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2009-05-19 Packet~~~ ~ ~ :--; _,_..~ CITY OF ALAMEDA • CALIFORNIA ~. .. ~®~ ~~~ SPECIAL JOINT MEETING OF THE CITY COUNCIL, ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY (ARRA) AND COMMUNITY IMPROVEMENT COMMISSION (CIC) TUESDAY - - - MAY 19, 2009 - - - 6:45 P.M. Time: Tuesday, May 19, 2009, 6:45 p.m. Place: Ci Council Chambers Conference Room, City Hall, corner of Santa Clara Avenue and Oak Street Agenda: 1. Roll Call - City Council, ARRA, CIC 2. Public Comment on Agenda Items Only Anyone wishing to speak on agenda items only, may speak for a maximum of 3 minutes per item 3. Adjournment to Closed Session to consider: 3-A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (54956.8) Property: Alameda Point Negotiating parties: City Council/ARRA/CIC/SunCal Under negotiations: Price and terms 4. Announcement of Action Taken in Closed Session, if any 5. Adjournment - City Council, ARRA, CIC +r1 everly n, ayor Chair, d IC jam, d ~~~-~`, ~ CITY OF ALAMEDA • CALIFORNIA ~ ~~p~~~ 4 G3l•~44~ ANNUAL MEETING OF THE INDUSTRIAL DEVELOPMENT AUTHORITY TUESDAY - - - MAY 19, 2009 - - - 7:25 P.M. Location: Council Chambers, City Hall, corner of Santa Clara Avenue and Oak Street. Public Participation Anyone wishing to address the Authority on agenda items or business introduced by Authority may speak for a maximum of 3 minutes per agenda item when the subject is before the Authority. Please file a speaker's slip with the Deputy City Clerk if you wish to speak on an agenda item. PLEDGE OF ALLEGIANCE 1. ROLL CALL - Industrial Development Authority 2. MINUTES 2-A. Minutes of the Annual Industrial Development Authority Meeting of May 20, 2008. 3. ORAL COMMUNICATIONS (Public Comment) 4. AUTHORITY COMMUNICATIONS (Communications from Authority) 5. ADJOURNMENT - Industrial Development Authority ¢~-v c~~ ~~ °~ ~,~ ~-~ ~~,,,_ ~ CITY OF ALAMEDA • CALIFORNIA ~, \`rv~~a'4~ SPECIAL JOINT MEETING OF THE CITY COUNCIL AND COMMUNITY IMPROVEMENT COMMISSION (CIC) TUESDAY - - - MAY 19, 2009 - - - 7:27 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 on agenda items or business introduced by the Council/Commission may speak for a maximum of 3 minutes per agenda item when the subject is before the Council/Commission. Please file a speaker's slip with the Deputy City Clerk if you wish to speak. 1. ROLL CALL - City Council, CIC 2. CONSENT CALENDAR 2-A. Minutes of the Special Community Improvement Commission Meeting held on April 7, 2009, and the Special Joint City Council/Alameda Reuse and Redevelopment Authority/Community Improvement Commission Meeting held on April 14, 2009. (City Clerk) [CIC] 2-B. Adoption of Resolution Approving and Adopting the Report to the City Council on the Proposed Amendments to the Community Improvement Plans for the Business and Waterfront Improvement Project and the West End Community Improvement Project, Submitting the Report and Proposed Amendments to the City Council, and Consenting to and Requesting the City Council to Call a Joint Public Hearing on the Proposed Amendments; and • Adoption of Resolution Consenting to and Calling Joint Public Hearings on the Proposed Amendments to the Community Improvement Plans for the Business and Waterfront Improvement Project and the West End Community Improvement Project. (Development Services) [City Council/CIC] 3. AGENDA ITEMS None. 4. ADJOURNMENT - City Council, CIC w'1 B o o yor Chair, CI AGENDA Special Meeting of the Governing Body of the Alameda Reuse and Redevelopment Authority ******** Alameda City Hall Council Chamber, Room 390 2263 Santa Clara Avenue Alameda, CA 94501 1. ROLL CALL 2. CONSENT CALENDAR Tuesday, May 19, 2009 Meeting will begin at 7:29 p.m. 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 Board or a member of the public. 2-A. Approve the minutes of the Regular Meeting of April 1, 2009. 2-B. Authorize Negotiation and Execution of a Sublease Extension for General Services Administration at Alameda Point. 2-C. Accept the Interim Executive Director's Statement of Emergency Regarding Expenditures for the Fire at the Fleet Industrial Supply Center and Approve the Project Budget 3. ORAL COMMUNICATIONS, NON-AGENDA (PUBLIC COMMENT) (Any person may address the governing body in regard to any matter over which the governing body has jurisdiction that is not on the agenda.) 4. COMMUNICATIONS FROM THE GOVERNING BODY 5. ADJOURNMENT This meeting will be cablecast live on channel 15. Notes: ^ Sign language interpreters will be available on request. Please contact the ARRA Secretary at 749-5800 at least 72 hours before the meeting to request an interpreter. ^ Accessible seating for persons with disabilities (including those using wheelchairs) is available. ^ Minutes of the meeting are available in enlarged print. ^ Audio tapes of the meeting are available for review at the ARRA offices upon request. ia9C~1Y~7 CX,~% ,~~ ; ~ ~ ~"., ' I ~~ ~~~ t~ n q CITY OF ALAMEDA CALIFORNIA IF YOU WISH TO ADDRESS THE COUNCIL: 1. Please file a speaker's slip with the Deputy City Clerk and upon recognition by the Mayor, approach the podium and state your name; speakers are limited to three (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 - - - - - - MAY 19, 2009 - - - - 7:30 P.M. [Note: Regular Council Meeting convenes at 7:30 pm, City Hall, Council Chambers, corner of Santa Clara Ave and Oak St] The Order of Business 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. City Manager Communications 6. Agenda Items 7. Oral Communications, Non-Agenda (Public Comment) 8. Council Referrals 9. Communications (Communications from Council) 10. Adjournment Public Participation Anyone wishing to address the Council on agenda items or business introduced by Councilmembers may speak for a maximum of 3 minutes per agenda item when the subject is before Council. Please file a speaker's slip with the Deputy City Clerk if you wish to address the City Council SPECIAL JOINT MEETING OF THE CITY COUNCIL, ALAMEDA 7:00 P.M. REUSE AND REDEVELOPMENT AUTHORITY, AND COMMUNITY IMPROVEMENT COMMISSION (CIC), CITY COUNCIL CHAMBERS CONFERENCE ROOM Separate Agenda (Closed Session) ANNUAL MEETING OF THE INDUSTRIAL DEVELOPMENT 7:25 P.M. AUTHORITY, CITY COUNCIL CHAMBERS - Separate Agenda SPECIAL JOINT MEETING OF THE CITY COUNCIL AND CIC 7:27 P.M. CITY COUNCIL CHAMBERS - Separate Agenda SPECIAL MEETING OF THE ALAMEDA REUSE AND 7:29 P.M. REDEVELOPMENT AUTHORITY, COUNCIL CHAMBERS - Separate Agenda 1. ROLL CALL - City Council 2. AGENDA CHANGES 3. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS 3-A. Presentation on Water Emergency Transit Authority Transition Plan and Emergency Management Plan. (Public Works) 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 and Special City Council Meetings held on May 5, 2009. (City Clerk) 4-B. Bills for ratification. (Finance) 4-C. Recommendation to accept Quarterly Sales Tax Report for the period ending December 31, 2008. (Finance) 4-D. Recommendation to accept Quarterly Treasury Report for the period ending March 31, 2009. (Finance) 4-E. Recommendation to set June 2, 2009, for Public Hearing to consider collection of delinquent business license fees. (Finance) 4-F. Recommendation to set the Public Hearing for delinquent integrated Waste Management charges for June 16, 2009. (Public Works) 4-G. Adoption of Resolution to Preliminarily Approve the Annual Report Declaring the City's Intention to Order the Levy and Collection of Assessments and Providing for Notice of Public Hearing on June 16, 2009 - Island City Landscaping and Light District 84-2. (Public Works) 4-H. Adoption of Resolution to Preliminarily Approve the Annual Report Declaring the City's Intention to Order the Levy and Collection of Assessments and Providing for Notice of Public Hearing on June 16, 2009 - Maintenance Assessment District 01- 01 (Marina Cove). (Public Works) 4-I. Adoption of Resolution Authorizing the Interim City Manager to Apply for a Permit from Dredged Material Management Office and Other Necessary Agencies for Dredging of the Harbor Bay Ferry Channel; • Adoption of Resolution Authorizing CLE Engineering, Inc. of Novato, California to Represent the City of Alameda on All Matters Pertaining to Dredged Material Management Office Dredging Permit Applications; and • Adoption of Resolution Adopting California Environmental Quality Act Class 4 Categorical Exemption (15304 (G)) with Alameda County of the Upcoming Dredging Episode. (Public Works) 4-J. Adoption of Resolution Authorizing the Interim City Manager or Designee to Apply for a State Water Resources Control Board Loan in the Amount of $3,546,000 and Execute All Associated Agreements, and Identify the Sewer Fund as the Source of Revenue for Repayment of the Loan. (Public Works) 4-K. Adoption of Resolution Approving Amendment No. 1 to the Long- Term Power Purchase Agreement between Iberdrola Renewables, Inc. and Alameda Municipal Power. (Alameda Municipal Power) 4-L. Adoption of Resolution of Intention to Levy an Annual Assessment on the Alameda Business Improvement Area of the City of Alameda for Fiscal Year 2009-10 and Set a Public Hearing for June 2, 2009. (Development Services) 5. CITY MANAGER COMMUNICATIONS (Communications from City Manager) 5-A. Financial "State of the City" 6. REGULAR AGENDA ITEMS 6-A. Public Hearing to consider introduction of an Ordinance Amending the Alameda Municipal Code by Adding Section 30-60 (Bay-Friendly Landscaping Requirements for New City Landscaping Projects, City Renovation Projects, and Public- Private Partnership Projects) to Article IV (Water: Conservation Landscaping) of Chapter XXX (Development Regulations). (Planning and Building) 6-B. Appeal of December 17, 2008 Finance Director Decision and March 9, 2009 Bureau of Licenses Decision to revoke the Business License of the "Purple Elephant" located at 1537 Webster Street, Suite B, Alameda. (Finance) 6-C. Adoption of Resolution Authorizing the Interim City Manager to Apply for Regional Measure 1 Bridge Toll Funds, Including Five Percent Unrestricted State Funds and Two Percent Bridge Toll Reserve Funds for the Operating Subsidy and Capital Projects for the City of Alameda Ferry Services, and to Enter into All Agreements Necessary to Secure These Funds for Fiscal Year 2009-10; i. Recommendation to authorize the Interim City Manager to execute a fourth amendment to the amended and restated Ferry Services Agreement with the Port of Oakland to extend the term for one additional year at a cost of $70, 649; ii. Recommendation to authorize the Interim City Manager to execute a one-year extension of the Sixth Amended and Restated Operating Agreement for the Alameda Harbor Bay Ferry and adopt associated budgets; and iii. Recommendation to authorize the Interim City Manager to execute an amendment to the Agreement to extend the term for one additional year of the Blue & Gold Fleet Operating Agreement with the Alameda/Oakland Ferry Service and adopted associated budgets. (Public Works) 7. 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 8. COUNCIL REFERRALS Matters placed on the agenda by a Councilmember may be acted upon or scheduled as a future agenda item 9. COUNCIL COMMUNICATIONS (Communications from Council) Councilmembers can address any matter, including reporting on any Conferences or meetings attended 10. 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 UNAPPROVED MINUTES OF THE ANNUAL INDUSTRIAL DEVELOPMENT AUTHORITY MEETING TUESDAY- -MAY 20, 2008- -7:25 P.M. Chair Johnson convened the Annual Meeting at 7:50 p.m. Board Member Matarrese led the Pledge of Allegiance. ROLL CALL - Present: Board Members deHaan, Gilmore, Matarrese, Tam, and Chair Johnson - 5. Absent: None. MTTTTT'T~'C Minutes of the Annual Industrial Development Authority Meeting of May 15, 2007. Board Member Tam moved approval of the minutes. Board Member Matarrese seconded the motion, which carried by unanimous voice vote - 5. ORAL COMMUNICATIONS None. AUTHORITY COMMUNICATIONS Board Member deHaan inquired what is the jurisdiction of the Industrial Development Authority. The Finance Director responded the Authority was formed for the issuance of particular types of financing opportunities; stated the Authority is not used very often anymore because there has not been a tendency for pass through financing. Board Member deHaan stated the Authority has not been used in years. The Finance Director stated financing has not been issued through the Authority for fifteen or twenty years. Board Member deHaan inquired whether financing is set up at the State level. The Finance Director responded cities are allowed to do pass through financing by State law; stated bonds can be issued on behalf of another corporation in order to have access to tax exempt Annual Meeting Industrial Development Authority 1 May 20, 2008 financing for development purposes. Board Member deHaan stated there appears to be some need for use. The Finance Director stated there is always a potential need. ADJOURNMENT There being no further business, Chair Johnson adjourned the Annual Meeting at 7:54 p.m. Respectfully submitted, Lara Weisiger Secretary The agenda for this meeting was posted in accordance with the Brown Act. Annual Meeting Industrial Development Authority 2 May 20, 2008 UNAPPROVED MINUTES OF THE SPECIAL COMMUNITY IMPROVEMENT COMMISSION MEETING TUESDAY- -APRIL 7, 2009- -7:27 P.M. Chair Johnson adjourned the Special Meeting at 7:41 p.m. ROLL CALL - Present: Commissioners deHaan, Gilmore, Matarrese, Tam, and Chair Johnson - 5. Absent: None. MINUTES (09- ) Minutes of the Special Joint City Council and CIC Meeting held on March 17, 2009. Approved. Commissioner deHaan moved approval of the minutes. Commissioner Tam seconded the motion, which carried by unanimous voice vote - 5. AGENDA ITEMS None. ADJOURNMENT There being no further business, Chair Johnson adjourned the Special Meeting at 7:42 p.m. Respectfully submitted, Lora Weisiger Secretary The agenda for this meeting was posted in accordance with the Brown Act. Special Meeting Community Improvement Commission April 7, 2009 UNAPPROVED SPECIAL JOINT CITY COUNCIL, ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY (ARRA) AND COMMUNITY IMPROVEMENT COMMISSION (CIC) MEETING TUESDAY- -APRIL 14, 2009- -6:00 P.M. Mayor/Chair Johnson convened the Special Meeting at 6:15 p.m. ROLL CALL - Present: Councilmembers/Board Members/Commissioners deHaan, Gilmore, Matarrese, Tam and Mayor/Chair Johnson - 5. [Note: Councilmember/Board Member/Commissioner Matarrese was present via teleconference from Hilton Cologne, Marzellenstrasse 13-17, Cologne DE] Absent: None. The Special Meeting was adjourned to Closed Session to consider: (09- CC/09- CIC) Conference with Legal Counsel - Existing Litigation (54956.9); Name of Case: Altes v. City of Alameda and Community Improvement Commission. (09- CC/ARRA/09- CIC) Conference with Real Property Negotiators (54956.8); Property: Alameda Point; Negotiating parties: City Council/ARRA/CIC/SunCal; Under negotiations: Price and terms. Following the Closed Session, the Special Joint Meeting was reconvened and Mayor/Chair Johnson announced that regarding Existing Litigation, the Council/Commission approved a settlement agreement; the settlement of $540,000 is full settlement of all matters in dispute, inclusive of attorney's fees and costs; a copy of the settlement agreement is available for review in the City Clerk's office; regarding Real Property, the Council/Board/Commission received a briefing from its Real Property Negotiator and provided direction for negotiating parameters.. Adjournment There being no further business, Mayor/Chair Johnson adjourned the Special Joint Meeting at 7:50 p.m. Respectfully submitted, Lara Weisiger, City Clerk Secretary, Community Improvement Commission Agenda for meeting was posted in accordance with the Brown Act. Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission April 19, 2009 CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council Honorable Chair and Members of the Community Improvement Commission From: Ann Marie Gallant Interim City Manager/Executive Director Date: May 19, 2009 Re: Adopt a Resolution Approving and Adopting the Report to the City Council on the Proposed Amendments to the Community Improvement Plans for the Business and Waterfront Improvement Project and the West End Community Improvement Project, Submitting the Report and Proposed Amendments to the City Council, and Consenting to and Requesting the City Council to Call a Joint Public Hearing on the Proposed Amendments [Community Improvement Commission] Adopt a Resolution Consenting to and Calling a Joint Public Hearing on the Proposed Amendments to the Community Improvement Plans for the Business and Waterfront Improvement Project and the West End Community Improvement Project [City Council] BACKGROUND On March 3, 2009, the Community Improvement Commission (CIC) adopted Resolution No. 08-158, referring the proposed Ninth Amendment to the Community Improvement Plan for the Business and Waterfront Community Improvement Project ("BWIP Plan") and the proposed Seventh Amendment to the Community Improvement Plan for the West End Community Improvement Project ("WECIP Plan") to the Economic Development Commission (EDC) for review and consideration and to the Planning Board for its report and recommendation. Hereinafter, the Ninth Amendment to the BWIP Plan and the Seventh Amendment to the WECIP Plan are collectively referred to as the "proposed amendments". The EDC endorsed the proposed amendments on March 19, 2009. The Planning Board recommended approval and adoption of the proposed amendments on April 27, 2009. (A copy of Planning Board Resolution No. PB-09-05 is provided as Exhibit A to Attachment 1, Report to the City Council on the Proposed Amendments ("Report to Council"). The proposed amendments are provided as Attachments 2 and 3.) CC/CIC Report Re: Agenda Item #2-B 05-19-09 Honorable Mayor and May 19, 2009 Members of the City Council Page 2 of 4 Honorable Chair and Members of the Community Improvement Commission The purpose of the proposed amendments is to make certain technical amendments to the BWIP and WECIP Plans in order to clarify that the combined tax increment dollar amount limit contained in the BWIP and WECIP Plans, which applies to all plans and amendments adopted prior to January 1, 1994, is applicable to the original BWIP and WECIP areas, but does not apply to the Exchange Property that was added to the BWIP Plan in 2003. This is consistent with the provisions of the Community Redevelopment Law (Health and Safety Code Section 33000, et seq.). DISCUSSION Pursuant to Section 33457.1 of the Community Redevelopment Law, prior to a public hearing on the proposed amendments, the Commission must submit a report to the City Council in accordance with Section 33352 of the Community Redevelopment Law, to the extent warranted by the proposed amendments, and the report to the City Council must be made available to the public. The next steps the CIC must take to proceed with the process for adopting the proposed amendments are: (1) to submit a report to the City Council on the proposed amendments; and (2) to consent to the City Council calling a joint public hearing of the CIC and City Council on the proposed amendments. Prior to the City Council adopting an ordinance approving the proposed amendments, the CIC and City Council must hold a public hearing on the proposed amendments. Instead of the CIC and City Council each conducting its own separate hearing, Section 33458 of the Community Redevelopment Law authorizes the CIC and City Council to hold a ioint public hearing, with both the CIC's and City Council's consent. Staff is requesting the City Council to consent to and call the joint public hearing on the proposed amendments for July 7, 2009. FINANCIAL IMPACT The cost of this action includes administrative and legal preparation, mailing and publication, and is budgeted in the FY 2008/09 Development Services Department's budget. The mailing is estimated at $1,400. All property owners, businesses, and residents in the project areas are required to be noticed. MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE This is one of the steps in the process of approval of the proposed amendments to the BWIP and WECIP Plans. The proposed amendments are for technical clarification purposes only, which will assist in meeting the goals of the CIC's Business and Waterfront and West End Community Improvement Plans. Honorable Mayor and May 19, 2009 Members of the City Council Page 3 of 4 Honorable Chair and Members of the Community Improvement Commission ENVIRONMENTAL REVIEW The proposed amendments make only technical clarifications to the BWIP and WECIP Plans and will not result in a direct or reasonably foreseeable indirect physical change in the environment. Therefore, they are exempt from the California Environmental Quality Act. RECOMMENDATION Adopt a resolution approving and adopting the report to the City Council on the proposed amendments to the Community Improvement Plans for the Business and Waterfront Improvement Project and the West End Community Improvement Project, submitting the report and proposed amendments to the City Council, and consenting to and requesting the City Council to call a joint public hearing on the proposed amendments [Community Improvement Commission]. Adopt a resolution consenting to and calling a joint public hearing on the proposed amendments to the Community Improvement Plans for the Business and Waterfront Improvement Project and the West End Community Improvement Project [City Council]. Respe tf submitted, L slie ittle ' Development Services Director Approved as to funds and account, Glen a Interi in ce Director a~ S~d~ Dorene E. Soto Manager, Business Development Divsion By: - ~ .= ,= Jamila Jac "~ on Develop nt Manager, Housing ES/JJ:rv Honorable Mayor and May 19, 2009 Members of the City Council Page 4 of 4 Honorable Chair and Members of the Community Improvement Commission Attachments: Report to City Council 2. Ninth Amendment to the Community Improvement Plan for the Business and Waterfront Improvement Project 3. Seventh Amendment to the Community Improvement Plan for the West End Community Improvement Project REPORT TO THE CITY COUNCIL ON THE PROPOSED AMENDMENTS TO THE COMMUNITY IMPROVEMENT PLANS FOR THE BUSINESS AND WATERFRONT IMPROVEMENT PROJECT AND THE WEST END COMMUNITY IMPROVEMENT PROJECT A. INTRODUCTION The Community Improvement Plan for the Business and Waterfront Improvement Project was adopted by the City Council of the City of Alameda ("City Council") by Ordinance No. 2559 on June 18, 1991, as amended by Ordinance No. 2681 on December 6, 1994, Ordinance No. 2835 on June 6, 2000, Ordinance No. 2844 on September 19, 2000, Ordinance No. 2857 on April 17, 2001, Ordinance No. 2896 on April 1, 2003, Ordinance No. 2910 on November 4, 2003, Ordinance No. 2956 on January 2, 2006 and Ordinance No. 2963 on February 20, 2007 ("BWIl' Plan"). The Community Improvement Plan for the West End Community Improvement Project Area was adopted by the City Council by Ordinance No. 2141 on July 5, 1983, as amended by Ordinance No. 2222 on January 2, 1985, Ordinance No. 2682 on December 6, 1994, Ordinance No. 2889 on November 19, 2002, Ordinance No. 2897 on April 1, 2003, Ordinance No. 2910 on November 4, 2003 and Ordinance No. 2970 on August 21, 2007 ("WECII' Plan"). The Community Improvement Commission of the City of Alameda (the "Commission") is proposing a Ninth Amendment to the BWIP Plan (the "BWIP Amendment") and a Seventh Amendment to the WECIP Plan ("WECIP Amendment") in order to make technical changes to clarify an ambiguity in the tax increment dollar amount limit language added to both the BWIP Plan by the Fifth Amendment adopted by Ordinance No. 2896 on April 1, 2003, and to the WECIP Plan by the Fourth Amendment adopted by Ordinance No. 2897 on April 1, 2003. Collectively, hereinafter the BWIP Amendment and the WECIP Amendment are referred to as the "Proposed Amendments." The Commission has prepared this Report to the City Council (the "Report") on the Proposed Amendments in accordance with Section 33457.1 of the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq., "CRL"). Section 33457.1 provides that the Report to the City Council shall contain the information required by Section 33352 of the CRL "to the extent warranted by the proposed amendment." Given that the Proposed Amendments are only technical amendments to clarify an ambiguity in the tax increment dollar amount limit language, and do not increase, decrease or otherwise change the existing tax increment dollar amount limit, below is a summary of each of the subsection requirements under CRL Section 33352 and its applicability to the Proposed Amendments: Subsection (a). The reasons for selection of the project area, description of the specific projects proposed by the agency and a description of how these projects will CC/CIC Attachment 1 to Report Re: Agenda Item #2-B 05-19-09 improve or alleviate the conditions described in subsection (b) (the blight conditions). The Proposed Amendments do not change the boundaries of the existing project area of the BWIP Plan or WECIP Plan or the projects authorized under the BWIP Plan or WECIP Plan, therefore, this requirement is not applicable. Reasons for the Proposed Amendments are set forth in Section B of this Report. Subsection (b). A description of the physical and economic conditions that cause the project area to be blighted. The Proposed Amendments do not change the boundaries of the existing BWIP and WECIP project areas and these project areas have previously been determined to be blighted, therefore, this requirement is not applicable. Subsection (c). An implementation plan that describes specific goals and objectives of the Commission, specific projects and a program of actions and expenditures. There is an existing Implementation Plan for the BWIP and WECIP Plans and the Proposed Amendments do not change the goals, objectives, projects or the program of actions and expenditures described in the existing Implementation Plan, therefore, this requirement is not applicable. Subsections (d) and (e). An explanation of why the elimination of blight and redevelopment of the project area cannot reasonably be expected to be accomplished by private enterprise acting alone or by the use of financing alternatives other than tax increment financing, and the proposed method of financing redevelopment of the project area in order to determine the economic feasibility of the plan. The explanation required by subsection (d) and the method of financing and economic feasibility required by subsection (e) were included in the reports to the City Council prepared in connection with adoption of the BW1P and WECIP Plans and the subsequent applicable amendments to the BWIP and WECIP Plans. Since the Proposed Amendments do not change the existing boundaries of the BWIP and WECIP Project Areas or the existing methods of financing the BWIP and WECIP Projects, this requirement is not applicable. Subsection (f). A method or plan for the relocation of families and persons from housing facilities. Since the Proposed Amendments will not result in the displacement of families and persons from housing facilities in the BWIP and WECIP Project Areas and there is an existing general method or plan for the relocation of families and persons which was Page 2 prepared at the time of adoption of the BWIP and WECIP Plans and applicable amendments thereto, this requirement is not applicable. Subsection (~). Analysis of Preliminary Plan. The Proposed Amendments did not require any changes to the existing Preliminary Plan; therefore, this requirement is not applicable. Subsection (h). The report and recommendations of the Planning Commission. The Planning Board must make a report on the conformity of the Proposed Amendments with the City of Alameda's General Plan and may recommend for or against the Proposed Amendments. This requirement is applicable to the Proposed Amendments and is addressed in Section C of this Report. Subsection (i). Summary referred to in Section 33387 of the CRL. This summary requires the minutes of any project area committee meetings and a record of all information presented to a project area committee. There are no existing project area committees for the BWIP and WECIP Projects and the Proposed Amendments will not result in the displacement of residents, therefore, project area committees were not required and were not formed. The Planning Board held a public hearing on the Proposed Amendments on April 13, 2009 and the City Council and Commission are scheduled to hold a joint public hearing on the Proposed Amendments on June 16, 2009. Subsection (j). The report required by Government Code Section 65402. The Government Code Section 65402 report requires a finding of conformity between the General Plan and certain actions by the public entity. Because the Proposed Amendments will not result in the acquisition or disposition of any real property, a street being vacated or abandoned, or public building or structure constructed or authorized, this requirement is not applicable. Subsection (k). The report required by Public Resources Code Section 21151. The Public Resources Code Section 21151 report pertains to environmental review. The Proposed Amendments only make technical clarifications to language contained in the previously adopted Fifth Amendment to the BWIP Plan and Fourth Amendment to the WECIP Plan and a Mitigated Negative Declaration for the Fifth Amendment to the BWIP Plan and Fourth Amendment to the WECIP Plan was prepared by the Commission and approved by Commission Resolution 03-107 adopted on March 18, 2003, and City Council Resolution 13566 adopted on March 18, 2003. The Proposed Amendments will not result in a direct or reasonably foreseeable indirect physical change in the environment, therefore, it is not a "project" under the California Page 3 Environmental Quality Act and the report required by Public Resources Code Section 21151 is not applicable to the Proposed Amendments. Subsection (1). County Fiscal Officer's Report required by Section 33328 of the CRL. The County Fiscal Officer's Report was prepared at the time of adoption of the BWIP and WECIP Plans, and applicable amendments thereto. Since the Proposed Amendments do not add any area to the BWIP or WECIP Project Areas or make any changes to the financing of the BWIP or WECIP Projects, this requirement is not applicable. Subsection (m). A neighborhood impact report which describes, as applicable, the impact of the proposed amendment upon the residents of the project area and the surrounding areas in terms of relocation, traffic circulation, environmental quality, availability of community facilities and services, effect on school population and quality of education, property assessments and taxes, and other matters affecting the physical and social quality of the neighborhood. A neighborhood impact report was prepared at the time of adoption of the BWIP and WECII' Plans, and applicable amendments thereto. Since the Proposed Amendments do not make any changes in terms of relocation, traffic circulation, environmental quality, availability of community facilities and services, effect on school population and quality of education, property assessments and taxes or any other matters affecting the physical and social quality of the neighborhood, this requirement is not applicable. Subsection (n). Analysis of County Fiscal Officer Report and summary of consultations with affected taxing entities, as required by Section 33328 of the CRL. As explained under subsection (1) above, because the Proposed Amendments do not change the existing boundaries and do not make any changes to the financing of the BWIP and WECIP Projects, the County Fiscal Officer's Report is not required, therefore, the analysis and consultation required under Section 33328 are also not applicable. The governing bodies of affected taxing entities will receive notice of the joint public hearing of the Commission and City Council on the Proposed Amendments in accordance with Section 33452(d) of the CRL. In addition, the Commission will send copies of this Report to the affected taxing entities and solicit any questions or comments from them. Page 4 B. REASONS FOR AMENDING THE BWIP AND WECIP PLANS The reason for the Proposed Amendments is to clarify that the existing combined tax increment dollar amount limit, which was added by the Fifth Amendment to the BWIP Plan and the Fourth Amendment to the WECIl' Plan (collectively, the "Prior Amendments") and is contained in both the BWIP and WECIP Plans, does not apply to the area added to the BWIl' Plan by the Fifth Amendment identified as the "Exchange Property." Pursuant to Section 33333.4 (a)(1) and (g)(1) of the Community Redevelopment Law, redevelopment plans and plan amendments adding area adopted prior to January 1, 1994, are required to have a tax increment dollar amount limit. After January 1, 1994, all redevelopment plans and plan amendments adding area were no longer required to have this limit, as certain tax increment time limits were required instead. The WECIP and BWIP were each originally adopted prior to January 1, 1994 and, therefore, were required to have the tax increment dollar limit. Since the Fifth Amendment to the BWIP Plan adding the Exchange Area was adopted after January 1, 1994, the tax increment dollar amount limit requirement is not applicable to the Exchange Area. The Prior Amendments merged the BWIP and WECIP Project Areas and combined the two existing tax increment dollar amount limits for the BWIP and WECIP Plans together to provide for a total tax increment dollar amount limit for the Merged WECIPlBWIP Project Area. The Prior Amendments did not increase or decrease the pre-existing limits; they merely combined them. Because the combined tax increment dollar amount limit language added by the Prior Amendments and contained in the BWIP and WECIP Plans is ambiguous as to whether this combined limit is meant to apply to the Exchange Area, the Proposed Amendments will clarify that the combined tax increment dollar amount limit pertains to the WECIP and the "Original Project Area" of the BWIP but not to the Exchange Property. The "Original Project Area" of the BWIP means all areas of the BWIP in existence prior to January 1, 1994. This technical clarification is consistent with the intent of the Prior Amendments and the provisions of Sections 33333.4 (a)(1) and (g)(1) of the Community Redevelopment Law (Health and Safety Code Section 33000, et seq.). C. REPORT AND RECOMMENDATIONS OF THE PLANNING BOARD The Proposed Amendments were submitted to the Planning Board of the City of Alameda for its recommendation and report on the conformity of the Proposed Amendments to the City's General Plan as required by Section 33453 of the Community Redevelopment Law. The Planning Board's report and recommendation on the Proposed Amendments is contained in Planning Board Resolution No. PB-09-OS adopted on April 27, 2009, attached to this Report as Exhibit A. Page S EXHIBIT A CITY OF ALAMEDA PLANNING BOARD RESOLUTION NO. PB-09-05 RESOLUTION OF THE PLANNING BOARD OF THE CITY OF ALAMEDA MAKING ITS REPORT AND RECOMMENDATION ON ADOPTION OF THE PROPOSED AMENDMENTS TO THE COMMUNITY IMPROVEMENT PLANS FOR THE BUSINESS AND WATERFRONT IMPROVEMENT PROJECT AND THE WEST END COMMUNITY IMPROVEMENT PROJECT WHEREAS, the City of Alameda ("City") adopted a Fifth Amendment to the Community Improvement Plan for the Business and Waterfront Improvement Project on April 1, 2003 by Ordinance No. 2896 ("BWIP Fifth Amendment"), and a Fourth Amendment to the Community Improvement Plan for the West End Community Improvement Project on April 1, 2003, by Ordinance No. 2897 ("VVECIP Fourth Amendment"); and WHEREAS, the Community Improvement Commission of the City of Alameda (the "Commission") has submitted to the Planning Board of the City of Alameda (the "Planning Board") revisions to the Community Improvement Plan for the Business and Watertront Improvement Project ("BWIP Plan") and the Community Improvement Plan for the West End Community Improvement Project ("V1/ECIP Plan") which make technical clarifications to certain language that was contained in the BWIP Fifth Amendment and WECIP Fourth Amendment, ("Proposed Amendments"); and WHEREAS, Sections 33453 and 33458 of the Community Redevelopment Law (Health and Safety Code Section 33000 et seq.) provide that the Planning Board is to review proposed amendments and make its report and recommendation thereon to the City Council of the City of Alameda (the "City Council"); and WHEREAS, the General Plan of the City of Alameda has been prepared and adopted in compliance with the Planning and Zoning Law (Government Code Section 65300 et seq.); and WHEREAS, the Planning Board has considered the Proposed Amendments, the General Plan of the City, and other pertinent reports; NOW, THEREFORE, THE PLANNING BOARD OF THE CITY OF ALAMEDA DOES RESOLVE AS FOLLOWS: Section 1. Findin s: The Planning Board hereby finds and determines that: a. Pursuant to Section 33453 of the Community Redevelopment Law, the Proposed Amendments conform to the General Plan of the City of Alameda; this finding is based on the fact that the Proposed Amendments do not change the BWIP Plan or WECIP Plan and do not authorize any additional activities to be undertaken under said Plans and therefore the Planning Board's findings of conformity to the General Plan of the City of Alameda made by Planning Board Resolution No. PB 03-04 adopted on January 13, 2003, apply to the Plans, as amended by the Proposed Amendments. Section 2. Report and Recommendation: The Planning Board hereby reports to the Commission and the City Council of the City of Alameda the findings referred to in Section 1 hereof, and recommends the approval and adoption of the Proposed Amendments in their present form. Section 3. Transmittal: The Planning Director shall transmit a certified true and correct copy of this Resolution to the Commission and the City Council of the City of Alameda for consideration as part of the Commission's Report to the City Council regarding the Proposed Amendments, and this Resolution shall be deemed the report and recommendation of the Planning Board concerning the Proposed Amendments. