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2009-06-16 Packet5 r?'.. ly ~,..~r.:,,;~~, , CITY F AL,A~:~I~A CA.~,I~ ~RNIA. ti~ r~~ ~ .~~, ~ ~r 0 0 ~- ` ~/ ~~~r, j ~"~ ~~~~ ~ 7as rsxs~'~ ~~ `~~~- SPECIAL JOINT MEETING OF THE CITY COUNCIL AND PUBZ,IC UTILI~'IES BOARD PUB} TUESDAY ~ - ~ JUNE 16, 2009 ~ - - 6;00 p.m. Time. Tuesday, June ~.~, 2009, 6:00 p.m.. P l a c L.+ : ~~x~Ri~~RRM~~~~R~K~SR~R~L°{R+V{~[RRRRRRXiRiR~R~R~R~ RRR~~~~R~~~,~~o ~o~-, City H a 11, c~ me r of Santa Clara Avenue and Oak Street, Agenda; 1. Roll Ca.~l - City Council, PUB ~. Public Comment on Agenda Items Only Anyone wishing to address the Council/Board on agenda items only, may speak for a maximum of 3 minutes per item ~. Adjournment to Closed Session to consider: ~i ~~r Cour~~i l . , .~, 3-A. CONFE~,ENCE WITH LEGAL COUNSEL - ExISTING LITIGATION X54956,9} Significant Exposure to Litigation Pursuant~to Subdivision fib} of Section 54955.9 Name of Case: Brown v, City of Alameda Cit Council/PUB ~--~B. CONFERENCE WITH LEGAL COUNSEL -- ExISTING LITIGATION X54956.9} Significant Exposure to Litigation Pursuant to Subdivision fib} of Section 54956.9 Name of Cases; Vectren Communication Services, Inc, v, City of Alameda Nuveen Municipal.. High Tncame opportunity Fund, et al, v. City of Alameda, et al, Bernard Osher Trust V. City of Alameda, et al~ 4, Announcement of Action Taken in Closed Session, if any 5. Adjournment _... City Council, PUB .» .+wt~ B erly n Mayor ,~~sviy,~ a l ~~ ~, N ~•J ~~ ~ ~~~~w~ I~AI~Fa.~1~ ~ALIF~RI~IA ~~ s .y . ~ti ^r~ / ~~ ~f tr~~ r"fir ~ `~ ~'~~!o% SPECIAL JOINT MEETING OE THE COMMUNITY IMPROVEMENT COMMISSION CIC} AND HOUSING AUTHORITY BOARD OF COMMISSIONERS ~HABOC} TUESDAY - -- ~ JUNE ~.. 5 , 2 Q o 9 -~ ~ -- 7 ; 2 5 P . M . Location; fit Cour~~il~ Chb~~~, City Hall, corner of Santa Clara VVN{kkR~{~iKKk kkkiRkK~{R~FkiKnki~Lkkkk~SKKKKkRKKrJ,~.K~rki~iKKkk+CKkK~k~V Avenue and Oak Street Public Participation Anyone wishing to address the Comm~..ssion/Board on agenda items or business introduced by the Commission/Board may speak far a maximum of ~ minutes per agenda item when the subject is before the Commission/Board. P~..ease file a speaker's slip with the Deputy City Clerk if you wish to speak PLEDGE OF ALLEGIANCE ~. , ROLL CALL -~ CTC, HAB~C 2. CONSENT CALENDAR ~~-A, Recommendation to Approve a $x.50, QQQ Ten-year Agreement w,~th Resources far Commur~lty Development to Implement the Housing Authority's obligations Pursuant to the Declaration of Reciprocal Easements, Covenants, and Restrictions for the Breakers at Bayport Townhomes. Development Services} [~I~ ~r~d ~A~Q~] 3. AGENDA ITEMS None ~. AD~oURNME~T - CIC, HABOC Beverly J n C air CIC and HA ~, ~1 ~~ ~ - c~ r r ` ~~ `~~' ~ J~ ~~~~~~` ~~~ CITY F ~LA~I:~I~A ~ ~AL,I~'~I~l~I~. ,~,, y ~ _~a, Y .~' ~~~~f~d?r ~s 1ty4i IJ 'U~ l~tx•~'CRW:' ~t" h .~ SPECIAL JOINT MEETING OF THE CITY COUNCIL, AND ALAMED.A. REUSE AND R~DE~TELOPMENT AUTHORITY ~ARR..A} ;; .AND ANNUAL MEETTNG OF THE COMMUNITY IMPROVEMENT COMMISSION CIC} TUESDAY-~--JUN~1~, ~0~~---7;2~P,M. Nate; The special Joint Meeting of the City Counc~..l and ARRA is combined with the Annual Meeting of the CIC] Location; ~1~ Co~x~~il ~hnb~~c~, City Hal., corner of Santa Clara VW{~S~",R~i~SK K~KRKK;K'f~SKKKK+iR~V4RSix.~i~iiKKKK~V4KKK~VSi~5iK~4'SRR~.+L~VF~VG Avenue and oak street. Publ. is Partic~.pat ion Anyone washing to address the Council/ARRA/CIC on agenda items or business introduced by the Council/ARRA/CIC may speak far a maximum of ~ m.inutes per item when the subject is before the Council/~RRA/CIC. Please file a speaker's slip with the Deputy City Clerk .if you wish to speak an an agenda item, ~.. ROLL CALL - Caty Council, ARRA, CIC 2. CONSENT CALENDAR Consent Calendar items are considered routine and Will be enacted, approved ar adopted by one motion un~.ess a request far removal for discussion ar explanation is received from the Council/ARRA/CIC or a member of the public ~-A. Minutes of the special Joint Ca.ty Council, ARRA and CIC Meeting and the special Joint City Council and CIC Meeti~.g held an May ~.9, ~QQ9. ~C~,~~r Caun~il~, CzC] ~C.ity Clerk} ~-B. Recommendation to Approve an Applicat~.on for Federal Surplus Property for Public Park Purposes; Adoption of Resolution Authority to Acquire Land -~ Estuary Park, North Housing Parcel, Alameda, California; and Recommendation to Authorize the Interim. City Manager to Negotiate a License Agreement with the Navy far Use of Estuary Park, City C~un~il~; ~n~ • Adoption of Resolution Find~..ng that Acquisition of the Eig~.t-Acre Estuary Park at the North Housing Parcel for Public Park and Recreation Purposes is Consistent with the Naval Air station Alameda Community Reuse Plan and Authorize the Expenditure of Funds to Renovate Estuary Park. ~A~RAa Development services} ~. AGENDA ITEM 3-A, Adoption of Resolutions Approving Interim Expenditures Prior to Adoption of the operating and Capital Improvement Budget for ~'isCa~.. Year 2Dp9-201Q for the City of Alameda, the Alameda Reuse and Redeve~..opment Authority, and the Community Improvement Commission, [City C~u~cil, ARC., CZC~ 4 , AD~CURNM~NT ~ City Council, ARR.A., CIC *w~ erly h ayor Chair, A / ~' ~z A ,4~ i r k ~ a ~ k]\y'~ 1~ ` 4~ ,~ f. CITY OF ALAMEDA CALIFORNIA IF YOU wISH To ADDRESS THE COUNCIL: 1. Please file a speaker's slip with the Deputy City Clerk and upon recognition by the Mayor, approach the podium and state your name; speakers are limited to three ~3~ minutes per item. 2. Lengthy testimony should be submitted in writing and only a summary of pertinent points presented verbally. 3. Applause and demonstration are prohibited during Council meetings. AGENDA -~ ~- ~- - - - - - - - - REGULAR MEETING aF THE CITY COUNCIL TUESDAY - - - ~- - - JUNE 16, 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 Std 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} S. 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 Counc~;l. Please file a speaker's slip with the Deputy City Clerk if you wish to address the City Council SPECIAL MEETING OF THE CITY COUNCIL 6:00 P.M. CITY COUNCIL CHAMBERS CONFERENCE ROOM Separate Agenda Closed Session} SPECIAL JOINT MEETING OF THE COMMUNITY IMPROVEMENT 7:25 P.M. COMMISSION AND HOUSING AUTHORITY BOARD OF COMMISSIONERS CITY COUNCIL CHAMBERS, Separate Agenda SPECIAZ JOINT MEETING OF THE CITY COUNCIL AND 7:26 P.M. ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY, AND ANNUAL MEETING OF THE COMMUNITY IMPROVEMENT COMMISSION CITY COUNCIL CHAMBERS, Separate Agenda 1. ROLL CALL - City Council 2. AGENDA CHANGES 3. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS 3-A. Proclamation Recognizing Contributions to the City by Gay and Lesbian Residents and Encouraging the Community to Recognize These Contributions, Particularly During the Month of June, Gay Pride Month. 3-B. Proclamation Proclaiming June 27, 2009 as Relay for Life Day in the City of Alameda. 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 Special and Regular City Council Meetings Held on June 2, 2009. City Clerk} 4-B. Bills for ratification. Finance} 4-C. Recommendation to Approve the City of Alameda- Investment Policy. Finance} 4-D. Recommendation to Approve an Agreement with Holland & Knight, LLP in the Amount of $9G,000 for Federal Legislative Advocacy Services. City Manager} 4-E. Recommendation to Award the Contract for Legal Advertising for Fiscal Year 2009-2010. City Clerk} 4~-F. Recommendation to Adapt Plans and Specifications and Authorize Call for Bids for Central Avenue Sewer Rehabilitation, Pacific Avenue to Third Street, No. P.W. 05-09--13. Public Works} 4-G. Recommendation to Adopt Plans and Specifications and Authariz`e Call for Bids for Fernside Boulevard Sewer Rehabilitation, Thompson Avenue to High Street, No. P.W. 03-09-09. Public Works } 4--H. Recommendation to Approve the Non--Disturbance and Attornment .Agreement Between City of Alameda and Diageo Chateau & Estate Wines Company. Development Services} 4-I. Adoption of Resolution Authorizing Access to Tax Records and Documents to City's Legal Counsel Pursuant to California Revenue and Taxation Code Section 7056~b}. City Attorney} 4-J. Adoption of Resolution Amending the Alameda City Employees Association ~ACEA} and Management and Confidential Employees Association ~MCEA} Salary Schedules. Human Resources} 4-K. Final Passage 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 C~..ty Manager to Execute All Necessary Documents. Requires Four Aff~..rmative Votes] Public Works} 4-L, Final Passage of Ordinance Amending the Alameda Municipal Code by Deleting Chapter XX ~F`lood 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} 5. CITY MANAGER COMMUNICATIONS ~Cornmunications from City Manager} 5-A, Presentation on GoLibrary. Library} 6. REGULAR AGENDA ITEMS 6-A. Adoption of Resolutions Reappointing Avonnet M, Peeler as a Member of the Civil Service Board; Paulina Kirola, Adrienne Longley-Cook and Jody Moore as Members of the Commission on Disability Issues; Donna Talbot as a Member of the Historical Advisory Board; Ronald Kahn as a Member of the Housing and Building Code Hearing and Appeals Board; Rebecca Kohlstrand Parsons as a Member of the Planning Board; John McCahan as a Member of the Public Utilities Board; and Jonathan Soglin and Cynthia Wasko as Members of the Social Service Human Relations Board. 6-B. Public Hearing to Consider Adoption of Resolution Authorizing Collection of Delinquent Integrated Waste Management Accounts by Means of the Property Tax Bills. Public Works} G-C, Public Hearing to Consider Adoption of Resolution Approving the Engineer's Report, Confirming Diagram and Assessment, and Ordering Levy of Assessments, Island City Landscaping and Lighting District 84--2, All Zones. Public Works} 6~-D. Public Hearing to Consider Adoption of Resolution Approving the Engineer's Report, Confirming Diagram and Assessment, and Ordering Levy of Assessments, Maintenance Assessment District 01-01 Marina Cove}. Public Works} 7. ORAL COMMUNICATIONS, NON-AGENDA Public Comment? Any person may address the Council in regard to any matter over which the Council has jurisdiction or of which it may take cognizance, that is not on the agenda 8. COUNCIL REFERRALS Matters placed on the agenda by a Councilmember may be acted upon or scheduled as a future agenda item 8-A. Discussion and Consideration of Carnegie Library Building Use. ~Councilmember Matarrese} 9. COUNCIL COMMUNICATIONS Communications from Council} Councilmembers can address any matter, including reporting on any Conferences or meetings attended 9-A. Written Communication from the League of California Cities requesting designation of Voting Delegate for the League's 2009 Annual Conference. 10. ADJOURNMENT - City Council ~~~ s Materials related to an item on the agenda are available for public inspection in the City Clerk's Office, City Hall, Room 350, 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 747-48Q0 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 zn and enjoy the benefits of the meeting ~~ I A ~~ ~6a~~~~A Mer~arandum To: Honorable Chair and Members of the Community Improvement Commission i~onorable Chair and 1Vlembers of the Dousing Authority Board of Commissioners ~'rorn~ Ann Marie Gallant Interim ~.xecutive Directorllnterirn Chief executive officer date: June ~C, ~aQ9 fie: Approve a $~5D,o0Q Ten~Year Agreement with I~esaurces for Community Development to Implement the blousing Authority's Qbligations Pursuant to the Declaration of Reciprocal ~asernents, Covenants and Restrictions for the Breakers at Bayport Tawnhomes DACI~~I~~IJND In ~oa~, the dousing Authority selected Resources for Comrr~unity Development ~I~CD}, a nan-profit housing developer, as its partner to build and operate the ~2~unit breakers at ~aypart Apartments and to construct and self the ten~unit breakers at Bayport Townhon~es. both projects were completed in ~aoD, and the breakers at Dayport Townhornes were sold to moderatewincome families in ~DO7. As part of the develo rnent of the Breakers at Bayport Tawnhomes and Apartments, a Declaration of p . Reciprocal ~asoments, Covenants and RestrrctEOns Declaration}was prepared ~n 2oa~. The Declaration eras necessary because the townhomes and apartment project have shared uses and maintenance of certain elements that required the establishment of easements, assessments, covenants, and restrictions to provide far the joint use, management, governance and operation of the projects Under the Declaration, the blousin Authority is the Declarant and is the fee owner of the Dental Parcel. g When 1~C1 entered into the amended ~'S~year ground lease for the Breakers at Bayport Apartments later in ~C}D4, it assumed certain operational respansibifities from the Declarant far the Dental Parcel. The Housing Authority Declarant} continues to have obligations under the Declaration far the Tawnhomes. blousing Authority staff is recarnmending that the Housing Authority ender into a ~1aD,oo1 agreement with RCD to carry out the blousing Authority's obligations over the next ten years. The community Im roven7ent Commission ~C1C} is also party to the agreement as it is proposed that the p , C1C fund and adm~n~ster the agreement an the Dousing Author~tys behalf. G~CIHA~~~ Agenda ~t~m #2~A Q6~'I~~D9 honorable Chair and June 1~, ~aa9 Members of the Community improvement Commission gage ~ of ~ honorable Chair and Merr~bers of the Noosing Authority hoard of Commissioners _~ DISCC~B~ICN Acting on the Housing Authority's behalf, RCD will carry out the Noosing Authority's obligations under the Deciaration~ ~~~ will provide staff support for the point Maintenance Committee, which is responsible far establishing, levying, and collecting any regular .or special assessments; conducting any required hearings regarding violations of the Declaration; and maintaining all books and records pertaining to the Declaration. The declaration has a number of use restrictions and maintenance requirements that I~CD will enforce an behalf of the Hauling. Authority. ~1se restrictions to be enforced include uniformity of appearance, approval of any subsequent construction, and rules regarding number of pets, maintenance of party fences, outdoor storage, placement of refuse containers, etc. In addition to having as~ur~ed certain operational responsibilities of the Declarant for the Dental parcel, RCD also owns the irn~ravements The breakers at Bayport Apartments} and provides property management. RCD built the Townhomes end assisted the CIC in selling the units. It is very familiar with both properties and ail of the easements, assessments, covenants and restrictions that apply to the project, It is operationally efficient and cost~effective far BCD to administer the Housing Authority's obligations underthe Declaration. The proposed agreement, on file at the City Clerk's office, has aten-year term and a $15D,ggg budget. RCD will receive $~~,oga on the effective date of the agreement. work activities will include an initial assessment ~of homeowner compliance with the Declaration, resolution of any issues of non-compliance, and establishment of internal: accounting and compliance n~anitaring systems. Follovuing the first year, 1~CD will receive ~~ ~,8gg annually. At the end of~ term, the Housing Aufihorit .will evaluate y whether it wants to extend the agreement with BCD, retain another consultant to administer its obligations, or directly administer its duties. The Housing Authority will remain the Declarant in perpetuity unless there is a unanimous vote of the owners to~ designate a new Declarant. RCD will continue to assume the responsibilities of the owner of the rental Marcel far the ~~~year term of its lease. The Housing Authority will own the project when the- ground lease expires and will have all ownership responsibilities ofthe Owner of the Dental parcel and the Declarant at that time. Given F~CD's lang~term involvement in the project, along with its ~e~perfiise in property management and administrafiion, it is recommended that the C1C and Housing Authority enter into an agreement with RCD to carry out the housing Authority's obligations as Declarant. FINANCIAL IMPACT The funds far this agreement are budgeted in the CIC's Affordable Housing ln~lieu Fund 2~$.1~CD will receive $25,ggg on the effective date on the agreement. The remaining HQnar~bie Chair and June ~1~, ~~D9 Merr~bers afthe Community Improvement Commission ~ Page ~ of3 honorable Chair and Members of the mousing Authority Doercl of Can~missioners $~ ~~,D44 will be paid to RCD in~ annum payments of $~ 3,89 an the anniversary of the camn~encement date afthe agreement, REC~MMENDATICN Approve a $~ ~a,DOg Ten~Year Agreement with Resources far Cor~r~unity Develapmenf to implement the Housing Authority's obligations pursuant to the Declaration of Reciprocal Easerr~ents, Covenants end Restrictions far the breakers at Bayport Townhon~as, Res c ~~ ly submitted, .r ~~ ' S F. , .. 7 Leslie A. Little Development services Dire or Mi eel T. Pucci Mousing Authority Executive Director Approved as to funds and account,. ~~ ~~ Glenda . Ja Interim Finance Director ~y: ebbie Patter Base Reuse and Community Develapmenf Manager AMCILALIMTPIDP:dc UN'APPI~~VED MINUTES OF THE SPECIAL JOINT CITY COUNCIL, ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY ~ARRA7 AND COMMUNITY IMPROVEMENT COMMISSION ~CIC~ MEETING TUESDAY -~ - - MAY 19, 2009- - - G:45 P.M. Mayor/Chair Johnson convened the Special Meeting at 6:50 p.m. ROLL CALL _ Present: Councilmembers/Board Members/Commissioners deHaan, Gilmore, Matarrese, Tam, and Mayor/Chair Johnsan --~-- 5. Absent: None. Public Comment: Jean Sweeney, Alameda, stated that development agreements are enforceable by law even if the development does not materialize as long as there is public benefit; SunCal has already sold their interest to D. E. Shaw; the Alameda Point Master Plan has twenty pages of parks that may or not happen and contains big promises about saving the historic buildings; the SunCal initiative has a different story; demolishing three hundred buildings to make way for six thousand homes on toxic land in a flood plain; to rip off Alameda citizens is unconscionable. The Special Meeting was adjourned to Closed Session to consider: } Conference with Real Property Negotiators X54955.8}; Property: Alameda Point; Negotiating parties: City Council / AARRA / CIC / SunCal; Under negotiations: Price and terms. Following the Closed Session, the Special Meeting was reconvened and Mayor/Chair Johnson announced that the City Council, ARRA, and CIC received a briefing on the status of negotiations with SunCal; no action was taken. Respectfully submitted, Lana Stoker, Acting City Clerk Acting Secretary, Community Improvement Commission The agenda for this meeting was posted in accordance with the Brown Act. Special Joint Meeting A7.ameda City Council, Alameda Reuse and Redevelopment Au~~hority, and Community lmp~ovement Commission May 19, 20Q9 UNAPPROVED MINUTES OF THE SPECIAL JaINT CITY COUNCIL AND COMMUNITY IMPRbVEMENT CQMMISSION ~CIC} MEETING TUESDAY- -MAY 19, 2009- -7:27 P.M. Mayor/Chair Johnson convened the Joint Meeting at 7:46 p.m. ROLL CALL Present: Councilmembers/Commissioners deHaan, Gilmore, Matarrese, Tam, and Mayor/Chair Johnson _ 5. Absent: None. CONSENT CALENDAR Councilmember/Commissioner Matarrese moved approval of the Consent Calendar. Councilmember/Commissioner Tam seconded the motion, Which carried by unanimous voice vote - 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number. ~*09-- CIC} Minutes of the Special Community Improvement Commission Meeting held on April 7, 2009, and the Speoial ,Joint City Council/Alameda Reuse and Redevelopment Authority/Community Improvement Commission Meeting held on April 14, 2009. Approved. ~*09-- CC} Resolution No. 14328, "Approving and Adopting the Report to the City Council on the Proposed Amendments to the Community Improvement Plans for the Business and Waterfront Improvement Project and the West End Community Improvement Project, Submitting the Report and Proposed Amendments to the City Council, and Consenting to and Requesting the City Council to Call a Joint Public Hearing on the Proposed Amendments." Adopted; and ~*09- CZC} Resolution No. D9-195, "Consenting to and Calling Joint Public Hearings on the Proposed Amendments to the Community Improvement Plans for the Business and Waterfront Improvement Project and the West End Community Improvement Project." Adopted. AGENDA ITEMS None. ADJOURNMENT There being no further business, Mayor/Chair Johnson adjourned the Special Joint Meeting at 7:47 p.m. Special Joint Mooting ~ Alameda City Council and Community Tmpx~ovement Commission May J.9, 2009 Respectfully submitted, Lana Stoker, Acting City Clerk Acting Secretary, Community Improvement Commission The agenda for this meeting was posted in accordance with the Brown Act. Special Joint Meeting 2 Alameda City Council and Community improvement Commission May 19, 2009 CITY ~F A.AI~EDA Memorandum To: Honorable Mayor and Members of the City Council Honorable Chair and Members ofthe Alameda Reuse and Redevelopment Authority From: Ann Marie Gallant Interim City Managerllnterim Executive Director Date: June 1 ~, 2009 Re. Approve an Application far Federal Surplus Property for Public Park Purposes, Adopt a City Council Resolution of Authority to Acquire Property for the Eight-Acre Estuary Park at the North Housing Parcel, and Authorize the Interim City Manager to Negotiate and Execute a License Agreement with the Navy for Use of Estuary Perk Adopt an Alameda Reuse and Redevelopment Authority Resolution Finding that Acquisition of the Eight-Acre Estuary Park at the North Flowing Parcel for Public Park and Recreation Purposes is Consistent wifih the Naval Air Station Alameda Community Reuse Plan and Authorize the Expenditure of Funds to Renovate Estuary Park BACKGRGUND I n November 2007, the Navy declared a 42~acre portion of the Naval Air Station ~NAS} Alameda surplus. This property, located east of Main Street and north of Singleton Avenue, is referred to as the North Housing Parcel and was formerly occupied by the United States Coast Guard USCG}, As the Local Redevelopment Authority ~LRA}, the Alameda Reuse and Redevelopment Authority ~ARRA} was charged with conducting the federally mandated screening process for Public Benefit conveyances ~Pl3Cs} and homeless accommodation. Qn February 5, 200, the City Council authorized the Recreation and Park Department to submit a Notice of interest ~NQI} for a PSC for eight acres of open space at the North Housing Parcel. The eightMacre park is referred to as Estuary Park and contains one baseball field and two soccer fields, PSCs for public park or recreation purposes are approved and administered by the United States Department of the InteriorlNational Park Service NPS}. In March 200, NPS provided a letter to the ARRA making a determination that the property is suitable for public park and recreational use and that the City of Alameda is a qualified public agency far receiving surplus Federal praperty~ The letter further states that NPS supports conveyance of the property to the City ~C!-ARRA,ICN~ ,~~~nd~ ~t~m #~~~ o~~~ ~~a~ Honorable Mayor and June ~ ~, 2009 Members afthe City Council Page 2 of4 Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority provided it submits a satisfactory application. The City submitted its NCI to the ARRA on March 1, 2008. ~n March 4, 2009, the ARRA Saard approved an amendment to the NAS Alameda Community Reuse Plan and the homeless accommodation for the North Housing Parcel. The amended Community Reuse Plan anticipates that Estuary Park will be conveyed to the City via a PAC for public park and recreation purposes. Fallowing submittal of the Amendment to the Community Reuse Plan to the Navy and United States Department of Housing and Urban Development THUD}, the City can now submit the attached Application for Federal Surplus Property for Public Park or Recreation Purposes to NPS, An ARRA resolution finding that the application is consistent with the Community Reuse Plan, as well as a City Council resolution of authority to acquire the property, are required as part of the NPS application DISCUSSION The City of Alameda is underserved for parks and open space. In general, California cities strive to provide three to six acres of open space per 1,000 residents. The City currently has ~~9 acres of span space per 1,000 residents. The opportunity to acquire additional open space at no cost to the City is important far creating additional park and recreation areas. Acquisition of Estuary Park is ideal given its previous uses included a baseball field and two soccer fields and its location on the west end of Alameda. In prior years, the City had a use agreement with the USCG to use the fields for youth soccer programs. In the pest several years, the fields have been underutilized and will require upgrades to return them to playable and safe condition. It is anticipated that it will cost approximately $100,000 to restore the two soccer fields, The Miracle League, a nonprofit organization dedicated to creating. opportunities for differently abled children and young adults to play baseball on fields designed for their access and success, has expressed interest in renovating and operating the baseball field under a license agreement with the City The City's application to NPS discusses the Miracle league's interest in the property and the City willingness to work with the Miracle League. In addition, it is possible that the City will enter into license agreements with local soccer leagues for use of the soccer fields. These agreements could offset the initial capital costs, as well as on-going maintenance expenses estim~t~d at ~~~,00~ a year. The application anticipates renovating the soccer fields immediately, but delaying improvements to the baseball field pending an agreement with the Miracle League. There is an opportunity for the City to enter into a license agreement with the Navy t restore and use the park pending formal property conveyance' It is anticipated that conveyance via the PBC will occur in the next 12-18 months, following the pity Council's approval of the application and resolution of authority to acquire the property, Honorable Mayor and June 15, ~DDg Members offihe City Council Page 3 of4 Honorable Chair and Members of the Alameda Reuse and Redevelapment Authority Therefore, it may be appropriate to negotiate and execute a license agreement far use of the property as soon as possible. In addition fio renovating the soccer fields fio make them available for play, the City would need to acquire environmental insurance for the site, The environmental regulators approved a Record of Decision ~R~D} for soil in October ~DD7~ The Navy performed all soil remediafiion required by the RED, and a draft Finding of Suifiability for Transfer ~FQST} has been prepared, The RED contains a land use control on the property that prohibits digging below flour feefi without the prior written permission of the Navy and environmental regulators. Ifi is estimated fihafi a ten year environmental insurance policy would cost ~75,DQD, It is proposed that the ARRA fund the renovation of the two soccer fields, the insurance policy, and the annual operating expenses, In addition to the City Council approval of the Application for Federal surplus Property, and authorization. to negotiate and execute a license agreement with the Navy, the ARRA musfi approve a resalufiion finding that the proposed public park use is consistent with the community Reuse Plan. The ARRA must also approve expenditure of its funds for renovation of the soccer fields, purchase of environmental insurance, and the first year's operating expenses. FINANCIAL IMPACT Funds forthis projecfi, in the amount of$225,DDD, are budgeted in fibs ARRA Fund X58. Funds were budgeted as part of the two~year budgefi ~FYD8RDQ -~ FYDQ-10} and are available in FYD9~~D. Approximately $~8D,DDD will be transferred from ARRA Fund ~~~ to the Capital lmpravernent ~CIP} Fund ~~ D for park development and purchase of environmental insurance and a deposit of ~~5,oDD to the Athletic Trust Fund ~8D to be held until the fields are operational, ENVIRONMENTAL REVIEVy 0n March 4, ~DQ9, the ARRA adapted an addendum to the Final Environmental Impact Report for the Reuse of Naval Air Station Alameda and fibs Fleet and Industrial Supply Center, Alameda Annex and Facility ~SCH# ~ D9542~~ Q5} Reuse Plan ~~R}~ The addendum analyzed, among .ether things, the environmental impact of an eight~acre community park at the North Housing Parcel and concluded that the proposed use would net create any new significant environmental impacts or substantially increase the severity of any previously identified impacts or effects on the environmenfi~ City Council approval of the Application for Federal Surplus Property and of a resolution of authority to acquire property and ARRA approval of a resolution finding that development of the eight-acre park is consistent with the Community Reuse Plan and of funding the improvements are consistent with the addendum and no further environmental review is necessary. honorable Maye City C~Uncil ~Ilembers of th edevelopme~'t Authority Chair alameda Reuse and R Honorable Members Qf the A o er~y for Pubic Pack ECOMM'~Np~T""~_ or Federal SurP~us PC p R Estuary ttached Application f h~wp,~re City council: for the E~9 Appro seshe a to Acquire Properly • Purp° uthority reemEn~ t a R~SOIu~:-on °f A parcel. nd execute a licen$~ ag Adop t the N°~'h H°u~ing to ne9Q~iat~ ~ Ce. parka City Manager rior to conVe`lan Inteus of Estuary Park p ,ark at the • Authorie Na y fo ht_p cre ED'S Consistent With With th of the Egg uses that ~`~auisition ~~on Purp ecrea p,RRp,: ~ a Resolution F~ndinPublic Perk ~ d Reuse Plan• Wo SQ~~er fields, AdOp Housing Parcel for Ada Hamm to the t Ses fir Adam to ren°~a ting eXp~n Nosh tation pg.10 ear opera Naval Air S far FY the first y the ~ fiunds aS budgeted ce, and fund ',, th ~nta~ insuran pp~ro~~ enviranm account, ase sand punch to fund Estua~Y Pack ApprOVed as ~esp `t1e erector _es~~e ~erv~ces mend ~ave~op ,, ~ ~ n. r' F ~ ~~ ~ ... ~ !. ~~~ r " ~ ~ to ~.~.~ ~~~tiard rk ~~rec ~a~e ~,nd Pa ecreat~on . ~ G~end ~ ~~reot°r ~nance lntar'nn ev: er it De~elop-~ent Manager e e~ Reuse and C~mmun y gas P~~~;dc ~.p,~-1~ CITY OF ALAMEDA RESOLUTION NO, RESOLUTION OF AUTHORITY TG ACQUIRE LAND ~ ESTUARY PARK, NORTH HOUSING PARCEL, ALAMEDA, CALIFORNIA ~~ ~~. ,k ~~ ~JHEREAS, certain real property owned by the United States of America, ~~ located in the City of Alameda, County of Alameda, State of California, has ~ ~ been. declared sur ius and at the discretion of the De artment ofthe Nav ma p p y~ y ~ be assigned to the Secretary of the Interior for disposal for public park or w, recreational purposes under the provisions of 4o U~S.C. ~ 550 ~e}, and any regulations and policies promulgated pursuant thereto, more particularly described as follows: Name ofthe surplus federal property: North Housing Parcel 4~ Additional Acres at Naval Air Station Alameda, California Approximately eight acres of Parcel ~A, consisting of existing outdoor recreational facilities, is being requested under an Application for Federal Surplus Property for Public Park and Recreational Purposes, Exhibit A hereto, and ~vHEREAS, the City of Alameda needs and will use said property in perpetuity for public park or recreational purposes as set forth in its application and in accordance with the requirements of the Federa! Property and Administrative Services Act of ~ 94g Act} and any regulations and policies promulgated there under. NOVV, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALAMEDA DOES RESOLVE AS FOLLOVVS: Section ~ . The City of Alameda shall make application to the National Park Service for, and secure the transfer to, the above-mentioned property for said use and subject to such exceptions, reservations, terms, covenants, agreements, conditions, and restrictions as the National Park Service and the Federal disposal agency may require in connection with the disposal of said property under said Act and the regulations and policies issued pursuant thereto, Section Z. The City of Alameda has legal authority, and is willing and able, to properly develop, maintain, operate, and assume liability of the property, and the Interim City Manager is hereby authorized, far and on behalf of the City ofAlameda to do and perform any and al! acts and things which may be necessary to carry out the foregoing resolution, including the preparing, making, and filing of plans, applications, reports, and other documents, the execution, acceptance, delivery, and recordation of agreements, deeds, and other instruments pertaining to the transfer of said property, including the filing Resolutions #2.R 06~~ s-og Joint CC ARRA CIC Meeting of copies ofthe application and the conveyance docur~ents in the records of the governing body, and the payment of any and all sums necessary on account of the purchase price thereof or fees or costs incurred in connection with the transfer of.said property for survey, title searches, recordation or instruments, or other costs identified with the acquisition of said property. Exhibit A: Application for federal Surplus Property for Public Park or Recreation Purposes *~~~~* I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the City Council of the City of Alameda during the Special Joint Meeting of the City Council and the Alameda Reuse and Redevelopment Authority on the ~~~~ day of June Zoo9, by the followin vote to g wit: AYES: NOES: ASSENT: AESTENTIONS: IN v111TNESS, ~11HEREQF, I have hereunto set my hand and affixed the official seal of said City this ~7~r' day of June ~009~ Lora vlleisiger, City Clerk City ofAiameda Ci~~ ~~~'f~~ccr~~c~clcc ~~c~r~ccGtic~r~ c.~ Pccr~k .~c~~cll~itr~~~~c1~.~ APPLICATION FOR FEDERAL SUPLIJS PROPERTY FOR PUBLIC PARK OR RECREATION PURPOSES Ju~1.e 16, 2009 APPL1CATlON FOR FEDERAL SURPLUS PROPERTY FCR PUBLIC PARK OR RECREATION PURPOSES PART A June ~ ~, BOOB To; U.S~ Department of the Interior National Park Service, Pacific vvest Region 1~1~ Jackson Street., Suite 700 Oakland, CA 9480?-48 ~ 6 The undersigned, Gity of Alameda, a California lotlunicipal Corporation, hereinafter referred to as the Applicant or Grantee, acting by and thraugh~ Anne Marie Gallant, Interim City Manager City of Alameda 2~~3 Santa Clara Avenue, Room ~~g Alameda, CA 94~0~ ~~10~ 747-4?