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2009-07-07 Packetf, .: ~ `{ ~ ~ -,:..,_~~~:~~~,~~. CITY ~F ALAM~I~A ~ .~LIF~RN.~A SPECIAL MEETING OF THE CITY COUNCIL TUESDAY-~--JULY 7, 2009-~--6;oQP,M, Time; Tuesday, July 7, 2009, ~;oo p,m, Place ; Cif ~oun~i~. ~h~~r~ ~~n£~~~n~~ ~~~n, Czty Hall, corner of Santa Clara Avenue and oak Street. ~lrronr-~~ 1. Roll Call -- City Council 2, Public Comment on Agenda Items only Anyone wishing to address the Council on agenda items only, nay speak for a maximum of 3 minutes per ite~. S. Adjournment to Closed Session t0 consider; 3-A..CO~TFER~NCE KITH LEGAL COUNSEL - ANTICIPATED LITIGATION Sign~..ficant exposure to lita..gation pursuant to subdivision ~b~ of Section 5495,9 Number of cases; Two 3-B, CONFERENCE wTTH REAL PROPERTY NEGOTIATQRS X54956.8} Property; x.855 N. Loop Road and 1 Clubhouse Memorial Drive Negotiating parties: City Manager and ~~arbor Bay Isle Associates Under negotiation. Price and terms 4, Announcement of Action Taken in Closed Session, if any 5. Adjournment _ City Council .. ~~~~ . Housing Authority of the City of Alall~eda 701 Atlantic Avenue - Alameda, Califo~•nia 94501-21 G 1 -TEL: X510) 747-4300 -FAX; (510) 522-7845 - TDD: X510) 522-8407 .AGENDA DATE ~ T[ME LOCATION REGULAR ~IEET[NG GF THE D~ARD 4F ~4MI~1[SS[®NERS Tuesday, July 1, 2009,1d2~ PM City Hall, Council Chambers, Roam 390, 2263 Santa Clara Ave., Alameda, CA Vvefcome to the Board of Commissioners of the Housing Authority of the City of Alameda meeting Regular Baard of Commissioners meetings are held on the first Tuesday of each quarter in the Council Chambers at City Hall Public Part~i,ci ation Anyone wishing to address the Board on agenda items or business introduced by Commissioners may speak for a maximum of three minutes per agenda item when the subject is before the Board. Please file a speaker's slip with the Housing Authority Executive Director if you wish to address the Baard of Commissioners. PLEDGE OF ALLEGIANCE ~e RILL CALL -Board of Commissioners 2. CONSENT CALENDAR ~ Consent Calendar items are considered routine and will be approved or accepted by one motion unless a request for removal for discussion or explanation is received from the Board of Commissioners ora memberofthe public, 2-A. Minutes of the Regular Board of Commissioners meeting held April 7, 2009 Acceptance is recommended. Regular Meeting of the Board of Commissioners July 7, 2009 Page 2 2-B. Approve Awarding a Contract to Gverland Pacific ~ Cutler, Inc. for Relocation Services for an Amount Not to Exceed X157,000, and Autharize the Executive Director to Execute the Contract. 2-C. Award a Contract to Tree Sculpture Group, Inc. for tangoing Landscape Maintenance Services Starting July S, 2009, for $99,096, and with the Option to Renew the Contract for Up to Two Additional Cne-Year Terms with Increases of 2 Percent the Second Year and 2.5 Percent the Third Year, Contingent Upon Funding and a Good Contractor Performance Evaluation; and Authorize the Executive Director to Execute the Contract. 3. AGENDA 3-A. Acquire Two Housing Complexes from the Filipino American Community Services Agency at 745 Lincoln Avenue and 1416 Sherman Street in Alameda. 1. Approve the acquisition of 745 Lincoln Avenue and 1416 Sherman Street from the Filipino American Community Services Agency; and 2. Approve setting up a loan with Housing Authority reserves in the amount of $360,000 at 4°/a interest amortized over 30 years; and 3. Explore other financial institutions for a loan or loans with favorable rates and terms; and 4. Authorize the Executive Director to execute the loan documents and close escrow forthe acquisition of these two properties. 