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Planning Board of the City of Alameda during the Regular Meeting of the Planning Board on the 27th day of April, 2009, by the following vote to wit: AYES: (7) Kohlstrand, Ezzy Ashcraft, Autorino ,Cook, Cunningham, Lynch, McNamara. NOES: (0) ABSENT: (0) ATTEST: r A ew Thomas, Secre ary City of Alameda Planning Board ********** NINTH AMENDMENT TO THE COMMUNITY IMPROVEMENT PLAN FOR THE BUSINESS AND WATERFRONT IMPROVEMENT PROJECT The Community Improvement Plan for the Business and Waterfront Improvement Project (the "Plan") originally adopted June 18, 1991, by Ordinance No. 2559, and amended on December 6, 1994, by Ordinance No. 2681; June 6, 2000, by Ordinance No. 2835; September 19, 2000, by Ordinance No. 2844; April 17, 2001, by Ordinance No. 2857; April 1, 2003, by Ordinance No. 2896; November 4, 2003, by Ordinance No. 2910; January 2, 2006, by Ordinance No. 2956; and February 20, 2007, by Ordinance No. 2963, is hereby further amended as follows: 1. The second to the last paragraph of Section 502 of the Plan is hereby revised to read as follows: "Notwithstanding any other provision of this Section 502 to the contrary, as of May 1, 2003 (the effective dates of Ordinance No. 2896 adopting the Fifth Amendment to this Plan, and Ordinance No. 2897 adopting the Fourth Amendment to the Community Improvement Plan of the West End Community Improvement Project Area, which ordinances, among other things, merged the Business and Waterfront and West End Community Improvement Project Areas), the number of dollars of taxes which may be divided and allocated to the Commission from the Original Project Area of this Plan and from the West End Community Improvement Project Area for the Merged WECIP/BWIP Project Area (defined below) will be Six Hundred Ninety-One Million Dollars ($691,000,000), the total combined tax increment limits for the Original Project Area of the Business and Waterfront Improvement Project and the West End Community Improvement Project Area." 2. Except, as amended in paragraph 1 above, all other provisions of the Plan remain in effect, it being understood that the purpose of this Ninth Amendment is only to clarify a technical ambiguity in the Plan, as it was amended by the Fifth Amendment to the Plan. The Fifth Amendment to the Plan, among other things, merged the Business and Waterfront and West End Community Improvement Project Areas and added area known as the Exchange Area to the Business and Waterfront Improvement Project Area. Because the Exchange Area was added after January 1, 1994, it is not subject to a tax increment dollar limit pursuant to Section 33333.4(a)(1) and (g)(1) of the California Health and Safety Code. CC/CIC Attachment 2 to Report Re: Agenda Item #2-B 05-19-09 SEVENTH AMENDMENT TO THE COMMUNITY IMPROVEMENT PLAN FOR THE WEST END COMMUNITY IMPROVEMENT PROJECT The Community Improvement Plan for the West End Community Improvement Project (the "Plan") originally adopted July 5, 1983, by Ordinance No. 2141, and amended on January 2, 1985, by Ordinance No. 2222; December 6, 1994, by Ordinance No. 2682; November 19, 2002, by Ordinance No. 2889; April 1, 2003, by Ordinance No. 2897; November 4, 2003, by Ordinance No. 2910; and August 21, 2007, by Ordinance No. 2970, is hereby further amended as follows: 1. The second to the last paragraph of Section VIII.B. of the Plan is hereby revised to read as follows: "Notwithstanding any other provision of this Section B to the contrary, as of May 1, 2003 (the effective dates of Ordinance No. 2896 adopting the Fifth Amendment to the Community Improvement Plan for the Business and Waterfront Improvement Project ("BWIP Plan"), and Ordinance No. 2897 adopting the Fourth Amendment to this Plan, which ordinances, among other things, merged the Business and Waterfront and West End Community Improvement Project Areas), the number of dollars of taxes which may be divided and allocated to the Commission from the West End Community Improvement Project Area pursuant to this Plan and the Original Project Area of the BWIl' Plan (as defined in Section 200 of the BWIP Plan) for the Merged WECIP/BWIP Project Area (defined below) will be Six Hundred Ninety-One Million Dollars ($691,000,000), the total combined tax increment limits for the West End Community Improvement Project Area and the Original Project Area of the Business and Waterfront Improvement Project." 2. Except, as amended in paragraph 1 above, all other provisions of the Plan remain in effect, it being understood that the purpose of this Seventh Amendment is only to clarify a technical ambiguity in the Plan, as it was amended by the Fourth Amendment to the Plan. The Fourth Amendment to the Plan, among other things, merged the Business and Waterfront and West End Community Improvement Project Areas. However, the Fifth Amendment to the BWIP Plan also added area known as the Exchange Area to the Business and Waterfront Improvement Project Area. Because the Exchange Area was added after January 1, 1994, it is not subject to a tax increment dollar limit pursuant to Section 33333.4(a)(1) and (g)(1) of the California Health and Safety Code. CC/CIC Attachment 3 to Report Re: Agenda Item #2-B 05-7 9-09 COMMISSION RESOLUTION NO. w ~. ADOPT RESOLUTION APPROVING AND ADOPTING THE REPORT TO THE CITY COUNCIL ON THE PROPOSED AMENDMENTS TO THE COMMUNITY IMPROVEMENT PLANS FOR THE BUSINESS AND WATERFRONT IMPROVEMENT PROJECT AND THE WEST END COMMUNITY IMPROVEMENT PROJECT, SUBMITTING THE REPORT AND PROPOSED AMENDMENTS TO THE CITY COUNCIL, AND CONSENTING TO AND REQUESTING THE CITY COUNCIL TO CALL A JOINT PUBLIC HEARING ON THE PROPOSED AMENDMENTS WHEREAS, the Community Improvement Commission of the City of Alameda (the "Commission") has prepared a proposed Ninth Amendment to the Community Improvement Plan for the Business and Waterfront Improvement Project and a proposed Seventh Amendment to the Community Improvement Plan for the West End Community Improvement Project (the "Proposed Amendments"); and WHEREAS, the Agency has submitted the Proposed Amendments to the Planning Board of the City of Alameda ("Planning Board") for its report and recommendations, and the Planning Board, by Resolution No. PB-09-05 adopted on April 27, 2009, reviewed and recommended approval and adoption of the Proposed Amendments; and WHEREAS, pursuant to Sections 33457.1 and 33352 of the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.), the Commission has prepared a Report to the City Council on the Proposed Amendments; and WHEREAS, Section 33458 of the Health and Safety Code authorizes a joint public hearing on the Proposed Amendments with the consent of the Commission and the City Council of the City of Alameda (the "City Council"); NOW, THEREFORE, THE COMMUNITY IMPROVEMENT COMMISSION OF THE CITY OF ALAMEDA DOES RESOLVE AS FOLLOWS: Section 1. The Commission hereby approves and adopts the Report to the City Council on the Proposed Amendments, and hereby submits said Report and the Proposed Amendments, to the City Council. Resolutions #2-B Joint CC CIC Meeting 05-19-09 Section 2. The Commission hereby consents to a joint public hearing on the Proposed Amendments and requests the City Council to call a joint public hearing of the Commission and the City Council on July 7, 2009, at approximately 7:30 p.m., in the City Council Chambers to consider and act upon the Proposed Amendments and all documents and evidence pertaining thereto. Section 3. The Secretary of the Commission shall, in cooperation with the City Clerk of the City of Alameda, prepare, publish and mail such notices and documents and do all other acts as may be necessary to carry out the purposes of this resolution. ****** I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Community Improvement Commission of the City of Alameda in a Special Community Improvement Commission meeting assembled on the 19th day of May, 2009, by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said Commission this 20th day of May, 2009. Lara Weisiger, Secretary Community Improvement Commission Beverly Johnson, Chair Community Improvement Commission CITY OF ALAMEDA RESOLUTION NO. ;~ ADOPT RESOLUTION CONSENTING TO AND CALLING A JOINT ~' PUBLIC HEARING ON THE PROPOSED AMENDMENTS TO THE ~ ~ COMMUNITY IMPROVEMENT PLANS FOR THE BUSINESS AND ~, WATERFRONT IMPROVEMENT PROJECT AND THE WEST END ® ~ COMMUNITY IMPROVEMENT PROJECT ~. ~. WHEREAS, the Community Improvement Commission of the City of Alameda (the "Commission") has submitted by Resolution No. adopted on May 19, 2009, to the City Council of the City of Alameda (the "City Council") a proposed Ninth Amendment to the Community Improvement Plan for the Business and Waterfront Improvement Project and a proposed Seventh Amendment to the Community Improvement Plan for the West End Community Improvement Project (the "Proposed Amendments"), and consented to and requested that the City Council call a joint public hearing of the Commission and the City Council to consider and act upon the Proposed Amendments; and WHEREAS, the City Council acknowledges receipt of the Proposed Amendments, along with the Report to the City Council on the Proposed Amendments; and WHEREAS, Section 33458 of the Health and Safety Code authorizes a joint public hearing on the Proposed Amendments with the consent of the Commission and the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALAMEDA DOES RESOLVE AS FOLLOWS: Section 1. The City Council hereby consents to and, at the request of the Commission, calls a joint public hearing of the Commission and the City Council on July 7, 2009, at approximately 7:30 p.m., in the City Council Chambers to consider and act upon the Proposed Amendments and all documents and evidence pertaining thereto. Section 2. The City Clerk with the Secretary of the Commissi documents and do all other acts as this resolution. of the City of Alameda shall, in cooperation ~n, prepare, publish and mail such notices and may be necessary to carry out the purposes of ****** I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed b~ the Council of the City of Alameda in a regular meeting assembled on the 19t day of May, 2009, 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 20th day of May, 2009. Lara Weisiger, City Clerk City of Alameda 2 UNAPPROVED MINUTES OF THE REGULAR MEETING OF THE ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY Wednesday, April 1, 2009 The meeting convened at 7:14 p.m. with Chair Johnson presiding. 1. ROLL CALL Present: Chair Beverly Johnson Boardmember Lena Tam Boardmember Frank Matarrese Boardmember Marie Gilmore Vice Chair Doug deHaan 2. CONSENT CALENDAR 2-A. Approve the minutes of the Regular Meeting of March 4, 2009. 2-A 2-B. Approve the minutes of the Special Joint Meeting of the ARRA/HABOC of March 4, 2009. 2-C. Authorize Negotiation and Execution of a Sublease Renewal for Antiques by the Bay, Building 13, at Alameda Point. 2-D. Authorize Negotiation and Execution of a Sublease Renewal for Antiques by the Bay, Building 459, at Alameda Point. 2-E. Authorize Negotiation and Execution of a Sublease Renewal for Bay Ship & Yacht Company at Alameda Point. 2-F. Authorize Negotiation and Execution of a Sublease for Dreyfuss Capital Partners, Building 29, at Alameda Point. 2-G. Authorize Negotiation and Execution of a Sublease for Dreyfuss Capital Partners, Hangar 22, at Alameda Point. 2-H. Approve a Waiver of License Fees for Pacific Skyline Council, BSA Sea Scouts, Ancient Mariner Regatta. Staff requested to pull Items 2-E, 2-F, and 2-G. The balance of the consent calendar was motioned for approval by Vice Chair deHaan, seconded by Member Tam, and passed by the following voice votes: Ayes - 5, Noes - 0, Abstentions - 0. 3. REGULAR AGENDA ITEMS 3-A. LRA Presentation of Treasure Island Redevelopment -Jack Sylvan, San Francisco Mayor's office. Jack Sylvan of the San Francisco Mayor's office gave a powerpoint presentation of the Treasure Island redevelopment project. After the presentation, Boardmembers asked questions regarding the Treasure Island Development Authority (TIDA), its relationship with the Navy, and if they were able to disclose their purchase price terms. Mr. Sylvan replied that he is not at ARRA Agenda Item #2-A 05-19-09 liberty to discuss the term amount. The redevelopment challenges of the ARRA and TIDA are very similar (transportation, density, etc.) noting that ARRA's Measure A and environmental issues are a greater challenge. 3-B. Alameda Point Update. Debbie Potter, Base Reuse and Community Development Manager, gave an overview of SunCal's work over the past 60 days, including its work toward the March 26 submittal of its Ballot Initiative. SunCal requested a Tidelands Summary be prepared. The summary was prepared by City Attorney's office and transmitted to City Clerk's office. Once the notice is published, SunCal can begin its signature-gathering process to be completed by June 17. If the required number of qualified signatures is received, the City Council will have to take action to place the initiative on the ballot by Aug. 7. Pursuant to the ENA, SunCal has until April 30 to elect whether they're going to formally move forward with the ballot process or submit an application that is consistent with existing law. A second milestone to be completed by April 30 is the required deposit to begin CEQA work. Staff anticipates coming back to the ARRA in May with an award of contract for an EIR consultant. SunCal will also provide a presentation and summary of the components of their initiative which will include a specific plan, community plan, a Development Agreement, and various other amendments to the zoning ordinance and city's general plan. Member Matarrese requested that the timeline of the process be posted on the Alameda Point website. One speaker, Ashley Jones, directed a question to Mayor Johnson regarding her ability to be impartial regarding the Measure A issue as it pertains to the redevelopment at Alameda Point. Mayor Johnson replied that the speaker time is for the public to comment on the item and not for discussion. Janet Davis expressed concern about the contamination and the safeguards in place before development begins. David Brandt explained to Ms. Davis that the agencies that are overseeing the clean up are the EPA and the DTSC. Boardmembers also recommended Ms. Davis attend the RAB meetings for more information on the environmental issues of Alameda Point. Helen Sause spoke in support of the SunCal initiative and encouraged Alameda citizens to read the information and understand it before making a decision. 3-C. Alameda Point Environmental Issues Update: Radiological Substance at West Shore of Seaplane Lagoon and Block of Oversize Debris at North Shore of Seaplane Lagoon. This update is being provided to notify the ARRA board of several recent discoveries made by the Navy in conjunction with a couple clean-up projects in the vicinity of the Seaplane Lagoon. The Navy is currently working on amending a current clean-up contract to deal with radioactive material, and also further investigating the block of concrete. Staff recommends that the ARRA send a letter to the Navy with specific requests to resolve these issues including: requesting that the Navy, as part of the analysis that they do on the radioactive material, that they rule out any possibility that radioactive material could have come from anything other than the ouffall that is in the vicinity which carried a lot of waste from several buildings that dealt with radium paint - and if they can't rule out that as the only possible source for that material -that they conduct a base-wide radiological survey; the second request: that the Navy characterize the cement block and inform of their decision on how to dispose of the concrete debris. Dr. Peter Russell, environmental consultant, clarified the testing that would be done on the recent discoveries. Member Matarrese motioned to approve a letter be sent to the Navy outlining the ARRA's requests to analyze the radioactive material and characterize the cement block (and disposal); and to do further testing/investigation if necessary. The motion was seconded by Vice Chair deHaan, and passed by the following voice votes: Ayes - 5, Noes - 0, Abstentions - 0. 4. ORAL REPORTS 4-A. Oral report from Member Matarrese, Restoration Advisory Board (RAB) representative -Highlights of March 5th Alameda Point RAB Meeting. Member Matarrese reiterated that Item 3-C covered the highlights of the March 5'" RAB meeting and thanked Dr. Russell for bringing the item before the ARRA Board. 5. ORAL COMMUNICATIONS, NON-AGENDA (PUBLIC COMMENT) There were no speakers. 6. COMMUNICATIONS FROM THE GOVERNING BODY Member Tam requested a status report of the subcommittee established (at the March 4 ARRA meeting) to meet with the Navy to communicate concerns. Mr. Brandt stated that the issue was discussed with the City Attorney's office and explained that the Brown Act prohibits a quorum of the Body from meeting outside of the limits of the City of Alameda, which hampers the ability of the subcommittee to be effective. He requested that the Board consider limiting the committee to two members in order to have the ability to travel outside the city limits without violating the Brown Act. Member Tam suggested this be the Mayor's prerogative to choose the two members. Chair Johnson accepted the recommendation but stated that the selection of the two members will be determined at a later time. 7. ADJOURNMENT Meeting was adjourned at 9:33 p.m. by Chair Johnson. Respectfully submitted, Irma Glidden ARRA Secretary Alameda Reuse and Redevelopment Authority 2-B Memorandum To: Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority From: Ann Marie Gallant Interim Executive Director Date: May 19, 2009 Re: Authorize Negotiation and Execution of a Sublease Extension for General Services Administration at Alameda Point BACKGROUND The Alameda Reuse and Redevelopment Authority (ARRA) governing Board approves all Alameda Point subleases with a lease term greater than one year. The proposed sublease extension for General Services Administration is for two years. DISCUSSION General Services Administration has occupied Building 169 at Alameda Point for the past ten years. This building is used for storage of maritime museum artifacts, equipment and materials. Attachment A describes the business terms for the proposed sublease extension for General Services Administration in Building 169. The rent for General Services Administration in Building 169 is $339,087.84 annually, or $0.3267 per sq. ft. for the term of the extension. The building will continue to be used for storage of maritime museum artifacts, materials, and equipment. Building 162 is in poor condition. In accordance with the Exclusive Negotiating Agreement between the ARRA and SunCal Companies, this lease has been ~ discussed with representatives from SunCal Companies and has their concurrence. BUDGET CONSIDERATION /FINANCIAL IMPACT This lease will generate $339,087.84 in the first year. These funds will be retained by the ARRA. RECOMMENDATION Authorize negotiation and execution of a sublease for General Services Administration at Alameda Point. ARRA Agenda Item #2-B 05-19-09 Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority Respectful) submitted, Leslie Little Development Services Director By: Nanette Banks Mocanu Finance and Administration Manager May 19, 2009 Page 2 of 2 Attachment: A. Proposed Sublease Business Terms B. Site Map ATTACHMENT A PROPOSED SUBLEASE BUSINESS TERMS TENANT BUILDING SIZE SF TERM RENT General Services Administration 169 86,300 2 yrs $28,257.32/mo. ARRA Attachment A to Agenda Item #2-B 05-7 9-09 ~ 4 4 ~ // ~ i~ ~ ~ - v~»v 0 '1S ~iMdH.l~1S ~.1..~ Q O M N ~ ~0 ~ Z r-~ v Y Z N S9T M ~' ^ `~ I~ 'l; ~.i > ~ Q ~ rU-~ (1J 0~ H ~ 'J}}], M ZQ `~ ~ oCf" (~ Q iD STT ~ 1NI^d add c 0 ~ ~ d ~ ~ Z c ~ ~ ~~ °- Q ~ L°~ J ~ ~M AM W U '> L ('~ ~ ~ C °s Z ~ Q ~' ~o DQ4 J o ~ ~~0 rn ~ ~0 ~ '1S N012~0 r c~ co N~ 0 ~- Q ti 0 co ~~ 0 W Q Z Y O AftRA Attachment B to Agenda Item #2-B 05-19-09 Alameda Reuse and Redevelopment Authority 2-C Memorandum To: Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority From: Ann Marie Gallant Interim Executive Director Date: May 19, 2009 Re: Accept the Interim Executive Director's Statement of Emergency Regarding Expenditures for the Fire at the Fleet Industrial Supply Center and Approve the Project Budget BACKGROUND Pursuant to the 1994 Alameda Reuse and Redevelopment Authority (ARRA) Procurement Policy, Section 8, procurement of nonprofessional services can be done by emergency procurement where the Executive Director has determined that a public emergency exists and standard procurement is infeasible due to immediate threat of injury to persons or property. The intent of this policy is to allow the ARRA to sole source any contract necessary to abate the emergency condition. The Executive Director is then required to issue a written statement of emergency and assign a designee to solicit contractors verbally or in writing. At the next ARRA meeting, a written report must be presented that details the circumstances and justification for the purchase. DISCUSSION In the early morning of March 29, 2009, Building 6, the former Medical/Dental Facility at the Fleet Industrial Supply Center (FISC), caught fire and was destroyed. The debris from the fire may contain hazardous materials, and the Bay Area Air Quality Management District has issued an order to abate the condition. Since that time, staff and property managers have been working to secure the site and remove the debris. As part of its development plan, Catellus had already solicited bids and prepared a demolition plan for the structure. Staff has worked with Catellus' existing low bid contractors, FERMA Corporation and Vista Environmental Consulting, as they could provide the ARRA with the quickest, most economical process for demolishing the structure. Once FERMA has completed the revised demolition bid, the ARRA will implement the work and abate the emergency condition. ARRA Agenda (tern #2-C 05-19-09 Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority FINANCIAL IMPACT May 19, 2009 Page 2 of 2 Funds for this project, in the amount of $1,598,730, are available in the Development Services Department/ARRA "cash" fund balance. If Catellus proceeds with its development plan, ARRA would be reimbursed for these expenditures. FISC Lease Revenue $ 450,000 CDBG $ 97,000 ARRA Lease Revenue $ 1,051,730 $ 1,598,730 RECOMMENDATION Accept the Interim Executive Director's statement of emergency regarding expenditures for the fire at the Fleet Industrial Supply Center and approve the project budget. Respectf submitted, li .Little -- Development Services Director ~ Approved as to funds and account, ~~ Glen a . J Interi finance Director By: Finance & Administration Manager Attachment: 1. Statement of Emergency 2. Project Cost Summary cc: PM Realty Group Nanette Mocanu ATTACHMENT 1 April 30, 2009 Statement of Emergency for Fire at the Fleet Industrial Supply Center from Interim ARRA Executive Director In the early morning of March 29, 2009, Building 6, the former Medical/Dental Facility at the Fleet Industrial Supply Center (FISC) caught fire and was destroyed. The burned structure represents an attractive nuisance for the City and therefore 24-hour security has been posted on the property. The debris from the fire may contain hazardous materials, and the Bay Area Air Quality Management District has issued an order to abate the condition. Since that time, staff and property managers have been working to secure the site and remove the debris. As part of its development plan, Catellus had already solicited bids and prepared a demolition plan for the structure, so staff worked with their low bid contractors FERMA Corporation and Vista Environmental Consulting, because they had already assessed the building and could provide us with the quickest, most economical process for demolishing the structure. If, another bidding process were conducted, it would add an additional 30-45 days onto the project timeline. The project needs to move forward immediately as interim costs for dust control (including water usage), air monitoring and security continue to add up until demolition begins. FERMA has begun clean-up of all fire debris within a 100-yard radius while project pricing was occurring to save time once the actual removal and demo portion of the project begins. Vista prepared the work plan for removal of the materials and also did all the environmental testing and air monitoring. They also coordinated with the Bay Area Air Quality Management District (BAAQMD). FERMA prepared a proposal for removal of all Asbestos Containing Material (ACM) and demolition of the remaining concrete structures. To save money, FERMA will remove the ACM and concrete separately. Both firms worked to locate the most economical dump site for disposal of the fire debris. The process took longer than expected because the only California disposal site put restrictions on the debris materials and significantly increased the project cost. The firms located a Nevada site that cuts the costs to half of the California site. The total cost of the project excluding city, county and state agency fees/taxes is $1,598,730. ARRA Attachment 1 to Agenda Item #2-C 05-19-09 ~ M Realty group F-Z ~ /~ L 1. S ~ 1 ~ /~ 1 ' lL S L Fi. ~/ 1 L.~ L ti ATTACHMENT 2 Project Cost Summa Project: FISC B. 6 Fire Clean-up/Demo/Removal Based on: Vista Environmental Consulting FERMA Corporation Date: Prepared by: Distribution: April 30, 2009 Manny Moreno Senior Property Manager Nanette Banks (w/ attach for approval) Rick Jones (w/ attach) Design Vista Environmental Consulting BAAQMD work plan and meeting Haz. Mat. Remediation observation -perimeter Haz. Mat. Remediation observation -footprint Post-remediation soil sampling Final report Subtotal -Design $4,530 $44,677 $69,676 $16,037 $6, 680 $141,600 Construction FERMA Corporation On-going clean-up Dust control and demo misc. Burned debris loading Debris haul and disposal Concrete demo Concrete haul and demo Soil scraping Subtotal -Construction Subtotatal Design and Construction Contingency @ 10% $90,000 $24,920 $381,100 $631,200 $94,300 $54,900 $15, 000 $1,291,420 $1,433,020 $143,302 $1,576,322 PMRG Consiruction Management Fee Vista Environmental FERMA Corp. less disposal costs Subtotal on which fees are calculated PMRG Const.Mgmt. Fee,n°rar roe°o°-a~sP°s°~~o:rsl Total Project Cost: Approved by Ann Marie Gallant, City of Alameda $141,600 $1,291,420 -$686,100 $746,920 $22,408 $1,598,730 " Date 'Total Project Cost does not include fees/taxes that will be assessed by City, County and State agencies. ARRA Attachment 2 to Agenda Item #2-C 05-19-09 FERMA CORPORATION May 1, 2009 09-0249,82 PM Really Group 950 W. Mall Square, Room•239 Alameda, CA 94501 Attention: Manny Moreno RE: 2850 5°i Street, Alameda Alameda Hospital Burned Debris Cleanup & Disposal Dear Mr. Moreno: Fcrma Corporation is pleased to provide the following quotation for the burned debris and concrete disposal at the above referenced site per work plan dated 4/6/09, prepared by Vista 1;nvironmental Consulting and described in the following scope of work: Demolition, loading and removal including labor, equipment, material, salvage value, transportation, legal disposal and disposal fees described as follows: . Cleanup of debris on and around the pad (5' from the concrete pad approximately 6,000 SF total) . Disposal of friable/RCRA waste at the cheapest landfill with h•ansportation . Removal/disposal/transportation of retraining concrete structures, assuming concrete to be crushed onsite as clean material to 1" minus gradation . Scraping of top 2" of soil around the pad (5' fc•om the concrete pad approximately 6,000 SF total) . Collection of free standing water and collection of run-off water for analysis and disposal . Debris cleanup outside the debris pile at the hospital on the FISC property, strictly on T&M basis . Dust control including water . Traffic control as required for our portion of work . Obtain BAAQMD notification . All items of work to be performed based on one mobilisation We are excCudiii~ the followirc~l ite~it:s: . Installation of temporary fencing, barricades and/or pedestrian walkways . Safe-off, capping, discoru•-ecting, cutting and/or removal of underground and/or overhead utilities . Layout, testing, inspections, engineering and/or surveying . Safe-off, disconnecting, cutting and/or capping of plumbing, mechanical, and/or electrical systems . All permits, fees and/or recycling deposit fee (except BAAQMD) . Import/export soil, baseroclc, and/or turf (sod/grass) . Concrete slab and/or footing . Excavation and/ar grading 1265 Montecito Avenue, Suite 200 Mountain View, CA 94043-4506 (650) 961-2742 Estimating/Administration Fax (650) 968-3945 Accounting Fax (650) 961-0967 PM Realty Group 2850 5`~' St!