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2009-06-02 Packet;~GCUV ~~~~~~,, ~ CITY OF ALAMEDA ®CALIFORMA ~> ~~~~~~ i SPECIAL MEETING OF THE CITY COUNCIL TUESDAY - - - JUNE 2, 2009 - - - 6:30 P.M. Time: Tuesday, June 2, 2009, 6:30 p.m. Place: Cit Council C1°iambers Conference Room, City Hall, corner of Santa Clara Avenue and Oak Street. Agenda: 1. Roll Call - City Council 2. Public Comment on Agenda Items Only Anyone wishing to address the Council on agenda items only, may speak for a maximum of 3 minutes per item 3. Adjournment to Closed Session to consider: 3-A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (54956.9) Name of Case: Ottaviano v. City of Alameda 3-B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 Number of cases: One 4. Announcement of Action Taken in Closed Session, if any 5. Adjournment - City Council -~ ~~ ~~~, ~ ~ ~~ "~ CITY OF ALAlVIEDA 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 - - - - - - JUNE 2, 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 MEETING OF THE CITY COUNCIL 6:30 P.M. CITY COUNCIL CHAMBERS CONFERENCE ROOM Separate Agenda (Closed Session) PLEDGE OF ALLEGIANCE 1. ROLL CALL - City Council 2. AGENDA CHANGES 3. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS 4. CONSENT CALENDAR Consent Calendar items are considered routine and will be enacted, approved or adopted by one motion unless a request for removal for discussion or explanation is received from the Council or a member of the public 4-A. Minutes of the Regular City Council Meeting Held on May 19, 2009. (City Clerk) 4-B. Bills for ratification. (Finance) 4-C. Recommendation to Accept to the Intersection Parkway/Webster Street Mariner Square Drive/Con Clerk to Record a Notice (Development Services) Phase II Infrastructure Improvements of Ralph Appezzato Memorial and Intersection Improvements at stitution Way and Authorize the City of Completion for the Improvements. 4-D. Adoption of Resolution Opposing Fiscally Irresponsible State Takeaways of Local Revenues. (City Manager) 4-E. Final Passage of 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) 4-F. Public Hearing to Consider Adoption of Resolution Confirming the Business Improvement Area Report for Fiscal Year 2009-2010 and Levying an Annual Assessment on the Alameda Business Improvement Area of the City of Alameda for Fiscal Year 2009- 2010. (Development Services) 5. CITY MANAGER COMMUNICATIONS (Communications from City Manager) 5-A. Presentation by Fiscal Sustainability Committee. (Development Services) 6. REGULAR AGENDA ITEMS 6-A. Public Hearing to Consider Collection of Delinquent Business License Fees Via the Property Tax Bills. (Finance) 6-B. Recommendation to Authorize the Interim City Manager to Submit an Application for Energy Efficiency and Conservation Block Grant Funds. (Alameda Municipal Power) 6-C. Introduction of Ordinance Approving and Authorizing the Sale of the Remnant Parcel at the Northeast Corner of the Intersection of Ron Cowan Parkway and Harbor Bay Parkway and Authorize the Interim City Manager to Execute All Necessary Documents. [Requires Four Affirmative Votes] (Public. Works) 6-D. Introduction of Ordinance Amending the Alameda Municipal Code by Deleting Chapter XX (Flood Damage Prevention) and Adding a New Chapter XX (Flood Plain Management) to Meet the Requirements of the Federal Emergency Management Agency (FEMA) Flood Insurance Program and Approve Updated Flood Insurance Rate Maps. (Public Works) 6-E. Receive a Report on Sunshine Community Task Force Referral. j (City Manager) 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 9-A. Consideration of Mayor's nominations for appointment to the Civil Service Board, Commission on Disability Issues, Historical Advisory Board, Housing and Building Code Hearing and Appeals Board, Planning Board, Public Utilities Board, Social Service Human Relations Board, and Youth Advisory Commission. 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 REGULAR CITY COUNCIL MEETING TUESDAY- -MAY 19, 2009- -7:30 P.M. Mayor Johnson convened the Regular Meeting at 8:04 p.m. ROLL CALL - Present: Councilmembers deHaan, Gilmore, Matarrese, Tam, and Mayor Johnson - 5. Absent: None. AGENDA CHANGES None. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (09- ) Presentation on Water Emergency Transit Authority Transition Plan and Emergency Management Plan. The Public Works Director gave a brief presentation. .John Sindzinski, Water Emergency Transit Authority (WETA) Planning Manager, gave a Power Point presentation. Councilmember Matarrese inquired what WETA's plans are once development starts at the Former Naval Air Station; further inquired whether the ferry serving Alameda and Oakland would move to said location. Mr. Sindzinki responded that WETA anticipates a close working relationship with the City to potentially reconfigure service or consider changes that would make the most sense given the proposed development at the Former Naval Air Station as well as ensuring that existing riders do not get short changed in the process; stated hopefully, the economy will improve by the time improvements are completed; additional ferry services are in demand. The Public Works Director stated the Transition Plan mentions the Alameda Point location; the Alameda/Oakland Ferry Service would be transferred over to the sea plain lagoon and would link up to the Harbor Bay ferry service; staff has applied for a discretional ferry boat grant. Councilmember Matarrese inquired what would happen to the riders in Oakland. Mr. Sindzinski responded plans are to keep the same level of Regular Meeting Alameda City Council 1 May 19, 2009 service out of Oakland and Alameda. Mayor Johnson stated a ferry service from Jack London Square to San Francisco has been discussed. Mr. Sindzinski stated the model is to operate the service directly from Oakland but is based on ridership estimates done five or six years ago; now is the time to be creative; the role is to make the ferry service work for as many people as possible. Councilmember Matarrese stated nothing is set in stone. Mr. Sindzinski stated making services work for as many people as possible is set in stone. Mayor Johnson stated the WETA Board discussed the obligation to ensure that attention would be given existing service levels before expanding. Mr. Sindzinski stated -the five-year plan addresses being able to operate all existing services and bringing two new routes on line. Vice Mayor deHaan commended WETA for looking at Alameda Point as the maintenance operation; stated hopefully, the developer understands the requirements; Alameda and Vallejo requested a certain amount of Return on Investment (ROI); inquired whether the matter has been addressed. Mr. Sindzinski responded the Transition Plan shows that existing services will be retained within the amount of funding available; costs need to be identified; a lot of work needs to be done. Vice Mayor deHaan stated that he recalls requesting a $2 million or $3 million ROI. The Public Works Director stated that he does not recall the amount; the City would be compensated for money that-could be used for other purposes; negotiations are still in progress. Keith Stahnke, Water Emergency Transit Authority Operations Manager, continued with the Power Point presentation. Mr. Sindzinski stated WETA is very cognizant of the long tradition and history that Alameda and Vallejo have in providing ferry services; WETA is committed to keeping services viable moving forward; Alameda has very sensitive needs in the event of a disaster. Regular Meeting Alameda City Council 2 May 19, 2009 The Public Works Director noted that Mayor Johnson sits on the WETA Board. CONSENT CALENDAR Mayor Johnson announced that the- Quarterly -Sales Tax Report [paragraph no. 09- ]; the Quarterly Treasury Report [paragraph no. 09- ]; and the Resolution Authorizing the Interim City Manager or Designee to Apply for a State Water Resources Control Board Loan [paragraph no. 09- ] were removed from 'the Consent Calendar for discussion. Councilmember Tam moved approval of the remainder of the Consent Calendar. Vice Mayor deHaan seconded the motion, which carried by unanimous voice vote - 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] (*09- ) Minutes of the Regular and Special City Council Meetings held on May 5, 2009. Approved. (*09- ) Ratified bills in the amount of $1,851,801.03. (09- ) Recommendation to accept Quarterly Sales Tax Report for the period ending December 31, 2008. Councilmember Tam stated there is some good news in today's economic times; Alameda is doing very well compared to the State in terms of sales tax. growth; the staff report is in depth and provides good, detailed information; Harbor Bay Business Park shows a positive change of 165.20; the City lost auto dealerships on Park Street; inquired whether Harbor Bay Business could off set the loss. The Interim City Manager responded in the affirmative; stated the City is fortunate to have a light industrial business park; the Business Park creates jobs and also stabilizes the retail sales which are very volatile in the economic recession; business-to- business is a very healthy category. Mayor Johnson stated that she attended a new ribbon cutting at Harbor Bay Business Park today; hopefully a restaurant will be included in the next phase; complaints have been received regarding the are not having food. The Interim City Manager stated the staff report covers the last quarter of the last calendar year. Regular Meeting Alameda City Council 3 May 19, 2009 Mayor Johnson stated stable numbers are because of the efforts of the Development Services Department. Vice Mayor deHaan stated the business-to-business category took a substantial drop between 2003 and 2004; the light industry segment has had substantial growth within the last two years; the business- to-business category has less impact on the General Fund; commended the Development Services Department; stated the philosophy has changed at the Harbor Bay Business Park; light industry has become prominent. Councilmember Tam moved approval of the staff recommendation. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. (09- ) Recommendation to accept Quarterly Treasury Report for the period ending March 31, 2009. Councilmember Tam requested clarification of the City's cash assets noted in the staff report. The Interim City Manager stated cash-on-hand includes funds in petty cash, change boxes, and the vault; cash-on-deposit includes money. in Certificates of Deposits, money markets, and investments; cash-on-deposit funds are accessible fairly quickly; working capital includes .funds on deposit with the Local Agency Investment Fund (LAIF); money is accessible within twenty-four hours; idle cash includes funds under management by registered investment advisors; bond proceeds include money left over from a debt issuance that are `kept in a trustee account; the City's total cash assets were $127,373,871 as of March 31, 2009. Councilmember Tam inquired whether working capital funds would be used if the City has to deal with that State borrowing $2 to 3 million from the City's General Fund. The Interim City Manager responded the State would give the City a "net check;" stated the State would take money before cash is distributed; a "net check" might not be enough to pay all bills in a ninety-day period. In response- to Vice Mayor deHaan's inquiry, the Interim City Manager stated $127,373,871 is all cash together; approximately $8.6 million is General Fund cash. Councilmember Gilmore inquired whether the $127,373,871 is real Regular Meeting Alameda City Council 4 May 19, 2009 cash in the aggregate from everywhere in the City and could be used for spending. The Interim City Manager responded the $127,373,871 cannot be used for spending; stated the amount is cash that the City is working with to invest and pay bills. Councilmember Tam moved approval of the staff recommendation. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. (*09- ) Recommendation to set June 2, 2009, for Public Hearing to consider collection of delinquent business license fees. Accepted. (*09- ) Recommendation to set the Public Hearing for delinquent integrated Waste Management charges for June 16, 2009. Accepted. (*09- ) Resolution No. 14329, "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." Adopted. (*09- ) Resolution No. 14330, "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-O1 (Marina Cove)." Adopted. (*09- ) Resolution No. 14331, "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." Adopted; (*09- A) Resolution No. 14332, "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." Adopted; and (*09- B) Resolution No. 14333, "Adopting California Environmental Quality Act Class 4 Categorical Exemption (15304 (G)) with Alameda County of the Upcoming Dredging Episode." Adopted. (09- ) Resolution No. 14334, "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." Adopted. Regular Meeting Alameda City Council 5 May 19, 2009 Vice Mayor deHaan stated the Development Services Department was recently loaned approximately $3 million for the Wilver "Willie" Stargel project; that he has concerns about borrowing money from the State and using the Sewer Fund as the source of revenue for repaying the loan; the process does not seem to be correct money management. The City Engineer stated staff planned on using economic recovery funds when interest rates were not known; staff has been advised that interest rates would be between zero and three percent; staff will finalize the loan if the proposed interest rate for the Clean Water State Revolving Fund are lower than interest rate received on the Sewer Fund balance; money is available and has been earmarked for the project; staff is trying to take advantage of any economic recovery monies available. Vice Mayor deHaan stated that he has concerns with an internal loan. The Interim City Manager stated Council approved a loan from the Sewer Fund to the CIC to complete the project and protect STIP p funds; the CIC is paying the Sewer Fund almost 3% in interest; the Sewer Fund has the opportunity to borrow the money from the State at less interest. Vice Mayor deHaan inquired how much interest the City is getting from the Sewer Fund to the CIC, to which the Interim City Manager responded 3%. Vice Mayor deHaan stated the profit margin is very thin. The Interim City Manager stated 20 is not too bad in this market. Councilmember Tam moved adoption of the resolution. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. (*09- ) Resolution No. 14335, "Approving Amendment No. 1 to the Long-Term Power Purchase Agreement between Iberdrola Renewables, Inc. and Alameda Municipal Power." Adopted. (*09- ) Resolution No. 14336, "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." Adopted. Regular Meeting Alameda City Council 6 May 19, 2009 CITY MANAGER COMMUNICATIONS (09- ) Financial "State of the City" The Interim City Manager gave a Power Point presentation. Mayor Johnson inquired whether the League of California Cities has taken a position regarding additional cuts threatened to cities if State propositions do not pass. Councilmember Tam responded the League of California Cities has taken a very strong, strident position that the State should be balancing its budget with State funds instead of counting on cities; the League has launched a campaign to guard coalition partners that depend so heavily on cities to provide some safety net programs; cities can adopt a Resolution of Hardship if payroll cannot be made without declaring bankruptcy. The Interim City Manager stated forty cities within California have stated they would experience financial hardship if the State borrows money from them; many cities do not have cash reserves; the convoluted logic is that cities could borrow cash with interest from the State for money that the State took from cities. Councilmember Gilmore inquired whether the obligation to the State would be discharged if a city filed bankruptcy, to which the City Attorney responded in the negative. Councilmember Gilmore. stated bankruptcy is a creature of federal law. Mayor Johnson stated cities need to review the City of Vallejo's [bankruptcy] case. Councilmember Tam inquired whether the City could be eligible to pass a Resolution of Hardship. The Interim City Manager responded there is no criteria stating that a city has to be in a certain dire state to pass a Resolution of Hardship; stated the idea behind a Resolution of Hardship is that every dime in the reserve cash balance has been spent and the city is operating on negative cash. Councilmember Tam stated cities would be penalized for prudent financial management. The Interim City Manager stated the City would have to stay frosty for the next few weeks to see what happens with the propositions. Regular Meeting Alameda City Council 7 May 19, 2009 Mayor Johnson stated larger cities do not have a lot of cash because obligations are so large; small cities do not have extra cash; mid-sized cities are the easiest target. The Interim City Manager stated that larger cities are self-insured and cash is protected to pay claims; larger cities are in a cash strapped situation; Alameda can weather the storm if the situation lasts for a year; now the State is coming after larger revenues to deal with structural deficits that have occurred over twelve years. Mayor Johnson stated the public should know the amount of money diverted by the State in the last seven years. The Interim City Manager stated the State has taken approximately $53 million from the City since the last recession. Councilmember Tam stated cities were supposed to inundate the State with a thousand calls after the Governor released the May revise. The Deputy City Manager stated that she made her case outlining how the Governor should look elsewhere for monies; that she requested local realtors and the Chamber of Commerce to call; the Chamber of Commerce alerted business associations to call; the Governor did not restore the Vehicle License Fee. Vice Mayor deHaan stated the Vehicle License Fee was paid back quickly in the past; inquired how much is the AMP note. The Interim City Manager responded the AMP note