4. ORAL COMMUNICATIONS, Non-Agenda (Public Comment) 5. COMMISSIONER COMMUNICATIONS, (Communications from the Commissioners) 6. ADJCURNMENT ~~* Note: Materials related to an item on this agenda submitted to the Doard of Commissioners after distribution of the agenda packet are available for public inspection in the Housing Authority of the City of Alameda, 701 Atlantic Avenue, Alameda, CA 94501 during normal business hours. Sign language interpreters will be available on request. Please contact Carol vlleaver, Secretary, at 747-4325 voice or 522-8467 TDD at least 72 hours before the meeting to request an interpreter. Accessible seating for persons with disabilities including those using wheelchairs is available. ~` Minutes afthe meeting are available in large print.. Audiotapes of the meeting are available on request. Please contact Carol cleaver at 747-4325 voice of 522-5467 TDD at least 72 hours prior to the meeting to request agenda materials in an alternative format, or any other reasonable accommodation that may be necessary to participate in and enjoy the benefits of the meeting. ~~ `r r~ :r~~ i ,,11 p V 7f '.yn ~ e~l,~~ ~ \ V ~1~ ~ ~':t~rYal~,,ti }~;`3ti°" 'v~ ~ I ~' ~ ~ F A L .~ M ~ I~ A ~ ~ A IJ I F ~ ~ N I A .~ ~~,y~r,r ~ ,hs`~'~~ ~~'?i~~~~~ SPECIAL JOINT MEETING OF' THE CITY COUNCIL AND ____. COMMUNITY IMPROVEMENT COMMISSION 4CIC} TUESDAY ~- - ~- JULY 7, 2Q0~ ~- -~ - 7 ; 27 P.M, Location , ~~,~ Co~nca.l Gh~a~~s, City Hall, Corner o f Santa Clara Avenue and Oak Street. Public Part.~cipation Anyone wishing to address the Council/Commission on agenda items or business introduced by the Council./Commission may speak far a maximum of ~ minutes per agenda item when the subject ~.s before the Council/Commiss.~..on. Please f.le a speaker ~ ,~ slip with the Deputy City Clerk if you wish to speak, 1. ROLL CALL -~ City Council, CIC 2. MINU~'ES 2~-A. Minutes of the Special Joint CIC and Housing .A.utharity Board of Commissioners Meeting and the special Joint City Council and Alameda Reuse and Redeve~..opment Authority and Annual CIC Meeting Held on June 15, 2009, City Clerk} [City Council/CzC~ 3. AGENDA ITEMS 3-A. Public Hearing to Consider the Community Improvement Commiss~.on' s Report to the City Council, Recommendations of the Plann.~ng Board, Recommendations of the Econom.lc Development Commission, and All Evidence and Testimony for and Against the Proposed Ninth Amendment to the Community Improvement Plan for the Business and Waterfront Improvement Project and the Proposed Seventh Amendment to the Commun~.ty Improvement Plan for the west End Community Improvement Project; Introduction of Ordinance Amending the Community Improvement Plans for the Business and waterfront improvement Project and the west End Community Improvement Project to Make Technical Clarifying Changes. CC~.~y Counci~,~ ; and • Public Hearing to Consider Hearing All Evidence and Testimony for and Against the Adoption of the Proposed Amendment. ~CIC~ Development Services} ~. .ADJOURNMENT ~ C.~ty Council IC verly J yor Chair, CI AGENDA Special Meeting of the Governing Body of the Alameda Reuse and Redevelopment Authority ~~~~~~~~ Alameda City Hall C®uncil Chamber, Roam 394 2263 Santa Clara Avenue Alameda, CA 9454 ~ . R®LL CALL 2. CONSENT CALENDAR Tuesday, July 7, 2449 IVleeting will begin at 7:~9 p.m. Consent Calendar items are considered routine and will be enacted, approved or adopted by one motion unless a request for removal for discussion or explanation is received from the Board or a member of the public. ~-A. Approve the minutes of the Regular Meeting of June 3, 2009. Z-B. Authorize Negotiation and Execution of a Sublease for Vigor Marine, LLC at Alameda Point. 2-C. Authorize Negotiation and Execution of a Sublease Renewal for Bay Ship & Yacht Co., Inc. at Alameda Point, 2-d. Authorize Negotiation and Execution of a Sublease Renewal for Puglia Engineering of California, Inc. at Alameda Point. 3. REGULAR AGENDA ITEMS None. 4. ®RAL REPORTS 4-A. Oral reporfi from Member Matarrese, Restoration Advisory Board (RAB) representative Highlights of June 4 Alameda Point RAB Meeting. 5. ORAL COMMUNICATIONS, NON-AGENDA (PUBLIC COMMENT) (Any person may address the governing body in regard to any matter over which the governing body has jurisdiction that is not on the agenda.) G. COI~I~UNICATlONS FROM THE GOVERNING E®DY 1. ADJOURNI~IENT This meeting will be cablecast live on channel '15. Notes: ® Sign language interpreters will be available on request. Please contact the ARRA Secretary at 749W58oo at least 72 hours before the meeting to request an interpreter. Accessible seating for persons with disabilities including those using wheelchairs} is available. Minutes of the meeting are available in enlarged print. Audio tapes of the meeting are available for review at the ARRA offices upon request. ~~~a~'~~ f~:u~~~u^ ~'~ `•~ r '~~, ~v f~ S `f f) .