Resolution 14359CITY OF ALAMEDA RESOLUTION NO. 14359
APPROVING A FOURTH AMENDMENT TO THE AGREEMENT
FROM THE CALIFORNIA STATE COASTAL CONSERVANCY TO
IMPLEMENT SPARTINA ERADICATION AND MITIGATION
MEASURES AND AUTHORIZE THE INTERIM CITY MANAGER TO
EXECUTE ALL REQUIRED DOCUMENTS
WHEREAS, the California State Coastal Conservancy
(Conservancy) and the City of Alameda (City) executed a Partnership Agreement
(Agreement) on August 22, 2005, to undertake invasive Spartina treatment and
eradication activities and public outreach related to these activities along the
shorelines of Alameda in the amount of $38,093; and
WHEREAS, the City and the Conservancy executed an amendment
to this Agreement on June 22, 2006, for an additional disbursement to the City not
to exceed $39,080 for invasive Spartina treatment and eradication activities in
2006; and
WHEREAS, the City and the Conservancy executed a second
amendment to this Agreement on May 15, 2007, for an additional disbursement to
the City not to exceed $68,500 for invasive Spartina treatment and eradication
activities in 2007; and
WHEREAS, the City and the Conservancy executed a third
amendment to this Agreement on June 13, 2008, for an additional disbursement to
the City not to exceed $57,000 for invasive Spartina treatment and eradication
activities in 2008; and
WHEREAS, the encumbered balance available to the City under this
Agreement is $69,927 for invasive Spartina treatment and eradication activities;
and
WHEREAS, the Conservancy has requested the City include an
updated termination clause that informs the contractor that the Conservancy may
terminate or suspend the Agreement before the project is complete and that the
Conservancy shall be responsible for any reasonable and non - cancelable
obligations incurred by the City up to the date of the notice to terminate or
suspend; and
WHEREAS, the Conservancy has authorized the City to continue
implementation of invasive Spartina treatment and eradication projects through the
summer of 2010, under the Invasive Spartina Project (ISP) Spartina Control
Program, fifth phase, 2009; sixth phase, 2010; and
WHEREAS, the ISP and implementation of the Spartina Control
Program remain consistent with Public Resources Code Sections 31160-31164;
and
WHEREAS, on June 28, 2005, July 26, 2005, August 17, 2005, July
19, 2006, June 21, 2007, June 28, 2007, July 12, 2007, August 16, 2007, and July
9, 2008, public meetings were held to inform the public about the proposed
Spartina control efforts. Attendees were supportive of the proposed project but did
express concerns about herbicide usage and the residual habitat effects. Overall,
attendees were in favor of the proposed action plans. Staff will continue to provide
the public with up -to -date information regarding proposed actions to control
invasive Spartina along the Alameda shoreline; and
WHEREAS, the City shall carry out the project in accordance with
the Agreement, site- specific plans and treatment, and outreach work programs to
be approved by the Executive Officer of the Conservancy pursuant to the
Agreement; and
WHEREAS, the City shall provide any funds, subject to appropriation
by the City Council of Alameda, beyond those granted under the Agreement which
are needed to complete the project; and
WHEREAS, the Conditions Precedent to Commencement of Project
and Disbursement and Additional Grant Conditions shall be met before the City
shall commence the project and the Conservancy shall be obligated to disburse
any funds under the Agreement;
NOW THEREFORE, BE IT RESOLVED, that the City approves a
fourth amendment to the Agreement from the Conservancy to implement Spartina
Eradication and Mitigation Measures and authorizes the Interim City Manager to
execute all required documents.
1, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City of Alameda during the Regular
Meeting of the City Council on the 7th day of July, 2009, by the following vote to wit:
AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam
and Mayor Johnson - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the official seal of
said City this 8th day of July, 2009.
Lara Weisiger, City
City of Alameda