Alameda Theatre Community Use Policy and Fee Schedule. The Redevelopment Manager gave a brief presentation. Mayor Johnson stated the Theatre is an unusual facility for the City to have and is even more unusual because there is a Theatre operator; minimum attendance should be 400 or 500 people; the "Q" Club could be used for 200 people; the Theatre should not be closed down for an event for 200 people; staffing should be set at a minimum level; the level could be increased based on the event; staffing should be provided by the Theatre; the security deposit needs to be higher for non-profits; the Theatre should not be made available to non-profits seven days a week; days and hours should be restricted; that she does not like the idea of first-come, first-serve; a prioritization process should be in place; local government and the School District should have first priority; the Theatre could be available to non-profits if there are days left over; non-profits should have to complete an application and selection process. The Redevelopment Manager stated staff discussed a prioritization Regular Meeting 3 Alameda City Council August 19, 2QQ8 process but had concerns with the structure. Mayor Johnson stated a great use [of the Theatre] would be having a speaker series in conjunction with Peralta College and the School District. Councilmember Matarrese stated the security deposit is too low; users should be required to get a one-day damage insurance policy. Councilmember deHaan concurred with Councilmember Matarrese; stated the Theatre is a valuable asset; previous discussions involved cultural events and using the stage and venue to the utmost; that he would love to have an oversight committee to deal with setting priorities; that he has concerns with using the Theatre for graduations. Vice Mayor Tam stated that she concurs that the Theatre is a precious asset; $30 million of public money was spent; the Theatre is similar to the Met'er's House, which has a limited time of operation and has a lot of restrictions; alcohol is allowed at the Theatre; the other seven theatres would be available for movie viewing; the Theatre was used for the Alameda County Mayor's Conference; non-profits do good work for the City and should get some priority; that she concurs with Councilmember deHaan regarding having an oversight committee. Councilmember deHaan stated uses should be flushed out. Councilmember Gilmore stated that she concurs with Mayor Johnson regarding not shutting down the Theatre for 200 people; inquired whether the mezzanine and balcony would be shut down if the auditorium is shut down. The Redevelopment Manager responded the balcony would be shut down; the mezzanine would be shut down if the user wanted to use the area for the event. Councilmember Gilmore stated the City has other facilities to accommodate 200 people. Mayor Johnson stated there should be full cost recovery and a charge far utilities and staffing; knowing the minimum staffing level required to protect the asset is important; the maximum way to use the Theatre would be musical performances, speaker series, and community events with 700 or more people. The Redevelopment Manager inquired whether Council would like staff to come back with a revised policy, to which Council responded in Regular Meeting 4 Alameda City Council August 19, 2008 the affirmative. X08- } Resolution No. 142G2, "Amending Master Fee Resolution No. 12191 by Changing Various Chuck Corica Golf Complex Rates." Adopted. The Interim Golf Manager gave a brief presentation. Jane Sullwold, Golf Commission Chair, stated the Golf Commission has difficulty with imposing resident fee increases; residents have been getting an incredible break in the past. Councilrnember deHaan inquired why the Junior fee would remain at $1.00. Ms. Sullwold responded the Junior fee was not changed because of the basic formula used for the rate increases and the political sensitivity of the matter; stated the Northern California Golf Association ~NCGA} reimburses the Golf Complex up to $8.00 for both resident and non--resident Junior golfers. Mayor Johnson inquired whether having annual passes makes sense. Ms. Sullwold responded annual passes generated approximately $42,$20 last fiscal year. Mayor Johnson inquired whether annual pass rounds are tracked. Ms. Sullwold responded tracking is done on the number of people who play on passes; stated the average pass holder plays approximately ten rounds per month. Mayor Johnson inquired whether the annual pass fee would be raised. Ms. Sullwold responded in the affirmative; stated the Golf Commission feels that the annual pass ranking should be senior residents, residents, senior non-residents, and non-residents. Mayor Johnson inquired whether the nine-hale rate is new. Ms. Sullwold responded in the negative; stated the rate is for early morning and late evening play. Mayor Johnson stated that she is okay with trying out the fee increases; play impact should be watched carefully; Golf Course revenue needs to pay for operating costs and funds should be put aside for long-term maintenance and infrastructure; inquired whether the proposed fees would cover the operating expenses if Regular Meeting 5 Alameda City Council August 19, 208 there is no decline in play. Ms. Sullwold responded in the affirmative; stated the approved budget anticipates a 10a decline in play. Mayor Johnson stated the goal is to break even; the Golf Commission should consider a surcharge for maintenance and infrastructure costs; the Golf Course cannot continue to deteriorate. Ms. Sullwold stated