~ ~. ~ N ~~ n. `~ ~~ ~ ;, b ~~ ^ ,~,.~<, 1, ~.' 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. Zengthy testimony should be submitted in writing and only a summary of pertinent points presented verbally. 3. Applause and demonstration are prohibited during Council meetings. AGENDA -~ ~- ~- - - - - - - - - REGULAR MEETING OF THE CITY COUNCIL TUESDAY - - - _ - - JULY 7, 2D09 - - - ~- 7:30 P.M. [Note: Regular Council Meeting convenes at 7;30 pm, City Hall, Council Chambers, corner of Santa Clara Ave and Oak St] The Order of Business for City Council Meeting is as follows: 1. Roll Ca11 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 Council. Please file a speaker's slip with the Deputy City Clerk if you wish to address the City Council SPECIAL METING OF THE CITY COUNCIL ~:DO P.M. CITY COUNCIL CHAMBERS CONFERENCE ROOM Separate Agenda Closed Session} REGULAR MEETING OF THE HOUSING AUTHORITY BOARD 7:25 P.M. OF COMMISSIONERS, CITY COUNCIL CHAMBERS - Separate Agenda SPECIAL SOINT MEETING OF THE CITY COUNCIL AND 7:27 P.M. COMMUNITY IMPROVEMENT COMMISSION, CITY COUNCIL CHAMBERS Separate Agenda SPECIAL MEETING OF THE ALAMEDA REUSE AND 7:29 P.M. REDEVELOPMENT AUTHORITY, COUNCIL CHAMBERS - Separate Agenda 1. RCLL CALL -- City Council 2. AGENDA CHANGES ~. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS 3~-A. Presentation of Certificates of Service to Toby Berger, Commission on Disability Issues; Randall Miller, Historical Advisory Board; Nancy Gormley, Housing Commission; Margaret McNamara, Planning and Building Director; Ruth Belikove and Dr. Alan Mitchell, Library Board; and John Knox white, Janet Lee and Eric Schatmeier, Transportation Commission. City Clerk} 4. CONSENT CALENDAR Consent Calendar items are considered routine and will be enacted, approved or adopted by one motion unless a request for removal for discussion or explanation is received from the Council or a member of the public 4-A. Minutes of the Special Joint City Council and Public Utilities Board Meeting, and the Regular and Special City Council Meetings held on June l6, 2009. City Clerk} 4-B. Bills for ratification. Finance} 4-C. Transmittal of Certificate of Sufficiency of an Initiative Petition Entitled "Fire and Emergency Medical Services Minimum Protection." City Clerk} 4-D. Recommendation to Accept the Work of D'Arcy & Harty Construction, Inc., for the Cycl~..c Sewer Replacement Project, Phase 5, No. P.W. 10-06-22. Public works} 4~-E. Adoption of Resolution Authorizing the Filing of an Application for Federal American Recovery and Reinvestment Act of 20x9 Funding for Certain Streets Rehabilitation, and Stating the Assurance to Complete the Project Buena Vista Avenue}. Public Works? 4-~F. Adoption of Resolution 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 Re aired q Documents. Public Works? 4-G. Adoption of Resolution Requesting and Authorizing the County of Alameda to Levy a Tax on All Real and Personal Property in the City of Alameda as a Voter-Approved Levy for the General Obligation Bonds Issued Pursuant to a General Election Held November 7, 2DDD. Finance} 5. CITY MANAGER COMMUNICA,T,IONS Communications from City Manager} 5-A. State Budget Update 5-B. Sales Tax Appeal Status Report 5-C. Other Post Employment Benefits ~OPEB} Funding-Status of Validation Suit G. REGULAR AGENDA ITEMS 6-A. Public Hearing to Consider Adoption of Resolution Amending Master Fee Resolution No. 12191 to Revise Fees. Finance} 6-B. Introduction of Ordinance .Amending the Alameda Municipal Cade by Amending Subsection 3-28.10 Return on Investment in Enterprise Funds} of Section 3-28 Payment of Taxes} of Chapter III Finance and Taxation} to Reduce the Golf Fund's Return on Investment from lfl to D.433~3fl for Fiscal Years 20D6-D7 through 2009-1D and Exempting the Golf Fund's Return on Investment Entirely, Effective Fiscal Year 2010-11, Finance} 