~~ hereby mares application to the U,S. Department of the Interior, National Park Service, acting for and an behalf of the Secretary of the interior pursuant to 4a U~S~C, ~ 550 ~e~, and in accordance with the regulations and policies of the U~S. Department of the interior for the transfer of the following property which has been declared surplus by the Departrent of the Navy and is subject to assignment to the National Park Service for disposal for public park or recreational purposes; Property: North Housing Parcel, 42 Additional Acres at Naval Air Station, Alameda, California Acres: Requested Acreage--Eight acres of autdear reereatien facilities-known as Estuary Park General Services Administration Control Number. N1A The property is more fulky described in Part B of this application, attached hereto and made a part thereof. Enclosed herewith as Part C of the application is a resolution showing the authority of the undersigned to execute this application and to cio alI other acts necessary to consummate the transaction The following agreement is made by the Applicant in consideration of and for the purpose of obtaining the transfer of any or all property covered by this application, anti the Applicant recognises and agrees that any such transfer will be made by the United States of America in reliance an said agreement. The undersigned understands and agrees that the application is made and the property is conveyed subject to the 7 following terms and conditions which may be enforced through a reversionary right in the property reserved to the United States of America. This application and its acceptance by the National Park Service shall constitute the entire agreement between the Applicant and the United States of America, unless modified and approved in writing by bath parties. This agreement becomes binding once the instrument of conveyance has been executed by the applicant The applicant is required to duly record the instrument of conveyance in a timely manner. The description of the property set forth herein is believed to be correct, but any error or omission shall not constitute ground or reason for nonperformance of the agreement resulting from the acceptance of this appiication~ 1, The Applicant understands and agrees that the property is to be conveyed "as is" and "where is" without representation, warranty, or guaranty as to quantity, quality, character, condition, sire, ar kind, or that the same is in condition ar fit to be used for the purpose intended and no claim for any adjustment upon such grounds will be considered after this application has been accepted. Notwithstanding the foregoing, the United States is bound by any covenants contained in the deed regarding Section ~~o~h~ of CEI~CLA, 4~ U.S.C, ~~G2o~h~, ~, The Applicant agrees to assume constructive possession of the property upon receipt of written notification from the National Park Service. Should the Applicant fail to assume constructive possession of the property, it shall nonetheless be charged with constructive possession upon receipt of such notification from the National Park Service 3. At the date of assumption of constructive possession of the property, or the date of conveyance, which ever occurs first, the Applicant shall assume responsibility for any general and special real and personal property taxes, which may have been or may be assessed on the property, and to prorate sums paid, or clue to be paid, by the United States of America in lieu of taxes; and for care and handling and all risks of loss ar damage to the property, and have all obligations and liabilities of ownership, 4, if a purchase price is due, the Applicant shall tender the purchase price to the United States of America on a mutually agreeable date after the property has been assigned to the National Park Service. 5. Conveyance of the property shall be accomplished by an instrument, or instruments, in a farm satisfactory to the National Park Service without warranty, express or implied, and shall contain substantially, but may not be limited ta, the following reservations, restrictions, and conditions: (a) The Grantee shall forever use the property exclusively for public park and recreational use in accordance with its application far property, particularly the 3 Program of Utilization contained in Part B of the application, anti approved amendments thereto, as provided below, ~b~ The Program of Utilization contained in Part B of the application may be amended only for the continued use of the property for public park or recreational purposes at the request of either the Grantee or the National Park Service with the written concurrence of the other party, Such ~~arnendments will be added to and become a part of the original application and of this quitclaim deed, and shat! be consistent with purposes for which the property was originally transferred. The Grantee shall furnish any dacunentation, maps, photographs, studies, and other information to support the request as re~{uested by the National Park Service to evaluate any proposed use or development of the property ~c~ The property shall not be sold, leased, assigned, or otherwise disposed of except to another eligible governmental agency that the National Park Service agrees in writing can assure the continued use and maintenance of the property for public park ar recreational purposes subject to the sane terms and conditions in the original instrur~ent of conveyance, Any martgag~, lien, ar any other encumbrance not wholly subordinate to the reverter interest of the Grantor shah constitute an impermissible disposalF However, this provision sha11 not preclude the Grantee and its successors or assigns from issuing revenue or other bonds related to the use of the property to the extent that such bonds shall not in any way restrict, encumber, or constitute a lien on the property, ar from providing related recreational facilities and services consistent with the approved application through cancessio~~ agreements, permits, and licenses entered into with third parties, provided prior concurrence to such agreer~ents is obtained in writing from the National Park Servicer ~d} The Grantee shall, withi~~ three months of the date of the recording of the instrument of conveyance, erect and forever maintain a conspicuous sign or signs near the principal point or points of access to the property that states. "The National Park Service, U.S, l:~epartment of the Interior, donated this land to the r~ar~e of Grantee far public recreational use through the Federal .ands to Parks Pragram~" ~e}.Beginning two years frorr~ the date of conveyance, the Grantee shall prepare biennial reports describing the development and use of the property, and any revenue generated from its operation during the preceding twoMyear period, The Grantee shall prepare and submit ten consecutive biennial reports to the appropriate National Park Service office and further as the National Park Service may determine to be necessary, ~f} All revenue received by tl~e Grantee through concession agreements, use permits, or other fees generated by activities an the property shall be used only for the implementation of an approved Program of Utilization or the operation of park and recreation facilities and programs on the praperty~ After the Program of Utilization is fully implemented, and as long as the property is properly and sufficiently operated and maintained, the revenue may be used only for ether public park and recreational purposes by the Grantee, Any revenue received by the Grantee which is generated through the operation of the property shall be listed and accounted far in its biennial reports to the National Park Service. fig} The Grantee further covenants and agrees for itself, its successors, and assigns, to comply with the provisions of the Federal Disaster Protection Act of ~ 976 X87 Scat, 975}; Executive order ~ 1988, relating to the evaluation of flood hazards; Executive order ~ ~ X88, relating to the prevention, contra!, anal abatement of water pollution; and Executive Order ~ 199U, relating to the protection of wetlands, where and to the extent said Act and Grders are applicable to the property herein conveyed, and the Grantee shall be subject to any use restrictions issued under said Act and ~rders~ ~h} The Grantee further covenants and agrees far itself, its successors and assigns, to comply with all Federa! laws relating to nondiscrimination in connection with any use, operation, program, or activity an or related to the property requested in this application, including, but net limited to: All requirerr~ents imposed by ar pursuant to the regulations of the U.S. Department of the Interior X43 C.F.R. Part ~ 7}; Title Vl of the Givil Rights Act of 1964 ~4z U.S,C, ~ ~9a6c1-~ }, which prohibits discrimination an the basis of race, color, ar national origin; The Age discrimination Act of 1975, as amended ~4~ U.S,C. ~ 6~ U1 et seq..}, which prohibits discrimination an the basis of age; Section 504 of the Rehabilitation Act of 1973, as amended X29 U~S.G, ~ 794}, which prohibits discrimination an the basis of handicap; The Architectural Barriers Act of 1965, as amended ~3~ Stet. 7.18}, whlcf'~ requires facilities located on the property to be accessible to the physically handicapped; and The Americans with Disabilities Act of 1990 ~10~ Stet, 337}, which requires that no otherwise qualified handicapped individual shall, solely by reason of his ar her handicap, be excluded from the participation in, be denied benefits af, ar be subject to discrimination under any program or activity receiving Federal financial assistance, The Applicant further agrees to require any ether person or entity who, through contractual ar other arrangements with the Applicant, is authorized to provide services or benefits on or in connection with the property requested herein, and S to promptly take and continue to take such action as may be necessary to effect this agreement. {i} Title to the property transferred sha[I revert to the United States of America at its option for noncompliance with any of the terms and conditions of the conveyance, In the event that there is a breach of any of the conditions and covenants herein contained by the Grantee, its successors and assigns, whether caused by legal or other inability of the Grantee, its successors and assigns, to perform said conditions and covenants, or otherwise, all right, title, and interest in and to the said premises shall revert to and become the property of the Grantor at its option which, in addition to all other remedies for s~~ch breach, shall have the right of entry upon said premises, and the Grantee, its successor and assigns, shall forfeit all right, title, and interest in said premises and in any and all of the .tenements, hereditaments, and appurtenances thereunto belonging ~j} The Grantee, by its acceptance of this deed, covenants and agrees for itself, and its successors and assigns, that in the event the Grantor exercises its option to revert all right, title, and interest in the property to the Grantor, ar the Grantee voluntarily returns title to the property in lieu of a reverter, then the. Grantee shall provide protection to and maintenance of said property at all times until such time as the title is actually reverted or returned to and accepted by the Grantor, including the period of any notice of ,intent to revert, Such protection and maintenance shall, at a minimum, conform to the standards prescribed by the General Services Adr~inistratiar~ in its Federal Property Management Regulations in effect at the time of the reversion, Prior to any such reversion, the Grantee further agrees to complete and submit to the Grantor an environments! assessment of the property that sufficiently documents and evaluates its condition in regard to the release of hazardous substances as defined under the Comprehensive Environmental Response, Compensation, and liability Act of 198D, as amended ~4~ U.S.C. § 9~~0{h}], {k} The National Parr Service, and any representative it may so delegate, shall have the right of entry upon said premises at all reasonable times to conduct inspections of the property for the purpose of evaluating the Grantee's compliance with.the terms and conditions of the conveyance, {l} The failure of the National Park Service or any other agency of the United States, to exercise any right or remedy granted under this instrument shall not have the effect of waiving or limiting the exercise of any other right ar remedy or the use of such right or remedy at any other time. {m} The Grantee, its successors and assigns, shall hold harmless, defend, and indemnify the United States, its employees, agents, and representatives from and against any suit, claim, demand or action, liability, judgment, cost or other fee arising out of any claim for personal injury or property damage {including G death, illness, or loss of or damage to property or economic loss} that arises from the Grantee's ar the Grantee`s agent`s use or occupancy of the property andlor the Grantee's failure to comply with the terms of this deed. fin} The United States of America shall have the right to reserve all oil, gas, af~d mineral rights in the property. ~, Any title evidence which may be desired by the Applicant will be procured by the Applicant at its sale expense, The National Park Service will, however, cooperate with the Applicant ar its authorized agent in this effort and will permit examination and inspection of such deeds, abstracts, affidavits of title, judgments in condemnation proceedings, or other documents relating to the title of the premises and property involved as it may have available The United States of Arr~erica will not be obligated to pay for any expense incurrecl in connection with title matters or survey of the property. 9. The Applicant shall pay ail taxes imposed an this transaction and shall obtain at its own expense and affix to all instruments of conveyance and sec~.~rity dacur~ents such revenue and documentary stamps as may be required by Federal and local law, All instruments of conveyance and security documents shat! be recorded at the Applicant`s expense within 3o days of their receipt in the manner prescribed by local retarding statutes. The Applicant shall provide the National Park Service with a certified copy of the instrument of conveyance within 3D days of the date of recordation which indicates the date, location, and book and page number of its retarding. 1 D, The Applicant agrees to comply with Section ~ 06 of the National Historic Preservation Act of 9GG, as amended ~~ ~ U.SoC, ~ 4?D} by ~a} consulting with the State Historic Preservation officer and conducting investigations, as necessary, to identify sites and resources an the property listed on or eligible for nomination to the National Register of Historic Places, fib} notifying the National Park Service and disposal agency of the existence of any such sites and resources, and ~c} complying with the requirements of 3~ C, F, R, Part 8DD, as established under the National Historic Preservation Act of 19~~, as amended, to avoid or mitigate adverse effects on such sites and resources 1 ~, The National Park Service or disposal agency may require additional reservations, restrictions, and conditions in the instrument of conveyance to safeguard the interests of the United States of America, including covenants relating to environmental protection and historic preservation. The National Park Service will give the Applicant sufficient opportunity to review any additional requirements prior to the conveyance of title to the property. 7 1 agree that the instrument effecting the transfer to the Applicant of any praperty covered by this application will captain provisions satisfactory to the United Mates of America, incorparating the substance of the foregoing agreement, with such provisions to consist of ~1} a condition, coupled with a right reserved to the United Mates of America to cause the praperty to revert to the United States of America at its option in the event of any breach of such condition, and ~z~ a covenant running with the land, The Applicant understands that the United States of America shall have the right to seek judicial enforcement of this agreement, and that this agreement shall be binding upon the successors and assigns of the Applicant, ~Dala of Applicatian~ ~si~nalura~ Interim City Manager City of Alameda S ~~~ ~~~~1~ ~~~I~ ~~.~ ~~~c~~~. ~1~~ ~~r~.~o~~r~s PAPT B PROPERTY DESCRIPTION PART B ~ DESCR[PTIC~N DESCRLPTION OF PROPERTY -~ PARS' 1 -~ A, ~,_C,_&_ Instructions far Completing Part B; ~A~ Narrative; Frovide a physical description of the property, including exl's~ir~c~ improvements structures, buildings, recreation facilities, roads, etc. and ley. geographic features typography, vegetative cover, v~ater bodies, outstanding natural features, etc.} The North H©using Parcel, 4~ Additional Acres at Naval Air Station ~NAS}, lies at the western tip of the island of Alameda and is bordered by the Oakland Inner Harbor to the north, son Francisco Bay to the south and west and the City of Alameda to the east. The island of Alameda is located al®ng the bayshore of Alameda County separated from the East Bay by the Qal~land Estuary. The City of Oakland is to the north and east and the 11~etropolitan Oakland International Airport and the City of San Leandro are to the south. In ~4 99~, NAS Alameda, City of Alameda, California, was designated for closure pursuant to the Defense Dase Closure and Realignment Act of ~ 994, Public Law ~ a~ -~~ ~, as amended. Pursuant to this designation, the majority of the land and facilities at the installation were declared surplus to the needs of the federal government an Iv(ay 2~, X994, NAS was operationally closed in X997. The property now referred to as the North Housing Parcel uvas originally planned as a Federal~to-Federal transfer to the United States Coast Cuard 4USCG~ and was therefore not Included.In the lay 2D, X994 surplus determination. The USCG subsequently withdrew its request to acquire title tv the property, The Department of the Navy has determined that the North Housing Parcel is surplus government property and is potentially available for public use. The North Housing Parcel offers 4~ acres of surplus property and includes buildings and other improvements as follows; ~~ } Family housing units built around X969 ~r~ulti~fannily structures with 28~ individual housing units totaling approximately 44~,g~ a square feet} ~~~ Approximately eight acres of outdoor recreational facilities ~~} Paved areas ~roads~ and other surface areas sidewalks, sewer, etc,}. The City of Alameda is submitting this application to request approximately eight acres of Parcel ~ A to rehabilitate existing outdoor recreation facilities for use of the existing baseball field and two soccer fields, The City seeks the acquisition of eight acres within the North Housing Parcel to offset a need by a variety of youth sports argani~ations. ~o ~D7 MapsF Provide a map of the property that you are requesting, The neap should show the property boundary, existing improvements structures, buildings, recreation facilities, roads, etc,}, and key geographic features typography, vegetative cover, water bodies, outstanding natural features, etc., if you are applying for a portion of the total surplus Federal property, include a map that shaves the property requested in relation to the entire site, include a locus map that shows the location of the surplus Federal property in its larger geographic context. The City is requesting approximately eight acres of Parcel ~ A to rehabilitate the existing outdoor recreational facilities done baseball field and two soccer fields}, Attachment A identifies the property requested in relation to the entire site A locus rnap Attachment Atli} shou~s the location of the surplus Federal property in its larger geographic context. ~C} Legal Description; Provide a legal survey description of the property by metes and bounds survey A legal description may be available Pram the disposal agency, if this information is not available, we will request that you survey the property when we are confident you Will be the recipient in that case, the legal description may be submitted subsequent to the application. Attachment B provides the legal description of the property by metes and bounds survey ~D} Photographs; Provide representative photographs of the property being requested, showing topography, roads, buildings, facilities, improvements, and points of special interest, fee Attachment C Photographs are attached for reference. PI~CCRAI~ ~~' UTILI~ATIDN -~ PAST 2 -~ A, B, C, & D Discussion of the information requested in tl~e following sections should be interrelated and consistent. Far example, a building or facility which is described in the Narrative should be listed in the Schedule of Development and identified on the Site Plan. Tie F~ragram a~ Utiiiz~ation must be stated ire the affirmative; tine ~raposea~ arses and devefapmer~ts may not ~e can~ecturai arcon~itional, ~a} Narrative: Provide a thorough description of the proposed recreational use4s} and development of the property requested. Describe the new facilities to be developed, if any, as well as the proposed reuse, alteration, demolition, ar renovation of any existing Il buildings, facilities, and improvements, Explain any recreational or related programs, activities, and services proposed far the property discuss any anticipated third party agreements for providing services an the property or far managing any aspect of it. The City of Alameda is submitting this application to request approximately eight acres of Parcel ~ A consisting of existing outdoor recreational facilities to obtain use of the existing baseball field and two soccer fields. The City seeks the acquisition of eight acres within the North Housing Parcel to offset a need by a variety of youth sports organizations and to provide a recreational venue for individuals and families that may come to live in the other 3~ acres at the North Housing Parcel, and existing families in U~CC unitst The site will also serve future neighborhoods at Alarr~eda Landing, as well as Alameda's westpend, where the population growth is expected to occur The City of Alameda Recreation and Park department parks are open and available for public use between dawn and dusk sunrise and sunset} anal these terms will apply to the proposed outdoor recreational facilities. The propased site has been underused and. neglected for several years.. Improvements will be required to return the park land to a safe and playable condition. Irrigation repairs and the installation of new turf will be provided for soccer fields and will be funded by the City of Alarr~eda. Miracle League, a n®n~prafit organization that provides a safe organized baseball league and facilities for children with mental andlor physical challenges, has expressed interest in using the baseball field Attachment D~~ if the Miracle League enters ~nta a concession agreement With the City, it will be responsible for funding the renovation to make the baseball field ADA accessible and playable for its program The field Mould have restricted use to comply with Miracle League's schedule. The field would be available far other uses when not used by the Miracle League, If Miracle League does not entered into a concession agreement, the City of Alameda Recreation and Park Department will improve the .field and make arrangements with local non-profit sports organizations to use the field for theirpragrams. The recreation and Park Qepartment will administer the proposed eight acres of outdoor recreational facilities in the same manner as the 22~ acres in our existing inventory. The site will be scheduled for use by a variety of local nanyprofit sports organizations and will remain accessible to the general public during all other haursR Non-profit organizations may be requested to pay a rnaintenance fee depending on the terms of the use agreement. fib} schedule al: Development: Prepare a tentative time frame for the development including the reuse, alteration, demolition, ar renovation} of buildings, facilities, and improvements an the property, Provide a schedule of development indicating what and when .development will take place, how long the development will require, and the estimated annual capital improvement casts. The period of development should IZ commence no later than one year from the date of conveyance of the property and should not normally exceed a consecutive five-year period, Plans for development beyond the initial five~year period should be submitted to the National Park Service in the future as amendments to the Program of Utilization, as provided in Term and Condition 7~b} of Part A~ It is estimated that it would take approximately 60 days to accomplish upgrades and renovations required to return the soccer fields to a playable condition and commence the proposed program. The pra~ect proposed by the ~lliracie League is scheduled to begin immediately after the land is conveyed. This includes upgrades required. to adapt the field far children with rr~ental a~ndlor physical challenges, ~c~ Site Plan: Provide a site plan of the proposed use and development of the property, including the location of buildings, facilities, and improvements discussed above, In the case of buildings and other enclosed structures, provide generalized floor plans indicating the proposed recreational. use of the interiors. Indicate where the principal access roads will be located to and within the property, as well as public parking areas, if applicable. Please ~o riot include detailed architectural or engineering plans with the application unless otherwise requested. The City is requesting approximately eight. acres of Parcel ~ A to rehabilitate the outdoor recreational facilities done baseball field and.twa soccer fields}. The site plan is attached with the requested porfian of Parcel ~ A highlighted far reference Attachment E}. ~d} Historic Preservation Plan: if the property or portion thereof, is listed an or is eligible for nomination to the National Register of Historic Places, the applicant must coordinate with the State Historic Preservation officer and National Park Service to address the requirements of the National Historic Preservation Act of ~ 95~, as amended. Provide information an the hisforic preservation plan, including a statement and, supporting documentation from the State Historic Preservation officer showing that the P~agram of Utilization meets the requirements of the National Historic Preservation Act of ~! 9~5, as amended, Please refer toTerms and Conditions 10 and ~~ in Part A. ~n April 2, 2DDg, the State office of Historic Preservation ~SNP~} sent a letter to the Navy approving the Navy's request that the Area of Potential Effect CAPE} for the transfer and reuse of the North Housing Parcel, Naval Air Station, Alameda be defined as the entire footprint of the North Klausing Parcel and approximately eight acres o~ open space north of ~Casley Avenue Estuary Park. SHPT also concurred with the Navy's plan for ongoing consultation far this undertaking Qn April ~8, 2DD9, the Navy sent a letter to all of the consulting parties, and Sl~~P~, requesting comments on its finding of "na hisfaric properties affected' consistent with 3~ CFR ~aD.4~d}~1}~i}, The Navy requested that comments be t3 submitted within 3~ days. sHP~ has not yet submitted its comments, The City will update ~~IINP~ when it is notified of ~HPC concurrence with the Navy's finding of no historic properties affected. NEED-~PANT3~A, ~,C,& l~ Provide a statement explaining the current and future need far the property, inc uding a justification for each building, facility, and improvement to be acquired, if any, This section should also include the following information; ~a~ Current population and growth trends within the surrounding area, including recreation patterns and relevant social and economic conditions, The City of Alan7eda is an island community located on the western share of the fan Francisco Bay. The city currently provides ~,2 acres of parkland per ~1,ga4 residents which is substantially below the national standard of ~ 0 acres per ~ yDg4 residents for our population. Alameda is an urban community with very few opportunities to add to its inventory of open space. The addition of this open space w®uld assist in reducing the critical shortage of turf space currently being experienced by the city. The proposed land use would be an asset to the surrounding area with minimal impact. This land use will; serve as an amenity to families that may came to live in the surplus acreage at the North Housing Parcel, existing families in the U~CC housing units, the future neighborhoods of Alameda Landing, and serve the west-end neighborhood where population growth is pr®jected to occur. fib} A description of existing park and recreation areas and facilities in the surrounding area, inc{uding type, acreage, recreational uses, and other pertinent information, A description of existing park and recreation areas and facilities in the surrounding ar~aare listed onthetable below: ~. ~. P,~R~II~A~iL1TY A~~Ea~E ~E~REATiQNAL ~` gTHER ~l~~aRMAT~~N . ... 1 l USES - City view skate Park ~ ~ 77 West Redline Ave .55 Skateboardin Alameda Paint Cym ~ ~ 41 West Redline Ave 53,000 sglft, Basketball, valleyba[1 Alameda Paint Multi-Purpose Field, West Redline Ave 4 Baseball & soccer Albert H. Dewitt C' Club Social Engagements & 541 Uvest Redline Ave 35,00 s Ift, Conferences Bay~art Park & Facility Baseball, Soccer, & Facility is shared use Frith X58 Mode Ave 4 Play _area ___-_____-- Schaaf disfrict. ~~ Encina! Boat Ramp 210 Central Avenue, Rear x,44 Main Street ~.inear Park Atian#ic Ave & Main Street 6 Passive Main Street. Soccer Field Atlan#ic Ave & Alain Stree# 3.5 Saccer Neptune Park ~ ~. 2301 Webster Street 3.~8 Passive Woodstock Park Soccer, Softball, Play 351 C ress Street 3,94 area, & Communit Ctr ~c} A description of park and recreation deficiencies in the area expCaining present and future demands, summarize and reference any relevant state and local plans, policies, and objectives relating to public park and recreational use. Qescribe ho~u the property wi(I meet current and future recreational demands, Please ~a nod attach planning ar policy documents. The City of Alameda is an island community located an the western shore of the fan Francisco gay. The city currently provides 2~~ acres of parkland per 1,400 residents which is substantially belov~ the national standard of 14 acres per 1,000 residents for our population. Alameda is an urban community with very few opportunities to add to its inventory of open space. This land use will serve as an amenity to families that nay came to live in the surplus acreage at the North blousing Parcel, existing families in the ~SCC hauling units the future neighborhoods of Alameda Landing, serve the ~vest~end neighborhvad where population growth is projected to occur in the City of Alameda, and ease the shortage of athletic fields due to the expansion of traditional sport seasons to nearly year~raund status and the explosion of women's sports opportunities in recent years, (d} Anticipated annual volume of pubic use for the property, Access to this field space would serve approximately x,544 youth annually from variaus sports programs, not including individuals participating in the lvliracle League Program. SUITABILITY -PART 4 ~ A, ~, C, & ~ Provide a statement explaining the suitability of the property far the proposed recreational use as determined by; ~a} Appropriateness of the property in terns of its physical characteristics size, configuration, topography, pater bodies, vegetation, etc,} for the intended public recreational development and use, including notable scenic, natural, or historic resources that may contribute to public enjoyment and education, 15 The proposed property, approximately eight acres of Pane[ ~ A consisting of existing recreational facileties, features ideal physical characteristics far the intended public recreations[ development and use ~e.g., baseball field and soccer fields. In addition, this property provides an opportunety for the lvliracle League to design a baseball field suitable for chi[dr~n with rr~ental andlor physical challenges within the city of Alameda. fib} Buildings, facilities, infrastructure,. and other improvements, if any, on the property that are suitabie for use by the applicant for the intended public recreational development and use6 This property, the approximate eight acres of Parcel ~ A consisting of existing recreational facilities, is suitable for the intended recreate®nal development and use (c} Location of the property in terrr~s of accessibility and proximity to population centers, This property is Located along the northern waterfront on l~llitchel[ Mosley Avenue It is accessible and within the proximity of population centers including the families that may come tv live in the other 3~ surplus acres at the North Housing Parcel, existing families in the USCG units, future neighborhoods at Alameda Landing, estab[eshed schools and neighborhoods, and the boys and Girls Dlub. ~d} Public transportation and road syster~s serving the property, including ingress anti egress to the property. Describe any other means of access to the property, such as hiking trails and bike pathso Public transportation is within ~~~ yards. of the area and road systems are in place to serve this property, including ingress and egress to the praperty~ ~edieated bike paths are not present; however, paved streets are present and biking is a viable option far accessing the property. As this area of the island is further developed there is potential to ir~p[ement additional transportation options. ~~ee Attachment F -~ Future roads ~ Attachment G -~ Public Transit CAPA~I LLTY ~ PART ~ ~ A, ~, ~ C Provide a statement ~rhich describes the applicant's capability in carrying out the Program of Utilization described above. This section should include the follo~ving information: ~a~ The applicant's programming, development, and operational experience in providing park and recreational facilities and services to the public. !f more than one department or agency is involved, indicate their respective responsibilities tG The Recreation and Park Department is a full service municipal agency with a long history of providing recreation and park services tv the camrnunity~ In the early part of the ~a~~ century Alameda became the third municipality in California to begin offering recreation services to its citizens It currently provides a wide variety of programming options far youth through seniarsb In addition, the Department administers and maintains tennis courts, athletic fields, a skate park, o medal airplane field, a historical museums gymnasium, swimming pools, as well as two championship golf courses. fib} The applicant's financial ability to acquire, develop, rnatntain, and operate the property for the proposed recreational use, including the current annual operating budget and future sources afi funding, far the property if available, include the applicant's most current band rating tram ~t~nc~ard and doors ar a similar rating aut~~ority~ The Alameda recreation and Park Department is a division of the City of Alameda. The City's most recent bond rating by ~tar~~ar~ ar~~ doors is AA- ~Attachment H}. The City of Alameda places great importance on providing quality facilities to the community and still has great interest in this project even in light of the current econarr~ic downturn in the national economy The proposed outdoor recreational facility has recently experienced a lack of maintenance and will require significant upgrades and renavatian to return it to playable condition. The estimated cast of these repairs is $~ o~,aaD. The ongoing annua{ maintenance of the site is estimated at $45,DDD~ Eoth the renavatiQn and ongoing maintenance wi{! be funded by the City Estimated Cost lnsta{lotion of separate water meterty irrigate the site, ~ ~D,DDD Renovation of the large soccer field tc~ playable condition 45 5D4 ~10D,~QD ~c~ The organization and staff number and typed available to develop, maintain, and operate the property, Include a current arganizatian chart for the agency that ~iil manage the property showing its relationship to its governing body lfi other departments, agencies, ar nangavernmental organizations are involved in the property's operation ar maintenance, describe their level of experience or expertise in their respective areas afi rasp©nsibility. The Alameda Recreation and Park Department is a rr~unicipal agency and alI administrative and management functions will be provided by the Department. These functions included maintenance of the site, as well as scheduling and monitoring use of the site by a wide variety of comnnunity groups 4~ee Attachment 1} t7 Acceptance by the United States of America The foregoing application is hereby approved and accepted by and on behalf of the Secretary of the Interior for the United States of America this ~.... day o~ ~0 (Signature} (Title) ~~ffice~ National Park Service U.S. Qepartment of the Interior t9 ~~~~~hr~~~t A ~ ~ ~ u1 W ~ x Y D ~ ~ ~~ a ~ ~ ~~ ~ ~ ~ ~ ~ ~ ~ ~ • ~ G ~ j- a ~ h o ~ ~~ ~ r a c H ,~ ~ lw ~ ~ F ~ ~ ~ _ p., 7~ >w ~ ~ ~ I~ ~ + II ~ ~y rfr ~ I)J ~ W1 ~ 14 It ~ ~' i ~ __.. ~ p ~ ~ ~ 4 ~ ~ ~ ~; 1~ ....1 .....