is the difference between the 0.4o and 10 [ROI] for the last thirty-six months, which is about $1.2 million and does not include the loan to start the telecom enterprise; a .reasonable repayment schedule needs to be reviewed. Councilmember Tam stated an appropriate approach would be to give direction to: 1) not pursue further workforce reductions; 2) review creative ways to delay calling in AMP loans; and 3) review ways to delay funding the internal service fund debts. The Interim City Manager stated the City needs to stay very alert and frosty; cities will need to speak louder than before. Mayor Johnson stated there are a lot of unknowns; cities need to be very careful. The Interim City Manager continued the Power Point presentation. Regular Meeting Alameda City Council 8 May 19, 2009 Councilmember Tam inquired whether the City could make money by investing in Oakland's 9o tax exempt bonds. The Interim City Manager responded the City can buy somebody else's taxable debt; departments paying debt service would not have to pay as much if the City could make more money by investing reserve funds and making a higher return for a year or two. Councilmember Matarrese inquired whether staff knows if Oakland would default; stated Oakland's deficit is extreme; tonight's election outcome could put Oakland's back up against the wall. The Interim City Manager stated the City needs to review credit ratings along with what assets back the debt. Vice Mayor deHaan inquired what is the City's current bond rating, to which the Interim City Manager respond AA-. Vice Mayor deHaan inquired what is Oakland's bond rating. The Interim City Manager responded that she does not know; stated the City could buy AMP's debt. Vice Mayor deHaan inquired what is the life expectancy of the various redevelopment projects. The Development Services Director responded the Business and Waterfront Improvement Project (BWIP) goes out to 2032; stated the West End Community Improvement Project (WECIP) goes out to 2026; Alameda Point Improvement Project (APIP) goes out to 2031. In response to Vice Mayor deHaan's inquiry, the Development Services Director responded terms were not changed when the areas merged. Vice Mayor deHaan inquired whether more bonding efforts are anticipated. The Development Services Director responded in the affirmative; stated there are limitations on when debt can be issued; debt can only be issued within the first twenty years of a project area's life; staff anticipates APIP's project life will need to be extended through an amendment process. Vice Mayor deHaan inquired what terms are granted through the amendment process. The Development Services Director responded ten years would be Regular Meeting Alameda City Council 9 May 19, 2009 requested; the normal life of a project usually coincides with the time debt is issued, which would typically be between twenty-five and thirty years. Vice Mayor deHaan stated the APIP clock is rolling. The Development Services Director stated APIP debt falls on lease revenue and the Alameda Reuse and Redevelopment Authority; currently, APIP does not have any debt. REGULAR AGENDA ITEMS (09- ) 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). The Planning Services Manager gave a brief presentation. Teresa Eade, StopWaste.Org Senior Project Manager, gave a Power Point presentation. Vice Mayor deHaan inquired what type of grants are issued. Ms. Eade responded that Bay-Friendly and Green Building Landscaping grants are issued; stated project teams and cities need to notify StopWaste.Org to receive technical assistance; grants range from $5,000 to $35,0'00 for Bay-Friendly Landscaping and range from $20,000 to $70,000 for Green Building Landscaping. Mayor Johnson stated the City received a grant for the Library. Ms. Eade stated the idea is to offset costs. Vice Mayor deHaan inquired what size project could be funded through a grant. Ms. Eade responded the City's policy would be about 10,000 square feet; stated grants require at least a 2,500 square foot irrigated area. Councilmember Tam moved introduction of the ordinance. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. Regular Meeting Alameda City Council 1 0 May 19, 2009 (09- ) 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. Mayor Johnson announced that she would recuse herself because she was a hearing officer on the Bureau of Licenses appeal. The Interim City Manager gave a brief presentation. Vice Mayor deHaan opened the public portion of the hearing. Proponents (in favor of appeal): Edward Higginbotham, Appellant's City Attorney; Robert Raich, Purple Elephant Collective, Inc.; Juliet Hopper, Richmond; Garland Lee Mahan, Alameda; Gary Lebitt, Alameda; Ann Channin, Alameda. Opponents (not in favor of appeal): Kathy Moehring, West Alameda Business Association (WABA); Robb Ratto, Park Street Business Association (PSBR). There being no further speakers, Vice Mayor deHaan closed the public portion of the hearing. Following Mr. Higginbotham's comments, Councilmember Gilmore stated the staff report notes that the substantive findings supporting the decision of the Interim Finance Director and the Bureau of Licenses were never challenged; the nature of the business was not described fully. and accurately because of the business owner's fear of federal prosecution; the transcript notes that the business owner stated that no one puts medical cannabis on anything because other cities such as San Francisco, Oakland, and Berkeley have contracts agreeing not to turn over information to the federal government; the business owner was not provided with the form so he did not put anything down; inquired whether the business owner did not accurately describe the nature of the business. Mr. Higginbotham responded it depends upon how accurately and completely is described; stated most businesses in the area have similar details of the business; general retail is accurate. Councilmember Gilmore stated the substantive findings were never challenged. Mr. Higginbotham stated the business owner has never been untruthful. Councilmember Tam inquired whether the Purple Elephant is still Regular Meeting Alameda City Council 1 1 May 19, 2009 operating after the two hearings, to which the Interim City Manager responded in the affirmative. The City Attorney stated the Appellant is permitted to continue to operate until the City reaches a final decision. Vice Mayor deHaan inquired whether ongoing efforts have been made to consider an ordinance. The City Attorney responded in the affirmative; stated a moratorium is currently in place on the particular land use in order to permit a study of where appropriate use would be within the City and what type of conditions would be necessary; the moratorium is in place until June of next year; a report will come back to Council. Councilmember Matarrese stated the first assertion states that the Appellant only received eleven days notice on a hearing to show cause; inquired whether the eleven days is in contradiction with State or federal law. The City Attorney responded in the negative. Councilmember Matarrese stated the second assertion states that the Interim Finance Director had a conflict of interest based upon the fact of being a paid employee in the capacity of the hearing officer. The City Attorney stated that she interprets the Haas case very differently than Mr. Higginbotham; the Haas case involved a paid hearing officer; the court discussed the inappropriateness because the hearing officer had interest in the ruling, which is not the case of an employee of the City. Councilmember Matarrese inquired whether the Interim Finance Director's status as the hearing officer is any different than Council's status as the ultimate Appeals Board as employees of the City, to which the City Attorney responded in the negative. Councilmember Gilmore stated that she did not see anything in the record that indicated that the Appellant received any zoning approval from the Planning and Building Department or that the Planning and Building Department had any opportunity to weigh in on the appropriateness for the City. Councilmember Tam stated the transcript notes that the hearing officer explicitly requested what was in the Appellant's mind when stating miscellaneous retail in order to classify the type of revenue and that there was a disclosure issue during the process; Regular Meeting Alameda City Council 1 2 May 19, 2009 that she wants to understand the classification of revenues. The Interim City Manager stated miscellaneous retail is used when there is no other identifiable source and the business does not fit into the industrial code of index. Councilmember Tam stated that staff should have some idea of the type of merchandise sold by classifying revenues; staff would not be able to understand whether revenues are on par with the industry without said information. The Interim City Manager stated indicating miscellaneous retail cross checks against a certain tax rate. Councilmember Tam stated the issue has come up in other jurisdictions where applicants have put down miscellaneous retail; the business license was challenged in court later; the court made a ruling in the 4th Appellant District in the City of Corona; the ruling states "Where a particular use of land is not expressly enumerated in a City's municipal code as constituting a permissible use, it follows that such use is impermissible;"inquired whether the use is not permissible if the City does not have an explicit permissible use for medical marijuana dispensaries. The City Attorney responded in the affirmative; stated the Zoning Administrator would need to determine whether the use is close enough to a permissible use in a particular location; otherwise, the use would not be permissible. Councilmember Matarrese moved approval to uphold the decision of the Bureau of Licenses to revoke the business license. Councilmember Gilmore seconded the motion. Under discussion, Councilmember Gilmore stated PSBR and WABA work very hard to attract new businesses; many times PSBR, WABA and the Development Services Department are aware of potential businesses looking for space before a business license is pulled; that she is not getting the sense that any dialogue occurred between the Appellant and business associations; that she is uncomfortable given the incomplete disclosure on the business license and lack of contact with local business associations; the Appellant did not solicit the opinions of the business associations; the process seems to have been done under cover. Councilmember Matarrese stated the business activity is illegal and is in conflict with Proposition 215; the City is caught in the middle; the findings of the two previous hearings merit upholding Regular Meeting Alameda City Council 1 3 May 19, 2009 the decisions of the Interim Finance Director and Bureau of Licenses; what happens in the future will depend upon what happens between now and June, 2010 when the issue will be addressed during the course of the moratorium. On the call for the question, the motion carried by the following voice vote: Ayes: Councilmembers deHaan, Gilmore, Matarrese, and Tam - 4. Abstentions: Mayor Johnson - 1. (09- ) Resolution No. 14337, "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". Adopted; (09- A) 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; (09- B) 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 (09- C) 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. The Public Works Director and Ferry Services Manager gave a brief presentation. Mayor Johnson inquired whether WETA has seen the proposed amendment language, to which the Ferry Services Manager responded in the affirmative. Mayor Johnson inquired what is WETA's response. The Ferry Services Manager stated WETA is interested in meeting with the Port of Oakland to see what can be done in the event of significant expenses; WETA is interested in the Port of Oakland's timeline; the Port of Oakland will hire a consultant to perform a thorough analysis of the barge and make recommendations about what needs to be done; WETA is interested in knowing how the Gemini would be impacted; the Alameda Main Street terminal is ready and modified to handle the Gemini; the Gemini is being held back Regular Meeting Alameda City Council 1 4 May 19, 2009 because the Port of Oakland's Clay Street docl~ has not been repaired. Mayor Johnson inquired-'whether the ferry would not stop at Jack London Square if the Port of Oakland withdrew funding; stated Jack London Square passengers are a significant part of the fare revenue. The Ferry Services Manager responded the Port of Oa]cland contributed approximately 49o percent of all tickets purchased in 2008; stated most riders are excursion riders and do not take advantage of commuter discounts; more than 500 of fare box revenue comes from Oakland; hopefully, the Port of Oakland will move quickly. Mayor Johnson inquired whether the entire ferry service would be in jeopardy without the Jack London service, to which the Ferry Services Manager responded in the affirmative. Councilmember Matarrese stated that he is not willing to insert the proposed paragraph because the jump from not finding money and killing the service is very short; inquired whether tonight's action could be delayed. The Public Works Director responded the matter could come back to Council; stated one option would be to allow the Interim City Manager to negotiate and bring the matter back before finalization. The Ferry Services Manager stated perhaps the Blue & Gold Fleet Operating Agreement could be extended on a month-to-month basis; that he has concerns because getting on the Port of Commissioners' calendar takes approximately two months; the Port of Oakland and Blue & Gold Agreements expire June 30, 2009. Mayor Johnson stated the Port of Oakland Agreement language needs to be reflected in the Blue & Gold Agreement. The Ferry Services Manager stated the Agreements already have language stating that the City can suspend the Contract if funding sources do not come through. Councilmember Gilmore stated Oakland's ability to fund dock side improvements is not technically the City's the funding source; language needs to be clear that if the Port of Oakland pulls out, it is tied to the existence of the ferry service in Oakland, not the funding source. Vice Mayor deHaan inquired where Oakland gets funding. Regular Meeting Alameda city council 1 5 May 19, 2009 The Ferry Services Manager responded from the Port of Oakland's General Fund. Vice Mayor deHaan inquired whether the Port of Oakland is entitled to Measure B revenue. The Ferry Services Manager responded Measure B revenue is strictly for Alameda's Ferry Services. Mayor Johnson stated WETA has access to a lot of funding not available to the City. The Public Works Director stated that the City Attorney is saying that Council could extend the Port of Oakland and Blue & Gold Agreements on a month-to-month basis. The City Attorney stated Council could authorize the Interim City Manager to negotiate a fourth amendment with the understanding that the new paragraph proposed would not be included. Vice Mayor deHaan inquired what is WETA's position on taking over the Ferry Service. The Ferry Services Manager responded the tentative transfer date is January 1, 2010; stated WETA has discussed using Measure 1B Preparation Funds for the Port of Oakland barge; WETA would need to negotiate with the Port of Oakland. Mayor Johnson stated that maintaining Oakland's ferry service is important because of the Oak Street to Ninth Street development. Councilmember Matarrese moved approval of the staff recommendation to apply for Regional Measure 1 Funds. Councilmember Tam seconded the motion, which carried by unanimous voice vote - 5. Councilmember Matarrese moved extension to the existing terms Oakland Agreements. approval of a month-to-month for the Blue & Gold and Port of Councilmember Gilmore seconded the motion, which carried by unanimous voice vote - 5. Councilmember Matarrese moved approval of authorizing the Interim City Manager to execute the amendment. to the Harbor Bay Ferry Service Agreement. Regular Meeting Alameda City Council 1 6 May 19, 2009 Councilmember Gilmore seconded the motion, which carried by unanimous voice vote - 5. The City Attorney stated Council may want to authorize the Interim City Manager to negotiate a fourth amendment to the Port of Oakland Ferry Service Agreement. Councilmember Matarrese moved approval of authorizing the Interim City Manager to negotiate a fourth amendment to the Port of Oakland Ferry Service Agreement. Councilmember Gilmore seconded the motion, which carried by unanimous voice vote - 5. ORAL COMMUNICATIONS, NON-AGENDA None. COUNCIL REFERRALS None. COUNCIL COMMUNICATIONS (09- ) Mayor Johnson requested that consideration of appointment to the Youth Commission be placed on the next City Council agenda. (09- ) Vice Mayor deHaan stated that the Mif Albright Golf Course is reopening Friday. (09- ) Vice Mayor deHaan stated an application has been submitted for a Flea Market at the College of Alameda; there were major concerns with the Antique Fair at Alameda Point; the community has concerns with re-estab]_ishing a Flea Market in the West End; hopefully, outreach has been done within the community and business associations regarding the matter. (09- ) Vice Mayor deHaan stated transmitting the last City Council meeting was problematic; inquired whether there is a backup system. Mayor Johnson inquired whether the problem was with Comcast or the City. The Public Works Director responded the problem was a Public Works problem; stated there was a staff mix up; staff corrected the problem as soon as they were aware. Regular Meeting Alameda City Council 1 7 May 19, 2009 ADJOURNMENT There being no further.. business, Mayor Johnson adjourned the Regular Meeting at 11:15 p.m. Respectfully submitted, Lana Stoker Acting City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Council 1 8 May 19, 2009 CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Glenda D Jay Interim Finance Director Date: May 28, 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 219827 - 220143 