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 ~rhich it m.ay take cognizance, that is not on the agenda 8. COUNCIL REFERRALS Matters placed on the agenda by a Councilmember may be acted upon or scheduled as a future agenda item 9. COUNCIL COMMUNICATIONS Communications from Council} Councilmembers can address any matter, including reporting on any Conferences or meetings attended 10. ADJOURNMENT - City Council ~~~ • Materials related to an item on the agenda are available for public inspection in the City Clerk' s Office, City Hall, Room 380, during normal business hours • Sign language interpreters will be available on request. Please contact the City Clerk at 747-4800 or TDD number 522-7538 at least 72 hours prior to the Meeting to request an interpreter • Equipment for the hearing impaired is available for public use. For assistance, please contact the City Clerk at 747-4800 or TDD number 522-7538 either prior to, or at, the Council Meeting • Accessible seating for persons with disabilities, including those using wheelchairs, is available • Minutes of the meeting available in enlarged print ® Audio Tapes of the meeting are available upon request • Please contact the City Clerk at 747-4800 or TDD number 522-7538 at least 48 hours prior to the meeting to request agenda materials in an alternative format, or any other reasonable accommodation that may be necessary to participate in and enjoy the benefits of the meeting 701. ~ltla~~tic avenue - Alameda, Califo~~nia 94501-2161 - TrL; (510) 747-4300 - FAQ: (510) 522m784$ m TDD; (51.0) 522-8467 MINUTES REGULAR METING OF THE BOARD OF COMMISSIONERS OF THE HOUSING AUTHORITY OF THE CITY ®F ALAMEDA HELD TUESDAY, APRIL 7, 2009 The Board of Commissioners was called to order at 7:4~ p.m. PLEDGE OF ALLEGIANCE 1. R®LL CALF. Present: Commissioner deHaan, Gilmore, Matarrese, Tam, Torrey and Chair Johnson Absent: None 2. C®NSENT CALENDAR Commissioner deHaan moved acceptance of the Consent Calendar, Commissioner Matarrese seconded. Mation carried unanimously.. Items accepted or adopted are indicated by an asterisk. ~~-A. Approve Housing Authority FY 2008-2009 Budget Amendment No 2. The Board of Commissioners: ~ o Adopted a resolution to authorize receipt of the American Recovery and Reinvestment Act Capital Fund Grant No. CA39506250109 in the amount of $269,717; 2. Approved a Housing Authority Esperanza budget revision to include income of $269,717 and an estimated $210,000 in Capital Fund grants, and to add a Capital Improvement Project ~CIP} to replace roofs at the complex with grant money received and, many grant funds remain, use those funds forgeneral aperations; 3. Approved a transfer of Housing Authority-Owned operating reserves of up to $31,697 to Esperanza, if needed, to complete the roofing project; 4. Approved a Housing Authority General Fund budget revision to add income of $6,425 from the insurance claim payment, and to add a Capital expenditure of $25,ODD to replace the inspector's vehicle, using up to $18,575 in reserves for the balance of the cost; and 5. Adopted a resolution to amend the Housing Authority's budget as described. HABOC Item 2~A C 7~o7R09 Minutes of the Soard of Commissioners Regular Meeting April °~, 2009 Page 2 ~2MS, Adopt Housing Authority Budget Amendment No. 3 for Fiscal Year 2009-2010. The Board of Commissioners by resolution adopted the proposed revised budget, including the Extraordinary Maintenance and Capital Improvements Projects line items, forfiscal year 2009-2010. ~2-C. Awarding Cantract for the installation of a 21 stall parking lot. at Independence Plaza, The Soard of Commissionersm 1. Awarded a contract to Say Construction Company for an amount not to exceed $213,500, including contingencies, to install a 21 stall parking lot at Independence Plaza, and to re-paint the remaining metal fences. 2. Authorized the Executive Director to execute the contract with Say Construction Company. ~2-D. Award Contract to Replace Roofing at the Esperanza Housing Complex. The Soard of Commissionerse 1. Awarded a contract to Ridout Roofing Company to re-roof 22 residential structures and two connected community buildings, for an amount not to exceed $301,697 including contingencies. 