•eet, Alameda Alameda Hospital Burned Debris Cleanup & Disposal May 1, 2009 09-0249.R2 Page 2 Ferma Corporation proposes the following budgetary quotation to perform the above-described work $1,291,420,00 Please consider this price as budget due to several unknowns. Fernxa will work on T&M u~ide~• Vista Environmental directions. Ferma's T&M rate sheet is attached with this proposal. Proiect Schedule: Thirty (30) working days Pnyn~ent Scherkcle: Payments on account shall be due and payable within twenty (20) days after the date of the invoice at the rate of 90% of all acceptable work completed each month. Retention is due and payable within sixty (60) days of the completio~i of our portion of the work. Interest will be charged at the rate of 1.5% per month on past due accounts. QrcrrlificRlia:s: . Ferma Corporation excludes "All RisldBuilder's Risk" insurance coverage . Indemnify and hold harmless clauses to be mutually agreed upon . Proposal valid for 30 days from the date of this proposal Please do not hesitate to call our office if you have any questions. Sincerely, Ferma Corporation ~-.. ~~~~ J Nasir Ariz ~ NA:nlm 3911 Harrison Street Oakland, CA 94.611 Tel 510.658.8861 Fax 510.653.8889 April 28, 2009 Mam)y Moreno Senior Property Manager PM Realty Group 950 W. Mall Square Alameda, CA 94501 RE: I-Iazardous Materials Related Construction Observation/Air A'Ionitoring Alameda Landing HospitaUAdministration Building Alameda, CA 94577 Dear Mr. Moreno: AS pCl' yolll' 1'L'Clllest, I am forwarding to you this correspondence outlining the scope of work and estimated fees for the project referenced above. OBJECTIVE The objective of this project, as understood by Vista Environmental Consulting, LLC (VEC) is to provide a BAAQMD asbestos work plan, remediation oversight/air monitoring for the fire debris clean-up outside the perimeter of the building and inside the building Footprint, conduct post remediation soil sampling, and deliver a final close-out report for the project referenced above. SCOPE OI' SERVICES 1. BAAQMD Asbestos Work Plan and Associated Meetings VEC will write an asbestos abatement work plan for approval by the Bay Area Air Quality Management District (BAAQMD). BAAQNID requires this plan prior to issuing a variance for "open air" removal of asbestos-containing materials. The primary objective of this work plan is to provide work procedures to safely remove and clean-up fire damaged asbestos-containing/contarriinal:ecl materials and related debris, clear the various work areas once they have been cleaned, demolish remaining structures, and properly dispose and transport: the waste materials. The plan will include procedures for clean-up, containerizing, and disposal of debris out.sicle the building perimeter and inside the building footprint. The plan will also include an air monitoring strategy during abatement and wetting of material and a description of post abatement asbestos soil sampling. This task will also include attending meetings with BAAQMD to cliseuss the CA DGS Certified Small Business OSDS Ref !# 44364 IIazardous Materials Services Alameda Landing Hospital/Administration Page 2 work plan and incorporating any comments from BAAQMD into the plan, so approval can be attained. 2. IIazardous Materials Remediatiorr Observation -Bldg. Perimeter fire Debris Cleanup This task will be accomplishccl during the clean-up the suspect asbestos laden ash and debris from the building perimeter as follows: DSO yards to the north (asphalt), X100 yards to the; cast (asphalt, concrete, and rock), X340 yards to tl)e south where tllere is a dirt road (soil, asphalt, Warehouse 4~), and X100 yards to the west (soil). These distances were derived from wind data atld a visual assessment of the areas. The purpose of this clear]-up is to get eoneentratecl poelcets of ash and debris in the proximity of the fire, not to clean- up all ash and debris generated from the fire. Areas needed for staging work related to the clean-up within the building footprint (roads, parking, debris box area) will be cleaned first to facilitate the work schedule. a. V)JC will provide a California Certified Asbestos Consultant, a Site Survcillancc'1'eclulician under the supervision of a CAC, and/or CDPII Lead Certified personnel to concluci: daily observation and air monitoring of the removal of the hazardous materials identified at the site. b. VlJC will corulucl: wasi:e characi:erization sampling for Title 22 metals on the debris piles within the building footprint. Analysis will include TTLC (I;PA 305013/601013 and )JPA 7471A) for all metals and Chromium VI if necessary, and STLC (CWLT/)JPA 7420)/TCLP(EPA 1311/7420) for Lead and up to three more metals as necessary. V);C will also conduct wasl:e screening sampling f•or lead on the intact concrete structures (TTLC, STLC & TCLP). This screening is for budgetary calculations. All samples shall be analyzed by an i1CC1'CChi:ed laborat0l'y Wlt'h a S - 10 day t11171a1'OU17d tllne. o, VLC will record daily activity on field forms talat inform the owner of what occurred on the site as it pertains to the abatement. Copies of VLC's daily field logs and air sample forms will be available to the Owner or Owner's representative upon request. V);C does not have the power to stop work nor direct the abatement contractor or the general contractor how to perform their contracted duties. If• regulatory or contractual deficiencies are observed, VLC will point these out to the contractor. If the contractor does not correct these deficiencies it will be brought to the attention of the Owner/Owner's representative. VIJC does no`t take responsibility for regulatory or contractual errors committed by the contractors or their employees. d. vrC Wlll COlldllet V1SUal 1nSpCCtIO11S Wlth t11C abiYtClYleTlt eglltl'f1CtOr pl'lol' t0 the start of work to assure proper regulatory and contracted set-up of work area containments and a t the completion of the abatement activities 'to assure that the contractor removed materials in accordance with the contract documents. In addition, VI;G will examine the areas surrounding the work areas daily to look for contairunent deficiencies or other significant events that need rectifying. c.;A DGS Certified SiTtall ~uciness CJ ADS Reftf ~4436~t Hazardous Materials Services Alameda Landing Hospital/Administration Page 3 e. VEC will conduct area air monitoring utilizing Phase Contrast Microcopy (PCM) for asbestos and Flarne Atomic Absorption f'or lead. VEC will take up to 12 of these samples per cigllt hour shift. In accordance with the regulations, VEC will supply the laboratory with appropriate blank samples. All lead samples will be submitted to an accredited local laboratory for analysis with a 24, hour turn around time. Asbestos samples will be submitted to an accredited local laboratory for analysis with a <12 hour turn around time. One sample daily will be chosen and re-analyzed by Transmission Electron Microscopy at an accredited laboratory with a 24~-hour turnaround time. VEC takes no responsibilii:y for the contractor's required personnel air sampling that is mandated by the governing regulatory agcrlcies. VEC will review, and make a good faith effort to collect and submit, available Abaternerrt Contractor paper work including, but not limited to regulatory notifications, worker docurnentation, daily work logs, sign-in/containment entry logs, manometer records(if applicable), personal air monitoring, waste shipment manifests and weight tickets or other contractor deliverables set forth in the contract documents. If VEC cannot collect these clocumerlts in a timely manner (2-4 weeks after the project conclusion) in order to submiit the final report, VECreeommencls that the Owner/Owner's Representative collect these documents From the Abai:ement Contraei:or for inclusion in their project document file. ` g. VEC will review and record in the daily field log/manifest log the non- hazardous and hazardous waste manifest shipping records that occur when VEC is contracted to be on-site. VEC is not the waste generator and canuot sign these manifests, but can help coordinate the signing of therrl by the Owner or Owner's representative. 3. Hazardous Materials Rernediation Observation -Bldg. Footprint Fire Debris Clcauup This task Wlll bC aCCOI11p11S11Cd dUr'llrg the C1Ca11-Up of the aSbCSt05 anCl lead 18c1Cn rill alld debris within the building footprint, the abatement of the renlainirlg intact asbestos containing materials from the footprint of•the building, and the clean-up the asbestos and lead laden ash and debris and abatement of the remaining intact asbestos containing materials within the intact concrete structures prior to demolition. a. VEC will provide a California Certified Asbestos Consultant, a Site Surveillance Technician antler the supervision of a CAC, and/or CDPH Leacl Certified personnel to eoncluet daily observation and air monitoring of• the removal of the llazarclous materials icleutifiecl at the site. b. VEC will collect two (2) waste characterization samples for asbestos and Tiiae 22 metals on the concrete structures once they are demolished, segregated, and stockpiled. Analysis will inclrlde, TTLC (EPA 3050B/6010B and EPA 7~1,7].A) for all metals arld Chromium VI if necessary, STLC (CWET/EPA 7420)/'1'CLP(EPA 1311/7420) for Lead and up to three more metals as CA DGS Certified Small dusinesa OSDS Ref /~ ~t43G4 Hazardous Materials Services Alameda Landing Hospital/Administration Page 4~ necessary. All sarnples shall he analyzed uy an accredited laboratory with a 5 - 10 day turnaround time. VEC will collect one (1) waste characterization sample on the top 2" of soil to 20' away from the building footprint after it is excavated and stockpiled. Analysis will include Asbestos; CAM 17 Metals TTLC (EPA 3050B/601 OB arrd EPA 7471A) for all metals and Chromium VI if necessary, STLC (CWET/EPA 7420)/TCLP(EPA 1311/7420) for Lead and up to three more metals as necessary; VOCs (EPA II260B), SVOCs (EPA. £3270C), PCBs (EPA IIO£32), and 1 PH carbon chain (EPA MIIO15G). All samples shall be analyzed by an accredited laboratory with a 5 - 10 day turnaround time. d. Upon completion of the removal of the debris from the soil areas, up to forty (40) representative soil samples shall be collected by VEC and analyzed for the determination of asbestos content. Samples shall be analyzed by an accredited laboratory by PLNI with a 24 hour turnaround time. Results shall be reported qualitatively, either asbestos containing or none-detected. e. VEC will record daily activity on #•ield forms that inform t:he owner of what occurred ou the site as ii: pertains to the abatement. Copies of VEC's daily field logs and air sample forms will be available to the Owner or Owner's representative upon request. VEC does not have the power to stop work nor direct the abatement contractor or the general contractor how to perform their contracted duties. If regulatory or contractual deficiencies are observed, VEC will point these out to tyre contractor. If the contractor does not correct these deficiencies it will be brought to the attention of the Owner/Owner's representative. VEC does not take responsibility for regulatory or contractual et•rors committed by the contractors or their employees. VEC will conduct visual inspections with the abatement contractor prior to the start of work to assure proper regulatory and eontraetecl set-up of work area containments and at the completion of the abatement activities to assure that the contractor removed materials in accordance with the contract documents. In addition, VEC will examine the 8r'ci15 SUI'rOUndlrlg tI1C WOl'1C areas daily to look for containment deficiencies or other significant events that need rectifying. g. VEC will conduct area air moxritoring utilizing Phase Contrast Microcopy (PCM) for asbestos and blame Atomic Absorption for lead. VEC will take up to 12 of these samples per eight hour shift. In accordance with the regulations, 1TEC will supply the laboratory with appropriate blank samples. All lead sarnples will be submitted to an accredited local laboratory 1•or analysis with a 24 hour turn around tune. Asbestos samples will either be submitted to an accredited local laboratory for analysis with a <12 hour turn around time or read on-site by VEC's trained personnel. One sample daily will be chosen and re-analyzed by Transmission Electron Microscopy at an acereclited laboratory with a 24~-hour turnaround time. VEC takes no CA DGS Certified Small [3usinF~ss OSDS Ref # 443G4 I3azardous Materials Services Alameda Landing Hospital/Administration Page 5 responsibility for the contractor's required personnel air samplitlg that is mandated by the governing regulatory agencies. h. VEC will review, but not: collect and submit, available Abatement Contractor paper work including, but not limited to regulatory notifications, worker documentation, daily work logs, sign-in/containment entry logs, manometer records (if applicable), personal air monitoring, waste shipment manifests and weight tickets or other contractor deliverables set fot•th in the contract documents. VEC recommends that the Owner/Owner's Representative collect these documents £rom the Ab'aternent Contractor at the end of the project for inclusion in their project document file. i. VEC will review and record in the daily field log the I1o11-ha'LarC10US allCl hazardous waste; manifest shipping records that occur when VEC is contracted to be on-sii:c. VEC is not the ~vastc generator and cannot sign these manifest, but can help coordinate the signing of them by the Owner or Owner's representative. Deliverables include a hazardous mal:erials remediation oversight report. The report will include a summary report:, field observation forms, analytical results and any other pertinent documentation and will be provided in both hard copy and electronic (PDF) format. 4. Post-Remediation Soil Sampling VEC will collect twelve (12) composite samples of the top 6" of soil to 20' away from the building footprint after abatement and clentolitiou activities. Analysis will include asbestos; CAM 17 Metals TTLC (EPA 30508/6010B and EPA 7471A) for all metals and Chromiunt VI if necessary, STLC (CWET/EPA 7~1~20)/TCLP(EPA 1311/7120) for Lead and up to three more metals as necessary; VOCs (EPA II260B), SVOCs (EPA II270C), PCBs (EPA IIOII2), and TPII carbon chain (EPA MII01SG). All samples shall be analyzed by an accredited laboratory wit11 a 5 - 10 day tw•narouncl time. 5. Final Report Deliverables inch.tde a hazardous mai:erials remediation oversight: report. The report will include a summary report, field observation forms, manifest: logs, allalyllCal Chal't5 allcl results, and any other pertinent cloctimentation aucl will be provided in both hard copy (3 copies, 2 bound) arul electronic (I'DF) format. FEEs 1. BAAQMD Asbestos Work Plan and Associated Meetings The hrmp sum fee for this task as outlined above will be X4,530.00. This fee includes project ntanagernent and clerical office time. CA UGS Ccrtifi~d Small C~usiness OSDS Ref # 44;64 Hazardous Materials Services Page 6 Alameda Landing Hospital/Administration 2. Hazardous Materials Remediation Observation -Bldg. Perimeter Fire Debris Cleanup The time and materials fee as outlined above will be $44,677.00 based on 30 shifts running seven days a week from April 2, 2009 to May 3, 2009 (No work was performed on Easter Sunday and one rain day. This fee includes technician tune for one technician, project management, clerical, equipment, and analytical fees. 3. Hazardous Materials Remediation Observation -Bldg. Footprint Fire Debris Cleanup `1'he time and materials fee for Hazardous Materials Remediation Observation and as outlined above will be X69,676.00 based on an estimated 42 shifts running seven days a week. This fee includes technician time for one technician, project management, clerical, equipment, and analytical fees. 4. Post-Remediation Soil Sampling The lump sum fee for this task as outlined above will be %16,037.00. This fee includes eCChlllCtall tulle IOI' Olle tCCh111CIaI1, project management, clerical, equipment, and analytical fees. 5. Final Report A close-out: report as outlined above will be provided at a lump sutra fee of $G,G80.00. This fee includes project management and clerical office time. VEC appreciates the opportunity to provide consulting services on this project. and on future projects. If this proposal is acceptable, please sign one copy and return it to us. Sincerely, Dlgltally signed by Chuck Oovc DN: cn=Chuck Bove, o=Vista / _-, ._, Environmental Consulting, ou, ' `.~,_-„~r• ~'r~~sc_. emall=chuckhove@vlsta-env. tom, c=US Date: 2009.04.28 10:52:1 1 -07'00' Charles Bove Principal RESPONSE Accepted by 1'iele Date CA DGS C~rlified Small fiusiness OSDS Ref /~ ~}4364 UNAPPROVED MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- -MAY 5, 2009- -7:30 P.M. Mayor Johnson convened the Regular Meeting at 7:40 p.m. Councilmember Tam led the Pledge of Allegiance. ROLL CALL - Present: Councilmembers deHaan, Gilmore, Matarrese, Tam, and Mayor Johnson - 5. Absent: None. AGENDA CHANGES Mayor Johnson announced that the Resolution of Appointment [paragraph no. 09- ] would be heard first. REGULAR AGENDA ITEM (09- ) Resolution No. 14226, "Appointing McCaulay J. Singer- Milnes as a Member of the Youth Advisory Commission." Adopted. Councilmember Matarrese moved adoption of the resolution. Councilmember Tam seconded the motion, which carried by unanimous voice vote - 5. Judge Delbert Gee administered the Oath and presented the certificate of appointment to Ms. Singer-Milnes. Ms. Singer-Milnes thanked Council for the opportunity to serve. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (09- ) Proclamation declaring the month of May as Older Americans Month. Mayor Johnson read and presented the proclamation to Joy Pratt, Mastick Senior Center Advisory Board Member, and Miriam Schiffman with Area Agency on Aging's Commission on Aging. Ms. Pratt thanked Council for the proclamation. Ms. Schiffman stated the Commission helps Alameda's aging population become as independent as possible. Mayor Johnson stated that she is proud of the Mastick Senior Center; the Center is one of the bright stars in the community. Regular Meeting Alameda City Council 1 May 5, 2009 (09- ) Proclamation declaring May 10 through 16, 2009 as National Police Week. Mayor Johnson read and presented the proclamation to Chief Tibbet and Lieutenant Boersma. Chief Tibbet thanked Council for the proclamation; stated this week provides an opportunity to recognize the spirit, service, dedication, and character of Police Departments across the nation. (09- ) Proclamation declaring May 14, 2009 as Alameda Bike to Work Day. Mayor Johnson read and presented the proclamation to Joyce Mercado, Bike Alameda Board Member. Ms. Mercado thanked Council for the proclamation; stated Bike Alameda appreciates the on-going, strong partnership with the City in making Alameda a bicycle friendly town. (09- ) Presentation by the West Alameda Business Association on summer events and Farmer's Market. Kathy Moehring, West Alameda Business Association, submitted a handout; stated the Farmer's Market is moving to Webster Street and Haight Avenue; the Tuesday morning market will continue; a Saturday morning market will replace the Thursday night market; the Grand Opening will be on May 16, 2009 at 9:00 a.m.; an additional concert has been added at Crab Cove; the first classical concert will be held this Friday from 5:30 p.m. to 7:30 p.m. CONSENT CALENDAR Mayor Johnson announced that the recommendation to approve reopening the Mif Albright Course [paragraph no. 09- ] was pulled from the Consent Calendar for discussion. Councilmember Matarrese moved approval of the remainder of the Consent Calendar. Councilmember Tam seconded the motion, which carried by unanimous voice vote - 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] (*09- ) Minutes of the Regular and Special City Council Meetings held on April 21, 2009. Approved. Regular Meeting Alameda City Council 2 May 5, 2009 (*09- ) Ratified bills in the amount of $4,709,242.68. (*09- ) Recommendation to authorize Call for Bids for Legal Advertising for Fiscal Year ending June 30, 2010. Accepted. (*09- ) Recommendation to award a Contract in the amount of $495,000 to Harris & Associates for Construction Management Services for the Webster Street/Wilver "Willie" Stargell Avenue Intersection Project, No. P. W. 10-08-26. Accepted. (*09- ) Recommendation to award a Contract in the amount of $145,670, to Bellecci and Associates for Engineering Construction Support for the Webster Street/Wilver "Willie" Stargell Avenue Intersection Project, No. P.W. 10-08-26. Accepted. (09- ) Recommendation to approve reopening the Mif Albright Course and authorize the expenditure of $50,000 in associated expense from the Golf Budget. Speakers: James Leach, Alameda; Sherry Sherman, Alameda; Norma Arnerich, Alameda; Rita Albright-Scott, Alameda. Vice Mayor deHaan moved approval of the staff recommendation. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. (*09- ) Resolution No. 14327, "Endorsing Everyone Home, the Alameda Countywide Homeless and Special Needs Housing Plan." Adopted. CITY MANAGER COMMUNICATIONS (09- ) Status Report on Neighborhood Library Improvement Projects The Library Director gave a presentation. Mayor Johnson inquired when construction would start for the second branch library, to which the Library Director responded July or August 2010. Mayor Johnson inquired whether bids would go out now, to which the Library Director responded bids would go out at the same time for both branches. Councilmember Tam inquired whether the West End and Bay Farm Island library usage remained the same after the Main Library re-opened. Regular Meeting Alameda City Council 3 May 5, 2009 The Library Director responded initially usage dipped because everyone wanted to see the new Main Library; stated usage is beginning to increase; people use the Main Library as a place to search for materials and then have materials delivered to the branch libraries; families, teenagers, and seniors tend to use branch libraries more; the Neighborhood Library Report recommends refocusing branch libraries to serve people who do not have transportation or ability to get to the Main Library; the intent is to double the number of computers and increase seating at both locations. Councilmember Matarrese inquired whether modifying the Agreement with the School District has been considered; stated Washington Elementary School is across the street from the West End library; that he is hoping to use the two facilities in concert. The Library Director responded the City does not have a reciprocal use; however, Washington Elementary classes are at the West End library almost every morning; the Joint Use Agreement allows sharing database information; purchases are coordinated. Councilmember Matarrese inquired whether the team reviewed creative ways to use the two facilities [West End branch and Washington School] together any creative uses have been reviewed for the two facilities, to which the Library Director responded the issue will be reviewed. (09- ) Update on the CodeRED Emergency Notification System The Police Captain gave a Power Point presentation. Councilmember Gilmore stated people could not use cell phones or landlines within the City or State when the Loma Prieta earthquake occurred; inquired whether the same situation would happen with the CodeRED system, to which the Police Captain responded that he would find out. Mayor Johnson stated the system seems goods; the School District uses the system; inquired whether the system could be used in the event of tube closings. The Police Captain responded in the affirmative; stated the system has many different uses. Vice Mayor deHaan inquired whether the existing system would be replaced, to which the Police Captain responded in the affirmative. Vice Mayor deHaan inquired how many notifications could be Regular Meeting Alameda City Council 4 May 5, 2009 transmitted within 87,500 minutes, to which the Police Captain responded 175,000 thirty-second messages. Councilmember Matarrese inquired whether Oakland would need to access Alameda's code if there was a problem in the tube. The Police Captain responded in the negative; stated the mapping system is only for Alameda; residents could be notified if Oakland notified Alameda of•problems. Councilmember Tam inquired whether the system already has 400-500 of the City's phone numbers. The Police Captain responded in the affirmative; stated the vendor would build onto the database; the hope is to reach 1000. Councilmember Tam inquired how long it would take to reach 1000. The Police Captain responded the vendor could have the system up and running within three to four weeks. Councilmember Tam inquired what would be the cost of the system, to which the Police Captain responded $22,500 per year. Councilmember Tam inquired how much money is in the Impact Fee fund. The Interim City Manager responded approximately $55,000; stated $18,000 to $22,000 is generated per year. Councilmember Tam inquired whether the money could not be used for anything else, to which the Interim City Manager responded in the affirmative. Councilmember Matarrese stated the system seems like a good replacement; a physical protocol takes advantage of the City's Citizen Emergency Response Team (CERT); that he wants to ensure there is protection that CodeRED would not sell the list to someone else; having recourse is important in case the system is misused; encryption and security are necessary. Mayor Johnson stated people need to have a clear understanding of what to do when a call is received; an evacuation plan should be completed and posted to the website. (09- ) SunCal Traffic Scope of Work The Redevelopment Manager and Public Works Director gave a Power Regular Meeting Alameda City Council 5 May 5, 2009 Point presentation. (09- ) Financial "State of the City" The Interim City Manager gave a Power Point presentation. Vice Mayor deHaan stated the Planning and Building fund increased immensely in 2004; the fund decreased when the economy dropped. The Interim City Manager stated a lot of money is paid up front during the entitlement and permit process; the work continues for a long period thereafter; the key is to ensure that there is enough core staff to continue the work while being frosty on managing cash. Vice Mayor deHaan stated the lagging factor could get worse. The Interim City Manager stated the matter would be addressed in the Fiscal Year 2009-2010 budget. Councilmember Tam stated that she needs clarification on management's discretion to transfer amongst funds; inquired whether Alameda Municipal Power (AMP) paid more subsidy since Golf was not contributing. The Interim City Manager responded in the negative; stated money generated by enterprise funds stays within the fund; assessments are made against the funds in a variety of ways; budget policies dictate how much to charge enterprise funds for the cost of supporting the corporate whole; Council discussed reducing the Return on Investment (ROI) for a short period of time for AMP and Golf, which requires the ordinance to be amended; that she needs to have a clear understanding of how to proceed in the future and to determine how to reconcile the issue for prior years; only Council has the authority to move money between funds. Councilmember Tam stated Planning and Building reserves accumulated in Fiscal Years 2005, 2006, 2007 because revenues exceeded expenses; inquired whether accumulated funds could be used for a smoothing effect, to which the Interim City Manager responded in the affirmative. Councilmember Tam stated there seems to be some discretionary earmarks within funds; Council discussed potentially retrofitting the Carnegie Building; $400,000 is held in reserve for a fire station. The Interim City Manager stated $400,000 in cash money is held in Regular Meeting Alameda City Council 6 May 5, 2009 the General Fund reserve; approximately $900,000 in community planning fee funds were transferred into the Capital Improvement Project fund for the Carnegie Building; Council action would be required to undo prior decisions. Councilmember Tam inquired who has the flexibility and discretion to move funds that are earmarked for specific purposes; stated for example, Council chose to charge the Golf ROI in order to fund fire fighter operations for a short period of time. The Interim City Manager responded the Council has to determine whether or not to reduce a fee or give a credit back; stated the Council has to decide whether to use cash in the fund balance; after the Council has made a decision to earmark funds, only the Council can decided to reverse the earmark; said actions cannot be done administratively. Mayor Johnson stated a decision was made not to reduce the [Golf] transfer so that the General Fund would not be reduced right then. Councilmember Gilmore stated Council was waiting to see the outcome of Measure P. Councilmember Tam stated the Comprehensive Annual Financial Report (CAFR) gives the impression that the City has a fund balance that allows some flexibility to deal with austere times; however, the Interim City Manager is suggesting the opposite because the cash balance is a subset of the fund balance. The Interim City Manager stated that she is suggesting that the $16 million is not liquid cash but is money due to the General Fund from a variety of sources; $6.8 million is real cash in the General Fund; the only flexibility in the General Fund is $400,000 which is true cash set aside for a fire station; cash and fund balance are two different things. Councilmember Gilmore stated Council discussed the uncertainty of the State; the City would need to live off true cash in order to pay the City's obligations going forward if the State does not pay the City; inquired what would be the City's burn rate if the City, would have to pay the State's IOUs. The Interim City Manager responded the burn rate for 90 days would be $12 million; stated the CAFR is an accounting document and is not in layman's language; there is a huge misunderstanding of what is in the fund balance. Councilmember Matarrese stated exceptions need to be taken to Regular Meeting Alameda City Council 7 May 5, 2009 accounting rules or footnotes are needed; Council is not looking for flexibility, but discipline and tightening; the false statement being made does not work. The Interim City Manager stated CAFR rules are beyond staff's control; however, staff has control over narratives and footnotes. Councilmember Tam stated Council's adopted policy of having a 20°- 25° fund balance is meaningless. The Interim City Manager stated the fund balance was defined in an uncomfortable way when the policy was approved; next year's projected revenue and expenses are approximately $67 million to $68 million; 10o percent is $6.7 million; that she would not recommend [the General Fund reserve] going below 100. Vice Mayor deHaan stated the 250 level was set by Council; inquired what is the level for other cities, to which the Interim City Manager responded a 5%-loo minimum is the general rule. Vice Mayor deHaan stated the trend has been a 50o reduction in the last four years; the line is constant; inquired whether something different should have been done. The Interim City Manager responded the question is what needs to be done moving forward. Vice Mayor deHaan stated the trend indicates that something different should have been done. The Interim City Manager stated some cities still have revenues exceeding expenses; Alameda does not fall into said category; the fund balance had been used in prior years. Vice Mayor deHaan stated Planning and Building expenditures have increased by 30o and revenues have decreased by 300. The Interim City Manager stated approximately $900,000 is available in community planning fees within the Capital Improvement Project budget; prior Council action earmarked the money for the Carnegie Building. Vice Mayor deHaan stated the trends are disastrous; fees continually increased over the last four years. The Interim City Manager stated the intent is to give Council an insight into the financial state of funds so that there is an understanding going forward. Regular Meeting Alameda City Council 8 May 5, 2009 Mayor Johnson inquired whether the Planning and Building Department's substantial decrease in revenues started last June. The Interim City Manager responded a noticeable decline in revenue occurred last Fiscal Year. Mayor Johnson inquired whether anything has been done to correct the problem. The Interim City Manager responded everyone understands that a reduction in force is necessary in order to make funds work. Mayor Johnson stated expenses have been more than revenues; Council needs to know what policies need to be put into place to ensure that the situation is corrected. The Interim City Manager stated the goal is to ensure that there is no misunderstanding as to what money is available; this year's budget would be significantly different; Council will need to decide whether to accept management's recommendations regarding programs, services, and fund balances; cash management will be very critical. Mayor Johnson stated Council thought that a balanced budget was adopted; the budget was not balanced because of unapparent deficits. The Interim City Manager stated a balanced budget means that all funds are balanced; equal attention needs to be given to special revenue and enterprise funds. Councilmember Matarrese stated that he appreciates what the Interim City Manager has done; accounting practices and jargon is working against the City; real dollars need to be reviewed; that he would like the Interim City Manager to provide recommendations regarding AMP, Golf, and the Sewer Fund; AMP is a monopoly and Golf is discretionary; Golf may not be able to take the to ROI burden; AMP could probably afford it; the Sewer Fund is not an enterprise fund but is a public system; money was borrowed from the Sewer Fund; that he would like management to come back to Council with a proposed ordinance change; AMP should be looked at differently from Golf. The Interim City Manager stated AMP is budgeting for a to ROI moving forward; the AMP General Manager stated that AMP would be able to pay back the reduction over the next two years; the Golf situation is a policy call. Regular Meeting Alameda City Council 9 May 5, 2009 Councilmember Matarrese stated that Golf is in competition with other Golf Courses and is much different than AMP. Councilmember Gilmore stated the Golf Course has changed from a City run entity to having a contractor; Council needs to determine what should be done with the Golf Course long term before making a decision. The Interim City Manager stated discussions should be on a parallel track regarding a private operator versus a management contract; that she needs direction regarding an ordinance amendment to the ROI. Mayor Johnson inquired whether AMP is prepared to pay the to ROI retroactively. The Interim City Manager responded AMP put the full to ROI in the next budget and will discuss recovering the past amount due over twenty-four