~ s } ~ i1 r E ~ _ _ ' 1 / ~'•r P' r E.. .. .r---... Ir s~ / , ` ') +e{....k t. ~~y i :~i ~'(\~1\`j~{~ 4 ,~( ~I. I l ,~ •,. ~ I ~ ~ ,r :i'r, •11 ! I i ' i~ .~ .rklE, , i II~,~4 •~ j I ~ 11 '•t•,. ~'~ rri{mow,-~ ,' '~ i i f ' . .4 .; f 1 , ~ lr.~ .r ~ II ,,,,i,. ~. ! 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North 76° 58` 45" East, a distance of 51.21 feet; ~. South a0° 31 ` 09" East, a distance of 15.35 feet; 3. North 76° 58' 45" East, a distance of 30.74 feet; 4. South 89° 47' 05" East, a distance of 1180.53 feet; 5. South a2° 47' 45" vvest, a distance of 294,97 feet to a point of curvature, said paint else being an angle point in said exterior boundary line; Tl~ENCE leaving said boundary line, entering into and crossing said Parcel 1 A, the following two ~2}arcs; 1. From a radial line which bears North D2° 38' 08" East, 72.47 feet along the arc of anon-tangent 75.ao foot radius curve to the left, through a central angle of 55° 21' S7"; 2. 22.49 feet along the arc of a 15.0a foot radius curve to the left, through a central angle of 85° 53` 39" to a paint of cusp, also being a point of curvature on the exterior boundary line of said Parcel 1 A; THENCE along the exterior boundary line thereof, the following five ~5}arcs, courses and distances; 1. From a radial line which bears North 41 ° 22' 32"East, 260,33 feet along the arc of anon-tangent 378.00 foot radius curve to the left, through a central angle of 39° 27' 38"; 2, North 88° 05' D6" v~{est, a distance of 463.90 feet to a point of curvature; 3. 142.35 feet along the arc of a 197.OD foot radius curve to the left, through a centre l a ngle of 41 ° 24' 01 "; ~:1Jobs18323_O~Z-City4~r'~171~1ec~~~'~8~23-C'ityQf~~ameda-OA1G~a~~z~cics!.c~ocslDescr•iptia~~sl~'a~•tia~~ ~'ct 1 A.dac 4. South 89° 28' 45"" Test, a distance of 349.82 feet; 5. North 0n° 31' 15" vUest, a distance of 284,19 feet to the POINT OF DECINNIN~. Containing 334,211 square feet or 7.5?acres, snore or less. Sec .~xhi~it "~i ~ " ~lclt to ~~ccon~~prcf~~y c~esc~-r~tinr~, ~ct~ache~l l~~j•eto ~~tr.c~ mc~cle c~ pc~r~ her~~f The basis o~Bearings forthis description is as shown on the aforementioned Record ofSurvey No. 2113. Distances shown hereon are grid distances. To obtain ground distances, multiply grid distances by 1.0000?055, as based upon said Record of Survey. May 13, 2809 END ~F DESCRIPTION o ~Na ~~~G~L E, ~o2~G~,c. a ~ ~ °a~ ~ ~ EXP. 09- -70 ~'~ No. 6815 ~'Q` 9~ 4F cA1.~F~~~ ~// 5~0~ PREPARED BY ~vQUD RC~D~ERS, INC. ~AI~LAND, CALIFaRNIA ~,'~~obsIS323 (X02-Czty~f,~~~~~~~da18323~Ci~yQ~~lac~lc~cla-C~~1~e~~~~aticslG~c~cs~~Descrip~ia~~s1~?ortion Pcl f A.cioc _~_ ~i ~r a~~ ~ . ~ ~~f ~~r_,~~~~, ~i~~ ~~~~r~~ ~r~~l~~~ ~~R'I'I~~ aF ~1~RC~1~~ ~l ~ ~_J 4.! ~..~ A l.~~~rL~~. ~_~~ .l ~. ~~~ ~/ J. ~..~../ tr/ ~ ~ W ~ T ~..-.~ ..1. ~ \~ 1 I.J ~ ~ ~.! ~/ I la lrl'~, \. ~~~ f A~.~l 1. A~~~~_~~~~ l ~L~~{~r~y~I l.~r~ ~L1..~,11.~Y~.L ~r~j~ jr ~,• M ~i ~)'Lyl lrky~~.i ~f ~~ lam/ 1 ~..i1 f ~ 1.~~~LV~ / 1 `~'~ Q ,~ ~~r ~ M I ~ v Y ',h` l 4whr W a~.~ ` Y ~j eG'd I! P C7~„~,1~ ~ / ~~] °~ `~~F~~~ ~p~~ ~~1~ ~ o ~ ~~ ~, ~ ~~ 1 r ~~ w ~ ~J d pp~ ~ ~ ~ ~ ~ ~V ~ 6e~' ~ ~ ~ ~ ~" , i.1 J ~ ~ ~ ~ rP ~~ ~ ~ ~ I id / 4~ y F ~ ~ k q ~4 ~~ ~ ~ ~ ~"' W ~ ~ (~ ' ~ ~ ~~~ ~ N r w ~~ V1 L J 1 ~ ~ ~ ~ ~ A /~ (g~ ~~ /j ~c/ n Q \ ~ ~' ,A ~ `~ ~ ~ `~`V ~~, ~" ` ti1~jJ~ ~~ ~'wJ \ ~ ~ ~ 1~ ~ .~ Lam. ~ ~( `w ~ ~ ~ ~ ° ~ ~ ~ ~ ~ ~ ~ ~` ~x~,o~ ~ ~ ~ a ~ ~ n,yp ~ Ef :IY Id9 ~ ~ a ~ ~ A , ~ , fps /~~y 4i Y/~ ~oe L~ f ~ ~~~ ~~ ~ . C ~ ~ ~ te I' J ~ ~ ~ ^ 4 ~ ~ ~ /~~J,, p6~~ I~9= /may r~ ~ X01 ` `I ~• ~ ~~ ~~ ~~ ® Q~ dd~r ~Jd I~ kk ~ ~ a.~.~ ~ ~ ~ , ! ~ w~i/1y] w/ ~ ~ N ~ AA 1 ~ ~ Q w ~ ~~ ~ ~ ~ ~ W ~ ~ ~' ~ i firn ~" N A ~ - ; ~ ~" e ~ { ~ 1 a a 100 X00 400 ~~ ~ ~ t ~ ~ SALE: ~ ,-=- ~flo' m ~'d0}s6~'~ ~~ ~I,~~ F~ ~~,ooN [/tea] • '•° 'a.,. ~,~,~ ':..~~1~ '~. 5~ 1_r:`, I~r.',5~..~Z~~.~Z ~~~~ r~`~t.~~~ DEVEI.QPIIVC INPIC~VaTIV~ D~~t~CP1 s~Ll~T1i~N8 ~,~.~~.~1~~~.~, 1Nr-~(.)~~.i1~~I1'~rr~.rC~~ 5~o Secand Streak Sket 2Q0 Tel a1a,2fl~3.24C?~ Oekl~nd, ~A. F~4~9a Fax S~a,~~S.24~"i I f 1 u Coast Guard Field (Portion of Parcel 1A - Approx. 8 acres @ NAS) ~~~a~hment C February b, 200 A~tachm~n~ ~ f i ~' i ~' ~ TA~~ .t .. S _~ 1~ r -t _ ~ (?~ ~i`ti~ ~jan~e~~c Eas~~c~~ I:~ec~;rr~l~eE~ `~D, ~~08 M~yc~r 13~~vcr~y Jc~hnsvr~~ N~e-r~hcrs a{~~he ~I(~mr-:c~~ Cify ~oG,r}cill Al~rr~~~ f~e:use ~rr~} (~~c~ev~lol~mer~t Aiat~~arity [.ette~ o~l~lte~~t: ~~he Alar~l~~d~ ~~st~~y N1ir~c~e ~.ea~c.€e P~r(~ ire e~~fy Novem~~r ~ su~rrfitte~ ~ Prapos~l to ~cail~# the ~lam~~a C~s~f3~~i ~ir~c~c~_~.~~_~~~~_~?~rl~ ~~ the ~~~~~r1~~c~r1~c~ f~s~t~.aary P~~~ vr7 the Farmer C:c~1st C~a~~rc~ I-~az~sir~c~ ~c:ility. A~tc~r rr~e~~tin~ with ~1r. ~i•~r~~~, I'rrr ~~ow rrr~~€r~y r~ur rec~~~est c~F~ri~~l wit~~ this setter aFEr~t~nt. The Al~r~~e~~a ~~s~tf3~y Mir~c:~e ~ e~yc.~e is r~c~ue5ting that the ~it~r c~~Alf~rr~c~~~ ccansic~er tl~c~ ~:stc~~ry ~~rk ~s ~ pc~s5if~l~ Site For the Al~r~e~~ ~~s~tl~~~/ N1ir~cl~ i_e~g~€~: [~~seh~ll C.c~rr~~lc~x ~r~~~ ~~ r (C, Ir} ~c~~itiar7, the Alame~~a f~~st(~~y ~~ir~c:le ~.e~a~Crt' is ~~skirlc~ For ~~ r-€c~rl~irl~ir7~ ~atr-~trt~'nt Frc~rn the Ci~i:y a~Af~E~7~c~~ that tl~e pity sc~p~or~s Al~r~~e~~~ i::~5tf~~y Mir~c:le i..e~~c~e ~n~ si~~~ort~ ~c~llS~ruC~iC~n ~Fth~ Mir~c:le i_e~~c~e i~~rf~ ~~ ~st~€~ry ~~rk. A ~(e~r st~~er~~-e~1t oFcc~rr~rnitrr~cn~t will ~ssi~~ o~ir r~ar1~-pia{t iti F~tc~rci ~r.~nG~ r~isir~c~. ~ir~c(e~ ~'i~l~l~en, ~ ~ ~ ~ '2 Eta er("~ ~c~clCw E, I~res rent A ~ mere ~~st ,~y ~1ir~ cle f..e~gc~e cc~~y: ~~~fi~~ ~r~r~~ft, Asst City N~~~1~~er `~"~ ~,.~ ~al~ l~ill~r~~, ~irccfa~ I~ecre~tior~ ~~ ~~~r{~s ~~~~a~rtmec~t Ala€x~cc~a ~;a~r~3~y I~ti€~~~:~~ L~.x~~t~ 1:~2~ ~ih~~r€~~~~€~ `iC~~~c~, ~1~€€~~~~~[~i C~A 9~SO i ~ ~ i.~~~~ i •x).37 I ~ ww~tF.,~~~~x~~~Ll€t~yi:~i~~iri~cl~,c~€' ~t~a~ht~~r~~ ~,~ "~'rr~J~~c~ i,~ pro ~~ran~~r l~ ~c~seb~ll• f~f° ~lr•~~c~~ir~trr~trl.rr~~, It ia~~ r~tt3, j~at~a~rcc! p~r~s~tirt~~.> u~cl ~' ~~ctr~fa•~c~r~ rill, ~~ ~.r~~z~ ~ac~tri~ `~~~ ~~o ~~a1 The ~iarneda ~as~Ba~r Miracle Leaa.ze ~~~~~~~L} is st~bmx~~zn~ a propc~sai tc~ b~~i~d the ~gia.~~eda l~as~~a~r ~i~iracle Lca~ue parr at the existing E~tL~ar~ pa~°l~ on the fa~•me~~ ~oas~ ~rL1c~,rd ~'~oUS~IrI~ ~1~.~. The ,~ia~neda ~ast~ay Miracle League is a ~~on-pro~~~ arganiza~ic~~, vri~h the mission ~o provide the oppo~°L~ni~j for dif~erentiy_ablc~l chxidr~,n. and ~o~n~ ad~i~s tc~ pl~~ baseball on ~z i~clc~ teat is designed nor their acc~:ss and s~xccess. fur d~earn. ~~ ~c~ b~.~ild the ~~•~~ Miracle Le~g~e ~~cld in ~~Iortiher~ California a.nd expand that ixeld to F• inciud° a ~bo~.ndless pla~grc~~and', snacl~ bar, picnic arc~a~ ~~d parking. . To bring thin p~r~ ~o frt~%'~ion, The ~.larneda ~,ast~~~ liracie ~,eague vsrili need to see~.re lard in.cludin.g the existing baseball f~eid at. ~~~uar~ par k anal. a.11 the available p~oper~~ south of t~~a.t held. T"~~ ~~~~1~af~ ~~~I~ ~r~d Pars ~onstructian of the baseball. field ~vo~ald include s~rf~.c:ir~g the exi.stir~g field bed. ~itl•~ a foundation material and covering i~ ~~i~~ a ru~bberi~cdr all-~rc~ather, love m.ain~e~ar~ce ma~eriai that gill allo~r easy access for pla.~e~•s v+~ith n~.obilit~~ iss~t~e g. This f~.eld cc~n4,tr~~ction mould include accessible dug c~~uts a~.d bleacl~e~• sea.tzng as Drell ~.s a baci~stop an~cl ou~ield fence. ~~. addi~.an t~~ the ball f"icld ~c plan ~o h~ilc,~ a "boundless pla~bround~ accessible to all children. The ~,xisting c~utbvildizzg can the pr~~pert~r ~raould be razed and r:~pla,cc~d with a prefab buildin.~ ho~:si~a a concession stat~.d anc~ a.ccessiblc restraorns, ~~ith an ad~aining picnic area. chile the ~iliracle Lease baseball field is smaller than a t~pieal field, vac hope zt is a baseball f~~.Id that. i~ in coo.stan~ aperatiora, ~ear~ra~nd~ Tb.is includes ~aeing used by Tomball teams, ~peciai Jl~mpi.c~s, ~rheel chair soccer and adult Leagues. ~o~~ anc~ ~~~~ra~s~c~ ~3ased on other Miracle League ~:onstructxoz~. casts, ~e esta.zna.~:e the; oast for building the field, restrooms, concession nand, and picnio area to be approxin~.ately ~7 i~,1~~~.t)~. '~Ie have rece;n~ly started applying far financial assistance ~rarri local grants and foundaf:ia~s. ~T~hile ~~re have a ~.a~ar con~.mit~nent ~ro~. ~atell7as, as Drell as funding frame the ~~al~land ~th~e~~cs, aggressi~re fund raisi~.b ~~11 cornr~cnce onto ~r~a s~;c~~~r~; a site. If ire ~verc to have the c~n~itle~nent of the proper ~aefc~~~e ~c ~rea~r's end we k~elieve ~~e could have~e I"~eld ca~-npleted in spring of ~a~~. .~~ta~~men~ ~tl2 Pa.~e ~ prapasal ~.la~neda ~as~Ba~r Miracle l~ea~~e dark ~~~~~~~~ ~~ o~~~ The AEB~L has completed ttivo dears of communi~~r awareness. ~I~~ have built p~~r~nerships ~vi~.h the Alarr~eda ~o~ar~r flub, the ~iwanis ~luh, and tl~.e ~a~ellus J~rala~is ~ampan~. ~e have received the ~;ndarsen~.en~: a~ the Alarr?eda ~ecreatiox~ anal darks ~omr~,isszan, the Alameda Schor~l Baard, the ~o~~' ~arnmissita~~., and Alaz~?eda's ~ommissian an Bisa~llit~r lss-ues~ ~r'e have recei~red the suppcart a~ the plannir~~ Board, the ~;i~f Cau~.cal, lea fur Johnson., Assem.hl~ran~.a.n ~T ilia khan, and Alameda CoL~nty ~Ltpervisar Alice 1_,ci Bitk~;r, ~'~~ ~e~sa r~ In Alameda ala:~e, mere are ~~~ ~oL~~h v~it:h ph~rsical an.cl. develapn~.en~al c;halierz~es s~~~-~~~.~;ant enaugh tca preclude; them. from access~n~ oL~r fields, pare, anal/ar our local teams, An e~arnpie is, l~lchalas ~irxi~san, an Ala~~~;da 5tr~ grader ~vho has the spirit nl' a ~.r~:~e a_thle~e despite hcin~ ha~r~ ~ri~h Genetic dxsc3rd~lr a~~ectin.~, am.on~ a~her thin.~s, his vision anal hearing. lie Laves ~asetoall, hape~ ~a pl~~ ~~r ~e ~' ian~s, ~nc~ shc~uid be an inspira~iQn and a remainder to ail al' us~ In parershi ~~~ith the ~;it~~ al` Alarn.eda eve can. make a di~~erence ire Nicholas's lire, and in e eves a~ speczai children like hirn. Letjs work as a eeamr~~.r~i.~~ to ~~ake ce~:ain all children have the chance to plays ~espect~ully ~ubmit~ed, .~ l~ober a B, ~ ck~ell President Alarr~ da Bas~Ba~ ~ ~cle l~eauc r r ~ } r~ f Nicholas Simpson, ~3aseh Il Player ~ A~~a~hmen~ ~ _~. _...____w.__~.~.,_.~._.~.._._..~..~._~..__ ~. _._____._._~_.__~._._....~.__.~ ,_.....~..._.__~__w..~...__._.~._~ __ ~ ~ .-~ ~ ~ ~ S 4}~Nd'~3 s .: 5 .~ ~r~~r.~fT F S~ , ~i , r, i ~'s .'. a_ tY ~ r ,5i ~nyM~f ~ ~ ~ T ~ F ~ ~ ~~ 3 ,', ~ . , ~ ~ 4 ' _ I . S ~ ` ~ y J~r ~ 1 ~ ~ 1 .~' k ~' F [~ ~ ! 7_ ,x74 ~ Y 1'. ~ 1.~S~b~ .3 ~ ~ eS:.'1% x ~r~ ~7G ~ j ~' ~ Y hW! ~ f ~'. ~ ~~ 1 ~1 i . } ~ 1 r z`~'~ u.: Jf 1 r ~y ,~ _ j 7 ? ~ d' ~` h' ~ ~_ , ~~ ,E ~ ~.' , r i i k F: ~ ~; ~.~ ~- i 4A 7 i jj{{ikik .~ 11I ~ .!. R ~ ~ h, ~~ ~~ ~~ ~ ~ ~ rr ; ~ ~ . ~~5 r , ~~ ~ • t7 t,. 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C~J ~ , «. i % ~ f ~i ~ ~ r ,If• ~ ~ ~ 1 „. r t(fI ~ ~ ~ r~ F ~ m A t .: fi ~ ~ "J i yu f ; I anirv :ixr~:~I ~ ~ ! ~ . v I ~ tl ' ~ ~ N ~, ` V f ~ +~ ~ ~~ U , ~ t~~ j r ~ ~ ~ rp E •~ ~ ~.~ i ' ~ ` ~ . ~ y,, Cr i f f ~ i ~ r` ~, ~- ~ ~' Y . ~ Ffr ~ ( ~ i ~ ~ ~ 1 k ~ 1 Y lJ \ ~ . ~ ~ r t ~ ~ • r f ` ~ Q . lT1 f 1~ r ..~ f ~ ~ w , 1 (~ ~ m d} j~ rr /~ fr ~ r i 1 ~ ~ ' r I ! ~ ~ ~ 4 • r,~ ~ ~ ! ~` r ~ ~ l ~ u7 ~ ~ u7 W u~Y ~ ri `ter tp j / f rr (f ti ~. ~ ~ 1 tt ! / ~f f ''y ~~~ I, ~ / ~ ~ ~ ,~ ~ ~ f ss \_. _ Y 1 ~ `~ r ti I- ~,~ 'w ~ r_x ~^ ~a _. r ~ ~ r~ ~a w~ m ~ c ~ a ~ r~ n (y) L LL G UI ~~ L.i r , r ~~ f.~S" STANDARD &POOItS ,~LInC ~ ~, ~~~~~ Alaxrreda Public Fintlncing Authority clo City of ~.latneda ~~63 Santa Clara Avent7e ~oozn Z2~ .A~ameda, LA ~~SO ~ Attention: M.s~ ~uc;1le~Ann ~3oyer, l~`inancial (~f'frcer ~l1A r~'IaTic~i 5leuart ~'avr~r,15ih F1aar 5a~ Francisco, CA 44i09•it)fap fel 445 37i•~04 refaranc~ no,. 40~20~~d l~,e: Adarr~~r~rrj ~Ya~~o~~rtra, Ce~tif crrtes of ~`'c~rric~r'pafir~n Burros City .~'trl! ~te~naricing~ Series ~0l~I and ~00.~ Dear 1l~~. foyer: Standard ~ l'eer's leas reviewed the rati~~g orl the abovewreferezrcecl abli~;ations. ,After sti.ch rt~vxew, we lave changrrl the rating tc~ "AA-" i:rom "A_+-" while ~f r~~ning the stable outlook. A copy al'thc~ rationale; supporting the rating and o~rtlocrk i.5 enclosed, The rating is not investment, firiaricial, ar other advice and you should not and ~;ari~~nt rely upon the rating as such. The rating is ba,~ed ort informatiai~ supplied. to Lis by ynu or by ya~~r agents but deice riot represent an audit, we undertake no duty of clue dili~enee or independent verif e:ation of any information. Thy: assignment of a rating does not create a fiduciary relationship 17eh~veen us and you or laetwecn us and other recipients o~'the rating, ~Ue have not c~onsenter~ to and will riot canserit to being named an "expert" under the applicable securities laws, including without limltatian, section 7 of the Securities Act of 1 X33. '1'he rating is riot a "market rating" nor is it a recc~n~iendation to buy, hold, or sell the obligations. This letter constitutes 5tand~ud & ~'c~or's perimi~sion to you to disseminate the above-assigned rating tt~ intc;rested parties. 5tanelarcl & Poar~'s reserves the right to inform. its awn clients, subscribers, and the public of die rating. Standard & 1'ooi~'s relics on tl~e issuerlobligor and its counsel, accountants, and other exports fcir the ac;c~iracy and completeness of tl~e infoz~mat'ron submitted in connection with tlxe rating. To maintain the rating, Standard ~ roar's must receive all relevant financial information as soon as such info~inatiari is available. Placing us on a distribution list far this inlc~rrriation would facilitate the process. tau must promptly notify us of all material changes in the rnancial information and the documents. Standard & 1'oar's may change, suspend, withdraw, or place on CreditULtatcla the rating as a result of changes ire, or unav~Eilahility of, such in.l~ortnation, Standard ~~ Pnor's reserves the right to request additional inform{ttion i:~necessary to maintain the rating, ~rt~a~hr~~n~ H.1 r / Ms. Juell~;-Artn Bc~ ter ~ Y ;~ 1'a~e 2 ~unc ~ I, 20~~ f E Please send all. ini'c~rmatian ta; E Sfa~xdard ~ i'aar's P.atings Serviees Public Fi1~an.ce l~epa~•tment SS Water Street New 'ark, NX l ~~~ 1 ~~~~3 ~ ~~" vu have ~~y uestions, ar i#' we can be of help in any other way, please feel Cree to call car Y ~ c,ontac;t us at n uhlic~tnance u standardand aors,cort~, ror maze i~azmalion an Standard & Poc~r's, please visit our website at www.standardand oors,com., W~ appxeciate the opportu~uty to work with you and we lack ~'arward to working with you again, 1 F tSincerely yours, Standard & Poar's Ratings Services ~~ rlivisic~~ off' Tl~e M.cC~r~wM~~izil Companies, Inc, ~~ encic~sure At~a~hm~nt ! ~ ~ ~ ~ ~ ~ ~~ ` ~ ~ ~ ,~ 0 ~ C _ ~ ~ 0 ~ a '~, ~ ~ ~ ~ ~ ~~~ ~ ~. ' tax ~~m a ..~. .,... .lar t7 .C p C ~ ~ ~ 4~ va , 0 l~ s ~ ~ ~ ~ ~ ~ ~ 0 µ- ~} ~ ~ ~~ (~ ~ ~. Lt" ~ 11 ~ ll.. Q U ~~ ~ ~_ ~ ~. a~ 'w- ~S 0 o ~ ~ ~ ~ ~ ~ ~ ~. ~a~ ~~~ ~a ~~~~ ~acn~~a ~.~,c o mu1 ~c~~ o~ x atQ~ is ~v~ ~,Y~~~~ mdUJUQU© n~ W c 7 q d .. ~~ ~~~ ~ro~'~ C w p' m ~~~~o 'q ` C ~ a-' ~~ Q ~. ~ C ~ (~ ~? C1 CO ,(J d~ ~ ~1. ~ ~ ~ f3 CL ai {TJ fr ~ ~ ~- '- U U ~l1 +"~ L ~ ~ ro ~ ~ ~ ~. ~. a ~~~ ~ ~~ (U ..! x CL !].. ~ ca U~- ~c c ~ c o a~ m ~ ~ r~ ~ZEL aaa ~~~ G „~ O W ~a ?~ ~ o.~ r, ~ ~~~~~~ ~~ ~ ~ `'cn ~~~~'~r ~a~rna~a ~ L~dw~~ ~~~~ r~. Q'~c~ma~~ Q U] f~ Ls.. U) Q u~ ,, C ~ j~ E ,.- ~ a U n.aQmr~Q n ~~~~~~~~ ~~'~~-~c~~-o ro ~d~Qwutt,~° a~ m~ roams ~.~~ rn ca a ~, ~ 0. ~ ~ ~} ~ U) ~~~~=a w~~a~ roU~ ~~ 'c~~~oa ~~~~~ w t ~~ -.~ ~ ~ G ~~ ffy w ~x rr ~ ~ .~G ~ C71 QI d ~ '~ U ~~~,r~ ~~~~.r ~ ~W~ ~ E a o ra ~ {~ 4 ~ w.. U? ~ ~ ~ ~ ~ ~ ~ ~ N v~ ~~ C~ U ~ ~ ~ ~ Gl,. ^ C1. !Jy I tr7 ~~.~ m x ~. 0 ~ ~ ~~ ~ ~' ~ ~ ~~ w ~ ~ ~~c ~ ~~ ~ ~ c~m~m~c~ cU c ,... ~ .~ F- ~~r ~~ in~,~wU~ ~, ~,~ ~ ~~ cnt~d~u~° fV r ro c 0 ALAMEDA REUSE AND REDEVELOPMENTAUTHORITY RESOLUTION NO, ~~, j .~ FINDING THAT ACQUISITION OF THE EIGHT-ACRE ESTUARY PARK, NORTH HOUSING PARCEL, FOR PUBLIC PARK AND RECREATION USES IS CONSISTENT ~~ ~ WITH THE NAS ALAMEDA REUSE PLAN AS AMENDED ~. ~ ~~ WHEREAS, in 1995 the Alameda Reuse and Redevelopment Authority ~"ARRA"} adopted the NAS Alameda Community Reuse Plan ~"Reuse Plan"} for the former Naval _ Air Station Alameda ~"Alameda Point"}, which was subsequently amended in 1997`; and WHEREAS in May 2440, the City of Alameda certified the Finn! Environmental Impact Report for the Reuse of Naval Air Station Alameda and the Fleet and industrial Supply Center, Alameda Annex and Facility State Clearinghouse No. 96422145} ~"Reuse Plan EIR"}; and WHEREAS, on November 5, 2447, the United States Department of the Navy ~"Navy"} declared surplus approximately 42 acres of property at Alameda Point 4the "North Housing Parcel"} that contains 282 units of housing and an eight-acre park and was formerly leased to the U,S, Coast Guard, but was vacated by the Coast Guard in 2445; and WHEREAS, the ARRA has conducted the required, federal Base Realignment and Closure screening process for the North Housing Parcel to identify unmet homeless assistance needs and Public Benefit Conveyances; and WHEREAS, as part of the screening process Notices of Interest ~"NOI"} were submitted to the ARRA and three of them were recommended for inclusion in the Reuse Plan for the North Housing Parcel; and WHEREAS, the three recommended proposals are permanent supportive housing for the homeless, self-help housing, and an eight-acre community park; and WHEREAS, the ARRA prepared an Addendum to the Reuse Plan EIR, which concludes that the proposed Reuse Plan Amendment would not trigger the need for subsequent or supplemental environmental review pursuant to Sections 15162 and 15163 of the California Environmental Quality Act ~"CEQA"} Guidelines, and Section 21155 of the Public Resources Cade; and WHEREAS, on March 4, 2449, following notice duly and regularly given as required by law, the ARRA held a public hearing on the Reuse Plan Amendment, and heard all interested persons expressing a desire to comment thereon or object thereto, expressing a desire to comment thereon or abject thereto, adopted the Addendum to the Reuse Pian EIR, and approved the Amendment to the NAS Alameda Community Reuse Plan ~ Main Street Neighborhoods Subarea. WHEREAS, the Reuse Plan Amendment identifies an eight-acre park and up to two acres of open space for a total of 10 acres; and WHEREAS, all of the uses shown in the Reuse Plan Amendment are consistent with the General Plan land use designation (Medium Density Residential) and zoning (R- 4, Neighborhood Residential) for the North Housing Parcel and do not exceed the intensity of uses analyzed in the Reuse Plan EIR for the Main Street Neighborhoods. NG~111, THEREFaRE BE IT RESGLVED, that the ARRA finds that acquisitian of the eight-acre Estuary Park, North Housing Parcel, is consistent with the NAS Alameda Reuse Pian as amended. ***~* I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Alameda Reuse and Redevelopment Authority in a Special Joint Meeting of the Alameda Reuse and Redevelopment Authority and the City Council on the 1 ~r"day of June, X009, by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIGNS: IN vv[TNESS, WHEREOF, l have hereunto set my hand and affixed the official seal of said Authority this 17t"day of June 2oo9a Irma Glidden, Secretary Alameda Reuse and Redevelopment Authority __ .~ Beverly Johnson, Chair Alameda Reuse and Redevelopment Authority CITY ®F AI~AMF~A Memorandum To: Honorable Mayor and Members of the City Council Honorable Chair and Members of the Community Improvement Commission Honorable Chair and Members ofthe Alameda Reuse and Redevelopment Authority From: Ann Marie Gallant Interim City Manager Date: June 16, 2009 Re: Adopt Resolutions Approving Interim Expenditures Prior to Adoption of the ~ eratin and Ca ital Bud et for FYOO-1a BACKGROUND Arfiicle XVII of the City Charter requires adoption of an annual budget. In order to have authorization for expenditure of funds until such adoption, it is necessary to have interim authorization of essential expenditures of the City, Community Improvement Commission, and Alameda Reuse and Redevelopment Authority Board. DI~CU~SICNIANAI~YSIS A final budget is scheduled to be presented far adoption at the August 3, 2000 point meeting of the City Council, Community Improvement Commission and Alameda Reuse and Redevelopment Authority Board.. Thy attached resolutions will authorize recurrent spending authorization for payroll, materials and supplies, continuation of capital improvement expendifiu~es, and debt service during this interim period. FINANCIAL. IMPACT The resolutions authorize payment of essential City obligations prior to adoption of the FYQ~~14 budget. RECOMMENDATION Adopt the resolutions approving interim expenditures. Respectfully submitted, ~_ Glen D ay Interim Finance director ~~I~RR~AICI A~~nd~ It~n~ #3-A- o~~~ ~-o~ CITY OF ALAMEDA RESOLUTION NO. APPROVING 1NTERll1~ EXPENDITURES PRIOR TC ADOPTION OF THE OPERATING AND CAPITAL IMPROVEMENT BUDGET FOR FY09-10 ~~ ; :. ~~~ ` UIIHEREAS, Article XVII of the City Charter requires that the City of -~ Alameda ado t an annual o eratin and ca ~tal im rovement bud et re resentin ~~ ~. ~ ~~. p p g p~ p g p 9 ~~~,.°~~ a financial Ian far allocatin Cit resources and conductin the affairs of the Cit p g y 9 y ,rF ~ ~ for each fiscal year, beginning July 1, 2009 and ending June 30, 2010; and ~~ .~ ~~. y, r. -.,F ~4~ ~ 1IIlHEREAS, there. will be submitted to the City Council, at a future meeting, ~, ~~ .4;~~ ~. but later than July 1, the Operating and Capital Improvement Budget for FY09-10, k ~~ and I' .~ 1lVI~EREAS, the proposed Operating and Capital Improvement Budget for FY09-10 requires certain expenditures prior to the adoption of the City of Alameda Operating and Capital Improvement Budget; NOW, TI~EREFORE, BE IT RESOLVED that the City Council of the City of Alameda hereby approves interim expenditures of the City of Alameda prior to the approval of the City of Alameda Operating and Capital Improvement Budget for FY09-10 at the expenditure levels authorized by the City Operating and Capital Improvement Budget far FY08-09 in order to allow payn7ent of routine expenditures including payroll and vendor expenses. ***~*~ 1, the undersigned, hereby cerkify 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 16~" day of June, 2009, by the following vote to wit; AYES: NOES: ABSENT; ABSTENTIONS: IN V11lTNESS, UVHEREOF, I have hereunto set my hand and affixed the official seal of said City this 17t" day of June, 2009. Lara Weisiger, City Clerk City of Alameda Resolutions #3~A 06~16~~9 Joint CC ARRA CIC Meeting ALAMEDA REUSEAND REDEVELOPMENT AUTHORITY RESOLUTION NO. APPROVING INTERIM EXPENDITURES PRIOR TO ADOPTION OF THE OPERATING AND CAPITAL IMPROVEMENT BUDGET FOR FY09-10 WHEREAS, Arfiicle XVII at the City Charter requires that the Alameda Reuse and Redevelopment Authority adapt an annual operating and capital improvement budget representing a financial plan far allocating Alameda Reuse and Redevelopment Authority resources and conducting the affairs ofthe Alameda Reuse and Redevelopment Authority for each fiscal year beginning Jul 1, ZOOS y and ending June 30, X010; and WHEREAS, there will be submitted to the Alameda Reuse and Redevelopment Authority, at a future meeting, later than July 1, the Operating and Capital Improvement Budget for FYO9-10; and WHEREAS, the proposed Operating and Capital Improvement Budget for FY09-10 requires certain expenditures prior to the adoption of the Alameda Reuse and Redevelopment Authority Operating and Capital Improvement Budget; NOW, THEREFORE, BE lT RESOLVED that the Alameda Reuse and Redevelopment Authority hereby approves interim expenditures of the Alameda Reuse and Redevelopment Authority prior to the approval of the Operating and Capital Improvement Budget far FY09-10 at the levels set by the City Operating and Capital Improvement Budget far FY08-09 in order to allow payment of routine expenditures including payroll and vendor expenses, ~~***~~ 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 16t~ day of June, 2009, by the following vote to wit; AYES; NOES: ABSENT; ABSTENTIONS: IN vllITNESS, 111CHEREOF, I have hereunto set my hand and affixed the official seal of said City this ~7~~ day of June, 2009, Irma Frankel, Secretary Alameda Reuse and Redevelopment Authority Beverly Johnson, Chair Alameda Reuse and Redevelopment Authority COMMUNITY IMPROVEMENT COMMISSION OF THE CITY OF ALAMEDA RESOLUTION NO, APPROVING INTERIM EXPENDITURES PRIOR TO ADOPTION OF THE OPERATING AND CAPITAL IMPROVEMENT BUDGET FOR FYO9-10 VtIHEREAS, Article XVII of the City Charter requires that the Community Improvement Commission of the City of Alameda adopt an annual operating and capital improvement budget representing a financial plan for allocating Community Improvement Commission resources and conducting the affairs of the Community Improvement Commission for each fiscal year beginning July 1, 2009 and ending June 30, 2010; and WHEREAS, there will be submitted to the Community Improvement Commission, at a future meeting, but later than July 1, the Operating and Capital Improvement Budget for FYO9-10; and WHEREAS, the proposed Operating and Capital Improvement Budget for FYO9-1o requires certain expenditures prior to the adoption of the Community Improvement Commission Operating and Capital Improvement Budget; NOVA, THEREFORE, BE IT RESOLVED that the Community Improvement Commission of the City of Alameda hereby approves interim expenditures of the Community Improvement Commission prior to the approval of the Community Improvement Commission Operating and Capital Improvement Budget for FYO9- 1 o at the expenditure levels authorized by the City Operating anal Capital Improvement Budget for FYO8-o9 in order to allow payment of routine expenditures including payroll and vendor expenses. *~~~~** 1, 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 16~~ day of June, 2009, by the followin vote to g wit: AYES: NOES: ASSENT: ABSTENTIONS: IN WITNESS, WHEREOF', I have hereunto set nay hand and affixed the official seal of said City this 17t~ day of June, 2009 ---_-- Lara Weisiger, Secretary Community improvement Commission Beverly Johnson, Chair Community Improvement Commission 2'roclamation ~1~R~~S, it has become traditional f or communities across An~.erica to reco ize their lesbian, gay, bisexual and transgender LGBT} residents dur~lg the n~.onth of f une; and ~U~~'R~~45, Alameda is home to a large number. of LGBT individuals, couples, and their families; and ~~~R~~S, LGBT eo le, as the ~aiz~bow fly s n7.bolizes corr~e from ever row p p ~ ~' Y g ~~ religion, e~hnzcity, professionj~ab, a~ility]disability, size and shape; and U1~~R~~LS, members of the ~A~~~da a and lesbian co~.~i have alwa s ~- and ~ Y tY Y continue to - dedi~a~e their `~.ves to our caur~try ~ every capacity, includin g the rri~itary ~~ ~n~litary reserves, ~. des ~~ pease aid war; and tiV~~R~~IS, LGBT' residents contribute t~ ,A~~n~eda ~~ ho~eow~ers fax a ers business pY o~ne~s, employees, aid prov~de~s of critical p~o~essianal services; and ~V~~R~~S, LGBT resi~.e~ts ha~re e~iched the diverse conlrnun~ of Alameda throw h ~ g their pa~~ici~a~.on ~n city ~ver~~n~e~t; the arts, tell ions ~:nstitutions, and .: g . can~.~nu.nity ora~izations; and 1~1~~R~~tS, LGBT residents have 'Dined to ether with ~ornmun members at lar e in ~ ~ tY g working tirelessly ~o s~.pport the A~arneda Unified School District to ensure a saf e and productive learning environrner~t f or all children; and 1~1~~R~~4S, Alameda's LGBT residents, the~ar friends and their families believe that all children and youth deserve to be protected from bullying and harassment, be it from gender, sexual orientation, or from ethnicity, size, race, ability~disability, or any other characteristic of appearance; and 1W~~~Z~~4S, the City of Alameda has stood firmly behind efforts of the LGBT community at large to achieve equal treatment under the law. NOW, T~~R~~OR~" B~" IT R~SOLVfD, that I, Beverly J. Johnson, do hereby proclaim the month of June as ~~Br ~rra~M~,, in appreciation of the contributions of the LGBT community and its successful quest for equal rights, c~~y ~~~~~ir Ag~nd~ I~~r~ #~~rA- eve . ~o son a A~~~ ~~fl9 yor ~ C k~ e'^~ t~ ~ , mar "" r ir'~'« a~ erg Ms~~ ,,,~~~`**~~~~--- ..._ a x, r r~ 4 d' r .. ~~ qy kG16} JL~~Wakk~ "i / Ariii~ ~ ~~~ ~~~ ~f ~f~~ ~M~ R~ L ~.. .. ~. r`rn 6 ;~ ~n ~`a`.~e5K.7? Y... ` a~l..;1,.~ "~ n ~~µ .. '..~' sr:. .. ..t .r,. ~ *,,M Proclamation ~~~R~~[S, RELAY FOR LfFE is a lif e-changin event that unites more than 3.5 g rr~illian people every year to celebrate the lives of these wha have battled cancer; and W~~~~~~, RELAY FOP LfFE empowers those touched b cancer to fi ht back, Y g and to work to f find a cure f or the disease; and ~U~R~~4~, ur le i~ the si nat~.re color of the American Cancer Socie ' p p tY s RELAY FOR Lf FE events, si nif in the assion that cancer Y g p survivors, their families, and loved ones have far the eradication of this disease; aid W~~~~~45, the R~LA~' FAR L~fFE event ~inancia~l b'ene~its the American Canc r Y e Society's research and atien~ su ort ro rams, and educational) p . pp p ~ Y benefits our residents; and tiU'~~~~~tS, :RELAY FOP FIFE hel s to fund more than 100 million in cancer p ~ related res~arcll each year; and 1~1~~~~5, Burin `the ast ~5 ears more than 4 4Da communities in the Uni g p Y ~ tes States and seven foreign countries have artici atcd in RELAY FOP p p LfFE; end w~~R~~S, the American Cancer Soce has worked unceasin 1 to inform and ~' g Y educate the pubic conce~nng this disease, and has contributed greatly to the continuous battle a ainst one of socie 's rime g tY p destroyers; and ~R1~~~~~S, Alameda was the (first city in the Bay Area to host a RELAY FOR LfFE event in the Bay Area, and the year 2009 marks Alameda's 15t~~ anniversary of its support for the RELAY FOR LfFE. NOW, 1~~R~~OR~ B~ IT R£SOLV~'L~, that I, Beverly J. Johnson, Mayor of the City of Alameda, do hereby proclaim Saturday, June 27, 2009 as "RELt1Y FOR LI~'E'DAY" in the City of Alameda and urge cancer. silents of the community to join in the fight against . Bever) ~. so pity ~®~un~~~ Mayor ,~g~nd~ ~te~ #3- a~~~6~0~ D UNAPPROVED MINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY - - - JUNE 2, 2009 - - - G;30 P.M. Mayor Johnson convened the Special Meeting at 6:40 p.m. ROLL CALL, - Present: Councilmembers deHaan, Gilmore, Matarrese, Tam, and Mayor Johnson - 5. Absent; None. The Special Meeting was adjourned to Closed Session to consider: X09- } Conference with Legal Counsel ~- Existing Litigation X54955.9}; Name of Case; ottaviano v, City of Alameda. X09- } Conference with Legal Counsel - Anticipated Litigation; Significant exposure to litigation pursuant to subdiva.sion fib} of Section 54955.9; Number of cases; one. Following the Closed Session, the Special Meeting was reconvened and Mayor Johnson announced that regarding Existing Litigation, Council received a briefing from Legal Counsel and provided litigation direction; regarding Anticipated Litigation, Council received a briefing from Legal Counsel and provided direction. Adjournment There being no further business, Mayor Johnson adjourned the Special Meeting at 7:40 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. special Meeting Alameda City Council June ~, 2009 u~APP~.ovE~ MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- JUNE 2, 2009-- -7:30 P.M. Mayor Johnson convened the Regular Meeting at 8:05 p.m, Councilmember Tam led the Pledge of Allegiance. ROLL- CALL - Present: Councilmemers deHaan, Gilmore, Matarrese, ~~ Tam, and Mayor Johnson _ 5. Absent: None. AGENDA CHANGES None. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS None. .CONSENT CALENDAR Mayor Johnson announced that the Resolution Opposing Fiscally Irresponsible State Takeaways paragraph no. 09-- ~ was removed from the Consent Calendar for discussion. Vice Mayor deHaan moved approval of the remainder of the Consent Ca~.endar. Councilmember Matarrese 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 City Council Meeting Held on May 19, 2009. Approved. ~*09- } Ratified bills in the amount of $2, 031, 476.84 . ~*09- } Recommendation to Accept Phase II Infrastructure Improvements to the Intersection of Ralph Appezzato Memorial Parkway/Webster Street and Intersection Improvements at Mariner Square Drive/Constitution Way and Authorize the City Clerk to Record a Notice of Completion for the Improvements. Accepted. X09- } Resolution No. 14338, "opposing Fiscally Irresponsible State Takeaways of Local Revenues." Adopted. Councilmember Gilmore requested a briefing on the matter; stated Regular Meeting ~ A~.ameda City Counca.~. June 2, 2009 the public needs to know what the State's budget is doing to the City. The Interim City Manager stated the proposed resolution states that cities would experience financial hardships if the State proceeds with borrowing any money from local government; the proposed resolution expresses solidarity in opposing the State wanting to balance its budget and float more cash by borrowing from cities; the City has worked very hard and has made some difficult decisions to balance the budget; the City would lose $2.4 million in Fiscal Year 2009-2010; the City experienced a l0% reduction in force; one way to deal with the $2.4 million loss is to use cash reserves in the Equipment Replacement fund with the hope that the State would pay the money back in thirty-six months; the City would need to make changes if the State chooses to increase the amount. The Deputy City Manager stated the Governor had a briefing today with the Legislature; the State budget deficit is up to approximately $24 billion; the State a.s cutting $3.l billion for the current Fiscal Year and is proposing to cut approximately $20.845 billion for Fiscal Year 2409-2010; the loan would be a one- time take for Fiscal Year 20092010; nothing has been programmed in for Fiscal Year 2010-2011; under Proposition lA, the State is requ~.red to pay back the loan with interest with~.n three years; cuts are being proposed for Health and Welfare programs, InTHome Supportive Services, K-12 education, community colleges, and the UC system; prisoners may be released early if they are within six months to a year of the release date; approximately 5,000 State workers will be laid off; that she and Councilmembers Gilmore and Tam will be going to Sacrament tomorrow to plead the City's case. Vice Mayor deHaan requested an explanation of Proposition 1A. The Deputy City Manager stated Proposition 1A was passed by State voters in 2004 and allows the State to borrow from cities, counties, and special districts twice within a ten-year period; the State needs to pay back the first borrowing Wlth interest before borrowing the second time; the first borrowing was paid back early in order to have an opportunity to borrow again; there is some debate about whether redevelopment funds can be included; the California Redevelopment Association is in the process of fighting a legal battle with the State over the matter; the California Redevelopment Association won the first round and the State is appealing. Speaker: David Howard, Alameda. Councilmember Gilmore moved adoption of the resolution. Regular Meeting ~ A~.ameda Ca.