2. Authorized the Executive Director to execute the contract with Ridout Roofing. 3. .AGENDA None. 4. GRAL C~MMUNICATIQNS None, 5. CC~MMISSI4NER C®MMUNICATI~NS None. 6o ADJGURNMENT There being no further business, Chair Johnson adjourned the meeting at x:41 p.m. Attest: Beverly Johnson, Chair Michael T. Pucci Executive Director 1 Secretary ~ ~ ~ ~ .. n,..x~ a ::~,~ ~e~~ wx .~~ ^ e A ~~ ~~ ~ ~~Cn~t~~1~r~~~a~..,AC~r~~~~, ~1Cfarr~i ~~1-°~~~ ~T~Cd ~~~} 7~~M~~~ , ~~~e ~~~~~~4~ ~"C"C~~x ~~~} ~~4~ To: I~lonarable Chairand Members of the Board of Commissioners From: Ann Marie Gallant Interim Chief Executive Officer Dated July ~, ~OQg Re: Approve Awarding a Contract to Overland pacific ~ Cutler, Inca for Relocation Services for an Amount Not to Exceed 1 ~?,ODD, and Authorize the Executive Director fio Execute the Contract BACKGROUND The Housing Authority and the Community Improvement Comrr~issior~ have ~gr~ed to enter into a lease agreement for the Esperanza housing camplex. T'he ~J, S. Department of dousing and lJrbar~ D~v~lopr~ent (FiIID) his approved this lease arrangement, called a disposition under HIED rule. Esper~r~za re~id~~nts do not have ~a move. The Housing Authority hay sub~nifited ~r~ applicafiion to ~I19~ fc~r replacement vouchers for all residents. This will allow residents to stay in place if they wish. DISCUSSION Though Esperanza residents gill have a voucher that will allow them to stay in place, they may opt to take their voucher and move fio a new location If they choose to move, under government regulatians, they are entitled to relocation assistancee All residents are required to b~e nofiified aboufi ghat relocation assistance is available, Under the terns of the disposition, assistance is lir~itedW Regulations regarding relacafiion are complicafied and require the assistance of experts in this feldn As such, the Housing Authority issued a Request far Proposals ~RFP} on March 1~, 2DD9. Two proposals were received, one from Overland Pacific ~ Cutler, Inc. Oakland} and one from Shober Consulting, Inc, Los Angeles}e Both mere evaluafied based on the criteria outlined in the RFP ~e.g., methadalogy, fees, experience, references, etce}tl Proposals are evaluated on the range of criteria, not on cast alone, Based an this evaluation, staff recommends that a contract be awarded to Overland Pacific Cutler, Inc ~OPC}n OPC has been in aperafiian since 19~D. The company has experience working with other housing authorities, which gave this company the edge over its campetition~ Ifi has handled relocations involved in the disposifiian of public housing unifis, very similar to fibs situation wifih Esperanza, Though the hourly rates for this company exceed those of hober Cansulting, the company's Oakland location will save on travel costs, and ifis HABOC lten~ ~B CC 7~D7~O9 Hanorable Chair ar~d lVlernbers July 7, 2009 of the hoard of Cornrnissioners Page ~ of2 experience should reduce the amount of time spent on this projectp In addition, CPC is open to the Housing Authority participating in tasks required, thus reducing the amount of time forwhich OPC will bill the Housing Autharity~ The Dousing Authority's disposition application to HUD staffed that it would use its operating subsidy to fund relocation expensese used on experience with the transition of Parrot pillage to the voucher program, it is anticipated that up to 25 percent of residents at Esperanza may apt to moves v~ith this in mind, and considering the Housing Authority's ability to participate in the tasks required, staff managed to negotiate a not to exceed amount dawn from X225,000 to ~157,a40d The Housing Cornmoss~on reviewed staff's recommendation to award a contract to CPC at °rts meeting on June ~~, 2009, and concurs with the recommendation. FINANCIAL Il'NPACT The Housing Authority will continue to receive an operating subsidy from DUD until the disposition takes place ®nce that disposition occurs, the operating subsidy gill be replaoed with transitional fundingA In the current year, the operating subsidy will total 4~,9~~n Eetween the operating subsidy .and the transitional funding, the amount should be approximately the same, This funding is adequate to cover the cost for a contract not to exceed ~157,gooo REC®MII~ENDATI~N Approve awarding a contract to ®verland Pacific ~ Cutler, Inca for relocation services for an annount not to exceed ~~ 57,440, and authorize the Executive Director to execute the contract. Respectfully submit~~e~d~;~~~~ :•.M„y v ~~~ f~ q '' ~ ,~~~ ~ ~ q ~ ~~ "~~J ~~~ ~ ~., ichael T. Pucci Executive Director Ii~TP;ED °;~ p.