months. Mayor Johnson stated Golf is in a different situation; Council could forgive the ROI retroactively; the Interim City Manager should bring back information to Council regarding moving forward. The Interim City Manager stated the two enterprises should be considered separately. Mayor Johnson stated the Golf Course issue is different now; knowing what to do retroactively seems clear. Councilmember Tam inquired whether Golf would be charged the ROI and Payment in Lieu of Taxes (PILOT) even if operated by a private company. The Interim City Manager responded the issue would depend on how the deal is negotiated; stated the City would want to collect the PILOT because the asset would never be given away; the ROI would not be considered the same in a long-term contract; the amount of the ROI would be worked out through negotiations. Councilmember Tam stated that she concurs with Mayor Johnson regarding retroactively forgiving Golf. The Interim City Manager stated approval would need to come from Council in order to get the paperwork together to move forward with a new budget. Regular Meeting Alameda City Council 1 May 5, 2009 Councilmember Matarrese inquired whether the interim Golf Contract is up in July. The Interim City Manager responded the Contract is up in December; stated staff is moving along a parallel track for a long-term solution. Councilmember Matarrese stated that the [Power Point] charts are good; inquired whether the charts and a narrative could be posted on the website, to which the City Clerk responded in the affirmative. (09- ) Public Hearing to consider adoption of the Fiscal Year 2009-2010 Community Development Block Grant Action Plan and authorize the Interim City Manager to negotiate and execute related documents, agreements, and modifications. The Community Development Program Manager gave a Power Point presentation. Councilmember Tam stated funding shifted to Echo Housing and the Food Bank because the Red Cross Executive Director retired; inquired whether more funding could be secured because of the shift. The Community Development Program Manager responded staff is assisting the Food Bank in hiring a part-time Fundraiser; stated Echo Housing is a direct assistance program; the City funds a certain amount administratively. Councilmember Tam inquired. how many soft story buildings would qualify for the 510 low-income occupancy criteria. The Community Development Program Manager responded that staff has not been able to identify an exact number; stated large properties located on the West side would most likely qualify. Proponents (In favor of the staff recommendation): Cyndy Wasko, Social Services Human Relations Board (SSHRB); Liz Varela, Building Futures with Women and Children; Cathy Nielson, SSHRB, Peter Simon, College of Alameda; Patricia Murillo; Ciana Presco; Doug Biggs, Alameda Point Collaborative; Paul Russell, Alameda Food Bank; Huong Le, Asian Health Services. Following Ms. Nielson's comments, Mayor Johnson inquired whether 6,000 Alameda residents have no medical and dental insurance. Ms. Nielson responded in the affirmative; stated most likely, the Regular Meeting Alameda City Council 1 1 May 5, 2009 figure will increase because of today's economy. Following Ms. Le's comments, Mayor Johnson stated Asian Health Services provides a valuable service to the community. Councilmember Gilmore moved approval of the staff recommendation. Councilmember Tam seconded the motion, which carried by unanimous voice vote - 5. (09- ) Public Hearing to consider a recommendation to amend the Fiscal Year 2008-2009 Community Development Block Grant Action Plan as required by the American Recovery and Reinvestment Act, and authorize the Interim City Manager to negotiate and execute related documents, agreements, and modifications. The Community Development Program Manager gave a Power Point presentation. Proponents (In favor of staff recommendation): Cyndy Wasko, SSHRB; Liz Varela, Building Futures with Women and Children; Doug Biggs, Alameda Point Collaborative. Councilmember Matarrese moved approval of the staff recommendation. Councilmember Matarrese stated goals should be tracked so that the City does not wait until next year to see how things are going; people should know about the adoption of the substantial amendment to ensure that needed resources are received; staff should report back to the contributing agency on the success or recommended adjustments. Vice Mayor deHaan inquired what is the likelihood of funding coming to the City, to which the Community Development Program Manager responded funding is a done deal. Vice Mayor deHaan inquired whether the Boys and Girls Club and Littlejohn Park have separate funding. The Community Development Program Manager responded in the affirmative; stated both are identified as CDBG-R, which means that a project is shovel ready; CDBG-R Contracts need to be under contract within 120 days after approval from HUD. Vice Mayor deHaan seconded the motion, which carried by unanimous voice vote - 5. (09- ) Recommendation to accept the Financial Report for the Third Regular Meeting Alameda City Council 1 2 May 5, 2009 Fiscal Quarter - January, February and March 2009. The Interim City Manager gave a brief presentation. Councilmember Matarrese inquired whether a line could be inserted between General Fund and Special Fund groups to reflect an accurate fund balance. The Interim City Manager responded the second column from the right shows the breakdown; continued with the presentation. Vice Mayor deHaan inquired whether the $5.6 million due from other funds is broken down. The Interim City Manager responded the chart does not show who owes the money. Vice Mayor deHaan stated that he continually asks about the $5.6 million. The Interim City Manager stated the $5.6 million includes three notes: 1) $2.1 million owed to the City from AMP; 2) $2.4 million due from the CIC; and 3) $1.2 million due from the ARRA. In response to Vice Mayor deHaan' s inquiry about the CIC paying back $480,000, the Interim City Manager stated a five-year repayment schedule starts this year. Councilmember Matarrese inquired whether a breakdown of notes would be included in the next report, to which the Interim City Manager responded in the affirmative. Mayor Johnson stated the State is going to be in a very serious situation because local governments do not have money to contribute to the State. The Interim City Manager stated the State decides when to write repayment checks. Mayor Johnson stated in cities that do not have money in reserves, immediate cuts would need to be made if the State borrows money. The Interim City Manager stated not being in a cash rich position is very risky; cities need to reduce the cost of doing business. Vice Mayor deHaan stated the CIC budget shows a lot of red; money is being moved into the General Fund at the expense of having an unbalanced CIC budget. Regular Meeting Alameda City Council 1 3 May 5, 2009 The Interim City Manager stated the repayment schedule was established on what the CIC could do; many funds operate in the negative; the key is determining whether there is a negative or positive at the end of the day; April is the biggest revenue month for the General Fund; revenue and expense projections reflect what is on the books through April; the key is to look at the far right column which shows where the City will be at the end of the year; many funds have come down in fund balance and cash; continued with the presentation. Councilmember Matarrese thanked the Interim City Manager for the walk through; stated the sewer system is no different than the Library system; the sewer system is a functioning public health system. The Interim City Manager stated the sewer system is broken down by operational and infrastructure programs. Vice Mayor deHaan inquired whether assets have not been depreciated, to which the Interim City Manager responded in the affirmative. Councilmember Tam stated Alameda is in better shape than a lot of cities; inquired whether the City could call on the three notes and pay for some catastrophic event; further inquired whether the City is married to the five-year repayment schedule. The Interim City Manager responded the AMP note is not collectable at this time; stated the two agency notes are owed from two different funds. Councilmember Tam stated the State feels that it has a better legal standing to raid redevelopment funds; inquired whether the established formula would be less if the notes are repaid. The Interim City Manager responded the City would have less risk of having funds raided. Councilmember Tam stated a large amount of the $39 million CIC fund balance seems to be locked up. The Interim City Manager stated the $39 million is a subtotal of all special revenue funds; the CIC funds are part of the special revenue fund group; subtotaling would be provided next time. Councilmember Gilmore stated there have been discussions about cities that do not have redevelopment money having to dip into Regular Meeting Alameda City Council 1 4 May 5, 2009 General Fund to pay the State. The Interim City Manager stated the State might withhold gas tax and other distributions until cities have money to pay. Councilmember Tam stated redevelopment funds would not be repaid and would be a taking. Vice Mayor deHaan inquired whether the State has the ability to defer paying, to which the City Manager responded in the affirmative. Councilmember Tam moved approval of the staff recommendation. Vice Mayor deHaan seconded the motion, which carried by unanimous voice vote - 5. ORAL COMMUNICATIONS, NON-AGENDA None. COUNCIL REFERRALS None. COUNCIL COMMUNICATIONS (09- ) Councilmember Gilmore stated she attended the Association of Bay Area Governments meeting on April 23, 2009 in San Francisco; discussions involved SB375, which addresses reducing green house gas emissions through land use and transportation planning; that she would leave material with the City Clerk to route to Council. (09- ) Vice Mayor deHaan stated last week's Planning Board meeting discussed increasing Trader Joe's delivery time; reports show after hour activity at the Towne Centre; discussions involved who would be responsible for enforcing delivery hours; at the October 7, 2008 Council Meeting, Council discussed additional entitlements for Towne Centre; Council gave specific direction; that he is concerned that Council's guidance has not been followed. (09- ) Mayor Johnson stated that she attended the Northern California Power Agency Meeting in Washington, DC; the City will be receiving Energy Efficiency Block Grant money; inquired what process would be used. The Deputy City Manager responded the City would receive $640,600; stated that she is working with AMP and the Public Works Department Regular Meeting Alameda City Council 1 5 May 5, 2009 on a variety of options; options would be presented to Council at the June 2, 2009 Council meeting; competitive money has no guidelines; applications are due June 25, 2009. Mayor Johnson inquired when funding would be available, to which the Deputy City Manager responded as quickly as possible. ADJOURNMENT There being no further business, Mayor Johnson adjourned the Regular Meeting at 11:32 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Council 1 6 May 5, 2009 UNAPPROVED MINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY- -MAY 5, 2009- -7:31 P.M. Mayor Johnson convened the Special Meeting at 11:40 p.m. ROLL CALL - Present: Councilmembers deHaan, Gilmore, Matarrese, Tam, and Mayor Johnson - 5. Absent: None. Public Comment Terri Wright, Management and Confidential Employee Association (MCEA), stated that MCEA understands the difficult decisions before Council; requested that Council: 1) give strong consideration to spreading out the Workers' Compensation repayment over a period of time; 2) ensure that layoffs impact all departments fairly and equitably; and 3) evaluate extending the re-employment provisions for laid off employees. Alan Elnick, Alameda City Employee Association (ACEA), shared concerns of the MCEA; stated ACEA members are hourly employees which provides some flexibility in terms of lay offs. The Special Meeting was adjourned to Closed Session to consider: (09- ) Conference with Labor Negotiators; Agency Negotiators: Craig Jory and Human Resources Director; Employee Organizations: All Bargaining Units. Following the Closed Session, the Special Meeting was reconvened and Mayor Johnson announced that the Council received a briefing on the potential reduction in force and bargaining process involved; no action was taken. Adjournment There being no further business, Mayor Johnson adjourned the Special Meeting at 12:30 a.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Special Meeting Alameda City Council May 5, 2009 CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Glenda D Jay Interim Finance Director Date: May 14, 2009 Re: List of Warrants for Ratification This is to certify that the claims listed on the attached check register and shown below have been approved by the proper officials and, in my opinion, represent fair and just charges against the City in accordance with their respective amounts as indicated thereon. Check Numbers 21 9464 - 219826 V18725 - V18867 EFT 677 EFT 678 EFT 679 EFT 680 Void Checks: 219276 219363 136046 GRAND TOTAL Respectfully submitted, ~-~ ~~o y Interim Fin c Dir or Council Warrants 05/19/09 Amount $1,648,044.28 $100,279.46 $48, 887.95 $45,462.56 $7,993.50 $2,298.00 ($320.00) ($94.72) ($750.00) $1,851,801.03 BILLS #4-B 5/19/2009 CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: May 19, 2009 Re: Accept the Quarterly Sales Tax Report for the Period Ending December 31, 2008 BACKGROUND This report summarizes the sales tax transactions for the period October 1 through December 31, 2008, which is the basis for sales tax revenues received by the City between January 1, 2009 and March 31, 2009. For purposes of this report, sales tax revenues exclude Proposition 172 funds, the allocation from the statewide pool for public safety services. DISCUSSION Sales tax is the fourth largest source of General Fund revenue for the City of Alameda, representing 6% of total projected revenues for fiscal year 2007-2008. Proposition 172 revenue, projected as $0.5 million, when combined with local sales, increases the percentage of total sales to 7% of all General Fund revenues. Taxable sales transactions in the City of Alameda for the period ending December 31, 2008, decreased 2.8%, or $42,566, from the same quarter in the prior fiscal year. The top 25 businesses represent 53.4%, or $791,236, of the quarter's sales transactions. The top 100 businesses represent 77.3%, or $1,146,884, of the quarter's sales transactions. A historical comparison of per capita sales tax in Alameda to state and county totals is illustrated in Attachment 1. Additional attachments have been included in this report which summarize benchmark year comparisons for the current and previous eight quarters (Attachment 2); a historical sales tax per capita comparison for the past 10 years (Attachment 3); a sales tax capture analyses for Alameda for the 3rd calendar quarter (Attachment 4); comparison of sales by municipality within Alameda County (Attachment 5) and a comparison of third quarter sales within northern California (Attachment 6); a quarterly comparison of sales by benchmark year for Park and Webster Streets North of Lincoln and Park and Webster Streets South of Lincoln (Attachments 7-10) . Following is a comparison of the key economic categories with subcategory detail. City Council Agenda Item #4-C 05-19-09 Honorable Mayor and Members of the City Council May 19, 2009 Page2of3 Total Sales Transactions 4th Quarter 2008 4th Quarter 2007 Percent Change Economic Category Total Percent of Total Total Percent of Total -26.5% Transportation $268,956 18.1 % $366,030 24.0% -6.8% Food Products $391,653 26.4% $420,074 27.5% -19.5% General Retail $278,300 18.8% $345,704 22.7% 43.5% Business-to-Business $452,240 30.5% $315,092 20.7% 34.9% Construction $79,660 5.4% $59,069 3.9% -37.6% Miscellaneous $12,295 0.8% $19,703 1.3% -2.8% Total -Quarter $1,483,104 100.0% $1,525,672 100.0% Business-to-Business gained 43.5%, or $137,148, as a result of gains in the Light Industry segment. Construction gained 34.9%, or $20,591, as a result of gains in the building materials wholesale and retail segments. Transportation declined 26.5%, or $97,074, from a decrease in new and used vehicle sales and service station categories. A decline in Miscellaneous of 37.6%, or $7,408, reflects a decrease in the health and government and miscellaneous categories. A comparison of the geographic generation of sales tax for the third quarter of calendar year 2008, as compared to the same period in 2007, shows an overall loss of 2.8%, or $42,568, largely due to decreased sales at Alameda Point and Park Street North and South of Lincoln areas. Increases were noted in the Harbor Bay Business Park area as a result of several new businesses, with a smaller increase noted in the Webster South of Lincoln area. Total Sales Transactions 4th Quarter 2008 4th Quarter 2007 Percent Change Geographic Areas Total Percent of Total Total Percent of Total -30.4% Park -North of Lincoln $217,305 14.7% $312,309 20.5% -15.3% Park -South of Lincoln $154,151 10.4% $181,915 11.9% -10.0% Webster -North of Lincoln $87,636 5.9% $97,320 6.4% 2.4% Webster-South of Lincoln $30,798 2.1% $30,088 2.0% -4% Brid eside Center $57,076 3.8% $59,756 3.9% _8.1% Alameda Towne Centre $248,636 16.8% $270,556 17.7% -0.1 % Marina Villa a Sho in Center $39,308 2.7% $39,347 2.6% -5.5% Harbor Bay Landing $56,160 3.8% $59,456 3.9% -14.8% Marina Villa a Business Park $113,023 7.6% $132,650 8.7% 165.2% Harbor Bay Business Park $266,939 18.0% $100,658 6.6% -43.8% Alameda Point $29,235 2.0% $52,040 3.4% -3.6% All Other Areas $182,837 12.3% $189,577 12.4% -2.8% Total-Quarter $1,483,104 100.0% $1,525,672 100.0% Honorable Mayor and Members of the City Council FINANCIAL IMPACT May 19, 2009 Page3of3 As of December 31, 2008, fiscal year sales tax revenues were $3,753,424, or 73%, of the $5.1 million projected for fiscal year 2008-2009. In comparison, in the prior fiscal year, sales tax revenues were $3,232,316, or 66% of the $4.9 million projection. Therefore, there is little variation in percentage of sales tax receipts when comparing year to year. RECOMMENDATION Accept the Quarterly Sales Tax Report for the period ending December 31, 2008. Respectfully submitted, Glend Interim Fin ce Director ~~Y~~u- C By: Laura Gwynne Supervising Accountant GDJ/LG:dI Due to a computer complication at MBIA, the City sales tax consultant, graphs and charts, previously used, are not available at agenda deadline. This information will be provided at the City Council meeting of May 19, 2009. Attachment 1 Historical Gross Sales Tax Per Capita Comparison Attachment 2 Historical Amounts by Benchmark Year Attachment 3 Historical Sales Tax Per Capita by Calendar Year Attachment 4 Alameda 3~d Quarter 2008 Sales Tax Capture & gap Analysis Attachment 5 Sales Tax Net Cash Receipts Analysis in Alameda County Attachment 6 Northern California: Quarterly Comparison 2008Q4 to 2007Q4 Attachment 7 Historical Amounts by Benchmark Year -Webster St. North of Lincoln Attachment 8 Historical Amounts by Benchmark Year -Webster St. South of Lincoln Attachment 9 Historical Amounts by Benchmark Year -Park St. North of Lincoln Attachment 10 Historical Amounts by Benchmark Year -Park St. South of Lincoln CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: May 19, 2009 Re: Accept the Quarterly Treasury Report for the Period Ended March 31, 2009 BACKGROUND Each fiscal quarter an Investment Summary Report is provided to the City Council for review, per City policy. The report includes all cash available at quarter-end summarized in five major categories: 1) cash on hand -includes funds in petty cash, change boxes, and vault; 2) cash on deposit -funds in checking and payroll bank accounts; 3) working capital -funds on deposit with the Local Agency Investment Fund (LAIF); 4) idle cash -funds under management by registered investment advisors (RIAs); and 5) bond proceeds -funds on deposit with trustees or fiscal agents. Attachment 2 to this report is the Treasury Report for the fiscal quarter ending March 31, 2009. DISCUSSION As of March 31, 2009, the City's cash assets were as follows: March 31, 2009 Cash-on-hand $ 8,977 Cash-on-deposit 7,768,441 Workin ca ital 15,078,574 Idle cash 79,355,623 Bond proceeds 25,162,256 Total $127,373,871 The cash management portfolio summary also identifies the City's invested idle cash, as well as funds invested for various assessment district and bond funds. Detail as to rate, yield, maturity date, par, and market value, are also included. City Council Agenda Item #4D 05-19-09 Honorable Mayor and Members of the City Council May 19, 2009 Page 2 of 2 All investments have been made in accordance with the provisions of the City's approved Investment Policy (Attachment 3). The City of Alameda's expenditure requirements for the next 180 days are more than sufficiently covered by anticipated revenues from City operations and liquidity from cash on hand, working capital, or maturing investments. FINANCIAL IMPACT As of March 31, 2009, the City had received 86.09% of the projected interest income for fiscal year 2008-2009. RECOMMENDATION Accept the Quarterly Treasury Report for the period ending March 31, 2009. Respectfully submitted, ~~~~ Glen a a Interim Finance Director ~~~, By: Laura Gwynne Supervising Accountant GDJ:dI Attachment(s): 1. Review Letter from Kevin Kennedy, City Treasurer 2. Investment Portfolio Summary Report 3. Investment Policy cc: Kevin Kennedy, City Treasurer Ciry of Alameda California May 16, 2009 Honorable Mayor and City Council I have reviewed the City of Alameda's Treasury Report for the quarter ending March 31, 2009, and find that it complies with the Investment Policy established by my office. The interest of the Council is always appreciated. Si Kevin Kennedy City Treasurer KK/dl Kevin Kennedy, City Treasurer Office of the Ciry Treasurer 2263 Santa Clara Avenue, Room 220 Alameda, California 94501-4477 510.747.4881 Office • Fax 510.747.4890 • TDD 510.522.7538 City Council Attachment 1 to Agenda Item #4-D 05-19-09 O n ~ N 0~ M~ CO ~- O 7 h CO ~ M F- + _ h d' O O M h W W mv_OCO Nao~n Y ~ 00 00 O M O CV ~- 00 ~~ O M~ 0 Q Q h 0 (O N O V O~ W M M ~t 0 0 0 ~- W W J CO O l() O h ~- M r m V ~ 0 O aO ~ > s°DSC00ornvvcNOeo°h° Q h h r~ •- r M N LL w 0 0 0 0 0 0 0 0 (,~ 0 Q O h 0 0 00 m 0 0 O N O N W h 0 0 Q. 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'. .'.L'.' .:'.:. .': :. .t' ' ^ V I i i ~ i ~ i 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O 00 O N O 00 Cfl d' N N ~ r r r r .~ INVESTMENT POLICY STATEMENT OF PURPOSE It shall be the investment policy of the City of Alameda that all funds not required for immediate budgeted expenditures be invested in compliance with this statement as well as applicable federal and state legislation. Safeguards will be set into place to insure that adequate reserves are established and maintained to provide that cash in sufficient amounts will be available for those immediate expenditures as authorized by the City's budget. Funds so maintained will be deposited in a manner best serving the City. It will be further recognized that the City has a responsibility to insure the security of its assets and always maintain a level of quality so that the public at large will have the highest confidence that its best interests are being served. The purpose of this document is to identify various policies and procedures that enhance opportunities for a systematic investment process. The initial step toward a prudent investment policy is to organize and formalize investment related activities. Related activities, which comprise good cash management, include accurate cash projection, the expeditious collection of revenue, the control of disbursements, cost effective banking relations, and ashort-term borrowing program which coordinates working capital requirements and investmentopportunity. In concert with these requirements are the many facets of an appropriate and secure short-term investment program. II. SCOPE It is intended that this policy cover all short-term operating funds and investment activities under the direct authority of the City. These funds are described in the most current annual financial report and include: General Fund Capital Projects Fund Special Revenue Fund Enterprise Fund Internal Service Funds Fiduciary Funds Redevelopment Agency Funds This investment policy applies to all transactions involving the financial assets and related activities of the foregoing funds. City Council Attachment 3 to Agenda Item #4-D 05-19-09 III. OBJECTIVES A. Safety: Safety of principal is the foremost objective of the City, followed by liquidity and yield. Each investment transaction shall seek to first insure that capital losses are avoided, whether they are from securities default or erosion of market value.. Investment decisions should not incur unreasonable investment risks in order to obtain current investment income. B. Liquidity: The City's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonably anticipated. This need for investment liquidity may be tempered to the extent that the City is able to issue short-term notes to meet its operating requirements. Emphasis will be on marketable securities with low sensitivity to market risk. C. Yield: The investment portfolio shall be designed to attain a marketaverage rate of return throughout budgetary and economic cycles, taking into account the City's risk constraints, the cash flow characteristics of the portfolio, and state and local laws, ordinances or resolutions that restricts the placement of short term funds. D. The investment portfolio shall be diversified to avoid incurring unreasonable and avoidable risks regarding specific security types or individual financial institution. E. The City shall adhere to the guidance provided by the "prudent investor rule", which obligates a fiduciary to insure that: "...investment shall be made with the exercise of that degree ofjudgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation but for investment considering the probable safety of their capital as well as the probable income to be derived." F. All participants in the investment process shall act reasonably as custodians of the public trust. Investment officials shall recognize that the investment portfolio is subject to public scrutiny and evaluation. The overall program shall be designed and managed with a degree of professionalism that is worthy of the public trust. Nevertheless, in a diversified portfolio, it must be recognized-that occasional measured losses are inevitable, and must be considered within the context of the overall portfolio investment return, provided that adequate diversification has been implemented. G. Investments are to be made that will bear in mind the responsibility of city government to its citizens. Investments which encourage the betterment of the human condition will be sought. Alternative investments which enhance the quality of life will be given full consideration. Investments which serve to only enrich a few to the detriment of the people will be strictly avoided. H. No investment is to be made in a company that receives more than 15% of gross revenues from the production or manufacture of cigarettes, alcohol, or gambling products. 2 IV. DELEGATION OF AUTHORITY Article V of the Charter of the City. of Alameda places sole custody of the City's funds with the Treasurer. Further, Section 53636 of the Government Code of the State of California provides that money on deposit is deemed to be in the treasury of the City: Although the responsibility for conducting the City's investment program resides with the Treasurer, the day to day investment function is hereby delegated to the Finance Director who shall establish written procedures for the operation of the investment program, consistent with this investment policy. Such procedures shall include explicit delegation of authority for all investment activities. This procedure is attached hereto and marked as Attachment "A". V. INVESTMENT ADVISORY COMMITTEE An Investment Advisory Committee has been. formed for the purpose of overseeing the implementation of the City's investment program and assuring it is consistent with the investment policy as approved by the City Council. The advisory committee shall consist of the City Treasurer, Finance Director (as representative of the City Manager) and the Investment Officer. The Investment Advisory Committee will meet as needed or as market or economic condition changes to determine general strategies and to monitor results. The committee shall include in its deliberatioris such topics as: economic outlook, portfolio diversification and maturity structure, potential risks to the City's funds, approve) of authorized financial institutions, and the target rate of return on investment portfolio. The written investment procedures shall be approved by the investment advisory committee on an annual basis. Quarterly: The Finance Director with the concurrence of the Treasurer shall submit a quarterly investment report to the City Council. This report will describe all investment transactions during the quarter, compute average yield and average life ofthe portfolio as well as all required elements of the quarterly report as prescribed by Government Code Section 53646. VI. INVESTMENT INSTRUMENTS Investment instruments authorized for purchase. include: A. United States treasury bills'or certificate of indebtedness or those forwhich the faith and credit of the United States are pledged for the payment of principal and interest. B. Insured or collateralized certificates of deposit issued by a nationally or state chartered bank orstate orfederal association. In accordance with California statutes, Citydeposits including collateralized certificates of deposit shall not exceed the total paid-up capital (to include capital notes and indentures) and surplus of any depository bank, or the total of the net worth of any savings and loan association. C. Prime bankers acceptances with maturities less than one hundred eighty days, which are eligible for purchase by the Federal Reserve System, and are issued by the top fifty 3 banks in the world, or any qualified depository in the State of California. Purchases from any one bank may not exceed thirty percent of the City's investment portfolio. D. Securities of government agencies such as the Federal Home Loan Bank, Federal Farm Credit and Federal National Mortgage Association, a maximum of 25% per issuer, and a maximum of 75% in total. E. Prime commercial paper with AI/PI rating as provided for by a nationally recognized statistical-rating organization (NRSRO). Purchases of commercial paper may not exceed 270 days maturity and no more than 25% of the City of Alameda's portfolio. F. Medium term corporate notes with a maximum maturity of five years issued by corporation doing business in the Untied States which are rated "A" or its equivalent or better by one or more of the following national rating: Moody's, Standard and Poor's, Fitch's or Keefe's. Investment in medium term corporate notes shall not exceed 30% of the City of Alameda's portfolio. G. State of California Local Agency Investment Fund. H. County Agency Investment Funds, a maximum of 15%. Repurchase Agreements. Domestic money market mutual funds registered with the Federal Securities and Exchange Commission (SEC) and which are rated in the highest rating category by a nationally recognized .rating service or which only invest in: a) U.S. Government or federal agency securities and repurchase agreement, b) other investment instruments specifically included in the local investment policy, or c) tax exempt obligations. K. Other instruments as authorized under Section 53601 and 53634 of the Government Code. L. California Asset Management Program (CAMP). M. Negotiable Certificates of Deposit, a maximum of 30%. VII. INVESTMENT TERMS AND CONDITIONS A. The following terms and conditions shall apply to the use of repurchase agreements: 1. Securities purchased under the repurchase agreement shall be limited to the securities and qualifications listed above. 4 2. Securities shall bemarked-to-market, and shall be maintained at a value equal to or greater than the cash investment. 3. The market value of the securities that underlay a repurchase agreement shall be valued at 102%. 4. All securities under a repurchase agreement shall be held by a third party custodian or safekeeping agent. Transfer of underlying securities to a counterparty bank's customer book entry account may be used for book entry deliivery, and a counterparty bank's trust department or safekeeping department may also be used for physical delivery of the underlying security. 5. The seller of repurchase securities shall not be entitled to substitute securities, except as authorized by the City. New or substitute securities should be reasonably identical to the original securities in terms of maturity, yield, quality and liquidity. 6. As soon as possible, a master purchase agreement will be executed between the City and all trading partners. B. The following terms and conditions shall apply to the use of commercial paper: 1. Maturities shall be limited to two hundred seventy days or less. 2. Purchase must be of the highest letter and numerical rating as provided for by Moody's or Standard and Poor's or Fitch Financial Services, Inc. 3. Purchases must be limited to corporations organized and operating within the United States, and as a practical matter generally only those corporations operating within the State of California, having total assets in excess of five hundred million dollars, and having an "A" or higher rating for the issuer's debentures, other than commercial paper (as-provided by Moody's or Standard and Poor's rating services). 