~y Council. June 2p 20Q9 Councilmember Matarrese seconded the oration, which carried by unanimous voice vote - 5. ~*09- } Ordinance No. 2995, "Amending the Alameda Municipal Code by Adding section 30--0 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 ~X~ Development Regulations}." Finally passed. ~*09- } Public Hearing to Consider Resolution No. 14339, "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." Adopted. CITY MANAGER COMMUNICATIONS None. X09- } Presentation by Fiscal Sustainability Committee. The City Treasurer gave a Power Point introduced the Committee Members and gave a Power Point presentation. Councilmember Tam inquired what were the housing unit assumptions when the property transfer tax projections to the year 2020 were reviewed; stated several Alameda properties are in the redevelopment stage. The City Treasurer responded the Committee did not include any proposed developments; stated the Committee addressed what is known now. Councilmember Tam inquired whether the Francis Collins and Northern Waterfront projects were not included. Steve Sorenson, Committee Member, responded specific developments were not included; stated the Committee reviewed how the market was doing as far as value and decline in transactions during the last eight months; the Committee was a little more conservative than the original numbers; the recent actual numbers bumped the numbers up a little bit. Councilmember Tam inquired whether the Committee is relying an the churn of existing home inventory. Regular Meeting 3 A~.ameda City Council June 2, 2009 Mr. Sorensen responded there is nothing else to count on; stated the former Naval Air Station was treated fiscally neutral. The City Treasurer stated numbers can be updated; the Committee used third quarter numbers. Mayor Johnson inquired whether new numbers can be plugged into the model, to which Lorre Zuppan, Committee Member, responded in the affirmative. Mayor Johnson stated having a model that can be updated as situations change is great. The City Treasurer continued the presentation. Mayor Johnson inquired whether the other Post Employment Benefits ~oPEB} liability includes current employees who are vested or all current employees, to which the City Treasurer responded all current employees and retirees. The City Treasurer continued the presentation. Vice Mayor deHaan inquired what is the private sector burn rate. The City Treasurer responded the Committee did not get into comparisons; stated that he assumes private sector costs are lower. Vice Mayor deHaan stated the private sector has lessened the burden because different retirement systems have been adopted over the last ten to fifteen years, The City Treasurer continued the presentation. Mayor Johnson inquired whether the State is pre funding its oPEB liability. The City Treasurer responded the State's OPEB liability is over $1 billion and is not pre funded. Mayor Johnson stated the OPEB liability adds another layer of problems onto the State's budget. The City Treasurer stated Medicare is the biggest under funded medical program. Mayor Johnson stated the federal government can adjust Medicare benefits; the State will not have the option of adjusting benefits to meet revenues. Regular Meeting 4 Alameda City Council June ~, 2009 The City Treasurer continued with the presentation. Mayor Johnson requested clarification of the cash reserve amount. The Interim City Manager stated $6.~ million is real, unencumbered net money in the cash reserve., The City Treasurer continued the presentation. Councilmember Matarrese inquired whether the cash reserve includes the $ti.l million that the State Board of Equalisation says that the City owes back, to which the Interim City Manager responded in the negative. The City Treasurer stated the $1.1 million is reflected in the forecast but is not reflected in the cash balance. Councilmember Tam stated having a 25o reserve policy becomes less meaningful when the City has a 9p reserve; inquired whether the Committee recommended a reserve level. The City Treasurer responded the Committee did not poll reserve levels of other cities; stated the Interim City Manager has a wealth of experience in terms of good reserve levels; the City has a stable revenue base; revenues are not fluctuating as much as other cities; the 25% reserve level was determined in the past and can be adjusted; the amount should be particular to Alameda and should be much higher than the current level. Mayor Johnson stated there needs to be rules on how reserves are counted; a prior City Manager counted a 23a-25o reserve which accumulated through deferred maintenance and ended up costing more money in the end; deferring maintenance is no way to accumulate reserves. Vice Mayor deHaan stated the City had approximately $20 million in reserves between 2004 to 2005; reserves have been drawn down. Mayor Johnson stated deferred maintenance allowed for the accumulation of the $20 million. Councilmember Tam stated the $20 million was not really cash. Mayor Johnson stated much of the $20 million was a fake reserve; that she wants to have a real reserve, even if smaller. The City Treasurer continued with the presentation. Regular Meeting 5 Alameda City Co~zncil June 2, X009 In response to Vice Mayor deHaan's inquiry about vehicles, Ms. Zuppan, Committee Member, stated 173 vehicles and equipment are scheduled for replacement. The City Treasurer continued with the presentation. Councilmember Tam inquired whether the retrofit and maintenance required by the Americans with Disabilities Act plan was included, to which the City Treasurer and Ms. Zuppan responded in the affirmative. Mayor Johnson inquired whether computers are included, to which the City Treasurer responded computers are included in the Internal Service Fund. The City Treasurer continued the presentation. Mayor Johnson inquired what is the current amount of needed street and sidewalk maintenance. The Public Works Director responded the City's Pavement Management Index ~PM17 is approximately 6~; ideally, the Metropolitan Transportation Commission wants a P1~I of 70 or above; it would take $6 million per year for the next ten years to reach 7Q. Mayor Johnson inquired how much it would cost to remain at the current level, to which the Public Works Director responded $3 million per year. Vice May deHaan inquired how much is currently being spent, to which the Public Works Director responded $2 million, including ARRA funds. The City Treasurer continued the presentation. Mayor Johnson stated that she appreciates all the work done; the Council put the Committee together because of concerns about where the City is going; Council knew that business could not continue a:s usual; the Committee has exceeded expectations; that she looks forward to community outreach and hopes that the public participates; balance is needed in implementing choices. The City Treasurer stated the Committee endeavored to make the report simple and understandable; the first step is to identify the Issues. Vice Mayor deHaan stated that he and Councilmember Matarrese had Regular Meeting 6 Alameda City Council June 2, 2QQ9 the opportunity to review the model; thanked the Committee; stated the forecast is an important step and should have been presented five years ago; 45~ of City employees could be eligible for retirement; even if retirement benefits were changed today, it would still take twenty years to cover people under the current plan. The City Treasurer stated that all options need to be investigated. Councilmember Gilmore thanked the Committee for all the hard work; stated the Committee presented the City with a tool to educate the public and identify and gravel with the problem; that she spoke with an Oakland Councilmember who has no idea of their oPEB liability; identifying the problem is the first step; the City did not get into the problem overnight and will not get out overnight; the City needs to come up with a coherent, long range plan and have milestones along the way; everyone should have input; the community needs to make choices and trade offs, The City Treasurer stated discussions need to involve what residents want and what the City can afford. Mayor Johnson stated the City has not been living within its means for decades because of non-payr~ent of OPEB and deferred maintenance; choices need to be made now. Councilmember Gilmore stated the City has a structural deficit; if changes are not made, the structural deficit will still exist when the economy turns around; permanent changes need to be made; the State is a perfect example of a structural deficit . The City Treasurer stated sales tax revenue will go up when the economy improves, but people will get pay raises because inflation will be higher; expenses will go up; a change in the economy will make very little difference. Mayor Johnson stated people advocate different departments; people need to think about the situation as a whole and not just protect one service. The City Treasurer stated the public needs to think about the magnitude of cuts. Councilmember Matarrese stated that he is impressed with the Committee's expertise; thanked the Committee for finishing the task; stated having a tool for running different scenarios is very important; the choices are to make cuts or raise revenue; the City needs to change structurally; the Committee took the necessary time Regular Meeting 7 Alameda City Council June 2, 2009 to deliver the product; it is important to take the next step; he hopes that people attend the public forums. The City Treasurer stated the report is a dynamic document; revisions will continually be made. Councilmember Matarrese stated tonight's report is the first edition. The City Treasurer stated currently, the City has accurate information which will change within six months; the current version is available on the website. Councilmember Tam thanked the Committee for sharing their expertise; stated discussions will have broader public policy implications on land use; the public seeds to understand that the City cannot be a no growth City; costs still increase even if staff is not added; Alameda was the only city in the County that last l0a of its population since I997; the City is looking at ways to redevelop and stimulate the economy; community input is necessary in order not to be stuck in a zero sum paradigm. The City Treasurer stated hopefully people will understand the situation better and make smart decisions. Mayor Johnson presented certificates to the Committee members. REGULAR AGENDA ITEMS ~D9- } Public Hearing to Consider Collection of Delinquent Business License Fees Via the Property Tax Bills. The Interim Finance Director gave a brief presentation. Mayor Johnson stated the number of delinquent fees seem to be getting smaller every year. Councilmember Matarrese moved approval of the staff recommendation. Vice Mayor deHaan seconded the motion, which carried by unanimous VolCe Vote ~ 5. X09- } Recommendation to Authorize the Interim City Manager to Submit an Application for Energy Efficiency and Conservation Block Grant Funds. The Deputy City Manager gave a brief presentation. Regu~a~ Meeting S Alameda City Council June 2, 209 The Facilities and Maintenance Manager stated the City secured a silver LEED rating for the Library; the original Library design was to achieve basic certification; eighty-~ seven percent of projects registered with the Green Building Council never complete certification; a plaque ceremony well take place in September; that he invoiced StopWaste.org for $75,000 for the silver certification grant. Councilmember Gilmore stated the City secured a silver rating because the Facilities and Maintenance Manager spent his own time and energy pursuing the matter. vice Mayor deHaan inquired whether the City would receive any credit far solar panels, to which the Facilities and Maintenance Manager responded in the negative. The Deputy City Manager stated the Library is the first public LEER building in the City. Mayor Johnson inquired whether there is a cost saving calculation. The Facilities and Maintenance Manager responded the solar panel cost savings is $12,000 per year. Mayor Johnson stated StopWaste.org and the Association of Bay Area Governments ~ABAG} are looking to pool money to receive a larger grant; working with the organizations through in-kind services would be good. Cauncilmember Matarrese inquired whether the Webster Street SMART Corridor Project is being coordinated with oakland. The Public Works Director responded the oakland signal coordination is part of the project, which will also tie into 511.org. Councilmember Matarrese inquired whether StopWaste.org's leverage money would come back to the City as cash or redundant services, to which the Deputy City Manager responded the matter is to be determined. Councilmember Matarrese stated the City should offer in-kind services rather than cash. Councilmember Tam stated East Bay Municipal Utility District ~EBMUD7 offers residential water audits; right now the focus has been on multi-family housing because master meters cannot induce specific, individual conservation; claiming in-kind services that EBMUD already provides would be appropriate. Regular Meeting ~ Alameda City Counca.l June 2, 2009 Councilmember Matarrese moved approval of the staff recommendation. Councilmember Tam seconded the motion, which carried by unanimous voice vote ~ 5. ~*09- 7 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. Introduced. The Public Works Director gave a brief presentation. Councilmember Matarrese. stated that he would prefer putting the $50,000 [from the sale] into the Open Space Fund similar to the sale of the other parcel at the end of Maitland Avenue; the land is open space and Alameda Beltline litigation is still pending; that he is adverse to sale proceeds going into operational issues. Mayor ~ohnsan stated that she prefers to put proceeds in the Open Space Fund. The Interim City Manager stated depositing the funds in the Facility Maintenance Fund and Internal Service Fund was just a suggestion; that she did not want the money to be budgeted as a one-time revenue in the General Fund; inquired whether Council 'would like to develop a policy regarding sale of land. Mayor Johnson responded in the affirmative; stated especially if the land is undeveloped; inquired whether the process is similar to the sale at another Harbor Bay Parkway area. The Public Works Director responded in the affirmative; stated the Development Services Department handled the Gun Club property. Vice Mayor deHaan inquired how the City obtained the property. The Public Works Director responded the property was originally purchased from the Port of Oakland. Mayor Johnson inquired whether said property used to have golf holes. The Public Works Director responded the property was used for organic waste. Vice Mayor deHaan inquired what is the Port of Oakland planned use Regular Meeting ~ 0 Alameda City Council dune 2, zoos for the land. The Public Works Director responded the land would be used to construct a runway safety area. Vice Mayor deHaan inquired whether the City contemplated a use for the land. The Public Works Director responded in the negative; stated seventy-five percent of the land is restricted by the Federal Aviation Administration ~FAA7. Vice Mayor deHaan inquired whether a Park n' Ride has ever been considered for the area. The Public Works Director responded only twenty-five percent could be used for a Park n' Ride lot; the facility could not be lighted because of the proximity to the airport; headlights could not be used; the Port of Oakland was very dubious that the FAA would approve the use of a Park n' Ride lot, especially since the area would be needed for a safety landing zone; the Port of Oakland is only interested in purchasing the entire parcel; the usable area is on the lower portion; access would need to be via the Ron Cowan Parkway and would be difficult. Vice Mayor deHaan inquired whether alternative sites have been considered for a Park n' Ride. Mayor Johnson responded the area near the Grand Pavilion is never full. Vice Mayor deHaan stated past discussions involved joining in with the Business Park. The Public Works Director stated staff had several meetings and met with the Home Owner Associations regarding participating in the cost for a shuttle and there was no interest. Vice Mayor deHaan inquired whether Council would receive a final report on the matter; stated the developer made a commitment to start the dialog. Mayor Johnson stated the developer stated that the matter would be explored. The Public Works Director responded staff would provide a report; stated AC Transit cuts may include reductions at Harbor Bay. Regular Meeting ~ ~ Alameda City Council June 2, ~0~9 Mayor Johnson stated the ferry terminal parking lot is less full than two years ago. Councilmember Tam inquired what the City paid for the property. The Public Works Coordinator responded that she did not know; stated the land was purchased in the 195D's as part of a land swap when Harbor Bay was first being filled. Councilmember Tam stated that she would not want to be forced into a sale when market conditions are poor. The Public Works Coordinator stated the land is approximately $la per square foot and is comparable to remnant parcels that the City has been selling for the last three or four years. Councilmember Matarrese moved introduction of the ordinance with direction that proceeds be allocated to the Open Space Fund for purposes of purchasing open space in the future. Councilmember Tam seconded the motion. Under discussion, Vice Mayor deHaan inquired whether the land would be used for open space. The Public Works Director responded a roadway would be moved to the parameter and the rest of the area would provide the needed safety area. Vice Mayor deHaan stated previous discussions addressed more activity on the Ron Cowan Parkway side. The Public Works Director stated the City zs allowing the Port of Oakland to keep the northwest corner driveway open for a year in order to regrade the area; then the driveway would be closed; reopening the driveway would require a traffic study. On the call for the question, the motion carried by unanimous voice vote - 5. ~D9- } Introduction of Ordinance Amending the Alameda Municipal Code by Deleting Chapter xx Flood Damage Prevention} and Adding a New Chapter ~~ Flood Plain Management} to Meet the Requirements of the Federal Emergency Management Agency ~FEMA} Flood Insurance Program and Approve Updated Flood Insurance Rate Maps. Introduced. The Public Works Director gave a brief presentation. Regular Meeting ~ 2 Alameda City Council June 2, ~OQ9 Mayor ~Tohnson inquired whether the area could be changed, to which the Public Works Director responded that he would not anticipate any changes. The Public Works Director reviewed the map at the request of the Mayor. Mayor Johnson inquired whether homeowners are aware that they are within the floodplain area and are eligible to buy insurance through the federal government. The Public Works Director responded the issue is disclosed when purchasing a home; homeowners cannot close without ev~.dence of Insurance. Councilmember. Tam inquired whether the City has flood insurance since the City owns most of the Golf Course; to which the Public Works Director responded the City is self insured. Vice Mayor deHaan inquired whether Alameda Point was reviewed. The Public Works Director responded Alameda Point is not mapped; stated federal properties are not mapped by the Federal Emergency Management Agency ~FEMA} ; the City is required to do a Letter of Map Amendment before development. Vice Mayor deHaan stated various studies have been performed on the Fleet Industrial Supply Center FISC} and Alameda Point property; inquired why studies were not included. The Public Works Director responded map amendments are typically paid for by the developer. Vice Mayor deHaan stated extensive studies have been performed and there are concerning factors with developing Alameda Point; the FISC property would have the same impact. The Public Works Director reviewed the FISC map. Vice Mayor deHaan stated. that he was not aware that the FISC property is in a flood zone, The Assistant City Manager stated the property ~rould need to be mitigated out of the flood zone as part of the development. The Public Works Director stated the identified areas have been in the floodplain for years. Regular Meeting ~ ~ Alameda City Council June 2, 2009 Vice Mayor deHaan inquired whether plans include remediating the FISC floodplain area. The Assistant City Manager responded drainage improvements would take the property out of the floodplain area. The Public Works Director stated various options include filling in the area and elevating the area above the base flood elevation; building is allowed in the floodway but there are specific construction requirements to ensure that the lowest, finished floor is above the base flood elevation, Vice Mayor deHaan stated retail could be within the floodplain at the FISC property. The Assistant City Manager stated linear strips between the warehouses are in the floodplain. Councilmember Tam moved introduction of the ordinance. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. X09- ~ Receive a Report on Sunshine Community Task Force n~~~rrd~. The Deputy City Manager gave a brief presentation. Councilmember Tam stated that she appreciates staff's efforts in expediently moving forward on the matter; that she did not intend to limit herself to the five issues articulated in the staff report; the community should be engaged in public access discussions; currently, there are practical pressures on staff; that she does not intend to create a burden on staff; suggested involving one of the good government advocacy groups, such as the League of Woman Voters, to help facilitate the dialogue; that her tendency is not to support the staff recommendation and to postpone the formation of a Sunshine Community Task Force toward the beginning of next year so that issues raised by the Fiscal Sustainability Committee and budget situation can be addressed. Vice Mayor deHaan inquired whether campaign reform discussions would be appropriate at this time; stated mast pities have implemented guidelines on limits for individuals, political committees, and in-kind contributions; the matter could be parallel to Santa Ana's Code of Ethics and Conduct. Councilmember Tam stated Santa Ana's Code of Ethics and Conduct Regular Meeting ~ 4 Alameda City Council June 2, 209 deals with putting ethical principles together and is not geared toward looking at campaign finance reform; Dan Pennell, Executive Director of the Oakland Public Ethics Commission, strongly recommended starting with a Sunshine Ordinance as a foundation to receive community input on best practices rather than dive into an ordinance without any parameters on what would be expected, Mayor Johnson stated Council should stick to what is on the agenda.; further stated Councilmember Tam's research indicates the preferable approach is to take one step at a time. Vice Mayor deHaan stated campaign spending limits would be the s econd phase and should start to be reviewed. Councilmember Matarrese inquired how much staff time would be needed if the League of Women Voters oversees the matter. Mayan Johnson stated the City just had a 10o reduction in force; staff needs some breathing room. The Interim City Manager stated the Fiscal Sustainability Committee did a great deal of work on their own but could not get data and information without City staff; there could be a very small group of five people focused on collecting material available in other cities and doing the staff work of compiling; coming up with suggestions; and doing the leg work; there is an issue if 'Council appoints the group and they become subject to Brown Act issues, which require a whole lot of paperwork. Councilmember Matarrese stated that he would like to get an idea of how big or small the issue is and whether the scope could be self driven external information gathering. Mayor Johnson inquired how Oakland proceeded. Councilmember Tam responded the Oakland model is not the one she envisions; Oakland went through three years of hearings and had to develop a ballot measure and ordinance because the matter was not just a policy f or the City but became part of the City Charter; that she does not find regurgitating State law helpful; public dialogue and input is useful to determine how the project should move forward; that she recognises the reduction in force; the City has a lot of major priorities because of the State's fiscal crises; the matter could be postponed until the first of the year; advocacy groups could relieve the burden of staff. Councilmember Matarrese stated that he concurs with Councilmember Tam regarding postponing the matter; costing out what things cost Regular Meeting ~ 5 Alameda City Council June 2, 2p09 is important. The Interim City Manager stated man hours need to be quantified; inquired whether Councilmember Tam is referencing calendar, year or fiscal year, to which Councilmember Tam responded calendar year. The Interim City Manager stated starting in the fall might be a good idea because staff has a critical path up to then. Councilmember Gilmore stated everyone seems to be in agreement with January; issues not only include man hours but what else gets pushed off in order to satisfy Council requests; having the public involved is imperative; public frustration may not be realized in terms of accessible information; that she received~an email regarding the City's financial reports; she suggested obtaining the information from the City's website; the information was difficult to find; obtaining information is not second nature to the public. F Mayor Johnson inquired how Laserfiche works. The City Clerk responded optical character recognition allows documents to be searchable; stated hand written documents are fuzzy and problematic; noted Council policies would be posted. Mayor Johnson stated the Alameda Museum has a lat of the City's historic documents; the City should scan the documents so that individuals can have electronic access. Vice Mayor deHaan stated the scope needs to be understood. Councilmember Tam stated that she is suggesting not limiting the matter to the five issues outlined in the staff report; the scope deals with public access to government, boards and commissions, and information, Vice Mayor deHaan inquired whether Councilmember Tam is stating that the scope is much bigger than the five issues outlined in the staf f report . Councilmember Tam. responded the Brown Act requirements are what people consider to be the minimum; stated the City does more than the minimum for notifications but does not do more than the minimum for other public access to documents; maybe the public wants more than the minimum. Mayor Johnson stated that Councilmember Tam's idea of starting in the fall or January is good. Regular Muting 16 .~~.ameda City Council dune 2, 2pQ9 Vice Mayor deHaan stated guidance is needed. Councilmember Matarrese suggested the matter be brought back on an agenda at the beginning of the year. Councilmember Gilmore stated that Councilmember Tam expects the matter to be community driven because the process is to help serve the community; Council will not know the best way to serve the community unless the community is asked. Vice Mayor deHaan stated the wheel does not need to be reinvented; many other cities have gone through the process and should be used as a benchmark; staff could pull procedures. Mayor Johnson stated Councilmember Tam is suggesting that the Committee could do a lot of the work. Councilmember Tam stated that she does not want to presuppose or directly dictate the confines of what the Committee can review. Councilmember Tam moved looking at assembling the committee toward the fall, but the committee would not actually start work until January 2010. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. ORAL COMMUNICATIONS, NQN-AGENDA X09-- ~ Stephanie Zhoo, Calvin Fong, Romit Humuyai and Afsareh Mortazavi, discussed banning or taxing plastic bags. Mayor Johnson stated the City would love to ban and tax plastic bags; Oakland banned and taxed plastic bags and lost a lawsuit; now, oakland has to perform an Environmental Impact Report ~EIR7 on the impacts of banning plastic bags; the State does not allow cities to tax plastic bags; suggested that the speakers write to the State Legislature; EIR's are very costly; other organizations are looking into doing a model EIR for plastic bags; the City is waiting for the proper time to move forward on the matter. Councilmember Tam stated the League of California Cities Environmental Quality Committee heard a presentation from various advocacy groups that sponsored legislation; currently, legislation is going through Sacramento to have a State-wide ban, Mayor Johnson stated Styrofoam containers would still be used if the City waited for the State; lobbyists from the Styrofoam Regular Meeta.ng Z ~ Alameda City Council June 2, 2009 industry came to Alameda and testified on how the City should not ban Styrofoam; the State is more susceptible to influences of large lobbyists; the grassroots approach is the most effective way; the next thing to worry about is plastic bottles. COUNCIL REFERRALS None, COUNCIL COMMUNICATIONS X09- 7 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. Mayor Johnson nominated Avonnet M. Peeler, Civil Service Board; Paulina Kirola, Adrienne Longley-Cook and Jody Moore,, Commission on Disability Issues; Danna Talbot, Historical Advisory Board; Ronald Khan, Housing and Building Code Hearing and Appeals Board; Rebecca Kohlstrand Parsons, Planning Board; John McCahan, Public Utilities Board; and Jonathan Soglin and Cynthia Wasko, Social Service Human Relations Board. X09-- ~ Councilmember Tam stated that she attended the League of California Cities Executive Forum last week; the League formed a coalition Wlth a number of local government authorities to aggressively campaign against borrowing and takeaways; 150 cities have already passed Fiscal Hardship Resolutions; the session got sidetracked because of an impromptu press conference with the Mayor of San Diego on the SaveYourCity.net campaign; the League of California Cities' Finance Director is very cautiously pessimistic about. the State borrowing $2 billion, which translates to $2.4 million from Alameda; the In-Home Care Program is being taken away; defunding 80% of the State parks will have ancillary impacts on cities; voter sentiment is one of anger with the State Legislature and elected officials in general; passing a taxing measure will be very hard in the near term; projections offered by the League are slightly different from the Fiscal Sustainability Report; projections are that the economic downturn will bottom out at the end of 2009, but the overall recovery will be very lack luster and not terribly robust; many cities are moving toward a two-tiered pension system, particularly with the 3% at 50 formula; many are considering 2.7o as one way to fund the OPEB unfunded liability; there is some expectation that Ca1PERs will be requesting additional contributions from cities by the end of 2010; the City's additional contribution could be $2.3 million. Regu~.a~ Meeting ~ 8 Alameda Ca.ty Council June 2, 20x9 The Interim City Manager stated Ca1PERS will send a report in the spring of 2010 addressing what can be recovered in the market through June 30 of this year; the estimate for the City could increase 30 or 4a above the estimated 20 to 60. ADJOURNMENT There being no further business, Mayor Johnson adjourned the Regular Meeting at 11:32 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting ~ 9 Alameda City Council June 2, 209 CITY ~~ ALA~IEDA Memorandum To; Honorable Mayor and Members of the City Council From; Glenda D Jay Interim Finance Director Date; dune 11, 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. Amount 220144-220458 EFT 682 EFT 683 EFT 684 EFT 685 EFT 686 EFT 587 EFT 688 Void Checks; 218644 135707 219595 219950 219575 138599 138594 139604 143325 GRAND TOTAL Respectfully submitted, Interim F' an eDir r Council Warrants 06116/09 $1,041,548.30 $27,974,96 $7,993.50 $3,237.40 $14,559,79 $43,096.00 $7,993.50 $5,307,30 x$2,790.00} x$175.42} x$283.84} x$126.23} x$11,335.00} x$95.90} x$68.00} x$25.90} x$20.90} $1,132,882,26 Bl LLS #4_g 6/15/2009 CITY of ALA~IEDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: June ~ 6, 2009 Re: Approve the Cit of Alameda Investment Polic DACI~GROUND The State of California Government Code Section 53646 requires the City Treasurer to submit to the City Council, at a public meeting, an Investment Policy for approval by the local governing authority. DISCUSSION The City's lnvestment Policy affirms the fiduciary responsibility to ensure establishment of adequate reserves, safeguard public assets, and identify opportunities for a systematic investment process. Priority is placed first on securing safety of principal and the liquidity needed for payroll and other City obligations, then on yield on the investment, The City's Investment Policy is reviewed annually and is included with this report. Investment reports are provided at the close of each calendar quaver and include the market value of securities, sources} of market valuation, and a statement confirming that current liquidity is adequate to meet expenditures for the next six months. FINANCIAL IMPACT There is no financial impact as a result of this recommended action. RECOMMENDATION Approve the Investment Policy as presented. Respectfully submitted, _ ~i~ Glenda ay Interim ance Director GDJ:d! Attachment city Go~n~~~ A~~nd~ I~~~ #4pG ~~~~~~a~ INVESTMENT POLICY I. STATEMENT OF PURPOSE It shall be the investment policy of the City of Alameda that all funds not required for immediate budgeted expenditures be invested in compliance with this statement as well as applicable federal and state legislation. Safeguards will be set into place to insure that adequate reserves are established and maintained to provide that cash in sufficient amounts will be available for those immediate expenditures as authorized by the City's budget. Funds so maintained will be deposited in a manner best serving the City, It will be further recognized that the City has a responsibility to insure the security of its assets and always maintain a level of qualitysothatthe publicatlargewill have the highest confidence that its best interests are being served. The purpose of this document is to identify various policies and procedures that enhance opportunities for a systematic investment process. The initial step toward a prudent investment policy is to organize and formalize investment related activities. Related activities, which comprise good cash management, include accurate cash projection, the expeditious collection of revenue, the control of disbursements, cost effective banking relations, and ashort-term borrowing programwhich coordinates workingcapital requirementsand investmentopportunity, In concert with these requirements are the many facets of an appropriate and secure short-term investment program. I.I. SCOPE It is intended that this policy cover a[Ishort-term operating funds and investment activities under the direct authority of the City. These funds are described in the most current annual financial report and include: General Fund Capital Projects Fund Special Revenue Funds Enterprise Funds Internal Service Funds Fiduciary Funds RedevelopmentAgency Funds This investment policy applies to all transactions involving the financial assets and related activities of the foregoing funds. pity ~a-r~n~il A~t~~~an~~~t t~ A~~nda It~n~ #4-~ Q~~~ ~~9 Ill, o~~~CTIVEs A. Safety: Safety of principal is the foremost objective of the City, followed by liquidity and yield. Each investment transaction shall seek to first insure that capital losses are avoided, whether they are from securities default or erosion of market value, Investment decisions should not incur unreasonable investment risks in orderto obtain current investment income. S. Liquidity: The City's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonably anticipated. This need for investment liquidity may be tempered to the extentthatthe Cityis able to issue short-term notes to meet its operating requirements. Emphasis will be on marketable securities with low sensitivity to market risk C. Yield: The investment portfolio shall be designed to attain a market average rate of return throughout budgetary and economic cycles, taking into account the City's risk constraints, the cash flow characteristics of the portfolio, and state and local laws, ordinances or resolutions that restricts the placement of shark term funds D. The investment portfolio shall be diversified to avoid incurring unreasonable and avoidable risks regarding specific security types or individual financial institution. E. The City shall adhere to the guidance provided by the "prudent investor rule", which obligates a fiduciary to insure that: ". ~. investment shall be made with the exercise of that degree of judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation but for investment considering the probable safety of their capita[ as well as the probable income to be derived." F. All parkicipants in the investment process shall act reasonably as custodians of the public trust. Investment officials shall recognize that the investment portfolio is subject to public scrutiny and evaluation. The overall program shall be designed and managed with a degree of professionalism that is worthy of the public trust Neverkheless, in a diversified portfolio, it must be recognized that occasional measured losses are inevitable, and must be considered within the context of the overall portfolio investment return, provided that adequate diversification has been implemented. G. Investments are to be made that will bear in mind the responsibility of city government to its citizens. Investments which encourage the betterment of the human condition will be sought. Alternative investments which enhance the quality of life will be given full consideration. Investments which serve to only enrich a few to the detriment of the people will be strictly avoided. H~ No investment is to be made in a company that receives more than 15°/0 of gross revenues from the production or manufacture of cigarettes, alcohol, or gambling products. 