~ ar ~i.! ~fyF. ~F ~ ~~~ tl ~ g ~~ ~M ~'~ Af[~~iti~l~vr~u..t~(~~~a; c~l~~~r~i~ ~~~p~~~~ w7"I; {'~~~ ~'4~'w~~~~~ ~~; ~~~~~~~~~~~'~~~R ~~~~ µ~~ Ta: Honorable Chair and Members of the ~aard of Commissioners From: Ann Marie Gallant Interirra Chief ~xecufiive officer Dafie: July ~, 2009 I~ACK~R4UND The budgefi for fiscal year 200910 includes funding for landscape mainfienance services for all Housing Aufihorifiy properfiies. The Housing Aufihorifiy requests bids for these services on a fibres year cycle. DISCUSSION n March ~, 2009, fibs Housing Authorifiy issued an lnvitafiion for bids for landscape maintenance services. A pre~bid conference vuas held on April 7, 2.009 ~uhere tv~o praspective bidders vuere introduced to fibs landscape needs of fibs Housing Aufihority, and given an opportunifiyfio asl~ quesfiions and fiourthe properfiies. The Housing Aufihorifiy's specificafiion for fihis job required fihat bidders submifi a lump sure price for fibs first year of service, and any increases in fibs second or fihird years are to be reflected by a percentage change for fihose years. n April 29, 2009 bids vuere publicly opened and fibs results are as fallo~rs: ®ntract~r Three Year Cyst T're c~~pture ~r~up X343 ?~'9 r ~.S.M's bid for year one u~as the lo~est at ~9~,~44, buff this bid reflects a 3°/p increase in years fiv~o and three. Tree Sculpfiure's bid of X99,096 for year one is ~2~2 higher than ~aS.M's, but their bid reflects a 2°/~ increase in yeart~o and a 2.5°/®increase in year fihreeo HA~~C ~. ltern 2~C CC 7®07®pcJ Honorable Ghairand Members of the ward of Gornmissioners July ~, 2009 Page 2 of 2 Tree Sculpture is the overall low bidder. They have been performing this service farthe Housing Authority since July, 2002, and have maintained all sites satisfactoril and y consistentlye FINANCIAL IMPACT The first year cosfi for landscape services is X99,096, and the approved budget f®r FY 20091p includes 101,00 for landscape, pool, and pond maintenance services. Pool and pond maintenance services are projected to be X000 annuall resultin in an yg 9 expected cost savings contingency of ~~~,304. This contingency amount may be applied toward landscape repairs such as vandalized irrigation components. REGC3MMENDATI® 1. Award a contract fio Tree Sculpture group, Inc. for ongoing landscape maintenance services starting July ~, 2009, for X99,090, and with fibs option to renew the contract for up to two additional one-year terms with increases of 2 percent the second year and 2.~ percent the third year, contingent upon funding and a good contractor performance evaluation; and authorize the Executive Director fio execufie the contract. ~..~.~ Respectfully subr~it e , ;. ~P~ ~~_ .~ ,~ ,,. ,J~' ~ ~,: ~ _ ~.'~~. :~~ Michael T. Pucc~ Executive Director ~~ /G= ~: By kC~i~an ~bidi F~ecorestruction Specialist Im a =;~ ~~~ ~ ~o ~~ ~.~ ~ ~w ~, ~, ~ ~.~ ~~1~ ~~~r1ti~,Av~~ M ~~~rr~~; ~~~f~rr~i ~~'~M~'~ ~ ~I; ~~~~ '14~w4~~ ~, ~~~ ~~~~~~;~M~~~ ~ °r"~~~ ~~~~ iµ47 Ta: Honorable Chair and Members of the hoard of Commissioners From: Ann Marie Gallant Interim Chief Executive Officer Date: July 7, X009 Re: Acquire Twa Housing Complexes from the Filipino American Community Services Agency at 745 Lincoln Avenue and 1416 Sherman Street in Alameda I3ACI~GR~UND The Filipino American Community Services Agency ~FAGSA~, a 501 ~c~~3} nan-profit corporation founded around. 