4. Purchase may not represent more than ten percent of the outstanding paper of an issuing corporatioh. C. The following terms and conditions shall apply to the use of negotiable certificates of deposit: Certificates with maturities greater than six months through one year have an "A" rating or its equivalent or better as provided for by one of the four following national rating services: Moody's, Standard and Poor's, Fitch's or Keefe's. 2. Certificates with maturities greater than one year and through four years shall have an "AA" or its equivalent; or higher rating from one or more of the four following national rating services: Moody's, Standard and Poor's, Fitch's or Keefe's. 5 D. The following terms and conditions shall apply to the use of medium term corporate notes: If securities owned by the City are downgraded by either Moody's or S&P to a level below the quality required by this Investment Policy, it shall be the Agency's policy to review the credit situation and make a determination as to whether to sell or retain such securities in the portfolio. a. If a security is downgraded two grades below the level required by the City, the security shall be sold immediately. b. If a security is downgraded one grade below the level required by this policy and matures within 6 months, the securitywill be held to maturity. The CityTreasurermay determine to sell the security if it is determined that there is a probability of default prior to maturity. c. If a decision is made to retain a downgraded security in the portfolio, its presence in the portfolio will be monitored and reported monthly to the City Council. VIII. PRUDENCE The standard of prudence to be used by investment officers shall be the "prudent person rule", and shall be applied in the.context of managing an overall portfolio. Investment officers acting in accordance with written procedures and exercising due diligence will be relieved of personal liability for an individual security credit risk or market price changes, provided that deviations from expectations are reported on a timely fashion, and appropriate action is taken to control adverse developments. IX. INTERNAL CONTROLS The City Auditor will establish a system of internal controls, which shall be documented in writing. The controls shall be designed to prevent losses of public funds arising from fraud, employee error, misrepresentation by third parties, unanticipated changes in financial markets or imprudent actions by employees and officers of the City. Controls deemed most important include: control of collusion," segregation of duties, separating transaction authority from accounting and recordkeeping, custodial safekeeping, clear delegation of authority, specific limitations regarding securities losses and remedial action, written confirmation of telephone transactions, minimizing the number of authorized investment officials, documentation of transactions and strategies and code of ethical standards. X. BANKS AND SECURITIES DEALERS In selecting financial institutions for the deposit or investment of City funds, the Treasurer will . consider the credit rating of the institutions. The Treasurer will continue to monitor financial institutions' credit characteristics and f nancial history throughout the period in which City funds are deposited or invested. The Treasurer shall approve all financial institutions from whom securities are purchased. 8 XI. MATURITY The City will not invest in instruments whose maturities exceed five years at the time of purchase. It is the intent that investments shall be managed in such a way that any market price losses resulting from interest-rate volatility would be offset by coupon income and current income received from the overall portfolio during a twelve month period. XII. DIVERSIFICATION It is the policy of this City to diversify the investment portfolio in order to reduce the risk of loss resulting from over concentration of assets in a specific maturity, a specific issuer or a specific class of securities. The following strategies and constraints shall apply: A. Portfolio maturities will be staggered in a way that avoids undue concentration of assets in specific maturity sector. Maturities shall be selected which provide for stability of income and reasonable liquidity. B. Concern for liquidity shall be insured through practices that include covering the next vendor disbursement date and payroll date through maturing investments or United States Treasury bills. C. Risks of market price volatility shall be controlled through maturity and issuer diversification. XIII. RISK TOLERANCE The City recognizes that investment risks can result from issuer defaults, market price changes or various technical complications leading to temporary illiquidity. A: Credit risk, defined as the risk of loss due to failure of the issuer of a security, shall be mitigated by investing in high grade securities and by diversification. B. Market risk, defined as market value fluctuations due to overall changes in market price and rate, shall be mitigated by eliminating the need to sell securities prior to maturity and avoiding the purchase of long term security for the sole purpose of short term speculation. XIV. OTHER CONSIDERATIONS A. All transactions will be executed on a delivery versus payment basis. B. Wire Transfers: Whenever possible pre-formatted wire transfers will be used to transfer funds to pre-authorized accounts. C. The City will not enter into reverse repurchase agreements, nor trade in options or future contracts. However, the Investment Advisory Committee will review and make recommendations regarding the future use and application of these instruments. 7 D: From time to time a competitive bid process, utilizing a minimum of three financial institutions deemed eligible by the Treasurer, will be used to place investment purchases. The City shall transact business only with banks, savings and loans, and with brokers/dealers approved by the Investment Advisory Committee. E. In the event of an absence or replacement of the City's Investment Officer, the authority to invest in all maturities beyond six months shall be regulated by controls and restraining requirements and documented in written investment procedures. In order to assist in identifying "qualified financial institutions" the Treasurer will forward copies of the City's Investment Policy to those financial institutions with which the City is interested in doing business and require written receipt of the policy. F. Safekeeping and Custody Securities purchased from brokers/dealers shall be held in a third party custodian account, which the City has established for safekeeping. Said securities are to be held in the name of the City with the trustee executing investment transactions as directed by the appropriate City official. Collateral for time deposit in savings and loans is to be held by the Federal Home Loan Bank. Collateral for time deposits in banks is to be held in the City's name in the bank trust department or by the Federal Reserve Bank. G. Confirmation Receipts for confirmation of purchase of authorized securities must include trade date, pay value, maturity, rate, price, yield, settlement date, description of securities purchased, agency's name, and third parry custodian information. H. Preference Where all otherfactors are equal, as a final consideration the following preference will be given in order: , a. Institutions principally located in the City b. Institutions principally located in the County c. Institutions principally located in the State d. Institutions principally located in the United States Trust Agreements The City shall direct the investment activities of trustees. Such direction shall be in keeping with the terms and condition of its trust agreements, applicable law and policies set forth in the Investment Policy. In addition to the acceptable investment instruments listed in Section VI, A thru K, bonds proceeds may be invested in: 8 a. Shares in a trust established pursuant to the Government code, Title 1, Division 7 and Chapter 5, investing in securities permitted under Section 53635; b. Other investment instruments allowed by State law which comply with requirements imposed by bond insurance and rating agencies. C rti 'ed by: f; ` ~' Kevi Kennedy City Treasurer Attachment 9 ATTACHMENT A Matrix of Recommended Segregation of Responsibilities of the Treasury Functions Function Res onsibilities 1. Authorization of investment transactions: • Format Investment Policy should be re ared b Treasurer* • Submitted to Governing Body • Reviewed investment transactions a roved at the end of each uarter Treasurer 2• Treasurer delegates to Chief Financial Officer and Supervising Accountant Execution of Investment transactions*** Revenues ' 3. Timel recordin of investment transactions: • Recording of investment transactions in the Treasurer's records Supervising Accountant (Revenues) • Recording of investment transactions in the accountin records Supervising Accountant (General Led er g ) 4, Verification of investment, i.e. match broker Treasurer or Supervising Accountant confirmation to treasurer's records (Revenues) 5. Safe uardin of Assets and Records: • Reconciliation of Treasurer's records to the Accountin Records Su ervisin Accountant p 9 ** (General Ledger) • Reconciliation of Treasurer's Records to bank statements and safekee in records Su ervisin Accountin g ) p g g ** (General Led er • Review of (a) financial institution's financial condition, (b) safety, liquidity, and potential yields of investment instruments, Treasurer and (c) reputation and financial conditions of investment brokers Treasurer's Vault Treasurer • Periodic review of collateral should be erformed Treasurer 6. Management's periodic review of the investment portfolio as prepared by the Treasurer -key areas that should be reviewed a.re investment types, purchase price, market values, maturity dates and investment yields as well as Independently assigned reviewing conformance to stated investment policy. All authority.*** transactions, excluding purchases of certificates of deposits, are on delivery versus payment basis to a third a " With input from Chief Financial Officer via consultation ** This individual may be an Assistant Finance Director or Supervising Accountant **'~ Personnel assigned to this task should have the capabilities commensurate with the responsibilities. This position requires knowledge of investments and familiarity with the formal Investment Policy. CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: May 19, 2009 Re: Set June 2, 2009, for a Hearing to Consider Collection of Delinquent Business License Fees Via the Progertv Tax Bills BACKGROUND City of Alameda Ordinance No. 2655 added Municipal Code Section 5-7.2, "License a Debt." Specifically, the ordinance provides for the collection of delinquent business license fees and charges via the property tax bill. DISCUSSION The Finance Department continually pursues collection of business license taxes from owners and managers of commercial and multi-family residential rental properties who have no current business license. Property owners are notified by mail using the last mailing address shown in the County tax records and are given ample time to respond prior to the City sending final collection notices. The notices contain contact information written in the six languages most commonly spoken within the city. Payments are accepted through June 30. Those parcels for which licenses and fees are paid will not be placed on the tax roll. However, all unpaid fees at June 30 will be recorded on the County tax roll on July 1, 2009. FINANCIAL IMPACT Delinquent fees will be determined at the close of business on June 30, 2009. This is the final day of acceptance of the late payments. RECOMMENDATION Set June 2, 2009, for a public hearing to consider collection of delinquent business license fees via the property tax bills. Respectfully submitted, ~1~~ Glen a Interi Fin ce Director City Council Agenda Item #4-E 05-19-09 CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: May 19, 2009 Re: Seta Public Hearing for Delinquent Integrated Waste Management Charges for June 16, 2009 BACKGROUND In accordance with Chapter XXI, Solid Waste and Recycling, of the Alameda Municipal Code (AMC) and the Franchise Agreement between the City of Alameda and Alameda County Industries (ACI), ACI may assign delinquent integrated waste management (IWM) accounts to the City for collection through the property tax. Prior to assigning their rights to the City, ACI is obligated to make at least four attempts to collect the delinquent accounts. The City Council is required to hold a public hearing prior to collecting through the property tax bills. DISCUSSION On March 25, 2009, ACI assigned a list of 55 delinquent IWM accounts, with an unpaid balance of $21,715.75, excluding penalties, interest, and City fees, to the City for collection. As part of the Franchise Agreement, the City is obligated to pay ACI for all delinquent accounts. In accordance with the AMC, the City may send a letter to each account's property owner requesting payment, and if not promptly received, the City may consider collecting delinquent accounts by means of the property tax bills at a noticed public hearing. The list of the delinquent accounts is attached. FINANCIAL IMPACT The City receives a 10% franchise fee from ACI, which is revenue for the General Fund. Unpaid IWM fees, therefore, result in a loss in General Fund revenues. MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE The City's IWM Program is consistent with the General Plan Health & Safety Element Guiding Policy 8.4.k and is consistent with the Waste and Recycling Initiative of the Local Action Plan for Climate Protection. City Council Agenda Item #4F 05-19-09 Honorable Mayor and Members of the City Council RECOMMENDATION Set a public hearing for delinquent IWM charges for June 16, 2009. Respec II ubmitted, Matthew T. Naclerio Public Works Director By: Mar e Public MTN:MM:gc Attachment(s): 1. Lien List h~~~~ clean orks Coordinator May 19, 2009 Page 2 of 2 Approved as to funds and account, Glen a . J Interim Fin ce Director cc: Louie Pellegrini, ACI Delinquent IWM Accounts TOTAL DUE APN SERVICE ADDRESS PROPERTY OWNER(s) $ 498.39 072-0295-007 1715 BUENA VISTA AVE BENSON DOROTHY M $ 1,892.74 071-0246-025 1224 CHESTNUT ST GORMAN, WILLIAM $ 267.91 074-0443-010 537 PALACE CT # 1 /2 WELLS FARGO BK NA 2007- NCW/03/02/09 $ 169.93 074-1044-032 104 SABLE PT US BANK NA 2005-A3 $ 271.13 074-1322-004 621 SHEFFIELD RD EWART SHEILA H $ 710.59 074-1255-104 1810 CLINTON AVE #A CAVANAUGH, JEFFREY &CARA $ 530.39 071-0232-008 2161 PACIFIC AVE CHIN, CHONG HUI $ 317.03 071-0282-005 1812 BUENA VISTA AVE ACOSTA, PAULINA & REMEDIOS $ 375.61 072-0331-020 1560 LINCOLN AVE #C DIXON, DOLORES $ 634.78 074-1255-104 1810 CLINTON AVE # B CAVANAUGH, JEFFREY &CARA $ 513.55 073-0423-010 1417 PAGE ST DAVIS DONALD G J TRUST $ 841.58 070-0182-044 1076 PARK AVE DU CANH M $ 271.13 073-0392-003 1417 SAINT CHARLES ST #A AUGUSTINE CONNIE $ 364.20 073-0392-003 1417 SAINT CHARLES ST # B AUGUSTINE CONNIE $ 426.25 074-0449-128 447 LINCOLN AVE DEL ROSARIO, JOSEF & ALMA $ 775.69 074-1352-067 3 EGRET CT GUINTU, JESUS & RACHEL $ 558.08 071-0248-015 2029 CENTRAL AVE ONEILL MICHAEL & ROSALIE A $ 468.59 072-0297-003 1730 BUENA VISTA AVE JONES, PAMELA $ 656.08 069-0095-045 3261 CENTRAL AVE LEVERTON, PATRICIA $ 520.02 073-0387-022 1628 CHAPIN ST KELLAR, WILLIS L SR $ 735.72 074-1039-117 301 LAGUNARIA LN LEVERTON, PATRICIA J. $ 505.09 074-1270-062-01 717 PARU ST HALL, KEITH D $ 342.90 074-1033-049 3422 SOLOMON LN HINES ROBERT S 656.08 073-0383-017 1808 CHAPIN ST KASO, JOHN & E K $ 238.51 074-1038-099 122 ASBY BAY JONES ARTHUR C & SUSAN $ 336.23 070-0145-020 2701 OTIS DR MERGED, EDUERDO Page 1 of 2 City Council Attachment to Agenda Item #4-F 05-19-09 Delinquent IWM Accounts TOTAL DUE APN SERVICE ADDRESS PROPERTY OWNER(s) $ 342.90 074-1352-042 5 PLOVER CT LIM JIMMY S $ 447.29 074-1329-044 1850 KOFMAN PKWY JORDAN LAMONT $ 422.4$ 073-0388-019 1043 SANTA CLARA AVE # B CENTENO, ALEX & TAMARA $ 287.48 073-0402-005-01 842 CENTRAL AVE KEEFE ENTS TRUSTOASSESSORS- KEEFE,DENNNIS JTRUST $ 249.83 071-0252-005 2021 PACIFIC AVE NAJDEK SAMUEL S 402.59 070-0146-002 2708 WASHINGTON ST MERGED, EDUARDO $ 447.29 074-1326-112 6 SHANNON CIR SARASPI LISA D & MARCIANO $ 509.64 074-1037-012 255 BEACH RD PASLEY, EVA $ 687.72 069-0136-012 1004 VERSAILLES AVE SWAIN, MICHAEL JR & RAINBOW $ 374.92 071-0221-005 1709 OAK ST WILLIAMS STUART S $ 342.90 074-1230-059 849 CEDAR ST CABRERA PETRA & JAIME $ 447.29 070-0169-044 2525 WEBB AVE PAINE MARC & TRACIE $ 632.28 070-0148-016 1109 PEARL ST TEDESCO, MICHAEL $ 473.00 074-0436-008 535 PACIFIC AVE # B SARASPI, LISA & MARCIANO $ 372.24 072-0329-024-01 1572 BUENA VISTA AVE # 3 TOWATA CAROL S./WIENER JUDITH H• S 398.02 074-1038-006 205 BAYWOOD RD CHUNG, SHINAE $ 339.19 070-0149-006 2716 SAN JOSE AVE NGUYEN, NGOCAHN N. $ 306.85 072-0329-009 1591 PACIFIC AVE #A KOKA, MOTI $ 879.27 190 W TRIDENT AVE KERWIN, STEVE $ 22,241.39 Page 2 of 2 CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: May 19, 2009 Re: Adopt a Resolution to Preliminarily Approve the Annual Report Declaring the City's Intention to Order the Levy and Collection of Assessments and Providing for Notice of Public Hearing on June 16, 2009 -Island City Landscapina and Liahtina District 84-2 BACKGROUND In accordance with the Landscape and Lighting Act of 1972, the City Council is required to annually appoint an Engineer and an Attorney to prepare an Engineer's Report and adopt a resolution that preliminarily approves the report, declares the City's intent to levy and collect the assessment, and set a public hearing date on the proposed assessments. The resolution is required to be published at least once in a local paper with a minimum of ten days between the first publication of the City's resolution and the public hearing. On February 3, 2009, the City Council appointed an Engineer and an Attorney for the Landscaping and Lighting Assessment District (CLAD) 84-2, and authorized the preparation of the Engineer's Report. DISCUSSION The Engineer's Report has been prepared in accordance with Section 22565 et seq. of the California Streets and Highways Code. A copy of the Engineer's Report is on file in the City Clerk's office and at all Alameda Library branches. The report provides an annual budget to maintain the improvements within Zones 1 through 7 of CLAD 84-2. The purpose of an assessment district is to provide for enhanced maintenance not typically performed by the City. The Engineer's Report provides an estimate of cost by each of the seven zones (see attached maps) to be addressed for fiscal year 2009-2010. The zones and enhanced maintenance work are: Zone 1 -Lincoln Avenue between Sherman Street and St. Charles Street: This zone is responsible for the maintenance of the landscaped median in the 1100 and 1200 blocks of Lincoln Avenue, including the utilities for operating the irrigation. For fiscal year 2009/2010, the property assessments will remain unchanged from the previous year's assessment. City Council Report Re: Agenda Item #4-G 05-19-09 Honorable Mayor and May 19, 2009 Members of the City Council Page 2 of 4 Zones 2 and 3 -Webster Street from Central Avenue to Lincoln Avenue and Webster Street from Lincoln Avenue to Atlantic Avenue: These two zones work together and fund landscape maintenance, semi-annual sidewalk steam cleaning, and seasonal banners/decorations. In addition, the West Alameda Business Association (WABA) oversees a $55,000 annual contract, partially funded by the LLAD, for daily litter and graffiti removal, cleaning of the sidewalk and other public areas, weekly mechanical sweeping of the sidewalk, and associated supplies. Assessments have remained unchanged since the early 1990s. Currently, the revenues received through the assessments from these zones cover only 73% of the total budget for Zone 2 and 74% for Zone 3. As previously reported to the City Council, the budgets for Zones 2 and 3 have relied on reserve funds that accrued while the Webster Street Streetscape project was under construction to close the funding gap. In 2007, a ballot to increase assessments failed, and the WABA Board is not supportive of another ballot measure to increase assessments for at least another two years, due to the current economic condition. Delaying an increase for an additional two years, to fiscal year 2011/2012, will require an immediate and permanent reduction of $5,200 from the current maintenance expenses. The WABA Board will accommodate this reduction by using other funding available to it or reducing their contract obligations by reducing the contractor scope of work. If assessments are not increased by fiscal year 2011/2012, additional reductions will be required. Zone 4 -Park Street from the Park Street Bridge to San Jose Avenue, including areas of Webb Street, Santa Clara Avenue. Lincoln Avenue, and Central Avenue: This zone funds landscape maintenance, semi-annual sidewalk steam cleaning, supplies, and seasonal banners/decorations. In fiscal year 2008/2009, the zone, through the Park Street Business Association (PSBA), contributed approximately $54,000 to partially fund two part-time employees who perform litter and graffiti removal, and daily mechanical sweeping of the sidewalk and other public areas. Assessments have remained unchanged since the early 1990s. PSBA anticipated that a general assessment increase would be considered for fiscal year 2009/2010; however, they have revised their projections due to the current economic conditions. Based on discussions with and concurrence by PSBA, the maintenance budget has been adjusted to be within the projected revenues, and reserve funds will not be used to subsidize these expenses. This will reduce the maintenance budget by $4,600 and result in a decrease in maintenance frequency. In addition, PSBA proposes to eliminate the installation and removal of the American flags along the Park Street corridor at a cost savings of approximately $1,000. PSBA intends to pursue outside funding forthis work. Honorable Mayor and May 19, 2009 Members of the City Council Page 3 of 4 Zone 5 -Harbor Bav Business Park: This zone funds irrigation and landscape maintenance costs within the Harbor Bay Business Park (HBBP), including tree trimming, sidewalk and pathway repairs, and streetlight maintenance costs. The budgetforthis zone is developed in conjunction with the HBBP Association. Based on previous approval by the property owners, an automatic Consumer Price Index (CPI) increase can be applied to the assessment. This year, the revenues received from this zone will cover approximately 68% of the proposed fiscal year 2008/2009 maintenance budget. The property owners have requested an allocation of $350,000 from reserves tofund a re-landscaping project for the medians. The project will result in a reduction of sod with a reciprocal reduction in overall maintenance and utility costs. Recovery of cost is estimated at ten years. This will leave an unallocated reserve of approximately $150,000. Staff concurs with this request. For fiscal year 2009/2010, the proposed property assessment includes an annual CPI increase of 1.20%, which increases revenues by $8,768. Zone 6 -Alameda Marina Village Commercial. Areas: This zone funds irrigation and landscape maintenance costs within the commercial areas of Marina Village, including tree trimming, sidewalk and pathway repairs, street lighting maintenance, and energy costs. The budget for this zone is developed in conjunction with the Marina Village Management group. Based on previous approval by the property owners, an automatic CPI increase is applied to the assessment. The proposed budget for this district includes an annual CPI increase of 1.20%, which increases revenues by $4,063. Zone 7 -1100 and 1200 blocks of Bav Street: This zone was created at the request of the property owners who wanted enhanced maintenance for the elm trees along Bay Street. The revenues received from this zone cover approximately 90% of the total maintenance budget. The property owners request that the assessments remain at $150 per property. Staff supports this request, as there are sufficient long-term maintenance reserve funds available to fund the proposed maintenance budget. For fiscal year 2009/2010, the property assessment will be $150 per property. Staff proposes that the City Council adopt a resolution to preliminarily approve the Engineer's Report and set the regular City Council meeting of June 16, 2009, as the date for the public hearing. FINANCIAL IMPACT The City, through the budgets of the Public Works, Golf, and Recreation & Park Departments, shares in the cost of maintaining the shoreline park and median area within Zone 5. These costs are included within the operating budget for each department. Honorable Mayor and May 19, 2009 Members of the City Council Page 4 of 4 MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE This action does not affect the Municipal Code. RECOMMENDATION Adopt a resolution to preliminarily approve the annual report declaring the City's intention to order the levy and collection of assessments and providing for notice of public hearing on June 16, 2009 -Island City Landscaping and Lighting District 84-2. Respectfully submitted, ~~ Matthew T. Naclerio ublic Works Director (~ By: rge McLean lic Works Coordinator Approved as to funds and account, t=~'~/ Glend D J Interim finance Director MTN:MM:gc Attachment(s): 1. Zones 1 through 7 maps V~ y 4 U ~ T .~ ~ V t ~ 2 i 2 ~ 2 C j ~ ~i ~,2 ~< ~2 ~ b~ V~ ~~Q y'r t.W > 7S Nb'Wd!?HS z`z'~ ~? it 2~ j O ~_~. 22 ~~ t2. /D-O/O a7 ioO ~ < ate. 7c~. ? ~' ? ~ 2 ~ 2a~ ?~ ~~ ~W h lV 'ib-BOO ~ ~ ~, : j v ~ V J W p ~ _ ~ [~~~ ~~2 ti4 \2 VAC oD•LO ~C f~ `I DO-rrv as-.op ^~ ~ iv-COO 01 -- ~. 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PRELIMINARILY APPROVE THE ANNUAL REPORT DECLARING THE CITY'S INTENTION TO THE ORDER LEVY AND COLLECTION OF ASSESSMENTS AND PROVIDING FOR NOTICE OF PUBLIC HEARING JUNE 16, 2009 -ISLAND CITY LANDSCAPING AND LIGHTING DISTRICT 84-2 a r WHEREAS, the City of Alameda (the "City") has duly created the Island City Landscaping and Lighting District 84-2 (the "District") underthe Landscaping and Lighting Act of 1972 (Sections 22500 and following of the Streets and Highways Code of California) (the "Act") to install and maintain certain landscaping and lighting improvements (the "Improvements"); and WHEREAS, the City has directed the City Engineer, as engineer of work for the District, to file an annual report in accordance with the Act, and that report is on file with the City, and shows the proposed improvements and the estimated costs and assessments, all for the fiscal year 2009/2010. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda that: 1. The report of the engineer of work on file with the City is hereby preliminarily approved and the City intends to levy assessments on the properties shown in the report for the fiscal year 2009/2010, subject to any changes that maybe ordered by the City Council. 2. On June 16, 2009, at the hour of 7:30 o'clock P.M., the City Council will hold a public hearing on the proposed improvements and the proposed assessments for the fiscal year 2009/2010. The hearing will be held at the meeting place of the City Council, in the Alameda City Hall, 2263 Santa Clara Avenue, Third Floor, Council Chambers, Alameda, California, 94501. 3. The City Clerk is authorized and directed to give notice of the hearing required by the Act by publishing a copy of this resolution at least once in the Alameda Journal, a newspaper regularly published and circulated in the City. The first publication shall be not later than ten days before the date of said hearing. 4. The Public Works Department is directed to mail notices to all property owners who are experiencing an increase in assessment from the 2008/2009 fiscal year. These notices will list the total amount chargeable to the district, the amount chargeable to the owner's parcel, the duration of the payments, the reason for the assessment, and the basis upon which the amount of the proposed assessment was calculated. These notices will also advise property owners of the procedures for conducting a ballot. Resolution #4-G CC 05-19-09 5. Interested persons should contact Marge McLean of the City of Alameda Public Works Department, 950 West Mall Square, Room 110, Alameda, California 94501, telephone number (510) 749-5896, regarding this hearing, the assessments, and the report. ***** 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 19t" day of May, 2009, by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 20t" day of May, 2009. Lara Weisiger, City Clerk City of Alameda CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: May 19, 2009 Re: Adopt a Resolution to Preliminarily Approve the Annual Report Declaring the City's Intention to Order the Levy and Collection of Assessments and Providing for Notice of Public Hearing on June 16, 2009 -Maintenance Assessment District 01-01 (Marina Cove) BACKGROUND In accordance with the Landscape and Lighting Act of 1972, the City Council is required to annually appoint an Engineer and an Attorney to prepare an Engineer's Report and adopt a resolution to preliminarily approve the report, declare the City's intent to levy and collect the assessment, and set a public hearing date on the proposed assessments. The resolution is required to be published once in a local paper with a minimum of 10 days between the first notice by publication of the resolution and the public hearing. On February 3, 2009, the City Council appointed an Engineer and an Attorney for the Maintenance Assessment District 01-01 (MAD), in Marina Cove and authorized the preparation of the annual budget report. DISCUSSION The Engineer's Report has been prepared in accordance with Section 22565 et seq. of the California Streets and Highways Code. A copy of the Engineer's Report is on file with the City Clerk's office. The report provides an annual budget to maintain the public improvements within the MAD. It is recommended that the assessments be increased by 1.20%, which is the Consumer Price Index (CPI) for the Bay Area for the year ending February 2009. An annual CPI increase was pre-approved when the district was established, and a vote of the property owners is not required. Staff proposes that the City Council adopt a resolution to preliminarily approve the Engineer's Report and set the regular City Council meeting of June 16, 2009, as the date for the public hearing. FINANCIAL IMPACT The MAD was formed to maintain public improvements associated with the Marina Cove Development. The funds that are not expended remain within this assessment district for use against future expenses. There is no impact to the General Fund. City Council Report Re: Agenda Item #4H 05-19-09 Honorable Mayor and May 19, 2009 Members of the City Council Page 2 of 2 MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE This action does affect the Municipal Code. RECOMMENDATION Adopt a resolution to preliminarily approve the annual report declaring the City's intention to order the levy and collection of assessments and providing for notice of public hearing on June 16, 2009 -Maintenance Assessment District 01-01 (Marina Cove). Respec fully submit d, Matthew T. Naclerio Public Works Director By: ~~ C ,~ Marge Lean Public orks Coordinator MTN:MM:gc CITY OF ALAMEDA RESOLUTION NO. E L 0 ~a L ~. w PRELIMINARILY APPROVE ANNUAL REPORT DECLARING INTENTION TO ORDER THE LEVY AND COLLECTION OF ASSESSMENTS AND PROVIDING FOR NOTICE OF PUBLIC HEARING JUNE 16, 2009 - MAINTENANCE ASSESSMENT DISTRICT 01-01 (MARINA COVE) WHEREAS, the City of Alameda (the "City") has duly created the Maintenance Assessment District 01-01 (the "District") pursuant to Chapter 3, Article V of the Alameda Municipal Code, and Resolution No. 12417 to install and maintain certain landscaping and lighting and other improvements (the "Improvements"); and WHEREAS, the City has directed the City Engineer, as engineer of work for the District, to file an annual report in accordance with the Landscaping and Lighting Act of 1972 ("Act"), and that report is on file with the City and shows the proposed improvements and the estimated costs and assessments, all for the fiscal year 2009-20010: NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Alameda that: 1. The report of the engineer of work on file with the City is hereby preliminarily approved and the City intends to levy assessments on the properties shown in the report for the fiscal year 2009-2010, subject to any changes that maybe ordered by the Council. 2. On June 16, 2009, at the hour of 7:30 o'clock P.M., the Council will hold a public hearing on the proposed improvements and the proposed assessments for the fiscal year 2009-20010. The hearing will be held at the meeting place of the City Council, in the Alameda City Hall, 2263 Santa Clara Avenue, Third Floor, Council Chambers, Alameda, California, 94501. 3. The City Clerk is authorized and directed to give notice of the hearing required by the Act, as that Act is incorporated in Chapter 3, Article V of the Alameda Municipal Code, by publishing a copy of this resolution twice in the Alameda Journal, a newspaper regularly published and circulated in the City. The first publication shall be not later than ten days before the date of said hearing. 