2 IV. DELEGATION OF AUTHORITY Article V of the Charter of the City of Alameda places sole custody of the City's funds with the Treasurer. Further, Section 53636 of the Government Code of the State of California provides that money on deposit is deemed to be in the treasury of the City, Although the responsibility for conducting the City's investment program resides with the Treasurer, the day to day investment function is hereby delegated to the Finance Director who shall establish written procedures for the operation of the investment program, consistent with this investment policy. Such procedures shall include explicit delegation of authority for all investment activities. This procedure is attached hereto and marked as Attachment "A" V. INVESTMENT ADVISORY COMMITTEE An Investment Advisory Committee has been formed for the purpose of overseeing the implementation of the City's investment program and assuring it is consistentwith the investment policy as approved by the City Council. The advisory committee shall consist of the City Treasurer, Finance Director has representative of the City Manager} and the InvestmentOfficer. The Investment Advisory Committee will meet as needed or as market or economic condition changes to determine general strategies and to monitor results. The committee shall include in its deliberations such topics as: economic outlook, po~folio diversification and maturity structure, potential risks to the City's funds, approval of authorized financial institutions, and the target rate of return on investment portfolio. The written investment procedures shall be approved by the investment advisory committee on an annual basis. Quarterly: The Finance Directorwith the concurrence of the Treasurershall submits quarterly investment report to the City Council. This report will describe all investment transactions during the quarter, compute average yield and average life ofthe por~olio as vuell as all required elements of the quarterly reportas prescribed by Government Code Section 53646. VI. INVESTMENT INSTRUMENTS Investment instruments authorized for purchase include: A. United States treasury bills or certificate of indebtedness or those for which the faith and credit of the United States are pledged for the payment of principal and interest. S. Insured or collateralized certificates of deposit issued by a nationally or state chartered bank or state or federal association. In accordance with California statutes, City deposits including collateralized certificates of depositshall notexceedthetotal paid-upcapital eta include capital notes and indentures} and surplus of any depository bank, or the total of the net worth of any savings and loan association. C. Prime bankers acceptances with maturities less than one hundred eighty days, which are eligible for purchase by the Federal Reserve System, and are issued by the top fifty 3 banks in the world, or any qualified depository in the State of California. Purchases from any one bank may not exceed thirty percent of the City's investment portfolio. D. Securities of government agencies such as the Federal Dome Loan Sank, Federal Farm Creditand Federal National MortgageAssociation, amaximum of 25°/° perissuer, and a maximum ofl5% in total. E. Prime commercial paper with AIIPI rating as provided for by a nationally recognized statistical-rating organization ~NRSRO}. Purchases of commercial paper may not exceed 270 days maturity and no more than 25°/° of the City of Alameda's portfolio. F. Medium term corporate notes with a maximum maturity of five years issued by corporation doing business in the Untied States which are rated "A" or its equivalent or better by one or more of the following national rating: Moody's, Standard and Poor's, Fitch's or Keefe's. Investment in medium term corporate notes shall not exceed 30% of the City of Alameda's portfolio. G. State of California Local Agency Investment Fund. H. County Agency Investment Funds, a maximum of 15%. I. Repurchase Agreements. J. Domestic money market mutual funds registered with the Federal Securities and Exchange Commission (SEC) and which are rated in the highest rating category by a nationally recognized rating service or which only invest in: a) U.S. Government or federal agency securities and repurchase agreement, b) other investment instruments specifically included in the local investment policy, or c) tax exempt obligations. K. Other instruments as authorized under Section 53601 and 53634 of the Government Code. L. California Asset Management Program (CAMP). M. Negotiable Certificates of Deposit, a maximum of 30a/o. VII. INVESTMENT TERMS AND CONDITIONS A. The following terms and conditions shall applyto the use of repurchase agreements: 1. Securities purchased under the repurchase agreement shall be limited to the securities and qualifications listed above. 4 2. Securities shall be marked~to-market, and shall be maintained at a value equal to or greater than the cash investment. 3. The market value of the securities that underlay a repurchase agreement shall be valued at 102°/0. 4. All securities under a repurchase agreement shall be held by a third party custodian or safekeeping agent. Transfer of underlying securities to a counterparty bank's customer book entry account may be used for book entry delivery, and a counterparty bank's trust department or safekeeping department may also be used for physical delivery of the underlying security. 5. The seller of repurchase securities shall not be entitled to substitute securities, except as authorized by the City. New or substitute securities should be reasonably identical to the original securities in terms of maturity, yield, quality and liquidity, 6. As soon as possible, a master purchase agreement will be executed between the City and all trading partners. S. The following terms and conditions shall apply to the use of commercial paper: 1. Maturities. shall be limited to two hundred seventy days or less. 2. Purchase must be of the highest letter and numerical rating as provided for by Moody's or Standard and Poor's or Fitch Financial Services, Inc 3~ Purchases must be limited to corporations organized and operating within the United States, and as a practical matter generally only those corporations operating within the State of California, having total assets in excess of five hundred million dollars, and having an "A" or higher rating for the issuer's debentures., other than commercial paper has-provided by Moody's or Standard and Poor's rating services}. 4. Purchase may not represent mare than ten percent of the outstanding paper of an issuing corporation, C. The following terms and conditions shall apply to the use of negotiable certificates of deposit 1. Certificates with maturities greater than six months through one year have an "A" rating or its equivalent or better as provided for by one of the four following national rating services: Moody's, Standard and Poor's, Fitch's or Keefe's. 2. Certificates with maturities greater than one year and through four years shall have an "AA" or its equivalent, or higher rating from one or more of the four following national rating services: Moody's, Standard and Poor's, Fitch's or Keefe's~ 5 D, The following terms and conditions shall applyto the use of medium term corporate notes If securities owned by the City are downgraded by either Moody's or S&P to a level below the quality required by this Investment Policy, it shall be theAgency's policyto reviewthecredit situation and make a determination as to whether to sell or retain such securities in the portfolio. a. If a security is downgraded two grades below the level required by the City, the security shall be sold immediately. b. If a security is downgraded one grade below the level required by this policy and matures within 6 months., the security will be held to maturity. The City Treasurer may determine to sell the security if it is determined that there is a probability of default prior to maturity. c. If a decision is made to retain a downgraded security in the portfolio, its presence in the portfolio will be monitored and reported monthly to the City Council. VIII. PRUDENCE The standard of prudence to be used by investmentofficers shall be the "prudent person rule", and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and exercising due diligence will be relieved of personal liability for an individual security credit risk or market price changes, provided that deviations from expectations are reported on a timely fashion, and appropriate action is taken to control adverse developments. IX. INTERNAL CONTROLS The City Auditor will establish a system of internal controls, which shall be documented in writing. The controls shall be designed to prevent losses of public funds arising from fraud, employee error, misrepresentation by third parties, unanticipated changes in financial markets or imprudent actions by employees and officers of the City. Controls deemed most important includes control of collusion, segregation of duties, separating transaction authority from accounting and recordkeeping, custodial safekeeping, clear delegation of authority, specific limitations regarding securities losses and remedial action, written confirmation of telephone transactions, minimizing the number of authorized investment officials, documentation of transactions and strategies and code of ethical standards. X. BANKSAND SECURITIES DEALERS In selecting financial institutions for the deposit or investment of City funds, the Treasurer will consider the credit rating of the institutions. The Treasurer will continue to monitor financial institutions' credit characteristics and financial historythroughout the period in which City funds are deposited or invested. The Treasurershall approve all financial institutions from whom securities are purchased. 6 xl, MATURITY The City will not invest in instruments whose maturities exceed five years at the time of purchase. It is the intent that investments shall be managed in such a way that any market price losses resulting from interest-rate volatility would be offset by coupon income and current income received from the overall portfolio during a twelve month period, XII. DIVERSIFICATION It is the policy of this City to diversify the investment portfolio in order to reduce the risk of loss resulting from over concentration of assets in a specific maturity, a specific issuer or a specific class of securities, The following strategies and constraints shall apply A. Portfolio maturities will be staggered in a way that avoids undue concentration of assets in specific maturity sector. Maturities shall be selected which provide for stability of income and reasonable liquidity. B. Concern for liquidity shall be insured through practices that include covering the next vendor disbursement date and payroll date through maturing investments or United States Treasury bills. C. Risks of market price volatility shall be controlled through maturity and issuer diversification. XIII. RISK TOLERANCE The City recognizes that investment risks can resultfrom issuerdefaults, market price changes or various technical complications leading to temporary illiquidity. A. Credit risk, defined as the risk of loss due to failure of the issuer of a security, shall be mitigated by investing in high grade securities and by diversification. B. Market risk, defined as market value fluctuationsdue to overall changes in market price and rate, shall be mitigated by eliminating the need to sell securities prior to maturity and avoiding the purchase of long term security for the sole purpose of short term speculation. XIV. OTHER CONSIDERATIONS A. All transactions will be executed on a delivery versus payment basis. B. Uvire Transfers: Whenever possible pre-formatted wire transferswill be usedtotransfer funds to pre-authorized accounts. C. The City will not enter into reverse repurchase agreements, nor trade in options or future contracts. However, the Investment Advisory Committee will review and make recommendations regarding the future use and application of these instruments. l D. From time to time a competitive bid process, utilizing a minimum of three financial institutions deemed eligible by the Treasurer, will be used to place investment purchases. The City shall transact business only with banks, savings and loans, and with brokersldealersappmved by the Investment Advisory Committee. E. In the event of an absence or replacement ofthe City's Investment ®fficer, the authority to invest in all maturities beyond six months shall be regulated by controls and restraining requirements and documented in written investment procedures. In orderto assist in identifying "qualified financial institutions" the Treasurerwill forward copies of the City's Investment Policy to those financial institutions with which the City is interested in doing business and require written receipt of the policy. F~ Safekeeping and Custody Securities purchased from brokersldealers shall be held in a third party custodian account, which the City has established forsafekeeping. Said securities areto be held in the name of the City with the trustee executing investment transactions as directed by the appropriate City official. Collateral fortime deposit in savings and loans is to beheld by the Federal Home Loan Bank. Collateral fortime deposits in banks is to be held in the City's name in the bank trust department or by the Federal Reserve Bank. G. Confirmation Receipts for confirmation of purchase of authorized securities must include trade date, pay value, maturity, rate, price, yield, settlement date, description of securities purchased, agency's name, and third party custodian information. H. Preference where all other factors are equal, as a final consideration the following preference will be given in order: a. Institutions principally located in the City b. Institutions principally located in the County c. Institutions principally located in the State d. Institutions principally located in the United States I. Trust Agreements The City shall direct the investment activities of trustees. Such direction shall be in keeping with the terms and condition otitstrustagreements,applicable lawand policies set forth in the Investment Policy. In addition. to the acceptable investment instruments listed in Section VI, A thru K, bonds proceeds maybe invested in: a, Shares in a trust established pursuant to the Government code, Title ~ ,Division 7 and Chapter 5, investing insecurities permitted under Section 5335; b. Other investment instruments allowed by State law which comply with requirements imposed by bond insurance and rating agencies. ATTACHMENT A Matrix of Recommended Segregation of Responsibilities of the Treasury Functions Functi®n Resp~nsibiliti~s 1. Authorization of investment transactions • Format Investment Policy should be Treasurer re aced b p • Submitted to Governing Body • Reviewed investment transactions Treasurer a roved at the end of each carter q ~. Treasurer delegates to Chief Financial Officer and Supervising Accountant Execution of Investment transactions*~ Revenues 3~ Timel recordin of investment transactions • Recording of investment transactions in Investment Officers the Treasurer's records Supervising Accountant ~ Revenues} • Recording of investment transactions in Supervising Accountant General Ledger} the accountin records ~ 4, Verification of investment, i.e. match broker Treasurer or Supervising Accountant confirmation to treasurer's records Revenues} 5. Safe uardin of Assets and Records: • Reconciliation of Treasurer's records to the Accountin Records ~* Supervising Accountant ~Generai Ledger} • Reconciliation of Treasurer's Records to *~ Supervising Accounting General Ledger} bank statements and safekee in records p • Review of ~a}financial institution's financial condition, ~b}safety, liquidity, and potential yields of investment instruments, Treasurer and ~c} reputation and financial conditions of investment brokers • Treasurer's Vault Treasurer • Periodic review of collateral should be Tr easurer erformed 6. Management's periodic review of the investment portfolio as prepared by the Treasurer -~ key areas that should be reviewed are investment types, purchase price, market values, maturity Independently assigned reviewing dates and investment fields as well as y conformance to stated investment policy. All authorit *** y' transactions, excluding purchases of certificates of deposits, are on deliveryversus payment basis to a third art . With input from Chief Financial Officer via consultation *~ This individual maybe an Assistant Finance Directoror Supervising Accountant *~`~ Personnel assigned to this task should have the capabilities commensurate with the responsibilities. This position requires knowledge of investments and familiarity with the formal Investment Policy. CITY OF ALAI~EDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: June 16, 2009 Re: Approve an Agreement with Holland + Knight, LLP, in the Amount of 96 000 for Federal Le islative Advocac Services BACKGROUND In June 2004, the City retained the services of Holland + Knight ~H+K} to provide federal legislative and regulatory advocacy services The current agreement with H+K expires at the end of June. The proposed new agreement, which would cover the period from July 1, 2009 until June 3D, 2410 is on file in the City Clerk's Office. DISCUSSION The attached City of Alameda Federal Legislative Successes provides information on the firm's past legislative successes and its recent work for the City. In FY 2006, the City received $700,000 in the Transportation-Treasury-Housing and Urban Development ~TTHUD} appropriations conference report for Park Street pedestrian safety transportation improvements. An additional $30D,DDD was included in the House version of the bill for FY 2007, but Congress did not pass the bill, opting instead to combine appropriations bills into one continuing resolution that included no project earmarks. In FY 2008, the City received $490,000 for the Park Street project in the Transportation~Housing and Urban Development bill, while in FY 2009, the City received $475,OOD for this important project. Although the Bay Farm Island shoreline dike and seawall repair project received a project listing in the Senate Energy and vllater Appropriations bill and the Woodstock to Webster Neighborhood improvement Plan received $100,000 in the House version of the TTHUD bill for FY 2007, neither project moved forward as a result of the passage of the continuing resolution absent any earmarks. However, the Bay Farm Island project did receive a project listing in the FY 2009 Energy and Water Appropriations conference report. This listing will enable staff to work with the local Corps of Engineers office to move this projectforward. Last year, City staff, in concert with Holland + Knight, led a joint effort with cities in Alameda and Contra Costa Counties to secure funding for the East Bay Regional Communications System Authority ~EBRCSA}, As a result, the EBRCSA was awarded $1.17M in the FY Z0D9 Commerce-Justice~Science Appropriations conference report. ~~t~ ~~~n~i~ A-g~nd~ ~t~~ #~~~ ~~-~ ~~o~ Honorable Mayor and June 16, 2009 Members of the City Council Page ~ of 3 For FY 2010, H+K assisted the City in submitting six projects to the City's Congressional delegation: the Park Street Pedestrian Safety Transportation Improvements project, the Fleet Industrial Supply Center ~FISC} Infrastructure Improvements project, the EBRCSA, the Bay Farm Island Shoreline Dike And Seawall project, the Woodstock To Webster Neighborhood Improvement Plan, and the Citywide Bus Shelter program. Mr. Stark has submitted all six ofthe City's priorities to the House Appropriations Committee for their consideration. On the Senate side, Senator Boxer submitted both the FISC and EBRCSA projects to the Senate Appropriations Committee, while Senator Feinstein submitted those two projects as well as the Bay Farm Island Shoreline Dike and Seawall project. The House and Senate Appropriations Committees will continue their work on the various appropriations bills for the next several months. In addition to providing assistance with the City's appropriations priorities, H+K has also helped the City with other legislative and funding issues. In 2005, H+K helped secure authorizations and funding in the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users SAFETEA-LU}. SAFETEA~LU included $~ .612 million for planning, design, and construction of an intermodal facility project in Alameda. The funds are being distributed over four fiscal years. The project was also designated in federal legislation as a "New Starts" project, which. makes it eligible for capital funding in future federal budgets. The SAFETEA-LU bill will expire later this year, and the House Transportation and Infrastructure Committee has begun the reauthorization process. Earlier this year, City staff worked with H+K to develop white papers and other supporting documentation for the City's three SAFETEA-LU reauthorization priorities: the Fruitvale Avenue Lifeline Bridge, the Bay Farm Off-Street Bicycle Trail, and the Broadway-Jackson Interchange Improvements. Mr. Stark has submitted all three priorities to the Transportation and Infrastructure Committee. The Senate has not yet begun its reauthorization process. With the passage of the American Recovery and Reinvestment Act earlier this year, the City can apply for a number of competitive grants. H+K has provided City staff with information about these grants as notices of funding become available and will continue to do so next fiscal year. FINANCIAL IMPACT The cost to retain H+K to provide federal legislative and regulatory advocacy is $8,000 per month, for a total of $96,000. H+K reduced its rate from $10,000 per month to $8,000 per month in November 2005 and has proposed no increase to the rate this year. This funding is included in the City Council's Intergovernmental Relations program budget ~~ 21 ~ -61060} in FY 09-10. MUNICIPAL CODEIPOLICY DOCUMENT CROSS REFERENCE This action does not affect the Municipal Code. Honorable Mayor and Members of the City Council RECGMMENDATICN June 16, X009 Page 3 of 3 Approve an agreement with Holland and Knight, LLP, in the amount of $96,000 for federal legislative advocacy services Respectfully submitted, Lisa Goldman Deputy City Manager Approved as to funds and account, Glenda .Jay Interim Finance Director Attachment: 1. Holland ~- Knight Federal Legislative Successes cc: Julie Minerva and Rich Gold, Holland + Knight City of Alameda Federal Legislative Successes Appropriatian~ At the start of each year, we wore with the City to develop priority prof ects and identify hey policy areas for the annual appropriations cycle. The City has been targeted and consistent in their requests for ley infrastructure and community resource funding. 1n addition, the City has recently taken on a leadership role on behalf of the East Eay Regional Con~unicatians System. This regional effort has been embraced by the congressional delegation and the City has been recognized for spearheading this successful coalition, As outlined below, the City hay many successes to show for these efforts, PRaJE'CT'S Park Street Pedestrian Safety ~ranspo~tation I~np~ove~nents~ FY09: $75,000 in the Transportation.-HUD Appropriations conference report ~P,~,, ~ 11- S} FY08: $490,000 in the Transportation-HUD Appropriations conference report ~P.L, ~ 10- 1G1} FY07; $300,000 in House Transportation-.Treasury-HUD Appropriations bill* FY06: $7x0,000 in the Transportation-Treasury-HUD Appropriations conference report ~P.L,109w115} .Alameda Point .Axial Transit Project ^ FY04: $500,ODQ in the Transportation-Treasury Appropriations conference report P.E. 108199} Bay T'arm Island Shoreline Dike ~ Seawall Repair F~09; Received a project listing in Energy & water Appropriations Conference report FY07: Received a project listing in the Senate Energy & water Appropriations bill Woodstock to l~ebster Nei~h~orhood Improvement Plan FY07: $100,000 in House Transportation-HUD Appropriations bill .fast Bay ~e~ional G`ommr~nieations System FY09: $1.17M in the Commerce-Justice-Science Appropriations conference report ~P,~, 111-$~ ~ Final y~arelong ~R far FYQ7 did not include any project earrnariCs ~~ty ~~~~~al ~Att~~hn~~nt tai A-g~~nda~ ~t~n~ #4-~ Qfi~~ ~-Q~ POLICY Faa~' and Drug Ad~tinist~ation In the FY08 House Agriculture Appropriations bill, we advocated to block a plan by the Food and Drug Administration FDA} to consolidate several of their Uffice of Regulatory Affairs laboratories. This plan would have serious and immediate impacts far the City as the FDA's San Francisco District Lab is located in Alameda. Blocking this plan represents an important win for the City of Alameda and a validation of the important work that is being performed in the San Francisco District Lab. Authorizations The authorization process is another good opportunity for the City to advance its agenda at the federal level, Authorization bills provide an opportunity for the City to secure helpful legislative language for a particular priority, or in the case of the surface transportation bill, secure funding for critical transportation Infrastructure. T.R.ANSPf~.R TA TI nN INFI~ASTP ~TCT ~'.~ During the consideration of SAFETEA-LU, the City was able to advance two key priorities as outlined below. SAFET.EA~L U (P,L. ~ a.~~59} Secured authorizations and funding for the City's tap transportation priorities in the final bill: $1.672 million for planning, design, and construction intermodal facility pro~~ct ~FYQ6~ FYD9} a FYQ6: $38~,56~ ® FY07: $~~ 1,28 ~ FY08; $43~,7'2Q ~ FY49: $~51,4~~ dew Starts Authorization for the City's Fixed guideway Corridor prof ect Reautha~~~atian of SAFFT~A-L ~ SAFETEA-LU will expire on September 3d, 209 and the House Transportation and Infrastructure Committee ~T~I} has initiated actions to reauthorize this legislation, In April 2009, the City presented three funding priorities to Congressman Stark. These prof ects have the full support of the Congressman and have been submitted to T&I for consideration. The requests are as follows: Fruitvale Avenue Lifeline Bridge, $40,000,000 Bay Farm Uff-Street Bicycle Trail, $2,160,000 BroadwaylJackson Interchange Improvements, $40,800,000 The Senate has not yet begun their process to reauthorize SAFETEA-LU, however the priorities autlin~d above will serve as a ~oadmap for the Senate process, ~A TER INF~AST.R UCT ~TR~ The Water Resources Development Act ~WRDA} provides authorizations for projects such as flood protection, environmental restoration, operations and maintenance of waterways and other projects associated with US Army Corps of Engineers. The wRDA 200? bill helped to advance two key priorities for the City. Water .Resoa~rces development Act 2007 (~°,L. X10-114 Secured authorizations. for the City's top water related priorities: Conveyance of the Oakland inner Harbor. Tidal Canal property from the US Army Corps of Engineers Corps} to an entity created by or designated by the City and; Requiring the Corps to conduct a study of the Fruitvale Bridge to determine the most economic means of maintaining .the bridge for future transportation options, ~~~ p'UN~ING Recognizing the important role of public housing to the City, we actively monitor pausing policy issues and serve a federal liaison to the US Department of Housing and. Urban Development THUD}, Through our representation, wehave secured a total of $1,101,71 owed to the Authority by HUD; $636,161 in 20Q4 $465,31 Q in 24Q7 The ~Q04 funds were especially significant as they prevented 14~ families from. being cut from the Section 8 p~ogran~. PQLIC~ In addition, we are actively worl~ing with the City to name the Alameda Housing Authority as a member of HUD's Moving to work Program. This would provide much needed funding flexibility which in turn would allow the authority to better serve those in need of their assistance. Stimulus 1n February 2Q09, President Obama signed into law the American Recovery & Reinvestment Act ~P,E.111-5}, The intent of the ~R.RA legislation is to stimulate the econo~y aid create jobs. Over all, AR.RA provides $789 billion for a variety of priorities i~.cluding infrastructure, energy, healthcare, and tax i~.centives. To assist the City with competitive funding opportunities ranging from. Community Oriented Policing COPS} to Energy Efficiency opportunities ~EEG~~}, we have developed a side by side chart which provides information on when and how to access these funds. This chart is updated on a regular basis and is a valuable resource to help the City efficiently navigate the process. Grants ~Yeekly Grant Noti zcation Each weep we provide the City v~ith information regarding recently announced federal grant opportunities. We comb through the Federal Register, Grants,gov, and other resources to identify specific funding that naay be of interest to the City, we provide this service to the City as part of our regular legislative efforts, 1n response to the passage of ARRA, these updates are now sent twice a week and have been expanded to include notification on informational workshops, stakeholder meetings, opportunities for comment, etc. Should the City decide to pursue any of the grant opportunities, we are available to assist with those efforts including building congressional support for the City's application, General Representation ~e also actively monitor and wer~h rn an iss~ces inap®rtant to the Caty sr~ch as: ^ Full funding for Community Development ~1ock Grants Eminent Domain Full funding for Energy Efficiency and Conservation Blacl~ Grants SC~~P ~orr~eland S ecurity Video Choice BRAC Other issues as identified by the City CITY OF ALAI~EDA Memorandum To. Honorable Mayor and Members of the City Council From: Laraweisiger City Clerk Date: June 16, 2009 Rey Award Contractfor Legal Advertising for Fiscal Yeas 2009-10 BACKGROUND At the Regular City Council .meeting held on May 5, 2009, the City Council authorized the City Clerk to advertise for bids for legal advertising. City Charter Section 3-18 requires the Council to; "award a contract to the responsible bidder who submits the lowest and best bid for publication of all legal advertising of the City in a newspaper adjudicated to be a newspaper of general circulation within the City of Alameda. The newspaper published by the successful bidder is known as the Official Newspaper of the City," DISCUSSION One bid was received from the Alameda Journal on June 1, 2009. The bid result was $4.48 per column inch for every insertion. FINANCIAL IMPACT Budget appropriations for legal advertising are approved by the City Council during the budget process. The City spends approximately $29,000 annually for legal notices, of which $10,590 is from the General Fund. RECOMMENDATION Award Legal Advertising Contract, which is on file in the City Clerk's Office, for Fiscal Year 200910 to the Alameda Journal. Respectfully submitted, Lara Weisiger City Clerk Approved as to funds and account, Glend . J Interi ina e Director City Co~nCil Ag~r~d~ Item #4~E CITY QF ~-LAM~D~A Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Dater dune ~ ~, 2ag9 Re. Adopt Plans and Specifications and Authorize a Call for Sids for Central Avenue Sewer Rehabilitation, Pacific Avenue to Third Street, No, P.w. g5- a~-~~ ~ACKGRouND The City Council's approved Capital Improvement Program ~CIP} for fiscal year ZoQ812ag9 includes a-n annual cyclic sewer repair program to replace deteriorated sewer mains, Repair locations are identified through closed circuit television inspection and frequency of maintenance responses to sanitary sewer overflows. The principal goal of the program is to improve the health and safiety of the residents of Alameda by rehabilitating the sanitary sewer collection system infrastructure, eliminating overfilows, and reducing the amount of infiltration and inflow into the sewer system. DISCI~SSIQN The proposed project will rehabilitate approximately ~ ,800 linear fleet ofi existing sanitary sewer pipeline, 8gQ linearfeet of service laterals, and ten manholes, and construct other associated work on Central Avenue, from Pacific Avenue to Third Street. A copy of the plans and specifications is on file in the City Clerk's office. FINANCIAL. IMPACT The project is budgeted in the Capital Improvement Program Project No. g~-o2}, with monies allocated from the Sewer enterprise Fund. The Public works Department applied for a low interest loan fior this project from the State water Resources control hoard ~SwRCS}, which is distributing American Recovery and Reinvestment Act of 2Q09 ~ARRA} funding. However, based on the criteria used to allocate ARRA funds, which included fundin ro`ects that directl served disadvanta ed communities, had a gp J y g previous state commitment for future funding, provided water quality benefits, and demonstrated project readiness, the City's application was not approved because it only met the project readiness criterion, There are sufficient monies in the Sewer enterprise Fund for this project. There is no impact to the General Fund City ~~u~n~~l A~~nda item #~~~' 06~1~~0~ Honorable Mayor and June ~ 6, X009 lVlembers of the City Council Page 2 of ~ MUNICIPAL CODEIPOLICY DOCUMENT CROSS REFERENCE This action does not. affect the Alameda Municipal Code. ENVIRONMENTAL REVIEVII In accordance with the California Environmental Quality Act ~CEQA~, this project is Categorically Exempt under CEQA Guidelines Section ~ 530 ~c}, Existing Facilities. RECOMMENDATION Adopt plans and specifications and authorize a call for bids for Central Avenue sewer rehabilitation, Pacific Avenue to Third Street, No. P.w. 05-09-~ 3. Approved as to funds and account, ... Glen a . Ja Interim Finance Director By;. ~'s~ ~ ~, ~~ Paul Soo ~ ~~-~ ~~ Junior Engineer MTN;PS;gc CITY~~AL,AI~EDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: June 10, 2009 Re: Adopt Plans and Specifications and Authorize a Call for Bids for Fernside Boulevard Sewer Rehabilitation, Thompson Avenue to High Street, No. P.yll. 03-09-09 BAC KG RO U N D The City Council's approved Capital Improvement Program ~CIP} for fiscal year 2o08I2009 includes an annual cyclic sewer repair program to replace deteriorated sewer mains. Repair locatians are identified through closed circuit television inspection and frequency of maintenance responses to sanitary sewer overflows. The principal goal of the program is to improve the healfih and, safety of the residents of Alameda by rehabilitating the sanitary sewer collection system infrastructure, eliminating overflaws, and reducing the amount of infiltration and inflow into. the sewer system. DISCUSSION The proposed project will relocate approximately 2,000 linear feet of existing sanitary sewer pipeline from the~easterly sidewalk area to the street, replace x,500 linear feet of service laterals, rehabilitate ~ 3 manholes, and construct ether associated work along Fernside Boulevard from Thompson Avenue to Nigh Street. Staff proposes to minimize potential construction impacts to the street trees along Fernside Boulevard by relocating the sewer from the sidewalk to the street. If street tree roots are encountered during the excavation, the City will stop work and proceed under the advice of a certified arborist~ No trees are expected to be removed. A copy of the plans and specifications is on file in the CityClerk's office. F I NAN C IAL I M PACT The project is budgeted in the Capital Improvement Program (Project No. 95-02), with monies allocated from the Sewer Enterprise Fund. The Public Works Department applied .for a low interest loan far this project from the State Water Resources Control Board (SWRCB), which is distributing American Recovery and Reinvestment Act of A-g~nd~ 1~n~ 4~~ g6~'~~4 Honorable Mayor and Members of the City Council June ~ 6, ~OO9 Page 2 of 2 X009 ~ARRA} funding. However, based on the criteria used to allocate ARRA funds, which included funding projects that directly served disadvantaged communities, had a previous state commitment for future funding, provided water quality benefits, and demonstrated project readiness, the City's application was not approved because it only met the project readiness criterion. There are sufficient monies in the Sewer Enterprise Fund forthis project. There. is no impactto the Genera! Fund. MUNICIPAL CaDEIPGLlCY DOCUMENT CRASS REFERENCE This action does not affect the Alameda Municipal Code. ENVIRC~NNIENTAL REVlEw !n accordance with the California Environmental Quality Act ~CEQA}, this project is Categorically Exempt under CEQA Guidelines Section ~ 5~0~ ~c}, Existing Facilities. RECC~MMENDATIGN Adopt plans and specifications and authorize a call for bids for Fernside Boulevard sewer rehabilitation, Thompson Avenue to High Street, No. P~w, 03-09-09. Approved as to funds and account, ~ ~ .