that she would be concerned with imposing a $2.00 surcharge after adopting the fee increases; the Request for Proposals ~RFP's~ are due on August 27, 2008; good solutions might be provided; a surcharge would not generate enough money needed for capital improvements. Mayor Johnson stated a lot of people want to leave things as is. Ms. Sullwold stated that she is hearing a lot of resistance to privatization; that she feels the Golf Course needs a strong manager on a full-time basis. Mayor Johnson stated operating costs need to be covered as well as long-term maintenance and infrastructure improvements. Ms. Sullwold stated that she has not heard a lot of negative feedback on the proposed fee increases. Councilmember deHaan inquired whether the golf courses have always had separate fees. Ms, Sullwold responded in the negative; stated separate fees were initiated in April, 2007; a consultant suggested separate fees because the Earl Fry Course is the premium Course; the consultant thought that the Earl Fry fee increase would transfer more demand to the Jack Clark Course; the problem was that there was not enough of a fee differentiation; Golf Digest sent a letter to the Golf Course stating that the Jack Clark Course is recognized as one of the top one hundred municipal courses in the country. Vice Mayor Tam requested clarification on the $700,000 Golf Course estimated shortfall for the next fiscal year; inquired whether the fee structure was examined to bring fees up to a level that the market could bear and would close the estimated operating gap; further inquired whether the surcharge was intended for maintenance, operation, and capital improvements. The Interim Golf Manager responded the approved budget contains an estimated $150,000 expenditure for Risk Managers and results in the Regular Meeting Alameda City Council August 19, 2008 $700,000 deficit; stated a fee structure that would totally eliminate the deficit was never examined. Vice Mayor Tam inquired whether the increase in play over the last five months could offset any potential decline as a result of the proposed fee increases. The Interim Golf Manager responded the increase in rounds was from the short course and was a direct result of fee reductions; stated the downward trend will continue for the next couple of years; the economy is in tough shape; further stated the original surcharge was not earmarked for capital improvements, but went back into the General Fund. The City Manager stated the original surcharge was established in 1991. Councilmember Matarrese requested a progress report for the last two months, including revenues and rounds by course; further requested continual tracking; stated that he would like to approve the increases, see how things go, and review the real numbers when the RFP's come back. The Interim Golf Manager stated that reports are provided to the Golf Commission each month; reports can be forwarded to Council. Councilmember deHaan inquired whether the $700,000 shortfall had a write-off of $400,000 [in golf cart savings], The Interim Golf Manager responded $400,000 is not included in the next few years; some of the money should be made back; the monthly golf cart lease payment would go to the vendor in the next three years. Jon Hasegaw, Alameda, stated that he is against the fee increase; more people will come back to play if the fee is reduced. Mayor Johnson inquired what is the cost per round based on operations, to which the Interim Golf Manager responded just under $39.00. Mayor Johnson stated almost everyone is paying less than the cost per round. The Interim Golf Manager stated there are other revenue sources such as golf cart rentals and restaurant concessions; golf cart rentals generate approximately $20,000 per year. Regular Meeting 7 Alameda City Council August 19, 2Q08 Mayor Johnson encouraged golfers to participate in the effort to save the Golf Course and not just complain about what other people are proposing; inquired what would be the trigger point if play declines with the proposed fee increases. Ms. Sullwold responded rounds should be reviewed at the end of the first month after the proposed fees go into affect. The Interim Golf Manager stated the proposed fees would go into affect September 1St . Mayor Johnson stated the review could be placed on the October City Council agenda, or could be dropped from the agenda if there is no decline in play. Councilmember Matarrese stated the matter should come back to Council regardless. Councilmember Matarrese moved approval of the staff recommendation with direction to provide a monthly review starting one month after implementation of the fee increases. Ms. Sullwold stated updates could be provided at the second City Council meeting every month. Councilmember Matarrese stated that he would like to have the matter come back so that Council could choose to act or not. Councilmember Matarrese restated the motion to approve the rate increase recommended by the Golf Commission and staff, and direct staff to monitor the matter on a monthly basis starting in October. Cauncilmember Gilmore inquired whether monitoring would be in the form of written reports from the Interim Golf Manager. Councilmember Matarrese responded he would like the matter to be presented at Council meetings every month starting in October. Mayor Johnson seconded the motion, which FAILED by the following voice vote: Ayes: Councilmember Matarrese and Mayor Johnson - 2. Noes via non-response7: Councilmembers deHaan, Gilmore, and Tam - 3. Councilmember deHaan stated that he understands the