1990, has decided to dissolve and dispose of its assets. FACSA pL~rchased 1410 Sherman Street in 1993 and 745 Lincoln Avenue in 1995. FACSA received loans from Alameda First National dank, now U.S. dank, and HGME funds from Alameda County for the purchase and rehabilitation of these two complexes, The Housing Authority has been managing both properties since they were purchased and available for occupancy. an actaber 7, X003 the hoard of Commissioners approved the concept of acquiring these properties and directed staff to obtain appraisals, develop a financing package, and obtain cost estimates for the rehabilitation work. DISCUSSIGN For over 13 years the Housing Authority has managed these tuna complexes that operate with a small pasitive fund balance. There have been years when there were extraordinary maintenance projects that required the use of reserves to cover these costs. There are alsa some inherent problems with the water supply lines at 1410 Sherman Streetp but Housing Authority maintenance staff is very familiar with houu to complete these and other necessary repairs at this nine-unit building. The four~plex at 745 Lincoln went thraugh substantial rehabilitation in 1996 and is in good condition. Maintenance staff' is also very familiar with the repairs needed at this building, The Housing Authority has conducted a thorough physical needs assessment of both of these buildings to determine what capital improvements or extraordinary maintenance uvill need to be performed to bring them. up to Housing Authority standards. Using this assessment, staff has developed a scope of work for both of the properties and obtained cost estimates for the work Attachment 1 ~. Staff has uvorked collaboratively with the Development Services Department to obtain a commitment of ~400,OQ0 in CD~G funding in the farm of a grant, which the City Council HASGC Agenda Item 3~A 707-09 Honorable Chair and July 7, 2009 Members at the hoard of COn~r~issioners Page 2 of 4 appraved May 5, 2009, to complete the identified capitol improvements and extraordinary maintenance projects needed to immediately bring these properties up to the Housing Authority's standards. The work will be put aut to bid in early August, with the goal of completing the exterior wark prior to the start of the rainy season and the interior work during the winter rr~onths. The existing tenants will need to be temporally relocated during the interiorworko ~h~ N~OM~ progr~rro 9a~n ~equire~ that the r~nt~ at 7A~5 Lincoln Avenue are affordable for verb love in~arn~ f~r~ilies ~/vith in~orr~~s below 50 p~rce¢~t ~f the area rn~dian. The rents ~~~ currently: 1 bedroom uvheelchair accessible ~72~ 2 Bedroom (3 units) $~76 At 1416 Sherman Street, five of the units are affardable for very lava income families, two are affordable for lower income families with incaes below 60 percent of area median, and twa units have market rate rents that are occupied by Section ~ voucher holders. The rents at this complex are as follaws: 2 Bedroom Very Low (5 unit) $715 - $914 2 bedroom Lower (2 units) $1170 2 bedroom Market Rate (2 units) $1261 The Hauling Authority will preserve these units to be affordable for very low and lower incomefamilies, FINANCIAL IMPACT FACSA is prepared to sell the two complexes to the Housing Authority for one dollar each and the Housing Authority will assume the existing debt on the properties. The total debt lead as of June 30, 2009 (including accrued interest) on the two properties for which the Housing Authority would be responsible is as follows: 745 Lin~olra 1416 Sherman GRAND Avenue ~tree~ TOTAL lJ.~. Bank $ 8~,5~5 ~ 27,047 $ 359,632 Alameda ~~unty HOME Loan X560,720 $ 755,987 $1,316,707 ~O~AL $642,305 X1,034,034 X1,676,339 Staff obt~ir~ed an appraisal for both ~f these properties (ors ~il~ at the pity ~ferks Office), and the current vaiua~ions and loan to value c~~GUlation~ ~r~ as follouu~rs: property ~ Appraisal i1aluati~n Loan to Value 1416 Sh~rrr~an Street $1,630,~0~ .63 745 Lincoln Avenue $800,000 .80 Honorable Chair and July 7, ~oD9 Members of the Doard of Commissioners page 3 aft staff has evaluated refinancing these loans for a better interest rate and has contacted U.. Dank about the passibility of assuming the existing loans andlor refinancingo U.S. Dank will not allow the Housing Authority to assume the existing loans. In order to