EFT 681 Void Checks: 219348 219732 219698 219895 219910 219964 141719 GRAND TOTAL Respectfully submitted, Interim Fi n e Dir for Council Warrants 06/02/09 Amount $1,937,053.38 $96,108.86 ($35.00) ($74.52) ($227.00) ($350.20) ($381.60) ($33.00) ($584.08) $2,031,476.84 BILLS #4-B 6/2/2009 City of Alameda Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: June 2, 2009 Re: Accept the Phase II Infrastructure Improvements to the Intersections at Ralph Appezzato Memorial Parkway/Webster Street and Mariner Square Drive/Constitution Way and Authorize the City Clerk to Record a Notice of Completion far the Improvements BACKGRQUND Catellus Development Corporation (Catellus) was selected as the Master Developer for the East Housing/Fleet Industrial Supply Center (FISC) mixed use development in 2000. Pursuant to the Disposition and Development Agreement (DDA), Development Agreement, Joint Implementation Agreement, and Construction Reimbursement Agreement between Catellus, the City, and the Community Improvement Commission (CIC) far the Bayport Project, Catellus Construction Company ("CCC") serves as the General Contractor for the CIC. Pursuant to the DDA, the CIC is responsible for demolition and construction of public backbone infrastructure improvements. The CIC is also responsible for implementing certain local traffic improvements, including those intersection improvements at Ralph Appezzato Memorial Parkway and Webster Sfireet (Catellus EIR Traffic Mitigation TC 6a-c) and Constitution Way and Mariner Square Drive (Catellus EIR Traffic Mitigation TC 5). The intersection improvement project was competitively bid, and McGuire and Hester Construction Gompany was selected as the lowest qualified bidder in January 2008. The project was completed in March 2009. DISCUSSION All work related to the improvements at Ralph Appezzato Memorial Parkway / Webster Street and Mariner Square Drive/ Constitution Way is complete. The work was performed in accordance with the contract documents prepared by BKF Engineers. Harris and Associates, City Engineer for the Bayport Project, issued a certificate of final completion for the project on March 31, 2009. The work is also acceptable to the Public Works Department. A copy of the certification documentation is on file in the City Clerk's office. City Council Agenela Item #4-C 06-Q2-09 Honorable Mayor and Members of the Gity Council FINANCIAL IMPACT June 2, 2009 Page 2 of 2 The funds for the improvement project were budgeted in the Bayport Project budget approved by the CIC and City Council in April 2005. The project was funded with traffic mitigation fees collected from the Project. MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE Plans and specifications. for the project were prepared, and the project was constructed, in accordance with City and Caltrans standards. ENVIRONMENTAL REVIEW An environmental Impact Report (EIR) was prepared and certified in 2000 for the Catellus mixed use project at East Housing/FISC. Based on that EIR, this project is a required mitigation far completion of the Bayport project and no additional California Environmental Quality Act (CEQA) review was required. RECOMMENDATION Accept the Phase II infrastructure improvements to the intersections at Ralph Appezzato Memorial Parkway/Webster Street and Mariner Square Drive/Constitution Way and authorize the City Clerk to record a Notice of Completion for the improvements. Approved as to funds and account, By: ,~, D bie otter ~` Glenda D. Jay Interim Finance Director Base Reuse and Community Development Manager CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: June 2, 2009 Re: Adopt a Resolution Opposing Fiscally Irresponsible State Takeaways of Local Revenues BACKGROU N D In 2004, California voters overwhelmingly approved Proposition 1A, which significantly restricts the State's ability to take local government revenues to help solve the State's budget deficit. The measure passed with 84% of the vote. Similarly, in 2006 voters approved a new Proposition 1A by 77%, thereby indicating their strong support for using transportation funding for transportation projects. Despite these voter-approved protections for local governments, the State's Department of Finance has recommended to the Governor that he take $2 billion in local property taxes from cities, counties, and special districts to help balance the State's budget. DISCUSSION The 2004 Proposition 1A protects local governments from State takeaways, but it also allows the State to begin "borrowing" local property tax dollars in FY 2008-2009. To do so, the State must declare a severe state fiscal hardship, and the Legislature must enact a statute providing for repayment, with interest, within three years. In addition, the State may not suspend the Proposition 1A protection more than twice in any ten- year period, and it must repay the funds and the interest prior to taking additional local dollars. The 2006 Proposition 1A provides similar protections for transportation funds, requiring the Legislature to declare a severe state fiscal hardship and enact a statute providing for repayment of the funds, with interest, within three years. In February, the Governor and legislative leaders agreed to hold a special May election in order to place several measures before the voters that would have provided funding to help close the deficit. With the defeat of Propositions 1A - 1 E on May 19 and an estimated deficit of $21 to $24 billion, the Governor and the Legislature are now, once again, turning to local governments to help solve their problem. Should the Governor and the Legislature agree on a budget that takes local revenues, the City of Alameda could face a loss of approximately $2.4 million in property taxes. The Department of Finance is also considering taking some unknown portion of local City Council Report Re: Agenda Item #4-® 06-02-09 Honorable Mayor and June 2, 2009 Members of the City Council Page 2 of 2 gas tax revenues and may attempt to reduce other local government funding. At this time, the State is not proposing an additional takeaway of redevelopment monies beyond what was taken last year (approximately $920,000 for Alameda). The California Redevelopment Agency is continuing to fight this prior takeaway in court and has been successful thus far. In May, the City eliminated 64 positions, 40 of which were filled. (Twelve of the filled positions are at the Golf Complex and were the subject of an earlier reduction in force.) This reduction in force will allow the City to save approximately $6.5 million and represents a 24-month sustainability plan. However, if the State succeeds in taking additional local revenues, beyond the $52.4 million it has taken since the early 1990s, the City will be forced to make additional, difficult choices, such as further reducing the workforce, reducing the amount of money allocated to equipment replacement, or spending down the limited fund balance. FINANCIAL IMPACT There is no impact to the General Fund from the adoption of this resolution. Should the State declare a severe fiscal hardship and take local property tax dollars, the City could face a loss. of approximately $2.4 million in FY 2009-10. The City also faces a potential unknown loss of local gas tax revenues. RECOMMENDATION Adopt a Resolution opposing fiscally irresponsible State takeaways of local revenues Respectfully submitted, ,~~~ Lisa Goldman Deputy City Manager CITY OF ALAMEDA RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALAMEDA OPPOSING FISCALLY IRRESPONSIBLE STATE TAKEAWAYS OF LOCAL REVENUES WHEREAS, the current economic crisis has placed cities under incredible ~ financial pressure and caused city officials to reopen already adopted budgets to make painful cuts, including layoffs and furloughs of city workers, decreasing maintenance and operations of public facilities, and reductions in direct services to keep spending in line with declining revenues; and WHEREAS, since the early 1990s the State of California has seized over $8.6 billion of city property tax revenues statewide to fund its budget even after deducting public safety program payments to cities by the State; and WHEREAS, in FY 2007-08 alone, the State seized $895 million in city property taxes statewide to fund its budget after deducting public safety program payments, while an additional $350 million in local redevelopment funds were seized in FY 2008-09; and WHEREAS, the most significant impact of taking local property taxes has been to reduce the quality of public safety services cities can provide since public safety comprises the largest part of any city's General Fund budget; and WHEREAS, in 20.04 the voters by an 84% vote margin adopted substantial constitutional protections for local revenues, but the Legislature can still "borrow" local property taxes to fund the state budget; and WHEREAS, on May 5, the Department of Finance announced it had proposed to the Governor that the State "borrow" over $2 billion in local property taxes from cities, counties, and special districts to balance the state budget, causing deeper cuts in local public safety and other vital services; and WHEREAS, in the past the Governor has called such "borrowing" proposals fiscally irresponsible because the State will find it virtually impossible to repay the local agencies, which will only deepen the State's structural deficit, preventing it from balancing its budget; and WHEREAS, the Legislature is currently considering hundreds of bills, many of which would impose new costs on local governments that they can ill afford, especially in this economic climate; and Resolution #4-D CC 06-02-09 WHEREAS, state agencies are imposing, or considering, regulations that will impose unfunded mandates on local governments without regard to how local agencies will be able comply with. these mandates while meeting their _other responsibilities; and WHEREAS, the combined effects of the seizure of the City's property taxes, increasing unfunded state mandates, and the revenue losses due to the economic downturn will necessitate additional, difficult budget reductions in order to ensure that the City continues to live within its means; and WHEREAS, a number of the City's financial commitments arise from contracts, including long-term capital leases and debt obligations which support securities in the public capital markets, that the City must honor in full unless modified by mutual agreement of the parties. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Alameda strongly and unconditionally opposes the May 5 proposal of the Department of Finance and any other proposals to borrow or seize any additional local funds, including the property tax, redevelopment tax increment, and the City's share of the Prop. 42 transportation sales tax; and BE IT FURTHER RESOLVED, that the City Council strongly urges the Legislature and the Governor to suspend the enactment of any new mandates on local governments until such time as the economy has recovered and urges the State to provide complete funding for all existing and any new mandates. **~*** I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 2nd day of June, 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 3rd day of June, 2009. Lara Weisiger, City Clerk City of Alameda r' ,. ~~ n. ~` 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: Final Passage of Ordinance #4-E CC 06-02-09 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 far 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 casts 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 2nd day of June, 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 3rd day of June, 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: June 2, 2009 Re: Hold a Public Hearing and Improvement Area Report Assessment on the Alameda Alameda for FY 2009-10 Adopt Resolution Confirming the Business for FY 2009-10 and Levying an Annual Business Improvement Area of the City of BACKGRQUND The Business Improvement Area (BIA) was established in 1989. Fees, based on sales volume, are collected within two Benefits Areas, "A" and "B," with "A" businesses paying slightly higher rates because of their proximity to the retail core. While the basic rate structure for retail and service business in both Benefit Areas has remained the same since inception, some fees do increase annually based on increases in the Consumer Price Index (CPI) for the San Francisco area. CPI increased fees include: the flat fee assessed non-retail, the fee paid by financial institutions, and the maximum charge in all categories. The City's Finance Department projects no significant BIA revenue increase this coming fiscal year after applying the CPI increase of 0.2 percent. On May 19, 2009, the City Council received information on the proposed FY 2009-10 Business Improvement Area (BIA) assessments and activities (Attachments 1, 2, and 3) and adopted a Resolution of Intention (Attachment 4) to Levy an Annual Assessment on the Alameda Business Improvement Area for FY 2009-10. DISCUSSION In developing and adopting their proposed activities and budgets, the Park Street Business Association (PSBA) and the West Alameda Business Association (WABA) held meetings with affected parties. These meetings were announced through business association invitations, newsletters, and/or personal contact. These efforts led to the approval of the PSBA and WABA BIA budgets by the members in attendance at these meetings. Notice of the Public Hearing was advertised in a newspaper of general circulation seven days prior to the hearing. The public hearing will give affected parties a final opportunity to comment on the proposed` assessment. During or following the public hearing, the City Council Public Hearing Agenda I#em #4-1= 06-02-09 Honorable Mayor and June 2, 2009 Members of the City Council Page 2 of 3 City Council may order changes in the report, including changes in the proposed activities,. boundaries or benefit areas. After the hearing, the City Council may adopt the Resolution confirming the report as originally filed or as changed. Adoption of the Resolution will constitute the levy of the assessment for FY 2009-10. FINANCIAL IMPACT BIA collection is done concurrently with the City's Business License. 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 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 Hold a public hearing and adopt a Resolution confirming the Business .Improvement Area Report -for FY 2009-10, and levying an annual assessment on the Alameda Business Improvement Area of the City of Alameda for FY 2009-10. Approved as to funds and account, ~~~~~~ Glend . J Ihteri finance Director By; a Dorene E. Soto Manager, Business Development Division Honorable Mayor and Members of the City Council __~-- By: ~-L®._, Sue G. Russell Economic Development Coordinator AMG/LAL/DES/SGR:rv Attachments: 1) PSBA letter and report 2) WABA report 3) Assessments 4) Resolution of Intention, adopted May 19, 2009 cc: Economic Development Commission Park Street Business Association West Alameda Business Association June 2, 2009 Page 3 of 3 Park ~trcet Business Association Apri123, 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: 510-523-1.392 ~ Fax: 51(1-523-2372 • email: parkstreef: (ai.aiamedanet.net • web: shopp~ Attachment 1 t0 Public Hearing Agenda item #4-P 06-Q2-08 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 fiscal 08/09 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 BUSIlo1ESS ASSOCIATION 2009/10 Membership Committee Work Plan Outline I . Conduct Meetings 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 1. Design 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 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 3. Print Advertising a. Continue Best of Alameda PSBR 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 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 Accumulated Carryover Total Income: EXPENSES: Personnel Services Office Staff Salary Worker's Comp Office Staff Benefits Payroll Taxes Sub Total Membership Services Committees Maintenance Salaries Maintenance Supplies Sub Total Indirect/Overhead Insurance Sub Total $85,000 $5,000 $90,000 $37,400 $1,350 $14,000 $10,500 $63,250 $1,900 $4,500 $1.6,350 $22,750 $4,000 $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 e 1,000 Newsletter/website/marketin 17 ,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 Public Hearing Agenda Item #4-F 06.02-09 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 AREA A = $ 128.00 Answering service. Architect AREA B = $ 83.00 Attorney Building maintenance Business services Construction Consultants Contractors Counselor Credit Unions with restricted membership Decorator PRO-RATED FEES Electrician Employment A B Engineer Gardener .128.00 83.00 Graphic arts Handyman JULY 128.00 83.00 Health/Medical professions Importers AUG 117.00 76.00 Insurance Landscape SEPT 107.00 69.00 Mail order Manufacturer OCT 96.00 62.00 Manufacturer's/sales reps Mortuary NOV 86.00 55.00 Newspaper publishing Nursing facility DEC 75.00 48.00 Painters Pest control JAN 65.00 42.00 Plumber Property management FEB 53.00 35.00 Real estate School/Instruction MAR 43.00 28.00 Security Stockbrokers APR 32.00 25.00 Tax consultants Travel MAY 25.00 25.00 Veterinary Wholesalers JUNE 25.00 25.00 City Council Misc. professional/office Attachment 3 to Public Wearing 1 Agenda Item #4-F BIA09-10. doc 06.02-09 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 BIA09-1 D. 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 ~ ~~ WHEREAS, Section 6-7 of Artiole II of Chapter VI of the Alameda ~' Municipal Code establishes the Alameda Business Improvement Area of the City of Alameda (hereinafter "Area"); and WHEREAS, the Area comprises all of the Park Street Business Area, included by reference on the map and list of inclusive addresses included in this Resolution as Exhibit A and C, respectively; and all of the Webster Street Business Area included by reference on the map and list of inclusive addresses included in this Resolution as Exhibit B and C, respectively; and 0 .