desire to increase fees; resident golfer fees were $80.00 in 2002; he would have liked to have more data available on fee increases over the past years. Regular Meeting 8 Alameda City Council August 19, 2008 The Interim Golf Manager stated fees were increased in 2004 and 2007. Councilmember deHaan stated that anticipating more play with increased fees does not wash. Mayor Johnson stated that she does not like the idea of raising rates and neither does the Golf Commission; she is relying on the Golf Commission's recommendation because they are much more involved; she is concerned that the proposed fee increases might cause a decline in play; the matter would come back to Council in Qctaber; the City cannot keep operating at the current deficit and save the Golf Course. Councilmember deHaan stated Council was aware of the problem three years ago and should have addressed the issue then; he does not think that the proposed fee increases are the salvation to the problem. Mayor Johnson stated Council and the Golf Commission have not been in a state of inaction over the Golf Course; a golf fee study was done several years ago; there has been a substantial change in personnel in the last two years; the change has been positive; the golf environment gets worse and worse as time goes on. Councilmember Gilmore inquired how the City's fees compare to the closest competitor. The Interim Golf Manager responded the City's fees are lower by a substantial amount; stated other courses are completely renovated, have newer amenities, and better drainage. Vice Mayor Tam inquired what is the differential between resident and non-resident fees at other golf courses. Ms. Sullwold responded resident discounts are more substantial. Mayor Johnson stated there should be a greater difference in resident and non-resident rates; the Golf Course is in a crisis mode; inquired what would happen if the proposed fee increases are not adopted. Ms. Sullwold stated the Golf Commission anticipated that the new fees would cause as much as a 10o decline in every category, but would still generate approximately $163,000; the Golf Commission cannot think of anything else to do to balance revenues against expenses; expenses have been cut as close to the bone as possible. Regular Meeting 9 Alameda City Council August 19, 208 r Mayor Johnson stated that rate increases have occurred, but operating expenses have increased also. Ms. Sullwold stated that the 2007 rate increase was insignificant, and had no impact on demand for play. Councilmember Matarrese stated the motion recognizes the Golf Commission's work; there are not too many other choices; the cost to produce a round of golf is approximately $39.00, and fees are less than $39.00; the golfing public needs to help save the Golf Course. Councilmember Gilmore thanked Ms. Sullwold for providing the history on fee increases; stated that she is more comfortable with supporting the proposed fee increases. Councilmember deHaan inquired whether consideration was given to raising all of the Jack Clark fees to the current Earl Fry fees, and increasing the monthly fees by 10a-15o. Ms. Sullwold responded the Golf Commission considered a similar case scenario; stated not enough money would be generated; raising all Jack Clark rates to Earl Fry rates would generate approximately $100,000; a 10a annual pass increase would generate approximately $40,000; the Golf Commission was trying to come up with something more substantial; the Golf Commission ran a scenario of trying to raise all rates to a level that would generate $700,000 additional income and the rates were astronomical. Vice Mayor Tam stated that she is not opposed to raising fees; inquired whether there is any way to recover the cost per round with the fee structure. Ms. Sullwold responded $39.00 is the average cost per round; stated some rounds are priced higher, some lower; rates need to be lower than more desirable competitors; the City does not offer some of the same amenities as competitors. Vice Mayor Tam stated the Golf course would be resigned to forever losing money if operating costs cannot be met. Ms. Sullwold stated the Golf Course could be in the black if a fee increase generates $300,000, an operator does some marketing and promotion, and strong management is in place. Councillmember deHaan stated approximately $1 million is being taken out of the operating budget; Council is willing to lose $500,000 in General Fund revenue when the operator comes in. Regu~.ar Meeting 1 D Alameda City Council August 19, 2008 Councilmember Gilmore stated Council has not reached that point yet; contracting out would insulate the City from the risk of losing the Golf Course. Councilmember Matarrese stated the proposed increases would be closer to the real cost of providing a round; many decisions would have to follow. Councilmember Matarrese reintroduced the motion to approve the increases presented by the Golf Commission and staff with direction to review the outcome at the second City Council Meeting in October. Mayor Johnson stated the proposed increases would not solve the Golf Course problems, but would slow the bleeding. Vice Mayor Tam seconded the motion. Under discussion, Vice Mayor Tam stated adoption of the proposed fees is a bandaid that hopefully will stop some of the bleeding. Councilmember Gilmore stated saving golf for the City is important; saving or padlocking the Golf Course are the two choices; that she supports the motion. On the call for the question, the motion carried by the following voice vote: Ayes: Councilmembers