~ r Glend '~ .Jay Interim Finance Director ~y: n.~~a~~~~~~~, Y ~ qq77 __'' gvy~ ~ Pau! Soo A ~~~~ Junior Engin er MTN:PS:gc CITY F ALA~IEDA Memorandum To: Honorable Mayor and Members of the City Gauncil From: Ann Marie Gallant Interim City Manager Date: June 16, 2009 Re: Approve a Non~Disturbance and Attornment Agreement between the City of Alameda and Diageo Chateau and Estate wine Company has Successor- in-Interest to Rosenblum Cellars Inc, DACKGRaUND In 194, the City entered into a Tidelands Lease Agreement with Alameda Gateway, Ltd. AGL} to lease 17.5 acres of Tidelands Trust property. The property is located adjacent to the former Todd Shipyard, currently owned by AGL. The Tidelands Lease Agreement had a 25 year term with an option to renew for an additional 25 years. AGL entered into subleases with Day Ship and Yacht in 199, and with Rosenblum Cellars Inc. ~"Diageo"} in 1992; the subleases straddle both City~owned Tidelands Trust property and adjacent AGL owned property. In fact, the property line between the City's Tidelands Trust property and AGL's adjacent property runs through the "Sawtooth building" located on the site. Diageo acquired the interest of Rosenblum Cellars Inc., including its sublease with AGL, for a portion of the Sawtooth building. DISGUSSICN The City and AGL are currently in a legal dispute regarding the termination of the Master Lease. The City contends that AGL is not entitled to renew its option in the Master Lease because of various breaches of contract. As a result, the Gity terminated AGL's interest in the Master Lease on April 20, 2009. The proposed Non-Disturbance and Attornment Agreement would provide that Diageo's interest in its subplease would be allowed to continue under the terms of its lease with AGL, with the City honoring the Landlord obligations for the property owned by the City and occupied by Diageo. A copy of the proposed Non~Disturbance and Attornment Agreement is on file with the Gity Clerk's Gffice. In 2000, the City entered into a very similar Non~Disturbance and Attornment Agreement with Day Ship ~ Yacht. wty ~®r~n~il A-g~nd~ I~~m #4-H ~~~~ ~® Honorable Mayor and Members of the City Council FINANCIAL IMPACT June ~ 0, 2009 Page2of2 The sub-leases of both Day Ship ~ Yacht and Diageo do not identify which portion of the rent pertains to AGL property and which portion of the rent pertains to City Tidelands Trust property. Pending resolution of the legal dispute between the City and AGL, both Day Ship ~ Yacht and Diageo have each "interpled" their rent payments into court. The court wi11 distribute rent payments in accordance with stipulations of the parties ~AGL and the City regarding on-going maintenance obligations or pursuant to the final resolution of the legal dispute. Approval of the Non-Disturbance and Attornment Agreement will have no impact on the General Fund. City will meet any landlord maintenance and repair obligations with funds from the Tidelands Trustaras distributed by courtfrom the interpled rents. RECGMMENDATIGN Approve Non-Disturbance and Attornment Agreement Between the City of Alameda and Diageo Chateau and Estate Wine Company (as Successor-in-Interest to Rosenblum Cellars Inc.) Respectfully submitted .~ ,: ~ ~' ;~ '~-,-, ~ ~a ~ ' ~, y , ~;, M^ ~ . ~~:, r { f ~~~ gyp. ~ r ii~ y`~. 'r ., .,. r, ~ e~ ni~~~~~r ~~w`~,iIX'~ re+ ga..~:~•,,,pJ ~`e?"' NV,emi...xrre:.~~:.. ~ r + ,,µ Leslie Little Development Services Director Approved as fo funds and account, Glend D Jay Interim inanc Director AMGITLHILAL:dc CfTY ~F ALAI~f~DA Memorandum To: Honorable Mayor and Members ofthe City Council From. Teresa L. Highsmith City Attorney Date. June 16, 2009 Re: Adopt a Resolution Authorizing Access to City's Legal Counsel to Tax Records and Documents Pursuant to Revenue & Taxation Code Section 7056 b BACKG[~GUND The City of Alameda is a party, along with five other California cities, to a lawsuit challenging the State Board of Equalization's characterization of certain local retail sales tax as "use tax," resulting in the cities' deprivation of local sales tax revenues. Alamed~'s consultant, MuniServices, estimates that this erroneous characterization of local sales flax as "use tax" has deprived the City of $2.6 million since 1996, and continues to prospectively deprive the City of an estimated $84,000 each year. D[SCUSSIGN The City's argument is based on the state statute governing local sales and use taxes Cal. Rev. & Tax Code sections 7200, et seq., known as the "Bradley-Burns Act"}. Section 7205~a} of the Bradley-Burns Act specifically states that " ...all retail sales are consummated at the place of business of the retailer ...."' The City is, therefore, entitled to the local sales tax collected by the retail seller who is located in Alameda, regardless o.f where the merchandise may ship from. vvhat has been happening, however, is that the State Board of Equalization ~"S[34E"} has since at [east 1996 been distributing the local retail sales tax collected by the Alameda seller ~o the County where the mercl~an~ise !s sh~ppe~ whenever the actual merchandise ships from outside the state of California. This is the practice being challenged. In order to support the City's legal challenge, the City's outside co-counsel, Holland + Knight, need to access the confidential tax records held by the SB~E. According to the Attorney General, cities have the right to access confidential tax records needed to pursue their claims. Section 7056~b} of the Revenue and Taxation Code provides for disclosure of tax information "[w]hen requested by resolution of the legislative body of any ...city". A form of Resolution, consistent with the rights and procedure set forth in Revenue & Taxation Code Section 7057~b} is attached. C~~y ~~an~~l A~en~d~ ~t~m #4~~ Q~~~ 6~Q~ Honorable Mayor and Members of the City Council FINANC_I_AL IMPACT June ~6, 2009 Page 2 of 2 There is no additional financial impact on the City in approving this Resolution to authorize access to confidential tax records in support of the litigation effort. The cost of the litigation is included in the City Attorney's outside counsel budget. RECOMMENDATION Adopt a Resolution authorizing access by the City's Legal Counsel to tax records and documents pursuant to Revenue & Taxation Code Section 7056(b). Respectfully submitted, k / 3' Teresa L. Highsmith City Attorney Approved as to funds and account, d-" Glenda Jay Interim Finance Director CITY ~FALAMEDA RESQLUTIQN N0. AUTHORIZING ACCESS TO TAX RECORDS AND DOCUMENTS TO CITY'S LEGAL COUNSEL PURSUANT TO CAL. REVENUE & TAXATION CODE SECTION 7056(b) WHEREAS, the City, through its City Attorney, has retained the law firm of Holland & Knight LLP to represent it in a dispute with the California State Board of Equalization ~"SB~E"} regarding the allocation and payment of certain sales tax revenues owing to the City pursuant to the Bradley~Burns Uniform Local Sales and Use Tax Law Cal. Rev. & Tax Code §~ 7200, of seq.} the "Act"}; and WHEREAS, pursuant to that representation, litigation has been commenced by the City against the SBaE for violation of the Act and is presently pending in the Superior Court of California for the City and County of San Francisco as Case No. GPF-09~509~3~4 ~"the Lawsuit"}; and WHEREAS, section 7056~b} of the Revenue and Taxation Code 4"RTC"} provides, in pertinent part, that; "When requested by resolution of the legislative body of any ...city, ...the board ~SBQEj shall permit any duly authorized .. . person designated by that resolution, to examine all of the sales or transactions and use tax records of the board pertaining to the ascertainment of those sales or transactions and use taxes to be collected for the ...city ... "; and WHEREAS, in order for Holland & Knight LLP and its consultants including. Albin C. Koch, Esq.} to assist and represent the City in the Lawsuit, the City has agreed to authorize certain lawyers, staff and consultants working with Holland & Knight LLP to have access to, and examine and use all sales or transactions and use tax records whether held by the SBQE or the City pertaining to the ascertainment of the sales and use taxes at issue in the Lawsuit that are properly due the City; and WHEREAS, City wishes to provide access to all such tax records otherwise confidential under RTG Section ?056 to certain lawyers, staff and consultants at Holland & Knight LLP: NQ1N, THEREFQRE, BE IT RESQLVED by the Council of the City of Alameda that: 1. Pursuant to RTC Section 7055~b}, the City hereby provides, and requests the SBQE to provide, access to the lawyers, staff and consultants working with Holland & Knight LLP on the Lawsuit to examine and use all confidential records and data of the SBQE pertaining to the ascertainment of the sales and use taxes collected or to be collected by the SBDE that are the subject of the Lawsuit. Resolution #4-I CC o6-~s-o~ ~. In order to identify each person to whom access to records is to be provided pursuant to RTC section ~056~b}, the City Attorney shall maintain a fist of all lawyers, staff members and consultants of Holland & Knight LLP who will be given such access pursuant to this Resolution; 3. Pursuant to RTC section 7056(b)(1), the City hereby certifies that: (A) The City, though its City Attorney, has an existing contract with Holland & Knight LLP to examine the aforementioned sales and use tax records in arder to effectively advise and represent the City in the Lawsuit; ~B} The City's contract with Rolland ~ Knight LLP requires that Holland & Knight LLP shall disclose confidential taxpayer information contained in, or derived from, the aforementioned .sales or transaction and use tax records only to.. ~i} officers, employees or other duly authorized representatives of the City; or iii} parties in the Lawsuit and the Court in the Lawsuit, but only to the extent reasonably necessary in orderto pursue the Lawsuit on behalf of the City and only to the extent authorized by the Court in the Lawsuit. 4C} Under the City's contract with Holland & Knight LLP, all lawyers, staff members and consultants of Holland & Knight LLP working on the Lawsuit are prohibited from providing California state sales and use tax consulting services to any retailer during the term of the City's contract with Holland ~ Knight LLP, to the extent that such agreement is not prohibited by Rule 1 w50~ of the California Rules of Professional Conduct. ~D} Under the City's contract with Holland ~ Knight LLP, Rolland ~ Knight LLP is prohibited from retaining the confidential taxpayer information contained in or derived from the aforementioned sales and .use tax records after that contract has terminated. 4. The records and information to be provided to Rolland ~ Knight LLP shall be used solely for the purpose of pursuing the City's claims against the SB~E that are the subject of the Lawsuit and, for no other purpose, and shall be returned to the City after the contract has terminated. ~~~*~~ 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 n°~eeting assembled on the 16~~ day of June, X009, by the following vote to wit: AYES; NOES: ABSENT: ABSENTICNS~ IN vvITNESS, IIVHEREaF, I have hereunto set my hand and affixed the official seal of said City this ~ lth day of June, Z0o9. Lara weisiger, City Clerk City ofAlan~eda CITY CAF ALA~IEDA Memorandum To; Honorable Mayor and Members of the City Council From; Ann Marie Gallant Interim City Manager Date; June 6, 2009 Re; Adopt a Resolution Amending the Alameda City Employees Association and. Management and Confidential Employees Association Salary Schedules BACKGRGUND The Memorandum of Understanding for the Alameda City Employees Association ~AGEA} was adapted in 2006 and covers the period July 1, 200, through June 30, 2009 The Memorandum of Understanding far the Management and Confidential Employees Association ~MCEA} was adopted in 2005 and covers the period July 1, 2005, through December 20, 2009. The resolution amends the ACEA and MCEA salary schedules by adding new classifications and salary ranges and re~titling some classifications asdiscussed below. DISCUSSION In November 2008, the Public Utilities Board recommended, and the City Council approved, the sale of the City's Telecom business, allowing Alameda Municipal Power CAMP} to focus on one business line, the electric utility Since that time, the Board has adopted a Strategic Plan with ten strategies and five metrics. Customer and Community Satisfaction is a key metric, To facilitate application of the Strategic Plan, the AMP General Manager hired the consulting firm ADl-~R Consulting, lnc~ to conduct an organizational study of AMP. The study recommends an organizational structure that will best utilize the staffing resources of the department and one that will align and streamline similar functions to provide better communication among the various units and enhance efficiency and effectiveness These recommendations will increase the utility's ability to be strategic in its service delivery of power to its customers and will focus on customer satisfactian~ As presented in the Board's Budget vlJorkshop on May 18, 2009, the proposed FYD9p14 budget will have a workforce of 95 ~a reduction from the current 10Q positions}, equivalent to the staffing level in FY9?-98, prior to entering the telecom business. This recommendation also implements the Board's adopted Strategic Plan -Strategy #3, icy ~ou~~~l -Ag~nd~ It~~ #~-~ a~~~~~~~ Honorable Mayar and June 16, 2099 Members of the City Council Page ~ ofd namely, "Attract and retain an effective workforce that is appropriately aligned, well trained, equipped with the right tools and technology, and properly recognized." There are seven new classifications being created by this action These are as follows: Assistant General Manager- Engineering and Gperatians Assistant General Manager Customer Resources Assistant General Manager- Energy Resource Planning Senior Customer Programs Coordinator Customer Programs Coordinator Utility Systems Analyst Lead Customer Service Representative Seven classifioationssre recommended for title changes with no compensation change, as follows: Current ~iassificatio~n Tide R~econnn~~nded C~asai~wca~ian Tide Utilit Anal st Ener Resources Anal st Senior Utilit Anal st Senior Ener Resources Anal st Administrative Services Mafia ~r Assist, Gen~rai Manger -Administration Com uter Services Su ervisar ~ Utilit Billie ~u ervisor IS Network Anal st Utilifi Network Anal st IS Applications S ecialist Utilit Billie S ecialist IS G erations Technician Utilit ~illin Technician The classification specifications and salary ranges have been discussed with the respective bargaining units ofACEAand MCEA~ FINANCIAL IMPACT The AMP Enterprise Fund includes sufficient funds to cover the recommended salary ranges; there is no financial impact to the General Fund. Funding has been authorized by the Public Utilities Board for these positions, and there is no increase in authorized positions, The recommended changes will result in an approximate annual savings of $15,009 to the AMP Enterprise Fund REC4MMENDATIGN Adopt a Resolution amending the Alameda City Employees Association and Management and Confidential Employees Association salary schedules. Respectf ly submitte C~1/ Karen vllillis Duman Resources Director Approved as to funds and account, Glenda . J y Interim Finance Director ~~ ~~ ~. CITY OF ALAMEDA RESOLUTION NO. AMENDING THE ALAMEDA CITY EMPLOYEES ASSOCIATION (ACEA) AND MANAGEMENT AND CONFIDENTIAL EMPLOYEES ASSOCIATION (MCEA) SALARY SCHEDULES BE IT RESOLVED by the Council of the City of Alameda that the salary resolution of the Alameda City Employees Association ~ACEA} is hereby amended by establishing the salary rate, salary range, salary steps and benefits of the position of Lead Customer Service Representative designating those as applicable to the classification i.n the service of the City of Alameda, CITY OF ALAMEDA ALAMEDA CITY EMPLOYEES ASSOCIATION Effective. June 21, 2009 Indicates classifications with thirty-seven and one-half X37 ~/z} hour original workweek; other classifications have forty X40} original workweek. Classification HOURLY Code NON- Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 EXEMPT 7565* Lead $22.66 $23.79 $24.98 $26.23 $27.54 $28.92 $30,37 $31.89 Customer Service Rep. BE 1T FURTHER RESOLVED by the Council of the City of Alameda that the salary resolution of the Alameda Management and Confidential Employees Association ~MCEA} is hereby amended by establishing the salary rate, salary range, salary steps and benefits of the positions of Assistant General Manager ~- Administration, Assistant General Manager ~ Customer Resources, Assistant General Manager Energy Resource Planning, Assistant General Manager-- Engineering and Operations, Customer Programs Coordinator, Energy Resources Analyst, Senior Customer Programs Coordinator, Senior Energy Resources Analyst, Utility Bi-fling Supervisor, Utility Network Analyst, Utility Systems Analyst, Utility Billing Specialist, and Utility Billing Technician designating those as applicable to the classification in the service of the City of Alameda. Resolution #4-J CC q6~~6-09 CITY C~FALAMEDA MANAGEMENT AND CGNFIDENTIAL EMPLGYEES ASSGCIATIGN Effective J u ne 21, 209 Code Classification ~IwEEKLYyINANNUALLY ~~~'1~PT Ste 1 Ste 2 Step 3 Sfep 4 Ste 5 7053 Assistant $4,616 $4,847 $5,D89 $5,343 $5,610 General Manager -- $120,016 $126,022 $132,314 $138,918 $145,860 Administration 7054* Assistant $4,616 $4,847 $5,089 $5,343 $5,610 General Manager ~- $120,016 $126,022 $132,314 $138,918 $145,860 Customer Resources 7056* Assistant $4, 616 $4, 847 $5, 089 $5, 343 $5, 610 General Manager ~ $120,016 $126,022 $132,314 $138,918 $145,860 Energy Resource Planning 7051 * Assistant $4,616 $4,847 $5,089 $5,343 $5,610 General Manager -- $120,016 $126,022 $132,314 $138,918 $145,850 Engineering & Gperations 7616 Customer $2,759 $2,597 $3,042 $3,194 $3,354 Programs Coordinator $71,734 $75,322 $79,092 $83,044 $87,204 7075* Energy $2,976 $3,125 ~ $3,281 $3,445 $3,517 Resources Anal st $77,376 $81,250 $85,305 $89,570 $94,042 7617* Senior $3,281 $3,445 $3,617 $3,798 $3,988 Customer Programs $85,305 $89,570 $94,042 $98,748 $103,688 Coordinator 7073* Senior Energy $3,281 $3,445 $3,617 $3,798 $3,988 Resources Anal st $85,306 $89,570 $94,042 $98,748 $103,688 7300* Utility Billing $2,976 $3,125 $3,281 $3,445 $3,617 Supervisor $77,376 $81,250 $85,306 $89,570 $94,042 7316 Utility Network $2,833 $2,975 $3,124 $3,280 $3,444 Analyst $73, 658 $77, 350 $81, 224 $85, 280 $89, 544 7317 Utility Systems $2,833 $2,975 $3,124 $3,280 $3,444 Analyst $73, 658 $77, 350 $81, 224 $85, 280 $89, 544 CITY CFALAMEDA MANAGEMENT ANa CaNFIDENTIAL EMPLOYEES ASS~CIATIaN Effective J u ne 2 ~ , 2009 Classification ~®URLY Code COIU~ID~I~TI~L Step 1 ~... 5tep 2 Step 3 Step 4 Step 5 ~y~NM~X~MPT 7315* lJtility Billing $30.15 $31.66 $33.24 $34.94 $36.64 S ecialist 7311 * Utility Billing $26.04 $27.34 $2.$.71 $30.15 $31.66 Technician Indicates classifications with thirty-seven and one~half X37 ~/~} hour on final g workweek; other classifications have forty X40} orig inal workweek. *~~~~ 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 ~ 6#~' day of June, 2009, by the followin vote to g wife AYES: NOES: ABSENT: ABSENTI~NS. IN WITNESS, VIIFiERE~F, I have hereunto set my hand and affixed the official seal of said City this 17~"day of June, 2009, Lara Weisiger, City Clerk City of Alameda CITY ~F ALAMEDA GRDINANCE 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 ~ . 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 praposed 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 X250,000. Section 4. The Interim City Manager is authorized to execute such documents as shat! be required to carry out the intent of this ordinance, Section 5. The revenue from the safe of the property shall be deposited as a deferred maintenance revenue in an Internal Service Fund to be created in the fiscal year 200912.010 accrual budget for infrastructure maintenance projects. Section 5. This ordinance shall be in full force and effect from and after the expiration of thirty X30} days from the date of its final passage. Presiding Officer of the City Council Attest; Lora Vveisiger, Gity Clerk *~~~~~ Final Passage of ordinance #4-K cC Dfi-~ G-o9 I, the undersigned, hereby certify that the foregoing ®rdinance was duly and regularly adopted and passed by Council of the City of Alameda in regular meeting assembled on the ~ 6~~ day of June, 2009 by the following vats to wit. AYES: NUES: ASSENT: ASSTENTI~NS: IN vVl`I~NESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this ~~f~, day of June, 2009. Mara Weisiger, City Clergy City of Alameda l CITY CF ALAMEDA C~RDINANGE N0, New Series ~,~ AMENDING THE ALAMEDA MUNICIPAL CODE BY DELETING ! ~~ ~ f I I1 ~~ CHAPTER XX ~ FLCDD DAMAGE PREVENTIGN }AND ADDING A NEW ~~~~ CHAPTER XX "FLGCD PLAIN MANAGEMENT" TC MEET THE ~ } ~~ REQUIREMENTS QF THE FEDERAL EMERGENCY MANAGEMENT ~~ AGENCY "FEMA" FLCJQD INSURANCE PRQGRAM AND APPRGVE ~ ~ UPDATED FLGCD INSURANCE RATE MAPS l vtIHEREAS, the Legislature of the State of California has Government Code Sections 5530, 55560, and 5550o conferred upon local governments the .authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and 1111HEREAS, 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 vvHEREAS, 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 UvHEREAS, 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 regulations applied uniformly throughout the community to ail publicly and privately owned land within flood prone, mudslide orflood related erosion areas, and v11HEREAS, these regulations are designed to. protect human fife 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 Tines; and streets and bridges located in areas of special fiood 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 fiood 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 fiood hazard assume responsibility far their actions, and Final Passage of ordinance #4•L CC V~w~ ~^aQ 1NHEREAS, in order to accomplish its purposes, the Mode[ Floodplain Management Grdinance includes regulations to: restrict or prohibit uses which are dangerous to health, safety, and property due to water or erasion 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 nature! floodplains, stream channels, and natural protective barriers,. which help accommodate or channel floodwaters; control. filling, grading, dredging, and other developmentwhich 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, EE IT URDAINED by the City Council of the City of Alameda that; Section 1. The Alameda Municipal Code is hereby amended by adding repealing Chapter X~, FL4®D DAMAGE PREVENTION, in its entirety and replacing it with Chapter 7~X, FLO®DPLAIN MANAGEMENT, and is hereby added to the Alameda Municipal Code to read as follows. 20.E DEFlNlTI~NS. Jnless 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 "Specie! Mood hazard area." "Accessory strucfure" means a structure that is either: 1. Solely far the parking of no more than 2 cars; or 2. A small, low cost shed far limited storage, less than 1 ~0 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 lacated, "A!luvia! 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 stapes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosian, sediment movement and deposition, and channel migration. "Apes" means a point an an alluvial fan or similar landform below which the flow path of the major stream that farmed 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 ofthis ordinance. "Area of shallow flooding" means a designated 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 net exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. "Area ®~ special flood hazard" ~- See "Special flood hazard area," "Base (load" means a flood which has a one percent chance of being equaled or exceeded in any given year 4also called the "100-year flood"~, Base flood is the term used throughout this ordinance. "base flood elevatian" ~BFE} means the elevation shown on the Mood Insurance Rate Map for Zones AE, AH, Al-30, VE and V1-V30 that indicates the wafter 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 actinn without causing any damageto 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 mare than 20 pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following canditions: 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 wafter loads acting simultaneously in the event of the base flood. "Building" ~ See "structure" "coastal 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 4F I RM~ as Zone V1-V30, VE, or V, "Develapment" means any manmade 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 ofa floodptain, "Existing manufactured hame 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 ofAlameda first adapted a floodplain management ordinance, "Expansion to an existing manufactured home park yr subdivision" means the preparation of additional sites by the construction of facilities for servicing the [ots on which the manufactured homes are to be affixed ~inciuding the installation of utilities, the construction of streets, and either final site grading or the pouring ofcancrete pads}. "Flood, flooding, or flood water" means: ~ . A general and ,temporary condition of partial or complete inundation of normally dry land areas fram the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; andlormudslides ~i.e., mudflows}; and ~. The condition resulting fram 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 an 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 tothe 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 cammunity 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 nat limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans. "Floodplain managoment regulations" means this ordinance and ofiher zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances such as grading and erosion control} and other application of police power which contra) development in flood-prone areas. This term describes federal, state or Iocal 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 ~-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," "F1ood~ray Binge" is that area of the floodplain on either side of the "Regulatory Floodway"where encroachment may be permitted. "Fraud and victimization" as related to Section 2~~~ 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 far 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 atvery 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 one 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 longterm 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 ZO.S 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; ~ , Listed individually in the National Register of Historic Places ~a listing maintained by the Department of Interiors or preliminary determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; ~. 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 a roved pp programs. "Levee" means amen-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water sa 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 "I3asernent" definition},. ~ , An unfinished ar 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 net limited to; a. The flood openings standard in Section 20-4.~.C.~; b. The anchoring standards in Section 20~4~~.A; c. The construction materials and methods standards in Section 20- 4~; 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 borne" 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 for contiguous parcels} of land divided into two or more manufactured home lots for refit or sale, "Market value" is defined in the City of Alameda's, or in none exist, the County of alameda's substantial damagelimprovement procedures. See Section 20~3.2.~. . "dean sea level" means, for purpose of the National Flood Insurance Program,. the National Geodetic Vertical Datum ~NGVD} of 1929, North American Vertical Datum ~NAVD} of 1988, or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. "Nevi Construction", for floodplain management purposes, means structures for which the "scarf of construction" commenced on or before June 3, 19?5, the date the City of Alameda first adopted a floodplain management ordinance, and includes any subsequent improvements to such structures. "New manufactured hone 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 8, ~ 975, the date the City of Alameda first adopted a ffioodplain management ordinance. "®bstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile,. abutment, protection, excavafiion, channefiization, 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 andlor velocity of the flow wafer, 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 fl®od" "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 overfiopping 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 froma relatively mild slope. "Program deficiency" means a defect in a community's. floodpiain management regulations o~ administrative procedures that impairs effective implementation of those floodplain management regulations, "Public safety and nuisance" as related to Section ~0~5 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 ar use, in the customary manner, of any navigable lake, or river, bay, stream, canal, ar basin. "Recreational vehicle" means a vehicle which is. 1. Bunton a single chassis; 2. 400 square feet ar less when measured at the largest horizontal projection; 8. designed to be self-propelled ar 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 floadway" means the channel of a river ar 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. "Riverlne" means relating to, formed by, or resembling a river including tributaries}, stream, brook, etc. "Sand dunes" mean naturally accurring accumulations of sand in ridges or mounds landward of the beach, "Sheet flow area" --see "Area of shallow flooding" "Special flood hazard areas ~SFHA~" means an area, in the floodplain subject to a ~ percent or greater chance of flooding in any given year. It is shown on an ~~~M ar FIRM as Zone A, A0, Al-A3a, AF, A99, AID, V~ ~1130,1~~ or 11. "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 X90 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; ar 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 andlor 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 an 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 walfied and roof building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home. "Substantial damage" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cast of which equals or exceeds 5a percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantia! damage", regardless of the actual repair work performed: The term does not, however, include either. ~. 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 "Cvaa~ai 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. "Vialafiion" means the failure ofi 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, "~la~er Surface elevation" means the height, in relation to the National Geodetic Vertical Datum ~NGVD} of ~ 929, in the filoodplains ofi coastal or riverine areas. "VlCaterc~ursc" means a lake, river, creek, stream, wash, arro o, channel or Y other topographic feature on or over which waters flow at least periodically. IlVatercourse includes specifically designed areas in which substantial flood damage may occur. 202 GENERAL PR4V1S1®NS. 20-2,~ LANDS TG VIIHICH THIS GRDINANCE APPLIES. This ordinance shall apply to all areas of special flood hazards within the ~urisdictian of City of Alameda. 