~ m Gt, 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 "PSBR") and the West Alameda Business Association (hereinafter "WABA")designated PSBA and WABA to administer Business Impravement Area (hereinafter "BlA")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 davs before the public hearing. City Council Attachment 4 to Public Hearing Agenda Item #4•P 06-02-09 ~.. ' '~ `,., .,\ '-~. ~. ExH! B!T A: PariK Stree# ......__..~L~- A : Belief it A.r~a ~ $ : Benefit Ass B EXHIBIT B: Wef7st~r Strut geographic zone .~ .~ ~ t r ~.p Ry pr'~,a~t~r~~ /~ ,c r \\ _ ~~ \ ~~. ~~. ~ ~tC~~.ru`I.~.a A'F~F A_ ~~r1~~1,t ~/ i4 EXHII3TT C LIST OF ADDRESSES WITHIN BIA BOUNDARIES Combined List of Benefit Area "A" and "B" Zones: Geographic Area: Alameda Ave. 2300-2399 add/even Park St. Broadway 1400-1590 odd only Park St. Buena Vista Ave. 616-75U 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. Oak 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 Qnly Broadway 1400-1509 odd only Park St. Everett St. 1400-1519 odd/even Park St. Park St. 1125, 119$, 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 adapted and passed by the Council of the City of Alameda during the regular meeting of the City Council on the 19~"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: Lora, Weisiger, City Clerk City of Alameda ,~~~ CITY OF ALAMEDA RESOLUTION NO. ~~~ CONFIRMING THE BUSINESS IMPROVEMENT AREA REPORT ~~` FOR FY 2009-10 AND LEVYING AN ANNUAL ASSESSMENT ON THE ALAMEDA BUSINESS IMPROVEMENT AREA OF THE CITY ~ ~ ~ OF ALAMEDA FOR FY 2009-10 WHEREAS, Section 6-7 of Article II of Chapter VI of the Alameda Municipal Code establishes the Alameda Business Improvement Area of the City of Alameda (hereinafter Area); and WHEREAS, the City Council of the City of Alameda. desires to continue said Area in FY 2009-10 for the purpose set forth in Section 6-7.3 of the Alameda Municipal Code; and WHEREAS, a report has been filed with the City Clerk describing the surplus or deficit revenues to be carried over from FY 2003-09 and describing the improvements and activities, estimated costs and methods and basis for levying the assessment for FY 2009-10; and WHEREAS, the City Council at its regular meeting of May 19, 2009 adopted 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 to set a public hearing for such action; and WHEREAS, a duly noticed public hearing regarding each action was held by the City Council on June 2, 2009. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda that the BIA report for FY 2009-10 with any modifications as directed by the Council following closure of the Public Hearing, is hereby confirmed. BE IT FURTHER RESOLVED by the City Council of the City of Alameda that an assessment for the Business Improvement Area of the City of Afameda for FY 2009-10 is hereby levied. ****~* Resolution #4-F CC 06-02-09-09 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 2nd day of June, 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 3rd day of June, 2009. Lara Weisiger, City Clerk City of Alameda `'1.. .~ ..~ ~~ .,~ EXH1B{T A: Park Streef A.. ~EI2E-'~lt ~~3 B : BE:II~f l~ A~~ B C.~ ~~ •, EXH1~I~' 13: Weioster Street geographic zone .~ ,\ J/% ~' ° ~r /!! Cl } Ry ~'I~R ~' C~ CIAO, A.A A :. ~ene~zt Area , A ~ : Benefit Area ' B ~> EXHIBIT C LIST OF ADDRESSES WI'~HIN BIA Bt1UNDARIES Combined List of Benefit Area "A" and "B" Zones: Geographic Area: Alameda Ave. 2300-2399 odd/even Park St. Broadway 1400-1590 odd only Parlc St. Buena Vista Ave. 616-750 odd/even Webster Sta Central Ave. 630-760 odd/even Webster St. 2300-2499 odd/even. Park St. 2501, 2521 Parr St. Eagle Ave. 633-707 odd/even Webster St. Encinal Ave. 2300-2499 odd/even Parlc 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. Oak 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 Par1c St. Santa Clara Ave. 700-720 odd/even Webster St. 2300-2599 odd/even Park St. Taylor Ave. 634-725 odd/even Webster St. Times Wy. 2300-2399 odd/even Parlc St. Webb Ave. 2400-2499 odd/even Parlc 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. Everetti St. 1.400-1519 odd/even Park St. Park St. 1125, 1.198, 1200-1251 Parlc St. oddleven, 1600-1999 Santa Clara Ave. 2500-2599 odd/even Park St. Lincoln Ave. 2267-2499 odd/even Park St. Cetlfiral Ave. 2431, 2433, 2440, 2501, 2521 Park St. 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: June 2, 2009 Re: Receive the Long Range Financial Plan Prepared by the Fiscal sustainability Committee BACKGROUND On May 2, 200$, the City Council discussed the potential establishment of a Blue Ribbon committee to provide policy guidance to the City Council to ensure Alameda's fiscal sustainability. The discussion focused on the challenges facing municipalities like Alameda, the uncertainties of historic revenue resources, the mix of resource dependency, and the economic cycles that affect this mix of financial resources and the City's ability to deliver services. The City Council appointed a subcommittee comprised of Vice Mayor deHaan and Council Member Matarrese to establish guidelines and make recommendations regarding the scope and composition of the committee. On July 1, 2008, the City Council approved the formation of the Fiscal sustainability Committee (FSC) and the committee's scope of work. In August 2008, the City Council appointed a 13-member FSC co-chaired by the elected City Treasurer and City Auditor. The FSC was tasked with reviewing the City's budget, including past performance and future obligations and needs, and make recommendations regarding best practices to assist the City Council with fiscal policy and funding decisions. DISCUSSION The FSC has met twice monthly since August 2008. The members have reviewed the services delivered by the City, heard updates from staff on the fiscal status of the City, and at the request of the City Council, made a recommendation regarding the funding of the Other Post Employment Benefits (OPEB) liability. This last task consumed the first three months of the FSC's work. The subject is of such complexity that staff and consultants made presentations to the FSC so that ail of its members would have a substantive understanding. The FSC presented its OPEB recommendation to the City Council at its October 21, 2008, meeting. The FSC members have heard presentations on the services provided by the City, the financial structure of the City, and details regarding the major resources and uses of the City Council Agenda Item #5-A 06-02-09 Honorable Mayor and June 2, 2009 Members of the City Council Page 2 of 2 funds available to the City. Members were assigned areas for research and reporting in accordance with their own areas of expertise. All 13 members contributed to the construction of the report. During the process, Chairman Kennedy made several presentations to local service organizations and to the Economic Development Commission to update them on the FSC's findings to date. Each presentation generated additional questions and issues for review, which have led to further FSC discussions. The City Manager's Office and the Finance Department have provided ongoing information and data as the City's economic conditions have changed. All City departments have been very cooperative and helpful in providing detailed information and assistance to the FSC in aiding their understanding of a variety of complex issues and. concerns. While this final draft of the report, which. is on file in the City Clerk's Office, is being delivered later than the FSC had originally outlined, it has carefully incorporated major fiscal adjustments that have arisen during the document construction period. FINANCIAL IMPAGT The draft report contains several suggestions for the City Council, which, if implemented, will have financial impacts for the Gty. All of these suggestions need to be carefully reviewed within the context of the entire budgetary process. The City Council is receiving a report that was generated by volunteers offering many hours of service. No dollar value has been assigned to these volunteer hours. RECOMMENDATION Receive the Long Range Financial. Plan prepared by the Fiscal Sustainability Committee. Respectfully submitted, <<, ~.., ._ ,.. `~. ~- _.. c:,...______ Kevin Kennedy ~ ~~ Chair, Fiscal Sustainability Committee ~`'~ AMG/KK/DES:rv cc: Fiscal Sustainability Committee CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: June 2, 2009 Re: Hold a Public Hearing to Consider Collection of Delinquent Business License Fees Via the Property Tax Bills BACKGROUND City of Alameda Ordinance No. 2655 added Section 5-7.2, entitled "License a Debt," and enacted several amendments and additions to the business license provisions of the Alameda Municipal Code. Specifically, the ordinance provided for the collection of delinquent business license fees and charges via the property tax bill. In order for this assessment to be valid, it must satisfy the basic requirements of due process. The owners must be given fair and adequate notice regarding the assessment and an opportunity for a hearing, DISCUSSION The Finance Department continually pursues collection of business license tax from owners and managers of commercial and multi-family residential rental properties with no current business license. Although the Business License Ordinance states that a notice or bill is not required, property owners are notified by mail using the last mailing address shown in the County tax records and are given approximately two months to respond prior to sending the final notices. This year, final notices were mailed on April 15, 2009. Included with the notice was contact information written in the six languages most commonly spoken within Alameda. There were 51 rental properties identified as not having current licenses as of March 17, 2009. In the interim, fees in the amount of $19,558.20 on 24 parcels have been paid; fees on 27 parcels remain unpaid. As in past years, payments will be accepted through June 30, 2009, the date of filing with the County Tax Collector. Those parcels for which licenses and fees are paid will not be placed on the tax roll. FINANCIAL IMPACT Business license fees are due and payable on July 1 of each year and are deemed delinquent if not paid by July 31 of each year. Collection efforts ensued from August 2008 City Council IPublic Hearing Agenda Item #6.q 06-0~-09 Honorable Mayor and Members of the City Council June 2, 2009 Page 2 of 2 penalty is imposed for every month the fee is delinquent, up to a maximum of 60% of the annual fee. The total late charge included in the amount due as shown in the attached list is $7,807.93. RECOMMENDATION Authorize collection of delinquent business license fees via the property tax bills. Respectfully submitted, ., ~ Glenda .Jay Interim 'nan Director `~G~.~-2,ec ~~C~ ~.~... By: Laura Gwynne Supervising Accountant GJ:dI Attachment Exhibit 1 - 2009 Business License Attachment C d1 U tLS .,=.~ Q N N C N U J C .~ C m O 0 O N y y o 0 0 o v o r o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~r M o r. m o o o o M O M O O O O O O O O O O O O O O Cfl o o o~ ~i- o ~- LL ~ O N N N ~.[> M O> M CO CO c0 N O c0 co O cfl N M M d' M M 'd' M M N h ~ O ' O O O r M el° M CO I` ~ M M ~ M N ~ O M M C9 M M M r (g O7 O N U d' :- r° r ~ N r N 07 ~.(7 N N 'mot' N M M N ~° N N N N M d' d' r C1 cfl v ~ r m ~ J ~ 0 0 0 0 ~1' 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N M O M 0 0 0 0 'ct 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CO 0 0 N CO O 01 ~ ~ O N N N M ~ H M O CO CO h O CO CO O Cfl N M M ct I~ M 'd' ~ ~ N f~ ° U u~ I~ ~ ti M O to O a r O M M O N N O I~ O O N M O d° d- C4 t~ O d r (~J r r C~ N r r r r r r r N N 00 ~ ~ ti' h G1 J C ~ O O O O O ' O N O O O O O O O O O O O O O O O O O N O O e!' ~ ® 0 0 0 0 d O M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1~ M O N ~ O O O O I~ ' O M O CO O O LSD ' 0 0 0 0 0 0 0 0 0 ' CO ' 0 0 M N O C1 - ~ ~ ~ N N r N r N r d ~ M r 07 M r r M CO M CO r d r O M CO r r N O N CO r N r M r M r d mil r M r d" N CO r O N N r 09 O p N h Q O O C O ~ N O ~ N N ~ .,~ N „~ ~ N ~ N ~ N ~ +~ N O ~ N s O ~ .... 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Y U 7 ~ ~ f6 O V ~ C O 4- 4- -1~ ~ (t5 N C G ~ \ \ Y i° O M L.6J .~ Z ~ ~ ~ N O ~ ~ = _ U ~ U N ~ 0 0 ~ ~ 0 ~ ~ V ~ c ~ c ~ C ~S U c . i ~ (n ` ® ~ ~ }° J N N N fn L ~ C C C ~~- W •~- O LL fn ~ >~ +. fn E ~ O N c ~ ' •~ C ..C ~ -a U N N N ~ W O N ~ m » 3 ~ ~ ~ N p p c c ~ 'C . ~ ° ~~ ~ ~ ~ ~ ~ ~ ~ c ~ o C c ~ ° O r N o 2 ~ = ~ -~ m ~l a~ vl ca eJ ~ J ca ~ ~ ~ ~ ca Z co Z a~ Z Z Z Z ° d c~ ~ co 6.' c~ (n ° Cn ~ I- ~ ~ o o 07 fe N r d' Cfl r r O O r M N Cfl CO N C1' ~ N r CO N ' N ~ Cr N M I 11 N r M ' M ~ M d' ~' N ~ M N r h- ~ O ' M M ' CO O CO ' M r M ~ O Cj' tC) r ~ 0 I~ O O ~° O O r M 0 M M V ~ N ' ~7 ' O M d M O ~ M lf> M M O M M M O r L(1 ~p O (,fl CI' O M r i N ~ d V' r N N M r f` N M N M M r (~ C~ M N ~ N r ~ r r M G ~ ti ~ ~ ~ o ti ti ~ ti ~ ti ~ ~ ® ti ~ ~ ti . I~ ~ ti M ~ ~ ~ ~ 07 CO r l[) N le ti ti ~ r f~ LO N N CO d' M d' f~ ~ C9 I~ N ti M I` r M ~ O f~- O r r N M C~ to O I~ M O M 07 CO LC) r M M M I~ O N 67 O I~ ~ ti J (U d' M CO Cfl O d' L(~ r M M O M N d' d' M M M '~ m N O N r r 0 0 O O N O N O O N O 0 0 0 O 0 0 0 O O O O M O M O O M O O O O O e ~ U ° ' O r N M ~ t1') C9 f` M CA O r N M CY ~.f> CO f~ r N M C LC5 Cp I~ M W r r r r r r r r r r N N N N N N N N city council Attachment to Public Hearing Agenda Item #6-A Q6-®~-Q9 CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: June 2, 2009 Re: Authorize the Interim City Manager to Submit an Application for Energy Efficiency and Conservation Block Grant Funds BACKGROUND On February 17, 2009, President Obama signed the American Recovery and Reinvestment Act (ARRA), also known as the Stimulus Bill, into law. The $787 billion bill includes $355 billion for upgrades to transportation, infrastructure, construction, health care programs, education and housing assistance, and energy efficiency projects; $144 billion in state and local fiscal relief; and $288 billion in personal and business tax credits. The Energy Efficiency and Conservation Block Grant (EECBG) Program, which was authorized by Congress several years ago but never funded, is receiving $3.2 billion in ARRA funding for fiscal year 2009. The majority of this. funding, more than $2.7 billion, is being distributed through formula grants, and the City of Alameda is receiving $640,600 from this program. The remainder of the funding, $455 million, will be allocated through a competitive grant process. EECBG formula grants are being administered by the Department of Energy (DOE). DISCUSSION The $787 billion ARRA is intended to preserve and create jobs, promote economic recovery through investments in infrastructure and other programs, and assist those most impacted by the recession. The EECBG furthers these goals by providing funds to create programs that reduce fossil fuel emissions, reduce the total energy use of eligible entities, improve energy efficiency in the transportation and building sectors, and spur economic growth and create and/or retain jobs. Some of the specific approved activities include using renewable energy technologies in government buildings, developing and implementing transportation programs to conserve energy, performing energy audits, and developing energy efficiency retrofit programs. The DOE ' is encouraging applications that leverage other public and private resources, enhance workforce development, persist beyond the funding period, and promote energy market transformation. In March 2009, the City formed an interdepartmental Stimulus Bill Team (SBT), with representatives from the Public Works Department, the Housing Authority, Alameda City Cauncil Agenda Item #6-B 06-02.09 Honorable Mayor and June 2, 2009 Members of the City Council Page 2 of 6 Municipal Power (AMP), and the City Manager's Office, to explore and pursue opportunities under the ARRA. AMP is the lead department overseeing the ARRA energy related program development and application processes. In determining the programs to submit for the EECBG formula money, staff evaluated a variety of programs based on such criteria as energy savings, relative fit within overall EECBG allocation, climate change impacts, return on investment, job creation, promotional value, ease of implementation, and maximized benefit to the community in general. Nine potential projects were taken to a second stage evaluation, where specific program costs and confirmation of technological feasibilities were considered. As a result of that evaluation process, the team identified a group of five recommended programs that best fit the EECBG specific purpose, activities, and prioritized criteria. Finally, the team verified that each of the five programs would bring substantial benefit to Alameda. Attachment 1 provides additional detail on these projects, including data that demonstrates compliance with the EECBG specific purpose, activities, and prioritizations. RECOMMENDED EECBG PROt~RAMS 1. Solar on the Main Library The SBT recommends the construction, installation, and connection of a 66-kilowatt photovoltaic system at the Main Branch of the Alameda Free Library. The nature of the program is consistent with the criteria set forth in the specific purpose of the program, and with. the EECBG activity area of "Renewable Energy Technologies on Government Buildings." In addition, the original Main Library design included the installation of solar panels. Although the panels were subsequently removed from the project as acost-cutting measure, the solar roof support infrastructure for the panels remains in place. The City of Alameda Public Utilities Board has suggested that the project include an educational and informational component that could be easily utilized by community members to access information about system design, installation, performance, capacity, cost, and general benefit to library operations. This feature of the project could also inform and highlight the positive environmental aspects of the system. The project is designed to provide for 19 percent of the library's annual electric load, and reduce greenhouse gas emissions by 67,999 pounds of carbon dioxide equivalent. The project is also consistent with the City's Local Action Plan for Climate Protection and furthers progress toward the Greenhouse Gas Reduction Target contained in that plan. To fund this program, a request of $414,000 would be included in the EECBG application, with those funds leveraged by an AMP five-year total solar rebate of $156,728, and by the existing infrastructure described above. Honorable Mayor and Members of the City Council June 2, 2009 Page 3 of 6 The Public Works Department would act as the program management agency for the EECBG-funded components of the Solar on the Main Library Program, 2. Webster Street SMART Corridor Management Program The Webster Street- SMART Corridor Program, which would be implemented in conjunction with the Alameda County Congestion Management Agency (CMA), will reduce traffic congestion, improve transit service, and enhance emergency access from the intersection of Webster Street and Central Avenue in Alameda, through Harrison Street and 7th Avenue in Oakland. This program has four primary elements: traffic signal priority mechanisms for use by transit agencies, traffic signal preemption capacity for emergency vehicles, traffic signal coordination to facilitate traffic flows, and the installation of Intelligent Transportation System (ITS) elements. These ITS elements log real-time data that can be used in web-based applications to inform the public about appropriate transit routes and choices, and they can be used to improve traffic control systems design and operation $100,000 is being sought within the EECBG program to supplement the $1.1 million approved by the City Council, CMA, and CalTrans to extend the ITS features for the Webster Street SMART Corridor Program elements described in this report. In addition to compliance with the EECBG specific purpose, activities, and priorities, this program directly responds to the need to reduce greenhouse gas emissions in Alameda. The Public Works Department would act as the program management agency for the EECBG-funded components of the Webster Street SMART Corridor Management Program. 