Gilmore, Matarrese, Tam, and Mayor Johnson - 4. Noes: Councilmember deHaan - 1. ORAL COMMUNICATIONS, NON--AGENDA Public Comment} X08- } Joe McNiff, Alameda Police Officers Association, stated the Association has been in negotiations since November 2007, which is the longest negotiation process the Association has participated in; outlined services provided. COUNCIL REFERRALS X08- } Report on Fire and Police Department calls. The Police and Fire Chiefs provided a brief report. Councilmember Gilmore inquired what type of services are grouped into the Public Service Assistance category. The Fire Chief responded services include cutting a ring off, or a child getting caught in playground equipment. Regular Meeting 1 1 Alameda City Council August 19, 2QQ8 Mayor Johnson stated that she does not have any problem with medical assist calls or lock outs, but she does have a problem with lock ins; a lock in should be handled by a locksmith; the Fire Department no longer gets people into locked vehicles because claims were filed for damages; she considers a water leak a plumbing issue; the Fire Department repeatedly responds to elevator calls. The Fire Chief stated that elevator calls can be coded differently. Mayor Johnson stated that owners should be discouraged to rely upon the Fire Department for elevator calls; owners should be charge appropriately to encourage proper maintenance of buildings. The Fire Chief stated staff could review what the appropriate fee should be; the cost of collection would need to be reviewed. The City Manager stated an analysis would need to be done; an analysis would take approximately four weeks. The Police Chief stated the Police Department ceased responding to lock outs. Mayor Johnson inquired whether the Fire Department responds to house or car lock outs. The Fire Chief responded in the affirmative; stated responses totaled 37 in 2407. Vice Mayor Tam inquired whether there is a fee schedule for false alarms, to which the Fire Chief responded in the affirmative. Vice Mayor Tam inquired whether businesses are charged through direct means, to which the Fire Chief responded in the affirmative. Vice Mayor Tam stated previous discussions involved trying to maintain Fire Department staffing levels at twenty-seven per shift to avoid brown outs; inquired whether the ability to maintain a certain level of staffing would be compromised [for responding to lock ins and lock outs. The Fire Chief responded in the negative; stated the calls are low priority; staff would be leave the call if a higher priority call was received. Councilmember Matarrese inquired whether overtime would incur. The Fire Chief responded in the negative; stated overtime would Regular Meeting 1 2 Alameda City Council August 19, 2aa8 incur if there were multiple, major emergencies at the same time; stated non-emergency calls do not incur overtime. Councilmember deHaan inquired whether other cities charge for calls. The Fire Chief responded that some cities charge for water evacuation, and lock in/ lock out calls. Mayor Johnson stated substantial cost recovery fees should be imposed for elevators being stuck in commercial buildings. The Fire Chief inquired whether Mayor Johnson was referring to a charge for the response cost. Mayor Johnson responded in the affirmative; stated a basic fee could be charged, plus an amount per hour or half hour. The Fire Chief inquired whether a residential lock in or lock out would have a full cost recovery or flat fee. Mayor Johnson responded the fee should be high enough to make residents think twice about calling the Fire Department rather than a locksmith. Councilmember deHaan inquired whether there is a way to track whether an elevator call is repetitive. The City Manager responded the matter can be researched; stated that power outages differ from maintenance issues; research would be done on what other cities charge. Councilmember Matarrese inquired whether there is a formalized procedure for diverting repeat calls to other agencies. The Fire Chief responded in the affirmative; stated the City received a grant to put together a program to deal with repeat fall victims who need to be directed to some other social service to get attention and care. The Police Chief stated that the Police Department works with a number of social agencies also. Mayor Johnson stated that direction to review fees is the same for the Fire Department and Police Department. Vice Mayor Tam stated that she received a call from a gentleman who believes that the City is issuing more tickets and citations in Regular Meeting 1 3 Alameda City Couneil August 19, 2008 order to generate a quota. The Police Chief stated the Police Department always provides police services that are not disparate in any way and are very appropriate and professionally managed and delivered; fees are not based on a quota. Vice Mayor Tam stated the gentleman is an Oakland Police Officer who lives in Alameda and perceives that his neighborhood is being targeted. The Police Chief stated that he will talk with the gentleman. (08- } Consideration of creating an Ordinance Establishing an Irrevocable Trust Fund for Other Post Employment Benefits (OPEB7. Councilmember Matarrese stated the referral outlines and references a January 15, 2008 report showing accrued liability for OPED; the projected accrual was $75 million; currently, the City is using the "pay as you go" approach; requested that Council consider an ordinance establishing an Irrevocable Trust Fund which would include a minimum annual contribution as a percentage of the General Fund budget; further