202.2 DASIS FGR ESTADLISHING THE AREAS GF SPECIAL FL44D HAZARD. The areas of special flood hazard identified by the Federal Emergency Management Agency ~FEMA} in the "Flood Insurance Study ~FIS} far 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 andlor 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 V~Jorks Department. 2042.3 CGI~IPLIANCE, 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. ~Q~Z.4 A~RQGAT~QN AND GREATER RESTR~CTI®NS. 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. 24-~.5 INTER~RETATIQN. In the interpretation and application of this ordinance, all provisions shall be; A. Considered as minimum requirements; B. Liberally construed in favor ofthe governing body; and C~ Deemed neither to limit nor repeal any other powers granted under state statutes. ~d~Z~~ WARNING AND DIS~LAI~IER QF LIABILITY. The degree of flood protection required by this ordinance is considered reasonable for regulatary purposes and is based on scientific and engineering considerations. Largerfloods can and will occur on rare occasians. 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 ar flood damages. This ordinance shall not create liability an the part of the City Council, any officer or employee thereof, the State of California, arthe Federal Emergency Management Agency, for anyfload damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. 2~~2.7 SEVERAI3ILITY. 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 orinvalid. 20~~ ADIi~INISTRATIgN 2op~,1 DESIGNATIgN qF THE FLgqDPLAIN AD~IINSTRATgR. The Public Works Director is hereby appointed to administer, implement, and enforce this ordinance by granting or denying development permits in accord with its provisions. ~~-3s~ DUTIES AND REPgNSIDILITIES qF THE .FLgqDPLAIN ADIVIINITRATgR, The duties and responsibilities of the Floodplain Administrator shall include, but not be limited tothe following: A. Permifi Review. Review all development permitsto 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 (food more than 1 foot at any point within Alameda County, California and Incorporated Area; and S.AII Letters of Map Revision ~LgMR's} for flood control projects are approved prior to the issuance of bui{ding permits. wilding Permits must not be issued based on Conditional Letters of Map Revision ~CLgMR's}, Approved CLOMR's allow construction of the proposed flood control project and sand preparation as specified in the "start of construction" definition. R, Develo meat of ~ubstantlal Im roven~ont and Substantial Dania a Procedures. 1. Using FEMA publication FEMA X13, "Answers to Questions About Substantially Damaged wilding," 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 deparkmentsldivisions and implemented by community staff, C. Revieuv Use and Deve~a rnent of ether base Floyd Data. llvhen base flood elevation data has not been provided in accordance with Section 24~2a~, the Floodplain Administrator shall obtain, review, and reasonably utilise any base flood elevation and floodway data available from a federal or state agency, or othersource, in orderta administer 5oct~on ~4-4. N~~E. A base flood elevation may be obtained using one of tiro methods from the FEMA publicatian, FEMA X65, "Managing Floodplain Development in Approximate Zone A Areas ~ A wide for obtaining and Developing Base ~~ 00-year} Flood Elevations" dated July 1995. D= Not~f cation of ether A envies. 1. Alteration or relocation of a watercourse: a. Notify adjacent communities and the California Department of vllater Resources priorto 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 Flood Elevation changes due to physical alterations: a. vllithin 6 months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the perrr~it applicant submits technical or scientific data to FEMA for a Letter of Map Revision ~LC~MR}. b. All L~MR's for flood control projects are approved priorto the issuance of building permits. Building Permits must not be issued based on Conditional Letters of Map Revision ~CLaMR's}. Approved CL~MR's allow construction of the proposed flood control project and land preparation as specified in the "stark 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 ar other means and include a copy of a map of the community clearly delineating the new corporate limits. E. Docun~enta~i®n o Flood lain Dovelo n~on~. obtain and maintain for public inspection and make available as needed the following: . er~~ cation re u i red b ~ec~~on ZO 4. . ~ and ~+~c.,~.~,~..m...,,.,,,.,,.....,.~.. slowest floor elevations}; 2. Certification required by Section 20~4.~ ~C,~ elevation or floodproofing of nonresidential structures}; 3. Certification required by Section 20-4.~.C.3 wet floodproofing Standard}; 4. Certification of elevation required by (subdivisions and other proposed development standards); Section Zo~4.3.~-~3 ~. Certification required by encroachments}; Section 20-4.6.D (floodway ~e information required by Section ~o~~.?.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, I~ap 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.~. G~ Re~media~l Action. Take action to remedy violations of this ordinance as specified in Section 2o~Zf31 H. er~n~a~ Report. Complete and submit Biennial Report to FEMA. I. P~anning~ Assure community's General Plan is consistent with floodplain management objectives herein. 20.3.E D~V~L~P~NT P~R~lIT. 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 22.2, 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. ~. Proposed locations of water supply, sanitary sewer, and other . utilities; 3. Grading information showing existing and proposed contours, any proposed fill, and drainage facilities; 4e Location of the regulatory floodway when applicable; 5, Base flood elevation information as specified in Section 202.2 or Section 20-3.2.C, 5. 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.~.C.2 of this ordinance and detailed in FEMA Technical Bulletin TB 393, B. Certification from a registered civil engineer or architect that the nonresidential floodproofed building meets the floodproofing criteria in Section 20~ 4.1.0.2. C. For a crawlwspace foundation, location and total net area of foundation openings as required in Section 20~4.1.C.3 of this ordinance and detailed in FEMA Technical Bulletins 1 ~93 and 7-93. D. Description of the extent to which any watercourse gill be altered or relocated as a result of proposed development. E. All appropriate ce~ifications listed in Section ~~~3.Z.E of this ordinance. ~D~3.4 APPALS. 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 oradministration of this ordinance. ~0-4 PRgVISi~NS FAR FL®C3D HAZARD RED~CTl~N Z~-4.~ STANDARDS ~F ~UNTR~CTIC3N. In all areas of special flood hazards the following standards are required: A. A nohoring. 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, 13, Dons~ruc~ion N1a~eria Es and I~e~hod~. Ail new construction and substantial improvements of structures, including manufactured homes, shall be constructed: ~. vlJith flood resistant materials, and utility equipment resistant to flood damage for areas belawthe base flood elevation; ~. Using methods and practices that minimize flood damage; 3, 1lvith electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed andlor located so as to prevent water from entering or accumulating within the components during conditions offlaoding; and 4~ ~lvithin Zones AI*-I or ACS, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures. C. Elevation and FI®od ra®fin . . Residential construction. A!1 new construction or substantial improvements of residential structures shall have the lowest floor, including basement; elevation. a. In AE, AH, A1~3o 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 ~ feet above the highest adjacent grade if no depth number is specified. ca In an A zone, unnumbered A zone, elevated to determined under Section ~0-3.2.C. without BFE's specified on the FIRM or above the base flood elevation; as Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered civil engineer or licensed Cand 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, A!I new construction or substantial improvements of nonresidential structures shall either be elevated to conform with Section ~0-4.~.C.~ or. a. Be floodproofed, together with attendant utility and sanitary facilities, below the elevation recommended under Section ~0-4.~.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. ~e certified by a registered civil engineer ar architect that the standards of Section ~0-4.~.CYZ.a ~ b are satisfied. Such certification shall be provided to the Floodplain Administrator. 3. Food o eni~s. 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. Far non-engineered openings: ~ . Have a minimum of two openings on different sides having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding: above grade; ~. The bottom of all openings shall be no higherthan onefoot 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 204.4. 5. tiara es and io~v casf acccssor structures. a. Attached garages 1. A garage attached to a residential structure, constructed with the garage floor slab below the BFB, must be designed to allow for the automatic entry of flood waters. See 5oction 20-4.~.~.3. Areas of the garage below the BFE must be constructed with flood resistant materials. See ~e~ction 20~4.~.8. 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, ~. "Accessory structures" used solely for parking ~~ car detached garages arsmaller} or limited storage small, low-cost sheds}, as defined in Sec~rcn ~0-~ , may be constructed such that its floor is below the base flood elevation ~BF~}, 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 portians of the accessory structure located below the BFE must be built using flood-resistant materials; c. The accessory structure must be adequately anchored to preventflaatation, collapse and lateral movement; d. Any mechanics[ and utility equipment in the accessory structure must be elevated or floodproofed to or above the BFE; e. The accessory structure must comply with flaadplsin encroachment provisions in Sec~~cn ~~~4.~: and f. The accessory structure must be designed to allow for the autarnatic entry of flood waters in accordance with Sccf~cn 2~~ 4.~.D.3. ~. Detached garages and accessory structures not meeting the above standards must be constructed in accordance with all applicable standards in Sec~icn ~4~4. . 2~~4.~ STANDARDS FAR UTIL6TIFS. A. All new snd replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate: ~ , Infiltration of flood waters into the systems; and ~. 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. Z~-4.3 STANDARDS FAR S~JBDIV~SI~NS AND ~TH~R PR~P~SBD DEVLaP~LENT. 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 (SFHA) 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 Flondplain Administrator: ~. All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage. C. All subdivision proposals and other proposed development shall be consistent with the need to minimizeffood damage. D. Ail subdivisions and other proposed development shall provide adequate drainageto reduce exposure to flood hazards. ~0-4q4 BTA~DAR~B ~oR l~ANUFA~TURED HoI~E~. A. All manufactured homes that are placed or substantially improved, on site located ~~ } outside of a manufactured home park or subdivision; ~~} 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, shelf: ~ . 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 V1-2D, V, and 11E on the community's Flood Insurance Rate Map, meet the requirements of Bection 2Q-4p1. B. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision with Zones A1~3o, AH, AE, V~ ~30, V, and ilE on the community's Flood Insurance Rate Map that are not subject to the provisions of Bastion 20-~.4.A will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that eitherthe; ~ . Lowest floor of the manufactured home is at or above the base flood elevation; or ~. Manufactured home chassis is supported by reinforced piers or other foundation elements of at lease equivalent strength that are no less than ~6 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 ar licensed land surveyor, and verified by the community building inspector to be properly eievatede Such certification and verification shall be provided to the Floodpiain Administrator. ~~~4.~ STANDARDS F4R RECREAT~~NAL VEHICLES. A. All recreational vehicles placed in Zones Al ~20, AH, AE,111 ~30 and 1fE will either:. 1. ~e on the site forfewer than 1~o consecutive days; or 2. ~e fully licensed and ready for highway uses 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 requirer~ents of S~c~iQn ~~~3.3 of this ordinance and the elevation and anchoring requirements for manufactured homes in Scctlan 2a-4.4. ~. Recreational vehicles placed on sited within Zones 1I~-30,11, and ~E on the community's Flood Insurance Rate Map will meet the requirements of Section ~0~4.~.A and Sectl~n ~~-4.1. Z4~4.6 FLT®DwAYS. Since fioodways 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 fioodway is adopted, no new construction, substantial development, or other development including fill} shall be permitted within Zones A~ -~~ and AE, unless it is demonstrated that the cumulative effect of the proposed development, which combined with a!1 ether development, will not increase the water surface elevation of the base flood more than ~ foot at any paint within the bounty of Alameda, California and Incorporated Area. B. Within an adopted regulatory floodway, the County of Alameda, California and Incorporated Area sha11 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. !f Sections 20~4.~.AB are satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable~laod hazard reduction provisions afSection 2~~4. 204.7 COASTAL Ni~H HA~A~DC~US A~~AS Ilvithin coastal high hazard areas, Zones ~', V1-30, and 11E, as established under Secti®n 2~~2.2. the following standards apply: A. All new residentia! and non-residential construction, including substantial improvementldamage, shall be elevated on adequately anchored 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 ar 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. Be All new construction and other development shall be located on the landward side afthe reach of mean high tides C. All new construction and substantial improvement shall have the space below the lowest floor free of obstructions or constr~~cted with breakaway walls as defined in Section 2 ofthis ordinance. Such enclosed space shall not be used for human habitation and will be usable solely for parking of vehicles, building access orstarage, D, Fill shall not be used for structural support of buiidingso E. ~lan~made alteration of sand dunes which would increase potential flood damage is prohibited. F. The Floodplain Administrator shall obtain and maintain the fallowing records ~ . Certification by a registered engineer ar architect that a proposed structure complies with S~c~ion 2Q~4y7~A; and 2. The elevation din 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, Zo-~. VARIANCE PR®CEDURE 20~5.~ NATURE CAF VARIANCES. The issuance of a variance is forfloodplain 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 ofproperky and are not personal in nature. Avariance may be granted far a parcel of propertywith 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 ownerse It is the goal 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 limited9 Therefore, the variance guidelines provided in this ordinance are more detailed and contain multiple provisions that must be m'et before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives otherthan a variance are more appropriate. ~D-~.~ C~NDlTl~NS F~JR VARIANCES A. Generally, variances may be issued for new canstruction, substantial improvement, or other proposed new development to be erected on a lot of one half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Sectivn~ 2~-3 and 4 of this ordinance have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases. ~, Variances may be issued for the repair or rehabilitation of "his~orlc ~~ructures" has defined in Section 20-1 of this ordinances upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designatian 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 floadway 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 far 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 ordinances 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. Such 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 Floodplain 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 ofthe affected parcel of land, F, The Floodplain Administrator will maintain a retard 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. 20~5.3APPEAL ~~ARD, 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: others, 1, Danger the materials may be swept onto other lands to the injury of ~, Danger oflife and property due toflooding orerosion 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 [ovation, where applicable; ~. 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 f[oodplain 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.. ~. Variances shall only be issued upon a: 1, showing of good and sufficient cause; ~. 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 4see "Public safely and nuisance"}, Cause "fraud and victimizafi~n" afthe public, or conflict with existing local laws or ordinances. C. Variances may be issued far new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of Secfi®ns 20-5.3.A ~hrou h 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 Z4-5.2.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, **~e~~~ Presiding ®fficer otthe Council Attest: Laravveisiger, City Clerk City otAlameda ~~*~*~ 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 1 ~~~ day o~ June, 2009 by the following vate to wit: .AYES: N®ES: ASSENT: A[~STENTIUNS: IN ~IIIITNESS, vvHERECF, !have hereunto set my hand and affixed the ofi:icial seal of said City this 17th day of June, 2009. Lara vlleisiger, City Clerk City otAlarneda CITY OF ALAMEDA RESQLUTIaN NQ. REAPPQINTINCAVQNNETM. PEELERASAMEMBERC~FTHE CITY CIVILSER1lICE BQARD BE lT RESOLVED by the Council of the City of Alameda that pursuantto e~ the provisions of Article ~ of the Charter of the City of Alameda, and upon nomination of the Mayor, A1IQNNET M. PEELER is hereby reappointed to the office of member of the Civil Service Board of the City of Alameda for the term commencing on July 1, 2009, and expiring on June 30, 201 ~, and to serve until her successor is appointed and qualified. ~~~~~~ I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed b the Council of the City of Alameda in a t~ . regular meetsng assembled on the 1 ~ day of June, 2009, by the following vote to wit; AYES NQES; ABSENT: ABSTENTIQNS; IN vvITNESS, VvHEREQF, I have hereunto set my hand and affixed the seal of said City this 17~" day of June, 2009. Lara vlleisiger, City Clerk City of Alameda Resolutions #6~A Ofi~~ 609 CITY OFALAMEDA RESOLUTION NO, REAPPOINTING PAULINA KIROLAASAMEMBEROF THE CITY COMMISSION ON DISABILITY ISSUES r~ ~~ ~ :~ ~~ BE IT RESOLVED b the Council of the Cit f y y o Alameda that pursuantto Section 2m~ 7,2 of the Alameda Municipal Cade and ordinance No, 293, and upon nomination of the Mayor, PAULINA KIROLA is hereby reappointed to the office of member of the Commission on Disability Issues of the City of Alameda for a term commencing onJuly ~, 2009, andexpiringon June30, 20~3andtoserveuntilher successor is appointed and qualified, ~~~~~~ I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed b the Council of the City of Alameda in a t~ . regular meeting assembled on the 16 day of June, 2009, by the following vote to wit. AYES NOES. ABSENT ABSTENTIONS: IN v111TNES5, vvl~IEREOF, l have hereunto set my hand and affixed the seal of said City this 1 ~t~, day of June, 2009, Lara vveisiger, City Clerk City of Alameda CITY Q1= ALAMEDA RESQLUTIQN Na. REAPPQINTINC~ADRIENNE LC~NCLEY-CQ~KASAMEM13ERaFTHE CITY CQMMISSIQN QN DISADILITY ISSUES a~} ,~~ ~~ ICE fT RESOLVED by the Council of the City of Alameda that pursuant to Section ~~17.2 ofthe Alameda Municipal Code and Qrdinance No. ~93~, and upon nomination of the Mayor, ADRIENNE LQNQLEY-CC~QK is hereby reappointed to the office of member of the Commission on Disability Issues of the City of Alameda for a term commencing on July ~ , X009, and expiring on June 30, 20~ 3 and to serve until her successor is appointed and qualified. **~*~~ I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed b the Council of the City of Alameda in a ~~ . regular meeting assembled on the ~G day of June, ~OO9, by the following vote to wlt: AYES NQES: ASSENT: ASSTENTIC~NS: IN 11111TNESS, vvHEI~EQF, I have hereunto set my hand and affixed the seal of said City this ~ 7t~ day of June, X009. Lara vlleisiger, City Clerk pity of Alameda CITY OF ALAMEDA RESOLUTION NO. REAPPOINTING JODY MOORE AS A MEMBER OF Tl~IE CITY COMMISSION ON DISABILITY ISSUES ~~` ~~~ BE IT RESOLVED by the Council of the City of Alameda that pursuantta ~.~ ~~~ ~, ~ Section: 2~~7.2 of the Alameda Municipal Code and Ordinance No. 2931, and upan nomination of the Mayor, JODY I~OORE is hereby reappointed to the office of member of the Commission on Disability Issues of the City of Alameda for a term commencing on July 1, 2009, and expiring on June 30, 2013 and to serve until her successor is appointed and qualified. *~*~* I, the undersigned, hereby certify that the foregoing Resolution vas duly and regularly adopted and passed b the Council of the City of Alameda in a ~~ . regular meeting assembled on the 15 day of June, 2009, by the follav~ing vats to llVite AYES NOES: ABSENT: ABSTENTIONS: IN ~NITNESS, v11HEREOF, !have hereunto set nay hand and affixed the seal of said City this 1lt"day of June, 2009, Lora vlleisiger, City Clerk City of Alameda CITY C~FALAMEDA RESaLUTI~N NC. REAPPOINTING DONNA TALBOT AS A MEMBER OF THE CITY HISTORICAL ADVISORY BOARD (BUILDING DESIGN SEAT) BE IT RES~L.IIED by the Council of the City of Alameda that pursuant to the pravisions of Article X of the Charter of the City of Alameda, and upan nomination of the Mayar, DONNA TALBOT is hereby reappointed to the office of member of the Historical Advisory Board Building Design Seat of the City ofAlameda for a term commencing July ~ , 2009, and expiring on June 30, 2013, and to serve until hersuccessor is appointed and qualified. *~~~* I, the undersigned, hereby certify that the foregoing Resolution was dulyand regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 10t~ day of June, 2009, b the followin vote to wits Y 0 AYES NOES; ABSENT: ABSTENTIaNSv IN v1~ITNESS, v11HERI~~F, I have hereunto set my hand and affixed the seal of said City this 17#~ day of June, 2009. I_ara Illleisiger, City Clerk City of Alameda k~~ CiTY QF ALAMEDA RES~LUTICN NQ. ~~ ,, ~;~ ~~ REAPPaI,NTING RaNALD KAHN AS A MEMBER OF THE ~~` HC~USiNGAND BUILDINGCCJDE HEARINGANDAPPEALS BCA RD ~~ , `.}~~ BE IT RESOLVED by the Council of the Cit of Alameda that ursuant to Section ~~ ~s y p 1~3 ~,~ 16.4 of the Alameda Municipal Code, and upon nomination of the Mayor, RONALD KAHN is hereby reappointed to the office of member of the City Housing and Building Cade Hearing and Appeals Board of the City of Alameda for a term commencing July 1, 2009, and expiring on June3O, 2013, andtoserveuntii hissuccessorisappointed andqualified. ****~ I, the undersigned, hereby certify that the foregoing Resolution vas duly and regularly adopted and passed bytl~e Councif ofthe City of Alameda in a regularmeeting assembled on the 16t"day of June, 2009, by the followin vote to v~it: g AYES NOES: ABSENT: ABSTENTIONS: IN UVITNESS,11vHEREC~F, I have hereunto set my hand and affixed the seal of said City this 17t~ day of June, 200. ._ ___ Lora 11~1eisiger, City Clerk City of Alameda CITY OF ALAMEDA RESOLUTION NO. ~; ~,~ ~~ ~~°~~ REAPPOINTING REBECCA L, KOHLSTRAND PARSONS AS A MEMBER OF ~-- ~~~~~ THE CITY PLANNING BOARD ~~~ ;~ ' .~ ~~ :~ fs. ~~ ~~ ~,. ~~~ ~ ~~~ ~ BE IT RESOLVED b the Council of the Cit of AI ,: ~ ~ y y amedathat ursuanttothe ~~~ -~~~ ~~~ p :,r~~, ~ tie .r ~~ ,~i ~~ ~ ,~~, provisions of Article X of the Charter of the Cit of Alameda and u on nomination o~ `~ ~ Y ~ p g ~~ :~~ ~~ttw:~: `k^.~t Yti a~~ yn:r ~~~~ ~ the Mayor, REBECCA ~., KOHLSTRAND PARSONS is hereby reappointed to the ~~~ office of member of the Planning Board of the City of Alameda for the term commencing July 1, 2000 and expiring on June 30, 2013 and to serve until her successor is appointed and qualified. ~~*~~~ 1, the undersigned, hereby certifythattheforegoing Resolution uvasdulyand regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled an the 1 Ot"day of June, 2000, b the follouvin vote to unit: y g AYES NOES: ABSENT: ABSTENTIONS: IN UvITNESS, vvHEREOF, I have hereunto set my hand and affixed the seal of said City this 1 ~t"day of June, 2009. ~Lara vlfeisiger, City Clerk City of Alameda CITY CFALAMEDARESC~LUTIDN N~, REAPPC~INTINGJCHN McCAHANASAMEMBER~FTHE PUBLIC UTILITIES BaARD ~~~~~ BE IT RESCL~IED by the Council of the City of Alameda that pursuantto ~~ _~ ~~ the provisions ofArticle X afthe Charterofthe City afAlameda, and upon ~a' ~~ nomination of the Mayor, JOHN McCAHAN is hereby reappointed to the office of member of the Public Utilities Board of the City of Alameda forthe term commencing July 1, ~DD9, and expiring on June 3D, ~D13, and to serve anti! his successor is appain~ed and is qualified, ****~* I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Cauncil of the City of Alameda in a regular meeting assembled on the ~ Dth day of June, 2D09, b the followin vote to wit; y g AYES NaES; ABSENT; ABSTENTIpNS; IN WITNESS, ~IVHERE~F, I have hereuntasetmy hand and affixed the seal ofsaid City this ~ 7~~ day of June, ZDD9. ~Lara ~lveisiger, City Clerk City of Alameda CITY C~FALAMEDA RESQLUTIC~N N~. REAPP~INTINGJC~NATHAN S~GLINASAMEMBER~FTHE SOCIAL SERVICE HUMAN RELATIONS BARD BE IT RESULVED by the Council of the City of Alar~eda that pursuant to the provisions of Article ~ of the Charter of the City of Alameda, and upon nomination by the Mayor, JONATHAN SaGLIN is hereby reappointed tothe office of memberaf the Social Service Human Relations Board of the City of Alameda for a term commencing July 1, 2009 and expiring on June 30, 2013, and to serve until his successor is appointed and qualified, ~~~*~* 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 16~~' day of June, 2009, b the followin vote to wit: Y g AYES NOES; ABSENT. ABSTENTIONS: 1N WITNESS, WHEREOF, l have hereuntosetn~y hand and affixed the seal of said City this ~ 7r~ day of June, 2009. _ __ ,Lara Weisiger, City Clerk City of Alameda o CITY OFALAMEDA RESOLUTION NO. ~ ~~ - ........m 's~ -~ ~~~~ REAPPOINTING CYNTHIA WASKO AS A MEMBER OF THE t~~~~. ,~ SOCIAL SERVICE HUMAN RELATIONS BOA ~~ RD ~~, ~~~~, ~f ~l' ~ ~I w~ ,Y = BE IT RESOLVED b the Council of the Cit of Af am ~~ ~ y y edathatpursuanttothe ~, ~,~ ~~~ ,. .rf ~ ~~ ~ '~.ru rovisions of Article X of the Charter of the ' ~~ ~~.~~ p City ofAlameda, and upon nom~nat~on b y ~, ~~ r5~~ ,„~ M°, the Itllayor, CYNTHIA IIVASK® is hereby reappointed to the office of member of the Social Service Human Relations Board ofthe City ofAlameda for a term commencing July 1, Zoo9 and expiring on June 30, X013, and to serve until her successor is appointed and qualified, *~~~~~ 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 16th day of June, 2009, b the foilowin vote to wit. y g AYES NoEs~ ABSENT; ABSTENTIONS: IN vIIITNESS, vVHEREOF, I have hereunto set my hand and affixed the seal of said City this 17th day of June, 2009. _____Lara II~leisiger, City Clerk City of Alameda CITY ~F AI~~Al~~~A Memorandum To. Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: June 1 G, 2DD9 Re: Hold a Public Hearing to Adopt a Resolution Authorizing Collection of Delinquent Integrated Waste Management Accounts by Means of the Pro art Tax Bills BACK~RC~IJN~ The Mate Public Resources Code and the Health anal safety Cade require praper disposal of all refuse and discarded materials, To ensure these required public health standards are met, the City requires all residential and commercial properties fie receive and pay tar Integrated Waste Management ~IWM} services, as provided by the City's franchise hauler, Alameda County Industries ACI}, Collection services may be paid by the property owner or a tenant; however, since 199G; the City has held property owners responsible fardelinquent accounts thatare unpaid by their tenants, In accordance with Chapter XXI, solid Waste and. Recycling, of the Alameda Municipal Code RAMC} and the Franchise Agreement CFA} befiween the City and ACI, ACI may assign delinquent 1WM accounts to the City far collectionthreugh the properkytax. Prior to assigning their rights to the pity, ACI is obligated to make at least four attempts to collect the delinquent accounts The Cifiy Council i~ required: to hold a public hearing prior to collecting through the property tax bill~~ ~n May 19, 2gD9, the City Council set June 1 C, 2009, as the date for this public hearing. DISCI~S~I~N ~n March 2~, 2DD9, ACI assigned. a list of ~4 delinquent lWM accounts, with an unpaid balance of X21,715.75, excluding penalties, interest, and City fees, to the City for collection. In accordance with the AMC, the City sent letters to the property owners that had delinquent accounts, requesting immediate payment by 5~OD p.m. an June 16, 2D49. Although not required, the City sent property owners two additional reminder letters prior to the hearing date. The letters stated that if payment were not promptly received, the City would consider collecting the delinquent accounts by means of the ra art tax bills, A cover sheet statin , "Important Notice, Please Read or Contact the p p y g Public Works Department at 7~9~584D for Information," translated into the six mast commonly spoken languages within the City, was included with each letter. pity ~~~n~il PubNi~ Hearing Agenda item #~~~ o~~~~.a~ Honorable Mayor and dune ~6, 2009 Members of the City Council Page 2 of 3 Since ACI's assignment of delinquent accounts to the City, ten delinquent accounts have been resolved, Four accounts have been paid in full, two accounts were removed from the list because they were erroneously reporked by ACI, and four accounts were removed as the properkies have changed ownership and the delinquent amount is no longer collectable via the property tax, Currently, 44 accounts remain delinquent, Pursuant to the AMC and the FA, the City is obligated to pay ACI for all delinquent accounts. Accounts that remain delinquent and are not approved for collection through the property tax bills are considered "bad debt," and could result in an increase to the rates in orderto recover the "bad debt," The total sum of unpaid delinquent charges consists of the unpaid balance and the City tees, City fees include interest, administration costs, and the consultant fee for filing with the County Auditor. The list of unpaid delinquent charges will be forwarded to the County anal played on the property tax bills, As the deadline for resolving delinquencies is 5OO p.m. on the day of the public hearing, an updated list of lien properties will be provided at the City Council meeting. A draft list is included as Attachment 1. FINANCIAL IMPACT The total amount due for this group of nonMpaid accounts, not including City fees, is $~ 1,22~~ The City receives a ~ o°/o franchise fee from ACI, which is revenue for the General Fund. The loss in General Fund revenue for the unpaid IvUM fees, as listed, is $~,?`22. Staff estimates fihe cost to administer this program is approximately ~~,000 per year, and the lien program is structured to provide full cost recovery for the past due accounts. Adoption of the resolution to collect delinquent charges on the property tax bill will result in a small increase in revenue to the General Fund, MUNICIPAL C~Dl~1PCLlCY I~oCUM~NT CRESS R~F~RENCF The City's IvvM Program is consistent with the General Plan Health ~ Safety l~lement Guiding, Policy 8.~.k and is consistent with the Waste and Recycling Initiative of the Focal Action Plan for Climate Protection. Honorable Mayor and Members of the City Council RECUMMENDATIGN June ~ 6, 2009 Page 3 of 3 Hold a public hearing to adopt a resolution authorizing collection o~ delinquent IvUM accounts by means o~the propertytax bins. Resp~ tf Ily submitted, ~~ Matthew T. Naclerio Public Works Director Approved as to funds and account a.aa ~~~. Glen a D Ja lnterim`~ finance Director ~y: ~~ .r Q~ s ~d~ ,, ~~ g "~ Marge McLean ~~~~,: Public Worl~s Coordinator MTN:MM:gc Attachment: ~. Lien list of properties cc: Louie Pellegrini, ACI TOTAL DUE APN SERVICE ADDRESS PRnPERTY ®UVNER ~ $ 498.39 072-0295-007 1115 BUENA VISTA AVE BENSON DOROTHY M $ 1,892.14 071-0246-025 1224 CHESTNUT ST GORMAN, WILL[AM $ 267.91 074-0443-010 537 PALACE CT #112 WELLS FARGO BK NA 2007-NCW103102109 $ 169.93 074-1044-032 104 SABLE PT US BANK NA 2005-A3 $ 271.13 074-1322-004 621 SHEFFIELD RD EWART SHEILA H $ 710.59 074-1255-104 1810 CLINTON AVE #A CAVANAUGH, JEFFREY &CARA $ 530.39 071-0232-008 2151 PACIFIC AVE CHIN, CHONG HU! $ 311.03 071-0282-005 1812 BUENA VISTA AVE ACOSTA, PAULINA & REMEDIOS $ 375.61 072-0331-020 1560 LINCOLN AVE #C DIXON, DOLORES $ 634.78 074-1255-104 1810 CLINTON AVE #B CAVANAUGH, JEFFREY &CARA $ 513.55 073-0423-010 1417 PAGE ST DAMS DONALD G J TRUST $ 541.5$ 070-0182-044 1076 PARK AVE DU CANH M $ 211.13 073-0392-003 1417 SA[NT CHARLES ST #A AUGUSTINE CONNIE $ 364.20 073-0392-003 1417 SAINT CHARLES ST #B AUGUSTINE CONNIE $ 426.25 074-0449-128 447 LINCOLN AVE DEL ROSARIO, JOSEF & ALMA $ 775.69 D74-1352-057 3 EGRET CT GUINTU, JESUS & RACHEL ~i~~ Co~r~~~l At$a~~~en~ t® pub~~c H~ar~ng ,q~~nd~ Item ~~~ v~p~ ~~o~ TOTAL DUE APN SERVICE ADDRESS PROPERTY OWNER s $ 558.08 071 0248-015 2029 CENTRAL AVE ONEILL MICHAEL & ROSALIE A $ 468.59 072-0297-003 1730 BUENA VISTA AVE JONES, PAMELA $ 656.08 059-0095-045 3261 CENTRAL AVE LEVERTON, PATRICIA $ 735.12 07441 D39-117 301 LAGUNARIA LN LEVERTON, PATRICIA J. $ 505.09 074-1270-062-01 717 PARU ST HALL, KEITH D $ 34.2.90 07441033-049 3422 SOLOMON LN HINES ROBERT $ 656.08 073-4383-017 1808 CHAPIN ST KASO, JOHN & E K $ 238.5 ~ 074.1038-099 122 AS BY BAY JONES ARTHUR C & SUSAN $ 336.23 070-D145-D20 2701 OTIS DR MERGED, EDUERDO $ 342.90 074-1352-042 5 PLOVER CT LIM JIMMY S $ 447.29 D74-1329-044 1850 KOFMAN PKWY JORDAN LAMONT $ 422.48 073-0388-019 1443 SANTA CLARA AVE #B CENTENO, ALEX & TAMARA 28?.48 73-4402-DD5-01 42 CENTRAL AVE KEEFE ENTS TRUSTOASSESSORS- KEEFE,DENNNIS JTRUST $ 249.53 071-0252y005 2021 PACIFIC AVE NAJDEK SAMUEL $ 402,59 070-0146-002 2708 WASHINGTON ST MERGED, EDUARDO $ 447,29 074y1325-112 6 SHANNON CIR SARASPI LISAD & MARCIANO TOTAL DUE APN SERVICE ADDRESS PROPERTY ~'~INER s $ 509.G4 074-1037-012 255 BEACH RD PASLEY, EVA $ 6S7~12 069-0136-012 1004 VERSAILLES AVE SVIlAIN, MICHAEL JR & RAINB~~1U $ 37492 071-0221-005 1709 4AK ST WILLIAMS STUART S $ 34290 074-1230-059 849 CEDAR ST CABRERA PETRA & JAIME $ 447,29 o7o-D 169-044 2.525 W EBB AVE PA1 N E MARC & TRAC I E $ 63225 070-0148-016 1109 PEARL ST TEDESC~, MICHAEL $ 473,00 474-0436-008 535 PACIFIC AVE #B SARASPI, LISA & MARCIANQ $ 31224 072W0329-024-01 1572 BUENA VISTA AVE #3 T~WATA CARL S.