3. Third-Party Energy Audit Training Program The design, development, and launch of a third-party administered, volunteer-based, residential energy audit program is proposed by the SBT for EECBG funding. Under the application, AMP would contract with anon-profit consulting agency to expand the on-going AMP residential audit program. It is proposed that $64,600 of EECBG funding be used to engage a contractor to establish the parameters of the program, establish a management model, and provide training and monitoring of the program in its initial operation phase. The proposed program is designed based on similar functioning pilot programs in Palo Alto, Redwood City, Menlo Park, Cupertino, and Sunnyvale. The Third-Party Energy ,Audit Training Program is consistent with the specific purposes, activities, and priorities of the EECBG, and would be leveraged by the Honorable Mayor and Members of the City Council June 2, 2009 Page 4 of 6 existing AMP residential energy audit program. The establishment of the program, as well as the other audit and energy retrofit programs recommended in this report, would enhance the City's ability to achieve its short- and long-term greenhouse gas reduction goals, as outlined in the Local Action Plan for Climate Protection. Additionally, the program will benefit from, and can be leveraged by, audit recipients using AMP energy efficiency rebate programs. AMP would act as the program management agency for the Third-Party Energy Audit Training Program elements funded by EECBG. 4. Alameda Unified School District (AUSD) Energy Efficiency Audits Consistent with the EECBG specific purposes and activities, the AUSD Energy Audit Program will identify and prioritize energy efficiency measures throughout the District, and determine the most appropriate strategies for implementing those measures. The program would expand existing AMP/AUSD energy efficiency efforts and establish a baseline for energy use at District facilities. An additional outcome of the program will be the establishment of a timeline for energy efficiency retrofits and new materials installation, with cost estimates that can be incorporated into the agencies' budgets and/or used to justify third-party funding proposals. The proposed $35,000 in costs for the audit program will be leveraged via expansion of existing AMP services contracts and existing AMP and AUSD budget items. AMP would act as the program management agency for the AUSD Energy Efficiency Audit Program, with input from the AUSD business office and the AUSD facilities management operation. 5. City Facilities Energy Audits and City Hall Lighting Energy Efficiency Retrofit Public buildings in Alameda could serve as models for general community adoption of energy efficiency practices, and therefore, a City Facilities Comprehensive Energy Audit and a City Hall Lighting Occupancy Sensors Retrofit Program is recommended for funding amounting to $27,000 under the specific purposes and activities of the EECBG. Within the energy audit component of the program, 37 City facilities will undergo audits of lighting, heating, ventilation, air conditioning, motors, refrigeration, hot water, energy management control systems, office equipment, and other electric and natural gas powered equipment. Baseline energy use for each facility would be established and used to prioritize energy efficiency measures to be implemented. The energy audit component of the program will require $24,000 of EECBG funding. Several areas of the Alameda City Hall building, at 2263 Santa Clara Avenue, do not currently utilize lighting sensors to control energy use. The City Hall lighting retrofit program will provide a total of 32 lighting occupancy sensors to ensure that lights Honorable Mayor and Members of the City Council June 2, 2009 Page 5 of 6 shut down automatically when a space is vacant. While the overall programs costs, at $3,000, are low, the resulting energy savings, anticipated to be $937 annually, are significant. Additionally, an existing AMP rebate program will provide $640 towards the program costs. AMP would act as the program management agency for the "City Facilities Lighting Occupancy Sensors Program." OTHER PROGRAMS CONSIDERED The following potential programs were reviewed by the SBT; however, they are not recommended for inclusion in the EECBG funding request. • Light Emitting Diode (LED Streetlight Retrofit: This program is not recommended based on the high cost estimates and LED streetlight performance uncertainty. The SBT reviewed pilot program data from three Northern California cities in making its determination to forego this program. • Commercial Building Energy Efficiency Programs: A program to expand existing AMP commercial energy efficiency programs was considered by the SBT; however, due to the progress completed to date with the existing AMP program, this program was not included. The general downturn in the commercial real estate market, which possibly serves to make it more difficult for owner/tenants to identify and secure matching fund monies despite obvious paybacks, was also a consideration. Therefore, the program is not recommended for inclusion in the EECBG funding application. • Solar Lighting in Parking Lots: Preliminary SBT research indicated that the size and scope of battery, panel inverter, and mounting structure acquisition and installations, and the pre-existing "on-grid" status of parking lot lighting in Alameda, would not provide acost-effective program at this time. An additional concern was the potential of the program being viewed as a mechanism for AMP to acquire a generation resource that is outside the strict scope of the EECBG program. Opportunities to consider such generation programs may exist elsewhere in the ARRA, and this program will be re-considered against those guidelines. • Sewer Pumping Stations: The Public Works Department is responsible for the ownership and maintenance activities at city sewer and storm pump stations. The department is currently assessing the condition and capital needs of these facilities. After consideration of the EECBG application timeline, the SBT determined that the assessment schedule would not provide sufficient information for an EECBG application to be made. Honorable Mayor and Members of the City Council FINANCIAL IMPACT June 2, 2009 Page 6 of 6 The EECBG direct funding grant of $640,600 will be provided to the City, upon DOE approval of the EECBG application. A City 10 percent overhead has been built into the application request by the SBT. The solar and energy audit components of the EECBG application will qualify for AMP rebates and costs offsets, which are provided for in the AMP fiscal year 2009-10 budget proposal. The SMART Corridor program application is intended to supplement a $1.1 million joint powers project already approved by the City, the CMA, and CalTrans. EECBG funds must be expended within 36 months of DOE approval of the application. MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE The EECBG funded projects will assist in meeting the goals of the City of Alameda's Local Action Plan for Climate Protection. Each of the projects is consistent with one, or multiple components of the Local Action Plan for Climate Protection's Tier 1 -Top Priorities. RECOMMENDATION Authorize the Interim City Manager to submit an application for Energy Efficiency and Conservation Block Grant funds. Respectful~y~su bmitted, ~,. . -°`~°Matt~ew T. Naclerio Public Works Director Balachandran Approved as to funds and account, ... ~ ~ Glend . J Interim Finance Director General Manager, Alameda Municipal Power ~~ Lisa Goldman Deputy City Manager By: Bill Garvin Marketing Manager Alameda Municipal Power Attachment: 1. 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V wQ 'O F w ., a w z ~ Q wz ~ w w °q -~ I a a~ 0 9t ww~ a ~ a ~ z A a ~ s ~, o ~ ~o ~~ ~~ .~ ~ o ~ ~ ~- ~ V ~ z w ' " ~ z v w w Q i O z ~ ~ '~ ~ p ~ ~ ~ ~ o ~ " ~ on ~, on ~, ~ ~ ~ ~,~v~ ~o ~ a . a . ~ ~> ~ w ,~ ~ ~ ~ ~ C7 ~ U ~ a~iQ.on~ ~ ~b a ~ ' >, ~ on 0 ~" ` ~ o aw ~ ~~~'~ ~ ~~ : A ~ 00 3 ~ a~ o ~ ~ '~ ® ~-' ~ % ~U o.~ ~.°~ ~ ~ ° ~~ C~ ~ ~z a, 0 g b a w .~ 0 0 .~ U .~ 0 w ro .3 .~ U N N ~ ~ O ~ .~,~ x o ~ ~ ~ ~W U ~ ~~ a~ 0 3 w M 4~ O M N CITY OF ALAIlIIEDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: June 2, 2009 Re: Introduce an Ordinance Approving and Authorizing the Sale of the Remnant Parcel at the Northeast Corner of the Intersection of Ron Cowan Parkway and Harbor Bay Parkway and Authorize the Interim City Manager to Execute All Necessary Documents (Reauires Four Affirmative Votesl BACKGROUND To facilitate the construction of the current alignment of Harbor Bay Parkway, the City acquired property from the City of Oakland. Over the years, the Port of Oakland (Port) has purchased back portions of the original parcel to meet Federal Aviation Administration (FAA) rules that have required the expansion of the runway safety zones at the northwest ends of Runways 9/27 Left and 9/27 Right. In November 2003, the City Council authorized the release of portions of Assessors Parcel 74-104-000315 to the Port for the realignment of the intersection of Ron Cowan Parkway and Harbor Bay Parkway. The Port is interested in purchasing the remaining portion of the parcel. DISCUSSION The remnant parcel of Assessors Parcel 74-104-000315 is zoned M-2 and is approximately five acres in size. To determine the fair market value of the property, the Port retained the services of a licensed real estate appraiser. The appraisal report identified the highest and best use of the site to be light industrial or manufacturing, similar to other properties in the Harbor Bay Business Park. This use would result in the parcel being valued at approximately $2.5 million. However, since the property is encumbered by easements and FAA restrictions that significantly limit development potential, the appraisal concluded the value of the property to be diminished by 90-95%, and established a fair market value of $250,000. The City Charter allows the City Council to sell real property with four affirmative votes. Public Works staff hired an independent appraiser to review the Port's report and the final appraised land value. The appraiser indicated the offer was consistent with the market value of other non-buildable, vacant property, and the proposed offerwas reasonable. As a condition of the offer, the Port is responsible for all costs to prepare a lot adjustment map or a certificate of compliance. A copy of the appraisal is on file in the City Clerk's Office. City C®~r~cil Rep®rt Re: Agenda Item #6-C 06-OZ-09 Honorable Mayor and Members of the City Council FINANCIAL IMPACT June 2, 2009 Page 2 of 2 There will be a one-time increase in revenue to the City of $250,000, less approximately $8,000 for the costs of sale. The Port will pay the escrow fees and title insurance associated with the purchase. Staff recommends that these funds be deposited in the Facility Maintenance Fund 706, an Internal Service Fund to be created in the fiscal year 2009/2010 budget as a deferred maintenance reserve for facility maintenance projects.. ENVIRONMENTAL REVIEW In accordance with the California Environmental Quality Act (CEQA), the sale of this property is Categorically Exempt under the CEQA Guidelines Section 15312, Surplus Government Property Sales. MUNICIPAL GODS/POLICY DOCUMENT CROSS REFERENCE This ordinance does not affect the Alameda Municipal Code. RECOMMENDATION Introduce an Ordinance approving and authorizing the sale of the remnant parcel at the northeast corner of the intersection of Ron Gowan Parkway and Harbor Bay Parkway and authorize the Interim City Manager to execute all necessary documents (requires four affirmative votes). Approved as to funds and account, Glenda Ja Interim roan e Director By: f ~ ~~ (~ Marge McLean Public Works Coordinator MTN:MM:gc CITY OF ALAMEDA ORDINANCE No. New Series APPROVING AND AUTHORIZING THE SALE OF THE REMNANT PARCEL AT THE NORTHEAST CORNER OF THE INTERSECTION OF RON COWEN PARKWAY AND HARBOR BAY PARKWAY AND AUTHORIZE THE INTERIM CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS (REQUIRES FOUR AFFIRMATIVE VOTES) BE IT ORDAINED by the Council of the City of Alameda that: Section 1. The land referred to in this ordinance as the "Property" is owned by the City of Alameda, is bounded by Oakland International Airport to the north and east, Ron Cowan Parkway to the south, and Harbor Bay Parkway to the west in the City of Alameda, and consists of approximately five acres. Section 2. The Council of the City of Alameda hereby finds and determines that the proposed sale of the Property is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines. Section 3. The Council of the City of Alameda hereby approves and authorized the Interim City Manager to execute a Purchase and Sale Agreement between the Port of Oakland as purchaser and the City of Alameda as Seller for the purchase and sale of the Property at a purchase price of $250,000. Section 4. The Interim City Manager is authorized to execute such documents as shall be required to carry out the intent of this ordinance.. Section 5. The revenue from the sale of the property shall be deposited as a deferred maintenance revenue in an Internal Service Fund to be created in the fiscal year 2009/2010 accrual budget for infrastructure maintenance projects. Section 6. This ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage. Presiding Officer of the City Council Attest: Lara Weisiger, City Clerk ****** Introduction of Ordinance #6-C d6-02-09 !, 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 2nd day of June, 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 3rd day of June, 2009. Lara Weisiger, City Clerk City of Alameda CITY OF AL.AMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: June 2, 2009 Re: Introduce An Ordinance Amending the Alameda Municipal Code by Deleting Chapter XX ("Flood Damage Prevention") and Adding a New Chapter XX ("Flood Plain Management") to Meet the Requirements of the Federal Emergency Management Agency ("FEMA") Flood Insurance Program and Approve Updated Flood Insurance .Rate Maps BACKGROUND On June 3, 1975, the Gity of Alameda adopted Resolutions No. 8359 and No. 8360 establishing basic land use and control measures for flood plain management, including: review and enforcement procedures. The City amended the regulations on February 3, 1988, and August 20, 1991, by adopting Ordinances 2373 and 2563, respectively, to comply with federal regulations. These regulations are codified in Chapter XX of the Alameda Municipal Code. The Public Works Director is identified as the Flood Plain Administrator, and is responsible for the administration of all permit activities within the floodplain. DISCUSSION The Federal Emergency Management Agency (FEMA) manages the National Flood Insurance Program (NFIP), which includes the following three components: flood management, flood Insurance, and flood hazard mapping. Participation in the NFIP is voluntary, and requires communities to adopt and enforce floodplain management standards to reduce future flood damage. In exchange, the NFIP provides federally- backed flood insurance to homeowners,. renters, and business owners. Lenders will not provide mortgages for properties within a designated Flood Zone unless a required flood insurance policy is purchased. Flood insurance purchased outside the federal program is more expensive for the property owner to obtain. As part of the program, FEMA also identifies and maps the flood hazard areas for the nation. The floodplain management requirements are designed to prevent new developmentfrom increasing the flood threat, and to protect new and existing buildings from anticipated flood events. These measures take a variety of forms and generally include zoning, subdivision, Cety Council Report Re: Agenda Item #6-D ®6-®2-09 Honorable Mayor and June 2, 2009 Members of the City Council Page 2 of 3 or building requirements, and special-purpose floodplain ordinances. In addition, all development within a flood hazard area is required to follow specific construction requirements and ensure that construction materials and methods used will minimize future flood damage. A community must also ensure that its adopted floodplain management ordinance and enforcement procedures are updated when additional data are provided by FEMA or when federal or state standards are revised. When FEMA assessed its policies and practices following the Hurricane Katrina recovery,. it determined that the updates were required for its floodplain maps .and regulations, including revisions to terminology and building code requirements. As part of the update, all dikes and levees were mapped and the responsible parties idenfiified. This rernapping did not change floodplain designations within Alameda. In general, the floodplain areas within Alameda are limited to: the Alameda/Oakland Ferry terminal and parking lot, the commercial properties between the ferry terminal and Coast Guard Housing, the commercial properties along Mariner Square Drive, adjacent to the Posey/Webster Tube portal; the Chuck Corica Municipal Golf Complex; Godfrey Park; and homes on Seminary Avenue, adjacent to Godfrey Park. These areas have not changed significantly since 1975.. In order for these property owners to continue to be eligible to obtain flood Insurance, the City must adopt the new maps and regulations. The changes associated with the new regulations are limited to revisions and additions to the definition section. The subdivision and development sections of the regulations have also been expanded to clarify the requirements. Some regulations, such. as construction. in floodways, .have been included, buff since there are no floodway areas in Alameda, these changes have no impact. FINANCIAL IMPACT There is no financial impact to the General Fund. MUNICIPAL CODE/POL-ICY DOCUMENT CROSS REFERENCE This ordinance would replace in total Chapter XX of the Alameda Municipal Code. Honorable Mayor and Members of the City Council RECOMM€NDATION June 2, 2009 Page 3 of 3 Introduce an Ordinance amending the Alameda Municipal Code by deleting Chapter XX ("Flood Damage Prevention") and adding a new Chapter XX ("Flood Plain Management") to meet the requirements of the FEMA Flood Insurance Program and approve updated flood insurance rate maps. Approved as to funds and account, By: ~~ ~ ~~Q~ Marge McLean Public Works Coordinator MTN:MM:gc ~~~ ,.