requested that the Fiscal Sustainability Committee recommend a minimum fund contribution level to be included in the ordinance; Council would review the ordinance so that funding the liability could start this year. The City Manager stated staff recommends research be continued and addressed at the Fiscal Sustainability Committee August 26 meeting; the timeline [for adopting the ordinance] would be mid October or November. Councilmember Matarree stated the end goal is to have the ordinance move along in parallel with starting funding this year; the committement is already made. Councilmember deHaan stated the intent is to put the ordinance in place, but not indicate the dollar amount. Councilmember Matarrese stated the dollar amount would be left blank. The Interim Financial Director stated other cities have considered other options beyond a trust alternative; that she has five significantly different options for Council consideration. Mayor Johnson stated payments need to start now and should have started before. Reguiar Meeting 1 4 Alameda City Council August 19, 2008 Councilmember Matarrese stated the Government Accounting Standards Board ~GASB}is a reporting requirement; a commitment has been made to fund retirement and the City needs to pay for it. The Interim Finance Director stated the obligation is to demonstrate that the City can financially handle the payment, not necessarily fund it. Councilmember Matarrese stated that showing the ability to pay for oPEB and paying for it are two different things; that he does not want to push off the liability onto another Council. Councilmember Gilmore stated choosing the ordinance route might be premature given the fact that the Interim Finance Director will come back with alternatives; she would like to hear the alternatives and then choose the appropriate mechanism with the understanding that the City would start doing something. Councilmember Matarrese stated payment has to start this year; the longer the City waits, the higher the liability becomes; the City needs to start putting money in the bank by December 2008. Mayor Johnson stated that she wants to ensure that a minimum amount of money would go to pay for the obligations. Councilmember deHaan stated that he does not see a problem with establishing an ordinance now. Mayor Johnson stated that Councilmember Matarrese is suggesting a parallel process. Vice Mayor Tam stated that she appreciates trying to be aggressive; she would like to have a full vetting regarding an ordinance versus a policy restricting the City's future negotiation ability. Councilmember Matarrese stated the matter could be discussed with the ordinance; that he would like to have formal Council direction. Councilmember Matarrese moved approval of directing staff to move forward on the matter. Councilmember deHaan seconded the motion. The City Manager stated that staff would meet with the Fiscal Sustainability Committee on August 26; staff would provide information on the fund balance to Council mid September. Regular Meeting 1 5 Alameda City Council August 19, 2008 Councilmember deHaan discussed the Council Referral process; stated the City Manager is to advise Council on the cost for staff to address the issue and whether priorities would be displaced. Councilmember Matarrese inquired whether the recommendation from the Fiscal Sustainability Committee would come to Council in October, to which the City Manager responded in the affirmative. COUNCIL COMMUNICATIONS (08- } .Consideration of Mayor's nominations for appointment to the Youth Advisory Commission. Continued. (08- } Councilmember deHaan requested that consideration of Council support for Proposition 11 be placed on the next agenda. ADJOURNMENT There being no further business, Mayor Johnson adjourned the Regular Meeting at 11;27 p.m. Respectfully submitted, Lora weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting 1 Alameda City Council August 19, 200$ CITY ~FALAMEDA Memorandum Ta: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim Chief Financial Gfficer Date: September 2, 2008 Re: List of yllarrants 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 212725 - 213144 EFT570 EFT571 EFT572 EFT573 EFT574 EFT575 EFT576 EFT577 Void Checks: 212647 212664 GRAND TOTAL Respectfully submitted, Chief FinanciaU~fficer Council Vllarrants D91021D8 ~~~~~ Amount $2, 665, 991.26 $1,215.85 $1 D, 942.68 $46,396.22 $7, 993.50 $7,993.5D $1, 875.88 $7, 993.5D $349,953,56 ~$19.D0} ~$19.OD~ $3,1 D0, 317.95 Reviewed and received, City Clerk BILLS #4-B 912/2008 CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Debra Kurita City Manager Date: September 2, 2008 Re: Accept the Quarterly Progress Report on Implementing the Local Action Plan for Climate Protection BACKGRQUND Since the City Council's adoption of the Local Action Plan on February 5, 2008, the City Manager formed a staff "Green Team," which includes the Assistant City Manager, Public Works Director, Planning and Building Director, General Manager of Alameda Power & Telecom, legal staff, and senior staff representing the three departments. The Green Team meets on a regular basis to review work programs and coordinate City projects and activities to implement the Local Action Plan. DISCUSSIaN The second quarterly progress report on implementation of the Locai Action Plan is provided as Attachment ~ . Currently, the Green Team is working on the upcoming initial meeting of Community Action for a Sustainable Alameda ~CASA}, to build a local movement to assist in the implementation of the Local Action Plan. The kick-off