~WiENER JUDITH H. $ 39802 074.,1.038-006 205 BAYW4~D RD CHUNG, SHINAE $ 339.9 070-049-006 2716 SAN JOSE AVE NGUYEN, NG~CAHN N, $ 30655 072-0329-009 1591 PACIFIC AVE #A KOKA, M4T1 $ 8?927 190 W TRIDENT AVE KERUIIIN, STEVE $ 2~,?2.36 Includes all interest and administrative costs CITY ~F ALAMEDA RESOLUTIQN N~. AUTHORIZING CC~.LECTICN CJF DELINQUENT INTEGRATED WASTE MANAGEMENT ACCUUNTS BY MEANS GF THE PROPERTY TAX BILLS ~~ ,~ WHEREAS, pursuant to Alameda Municipal Code RAMC} Section 21-20.0, the amount of charges, penalty, and interest imposed is assessed against the property and, if not paid when due, shall constitute an assessment against the property and shall be a lien againstthe property; and WHEREAS, pursuant to AMC Section 3-X5.16, the Public vvorks Director shall file with the City Manager a written notice of those persons on whom the City will file liens; and WHEREAS, upon receipt of such notice, the City Manager shall present same to the City Council. NG~III, THEREFORE, BE lT RESOLVED by the Council of the City of Alameda and pursuant to Alameda Municipal Code Subsection 21-2o.Ob; 1. The City's Franchise Hauler, Alameda County Industries ~ACI}, has submitted a list of delinquent accounts and corresponding properties. ACI has established that each delinquent account is at least 60 days late in payment. 2. ACl has established that it sought collection for one year from the invoice date and has made at least four efforts to collect on the delinquent account. 3. On March 25, 2009, ACI assigned its right to the unpaid accounts to the City in writing. 4. City staff provided the City Council with a report and filed said report with the City Clerk listing each property and the amount due in unpaid charges, plus any penalties, interest, and other collection fees. 5. ~n May 19, 2009, the City Council set a public hearing for delinquent integrated waste management charges for June 16, 2009. 6. On April 21, 2009, May 22, 2009, and May 28, 2009, the City Clerk mailed a first, second, and third letter to each property owner requesting payment and stating that if payment were not received by 5;00 p.m, on June 1~, 2009, the City will hold a public hearing at 7;30 p.m, in the City Council Chambers to consider placing a lien on the property in order to collect the delinquent amount through the property tax bill. 7. On May 22, 2009, and June 5, 2009, the City Clerk published a legal Notice of the filing of the report as well as the time, date, and place for the public hearing to be held on June 16, 2009. 8. On June 15, 2009, the City Council held a public hearing and confirmed the staff report and directed City staff to forward to the County Auditor the total sum of unpaid delinquent charges including any penalties, interest, and other collection fees. *~*~~~ Resolution #6~R oop~~-o~ 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 ~~t~ day of June, X409, by the fallowin vote to g wit: AYES: NOES: ABSENT~~ A~SENTI~JNS: IN ti1vITNESS, ~HERE~F, I have hereunto set my hand and affixed the official seal of said City this ~7~~, day of June, X009. L~rallveisiger, City Clerk City of Alameda CITY ~~ AI~AM~DA Memorandum Toy Honorable Mayor and Members of the City Council From Ann Marie Gallant Interim City Manager Dates June 16, 2009 Re: Hold a Public Hearing to Adopt a Resolution Approving; the ~ngin~r's Report, Confirming Diagram anal Assessment, and Grdering Levy of Assessments Island Cit Landsca in and Li htin District $~_2 All .zones SAC KG RCS ~ N p Gn Februarys, 2009, in accordancewith the Landscapeand LightingAct~f ~9°T2,the City Council appointed an Engineer and an Attorney for the Landscaping and Lighting Assessment District ~LLAD~ 84w2 and authorized the preparation. of the Engineer's Repork. The CityCauncil also preliminarilyapprQved the Engineer"s Report, declared an intentonto order levy and collection of assessment, and set a hearing fortune ~~, 209. DISCUSSIGN The Engineer's Report has been prepared in accordance with Section 2~~~~ et Seq, ofthe California Streets and Highway Code. The repark provides an annual budget to maintain. the improvements within hones ~ through ? of LLAD ~4~2, A copy ofthe Engineer's Report is an file in the City Clerk's office, The purpose of an assessment district is to provide far enhanced maintenance not typically performed by the City. The Engineer"s Report provides an estimate of cost by each of the seven zones see .attached maps} to be addressed for fiscal year 2009/2010 A description ofthe zones and enhanced maintenance work is as follows zone 1 ~ Lincoln Avenue between Sherman Street and St, Charles Street; This zone is responsible for the maintenance of the landscaped median in the 1100 and 1200 blocks of Lincoln Avenue, including the utilities for operating the irrigation. For fiscal year 200912010, the property assessments will remain unchanged from the previous year's assessment banes 2 and ~ ~ Webster .Street from Central Avenue to l~incoln. Avenue and Webster Streetfrom Lincoln Ayenueto Atlantic Avenue: These two zones work togetherand fund landscape maintenance, semiannual sidewalk steam cleaning, and seasonal ~Nty ~~~snc~N Public Fl~~r~n~ ~A~en~d it~~ ~~~~ o~-~~~a~ Honorable Mayor and June 16, X009 Members of the City Council Page ~ of4 banners~decorations. In addition, the Uvest Alameda Business Association ~vUASA} oversees a $55,000 annual contract, funded by the zones, for daily litter and graffiti removal, cleaning afthe sidewalkand otherpublicareas, weekly mechanical sweeping of the sidewalk, and associated supplies. Assessments have remained unchanged sincethe early ~ 090s~ Currently, the revenues received through the assessments from these zones cover only 7~°/a of the total budgetfor~one 2 and 74°/a for~zone 3. As previously reported tothe City Council, the budgets for hones ~ and ~ have relied on reserve funds, accrued: whip the Webster Street Streetscape project was under construction, to Close the funding gap, In ~0~~', a ballot to increase assessments failed, ~a~ed on the current economic conditions, the UvA~A hoard is not supportive of pursuing an 'rncreaso in assessments for at least another too years. delaying an increase for an additional. two year, tQ fiscal. year X011 X201 ~, will require an immediate ar~d permanent redu~tinn of $5,00 from the current. maintenance expenses TheWASA Boardwill a~GOrnmo~ate~hi~red~ction byusing~ther funding sources ar reducing the contractor's sGOpe of ~orl~. lfi a~sessrnen~s are nc increased by fiscal year ~0~ ~120~~, additional reduction wily be required. staff hay n~~t with the NASA representatives and they support phis approach, done 4 -Park Street from the Park Street grid e to San .Jose Avenue includin areas of v1lebb Street Santa ClaraAvenue Lincoln Avenue and CentralAvenue: This zone funds landscape maintenance, semiannual sidewalk steam cleaning, supplies, and seasonal bannersldocorations. In addition, the zone, through the Park Street business Association ~PS~A},contributes approximately $5,000 to partially fund two, p~artMtime employees who perform litter and graffifii removal, and daily mechanical sweeping of the sidewalk and other public areas. Assessments have remained unchanged since the early ~ 09Qs. Historically, the revenues received from this zone have covered 79°l0 of the total maintenance budget, Similar to hones ~ and 3, the budget for done 4 has been relying on. reserve funds to cover the maintenance deficit. P~~A anticipated that a general. assessment increase would be considered forfiscal year~0091201~; however, they have revised their projections due to the current economic conditions. based an discussions with and concurrence by PSSA, the maintenance budget has been adjusted to be within the projected revenues, and reserve funds will not be used to subsidize these expenses. This will reduce the maintenance budget by $4,500 and result in a decrease in maintenance frequency. In addition, PSSA proposes to eliminate the installation and removal of the American flags along the Park Street corridor at a cost savings of approximately $1,000, PSSA intends ~o pursue outside funding for this work. Honorable Mayor and June 1 ~, X009 Members ofthe City Council Page 3 ofd Zane 5 ~ Harbor Ba Business Park: This zone funds irrigation and landscape maintenance costs withinthe HarborBayBusiness Park~HBBP},including tree trimming, sidewalk and pathway repairs, and street lighting maintenance casts, The budgetforthis zone is developed in conjunction with the HBBP Association. Based on previous approval by the property owners, an automatic Consumer Price lndeac CPI}increase can be applied to the assessment. for fiscal year ~ag~l~g1 a, the property owners have requested an allocation of $~5a,g~g from reservestofund a relandscaping projectforthe medians, The projectwill result in a reduction of sod with a reciprocal reduction in overall maintenance and utility costs, Recovery of cast is estimated at ten years. There will remain an unal~o~ated reserve of approximately $15a,a00. Staff concurs with this request. far fiscal year ~ga~l~a1 Q, the proposed property assessment includes an annual CPI increase of 1.~~°/~, which increases revenues by $~,7~~. Zone ~ ~ Alameda Marina Villa e Commercial Areas: This zone funds irrigation and landscape maintenance costs within the canlmercial areas of Marina Village, includingtree trimming, sidewalk and pathway repairs, street lighting maintenance, and energy costs, The budgetforthiszane isdeveloped in conjunction with the Marina Village Management group. Based on previous approval bythe proportyowners, anautomatic CPI increase is applied to fibs assessment. The proposed budget forthis district includes an annual ~Pl increase of 1,2g~/o, which increases revenues by $9,1 ~6. Zone 7 ~ 11 Og and 1 egg blocks of Ba Street: This zone was created at the request of the praper~y owners who wanted enhanced maintenance fortheelm trees along Bay Street. The revenues received from thiszone coverappraximately9g°/~ ofthetotal maintenance budget At the request of the property owners, the assessments are proposed to remain at $1 ~g per property. Bta~f supports this request, as there are sufficient longterm maintenance reserve funds available to fund the proposed maintenance budget. Forfiscal year ~gQg12Q1 Q, the property assessment will be $15D per property. FINANCIAL IMPACT The cost of maintaining the shoreline park and median area within Zone ~ is shared and budgeted in the PublicUVorks Departmentfor$13,Q11,the. Chuck Corica CalfComplexfear $13,011, and Recreation & Park Department for $15,ag0~ These costs are included within the operating budget for each department. Honorable Mayor and June ~6, X009 Members ofthe City Council Page 4 of4 MUNICIPAL CoDE1PDLICY DOCUMENT CROSS REFERENCE This action daes not affect the Municipal Code RECOMMENaATIGN Adopta resolution approvingthe Engineer's Report, confirmingdiagram and assessment, and ordering the levying of assessments far the Island City LLAD 54-2, all zones. Approved as to funds and account, ~. Glenda ay Interim 'ante Director Eye ~~~ ~ ~~ r~ Marge McLean ~~ ~, J,:,. 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CITY OF ALAMEDA RESOLUTION NOt APPROVING THE ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF `~~~- ASSESSI~(ENTS, ISLAND CITY LANDSCAPING AND LIGHTING '~ DISTRICT 84-2, ALL ZONES .~ .~ a~ ~ a mr WHEREAS, by its Resolution No. ~4~8~, a resolution directing preparation °of an Annual Report for Island City Landscaping and Lighting District ~LLAD} ~4-2, ~ ~~~ this Council designated the City Engineer, as Engineer of Work and ordered said Engineer of 11Vork to make and file a report in writing in accordance with and pursuant to the Landscaping and Lighting Act. of ~ 972; and WHEREAS, the report was duly made and filed with the City Clerk and duly considered by this Council and found to be sufficient in every particular, whereupon it was determined that the report should stand as the Engineer's Report for all subsequent proceedings under and pursuant to the aforesaid resolution, and that on Tuesday, June 16, 2ao9, at the hour of 7.30 o'clock p,m., in the regular meeting place of Phis Council, Council Chambers, Alameda City Hall, 2263 Santa Clara Avenue, Alameda, California, was appointed as the time and place for a hearing by this Council on the question of the levy of the proposed assessment, notice of which hearing was duly and regularly published; and IIUHEREAS, at the appointed time and place the hearing was duly and regularly held, and all persons interested, desiring to be heard, were given an opportunityta be heard, and all matters and things pertaining to the levy were fully heard and considered by this Council, and all oral statements and all written protests or communications were duly heard, considered, and overruled, and this Council thereby acquired ,jurisdiction to order the levy and the confirmation of the diagram and assessment prepared by and made a part of the Engineer's Report to pay the costs and expenses thereof. NOW, THEREFORE, IT IS RESOLVED, that. ~. No vote of the property owners is required because proposed increases are allowed based on previous approval of the property owners owning more than fifty percent of the area of assessable lands within the District. 2~ The public interest, convenience, and necessity require that the Ievy be made. 3, The District benefited by the improvements are to be assessed to pay the costs and expenses thereof, and the exterior boundaries thereof, are as shown by a map thereof f led in the office of the City Clerk, which map is made a part hereof by reference thereto, Resolution #6-C 06~~~-~9 4. The Engineer's Report as a whole and each part thereof to whit: ~a~ the Engineer of Work's estimate of the itemized and total costs and expenses of maintaining the improvements and of the incidental expenses in connection therewith; fib} the diagram showing the assessment district, plans, and specifications for the improvements to be maintained and the boundaries and dimensions of the respective lots and parcels of land within the District; and ~c} the assessment of the total amount of the cost and expenses of the proposed maintenance of the improvements upon the several lots and parcels of land in the District in proportion to the estimated benefits to be received by such lots and parcels, respectively, from the maintenance, and of the expenses incidental thereto; is finally approve and confirmed. ~. Final adoption and approval of the Engineer's Report as a whole, and of the plans and specifications, the estimate of the costs and expenses, the diagram and the assessment, as contained in the report, as hereinabove determined and ordered, shall refer and apply to the report, or any portion thereof, as amended, modified, or revised or corrected by, or pursuant to and in accordance with, any resolution or order, if any, heretofore duly adopted or made by this Council. 6. The assessment to pay the costs and expenses of the maintenance of the improvements is hereby levied. For further particulars pursuant to the provisions of the Landscaping and Lighting Act of 192, reference is hereby made to the Resolution directing preparation of Annual Report. 7. Based on the oral and documentary evidence, including the Engineer's Report, offered and received at the hearing,. this Council expressly finds and determines ~a~ that each of the several lots and parcels of land will be specially benefited by the maintenance of the improvements at least in the amount, if not more than the amount, of the assessment apportioned against the lots and parcels of land, respectively, and fib} that there is substantial evidence to support, and the weight of the evidence preponderates in favor of, the aforesaid findings and determination as to special benefits. 8. Immediately upon the adoption of this resolution, but in na event later than the third Monday in August following such adoption, the City Clerk shall file a certified copy of the diagram and assessment, and a certified copy of this resolution with the Auditor ofthe County of Alameda, Upon such filing, the County Auditor shall enter on the County assessment roll opposite each lot or parcel of land the amount of assessment thereupon as shown in the assessment roll opposite each lot or parcel of land the amount of assessment thereupon as shown in the assessment. The assessments shall be collected at the same time and in the same manner as County taxes are collected, and all laws providing for the collection and enforcement of County taxes shall apply to the collection and enforcement of the assessments. After collection by the County of Alameda, the net amount of the assessments, after deduction of any compensation due the Cauntyfor collection, shall be paid to the Director of Finance ofthis City. 9. Upon receipt of moneys representing assessments collected by the County, the Director of Finance of this City of Alameda shall deposit the moneys in the City Treasury to the credit of an improvement fund, which improvement fund the Director of Finance of this City is hereby directed to establish under the distinctive designation of the District. Moneys in the improvement fund shall be expended upon forthe maintenance of the improvements, ~~~~*~ 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 1fit~' day of June, 2009, by the following vote to wit. AYES; NDES: ASSENT: A~SENTI~NS. IN IIVITNESS, vvHERE~F, 1 have hereunto set my hand and affixed the official seal of said City this ~~t"day of June, X009. Lara vlJeisiger, City Clerk City of Alamed a CITYO~ ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Gate: June ~ Q, 2009 Re: bold a Public Dearing to Adopt a Resolution Approving the Engineer's Report, Confirming Diagram and Assessment, and ordering Levy of Assessments Maintenance Assessment District o~-off Marina Cove ~ACKGROI~NI Qn February 3, 2009, the City Council, in accordance with fihe Landscaping and Lighting Act of ~ 97~, appointed. an engineer and an attorney for fihe annual proceedings associated with Maintenance Assessment District 0~ -0~ Marina Cove}. The City Council also preliminarily approved the Engineer's Report, declared an intention fie order levy and collection of assessment, and sefi a hearing for June ~5, 2009. DC~CI~~~IGN The Engineer's Report provides the district budget for maintaining all improvements within the public right•of~way and the park area for the Marina. Cove subdivision shown ~n the attached map. The maintenance costs for the improvements were in~itiallydetermined in conjunction with the developer, utilising standard costs for work. Costs are spread to the parcels by a per square foot basis, used on previous approval by the property owna~s, an automatic Consumer Price Index ~CPI~ increase is applied fie the asses~man~ A ~ ,2op/~ increase in assessment, equal to the CPI increase for the fan ~'rancsoo Bay area, is proposed for this subdivision. No balloting is required, A copy of the ~nginear's Report is on file in the City Clerk's office. FINANCIAL IMPACT The total annual operating budget for this district is proposed afi $SG,873, which includes a reserve for longterm maintenance ofthe sea wall, streets, sidewalks, and otherfacilities, City costs associated with the management of the district and assessments are estimated at $7,27, which will be reimbursed by the district. There is no impact fie the General Fund, MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE The proposed action does not affect the Alameda Municipal Code. ~~~y ~~~n~i~ Pub~i~ He~rang A~end~ ~~~~ ~G~~ Honorable Mayor and Members of the City Council REC~MMENDATI~N June 1 G, 2009 Page 2 of 2 Hold a public hearing to adopt a resolution approving the Engineer's Report, confirming diagram and assessment, and ordering levy o~assessments, Maintenance Assessment District o~ -0~ Marina Cave}, Approved as to funds and accounts, ley: ,,~ ~~ ~~~~ Marge McLean .~ Public vllork Co r~ t ~ o na or MTN:MM:gc r-~ _ _.. Glenda D Ja Interim Finan Director Attachment ~~ Marina Cove subdivision Map 4 ~ ~' ~ ~~ 4 G A . ~1 cc 4` ~ , `~ J ,~°" ~ s. ~ ~ .y t~ ~ ! [ _' y.. / /'~ ~~ ~ ~~ ~ •~ ~~ N ~ ^~ ~ ~- sr" C;l E"- ~. ~.. ~' , ~~ r i ~_ F+r ,.d y7 >I ~ ~ ~y~ I i ~ I~I 7 r~ ~~ ,~ , C r- ~ . h i ~ ~ r , ~ ~i ~ .I ~ ~ ~1 ,~ ~ fit) 31 ~.~~,' ~/S ` ~ , ~~ ~ ~ ' .~Y,.. s pl i M'r ~~ _ ,. ., , ~' ~ # 1 ~ 1 ~s f ..3 ~....~ ~ ~ ...~,. .~ ~ .ATM ~, .~` ~ ~, ~ , 1~ .f ~ p ~E f~ ~ ~i ~ 's ~ i II. S. ~ ~ to s ~ ~ i .-. .- r .•• ~ «.I ~ .r~ f . y. r n. . ..3 S } 1 r .i r....~i r 6 ~ , ~ lff~~.iE ~ ~ ~ ~ ;~l.ii„ .li s, I sr ~ , r- ~ ~ > .'~ ~ r 5 ' 0 ' r ~ ~ , ' ~ ~ ~ , ;, „. J ~ ~ ~ ~ ~ ~ ~ ,' ~~ ~ i {{~~,~, Y3 tJ ,~ ey ~ , C { ~ ~ 4,1 ~ ~ ~ f.r_ ~4~~' ~ ~ ~ ~ ~ f . ~ w ~ ~ 1~ ~ ~ ~ ~ ~i ley ~ q ~ 'ir• _~i 5. ~ ce ~ ~ ~ ~ 1 ~~ ' Mw T}1~1~ 7R ~1 ~ ~ ~ ~ M ~i. ~ R~ f ~' 1~F1 u . ~• Q r iJ yi]y~ A 5G' ~ ~~ ~ }y[y.( d I ~~ ..f ~M~~ ` ~ L7 JJtt~~++~ y'' . ~~, ~.! ~ ~ t '~`+ r 1 ~ y ~ 1 , y 47 , L ~ ~° ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~i~y ~~nncil A~~achm~nt t~ public ~I~a~ing Aganda ~~~~ #~-U a~M~ ~~o~ ~~~ ~~~ ~~ ~. _~ ~~g~ CITY OF ALAMEDA RESOLUTION NO. .~ APPR0111NGTHEENGINEER'SREPORT,CONFIRMINGDIAGRAM ~~~ AND ASSESSMENT AND ORDERING LEVY OF ASSESSMENTS, ~~ MAINTENANCE ASSESSMENT DISTRICT 01-01 MARINA COVE 7 .` WHEREAS, by its Resolution No. 14182, a resolution directing preparation ofan Annual Reportfor MaintenanceAssessment District01~01 Marina Cove}, this City Council designated the City Engineer, as Engineer of Illlork and ordered said Engineer of Work to make and file a report in writing in accordance with and pursuant to the Landscape and Lighting Act of 1972; and WHEREAS, said report was duly made and flied with the City Clerk and was presented to the City Council for consideration; and WHEREAS, said Council considered said report and each and every part hereof and found that it contained all the matters and things called for by the provisions of said Code and said Resolution No. 14182, including; ~1 } plans and specifications of the existing improvements and proposed improvements, X27 estimate of costs ~3} diagram of the district, and ~4} an assessment according to the benefits, all of which was done in the form and manner required by such Code; and WHEREAS, it was determined that the report should stand as the Engineer's Repar~ for all subsequent proceedings under and pursuant ~o the aforesaid resolution, and that on Tuesday, June 16, 2009, at the hour of 730 o'clock p.m., in the regular meeting place of this City Council, Council Chambers, Alameda City Hall, 2263 Santa ClaraAvenue, Alameda, California, was appointed asthetime and ~ place for a hearing of protests in relation to the formation of a maintenance assessment district pursuant to the City of Alameda's Maintenance Procedure Code, to said proposed improvements and the levy of the proposed assessment; and WHEREAS, it appears that notices of said hearings were duly and regularlypubiished and mailed inthetime, form and manner required by said Cade, as evidence by the affidavits and certificates on file with said City Clerk; and WHEREAS, persons interested in objecting to the formatian of said maintenance assessment district, or of said improvements, including the maintenance or servicing, or both, thereof, or to the extent of the maintenance assessment district, or any zones therein, or to the proposed assessment or diagram, or to the Engineer's estimate of costs thereof, were given an opportunity to be heard, and all matters and things pertaining to the levy were fully heard and considered by this City Council, and all oral statements and all written protests arcommunications were duly heard, considered and overruled, and this City Council, thereby acquired jurisdiction to order the levy and the confirmation of the diagram and assessment prepared by and made a part of the Engineer's Report to pay the costs and expenses thereof; Resolution #6.Q oG~16.09 NOVV, THEREFORE, lT IS RESOLVED, that 1. The properfiy owners owning more than 5o°/Q of the area of assessable lands within the District had not, at the conclusion of the hearing, filed written protests against the proposed levy, as a whole or as to any part thereof, or against the District or the extent thereof to be assessed for the costs and expenses of the levy as a whole, or as to any part thereof, or against the Engineer of ~IVork's estimate of costs and expenses, in whole or in part, ar against the ma s and p description, in whole or in part, or against the diagram or the assessmentto payfor the costs and expenses thereof, in whole or in part. ~. The public interest, convenience, and necessity require that the levy be made. 3tl The District benefited bythe improvements and will beassessed for said costs far the construction or installation of the improvements, including the maintenance or servicing, or both, thereof, are situated in the City of Alameda, California, the exterior boundaries thereof, are as shown by a map thereof filed in the office of the City Clerk, which map is made a part hereof by reference thereto. 4, That said district be, and is hereby designated as "City of Alameda Maintenance Assessment District 0~-01" by which name it shall hereafter be referred to in all subsequentproceedings, including proceedingsforthe levyand collection of assessments. 5. The Engineer's Reportas awhaleand each partthereof, towhit; ~a} The Engineer of work's estimate of the itemized and total costs and expenses of maintaining the improvements and of the incidental expenses in connection therewith; fib} The diagram showing the assessment district, plans, and specifications for the improvements to be maintained and the boundaries and dimensions of the respective lots and parcels of land within the District; and ~c} The assessment of the total amount of the cost and expenses of the proposed maintenance of the improvements upon the several lots or parcels of land inthe district in proportion totheestimated benefitsto be received by such lots and parcels, respectively, from said improvements, including the maintenance orservicing, arboth, thereof, and ofthe expenses incidentalthereto, is finally approved and confirmed. 5. Based on the oral and documentary evidence, including the Engineer's Report, offered and received atthe hearing, this Council expresslyfinds and determines ~a}that each ofthe several lots and parcels of land will be specially benefited by the maintenance of the improvements at least in the amount, if not more than the amount, of the assessment apportioned against the lots and parcels of land, respectively, and ~b}that there is substantial evidencetosupport, and theweightof the evidence preponderates in favorof, the aforesaid findings and determination as to special benefits. 7. Upon the adoption of this resolution, but in no event laterthan the third Monday in August following such adoption, the City Clerk shall file a certified copy of the diagram and assessment and a certified copy of this resolution with the Auditor of the County of Alameda. Upon such filing, the County Auditor shall enter on the County assessment roll opposite each !ot or parcel of land the amount of assessment thereupon as shown in the assessment roll opposite each lot or parcel of land the amount of assessment thereupon as shown in the assessment. The assessments shall becollected at thesametimeand inthesamemannerasCounty taxes are collected, and all Taws providing for the callection and enforcement of County taxes shall apply to the collection and enforcement ofthe assessments, After collection by the County of Alameda, the net amount of the assessments, after deduction of any compensation due the County for collection, shall be paid to the Director of Finance of this City, 8. Upon receiptafmoneys representing assessments collected by the County, the Director of Finance of this City of Alameda shall deposit the moneys ~n the City Treasury to the credit of an improvement fund, which improvement fund the Director of Finance of this City is hereby directed to establish under the distinctive designation of the District, Moneys in the improvement fund shall be expended upon forthe maintenance of the improvements, ~~*~*~ 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alanneda in a regular meeting assembled on the 10th day of June, 2009, b the foilowin vote to wit: y g AYES. NOES: ASSENT: ABSENTI~NS; IN IIIIITNESS, vUHERE~F, I have hereunto set my hand and affixed the official seal of said City this 11t~ day of June, 2009, Lara Weisiger, City Clerk City of Alameda COUNCIL REFERRAL FORM (To be submitted to the City Clerk) Name of Council member requesting Referrals Frank Matarrese Date of submission to City Clerk must be submitted before 5:00 p.m. nn the Monday before the week of the Council meeting requested}; June 05, ,2009 Re nested Council Meetin date to consider Council Referral. r X009 q g ~ June 6 Briefdescription of the subjectto be printed on the agenda, sufficient to inform the City Council and public of the nature of the Council Referral: Reuse ~f the Carnegie Library Given the future for staffing and the budget for the Building and Planning department, the previous need and the means to fund renovate may no longer be applicable oravailable. In order to the Carnegie Library back Into public use, this referral requests Council discussion and re-considerafiion of its prior vote far the future use of the Carnegie Library with potential direction to the City Manager to explore alternative uses. The following points are offered for this discussion Consider leasing the building to the Alameda Museum with, among other requirements, the following conditions • The Alameda Museum would fund necessary repairs to allow occupancy afthe building and defined operating costs forthe life of a lease negotiated with the City ® The City would contribute the use of the building in place of the previously budgeted cash subsidy Council Referral #8~A a6^~a-aa ,, ~,~ ~ ~ ~ X494 K Street, Suite 400 • Sacramento, California 95814 r ~° ~ ~ Phone: 916.658.8200 Fax: 916,658.824D ,... ..i'~ ,;~~~~.~ i~~~:;~°~ I'.:~~. ~rww.cacifies.org Council Action Required by August Z1, ZOOS Ju~ae 5, 2009 T~: Mayors, City Managers and City Clerks RE: DESIGNATION (~F V~T1NG DELEGATES .AND ALTERNATES League of California Cities Annual Conference -September 16-18, San Jose The League's 2009 Annual Conference is scheduled for September 1G-1$ in San Jose. An important part of the Annual Conference is the Annual Business Meeting, scheduled for 3 :15 p.m., Friday, September 1$, at the San Jose Convention Center. At this meeti~ag, the League membership considers and takes action on resolutions that establish League policy. In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Youx city may also appoint up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity. In order to establish voting delegatelalternates'recnrds prior to the conference, please complete the attached Voting Delegate form and return it to the League's office no later than Friday, August 2~, 2009. Please note the following procedures that are intended to ensure the integrity of the voting process at the Annual Business :Meeting, Action by Council Required. Consistent with League bylaws, a city's voting delegate and up to two alternates must be designated by the city cauncil, when completing the attached Voting Delegate form, please attach either a co of tlae council resolution that reflects the council action taken or have our ci clerk or ma or si n the form affirming that the names provided are those selected by the city council, Please note that deli natin the votin dele ate and alternates must be done b cit council action and cannot be accom lished b individual action of the ma or or ci mana er alone. Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Zn order to cast a vote, at least one person must be present at the Business Meeting and in possession of the voting delegate card, Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegate Desk. This will enable them to receive tl~e special sticker on their name badges that will admit them into the voting area during the Business Meeting, -mnre- Council Communication #9-A ~~-~ 6-09 • Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card naay be transferred freely between the voting delegate and alternates,, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. • Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area wi11 be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges. Tl1e Voting Delegate Desl~, located in the conference registration area of the San Jose Convention Center, will be open at the following times: Wednesday, September 1 G,10:00 a.m.; Thursday, September 17, 7:30 a.m.; and September 18, 7:30 a.m. The Voting Delegate Desk wi11 also be open at the Business Meeting, but not during a roll call vote, should one be undertaken. The voting procedures that will be used. at the conference are attached to this memo. Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city's voting delegate and alternates, once again, thank you for completing the voting delegate and alternate form and returning it to the League office by Friday, August 21st. If you have questions, please call Mary McCullough at ~91G~ G58-5247. Attachments: • 2009 Annual Conference Voting Procedures • .Voting DelegatelAlternate Form h. ~ ,, , ~`~~~~ ~ ~ 1400 K Street, Sure 400 ®Sacramento, Calitornia 95814 ~A° .~ ~. ~~ ~~ Phone. 916.558.8200 Fax: 916,658.8240 ..~ . .,> ~ ~,~~~`~ ~.f ~ r:~ i~ ~ ~ ~. www.cacities.org ~, .~ Annum Conference Voting Procedure Zoo9 .Annual Conference 1. ®ne City one Vote. Each member city has a right to cast one vote on matters pertaining to League policy. 2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified. on the Voting Delegate Form provided to the League Credentials Committee. 3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up tlae city's voting card at the Voting Delegate Desk in the conference registratio~a area. Voting delegates and. alternates must sign in at the Voting Delegate Desk, Here they will receive a special sticker on their name badge and thus be admitted to the voting area at tl~e Business Meeting. 4. Signing initiated Resolution Petitions. only those individuals who are voting delegates ~or alternates and who have picked up their city's voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk may sign petitions to initiate a resolution. 5. Voting. To cast the city's vote, a city official must have in his or her possession the city's voting card and be registered. with the Credentials Committee. The voting card maybe transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate. G. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card will sit in a separate area. Admission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate, 7. Resolving Disputes. In case of dispute, tl~e Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting. ~~ ~ • ~ ~~ ,~; ',~~;:. J:r .. , .. CITY: Zoo9 ANNUAL CONFERENCE V[~TING DELEGATEIALTERNATE FARM Please complete this form and return it to the League office by Friday, Au ust Z1 2009. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annu11 Conference Registration Area. Your city council may designate one votin date and up to two alternates. ~~ uniuemni~r i i nunun® In order to vote at the Annual Business Meeting, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerl~ may sign this form, affirming that the designation reflects the action taken by the council. Please note; Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this special area will be limited to individuals voting delegates and alternates} who are identified with a special sticker on their conference badge. This sticl~er can be obtained only at the Voting Delegate Desk. 1. V[~TING DELEGATE Name: Title: ~. VOTING DELEGATE -ALTERNATE 3. VOTING DELEGATE -ALTERNATE Name: Name: Title: Title: PLEASE ATTACH CUUNCIL RES®LUTI~N DESIGNATING V®TING DELEGATE AND ALTERNATES. aR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternates}. Name: E-mail Title: Phone: Date : Please complete and return by Fridav, August 21 to: :League of California Cities FAQ: X91 G} G58-~~40 ATTN: Mary McCullough E-mail: mccullom@cacities.arg 1400 K Street ~91G) 658-8247 Sacramento, CA 9 5 814 Vatiz~bUelegateLette~•{]9,doc