-~ Glend J Interim in ce Director CITY OF ALAMEDA ORDINANCE NO. New Series AMENDING THE ALAMEDA MUNICIPAL CODE BY DELETING WHEREAS, the Legislature of the State of California has Government Code Sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and ', CHAPTER XX ("FLOOD DAMAGE PREVENTION") AND ADDING A NEW CHAPTER XX ("FLOOD PLAIN MANAGEMENT") TO MEET THE REQUIREMENTS OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA") FLOOD INSURANCE PROGRAM AND APPROVE UPDATED FLOOD INSURANCE RATE MAPS WHEREAS, the flood hazard areas of the City of Alameda are subject to periodic inundation which could result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare, and WHEREAS, these flood Losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contributes to flood losses, and WHEREAS, the State of California has created a Model Floodplain Management Ordinance for Coastal Communities with the purpose of promoting the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by legally enforceable regulatians applied uniformly throughout the community to all publicly and privately owned land within flood prone, mudslide or flood related erosion areas, and WHEREAS, these regulations are designed to: protect human life and health; minimize expenditure of public money for costly flood control projects; minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; minimize prolonged business interruptions; minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard; help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage; ensure that potential buyers are notified that property is in an area of special flood hazard; and ensure that those who occupy the areas of special flood hazard assume responsibility for their actions, and Introduction of Ordinance #6-D 06-02.09 WHEREAS, in order to accomplish its purposes, the Model Floodplain Management Ordinance includes regulations to: restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities; require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters; control filling, grading, dredging, and other development which may increase flood damage; and prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. BE IT ORDAINED by the City Council of the City of Alameda that: Section 1. The Alameda Municipal Code is hereby amended by adding repealing Chapter XX, FLOOD DAMAGE PREVENTION, in its entirety and replacing it with Chapter XX, FLOODPLAIN MANAGEMENT, and is hereby added to the Alameda Municipal Code to read as follows: 20.1 DEFINITIONS. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. "A zone" -see "Special filood hazard area." "Accessory structure" means to structure that is either: 1. Solely for the parking of no more than 2 cars; or 2. A small, low cost shed far limited storage, less than 150 square feet and $1,500 in value. "Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located. "Alluvial fan" means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain scopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration. "Apex" means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. "Appeal" means a request for a review of the Floodplain Administrator's interpretation of any provision of this ordinance. "Area of shallow flooding" means a designed AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by pending or sheet flow. "Area of special flood hazard" -See "Special flood hazard area." "Base flood" means a flood which has cone-percent chance of being equaled or exceeded in any given year (also called the "100-year flood"). Base flood is the term used throughout this ordinance. "Base flood elevation" (BFE) means the elevation shown on the Flood Insurance Rate Map for Zones AE, AH, Al-30, VE and V1-V30 that indicates the water surface elevation resulting from a flood that has a 1-percent or great chance of being equaled or exceeded in any given year. "Basement" means any area of the building having its floor subgrade - i.e., below ground level - on all sides. "Breakaway walls" are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions: 1. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and 2. The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood. "Building" -See "Structure" "Coasts! high hazard area" means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. It is an area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designed on a Flood Insurance Rate Map (FIRM) as Zone V1-V30, VE, or V. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. "Encroachment" means the advance or infringement uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain. "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for serving the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before June 3, 1975, the date the City of Alameda first adopted a floodplain management ordinance. "Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). "Flood, flooding, or flood water" means: 1. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows); and 2. The condition resulting from flood-related erosion. "Flood Boundary and Floodway Map (FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. "Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source -See "Flooding". "Floodplain Administrator" is the community official designed by title or administer and enforce the floodplain management regulations. "Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans. "Floodplain management regulations" means this ordinance and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage. "Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. For guidelines on dry and wet floodproofing, see FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred as "Regulatory Floodway." "Floodway fringe" is that area of the floodplain on either side of the "Regulatory Floodway" where encroachment may be permitted. "Fraud and victira~ization" as related to Section 20-5 of this ordinance, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the City of Alameda will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one-hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates. "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities. "governing body" is the local governing unit, i.e. county or municipality, that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry. "Hardship" as related to Section 20-5 of this ordinance means the exceptional hardship that would result from a failure to grant the requested variance. The City of Alameda requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put to a different use than originally intended. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. "Historic structure" means any structure that is: 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminary determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district. 3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or 4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs. "Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding. "Levee system" means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices. "Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see "Basement" definition). 1. An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable non-elevation design requirements, including, but not limited to: a. The flood openings standard in Section 20-4.1.C.3; b. The anchoring standards in Section 20-4.1.A; c. The construction materials and methods standards in Suction 20- 4.1.6; and d. The standards for utilities in Section 20-4.2. 2. For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see "Basement" definition). This prohibition includes below-grade garages and storage areas. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufacture home" does not include a "recreational vehicle". "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. "Market value" is defined in the City of Alameda's, or in none exist, the County of Alameda's substantial damage/improvement procedures. See Section 20-3.2.8.1. "Mean sea level" means, for purpose of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAND) of 1988, or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. "New Construction", for floodplain management purposes, means structures for which the "start of construction" commenced on or before June 3, 1975, the date the City of Alameda first adopted a floodplain management ordinance, and includes any subsequent improvements to such structures. "Now manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or before June 3, 1975, the date the City of Alameda first adopted a floodplain management ordinance. "Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow water, or due to its location, its propensity to snare or collect debris carried by the flow water, or its likelihood of being carried downstream. "One-hundred-year flood" or "100-year flood" -see "Base flood" "Primary frontal dune" means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively mild slope. "Program deficiency" means a defect in a community's floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations. "Public safety and nuisance" as related to Section 20-5 of this ordinance, means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin. "Recreational vehicle" means a vehicle which is: 1. Built on a single chassis; 2. 400 square feet or less when measured at the largest horizontal projection; 3. Designed to be self-propelled or permanently towable by a light-duty truck; and 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. "Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. "Remedy a violation" means to bring the structure or other development into compliance with State or local floodplain management regulations, or if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing State or Federal financial exposure with regard to the structure or other development. "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. "Sand dunes" mean naturally occurring accumulations of sand in ridges or mounds landward of the beach. "Sheet flow area" -see "Area of shallow flooding". "Special flood hazard areas (SERA)" means an area in the floodplain subject to a 1 percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, Al-A30, AE, A99, AH, V1-V30, VE ar V. "Start of construction" includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 190 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include the excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alternation affects the external dimensions of the building. "Structure" means a walled and roof building of any origin sustained by a structure whereby the cost of restoring the structures to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. "Substantial damage" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or 2. Any alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designation as a "historic structure". "V zone" -see "Coastal high hazard area". "Variance" ,means a grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this ordinance. "Violation" means the failure of a structure or other development to be fully complaint with this ordinance. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided. "Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, in the floodplains of coastal or riverine areas. "Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designed areas in which substantial flood damage may occur. 20-2 GENERAL PROVISIONS. 20-2.1 LANDS TO WHICH THIS ORDINANCE APPLIES. This ordinance shall apply to all areas of special flood hazards within the jurisdiction of City of Alameda. 20-2.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD. The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the "Flood Insurance Study (FIS) for Alameda County. California and Incorporated Area dated August 3, 2009, with accompanying Flood Insurance Rate Maps (FIRM's) and Flood Boundary and Floodway Maps (FBFM's), dated August 3, 2009, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this ordinance. This FIS and attendant mapping is the minimum area of applicability of ordinance and which are recommended to the City Council by the Floodplain Administrator. The study, FIRM's and FBFM's are on file at the Public Works Department. 20-2.3 COMPLIANCE. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards) shall constitute a misdemeanor. Nothing herein shall prevent the City Council from taking such lawful action as is necessary to prevent or remedy any violation. 20-2.4 ABROGATION AND GREATER RESTRICTIONS. This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 20-2.5 INTERPRETATION. In the interpretation and application of this ordinance, all provisions shall be: A. Considered as minimum requirements; B. Liberally construed in favor of the governing body; and C. Deemed neither to limit nor repeal any other powers granted under state statutes. 20-2.6 WARNING AND DISCLAIMER OF LIABILITY. The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City Council, any officer or employee thereof, the State of California, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. 20-2.7 SEVERABILITY. This ordinance and the various parts hereof are hereby declared to be severable. Should any section of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. 20-3 ADMINISTRATION 20-3.1 DESIGNATION OF THE FLOODPLAIN ADMiNSTRATOR. The Public Works Director is hereby appointed to administer, implement, and enforce this ordinance by granting or denying develapment permits in accord with its provisions. 20-3.2 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR. The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to the following: A. Permit Review. Review all development permits to determine; 1. Permit requirements of this ordinance have been satisfied, including determination of substantial improvements and substantial damage of existing structures; 2. All other required state and federal permits have been obtained; 3. The site is reasonably safe from flooding; 4. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. This means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than 1 foot at any point within Alameda County, California and Incorporated Area; and 5. All Letters of Map Revision (LOMR's) for flood control projects are approved prior to the issuance of building permits. Building Permits must not be issued based on Conditional Letters of Map Revision (CLOMR's}. Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition. B. Development of Substantial Improvement and Substantial Damage Procedures. 1. Using FEMA publication FEMA 213, "Answers to Questions About Substantially Damaged Building," develop detailed procedures for identifying and administering requirements for substantial improvement and substantial damage, to include defining "Market Value." 2. Assure procedures are coordinated with other departments/divisions and implemented by community staff. C. Review, Use and Development of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 20-2.2, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Section 20-4. NOTE: A base flood elevation may be obtained using one of two methods from the FEMA publication, FEMA 265, "Managing Floodplain Development in Approximate Zone A Areas -- A Guide for Obtaining and Developing Base (100-year) Flood Elevations" dated July 1995. D. Notification of Other Agencies. 1. Alteration or relocation of a watercourse: a. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation. b. Submit evidence of such notification to the federal Emergency Management Agency; and c. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained. 2. Base Fload Elevation changes due to physical alterations: a. Within 6 months of information becoming available or project completion, whichever comes first, the fioodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a Letter of Map Revision (LOMR). b. Ali LOMR's for flood control projects are approved prior to the issuance of building permits. Building Permits must not be issued based on Conditional Letters of Map Revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition. Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data. 3. Changes in corporate boundaries: Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits. E. Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following: 1. Certification required by Section 20-4.1.C.1 and Section 20-4.4 (lowest floor elevations); 2. Certification required by Section 20-4.1.C.2 (elevation or floodproofing of nonresidential structures); 3. Certification required by Section 20-4.1.0.3 (wet floodproofing standard); 4. Certification of elevation required by Section 20-4.3.A.3 (subdivisions and other proposed development standards); 5. Certification required by Section ZO-4.6.B (floodway encroachments); 6. Information required by Section 20-4.7.F (coastal construction standards); and 7. Maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency. F. Nlap Determination. Make interpretation where needed, as to the exact location of the boundaries of the areas of special flood hazard, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 20-3.4. G. Remedial Action. Take action to remedy violations of this ordinance as specified in Section 20-2.3. H. Biennial Report. 1. Planning. Assure community's General Plan is consistent with floodplain management objectives herein. 20.3.3 DEVELOPMENT PERMIT. A development permit shall be obtained before any construction or other development, including manufactured homes, within any area of special flood hazard established in Section 2-2.2. Application for a development permit shall be made on forms furnished by the City of Alameda. The applicant shall provide the following. minimum information: A. Plans in duplicate, drawn to scale, showing: 1. Location, dimensions, and elevation of the area in question, existing or proposed structures, storage of materials and equipment and their location. 2. Proposed locations of water supply, sanitary sewer, and other utilities; 3. Grading information showing existing and proposed contours, any proposed fill, and drainage facilities; 4. Location of the regulatory floodway when applicable; 5. Base flood elevation information as specified in Section 20-2.2 or Section 20-3.2.C; 6. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; and 7. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in Section 20-4.1.C.2 of this ordinance and detailed in FEMA Technical Bulletin TB 3-93. B. Certification from a registered civil engineer or architect that the nonresidential floodproofed building meets the floodproofing criteria in Section 20- 4.1.C.2. C. For scrawl-space foundation, location and total net area of foundation openings as required in Section 20-4.1.0.3 of this ordinance and detailed in FEMA Technical Bulletins 1-93 and 7-93. D. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. E. All appro priate certifications listed in Section 20-3.2.E of this ordinance. 20-3.4 APPEALS. The City Council of the City of Alameda shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance. 20-4 PROVISIONS FOR FLOOD HAZARD REDUCTION 20-4.1 STANDARDS OF CONSTRUCTION. In all areas of special flood hazards the following standards are required: A. A nchoring. All new construction and substantial improvements of structures, including manufactured homes, shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. B. Construction Materia Is and Methods. All new construction and substantial improvements of structures, including manufactured homes, shall be constructed: 1. With flood resistant materials, and utility equipment resistant to flood damage for areas below the base flood elevation; 2. Using methods and practices that minimize flood damage; 3. With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and 4. Within Zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures. C. Elevation and Floodproofing. 1. Residential construction. All new construction or substantial improvements of residential structures shall have the lowest floor, including basement: elevation. a. In AE, AH, Al-30 Zones, elevated to or above the base flood b. In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at least 2 feet above the highest adjacent grade if no depth number is specified. c. In an A zone, without BFE's specified on the FIRM (unnumbered A zone), elevated to or above the base flood elevation; as determined under Section 20-3.2.C. Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator. 2. Nonresidential construction. All new construction or substantial improvements of nonresidential structures shall either be elevated to conform with Section 20-4.1.C.1 or: a. Be floodproofed, together with attendant utility and sanitary facilities, below the elevation recommended under Section 20-4.1.C.1, so that the structure is watertight with walls substantially impermeable to the passage of water; b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and c. Be certified by a registered civil engineer or architect that the standards of Section 20-4.1.C.2.a & b are satisfied. Such certification shall be provided to the Floodplain Administrator. 3. Flood openings. All new construction and substantial improvements of structures with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must meet the following minimum criteria: a. For non-engineered openings: 1. Have a minimum of two openings on different sides having a total net area of not Tess than one square inch for every square foot of enclosed area subject to flooding: 2. The bottom of all openings shall be no higher than one foot above grade; 3. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater; and 4. Buildings with more than one enclosed area must have openings on exterior walls for each area to allow flood water to directly enter; or b. Be certified by a registered civil engineer or architect. 4. Manufactured homes. a. See Section 20-4.4. 5. Garages and !ow cost accessory structures. a. Attached garages 1. A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry of flood waters. See Section 20-4.1.0.3. Areas of the garage below the BFE must be constructed with flood resistant materials. See Section 20-4.1.B. 2. A garage attached to a nonresidential structure must meet the above requirements or be dry floodproofed. For guidance on below grade parking areas, see FEMA Technical Bulletin TB-6. b. Detached garages and accessory structures. 1. "Accessory structures" used solely for parking (2 car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in Section 20-1. may be constructed such that its floor is below the base flood elevation (BFE), provided the structure is designed and constructed in accordance with the following requirements: a. Use of the accessory structure must be limited to parking or limited storage: b. The portions of the accessory structure located below the BFE must be built using flood-resistant materials; c. The accessory structure must be adequately anchored to prevent floatation, collapse and lateral movement; d. Any mechanical and utility equipment in the accessory structure must be elevated or flaodproofed to or above the BFE; e. The accessory structure must comply with floodplain encroachment provisions in Section 20-4.6: and f. The accessory structure must be designed to allow for the automatic entry of flood waters in accordance with Section 20- 4.1.C.3. 2. Detached garages and accessory structures not meeting the above standards must be constructed in accordance with all applicable standards in Section 20-4.1. 20-4.2 STANDARDS FOR UTILITIES. A. All new and replacement water supply and sanitary sewage systems shat( be designed to minimize or eliminate: 1. Infiltration of flood waters into the systems; and 2. Discharge from the systems into flood waters. B. On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding. 20-4.3 STANDARDS FOR SUBDIVISIONS AND OTHER PROPOSED DEVELOPMENT. A. All new subdivisions proposals and other proposed development, including proposals for manufactured home parks and subdivisions, greater than 50 lots or 5 acres, whichever is the lesser, shall: 1. Identify the Special Flood Hazard Areas (SFNA) and Base Flood Elevations (BFE). 2. Identify the elevations of lowest floors of all proposed structures and pads on the final plans. 3. If the site is filled above the base flood elevation, the following as- built information for each structure shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a Letter of Map Revision based on Fill (LOMR-F) to the Floodplain Administrator: B. All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage. C. A11 subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage. D. All subdivisions and other proposed development shall provide adequate drainage to reduce exposure to flood hazards. 20-4.4 STANDARDS FOR MANUFACTURED HOMES. A. All manufactured homes that are placed or substantially improved, on site located: (1) outside of a manufactured home park or subdivision; (2) in a new manufactured home park or subdivision; (3) in an expansion to an existing manufactured home park or subdivision; or (4) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as a result of flood, shall: 1. Within Zones Al-30, AH, and AE on the community's Flood Insurance Rate Map, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. 2. Within Zones V1-20, V, and VE on the community's Flood Insurance Rate Map, meet the requirements of Section 20-4.7. 13. All. manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision with Zones Al-30, AH, AE, V1-30, V, and VE on the community's Flood Insurance Rate Map that are not subject to the provisions of Section 20-4.4.A will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the: 1. Lowest floor of the manufactured home is at or above the base flood elevation; or 2. Manufactured home chassis is supported by reinforced piers or other foundation elements of at lease equivalent strength that are no less than 36 inches in height above grade. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the 1=loodplain Administrator. 20-4.5 STANDARDS FOR RECREATIONAL VEHICLES. A. All recreational vehicles placed in Zones Al-20, AH, AE, V1-30 and VE will either: 1. Be on the site for fewer than 180 consecutive days; or 2. Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or 3. Meet the permit requirements of Section 20-3.3 of this ordinance and the elevation and anchoring requirements for manufactured homes in Section 20-4.4. B. Recreational vehicles placed on sited within Zones V1-30, V, and VE on the community's Flood insurance Rate Map will meet the requirements of Section 20-4.5.A and Section 20-4.7. 20-4.6 FLOODWAYS. Since floodways are an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply: A. Until a regulatory floodway is adopted, no new construction, substantial development, or other development (including fill) shall be permitted within Zones Al-30 and AE, unless it is demonstrated that the cumulative effect of the proposed development, which combined with all other development, will not increase the water surface elevation of the base flood more than 1 foot at any point within the County of Alameda, California and Incorporated Area. B. Within an adopted regulatory floodway, the County of Alameda, California and Incorporated Area shall prohibit encroachments, including fill, new construction, substantial improvements, and other development, unless certification by a registered civil engineer is provided demonstrating that the proposed encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge. C. If Sections 20-4.6.A&B are satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Section 20-4. 20-4.7 COASTAL HIGH HAZARDOUS AREAS Within coastal high hazard areas, Zones V, V1-30, and VE, as established under Section ZO-2.2. the following standards apply: A. All new residential and non-residential construction, including substantial improvement/damage, shall be elevated on adequately anchared pilings or columns and securely anchored to such pilings or columns so that the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level. The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable state or local building standards. B. All new construction and other development shall be located on the landward side of the reach of mean high tide. C. All new construction and substantial improvement shall have the space below the lowest floor free of obstructions or constructed with breakaway walls as defined in Section 2 of this ordinance. Such enclosed space shall not be used for human habitation and will be usable solely for parking of vehicles, building access or storage. D. Fill shall not be used for structural support of buildings. E. Man-made alteration of sand dunes which would increase potential flood damage is prohibited. F. The Floodplain Administrator shall obtain and maintain the following records: 1. Certification by a registered engineer or architect that a proposed structure complies with Section 20-4.7.A; and 2. The elevation (in relation to mean sea level) of the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement. 20-5. VARIANCE PROCEDURE 20-5.7 NATURE OF VARIANCES. The issuance of a variance is for floodplain management purposes only. The variance criteria set forth in this section of the ordinance are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this ordinance would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shard by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners. It is the gaal of the City Council to help protects its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this ordinance are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate. 20-5.2 CONDITIONS FOR VARIANCES A. Generally, variances may be issued for new construction, substantial improvement, or other proposed new development to be erected on a lot of one- half acre or less in size contiguaus to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Soctions 20-3 and 4 of this ordinance have been fully considered. As the lot size increases beyond one-half acre, the technical justification required far issuing the variance increases. B. Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in Section 20-7 of this ordinance) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. C. Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result. D. Variances shall only be issued upon a determination that the variance in the "minimum necessary" considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this ordinance. For example, in the case of variances to an elevation requirement, this means the City Council need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the City Council believes will both provide relief and preserve the integrity of the local ordinance. E. Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that: 1. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and 2. Suoh construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the Floodpiain Administrator in the Office of the Alameda County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. F. The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency. 20m5.3 APPEAL EOARD. A. In passing upon requests .for variances, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and the: 1. Danger the materials may be swept onto other lands to the injury of others. 2. Danger of life and property due to flooding or erosion damage; 3. Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property; 4. Importance of the services provided by the proposed facility to the community; 5. Necessity to the facility of a waterfront location, where applicable; 6. Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; 7. Compatibility of the proposed use with existing and anticipated development; 8. Relationship of the proposed use to the comprehensive plan and floodplain management program for that area; 9. Safety to access to the property in time of flood for ordinary and emergency vehicles; 10. Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and 11. Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges. B. Variances shall only be issued upon a: 1. Showing of good and sufficient cause; 2. Determination that failure to grant the variance would result in exceptional "hardship" to the applicant; and 3. Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (see "Public safety and nuisance"), cause "fraud and victimization" of the public, or conflict with existing local laws or ordinances. C. Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of Sections 20-5.3.A through 5.3.D are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance. D. Upon consideration of the factors of Section 20-5.2.A and the purposes of this ordinance, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance. *****~ 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 2nd day of June, 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 3rd day of June, 2009. Lara Weisiger, City Clerk City of Alameda CITY OF ALAME®A Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: June 2, 2009 Re: Receive a Report on Sunshine Community Task Force Referral BACKGROUND At the April 21 City Council meeting, Councilmember Tam placed a referral on the agenda regarding the formation of a Sunshine Community Task Force. According to the referral, the Task Force would develop a sunshine ordinance that "protects the public's interest in open government, ensuring that deliberations of commissions, boards, councils and other agencies of the City are conducted before the people and that City operations and external lobbying activities are open to the people's review." Since that time, staff from the City Attorney's Office and City Manager's Office have met with Councilmember Tam to seek clarification about her goals for this Task Force and ordinance, and staff has conducted additional research on this matter. DISCUSSION The Task Force is envisioned as asix-member body comprised of one member appointed by each Councilmember, plus a representative from the League of Women Voters who would serve as a facilitator. The task force would meet for atime-limited period to review and discuss five issues related to improving the public's access to City information. Extend the noticing requirements for public meetings beyond 72 hours: The Brown Act requires advance notice of 72 hours for a regular public meeting and 24 hours for a special meeting. Research confirms that these requirements are presently incorporated in the Alameda Municipal Code. The City Council agendas, as well as those for other public bodies that meet on City Council nights, such as the Community Improvement Commission and the Housing Authority Board of Commissioners, are generally posted online and on the various bulletin boards at City Hall on the Thursday afternoon immediately before a City Council meeting-approximately 96 to 100 hours in advance of the meeting. (The Alameda Reuse and Redevelopment Authority generally meets on Wednesdays, so its agendas are posted on Fridays.) While it is possible to finalize and post the various agendas in advance of Thursday afternoon, this will require working with the City Clerk's Office, City Attorney's Office, and departments to adjust the various deadlines and ensure that reports are turned in earlier than currently ~ltj/ ~'rollilCll Q1gE'ilds'a I$@t'tl ~~°~ ®6-Q~-®9 Honorable Mayor and June 2, 2009 Members of the City Council Page 2 of 3 required. Should the City Council adopt a requirement to post the agendas earlier than is now the practice, agendas may need to be re-posted on occasion to accommodate last-minute changes to reports and external deadlines. In addition, turnaround time on reports would increase, since the earlier posting of agendas and reports would necessitate earlier deadlines that could be difficult to meet, causing items to be postponed to a future meeting. Provide direction on Public Records Act requests regarding cost and turnaround time: The Public Records Act (PRA) allows cities to charge a fee covering the direct costs of duplication. This fee may not include staff time retrieving, inspecting, or handling the file. The Act also allows the public entity ten days to determine whether the request is for disclosable records and to notify the person of the determination, and the estimated date and time of disclosure. The records must be promptly provided. The time limit may be extended for 14 days for unusual circumstances. Cities may also choose to enact a local rule that requires a shorter turnaround time than is included in the PRA. However, such a shorter turnaround time would require staff to prioritize a PRA request above other pending tasks. With reduced administrative and management staffing in the post reduction-in-force environment, maintaining these deadlines would ensure compliance with the PRA and afford staff the opportunity to multi-task without jeopardy. Develop guidelines regarding the minimum radius that must be used when notifying neighbors about land use matters: State law requires the City to notify residents and property owners within 300 feet of a project's location when a matter is going to be considered by the governing body. The City's policy is to follow the 300-foot notification for most projects, but occasionally the radius is expanded for projects of widespread interest. Expanding the notification for all projects would require a simple change in City policy upon direction by the City Council. There would be an associated, unknown cost for copying and mailing the notification to a larger area. Campaign finance reports: Ballot measure and candidate committees must periodically file campaign finance reports with the City Clerk. These reports are maintained in the City Clerk's Office and are public records that could be posted online pending City Council direction. Lobbyist registry: Some cities, generally the larger cities, have developed guidelines for lobbyists and require them to register with the City. Staff is conducting additional research on this issue and will submit a policy proposal should the City Council express an interest in this type of reporting. Most of the aforementioned items identified for discussion by the proposed Sunshine Community Task Force are now governed by State law and/or City policy. In addition, some of the proposed changes, such as extending the time required to notice public meetings, could prove difficult for staff given limited administrative resources. As such, staff proposes foregoing the creation of the Sunshine Community Task Force at this time and, instead, developing a sunshine policy that the City Council can adopt by Honorable Mayor and Members of the City Council June 2, 2009 Page 3 of 3 resolution. Such a policy would set forth the City Council's philosophy on ensuring Alameda's government is open, accessible, and transparent. This resolution would be scheduled for action on July 21. The City Council may also wish to consider directing staff to include in the sunshine resolution, or in a separate resolution, a code of ethics similar to that used in the City of Santa Ana and outlined in Attachment 1, which was the recent focus of a Western City article. FINANCIAL IMPACT No additional funds are required to develop a sunshine policy and resolution. Research and report preparation will be completed by existing staff within the City Manager's Office and the City Attorney's Office. RECOMMENDATION Receive a report on the Sunshine Community Task. Force referral and authorize staff to develop a sunshine policy and resolution. Respectfully submitted, _ ~ __. g Lisa Goldman Deputy City Manager Attachment: 1. Article from Western City magazine regarding Santa Ana Code of Ethics and Conduct ~~,, , '` ;..;, " ~~ . -y Santa Ana Uses Inclusive Approach to Develop Ethics Santa Ana's Measure D, passed by voters in February 2008, made two changes to the city charter: It extended city council members' term limits from two terms to three and called for adoption of a Code of Ethics and Conduct for elected officials and members of appointed boards, commissions and committees. Given that the public can be skeptical of the power and influence held by elected officials, especially when being asked to extend term limits, this measure generated a lot of attention and interest in the community. he goal of the Code of Ethics and Conduct is to ensure public confi- dence in the integrity of local gov- ernment elected and appointed officials. The code had to be adopted within six months of the charter amendment taking effect. Following Measure D's passage, the city council established an ad hoc com- mittee to develop the ethics code and a set of recommendations. According to Mayor Pro Tem Claudia Alvarez, who chaired the committee, "The priority was to establish an ethics code to promote an honest, effective~and accountable city government, encour- age high standards of behavior by public officials and assist with decision-making." The code's framework is designed to guide public officials in their daily duties to help ensure that they exercise their public responsibilities without conflicts or im- proprieties -whether actual or perceived. A Collaborative Approach The committee sought advice from ex- perts in the field, including representatives from the Institute for Local Government (ILG), the nonprofit research affiliate continued Patricia E. I-Iealy is clerk of the council for the City of Santa Ana and can be reached at <rPHealy@santa-ana.o ~'+~t~/ rr®1.11'1~C1 ~ management assistant for the Santa Ana City Manager's Office and can be reached at <AFlores@santa-ana.org ~ttaChmetlt #O AC~~i7~21't~t'Yl ~~-~ n www.westerncity.com ®~~02w09 J Santa Ana Uses Inclusive Approach to Develop Ethics Code, continued of the League and the California State Association of Counties. ILG promotes well-informed, ethical, inclusive, effective and responsive local government through innovative resources, tools and programs. The committee relied on one such re- source, ILG's publication Developing a Lo- calAgency Ethics Code: AProcess-Oriented Guide, to incorporate best practices and use a collaborative approach. To promote greater buy-in and legiti- macy, the code's development involved those whose conduct would be guided by it. According to committee member and Council Member Sal Tinajero, "It's sim- ply not-enough to just review other cities' codes. We called on institutions commit- ted to advancing high ethical standards anal practices to learn about the many opportunities and pitfalls organizations face when developing their own code of ethics." Tinajero added, "It also enabled us to create a code tailored to Santa Ana, specific to the issues we could foresee in ours community." Santa Ana set out to develop avalues- based ethics code built on a list of do's. Instead of a rules-based code emphasizing the don'ts that duplicate state and local ethics laws, this code would establish a commitment to uphold. a standard of integrity and competence beyond that required by law. By going beyond the ethi- cal standards required by law, values-based codes complement ethics laws already on th.e books and help define how public officials should act. Work-Study Sessions Promote Dialogue The committee identified several key ethical values and sought input from all appointed board, commission and committee members. Each group held a work-study session to review and suggest additional values, tailored to the City of Santa Ana, that reflected the commu- nity's core values and desired behaviors. Committee members attended each of the work-study sessions to provide background information on the code's development and help promote an open dialogue. The committee developed a menu of values and a worksheet listing examples "The priority was.. to establish. an ethics code to promote. an honest,. of fective and accountable city. government, encour- age high standards of behavior by public of ficic~ls and assist with decision-making." Mayor Pro Tem Claudia. Alvarez of behaviors that reflect those values. The worksheet served as a tool to assist in the review process and promote meaningful discussion. At the end of each session, each board or .commission member placed a dot on the two core values he or she believed should be given the highest level of consideration for inclusion in the initial city code of ethics and conduct. The sessions also included public comment periods for anyone in the community who wished to participate. provisions and pledge to conduct their duties in accordance with the code. In ad- dition, the ethics code was placed on each commission and board agenda, and each voted to acknowledge its receipt. Upon entering office, new officials are asked to sign the Code of Ethics and. Conduct. The code is also incorporated into handbooks, orientation_programs and other training efforts, including ethics training requured by AB 1234, to further clarify its provi- sions and application. The committee reviewed the information collected from the public and analyzed the data received from the board and commission members. Based on areas of consensus, they recommended core values and behaviors to the city council. At a work-study session of their own, the city council and the public provided further input and comments. Santa Ana Adopts Ethics Code '1 he committee recommended an im- plementation plan and a final proposed resolution that included five core values and expressions of behavior. In June 2008, the City of Santa Ana approved and adopted these core values and expressions of behavior: • Integrity and honesty; • Responsibility and protecting the pub- lic's interests; • Fairness and. accountability; • Respect for fellow elected or appointed officials and staff; and • Public, proper and efficient use of pub- lic resources. As part of the implementation, all elected and appointed officials must certify that they have received a copy of the Code of Ethics and Conduct, understand its Public Input Keeps Code Relevant In accordance with avalues-based ethics code, Santa Anas voters are deemed the ultimate judges and enforcers of the Code of Ethics and Conduct. Being part of a ballot measure approved by Santa Ana voters has helped. increase public aware- ness of ethics issues and accountability. Further, the code ind.icares that elected and appointed officials have a primacy responsibility to ensure that ethical stan- dards are understood and. met and that constituents can have full confidence in the integrity of their local government. The code is intended as a living docu- ment, and periodic review at least every two years will help ensure that it's an accu- rate reflection of the community's values. "Developing the Code of Ethics and. Conduct within the six months required by the charter amendment shows our commitment to fulfill our promise to the voters, which enhanced public trust," said Council Member Vince Sarmiento. "By establishing an ethics code in Santa Ana. that included input from our council. and appointed officials, we have clear expectations and guidelines on how to set priorities and address differences, thereby fostering a better overall environment." ^ 1 ~ League of California Cities www.cacities.org Attitudes,- words and actions should demonstrate, support and reflect the following qualities and characteristics for the well-being of our community. The five core values and expressions that reflect these core values are as follows: 1. Integrity/Honesty • I am honest with my fellow elected officials, the public and others. • I do not promise what I believe to be unrealistic. • I am prepared to make unpopular decisions when my sense of the public's best interests requires it. • I credit others' contributions to moving our community's interests forward. • I do not knowingly use false or inaccurate information to support my position or views. • I safeguard the ability to make independent, objective, fair and impartial judgments by scrupulously avoiding financial and social relationships and transactions that may compromise - or give the appearance of compro- mising- objectivity, independence and honesty. 2. ResponsibilitylProtecting the Public's Interests • I do not accept gifts, services or other special consider- ations because of my public position. • I excuse myself from participating in decisions when my or my immediate family's financial interests may be affected by my agency's actions. • I do not give special treatment or consideration to any individual or group beyond that available to any other individual. • I refrain from disclosing confidential information con- cerning litigation, personnel, property or other affairs of the city without proper legal authority, and from using such information to advance my financial or other per- sonal interests. 3. Fairness/Accountability • I promote meaningful public involvement in the agen- cy's decision-making processes. www.westerncity.com • I treat all persons, claims and transactions in a fair and equitable manner; I make decisions based on the merits of the issue. • If I receive substantive information that is relevant to a matter under consideration from sources outside the public decision-making process, I publicly share it with my fellow governing board members and staff. • I work to contribute to a strong organization that ex- emplifies transparency and open communication. 4. Respect for Fellow Elected or Appointed Officials, Staff and the Public • I treat my fellow officials, staff and the public with patience, courtesy and civility, even when we disagree on what is best for the community. • I work toward consensus building and gain value from diverse opinions. • I respect the distinction between the role of office- holder and staff; I involve staff in meetings with individuals, those with business before the agency, officials from other agencies and legislators to en- sure proper staff support and to keep staff informed. • I conduct myself in a courteous and respectful man- ner at all times during the performance of my official city duties. • I encourage full participation of all persons and. groups; I am aware of and observe important celebrations and events that reflect the values of our diverse population. 5. Proper and Efficient Use of Public Resources • I do not use public resources, such as agency staff time, equipment, supplies or facilities, for private gain or personal purposes. • I make decisions after prudent consideration of their financial impact, taking into account the long- term financial needs of the agency, especially its financial stability. • I demonstrate concern for the proper use of agency assets (such as personnel, time, property, equipment and funds) and follow established procedures. • I am a prudent steward of public resources and active- ly consider the impact of my decisions on the financial and social stability of the city and its residents. Western City, December 2008 1 1 CURRENT APPLICATIONS CNIL SERVICE BOARD ONE VACANCY (Full term expiring 6/30/13) John Armstrong Avonnet M, Peeler, Incumbent Re: Agenda Item #9-A 06-02-09 CURRENT APPLICATIONS COMMISSION ON DISABILITY ISSUES SEVEN VACANCIES (Six Full Terms expiring 6/30/13, one partial term expiring 6/30/11) Paulina Kirola, Incumbent Adrienne Longley-Coolc, Incumbent Jody Moore, Incumbent Re: Agenda Item #9-A 06-02-09 CURRENT APPLICATIONS HISTORICAL ADVISORY BOARD TWO VACANCIES (Two full terms expiring 6/30/13) John Armstrong Jennifer Bowles Donna Talbot, Incumbent Re: Agenda Item #9-A 06-02-09 CURRENT APPLICATIONS HOUSING AND BUILDING CODE HEARING AND APPEALS BOARD THREE VACANCIES (One full term expiring 6/30/12, two partial terms expiring 6/30/12) Ronald Khan, Incumbent Re: Agenda Item #9-A 06-02-09 CURRENT APPLICATIONS PLANNING BOARD TWO VACANCIES (Two full terms expiring 6/30/13) Cheryl Cotton Michael David Rebecca I~ohlstrand Parsons, Incumbent Thuy Nguyen. Rodrigo Orduna Joan Uhler Re: Agenda Item #9-A 06-02-09 CURRENT APPLICATIONS PUBLIC UTILITIES BOARD ONE VACANCY (Full term expiring 6/30/13) Richard Heaps John McCahan, Incumbent Re: Agenda Item #9-A 06-02-09 CURRENT APPLICATIONS SOCIAL SERVICE HUMAN RELATIONS BOARD TWO VACANCIES (Full terms expiring 6/30/13) Sean Cahill OuidaCooperRodriguez Janelle Green Jonathan Soglin, Incumbent Re: Agenda Item #9-A 06-02-09 CURRENT APPLICATIONS YOUTH ADVISORY COMMISSION ONE VACANCY (Term expiring 8/31/10) Melina Cohen-Bramwell Kiara N. Heath Valerian Lee Trent Lin Kelley Villa Re: Agenda Item #9-A 06-02-09