meeting of this partnership is scheduled for Thursday, September ~l, 2008, at 6:30 p.m. at the Qfficers Club at Alameda Point. The intended role of CASA will be to increase public awareness of global climate change and create local actions that involve the community. BUDGET C~NSIDERATIONIFINANCIAL IMPACT There is no budget impact as a result of this action. MUNICIPAL CGDEIPQLICY DQCUMENT CRASS REFERENCE This report is consistent with implementing policies of the Locai Action Plan for Climate Protection. City Council Agenda Item #4-C 49.42-08 Honorable Mayor and Members of the City Council REC4MMENDATI~N September 2, 2008 Page 2 of 2 Accept the Quarterly Progress Report on implementing the Local Action Plan for Climate Protection Respectfully submitted, ~` Barbara Hawkins Actin Public Works Director ~~ By Marge Lean Public rks Coordinator BH:MAM:gc Attachment: ~. Quarterly Report on the Implementation of the Local Action Plan for Climate Protection F- 0 a W J W H Q W 2 H LL Z O a z w w J a Z O H V W H a W Q J V O z Q J a z O v Q J Q V O J Z W 2 N J a 0 V v a J a z 0 ~ 0 v C C ~ C 0 IO ~ 0 0 ro 0 ~ 0 ~ o 3 Q ro a n ~ o c . o c oo m = o co ~ ~ ~~ ~ w ~~ ~ L ~ ~ J U ~ ~ ro C d? 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In accordance with the JPA, the Amendment must be submitted to all of the ACWMA's member agencies for approval, and needs concurrence by twelve member agencies far the Amendment to be effective. DISCUSSION The JPA currently requires atwo-thirds vote for all ordinances and resolutions, and a majority vote of those present and voting for all other actions. The ACVtiIMA Board is proposing to amend the JPA to allow all actions under $500,000 to proceed based on a majority of the authorized vote, while maintaining the two-thirds vote requirement for actions authorizing expenditures of $540,000 or more. According to the ACWMA, this change will continue to ensure that major decisions with a significant fiscal impact require a broad consensus, while simultaneously streamlining the process for ordinary actions. BUDGET CONSIDERATlON1FINANCIALlMPACT There is no budget impact as a result of this action. MUNICIPAL CODEIPOLICY DOCUMENT CROSS REFERENCE This action does not affect the Municipal Code. City Council Report Re: Agenda Item #4-D a~-o~-os Honorable Mayor and Members of the City Council RECOMMENDATION Adopt a resolution approving an amendment of the JPA forACVIJMA. Respectfully submitted, Z ~~ Barbara Hawkins Acting public Works Director By: Marg M Lean Public Works Coordinator September 2, ~OO8 Page2of2 BH:MM:gc CITY OF ALAMEDA RESOLUTION NO. APPROVING AN AMENDMENT OF THE JOINT EXERCISE OF POWERS AGREEMENT FOR THE ALAMEDA COUNTY 1NASTE MANAGEMENT AUTHORITY E ~" ~ '`~ h R~ ~d C '/~ L ~ 0 r~ ~ V ~ o " ~ ~~ WHEREAS, the City of Alameda is a member of the Alameda County 11Vaste Management Authority ~ACWMA} created pursuant to the Joint Exercise of Powers Agreement JPA} for Waste Management dated February 13, 1990, as amended from time to time thereafter; and WHEREAS, on June 25, 2008, the ACWMA Board, approved an amendment to the JPA voting procedures to require a majority vote for actions authorizing expenditures of less than $500,000; and WHEREAS, amendments to the JPA must be approved by not less than two-thirds vote of the governing bodies of all of the member Agencies. NOW, THEREFORE, BE IT RESOLVED by the Alameda City Council that Section 7.d of the JPA for~lllaste Management is approved as: 7.d. Vote Required - A two~thirds majority of the authorized vote shall be required for expenditures of $500,000 or more. Except as provided elsewhere in this Agreement, a majority of the authorized vote shall be required for all other actions. *~**** 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 2nd day of September, 2008, by the following vote to wit: AYES: NOES: ABSENT: ABSENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 3rd day of September. Lara Weisiger, City Clerk City of Alameda Resolution #4-D CC 09.02-08 CITY GF ALAMEDA RESaLUTIaN No. CGMMENDING AUDREY LORD-HAUSMAN FCR HER CGNTRIBUTIGNS Ta THE ALAMEDA COMMUNITY ` ' 4 "~ WHEREAS, Audrey Lord-Hausman's career with the City of Alameda E ~ began in August, 2000, after a 30-year career in the private sector; and ~; 0 ~- _ WHEREAS, Ms. Lord-Hausman serves as Chair of the Mayor's ~ `. ~~ ~ a ~ ~ ~ Commission on Disability Issues; and ~ ~~ ~ ~~ . ~ ~~, ~ WHEREAS, Ms. Lard-Hausman serves as Administrative Coordinator for ~ ~ ~ ~ ~' the Alameda Collaborative for Children, Youth & Families an or anization co- 9 ~ ~ chaired by Mayor Johnson, Supervisor Alice Lai-Bitker, and Board of Education ~ ~ Trustee Janet Gibson; and WHEREAS, Ms. Lord-Hausman has made significant contributions to Alameda youth, introducing and implementing the following programs: the City's first Youth Advisory Commission; Youth Yellow Pages; the teen magazine "Cut Loud --Thoughts of a Teenage Mind;" "In the Mix," a conference for mixed-race youth and families; Alameda Teen Action Council; and Season for Nonviolence Middle and High School Speech Contest; and WHEREAS, Ms. Lord-Hausman was instrumental in developing and maintaining various community programs, including Pedestrian Friendly Alameda, a pedestrian safety advocacy group; Walk & Roli to School Day, an event to encourage walking and bicycling to school; the "Keep Kids Alive. Drive 25" campaign in Alameda; and WHEREAS, Ms. Lord-Hausman has been recognized and awarded for her tireless efforts, including receiving the City of Alameda Heroes Community Service Award in 2005, the Alameda Chamberof Commerce