4. Interested persons should contact Marge McLean of the City of Alameda Public Works Department, 950 W. Mall Square, Room 110, Alameda, California 94501, telephone number (510) 749-5840, regarding this hearing, the assessments and the report. ******,~ Resolution #4-H CC 05-19-09 I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 19t"day of May, 2009, 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 20th day of May, 2009. Lara Weisiger, City Clerk City of Alameda CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: May 19, 2009 Re: Authorize the Interim City Manager to Apply for a Permit from Dredged Material Management Office and Other Necessary Agencies for Dredging of the Harbor Bay Ferry Channel; Authorize CLE Engineering, Inc. of Novato, California to Represent the City of Alameda on all Matters Pertaining to Dredged Material Management Office Dredging Permit Applications; and Adopt California Environmental Quality Act Class 4 Categorical Exemption (15304 (G)) with Alameda County of the Upcoming Dredging Episode BACKGROUND Public Works staff has been working with the San Francisco Bay Area Water Emergency Transportation Authority (WETA) to facilitate the integration of WETA- owned vessels into the City's ferry services. On March 5, 2009, the City and WETA entered into a Bareboat Charter to allow the WETA-owned Pisces to operate on the Alameda Harbor Bay Ferry (AHBF). In anticipation of Pisces service, the City contracted with CLE Engineering, Inc. (CLE) in the fall of 2008 to conduct a marine survey to determine the depth of the Harbor Bay (HB) Channel. DISCUSSION The marine survey identified two shallow areas near the entrance to the ferry terminal that would restrict the operation of WETA vessels to tidal conditions above one foot. Since this restriction could significantly reduce the ability of WETA boats to operate in the regular vessel rotation or to provide needed back-up service, WETA and City staff agreed that maintenance dredging of the channel was needed, and that WETA would fund the project. On January 30, 2009, the City entered into an agreement with CLE to prepare the plans and specifications, acquire all permits, and prepare the necessary documents for the dredging work. CLE has prepared and submitted the initial master dredging permit application to the Dredge Materials Management Office (DMMO). The DMMO board consists of the following seven agencies: Bay Conservation & Development Commission (BCDC), U.S. Army Corps of Engineers (USAGE), San Francisco Bay Regional Water Quality Control Board (RWQCB), U.S. Environmental Protection Agency (EPA), California State Lands Commission, California Department of Fish & Game, and the U.S. National Marine Fisheries Service. This project will require permits from three member agencies of the DMMO: USAGE, RWQCB, and BCDC. City Council Agenda Item #41 05-19-09 Honorable Mayor and May 19, 2009 Members of the Council Page 2 of 2 Prior to approving the DMMO permit, the City Council is required to approve resolutions to authorize the Interim City Manager to apply for permits to dredge the channel, authorize CLE to represent and sign on behalf of the City on matters pertaining to the permit applications, and adopt a California Environmental Quality Act (CEQA) Categorical Exemption. Once permits are obtained, it will take approximately two months for staff to finalize the bid documents for the City Council's approval. ENVIRONMENTAL REVIEW The Planning and Building Director has determined that the dredging at the HB qualifies as a CEQA Class 4 Categorical Exemption, under section 15304 (g), maintenance dredging where the spoils are deposited in a spoil area authorized by all applicable state and federal regulatory agencies, and under Sections 21083 and 21087 of the Public Resources Code. No dredging will take place until all permits have been issued by applicable state and federal regulatory agencies. A Notice of Exemption will be filed with the Alameda County Clerk upon the City Council's approval of this action. FINANCIAL IMPACT The Funding Agreement between WETA and the City of Alameda includes the HB Channel Dredging project as a task reimbursable by WETA for the actual costs. There is no impact on the General Fund associated with the project. RECOMMENDATION Authorize the Interim City Manager to Apply fora Permit from Dredged Material Management Office and Other Necessary Agencies for Dredging of the Harbor Bay Ferry Channel; Authorize CLE Engineering, Inc. of Novato, California to Represent the City of Alameda on all Matters Pertaining to Dredged Material Management Office Dredging Permit Applications; and Adopt California Environmental Quality Act Class 4 Categorical Exemption (15304 (G)) with Alameda County of the Upcoming Dredging Episode. Respec II ubmitted, ~T at w Naclerio Public Works Director ~~~~~ ~~'Z,G~Gb By: Ernest Sanchez ~' Ferry Manager j~~ Approve as to funds and account, `~~v~J Glenda ay Interim Fi ance Director MTN:ES:gc CITY OF ALAMEDA RESOLUTION NO. ~_ ~, a AUTHORIZE THE INTERIM CITY MANAGER TO APPLY FOR A PERMIT FROM DREDGED MATERIAL MANAGEMENT OFFICE AND OTHER NECESSARY AGENCIES FOR DREDGING OF THE HARBOR BAY FERRY CHANNEL WHEREAS, maintenance/improvement dredging of the Alameda Harbor Bay Ferry Channel is required on an ongoing basis to support continued ferry operations; and WHEREAS, the ferry channel is in need of dredging to maintain the service; and WHEREAS, a master dredging permit from the Dredge Material Management Office (DMMO) is required in order to perform the dredging work; and WHEREAS, the DMMO board consists of the following seven agencies: Bay Conservation & Development Commission (BCDC), U.S. Army Corps of Engineers (USAGE), San Francisco Bay Regional Water Quality Control Board (RWQCB), U.S. Environmental Protection Agency (EPA), California State Lands Commission, California Department of Fish & Game and the U.S. National Marine Fisheries Service; and WHEREAS, the authorizing signatory for the project should be the Director of Public Works, INTERIM CITY MANAGER or designee. NOW, THEREFORE, BE IT RESOLVED by the Alameda City Council that the INTERIM CITY MANAGER is authorized to apply for a permit from the DMMO and other necessary agencies for the dredging of the Harbor Bay Ferry Channel. ****** I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda during the regular meeting of the City Council on the 19t" day of May 2009 by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITHNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 20t" day of May 2009: Lara, Weisiger, City Clerk Resolutions #4-I CC City of Alameda 05-19-09-09 CITY OF ALAMEDA RESOLUTION NO. E ~. AUTHORIZE CLE ENGINEERING, INC. OF NOVATO, CALIFORNIA TO REPRESENT THE CITY OF ALAMEDA ON ALL MATTERS PERTAINING TO DREDGE MATERIAL MANAGEMENT OFFICE DREDGING PERMIT APPLICATIONS ;, WHEREAS, maintenance/improvement dredging of the Alameda Harbor Bay Ferry Channel is required on an ongoing basis to support continued ferry operations; and WHEREAS, the ferry channel is in need of dredging to maintain the service; and WHEREAS, the on January 30, 2009, the City executed a consultant services agreement with CLE Engineering, Novato, California for professional engineering services to prepare plans and specifications, acquire all permits and prepare documentation for dredging work at the Harbor Bay Ferry Channel; and WHEREAS, a master dredging permit from the Dredge Material Management Office (DMMO) is required in order to perform the dredging work; and WHEREAS, once the permits are obtained the City then has complete approval to perform dredging of the Harbor Bay Ferry Channel. NOW, THEREFORE, BE IT RESOLVED by the Alameda City Council that the CLE Engineering, Inc. of Novato, California is authorized to represent the City of Alameda on all matters pertaining to dredging permit application, and to sign the application on behalf of the City to apply for a permit from the DMMO and other necessary agencies for the dredging of the Alameda Harbor Bay Ferry Channel. ****** I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda during the regular meeting of the City Council on the 19t" day of May 2009 by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITHNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 20t" day of May 2009: Lara, Weisiger, City Clerk City of Alameda CITY OF ALAMEDA RESOLUTION NO. ~ ~ ADOPT CALIFORNIA ENVIRONMENTAL QUALITY ACT CLASS 4 ~a ~ ~ CATEGORICAL EXEMPTION (15304 (G)) WITH ALAMEDA COUNTY OF THE UPCOMING DREDGING EPISODE WHEREAS, maintenance/improvement dredging of the Alameda Harbor Bay ' ~ Ferry Channel is required on an ongoing basis to support continued ferry operations; ~ ~' ~, NOW, THEREFORE, BE IT RESOLVED by the Alameda City Council that the ~t~ ~ City of Alameda has reviewed the Harbor Bay Ferry Channel Dredging Project for a ~ categorical exemption and has determined that the project is exempt from the California Environmental Quality Act as a Class 4 categorical exemption pursuant to 14 CCR Section 15304 (g); and be it further resolved that the City staff shall process the Categorical Exemption. ****** I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda during the regular meeting of the City Council on the 19th day of May 2009 by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITHNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 20th day of May 2009: Lara, Weisiger, City Clerk City of Alameda CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: May 19, 2009 Re: Adopt a Resolution Authorizing the Interim City Manager or Designee to Apply for a State Water Resources Control Board Loan in the Amount of $3,546,000 and Execute All Associated Agreements, and Identify the Sewer Fund as the Source of Revenue for Repayment of the Loan BACKGROUND The Clean Water. State Revolving Fund (CWSRF) program provides 20-year, low interest loans to municipalities to fund water quality protection projects for wastewater treatment, non-point source pollution control, and watershed and estuary management. The State Water Resources Control Board (SWRCB), which oversees the management of the program, typically provides loans with interest rates between two to four percent. As part of the American Recovery and Reinvestment Act, the SWRCB is reducing the interest rates for the loans to be between zero to three percent, depending on the type and location of project being constructed. The City has applied for and received CWSRF loans since the late 1980s. DISCUSSION The Public Works Department, through its Capital Improvement Program division, provides for the ongoing rehabilitation of the City's sewer collection and distribution system. These programs are designed to reduce infiltration and inflow of storm water into sewer lines by replacing deteriorated sewer mains, lower sewer laterals, and manholes. The department has identified the following three priority projects for the next two to three years: ^ Central Avenue -Pacific Avenue to Third Street, estimated cost $761,000 ^ Fernside Boulevard - High Street to Thompson Avenue, estimated cost $835,000 ^ Pacific Avenue -Webster Street to Sixth Street; Buena Vista Avenue -Grand Street to Chapin Street; and Lincoln Avenue -Walnut Street to Willow Street, estimated cost $1,950,000 City Council Report Re: Agenda Item #4J OS-19-09 Honorable Mayor and Members of the City Council FINANCIAL IMPACT May 19, 2009 Page 2 of 2 The CWSRF loan will fund 100% of the project construction costs. While the sewer fund has a sufficient balance to fund these projects over the next three years, the City will only finalize the loan agreements if the proposed interest for the CWSRF loan is less than the interest received on the fund balance. There is no impact to the General Fund. MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE This action will assist in meeting the goals of the City's Sanitary Sewer Management Plan, mandated by the SWRCB and the Regional Water Quality Control Board. It will also assist in meeting the goals outlined in the City's Storm Drain Master Plan. RECOMMENDATION Adopt a Resolution authorizing the Interim City Manager or designee to apply for a State Water Resources Control Board Loan in the amount of $3,546,000 and execute all associated agreements, and identify the sewer fund as the source of revenue for repayment of the loan. Respe y submitted, Matthew T. Naclerio Public Works Director Approved as to funds and account, ,_.~~~~ Glend . Ja Interim finance Director By: Paul Soo Junior Eng'it~~er MTN:PS:gc l CITY OF ALAMEDA RESOLUTION NO. r 0 0 a~ 0 ~. RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER OR DESIGNEE TO APPLY FOR A STATE WATER RESOURCES CONTROL BOARD LOAN IN THE AMOUNT OF $3,546,000 AND EXECUTE ALL ASSOCIATED AGREEMENTS, AND IDENTIFY THE SEWER FUND AS THE SOURCE OF REVENUE FOR REPAYMENT OF THE LOAN WHEREAS, the Clean Water State Revolving Fund (CWSRF) program provides low interest loans to municipalities to fund water quality protection projects for wastewater treatment, non-point source pollution control, and watershed and estuary management; and WHEREAS, the State Water Resources Control Board (SWRCB) oversees the management of the program; and WHEREAS, the City of Alameda (City) has applied for and received CWSRF loans since the late 1980s; and WHEREAS, the City's Capital Improvement Program provides for the ongoing rehabilitation of the City's sewer collection and distribution system to reduce infiltration and inflow of storm water into sewer lines by replacing deteriorated sewer mains, lower sewer laterals, and manholes; and WHEREAS, the City's Public Works Department has identified the following three priority projects: Central Avenue -Pacific Avenue to Third Street; Fernside Boulevard -High Street to Thompson Avenue; and Pacific Avenue - Webster Street to Sixth Street, Buena Vista Avenue -Grand Street to Chapin Street, and Lincoln Avenue -Walnut Street to Willow Street; for construction during the next two to three years. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Alameda does hereby approve authorizing the Interim City Manager, or designee, to apply for a State Water Resources Control Board loan in the amount of $3,546,000 and to execute all associated agreements, and BE IT FURTHER RESOLVED that the City Council of Alameda does hereby dedicate the Sewer Fund for payment of any and all Clean Water State Revolving Fund Loans for the sewer rehabilitation projects: Central Avenue - Pacific Avenue to Third Street; Fernside Boulevard -High Street to Thompson Avenue; and Pacific Avenue -Webster Street to Sixth Street, Buena Vista Avenue -Grand Street to Chapin Street, and Lincoln Avenue -Walnut Street to Willow Street. This dedicated source of revenue shall remain in effect throughout the term of such financing unless modification or change of such dedication is approved in writing by the SWRCB. ****** Resolution #4-J CC 05-19-09 I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed b~r the Council of the City of Alameda in a regular meeting assembled on the 19t day of May, 2009, 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 20th day of May, 2009. Lara Weisiger, City Clerk City of Alameda CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: May 19, 2009 Re: Adopt a Resolution to Approve Amendment No. 1 to the Long-Term Power Purchase Agreement between Iberdrola Renewables, Inc. and Alameda Municipal Power BACKGROUND Alameda Municipal Power (AMP) and Iberdrola Renewables, Inc. (Iberdrola) are parties to a Power Purchase Agreement (PPA) approved by the City Council in December 2004. Under the terms of the PPA, AMP is the purchaser of energy generated at Iberdrola's High Winds facility, a wind turbine project located in Solano County, California. According to the terms of the PPA, AMP shall receive 6.17% of the metered output of the High Winds facility. Given the inherent variability of wind production, AMP's energy deliveries under the contract range between 0 and 10 Megawatts (MW) on an hourly basis. In 2008, AMP took delivery of approximately 24,580 Megawatt- hours (MWh) of electricity from High Winds, which is equivalent to 6.0% of its electric load for the year. In addition to receiving Firm Energy, AMP has rights to all environmental attributes and capacity associated with its share of the project. The term of the contract runs through June 30, 2028. The need for the Amendment arises from the April 1, 2009, implementation of the California Independent System Operator's (CAISO) Market Redesign and Technology Upgrade (MRTU) initiative. Amendment No. 1 would modify the resource scheduling and settlement protocols of the existing PPA so that these provisions conform to the new MRTU framework. The Amendment would also affirm the continued delivery of environmental attributes. Neither the purchase price for Firm Energy nor the contract term length, as reflected in the original PPA, is changed in the Amendment. It should be noted that as of April 1, 2009, the resource scheduling and settlement protocols contained in Amendment No. 1 are already being utilized by Iberdrola and the Northern California Power Agency (NCPA), AMP's scheduling agent, pursuant to a Letter Agreement dated March 26, 2009, between Iberdrola and AMP. The Letter Agreement provides for the use of the revised scheduling and settlement provisions on an interim basis only until the earlier of July 29, 2009, or the effective date of an approved Amendment. Execution of the Letter Agreement was necessary in light of the fact that AMP staff and Iberdrola staff were not able to finalize negotiations for City Council Report Re: Agenda Item #4-K 05-19-09 Honorable Mayor and May 19, 2009 Members of the City Council Page 2 of 4 Amendment language in time to secure necessary approvals from the Public Utilities Board (the Board) and City Council prior to the fixed implementation date of MRTU. At its May 18, 2009, meeting, the Board approved Amendment No. 1 to the Long-Term PPA between Iberdrola and AMP and authorized the General Manager to execute the amendment contingent upon the City Council's ratification of such amendment. Since this Amendment No. 1 is to an existing agreement with a term exceeding 15 years, the amendment must be ratified by the City Council as required by the City Charter Section 12-2(A). A copy of Amendment No. 1 is on file at the City Clerk's Office. DISCUSSION The CAISO's implementation of MRTU involves a fundamental change to the way bilateral energy contracts, such as AMP's High Winds PPA, are scheduled and financially settled within the CAISO balancing authority area. Prior to MRTU, sellers scheduled resources under bilateral contracts directly to buyers using balanced Scheduling Coordinator-to-Scheduling Coordinator trades (referred to as "SC to SC trades") and received payment from buyers according to prices set forth in PPAs. Under the new MRTU framework, sellers now schedule resources into the CAISO's Day Ahead Market and receive two separate payment streams. One payment is from the CAISO, which pays the seller an hourly derived price specific to the pricing node where the generator injects power into the CAISO system. The second payment is the bilateral contract rate, which the buyer of the energy pays per the pricing provisions of the PPA. On the buyer side of a bilateral transaction, load serving entities that purchase power through PPAs incur two separate charges. One charge is for the purchase of energy to serve load from the CAISO's Day Ahead Market and the other is the PPA contract rate that is due to the seller of the PPA energy. To avoid the resulting double payment to sellers and the double charge incurred by buyers/load serving entities, and to facilitate the contractual delivery of bilateral power purchases, the CAISO has developed a settlement mechanism referred to as an Inter- SC Trade. An Inter-SC Trade consists of a quantity of MWs traded between two SCs for particular trading hours at designated locations. When two SCs submit matching Inter-SC Trades to the CAISO, the payment that the seller would otherwise receive from the CAISO is negated and the buyer receives a credit from the CAISO equal to the product of the quantity of MWs traded for the hour and the hourly derived Day Ahead Locational Marginal Price (LMP) of the pricing node used to settle the Inter-SC Trade. The overarching purpose for amending the High Winds PPA is to bring the agreement into conformance with the new CAISO market structure by incorporating these new scheduling procedures and settlement features. Key changes/modifications to the existing PPA are highlighted below. Honorable Mayor and May 19, 2009 Members of the City Council Page 3 of 4 Revises the Definition of "Firm Energy:" Modifies the definition of "Firm Energy" by specifying that Firm Energy is delivered by means of Inter-SC Trades. Adds an Inter-SC Trade Settlement Feature to the PPA: Adds language to reflect the use of Physical Trades as the particular type of Inter-SC Trade that is used to satisfy Iberdrola's obligation to deliver Firm Energy to AMP. Physical Trades are to be settled at the seller's generator pricing node LMP. New language is added providing that on a daily basis Iberdrola will submit an Inter-SC Trade from the seller to AMP's scheduling agent (NCPA) for each hour of the next Business Day. The Amendment also provides that AMP's scheduling agent (NCPA) will likewise be required to submit matching Inter- SC Trades for every hour. In the event that the CAISO's market system does not validate or otherwise accept an Inter-SC Trade, the Amendment provides that Iberdrola will pay AMP the equivalent of the credit AMP would have received from the CAISO had the Inter-SC Trade been fully processed. Clarifies the Delivery Point: Adds language to clarify that the generator pricing node for the High Winds facility is also the Delivery Point. Affirms AMP's rights to Environmental Attributes: Clarifies that Iberdrola will continue to provide Environmental Attributes to AMP under MRTU. Revises the Definition of "Market Price Index:" Replaces the use of the Dow Jones NP15 Electricity Price Index, which is obsolete as of the effective date of MRTU, with the arithmetic averages of the CAISO's Real-Time Market Locational Marginal Prices (LMPs) at the High Winds generator pricing node. Modifies the Quarterly True-Up Process: The modification reflects the use of Inter-SC Trades as the means of measuring Firm Energy deliveries as part of the Quarterly True- Up. FINANCIAL IMPACT There is no new direct cost associated with the approval of this Amendment No. 1. The use of Inter-SC Trades to settle AMP's bilateral energy contracts under MRTU is critical in order for AMP to correct for the double charges that could be incurred by buyers/load serving entities arising from bilateral transactions. Without this Amendment, it is estimated that AMP's cost exposure for the High Winds PPA could increase significantly because AMP might be required to pay not just Iberdrola for Firm Energy deliveries, but also the CAISO for purchases of Day Ahead Energy. MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE This action does not affect the Municipal Code. Honorable Mayor and Members of the City Council May 19, 2009 Page 4 of 4 This action will assist in meeting the goals of the City of Alameda's Local Action Plan for Climate Protection by assuring the continued delivery of renewable energy to Alameda under the new electricity market structure. ENVIRONMENTAL REVIEW This action to approve Amendment No. 1 to the Long-Term Power Purchase Agreement between Iberdrola Renewables, Inc. and Alameda Municipal Power is not a project pursuant to CEQA as defined by Title 14 CCR Section 15378 in that it has no potential for resulting in either a physical change in the environment or reasonably foreseeable indirect physical change in the environment. RECOMMENDATION Adopt a resolution to approve Amendment No. 1 to the Long-Term Power Purchase Agreement between Iberdrola Renewables, Inc. and Alameda Municipal Power. Respectfully submitted, Girish Balachandran Alameda Municipal Power cc: Public Utilities Board CITY OF ALAMEDA RESOLUTION NO. APPROVING AMENDMENT NO. 1 TO THE LONG-TERM POWER PURCHASE AGREEMENT BETWEEN IBERDROLA RENEWABLES, INC. AND ALAMEDA MUNICIPAL POWER WHEREAS, Alameda Municipal Power (AMP) entered into along-term ~ c power purchase agreement (PPA) with Iberdrola Renewables, Inc. (Iberdrola), c ~ 4 dated as of December 14, 2004, for the purchase of renewable energy produced ~ a by wind turbines at the High Winds facility located in Solano County, California; ~ ~ and ~ WHEREAS, the term of the PPA is for a period beginning January 1, 2005 through June 30, 2028; and WHEREAS, on April 1, 2009, the California Independent System Operator (CAISO) implemented a comprehensive restructuring of the wholesale electricity market in the state, referred to as the Market Redesign and Technology Upgrade (MRTU) initiative; and WHEREAS, implementation of MRTU changes the manner by which bilateral power purchase agreements, such as AMP's High Winds PPA, are scheduled and financially settled in the CAISO balancing authority area; and WHEREAS, as a result of MRTU, load serving entities that purchase power through PPAs can incur two separate charges: (i) a Day Ahead energy charge for the purchase of energy to serve load from the CAISO's Day Ahead Market, and (ii) the PPA contract rate that is due to the seller of the PPA energy; and WHEREAS, in order to mitigate this cost exposure to buyers/load serving entities, the CAISO has created a settlement mechanism for bilateral power transactions referred to as Inter-SC Trades; and WHEREAS, among other things, the use of Inter-SC Trades will result in a credit to AMP from the CAISO that will correct for the double charges that can be incurred by buyers/load serving entities arising from bilateral transactions scheduled in CAISO administered markets; and WHEREAS, in order to bring the High Winds PPA into conformance with MRTU's resource scheduling protocols and to require the use of Inter-SC Trades by Iberdrola and the Northern California Power Agency (NCPA), AMP's scheduling agent, an Amendment to the PPA is needed to reflect these new market features; and Resolution #4-K CC 05-19-09 WHEREAS, in anticipation of the April 1, 2009 implementation date of MRTU, staff from AMP and Iberdrola worked together to negotiate Amendment No. 1 language; and WHEREAS, staff from AMP and Iberdrola were not able to finalize negotiations for the Amendment in time to secure necessary approvals from the Public Utilities Board and City Council prior to the fixed implementation date of MRTU; and WHEREAS, AMP and Iberdrola entered into a letter agreement dated March 26, 2009, providing for the use of the resource scheduling and settlement protocols contained in Amendment No. 1 on an interim only basis until the earlier of July 29, 2009 or the effective date of an approved Amendment; and WHEREAS, Amendment No. 1 is both beneficial to Alameda by reducing AMP's cost exposure under the CAISO's MRTU framework and necessary in order to bring the resource scheduling protocols for the High Winds PPA into conformance with MRTU; and WHEREAS, the Alameda Public Utilities Board has reviewed and approved the amendment and recommends that the City Council ratify its action as required by City Charter Section 12-2(A). NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Alameda that: 1. The Council ratifies the action of the Public Utilities Board approving Amendment No. 1 to the Long-Term Power Purchase Agreement between Iberdrola Renewables, Inc. and Alameda Municipal Power. 2. The General Manager of Alameda Municipal Power is authorized to execute the agreement without material change. ** I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed b~r the Council of the City of Alameda in a regular meeting assembled on the 19t day of May, 2009, by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said City this 20th day of May, 2009. Lara Weisiger, City Clerk City of Alameda CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: May 19, 2009 Re: Adopt a Resolution of Intention to Levy an Annual Assessment on the Alameda Business Improvement Area of the City of Alameda for FY 2009- 10and Set a Public Hearing for June 2, 2009 BACKGROUND On May 17, 1989, the City Council established a Parking and Business Improvement Area (BIA) for the Park and Webster Street business districts. The City contracts with the Park Street and West Alameda Business Associations (PSBA and WABA) to administer BIA funds collected from businesses in their respective areas. DISCUSSION The Parking and Business Improvement Area Law of 1989 requires the City Council to appoint an advisory board to make an annual report and recommendations to the City Council on the proposed expenditure of BIA revenues. The appointment of the advisory board is accomplished through annual adoption of a Resolution of Intention to levy an annual assessment in which PSBA and WABA are appointed as FY 2009-10 advisory bodies for their respective geographic zones of the BIA. PSBA and WABA have prepared this year's reports pursuant to their existing BIA agreements with the City. The reports include itemized activities, revenue, and estimated costs for FY 2009-10 (Attachments 1 and 2). Attachment 3 provides information that will enable business owners to determine the amount they will be assessed. After report approval, the Council must adopt a Resolution of Intention to levy an annual assessment for FY 2009-10. FINANCIAL IMPACT BIA billing is done concurrently with Business License billing. Revenues from the BIA directly benefit business owners in specified geographic and benefit zones through the promotion of business and similar eligible activities. The impact on the General Fund will be in the form of Finance Department staff costs to process BIA billings and expenditures. The funds for this activity are budgeted in the Finance City Council Report Re: Agenda Item #4L 05-19-09 Honorable Mayor and Members of the City Council May 19, 2009 Page2of2 Department/Accounts Receivable Cash Management Division staff salaries account, line item number 2440-41100. MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE The renewal of the BIA for another year supports both the goals of the Economic Development Strategic Plan and the Downtown Vision through continued operation of the two business associations consistent with A.M.C. Sec. 6-7 et seq. RECOMMENDATION Adopt a Resolution of Intention to levy an annual assessment on the Alameda Business Improvement Area of the City of Alameda for FY 2009-10 and set a public hearing for June 2, 2009. Res c y submitted, Leslie A. Little Development Services Director Approved as to funds and account, Glen a y Interi Fin nce Director Dorene E. Soto Manager, Business Development Division By: ~~ ue .Russell Economic Development Coordinator AMG/LAL/DES/SGR:rv Attachments: 1. PSBA letter and report 2. WABA report 3. Assessments cc: Economic Development Commission Park Street Business Association West Alameda Business Association Park Street Business Association April 23, 2009 Sue Russell Economic Development Coordinator Economic Development Division 950 West Mall Square, Room 215 Alameda, CA 94501 Dear Ms. Russell: As President of the Park Street Business Association, I am pleased to submit the attached BIA Report and accompanying 2009/2010 budget for our Association. We do not anticipate any changes in the BIA for 2009/2010. We have provided a description of the activities PSBA is proposing for the upcoming year and the associated line item budget. This proposed budget was approved by the PSBA Board of Directors in a phone poll conducted this week and will be confirmed at the May 27, 2009 meeting. Based on revenue received to date, we anticipate 09/10 BIA revenue of $85,000 and a carryover of $5,000 resulting from significantly increased 08/09 revenue, reduced worker's comp costs, and cost containment by PSBA. This brings our 09/10 BIA budget to $90,000. We would be glad to answer any questions you have regarding the attached material. Sincerely, Debbie George President Park Street Business Association 2447 Santa Clara Ave., #302, Alameda CA 94501 city council Phone: 510-523-1392 • Fax: 510-523-2372 • email: parkstreet Calamedanet.net • web: Attachment 1 to Report Re: Agenda Item #4L 05-19-09 PARK STREET BUSINESS ASSOCIATION 2447 Santa Clara Ave., #302, Alameda, CA 94501 PROPOSED ASSESSMENT FOR BUSINESS IMPROVEMENT AREA FISCAL YEAR 2009/2010 INTRODUCTION: The Park Street Business Association (PSBA) is recommending a BIA budget of $90,000 for the Park Street Business District for fiscal year 2009/2010. This recommendation is based on the estimate of the income derived from the BIA assessment in fisca108/09 as well as a carryover from the 08/09 budget. The formulas, budgets, and proposed activities are the result of monthly Board of Director and committee meetings between December, 2008, and April, 2009. BUDGET: The BIA is one of four sources of funding for the activities proposed in this report. The other three sources are funds raised by the Park Street Business Association, reimbursement from the Landscape and Lighting Budget, and a proposed grant we will be seeking from the Development Services Department. PSBA will continue its current activities, as well as implement new ones, that are in line with the National Main Street Four-Point plan for revitalizing Main Street Cities. BOUNDARIES: We are not proposing any changes this year. ACTIVITIES: Attached is a summary of the proposed activities for the fiscal year 2009/2010. These activities are designed to improve the pedestrian friendly look of the Park Street District, improve the vitality of the District in order to increase sales and sales tax revenues, promote members' businesses, attract new businesses to the District and increase the overall business atmosphere in the Park Street District. Several projects are continuations from the 2008/2009 fiscal year. PARK STREET BUSINESS ASSOCIATION 2009/10 Membership Committee Work Plan Outline 1. Conduct Meetinss a. Mixers b. Special Election Meeting (October) c. Informational presentations at most of the meetings d. Holiday Party 2. Awards a. Continue current awards program (recognizing PSBA members and city staff) 3. Welcome New Members a. Update New Member Packet b. Recruit "greeters" from the Board and Committees to greet new members c. Greet new members to the District with packets as they move into their business 4. Newsletter a. Continue mailing newsletter every month b. Continue to email newsletter every month to everyone on email distribution list c. Update mailing list 2009/10 Design Committee Work Plan Outline Desisn Guidelines a. Determine acceptable and not acceptable design criteria b. Write Guidelines c. Submit to PSBA Board for Approval d. Work with City Staff to have new ordinances presented to City Council 