Community Service Person of the Year Award in 2006, and the City of Alameda Heroes Community Service Award for the Collaborative forChildren, Youth & Families in 2008; and WHEREAS, Ms. Lord-Hausman will officially retire from her position as Administrative Coordinator for the Alameda Collaborative for Children, Youth & Families on September 12, 2008. NCW THEREFORE, BE IT RESOLVED that the City Council of the City of Alameda does hereby congratulate Ms. Lord-Hausman for her outstanding achievement in her service to the City and community of Alameda, especially its youth and families. ****** Resolution #5-A 09-02-08 1, the undersigned, hereby certify that the foregoing Resolution was duty and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 2nd day of September, 2008, by the following vote to wit: AYES NOES: ABSENT: ABSTENTf~NS: IN WITNESS, VvHERE4F, i have hereunto set my hand and affixed the seal of said City this 3~~ day of September, 2008. Lara Weisiger, City Clerk City of Alameda CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Debra Kurita City Manager Date: September 2, 2008 Re: Accept the Quarterly Sales Tax Report for the Period Ending March 31, 2008 BACKGRGUND This report relates to the sales tax transactions for the period January 1 through March 31, 2008. These tax transactions are the basis for sales tax revenues received April 1 through June 30, 2005. DISCUSSIGN Sales tax is the fourth largest source of General Fund revenue for the City of Alameda, representing 6°/0 of total projected revenues for Fiscal Year 2007-2008. Taxable sales transactions in Alameda for the period ending March 31, 2008, increased 10.7%, or $142,522, from the same quarter of the prior year. The top 25 businesses represent 50.3%, or $145,166, of the quarter's sales transactions. The top 100 businesses represent 16,3°/0, or $1,129,836, of the quarter's sales transactions. A historical comparison of per capita sales tax in Alameda to state and county totals is shown in Attachment A. 'The discussion of sales tax in this report excludes Prop.ll2 funds--the allocation from the statewide pool for public safety services. Prop.1 l2 revenue, projected as $0.5 million, when combined with local sales tax, raises the percentage of Iota! sales tax to l% of total General Fund revenues. City Council Agenda Item #5-B 09-02-OS Honorable Mayor and Members of the City Council September 2, 2008 Page 2 of 3 Following is a comparison of the key economic categories with subcategory detail. Total Sales Transactions 1St Quarter 2008 1St Quarter 20D1 Percent Change Economic Cate o g ~ Total Percent of Total Total Percent of Total -10.2% Transportation $378,897 25.6°/0 $421,929 31.5°/a 7.7°/° Food Products $360,673 24.3°/° $334,918 25.0% 11.4°/a General Retail $289,943 19.6°/° $260,196 19.4°/a 51.0% Business-to-Business $391,355 26.4% $259,169 19.4% -1.3% Construction $51,175 3.5°/0 $51,858 3.9°/° -10.6% Miscellaneous $9,709 0.7% $10,860 0.8°/° 10.7% Total -Quarter $1,481,752 1 D0.0% $1,338,930 1 DD.D% Gains in business-to-business of 51 %, or $132,186, primarily reflect the activity from a business in the [fight industry subcategory, newly relocated in Alameda, partially offset by declines in office equipment and other subcategories. General retail gained 11.48°/°, or $29,747, largely from apparel, furniture, and specialty household, partially offset by the liquidation-in-progress of a major department store at Alameda Towne Centre. Food products increased 1.1 %, or $25,155, primarily from food markets, with small increases in the liquor store and restaurant subcategories. Transportation declined 10.2%, or $43,032, reflecting a decrease in vehicle sales, partially offset by an increase in the service station subcategory. Declines in Miscellaneous of 10.6°/°, or $1,151, reflect a decrease in the health and government subcategory. Construction declined slightly by 1.3%, or $683, reflecting a decrease in retail building materials of $2,211, partially offset by an increase in wholesale building materials of $1,535. A comparison of the geographic generation of sales tax for the first quarter of 2008, as compared to the same period in 2x07, shows an overall gain of 10.7°/°, or $148,222, while revealing that area results are mixed. The overall gain is largely driven by one new business relocation into Alameda as reflected in the increase of 231% in the Harbor Bay Business Park, partially offset by declines in both Park Street areas, and the All Other Areas category. Bridgeside Center is gaining in impact as a sales tax generating area, increasing from just less than 1°/o to about 3°/° of the total geographic areas. Alameda Towne Centre has had ongoing major construction work in both of the comparison quarters, with the increase of 11.4% over the prior year largely reflecting the impact of severs[ new apparel stores. The area of vvebster -North of Lincoln generated an increase of 11.8%, or an additional $10,004, in sales tax from the prior year-ago quarter, and Marina Village Business Park generated an increased 3.5%, or an additional $5,540, in sales tax over the same period. Honorable Mayor and September 2, 2008 Members of the City Council Page 3 of3 Total Sales Transactions 15t Quar ter 2008 1 St Quar ter 2001 Percent Ch Geo ra hEC Areas 9 p Total Percent Total Percent an e of Total of Tota! -7.8% Park -North ofi Lincoln $306,069 20.7% $331,919 24.8% -3.2°/a Park -South of Lincoln $153,755 10.4% 158,881 11.9% 11.8°/o UVebster -North ofi Lincoln $94,524 6.4% $84,520 6.3% -9.1 % 1Nebster -South of Lincoln $26,269 1.8°/° $28,909 2.2% 292% Bridgeside Center $49,168 3.3% $12,550 0.9% 11.4% Alameda Towne Centre $217,040 14.6% $194,827 14.6°/° -2.1% Marina Village Shopping Center $38,405 2.6% $39,216 2.9°/° -1.2% Harbor Bay Landing $50,327 3.4% $50,933 3.8% 3.5% Marina Village Business Park $162,434 11.0% $156,894 11.7% 231.0°/a Harbor Bay Business Park $202,836 13.7°/° $61,279 4.6% -3.5°/o Alameda Point $39,413 2.7% $40,856 3.1% -24.6% All ether Areas $141,512 9.6% $178,146 13.3% 10.1% Total -Quarter $1,481,752 100.0% $1,338,930 100.0% BUDGE T CQNSIDERATIGNIFINANCIAL IM PACT At the end of the third quarter, sales tax revenues were $3,332,316 or66,4% of the $4.9 million projected for the 2007-2008 fiscal year. In comparison, in the prior fiscal year, sales tax revenues were $3,171,280 or 67.2°/0 of projections. Therefore, there is very little variation in percentage of sales tax receipts when comparing year over year. RECOMMENDATIGN Accept the Quarterly Sales Tax Report for the period ending March 31, 2008. Respectfully submitted, Ann Mari Ga Ian Interim Fi ancial Director by: Annette Brisco~ Financial Analyst AMG:df Attachment -Historical Gross Sales Tax Per Capita Comparison ALAMEDA Historical Gross Sales Tax Per Capita Comparison $160 $140 $120 $100 $80 $fi0 $40 Data Source: MuniServices, LLC City Council Attachment to Agenda Item #5-B 09.02-08 1998Q1 1999Q1 2000Q1 2001 Q1 2402Q1 2003Q1 2004Q1 200541 2006Q1 200TQ1 2008Q1 CITY OF ALAI~EDA Memorandum To: ~ Honorable Mayorand Members of the City Council From: Debra Kurita City Manager Date: September 2, 2008 Re: Discuss and Take a Position on Proposition 11, the California Voters FIRST Act BACKGROUND At the August 19, 2008, City Council meeting, the League of ~J1lomen Voters of Alameda ~LUVVA} gave a presentation in support of Proposition 11, the California Voters FIRST Act, and asked for the City Council's endorsement of the measure. If passed by the voters on November 4, Proposition 11 will restructure the way State Senate, State Assembly, and State Board of Equalization districts are drawn after each decennial national census. DISCUSSION Under current law, California legislators establish the boundaries for Assembly, Senate, Congressional, and Board of Equalization districts. This process is undertaken once a decade after the completion of the national census. Critics of the current system contend that it enables the Legislature to redraw district boundaries in order to protect incumbent officeholders and suppress minority representation in violation of the federal Voting Rights Act. Under Proposition 11, which was developed by California Common Cause, the League of V1Jomen Voters of California, and AARP, the redistricting process is intended to be open and transparent and respect existing city and county boundaries and communities of interest. if passed by the voters on November 4, the measure will establish a 14~ member independent citizen commission to redraw state legislative district lines. The Commission will include five Democrats, five Republicans, and four members not associated with either party. Members of the Commission will be chosen through a process that begins when the California State Auditor initiates an application process open to all registered voters. A three-person auditor panel will pick 60 of the most qualified applicants X20 Democrats, 20 Republicans, and 20 others} on the basis of relevant analytical skills, ability to be City Council Agenda Item #5-C a9-o~-os Honorable Mayor and September 2, 2008 Members of the City Council Page 2 of 2 impartial, and diversity. This group will be submitted to the legislative leadership, who can strike up to eight names from each group of 20. The Auditor will then randomly select eight commissioners from this group three Democrats, three Republicans, and two others}, and the eight commissioners will choose the final six two Democrats, two Republicans, and two others}, for a total of 14. Individuals with obvious conflicts of interest, including elected officials and their staff, will be excluded from serving on the Commission. At least nine members of the Commission three Democrats, three Republicans, and three others} must approve the fiinal district maps. If the Commission is unable to achieve the nine votes, then the Secretary of State will petition the California Supreme Courk to appoint a special master to finalize the maps. Proposition 11 is supporked by the League of vVomen Voters of California, AARP, California Common Cause, Governor Arnold Schwarzenegger, former State Controller Steve Utilestiy, former Governor Gray Davis, the California Chamber of Commerce, the California Police Chiefs Association, the Silicon Valley Leadership Group, and a variety of other organizations and individuals. The California Democratic Party, the American Federation of State, County and Municipal Employees, the California Labor Federation, the Mexican American Legal Defense and Education Fund, the National Association for the Advancement of Colored People, and a number of other organizations are opposed to Proposition 11. BUDGET CONSIDERATIONIFINANCIAL IMPACT Taking a position on Proposition 11 will have no direct impact on the City's budget. RECOMMENDATION Discuss and take a Position on Proposition 11, the California Voters FIRST Act. Respectfully submitted, CN-'~ Lisa Goldman Deputy City Manager CURRENT APPLICATIONS YOUTH C4MMISSI4N FIVE VACANCIES (FULL TERMS EXPIRING AUGUST 31, 2010) Lamant Carter, Incumbent Claire E. Forbes Kura N, Heath Bridget C. Kanady Naoise Lane Maggie Mei Mallory A. Penney Kaeleigh A. Thorp Re: Agenda Item #8~A 09.02.08