2. Streetscape Phase II a. Work with City staff to ensure the implementation of Phase II b. Implement Phase II in the summer of 2009 3. Sign Ordinance a. Work with City Staff to ensure enforcement 4. Promote Facade Grant Program a. Newsletter articles b. Outreach by Committee PARK STREET BUSINESS ASSOCIATION 2009/10 Econ-Revi Committee Work Plan Outline 1. Assist with Business Recruitment a. Identify empty storefronts b. Work with City Staff and contract staff to promote the District as a positive business destination 2. Ordinances a. Vacant Buildings -begin discussions with City Staff to beef up ordinance b. Parking overlay to exempt developers in the District from in lieu parking fees. 3. Maintenance Continue current level of service - 7 days a week 2009/10 Promotions Committee Work Plan Outline Continue Special Events a. Spring Festival (mother's day weekend) b. Art & Wine Faire (last weekend of July) c. Classic Car Show (2"d Saturday in October) 2. Promotions a. Shopping Guide produced once a year b. Continue to upgrade and update our Web Site Print Advertising a. Continue Best of Alameda PSBA pages b. Continue Holiday campaign c. Continue Alameda/Oakland Magazines campaign 4. Cable Advertising a. Continue ads for special events b. Continue ads for Holiday Program 5. Holiday Promotions a. Cable ads two weeks prior to Christmas b. Free parking all Saturdays after Thanksgiving c. Continue print ads in Chronicle, Journal, Sun, Alameda and Oakland Magazines METHOD AND BASIS OF LEVYING ASSESSMENT Budget: See Exhibit A CONCLUSION PSBA would like to thank the Alameda City Council, City Attorney, Community Development, Public Works and Finance Departments for their assistance in implementing the BIA. The increased participation from the business community and the continued quality of projects has shown the BIA is a valuable tool in our continuing efforts to revitalize the Park Street Historic Business District. Exhibit A Park Street Business Association 2009/2010 BIA Budget Submission INCOME: BIA Projection $85,000 Accumulated Carryover $5,000 Total Income: $90,000 EXPENSES: Personnel Services Office Staff Salary $37,400 Worker's Comp $1,350 Office Staff Benefits $14,000 Payroll Taxes $10,500 Sub Total $63,250 Membership Services Committees $1,900 Maintenance Salaries $4,500 Maintenance Supplies $16,350 Sub Total $22,750 Indirect/Overhead Insurance $4,000 Sub Total $4,000 Total Expenses $90,000 West Alameda Business Association BIA Budget 09-10 INCOME BIA Pro'ection 34,000 Accumulated Carr over 0 Total Income 34,000 EXPENSES PERSONNEL SERVICES 0 MEMBERSHIP SERVICES Su lies 1,500 Printin 4,000 Posta a 1,000 Newsletter/website/marketin 11,000 Committees 1,000 Subtotal 18,500 INDIRECT/OVERHEAD Accountin /Audit 3,000 Utilities 5,000 Insurance 7,000 Contin enc 500 Subtotal 15,500 GRAND TOTAL 34,000 City Council Attachment 2 to Report Re: Agenda Item #4L 05-7 9-09 ALAMEDA BUSINESS IMPROVEMENT AREA -NON-RETAIL FISCAL YEAR 2009-10 Professionals and independent contractors who primarily go out into the public to sell to clients and/or do not operate retail stores. Accountant Advertising Ambulance Answering service Architect Attorney Building maintenance Business services Construction Consultants Contractors Counselor Credit Unions with restricted membership Decorator Electrician Employment Engineer Gardener Graphic arts Handyman Health/Medical professions Importers Insurance Landscape Mail order Manufacturer Manufacturer's/sales reps Mortuary Newspaper publishing Nursing facility Painters Pest control Plumber Property management Real estate School/Instruction Security Stockbrokers Tax consultants Travel Veterinary Wholesalers Misc. professional/office BIA09-10. doc AREA A = $128.00 AREA B = $ 83.00 PRO-RATED FEES A B 128.00 83.00 JULY 128.00 83.00 AUG 117.00 76.00 SEPT 107.00 69.00 OCT 96.00 62.00 NOV 86.00 55.00 DEC 75.00 48.00 JAN 65.00 42.00 FEB 53.00 35.00 MAR 43.00 28.00 APR 32.00 25.00 MAY 25.00 25.00 JUNE 25.00 25.00 City Council Attachment 3 to Report Re: 1 Agenda Item #4L 05-19-09 ALAMEDA BUSINESS IMPROVEMENT AREA -RETAIL SERVICE FISCAL YEAR 2009-10 Businesses that operate a store where people go to purchase a service. Alarm and fire extinguisher service Appliance service Athletic/Health Club Auto glass AREA A = .40/1,000 GR Auto upholstery MINIMUM = $ 128.00 Auto wash/parking MAXIMUM = $1,687.00 Auto repair Barber AREA B = .20/1,000 GR Beauty MINIMUM = $ 83.00 Cleaners MAXIMUM = $828.00 Electronics service Furniture repair Hotel/motel Keys/Locksmith PRO-RATED MINIMUM FEES Laundromat/laundry A B Marine service 128.00 83.00 Pet services Photography studio JULY 128.00 83.00 Printing Shoe service AUG 117.00 76.00 Storage Tailor SEPT 107.00 69.00 Tattoo Upholstery OCT 96.00 62.00 NOV 86.00 55.00 DEC 75.00 48.00 JAN 65.00 42.00 FEB 53.00 35.00 MAR 43.00 28.00 APR 32.00 25.00 MAY 25.00 25.00 JUNE 25.00 25.00 BIA09-10. doc 2 ALAMEDA BUSINESS IMPROVEMENT AREA -RETAIL GOODS FISCAL YEAR 2009-10 Businesses that operate a store where people go to purchase a product. Alcoholic Amusement Antiques Appliances sales AREA A = .40/1,000 GR Art MINIMUM = $ 253.00 Auto dealer MAXIMUM = $1,687.00 Auto stereo Auto supply AREA B = .20/1,000 GR Bakery MINIMUM = $ 128.00 Bar MAXIMUM = $ 848.00 Bicycles Books Clothing Coin Computer sales Drug/variety PRO-RATED MINIMUM FEES Electronics sales A B Fishing 253.00 128.00 Floor coverings Florist JULY 253.00 128.00 Food Furnishings AUG 232.00 117.00 Furniture Gasoline stations SEPT 211.00 107.00 Gift Hardware OCT 190.00 96.00 Hobby Jewelry NOV 169.00 86.00 Magazines/newspaper sales Marine sales DEC 148.00 75.00 Market Medical supplies JAN 127.00 65.00 Music Nursery FEB 105.00 53.00 Office supplies/equipment Optical supplies MAR 84.00 43.00 Pet supply Product rentals APR 63.00 32.00 Restaurant Shoe sales MAY 42.00 25.00 Sporting goods Thrift/used merchandise JUNE 25.00 25.00 Theater/club BIA09-10. doc 3 Video Other retail goods ALAMEDA BUSINESS IMPROVEMENT AREA FINANCIAL INSTITUTIONS/UTILITIES FISCAL YEAR 2009-10 Banks Savings and Loans AREA A & B = $ 848.00 Credit Unions operating to the general public Utilities BIA09-10. doc 4 CITY OF ALAMEDA RESOLUTION NO. ADOPTION OF RESOLUTION OF INTENTION TO LEVY AN ANNUAL ~ ASSESSMENT ON THE ALAMEDA BUSINESS IMPROVEMENT AREA OF THE CITY OF ALAMEDA FOR FY 2009-10 AND SET A PUBLIC HEARING FOR JUNE 2, 2009 ~~ ffi ~ WHEREAS, Section 6-7 of Article II of Chapter VI of the Alameda a ~' Municipal Code establishes the Alameda Business Improvement Area of the City of ~ ~ Alameda (hereinafter "Area"); and ~c WHEREAS, the Area comprises all of the Park Street Business Area, included by reference on the map and list of inclusive addresses included in this Resolution as Exhibit A and C, respectively; and all of the Webster Street Business Area included by reference on the map and list of inclusive addresses included in this Resolution as Exhibit B and C, respectively; and WHEREAS, the improvements and activities authorized by the Ordinance include the general promotion of business activities in the Area, the promotion of the public events which are to take place on or in public places in the Area, the decoration of any public place in the Area, the furnishing of music in any public place in the Area, and the acquisition, construction or maintenance of parking facilities for the benefit of the Area; and WHEREAS, agreements between the City of Alameda (hereinafter "City") and the Park Street Business Association (hereinafter "PSBA") and the West Alameda Business Association (hereinafter "WABA")designated PSBA and WABA to administer Business Improvement Area (hereinafter "BIA")funds for their respective geographic zones of the BIA; and WHEREAS, PSBA and WABA have filed reports with the City Clerk describing the surplus or deficit revenues to be carried over from FY 2008-09 and describing the improvements and activities, estimated costs and methods and basis for levying the assessment for FY 2009-10. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda that PSBA and WABA are hereby designated as the BIA Advisory Body for 2009-10; and BE IT FURTHER RESOLVED that the City Council hereby sets a public hearing to consider the annual assessment for the Area and to consider any modification of benefit areas or change in boundary for June 2, 2009, at which time written or oral protests may be made; and BE IT FURTHER RESOLVED that the City Clerk is hereby directed to advertise said public hearing by causing this Resolution of Intention to be published once in a newspaper of general circulation in the City not less than seven days before the public hearing. Resolution #4-L CC ** 05-19-09 ~.. ' ~ ~~, ..` _ ~... . EXHlBlT A: Parfc Street n s......, ... L:- --- PARS S~~ COCA ~-RFA A : Benefit Ar,~a g B : Benefit A-e~ B c_ '1~ \ EXHIBIT' 8: WeE7st~r Sfreet geographic zone .~ .~ \ r rr . 9., A : _ ~3enefit Area . A B : Benefit Area B EXHIBIT C LIST OF ADDRESSES WITHIN BIA BOUNDARIES Combined List of Benefit Area "A" and "B" Zones: Geographic Area: Alameda Ave. 2300-2399 odd/even Park St. Broadway 1400-1590 odd only Park St. Buena Vista Ave. 616-750 odd/even Webster St. Central Ave. 630-760 odd/even Webster St. 2300-2499 odd/even Park St. 2501, 2521 Park St. Eagle Ave. 633-707 odd/even Webster St. Encinal Ave. 2300-2499 odd/even Park St. Everett St. 1400-1519 odd/even Park St. Haight St. 629-728 odd/even Webster St. Lincoln Ave. 627-726 odd/even Webster St. 2267-2499 odd/even Park St. Oalc St. 1300-1599 even only Park St. Pacific Ave. 626-730 odd/even Webster St. Park Ave. 1300-1399 odd only Park St. 1400-1499 odd/even Park St. Park St. 1125, 1198, 1200-1999 Park St. odd/even San Antonio Ave. 2312-2399 odd/even Park St. Santa Clara Ave. 700-720 odd/even Webster St. 2300-2599 odd/even Park St. Taylor Ave. 634-725 odd/even Webster St. Tunes Wy. 2300-2399 odd/even Park St. Webb Ave. 2400-2499 odd/even Park St. Page 1 of 2 Webster St. 1345-1999 odd/even Webster St. Memo: Benefit Area "B" Zone Only Broadway 1400-1509 odd only Park St. Everett St. 1400-1519 odd/even Park St. Park St. 1125, 1198, 1200-1251 Park St. odd/even, 1600-1999 Santa Clara Ave. 2500-2599 odd/even Park St. Lincoln Ave. 2267-2499 odd/even Park St. Central Ave. 2431, 2433, 2440, 2501, 2521 Park St. Page 2 of 2 I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda during the regular meeting of the City Council on the 19th day of May 2009 by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITHNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 20th day of May 2009: Lara, Weisiger, City Clerk City of Alameda CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: May 19, 2009 Re: Hold a Public Hearing to Consider Introduction of an Ordinance Amending the Alameda Municipal Code to Require Bay-Friendly Landscaping Requirements for Certain City and Public-Private Partnership Landscaping Projects and Renovations BACKGROUND At its meeting on April 27, 2009, the Planning Board recommended the adoption of a Civic Bay-Friendly Landscaping Ordinance. The Planning Board staff report and attachments are on file in the City Clerk's office. The ordinance, based on the StopWaste.Org model ordinance, would affect new City and public-private partnership landscaping projects and renovations that equal or exceed $100,000 in construction costs. This measure, along with the Civic Green Building Ordinance and the 75% Waste Diversion Goal that was adopted by the City Council on May 20, 2008, will help implement the City's Local Action Plan for Climate Protection. DISCUSSION As part of the development of the FY 08/09 budget, the Alameda County Waste Management Authority (WMA) approved a continuation of the pass-through funding to member agencies from Waste Import Mitigation funds through FY 09/10. This funding is administered by StopWaste.Org. The amount of funding allocated to Alameda in FY 08/09 was $45,764 and is anticipated to be approximately $45,000 in FY 09/10. The WMA approved a set of five eligibility criteria for cities to continue to receive these funds in FY 09/10 and beyond, and one of these criteria is formal City Council adoption of a Civic Bay-Friendly Landscaping Ordinance by July 1, 2009. The City's current Water Conservation Landscaping Ordinance (AMC §30-58) promotes water efficient landscaping in recognition of Alameda's unique climate, soil conditions, and development patterns. However, the proposed Civic Bay-Friendly Landscaping Ordinance is more comprehensive and will supplement the existing ordinance by promoting additional sustainable landscaping practices. The recommended ordinance is similar to those already adopted by the majority of jurisdictions in Alameda County, and is based upon the model ordinance developed by StopWaste.Org, a program funded by the WMA. The ordinance will amend the Alameda Municipal Code to add a City Council Public Bearing Agenda Item #6-A 05-19-09 Honorable Mayor and May 19, 2009 Members of the City Council Page 2 of 3 new Section, 30-60, Bay-Friendly Landscaping Requirements for New City Landscaping Projects, City Renovation Projects, and Public-Private Partnership Projects, as follows: All new landscaping projects or renovations of existing landscapes that are either owned or maintained by the City or developed as apublic-private partnership that equals or exceeds $100,000 in construction costs must meet the most recent minimum Bay-Friendly Landscaping Scorecard points and required practices as recommended by StopWaste.Org or its designee. Projects which do not meet the threshold that triggers compliance with the requirements of this ordinance shall meet as many Bay-Friendly Landscaping Scorecard points as practicable and are required to complete and keep on file the Scorecard, in order to document the green landscaping practices that have been incorporated into the project. The Public Works Department shall regularly review the project specifications used in bidding Traditional Public Works Projects to include and implement the best environmental practices and Bay-Friendly Landscape Guidelines applicable. FINANCIAL IMPACT Adoption of the Civic Bay-Friendly Landscaping Ordinance will allow the continued pass through of funding from StopWaste.Org. The estimated amount of funding to be received by the City for FY 09/10 is approximately $45,000. MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE The Civic Bay-Friendly Landscaping Ordinance will become part of Chapter 30 of the Alameda Municipal Code; Development Regulations. This action is consistent with and will further the goals of the adopted Local Action Plan for Climate Protection. ENVIRONMENTAL REVIEW Adoption of this ordinance will not have a significant impact on the environment and is categorically exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines, Section 15308 -Actions by Regulatory Agencies for Protection of the Environment as follows: • Section 15308 exempts actions taken by regulatory agencies to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. Honorable Mayor and May 19, 2009 Members of the City Council Page 3 of 3 RECOMMENDATION Adopt an ordinance amending the Alameda Municipal Code to require Bay-Friendly Landscaping Requirements for certain City and Public-Private Partnership Landscaping Projects and Renovations. Respectfully submitted, ~V Cathy dbury Plann' g and Building ~ irector By: ~,~ Douglas Vu Planner III DV:dv cc: Former Members of the Climate Protection Task Force ~, ,~ 0 i ~. 4 CITY OF ALAMEDA ORDINANCE NO. New Series PUBLIC HEARING TO CONSIDER INTRODUCTION OF AN ORDINANCE AMENDING THE ALAMEDA MUNICIPAL CODE BY ADDING SECTION 30-60 (BAY-FRIENDLY LANDSCAPING REQUIREMENTS FOR NEW CITY LANDSCAPING PROJECTS, CITY RENOVATION PROJECTS, AND PUBLIC-PRIVATE PARTNERSHIP PROJECTS) TO ARTICLE IV (WATER: CONSERVATION LANDSCAPING) OF CHAPTER XXX (DEVELOPMENT REGULATIONS) WHEREAS, the City finds that conventional landscaping within the City can contribute to environmental degradation, excessive consumption of fossil fuels, landfill waste and pollution; and WHEREAS, the City finds that green landscaping is awhole-systems approach that seeks to conserve natural resources, reduce waste, minimize water and pesticide use, stormwater runoff and watershed pollution; and WHEREAS, the City finds that the benefits of green landscaping include minimized maintenance, the creation of wildlife habitat, protection of local ecosystems through the use of native plant species, and the protection of the San Francisco Bay watershed; and WHEREAS, in Alameda County, the organization StopWaste.Org has taken the lead in defining and promoting environmentally friendly landscaping for the commercial, institutional and residential sectors and has developed Bay-Friendly Landscape Guidelines for professional landscapers and the Bay-Friendly Gardening Guide for residents that promotes green landscaping; and WHEREAS, the City finds that requiring new City landscapes, City renovation projects, and public-private partnership projects to incorporate Bay-Friendly Landscape Guidelines is necessary and appropriate to achieving the benefits of green landscaping in the City. BE IT ORDAINED by the City Council of the City of Alameda that: Section 1. The Alameda Municipal Code is hereby amended by adding a new Section, 30-60, which shall read as follows: BAY-FRIENDLY LANDSCAPING REQUIREMENTS FOR NEW CITY LANDSCAPING PROJECTS, CITY RENOVATION PROJECTS, AND PUBLIC-PRIVATE PARTNERSHIPS PROJECTS and is hereby added to the Alameda City Municipal Code to read as follows: Introduction of Ordinance #6-A 05-19-09 30-60.1 Purpose and Intent. To promote economic and environmental health in the City, it is essential that the City itself, through the design, construction, and maintenance of its own landscapes and landscapes it funds, provide leadership to both the private and public sectors by incorporating Bay-Friendly landscaping practices. The most immediate and meaningful way to do this is to require the integration of Bay- Friendly landscaping strategies in City landscapes and landscapes that are part of public-private partnership projects, and green infrastructure projects, including but not limited to, green grids, street edge alternatives, and green alleys. 30-60.2 Definitions. a. "Bay-Friendly Landscape Guidelines" means the most recent version of guidelines developed by StopWaste.Org for use in the professional design, construction and maintenance of Landscapes. City staff shall maintain the most recent version of the Bay-Friendly Landscape Guidelines at all times. b. "Bay-Friendly Landscaping Scorecard" means the most recent version of the Bay-Friendly Landscaping points system developed by StopWaste.Org. City staff shall maintain the most recent version of the Bay-Friendly Landscaping Scorecard in the Planning and Building Department at all times. c. "City Landscape Project" means any new construction or renovation of a Landscape owned or maintained by the City. d. "Covered Project" means all new Landscaping projects or Renovations of Landscapes that are either owned or maintained by the City or developed as aPublic-Private Partnership that equals or exceeds $100,000 (in 2009 dollars) in construction costs and adjusted annually to reflect changes in the San Francisco Bay Area Construction Cost Index published in Engineering News Record Magazine. e. "Bay-Friendly Landscaping Compliance Official" means the designated staff person(s) authorized and responsible for implementing this Article. f. "Green Alley" means an alley that is designed or reconstructed to reduce environmental impacts and discharges to the storm sewer system. g. "Green Grid" means an interconnected network of public open spaces, green corridors, footpaths and landscapes. h. "Green Infrastructure" means an adaptable term used to describe an array of products, technologies, and practices that use natural systems, or engineered systems that mimic natural processes, to recycle stormwater runoff, filter air pollutants, sequester carbon, and retain and infiltrate rainfall. Green Infrastructure practices may include green roofs, porous pavement, rain gardens, and vegetated swales. i. "Initiated" means officially identified and substantially funded to offset the costs associated with the project. j. "Landscape" means the parcel area less the building pad and includes all planted areas and hardscapes (i.e. driveway, parking, paths and other paved areas). k. "Public-Private Partnership" means any project built on City-owned land, primarily funded by the City, built as a project of the Housing Authority, Community Improvement Commission, or built under a Disposition and Development Agreement with the City. I. "Renovation" means any change, addition or modification to an existing Landscape. m. "Street Edge Alternative" means the incorporation of natural drainage, detention swales, additional landscaping, and the reduction of impervious surfaces in new road construction and the reconstruction of existing roads, where feasible. n. "Traditional Public Works Project" means heavy construction projects such as pump stations, flood control improvements, roads, and bridges, as well as traffic lights, sidewalks, bike paths, bus stops, and associated infrastructure on City owned and/or maintained property. 30-60.3 Standard For Compliance. a. All Covered Projects initiated on or after the effective date of this ordinance shall meet the most recent minimum Bay-Friendly Landscape Scorecard points and required practices as recommended by StopWaste.Org or its designee. b. For the purposes of reducing operating and maintenance costs in all City facilities and public-private partnership facilities, Covered Projects that do not meet the threshold that triggers compliance with the requirements of this ordinance shall meet as many Bay-Friendly Landscaping Scorecard points as practicable and are required to complete and keep on file the Bay-Friendly Landscaping Scorecard, in order to document the green building practices that have been incorporated into the project. c. The Public Works Department shall regularly review the project specifications used in bidding Traditional Public Works Projects to include and implement the best environmental practices and Bay-Friendly Landscape Guidelines applicable. 30-60.4 Implementing Regulations. a. The City Manager shall, within six months of ordinance adoption, promulgate any rules and regulations necessary or appropriate to achieve compliance with the requirements of this Section, consistent with the provisions of Chapter XXX (Development Regulations) of the Alameda Municipal Code. The initial rules and regulations shall be promulgated after securing and reviewing comments from affected City agencies and departments. b. The rules and regulations promulgated by the City Manager under this section shall provide for at least the following: 1. The incorporation of the Bay-Friendly landscaping requirements of this ordinance into the appropriate design, construction, maintenance, and development agreement documents prepared for the applicable Covered Projects. 2. The designation of an appropriate Bay-Friendly Landscaping Compliance Official(s) who shall have the responsibility to administer and monitor compliance with the Bay-Friendly landscaping requirements set forth in this ordinance and with any rules or regulations promulgated thereunder, and to grant waivers or exemptions from the requirements of this Section, and to report to the City Council regarding Bay-Friendly landscaping compliance on all Covered Projects and Traditional Public Works Projects. 30-60.5 Unusual Circumstances. Compliance with the provisions of this Section may be waived in unusual circumstances where the City Council has, by resolution, found and determined that the public interest would not be served by complying with such provisions. Section 2. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance is, for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance. The City Council of the City of Alameda hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, and phrase of this ordinance irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional. Section 3. All former ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance hereby adopted, to the extent of such conflict only, are hereby repealed. Section 4. This ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect 30 days after the date of its final passage and adoption. Presiding Officer of the Council Attest: Lara Weisiger, City Clerk City of Alameda ****** I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by Council of the City of Alameda in regular meeting assembled on the 19th day of May, 2009 by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 20th day of May, 2009. Lara Weisiger, City Clerk City of Alameda CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: May 19, 2009 Re: Appeal of December 17, 2008 Finance Director Decision and March 9, 2009 Bureau of Licenses Decision to Revoke the Business License of the "Purple Elephant" Located at 1537 Webster Street Suite B Alameda BACKGROUND This is an appeal by the Purple Elephant of the decision to revoke its business license. On December 17, 2008, the Interim Finance Director determined that the Purple Elephant had misstated the nature of its business activity when applying for its business license, and on these grounds, revoked its business license. The Purple Elephant appealed the decision of the Interim Finance Director to the Bureau of Licenses, which upheld the Interim Finance Director's decision on March 9, 2009. This appeal to the City Council challenges both previous determinations. This is a de novo hearing, and the administrative record regarding this matter is on file in the City Clerk's Office. DISCUSSION Pursuant to Alameda Municipal Code Section 5-2.1, no person may engage in business in the City of Alameda without a valid business license. Business license applications are reviewed and approved by the Finance Department. In order to apply for a business license, an applicant must complete a form, signed under penalty of perjury, which describes the business activity in question. This information is then reviewed by the Planning Department for conformance with the City's zoning code before the business license can be issued. On July 9, 2008, Mr. Luke Coleman, owner of the Purple Elephant, filed an application for a business license in the Finance Department. Mr. Coleman described the business activity as "miscellaneous retail," without revealing that his business was, in fact, a medical marijuana dispensary. It should be noted that the sale of marijuana for any reason is a violation of federal law. Additionally, on November 6, 2008, the City Council approved a moratorium on medical marijuana dispensaries as a land use, in order to provide an opportunity to study the potential impacts of this land use on the public health, safety and welfare. The moratorium was extended in December 2008 until June 30, 2010. City Council Report Re: Agenda Item #6-B 05-9 9-®J Honorable Mayor and May 19, 2009 Members of the City Council Page 2 of 4 On November 7, 2008, the Interim Finance Director issued the owner of the Purple Elephant a notice of a hearing to provide the Purple Elephant an opportunity to show cause why its business license should not be revoked on the grounds that the applicant did not state the true facts of the nature of its business when applying for the business license on July 9, 2008. Mr. Coleman was provided a copy of the complete administrative record prior to the show cause hearing. The show cause hearing was held on November 18, 2008, with then-Interim Finance Director, Ann Marie Gallant presiding as hearing officer. On December 17, 2008, the written decision of the Interim Finance Director was issued, setting forth detailed findings in support of the decision to revoke the business license. Specifically, the Interim Finance Director determined that: Mr. Coleman did knowingly submit, under penalty of perjury, a business license application for the Purple Elephant which did not set forth the true and complete facts regarding the nature of his business (described business as "misc. retail"). Mr. Coleman did not obtain any zoning clearance for a medical marijuana dispensary, since he did not set forth the true and complete facts of the nature of his business. Mr. Coleman was advised in writing of his right to appeal the decision. On February 24, 2009, his appeal was heard before the Bureau of Licenses, which body is comprised of the Finance Director, the City Manager and the Mayor. Interim Finance Director, Ann Marie Gallant, recused herself from the Bureau of Licenses, as she had acted as the hearing officer at the November 18, 2008 show cause hearing. The remaining members of the Bureau of Licenses presided over the appeal hearing. At the appeal hearing, the attorney representing the Purple Elephant did not contest any of the findings of the Interim Finance Director, but rather, asserted that the City had violated the due process rights of Mr. Coleman in that the hearing officer for the show cause hearing was not a neutral trier of fact, but rather, an employee of the City. On March 9, 2009, the Bureau of Licenses issued a written decision (signed by the Mayor on behalf of the. Bureau of Licenses) denying the appeal on the basis that no evidence was provided to refute the original revocation decision and upholding the original decision of the Interim Finance Director based on the uncontested record. Purple Elephant Appeal In the Purple Elephant's appeal to the City Council, Appellant asserts that his right of due process has been violated because: • Appellant only received 11 days notice of the hearing to show cause; • Interim Finance Director, Ann Marie Gallant had a blatant conflict of interest in that she is a paid employee of the City (citing Haas v. County of San Bernardino 27 Cal.4t~' 1017); • The decision of the Bureau of Licenses is only signed by the Mayor and, therefore, is not a final decision; Honorable Mayor and May 19, 2009 Members of the City Council Page 3 of 4 The Purple Elephant does not challenge any of the substantive findings supporting the decision of the Interim Finance Director or the Bureau of Licenses. As shown in the March 9, 2009, the Appellant received twice the amount of prior written notice required under the Alameda Municipal Code in order to show cause why the business license should not be revoked for the failure to provide true and accurate facts regarding the nature of the business. Alameda Municipal Code Section 5-3.7 requires only five days' prior written notice, and the business owner is in the best position to be able to explain the true and accurate nature of his or her business. The Bureau of Licenses also addressed Appellant's assertion that an employee of the City of Alameda cannot serve as neutral trier of fact and that specifically, Ann Marie Gallant was biased. As a full-time employee of the City, Ms. Gallant had no financial interest in the outcome of the show cause hearing, nor any personal interest in the matter; accordingly, no bias was found. The Bureau of Licenses also found the Haas case cited by Appellant was not on point, either, as that case concerned an ad hoc paid hearing officer, whose continued employment as a hearing officer was dependent on the outcome of the hearing. The Bureau of Licenses found Appellant's due process arguments to be without merit. Regarding Appellant's assertion that the March 9, 2009 decision is "not final" because it was only signed by the Mayor, the City Attorney has advised that there is no requirement under the Municipal Code or general law that every member of a hearing body sign a decision. The decision is valid with the Mayor signing on behalf of the Bureau of Licenses. FINANCIAL IMPACT This is an administrative appeal of the revocation of a business license. There is no financial impact. MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE This is an administrative appeal of a business license revocation, pursuant to the procedure set forth in Alameda Municipal Code Section 5-3.7. RECOMMENDATION Deny the appeal of the Purple Elephant and uphold the December 17, 2008 decision of the Finance Director and March 9, 2009 decision of the Bureau of Licenses to revoke the business license of the Purple Elephant. Honorable Mayor and Members of the City Council Respectfully submitted, ~~~~ Glenda D. a Interim F' ce ' ector May 19, 2009 Page 4 of 4 TH/GDJ:dI CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: May 19, 2009 Re: Adopt a Resolution Authorizing the Interim City Manager to Apply for Regional Measure 1 Bridge Toll Funds, Including Five Percent Unrestricted State Funds and Two Percent Bridge Toll Reserve Funds for the Operating Subsidy and Capital Projects for the City of Alameda Ferry Services, and to Enter into all Agreements Necessary to Secure These Funds for Fiscal Year 2009/2010 BACKGROUND In November 1989, voters approved Regional Measure 1 (RM1) authorizing a toll increase of $1.00 for vehicles on all state-owned bridges in the Bay Area. Up to three percent of the revenues derived from the toll increase are made available for transportation projects that reduce congestion on these bridges. The funds are divided into north and south bridge groups, as well as operating and capital funds. The Alameda ferry services are eligible for the southern bridge group operating and capital funds. Under an agreement with the Bay Area Water Emergency Transportation Authority (WETA), the City is submitting this year's RM1 application on behalf of WETA to the Metropolitan Transportation Commission (MTC) for FY 2009/2010 funds. MTC issued a Call for Projects for fiscal year 2009/2010 the week of May 3, with an anticipated application deadline of June 1, 2009. Staff will submit draft applications based on the City Council's review and approval of the proposed projects. DISCUSSION Applications for Operating Funds: MTC estimates that the southern bridge group operating funds will be approximately $1,442,487. Alameda/Oakland Ferry Service (AOFS) -The City requests $1,049,000 in RM1- 5% revenue. The proposed AOFS operating budget is $4,107,257. Adoption of the final pro forma budget is also on the May 19, 2009, City Council agenda. Projected AOFS revenue consists of: RM1 - $1,049,000 RM2 - $56,000 Measure B - $938,608 City Council Report Re: Agenda Item #6-C 05-19-09 Honorable Mayor and Members of the Council Port of Oakland - $70,649 Farebox Revenue - $1,993,000 May 19, 2009 Page 2 of 3 Alameda/Harbor Bay Ferry (AHBF) -The City requests $393,487 in RM1-5% revenue. The proposed AHBF commute operating budget is $2,098,702. Adoption of the final pro forma budget is also on the May 19, 2009, City Council agenda. Projected revenue consists of: ^ RM 1 - $393,487 ^ RM2 - $432,400 ^ Measure B - $269,400 ^ Transportation Improvement Fund (TIF) - $257,415 ^ Lighting & Landscaping Assessment District (CLAD) 84-2 - $71,000 ^ Farebox revenue - $675,000 Applications for Capital Projects: Southern bridge group funds available for capital projects are $463,993. The City is submitting two capital projects for RM1-2% funding. These are: Alameda Harbor Bay Barge Replacement -This project provides for purchase and installation of a used and refurbished landing barge at Harbor Bay. The total project cost is estimated to be $650,000. Funding consists of $75,000 from TIF and $356,000 from 2009 RM1-2%. The 2008 RM1-2% grant monies of $219,000, previously approved by MTC, will also be used to fully fund this project Bay Breeze Main Engine Rebuild -This project provides for the rebuilding of the boats two main engines. Project tasks include: a) engine parts, and b) shipyard drydock and installation. The total project cost is estimated to be $335,000. Funding consists of: $107,993 from RM1-2%, $172,007 from TIF, and $55,000 from Measure B reserves. FINANCIAL IMPACT There is no impact on the General Fund associated with operations of the Alameda ferries. AOFS: The AOFS is budgeted in the Capital Improvement Program (Project No. 621.20), with monies allocated through RM1, RM2 (for the WETA-owned Gemini), Measure B, farebox revenue, and a contribution from the Port of Oakland. The RM1- 5% grant request is for $1,049,000. AHBF: The AHBF is budgeted in the Capital Improvement Program (Project No. 621.10), with monies allocated through RM1, RM2 (for the WETA-owned Pisces), Measure B, TIF, CLAD 82-4 funds, and farebox revenue. The RM1-5% grant request is for $393,487. Honorable Mayor and May 19, 2009 Members of the Council Page 3 of 3 Capital Projects: The City is submitting two capital projects for a total RM1-2% grant request of $463,993. MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE The City's Ferry Service is consistent with the General Plan Transportation Element Guiding Policy 4.3.f. and the Transportation and Land Use Initiative of the Local Action Plan for Climate Protection. ENVIRONMENTAL COMPLIANCE In accordance with the California Environmental Quality Act (CEQA), the capital improvement projects are Categorically Exempt under the CEQA Guidelines Section 15301(c), Existing Facilities. RECOMMENDATION Adopt a resolution authorizing the Interim City Manager to apply for RM1 Bridge Toll funds, including Five Percent Unrestricted State funds and Two Percent Bridge Toll Reserve funds for the operating subsidy and capital projects for the City of Alameda ferry services, and to enter into all agreements necessary to secure these funds for fiscal year 2009/2010. Respec Ily submitted, -~~~ Matthew T. Naclerio Public Works Director Approved as to funds and account, Glenda . Ja Interim Finance Director By: Ernest Sanchez Ferry Manager h~ MTN:ES:gc cc: Watchdog Committee (Ferry) CITY OF ALAMEDA RESOLUTION NO. a~ ~s £"!. ~- ~. AUTHORIZING THE INTERIM CITY MANAGER TO APPLY FOR REGIONAL MEASURE 1 BRIDGE TOLL FUNDS, INCLUDING FIVE PERCENT UNRESTRICTED STATE FUNDS AND TWO PERCENT BRIDGE TOLL RESERVE FUNDS FOR THE OPERATING SUBSIDY, AND CAPITAL PROJECTS FOR THE CITY OF ALAMEDA FERRY SERVICES, AND TO ENTER INTO ALL AGREEMENTS NECESSARY TO SECURE THESE FUNDS FOR FISCAL YEAR 2009/2010 WHEREAS, Regional Measure 1 (November 1988) created revenues for allocation by Metropolitan Transportation Commission; and WHEREAS, the monies can be used to fund planning, operating and capital projects for water transit purposes which are designed to reduce vehicular traffic on the bridges; and WHEREAS, the public entities are eligible applicants; and WHEREAS, the City of Alameda operates the Alameda/Oakland Ferry Service (AOFS) and the Alameda Harbor Bay Ferry (AHBF); and WHEREAS, staff has identified the need for an operational subsidy for these ferry services; and WHEREAS, the City has identified the need for two capital projects necessary for the efficient operation of these ferry services; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Alameda does hereby approve the applications for both the AHBF and the AOFS for fiscal year 2009/2010 and authorizes the INTERIM CITY MANAGER to apply for Five Percent Unrestricted State Funds and Two Percent Bridge Toll Revenue Funds for the Operating Subsidy and Capital Projects, and to enter into all agreements necessary to secure these funds. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to forward a certified copy of this resolution to the Metropolitan Transportation Commission. *~**** Resolution #6-C 05-19-09 I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 19t" day of May, 2009, by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 20t" day of May, 2009. Lara Weisiger, City Clerk City of Alameda CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: May 19, 2009 Re: Authorize the Interim City Manager to Execute a Fourth Amendment to the Amended and Restated Ferry Services Agreement with the Port of Oakland to Extend the Term for One Additional Year at a Cost of $70 649 BACKGROUND On July 1, 2004, the City Council approved the Ferry Service Agreement between the City of Alameda and the Port of Oakland (the Parties), whereby the City, through its ferry operator, provides ferry service between Jack London Square and San Francisco for a set fee paid by the Port of Oakland (Port). In June 2005, the Parties entered into the Amended and Restated Ferry Service Agreement between the City of Alameda and the Port. Since that time the Parties have amended the Agreement to extend the term, set the fee paid by the Port for ferry service, and allow the City, with the Port's consent, to assign the Agreement to the Water Emergency Transportation Authority. The Parties now want to amend the Agreement, the Fourth Amendment, to set the Port's cost for ferry service and extend the term for one year. DISCUSSION The principal terms of the Agreement are: • Term: The Agreement term is one year beginning July 1, 2009. • Fee: As consideration for the City's provision of ferry service through the ferry operator between Jack London Square and San Francisco, the Port will pay the City $70,649 for fiscal year 2009/2010. This is 15% less than the $83,117 for ferry service provided by the Port for the past two years. On April 6, 2009, staff from the City Manager's Office, the Public Works Department, and the Water Emergency Transportation Authority met with Port staff to discuss the Port's ability to continue support at the previously funded level of $83,117. Port staff indicated that due to the current economic downturn, the Port's airport and maritime revenues have been severely reduced and all Port programs are required to be reduced by 15%. Therefore, the fee paid by the Port is reduced by this amount. City Council Agenda Item #6-Ci 05-19-09 Honorable Mayor and May 19, 2009 Members of the City Council Page 2 of 2 Port staff expects the Board of Port Commissioners to approve the Fourth Amendment at the Commission's June 16, 2009, meeting. A copy of the Fourth Amendment to the Agreement is on file in the City Clerk's office. FINANCIAL IMPACT This project is budgeted in the Capital Improvement Program (Project No. 621.20), with monies allocated through Regional Measure 1 funds, Measure B funds, and farebox revenue. There is no impact to the General Fund associated with Alameda/Oakland Ferry Service operations. MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE The City's Ferry Service is consistent with the General Plan Transportation Element Guiding Policy 4.3.f. and the Transportation and Land Use Initiative of the Local Action Plan for Climate Protection. RECOMMENDATION Authorize the Interim City Manager to execute a Fourth Amendment to the Amended and Restated Ferry Services Agreement with the Port of Oakland to extend the term for one additional year at a cost of $70,649. Respec ully submitted, Matthew T. Naclerio Public Works Director Approved as to funds and account, Glenda Interim Finance Director By: ~~~~~ ~~ Ernest Sanchez Ferry Manager MTN:ES:gc cc: Watchdog Committee (Ferry) CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: May 19, 2009 Re: Authorize the Interim City Manager to Execute aOne-Year Extension of the Sixth Amended and Restated Operating Agreement for the Alameda Harbor Bay Ferry and Adopt the Associated Budgets BACKGROUND In August 2004, the City of Alameda and Harbor Bay Maritime (HBM) entered into the Sixth Amended and Restated Operating Agreement for the Alameda Harbor Bay Ferry (AHBF). The agreement is a multi-year, modified fixed subsidy contract, in which HBM receives a fixed subsidy, and the use of two City-owned boats, while retaining farebox revenue. The agreement has been amended several times to extend the term and set service and subsidy levels. On March 3, 2009, the City Council amended the agreement to authorize the use of the WETA-owned Pisces and to allow the City to assign the Agreement to WETA. The City and HBM propose to amend the Agreement and extend the contract for an additional year beginning July 1, 2009. DISCUSSION There are no proposed changes to service levels or schedules. A copy of the Sixth Amendment to the Agreement is on file in the City Clerk's Office. The principal Amendment terms are: • Agreement Extension: One year, beginning July 1, 2009, and ending on June 30, 2010. This is the final year of the HBM multi-year operating Agreement. • Pro Forma Budget: AHBF fiscal year 2009/2010 expenses, excluding charters, are expected to total $2,098,702, including operator commute-only expenses of $1,287,400, and City contractual expenses of $811,302 (Table 1). Operator expenses include onboard labor costs of $690,000, which includes a contingency of $90,000 for a third deckhand for the WETA-owned Pisces. The budget assumes that WETA will fully reimburse the City for this expense. City Council Agenda Item #6-Cii 05-19-09 Honorable Mayor and Members of the City Council May 19, 2009 Page 2 of 4 City contractual expenses (Table 2) include: $60,000 for vessel maintenance contingency and $390,000 for fuel. If the fiscal year 2009/2010 total AHBF fuel cost is less than $390,000, then the unspent balance, to a maximum of $65,000, will be placed into the long-term reserve account (LTRA) and be available to HBM, if needed, for extraordinary maintenance expenses. LTRAs are the "sinking funds" accumulated over several years for major facility or vessel overhauls and refurbishments. In addition, there is a $287,000 operator subsidy, which is a $95,000 increase from the current year subsidy of $192,000. Total public funding, including farebox revenue, is $1,585,302 (Table 3). • Fuel: Since July 1, 2006, fuel cost has been apass-through expense paid by the City; HBM is not allowed any mark-up of fuel costs. The $390,000 budgeted for fuel assumes 120,000 gallons at $3.25 per gallon (Table 2). The price for fuel is currently $2.11 per gallon. • Vessel Maintenance Contingency: The budget also includes an AHBF vessel maintenance contingency as part of the HBM operating budget. These funds are held by the City and made available to HBM to offset actual vessel maintenance costs incurred in the fiscal year that exceeds the regular maintenance budget. At the end of the fiscal year, any unspent funds are transferred to the LTRA. For fiscal year 2009/2010, the contingency is $60,000 (Table 2). • Long Term Reserve Account (LTRA): The LTRA is an account used by the City to accumulate funds over time for use on major vessel capital projects such as equipment overhaul, replacement, ordry-docking. The fiscal year 2009/2010 LTRA allocation is $10,000 (Table 2). In addition, the LTRAs will be supplemented by any unspent funds from the Vessel Maintenance contingency, and up to $65,000 from any remaining balance in the fuel budget. • Subsidy: HBM will receive an operating subsidy of $287,000 in 24 semi- monthly installments of $11,958 each (Table 4). Farebox Recovery Ratio (FRR): The FRR is a measure of the percent of operating costs offset by revenue from ticket sales. FRR is calculated by dividing revenue from ticket sales by operating costs. The Metropolitan Transportation Commission (MTC) requires an FRR of 40% or better to be eligible to receive Regional Measure 1 (RM1) operating and capital grants. Under the proposed amendment, the AHBF FRR will be approximately 42.5% (Table 3). The AHBF has met or exceeded the 40% requirement since fiscal year 2005/2006. The FRR for the first 9 months of fiscal year 2008/2009 is approximately 42.0%. Honorable Mayor and Members of the City Council May 19, 2009 Page 3 of 4 Harbor Bay Ferry Terminal -The Harbor Bay Ferry Terminal, which is owned by the City, is managed and maintained by contract with the Harbor Bay Business Park Association (HBBP). The budget for fiscal year 2009/2010 is $77,000 and includes $71,000 for maintenance and $6,000 for insurance (Table 2). Property owners in the HBBP contribute $71,000 through the LLAD 84-2, Zone 5. The remaining $6,000 is from the Transportation Improvement Fund (TIF). • AHBF Capital Projects/Fiscal Year 2009/2010 - In addition to AHBF operations, there are three capital improvement projects estimated to cost $1,233,000, that are anticipated to commence during fiscal year 2009/2010 (Table 5). These projects include: upgrades to the Bay Breeze (generator replacement, main engine rebuild, and vessel drydock) at $508,000; the Harbor Bay Terminal Barge replacement ($650,000); and drydocking of the Express II ($75,000). These projects will be funded through RM1-2%, the Transportation Improvement Fund (TIF), the Carl Moyer Grant program, and Measure B. FINANCIAL IMPACT The project is budgeted under the Capital Improvement Program (Project No. 621.10). Public funding for fiscal year 2009/2010 operations comes from farebox revenue, RM1, Measure B, Regional Measure 2 (for WETA-boat operations) and TIF. The TIF is comprised of 50% of the tax increment within the HBBP and the construction improvement tax collected as part of the building permit process. The TIF was established to finance transportation-related projects that reduce traffic impacts from the HBBP development. The proposed TIF funding is detailed in Table 6. The farebox revenue is estimated to be $675,000, and assumes 139,000 tickets will be sold at an average cost of $4.85 each. Proposed capital projects of $1,233,000 are funded from RM1 ($682,992), Measure B reserves ($55,000), TIF ($456,611), and the Carl Moyer Grant program ($38,396). The AHBF Pro Forma Budget is provided as Table 1. Total fiscal year 2009/2010 revenue for both the AOFS and the AHBF is provided in Table 6. There is no impact to the General Fund associated with AHBF operations. MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE The City's Ferry Service is consistent with the General Plan Transportation Element Guiding Policy 4.3.f. and the Transportation and Land Use Initiative of the Local Action Plan for Climate Protection. Honorable Mayor and Members of the City Council RECOMMENDATION May 19, 2009 Page 4 of 4 Authorize the Interim City Managerto execute aone-year extension of the Sixth Amended and Restated Operating Agreement with the Alameda Harbor Bay Ferry and adopt the associated budgets. Respectf ly submitted, atthew T. Naclerio Public Works Director Approved as to funds and account, ~~ Glend a Interi in ce Director By: Ernest San ez Ferry Manager MTN:ES:gc Attachments: 1. Table 1 -AHBF Operating Expenses 2. Table 2 -City Contractual Expenses 3. Table 3 -AHBF Revenues Fiscal Year 2009/2010 (Public and Private) 4. Table 4 -AHBF Operator Subsidy 5. Table 5 -City Ferry Services Fiscal Year 2009/2010 Capital Projects 6. Table 6 -City Ferry Services Fiscal Year 2008/2009 Revenue cc: Watchdog Committee (Ferry) Table 1 - AHBF Operating Expenses ITEM FY 2009/2010 BUDGET FY 2008/2009 BUDGET 2008 ACTUAL I. Commute Service Vessel Ex enses Fuel n.a. n.a. n.a. Urea/Pisces Tank $21,000 n.a. n.a. Labor: Wa es, P/R taxes, Health, Pension $600,000 $544,000 $588,165 Pisces 3rd Deckhand $90,000 Maintenance En ineer/BB & Ex ress II $40,000 Maintenance En ineer/Pisces $60,000 Insurance essels BB and Ex ress II $90,000 $100,000 $86,961 Pisces $154,400 n.a. n.a. Vessel Maintenance $80,000 $120,000 $121,205 Total Vessel Ex enses $1,135,400 $764,000 $796,331 Non Vessel Ex enses SF Pier 48 rent 3 $24,000 $12,000 $11,340 Utilities, auto, le al, a roll rocessin $54,000 $54,000 $54,000 Admin Salaries $52,000 $50,000 $51,717 Ticket rintin ,web site, directo advertisin $12,000 $12,000 $4,250 Total Non Vessel Ex enses $142,000 $128,000 $121,307 O erator Fees• Overhead /Accountin $0 $0 $0 O erator Contin enc $10,000 $10,000 n.a Total O erator fees $10,000 $10,000 $0 Total Commute Service Cost $1,287,400 $902,000 $917,638 II. Charter/ Concessions Vessel Ex enses Fuel $1,000 $1,700 $923 Labor $1,000 $2,000 $964 Insurance $0 $0 $0 Vessel Maintenance: $600 $1,400 $580 Total Vessel Ex enses $2,600 $5,100 $2,467 Non Vessel Ex enses Dockin fees Sacramento, SF $400 $1,000 $828 Utilities, auto, le al, a roll rocessin $1,200 $1,200 $1,200 Admin Salaries $0 $0 $0 Marketin $0 $1,000 $0 Misc. (concessions, catering, ground trans ortation $30,000 $30,700 $30,110 Total Non Vessel Ex enses $31,600 $33,900 $32,138 O erator Fees: Overhead /Accountin $120,000 $120,000 $120,000 O erator contin enc / rofit $2,800 $3,000 $12,876 Total Charter/Concessions $157,000 $162,000 $167,481 Total o erator commute + Charter $1,444,400 $1,064,000 $1,085,119 III. Ci Contractual Ex enses Table 2 $811,302 $899,960 $809,354 City Council Attachet~oe!rot* 'I t® Agenda Item #6-Cii Total O erator commute + charter + Ci $2,255,702 $1,963,960 $1,894,473 Total O erator commute + Ci $2,098,702 $1,801,960 $1,726,992 (~~ Since zu~i, city nas paid fuel on apass-through basis. (2) Assumes a 4% increase during 2"d half of `09/10. (3) Includes anticipated increase in Port of SF lease cost. Table 2 -City Contractual Expenses ITEM FY 2009/2010 BUDGET FY 2008/2009 BUDGET 2008 ACTUAL O erations• S.F Fer Buildin Dockin fee $19,870 $25,000 $19,870 WETA/ SF Pier 48 Pisces Bare $107,000 n.a. n.a. Harbor Ba Terminal: Insurance $6,000 $6,000 $6,000 Maintenance $71,000 $65,000 $65,000 Fuel 120,000 als $3.25 ea. $390,000 $570,000 $464,014 MUN12 $31,000 $23,912 $22,830 Marketin excl charter $15,000 $15,000 $7,095 Cit Admin $81,000 $70,148 $80,567 Facilit Securit Officer $0 $0 $0 Risk Mana ement $17,926 0 $17,926 Interest Allocation 3 $0 $0 2,966 Office su lies/misc. admin/utilities $1,036 $2,800 $1,037 Back U boat $0 $0 $0 Audit Maze $1,470 $2,100 $1,470 Misc. $0 $0 $580 Lon Term Ca ital Reserve Accounts: Vessels: Ex ress II $5,000 $27,500 $27,500 Ba Breeze $5,000 $27,500 $27,500 HB Terminal $0 $5,000 $5,000 Subtotal reserves $10,000 $60,000 $60,000 Contin enc Vessel Maintenance $60,000 $60,000 $60,000 Fuel Contin enc $0 $0 N/A Subtotal Contin enc $60,000 $60,000 $60,000 Subtotal $811,302 $899,960 $809,354 Ca ital Pro'ects 4 $1,233,000 $75,000 $0 Total $2, 044, 302 $974, 960 $809, 354 (1) For FY 2008/09, assumes 120,000 gals at $3.25 per gallon. (2) Includes a $0.25 increase in the per MUNI transfer fee. (3) Interest charged by general fund to cover ferry fund deficits. (4) See Table 5. City Council Attachmee~t ~ to Agenda Item #6-Cii Table 3 - AHBF Revenues Fiscal Year 2009/2010 (Public and Private) Public Total Less Total Less Total Total Funding Source Amount Capital Projects Charter ~ Concessions Funding Less HBBPA Funding Less LTRA Less Spare Vessel Costs MTC RM1-5% $393,487 $393,487 $393,487 $393,487 $393,487 $393,487 WETA RM2: Spare Vessel/ Pisces $432,400 $432,400 $432,400 $432,400 $432,400 O erations $0 $0 $0 $0 $0 Measure B 1 $269,400 $269,400 $269,400 $269,400 $269,400 $269,400 Transportation Improvement Fund: O erations $241,415 $241,415 $241,415 $241,415 $241,415 $241,415 HB terminal insurance $6,000 $6,000 $6,000 $6,000 $6,000 $6,000 LTRA $10,000 $10,000 $10,000 $10,000 Capital and Maintenance ro'ects $456,611 LLAD 84-2 $71, 000 $71, 000 $71, 000 $71, 000 Harbor Bay Business Park Association $120,000 $120,000 120,000 Concessions $35,000 $35,000 Charter $2,000 $2,000 Subtotal $2,037,313 $1,580,702 $1,543,702 $1,423,702 $1,342,702 $910,302 Farebox 3 $675,000 $675,000 $675,000 $675,000 $675,000 $675,000 Total $2,712,313 $2,255,702 $2,218,702 $2,098,702 $2,017,702 $1,585,302 Farebox Recovery Ratio FRR n.a. n.a. n.a. n.a. 33.45% 42.58% (1) $144,400 in FY 2009/10 revenue and $125,000 in MB reserves. (2) HB Ferry terminal maintenance. (3) Projects 139,000 tickets sold @$4.85 each. City Council Attachment 3 to Agenda Item #6-Cii 05-19-09 Table 4 - AHBF Operator Subsidy ITEM FY 2009/2010 FY 2008/2009 FY 2007/2008 O erator ex enses 1 Bud eted $1,287,400 $902,000 $879,175 Less WETA Operator Spare Vessel 2 costs $325,400 N/A N/A Net o erator ex enses $962,000 $902,000 $879,175 Farebox revenue 1 Bud eted $675,000 $710,000 $609,105 Public subsid /earl 3 $287,000 $192,000 $270,000 Bi-Monthl subsid a ment 4 $11,958 $8,000 $22,502 (1) Commute Service Only (2) $21,000 -UREA $90,000 - 3`~ Deckhand $60,000 -Pisces Maintenance $154,400 -Pisces Insurance (3) Equal to net operator expenses less farebox revenue. (4) Paid in 24 payments of $11,958 each. City Council Attachment 4 to Agenda Item #6-Cii Table 5 -City Ferry Services Fiscal Year 2009/2010 Capital Projects Fundin Source Project: Cost RM1-2% FY'08-09 RM1-2% FY'09-10 MB Reserves TIF Carl Mo er TOTAL 1 Ba Breeze: .~ ~ ~~ ~a 7 i~a ~ ,~~ ,~7 . qj, L'n ~, ~ ~ Y n ,y+. ~ Y ,n,'-a n° ;phu4,s;~x'~ ry N •s . ' F ~ ~,a~t ;~~eta ,~i K~'Cy, S t~, ''4ap ^' '1ke 1*~ .."st'r.~ . k Generator Re lacement $92,000 $53,604 $38,396 $92,000 Main En ine Rebuild $335,000 $107,993 $55,000 $172,007 $335,000 D dock $81,000 $81,000 $81,000 2 HB Bar a Re lacement $650,000 $219,000 $356,000 $75,000 $650,000 (3) Express II Drydock $75,000 $75,000 $75,000 Total Ca ital Projects $1,233,000 $219,000 $463,993 $55,000 $456,611 $38,396 $1,233,000 City Council Attachment 5 to Agenda Item #6-Cii Table 6 -City Ferry Services Fiscal Year 2009/2010 Revenue REVENUE/operating Total Alameda Harbor Ba Fer AOFS Farebox $2,668,000 $675,000 $1,993,000 MTC RM1-5% $1,442,487 $393,487 $1,049,000 WETA RM2: S are vessel/Pisces $432,400 $432,400 S are vessel/Gemini $56,000 $56,000 O erations Measure B: '09/10 revenue $863,000 $144,400 $718,600 Reserves $345,008 $125,000 $220,008 Subtotal/MB $1,208,008 $269,400 $938,608 Port of Oakland $70,649 $0 $70,649 Trans ortation Im rovement Fund: Fer o erations $241,415 $241,415 HB terminal Insurance $6,000 $6,000 LTRA $10,000 $10,000 Ca ital ro'ects $456,611 $456,611 Subtotal/TIF $714,026 $714,026 LLAD 84-2/terminal $71,000 $71,000 Harbor Bay Business Park Associates $120,000 $120,000 Concessions $35,000 $35,000 Charter $2,000 $2,000 Subtotal $6,819,570 $2,712,313 $4,107,257 Ca ital Pro'ects Fundin 1 RM 1-2% FY '08/09 $219,000 $219,000 RM 1-2% FY '09/10 $463,993 463,993 MB Reserves $55,000 $55,000 BAAQMD/Carl Mo er $38,396 $38,396 Subtotal/ca ital ro'ects $776,389 $776,389 Total $7,595,959 $3,488,702 $4,107,257 (1) Does not include $496,611 in TIF for capital projects. City Council Attachment 6 to Agenda Item #6-Cii A5='I9-~~ CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: May 19, 2009 Re: Authorize the Interim City Manager to Execute an Amendment to the Agreement to Extend the Term for One Additional Year of the Blue & Gold Fleet Operating Agreement with the Alameda/Oakland Ferry Service and Adopt Associated Budgets BACKGROUND On August 1, 2004, the City of Alameda and Blue & Gold Fleet (B&GF) entered into an Agreement for the Alameda/Oakland Ferry Service (AOFS). The Agreement is a Cost Plus Fixed Fee contract wherein the operator receives a fixed management fee, and the use of two City/Port of Oakland jointly owned boats, while retaining farebox revenue. Operational costs are passed through to the City and paid in advance on a monthly basis. The City and B&GF (Parties) have amended the Agreement several times to extend the term, revise insurance provisions, set B&GF management fees, fix labor and maintenance rates, cap expenses, and allow the City to assign the Agreement to WETA. On December 8, 2008, the City and B&GF amended the Agreement (Tenth Amendment) to authorize use of the WETA-owned Gemini on the AOFS. The Parties propose to amend the agreement and extend the contract for one year, beginning July 1, 2009. DISCUSSION There are no proposed changes to service levels or schedules. The principal Amendment terms are: • Agreement Extension: One year, beginning July 1, 2009, and ending on June 30, 2010. Unless extended, the multi-year Agreement will terminate on June 30, 2010. Pro Forma Budget: The AOFS fiscal year 2009/2010 operations budget totals $4,107,257, compared to budgeted expenses for fiscal year 2007/2008 of $4,508,535. The decrease is in large part due to the decease in diesel fuel costs. AOFS expenses are detailed in Table 1. City Ccunc~s Agenda Item #6-Ciii 05-7 9-09 Honorable Mayor and Members of the City Council May 19, 2009 Page 2 of 3 ^ Operator Fees: B&GF fixed management and administration overhead fees will be held at the current level of $217,795 per year. In addition, the operator performance incentive based on customer satisfaction survey results and on-time performance, will remain at the current level of $84,698. Total operator fees including overhead, management, and performance will be $302,493, the same amount budgeted in fiscal year 2008/2009. In addition, onboard labor is expected to increase 3.7%, from the $1,498,466 spent in 2008 to $1,554,000. o City Costs: City expenses are expected to be $751,239, compared to the $846,277 budgeted for fiscal year 2008/2009 (see Table 2). City costs include $90,000 for marketing, $159,000 for operating contingency, and $50,000 for vessel and dock Long Term Capital Reserves (LTCR). Both of the City's ferry services have LTCR accounts, which are used by the City to accumulate funds over time for use on major vessel maintenance projects such as equipment overhaul, replacement, ordry-docking. • Fuel: Fuel is budgeted at $900,000 for 300,000 gallons at $3.00 per gallon. The budgeted amount for fiscal year 2007/2008 was $4.50 per gallon. The price B&GF currently pays for fuel is $1.66 per gallon. • Revenue: Public funding totals $4,107,257 and is provided from Regional Measure 1 (RM1), Measure B, Regional Measure 2 (RM2 -for WETA-owned Gemini operations only), the Port of Oakland, and farebox revenues (see Table 3). The projected farebox revenue of $1,993,000 assumes 417,600 tickets sold at an average cost of $4.77. This is a projected 4.5% decline from the 437,000 sold in calendar year 2008. ^ farebox Recovery Ratio (FRR): The FRR is a measure of the percent of operating costs offset by revenue from ticket sales. FRR is calculated by dividing revenue from ticket sales by operating costs. AOFS FRR is projected to be 49.1 % (see Table 4). The FRR for the first 9 months of FY 2008/2009 is approximately 49.0% Main Street Ferry Terminal: The City owns the Main Street Ferry terminal. The budget for fiscal year 2009/2010 is $92,000 and includes $25,000 for maintenance, $60,00 for an unarmed parking lot patrol guard, and $7,000 for utilities and an external security audit. A copy of the Amendment to the B&GF Agreement is on file in the City Clerk's office. Honorable Mayor and Members of the City Council FINANCIAL IMPACT May 19, 2009 Page 3 of 3 The AOFS is budgeted under the Capital Improvement Program (Project No. 621.20), with monies allocated through RM1, Measure B funds, RM2, farebox revenues, and a contribution from the Port of Oakland. The AOFS Pro Forma Budget is provided as Table 1. Total fiscal year 2009/2010 revenue for both ferry services is provided in Table 5. There is no impact to the General Fund associated with AOFS operations. MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE The City's Ferry Service is consistent with the General Plan Transportation Element Guiding Policy 4.3.f. and the Transportation and Land Use Initiative of the Local Action Plan for Climate Protection. RECOMMENDATION Authorize the Interim City Manager extend the term for one additional AOFS and adopt associated budgets. to execute an amendment to the agreement to year of the B&GF operating agreement with the Respec bmitte , Matthew T. Naclerio Public Works Director B y~ ~ rh,e~~l/c:% ~d~ Ernest Sanchez Ferry Manager MTN:ES:gc Approved as to funds and account, ~~~~ Glenda . J y Interim Finance Director Attachments: 1. Table 1 - AOFS Budgeted Expenses 2. Table 2 - AOFS City Expenses 3. Table 3 - AOFS Fiscal Year 2009/2010 Revenue 4. Table 4 - AOFS Farebox Recovery Ratio 5. Table 5 -City Ferry Services Fiscal Year 2009/2010 Revenue cc: Watchdog Committee (Ferry) Attachment Table 1 - AOFS Budgeted Expenses EXPENSES Budget FY 2009/10 Budget FY 2008/09 Actual 2008 Vessel Ex enses: Wa es 2 3 $1,554,000 $1,407,265 $1,498,466 Maintenance: Pier 9 $145,000 $145,000 $549,761 Outside contractors $145,000 $145,000 $206,406 Fuel $900,000 $1,350,000 $996,253 Urea $11,000 Insurance: $150,000 $77,181 Cit owned boats 55,000 WETA owned Gemini 45,000 Deductible a ment 50,000 Rental of Carrier boats $15,000 $12,000 $22,866 Misc. $5,000 $5,000 $12,047 Total Vessel Ex enses $2,925,000 $3,214,265 $3,362,980 Non-Vessel Ex enses: Contract services $7,000 $5,000 $6,288 Professional fees/le al $7,350 $7,000 $5,024 Customer Service $15,000 $35,000 $11,789 Taxes/ licenses $14,175 $13,500 $28,267 Insurance 7 0 0 $2,281 Port SF/ Pier 39 fees $85,000 $85,000 $75,057 Subtotal Non Vessel Ex enses $128,525 $145,000 $128,706 O erator Fees: Admin/Overhead fees $50,319 $50,319 $50,319 Mana ement $167,476 $167,476 $164,820 Performance Based Fee: On Time Performance $42,349 $42,349 $41,316 Customer Satisfaction $42,349 $42,349 $41,316 Subtotal O erator Fees $302,493 $302,493 $297,771 Subtotal/O erator Ex enses $3,356,018 $3,662,258 $3,789,457 City Contractual Expenses Table 2 $751,239 $846,277 $836,974 Total Ex enses Cit + O erator $4,107,257 $4,508,535 $4,626,431 PROJECTED REVENUE $4,107,257 $4,508,535 $4,626,431 (1) For FY 2008/09, assumes 300,000 gals at $3.00/gal. Includes tube oil. (2) The City's cost fora "capped" line item cannot exceed budgeted amount. City Council Attachment 1 to Agenda Item #6-Ciii Table 2 - AOFS City Contractual Expenses Item Bud et FY 2009/10 Bud et FY 2008/09 Actual 2008 O erations: Dockin fees: Fer Buildin $34,947 $40,189 $34,947 AT&T Park Giants $3,000 8,521 ARRA Bar a lease 54,000 2,500 MUNI $19,000 $17,267 $13,343 Marketin $90,000 $110,000 $126,970 Administration: Cit Admin $210,442 $210,442 $186,369 MTC SRTP $0 $3,000 $0 Audit $4,800 $4,000 $5,117 PVA Membershi $1,400 $1,400 $1,545 Office su lies $3,650 $3,500 $3,912 Risk Mana ement char a 18,000 0 17,926 Interest allocation $0 $0 23,509 Surve s $11,000 $16,000 $8,200 Subtotal O erations $450,239 $414,319 $424,339 Reserves: Long Term Capital Reserve: Encinal $20,000 $37,458 $37,458 Peralta $20,000 $37,500 $37,500 Dock Main Street $10,000 $15,000 $15,000 O erations Contin enc $159,000 $250,000 $250,00 Subtotal Reserves $209,000 $339,958 $339,958 Main Street Terminal: Annual Facility Security External Audit $3,000 $3,000 $4,837 Utilities Main Street $4,000 $4,000 $2,710 Main St Maintenance $25,000 $25,000 $13,758 Main Street Patrol Guard $60,000 $60,000 $51,371 Subtotal Terminal $92,000 $92,000 $72,676 Total $751,239 $846,277 $836,974 (1) The $210,442 is 3/4 of a $280,590/year staff position. The remaining'/. is an expense item in the Alameda Harbor Bay Ferry budget. Salary includes benefits and City overhead per Cost Allocation Study. (2) Short Range Transit Plan City Council Attachment 2 to Agenda Item #6-Ciii 05-'0 9-t~9 Table 3 - AOFS Fiscal Year 2009/2010 Revenue REVENUE TOTAL Farebox $1,993,000 WETA/RM2-Gemini $56,000 MTC RM1-5% $1,049,000 Measure B ~2> $938,608 Port of Oakland $70,649 Total $4,107,257 (1) AOFS: Approximately 417,600 tickets @ $4.77 each. (2) Includes $718,600 in FY 2008/2009 revenue and $220,008 in MB reserves. City Council Attachengnt,3 tp. Agenda Item #6-Ciii 05-19-09 Table 4 - AOFS Farebox Recovery Ratio (FRR) Total ex enses Less Lon Term Ca ital Reserve Accounts $4,107,257 $50,000 Subtotal o erations Farebox revenue Farebox Recove Ratio $4,057,257 $1,993,000 49.1 City Council Attachmea~t 4 tp Agenda Item #6-Ciii 05-19-09 Table 5 -City Ferry Services Fiscal Year 2009/2010 Revenue REVENUE/o erati p ng Total Alameda Harbor AOFS Ba Fer Farebox $2,668,000 $675,000 $1 993 000 MTC RM1-5% WETA RM2: $1,442,487 $393,487 , , $1,049,000 S are vessel/Pisces $432,400 $432,400 S are vessel/Gemini $56,000 $56 000 O erations , Measure B: '09/10 revenue $863,000 $144,400 $718 600 Reserves $345,008 $125,000 , $220 008 Subtotal/MB Port of Oakland $1,208,008 $269,400 , $938,608 Trans ortation Im rovement Fund: $70,649 $0 $70,649 Fer o erations $241,415 $241,415 HB terminal Insurance $6,000 $6,000 LTRA $10, 000 $10, 000 Ca ital ro~ects $456,611 $456,611 Subtotal/TIF $714,026 $714,026 LLAD 84-2/terminal $71,000 $71,000 Harbor Bay Business Park Associates $120,000 $120 000 Concessions $35,000 , $35,000 Charter $2,000 $2,000 Subtotal ' $6,819,570 $2,712,313 $4,107 257 Capital Pro ects Fundin 1 , RM 1-2% FY '08/09 $219,000 $219,000 RM 1-2% FY '09/10 $463,993 463,993 MB Reserves $55,000 $55,000 BAAQMD/Carl Mo er $38,396 $38,396 Subtotal/ca ital ro'ects $776,389 $776,389 Total $7,595,959 $3,488,702 107 $4 257 (11 nncc nn+ innli~rle @A(]G GA ~ :.. Tlr r_ _ ___. , , •~ -.,..., ,,,,. ,,,.,,,...., ~~~~,~ ~ ~ ~~~ ~ ~~ ivy caNnai projects. City Council Attachment 5 to Agenda Item #6-Ciii 05-19-09