refinance, they want the I-lousing Authority to fully collatorize the loan by purchasing a Certificate of Deposit with a four year term and an interest rate of thirty basis points ~g.3°/o}, They ~rould provide a loan of up to 444,an4 at a nan~taxable interest rate of 5.5~°/° with a o year term and a 30 year amortization. They would also charge a ~/~ percent fees Dank of Alameda offered a fully collatorized lean and would pay 2°/° on a 43 month CD and would offer a ~°/° interest rate on the loan vuith a five year term amortized over 30 years, They are charging a ~ % loan fee. At the June ~ 7~, ~OO9 dousing Commission meeting, the Commission discussed the terms and rates proposed by U.~. Dank and Dank of Alameda. They determined that they were net reasonable and recommended that staff look at other means of financing these t~vo complexes including a. financing from other financial institutions b. A loan from the City orthe Community Improvement Commission c. The Housing Authority making a loan fio itself d. Paying off the loan with Housing Authority funds The City of Alameda currently receives less than a 3°/° return on its investments. The City and the Community Improvement Commission ~CIC} have funds available to make a loan to the Housing Authority for the purpose of purchasing these two properties to keep them as affordable housing. The City or CIC would charge a 4°/° interest rate, which is about the same net interest rate charged by Dank of Alameda and better than the current interest they are receiving from their investments. The term could be for five years amortized over 30 years. At the end of five years, the City ar CIC .will have received ~~3,733 in interest, and the Housing Authority will have paid X34,339 in principal leaving a total balance of ~3~~,~1~. This loan can be refinanced at the end of five years or sooner if the Housing Authority can find favorable rates and terms in the financial r~arkets. Upon further consideration option c. appears to be the best option as it gives the market mare time to recover so the Housing Authority can explore more financial institutions9 willingness to make loans on these properties while also maintaining fund balances in the City~s and CIC's accountsfor other projects. Alameda County is prepared to transfer the H~M~ loans to the Housing Authority. These H~II~E loans with Alameda County reflect fibres percent simple interest with interest and principal payments deferred until January 1, ~Q'I ~ . These payments can continue to be deferred until the first r~ortgages are paid off and as long as the Housing Authority continues to keep the units affordable for lower and very low income tenants. Additionally, Alameda County has agreed to waive interest accrual on these loans from January 1, ~OO~ through December 3~, ~o~ o. :- I-ion®rable ~hairand Members of the hoard of Cornr~issioners July ~, 20Q9 Page 4 of 4 Thy ~~mplexes also ~c~rrie with a replacerx~en~ reserve ~ccoun~. The current account balance is $26,415. Staff has determined that operating costs can be reduced by at leapt X10,000 annually under Housing Authority ownership. ~'he property will be instared uvith the Hausing Authority Risk Retention Fool (HARF~P) resulting in ~n approximate s~vi~gs of X3,5009 plus FACSA will no longer receive an annua8 payment of $5,600 as owner of the properties. RECUMMENDATI(JN 1. Approve the acquisition of ~'4~ Lincoln Avenue and 116 Sherman Street from the FilipinaAn~erican ~onlmunity ervicesAgency9 and ~. Approve setting up a loan uvith Hausing Authority reserves in the amount of ~~60,00o at 4°~o interest arnartized over ~0 years9 and 3. Explore other financial institutions for a loan or loans uvith favorable rates and termsg and 4. Authorize the Executive Director to execute the loan documents and close escrov~ for the acquisition afthese too propertiese ~~unu.~ Respectfully subrr~it ed,~~ ....~. ~ Mixn ..r k., 5 ~ a ~ . r ~ ,~ ~~ r ~~ ~ r" '` ~"';:~ .. M~chael.T. Pucca mM Executive Director ~~ E ~y: Robert Haun Maintenance and Facilities Manager MTP~RC~HD Attachrnentsd 1 s Scope of UVark ~~ ~. %a..,~ ..... ,,~ ~~~« ~...~~ . 0 0 ~.~ ~ ~~ ~. ~...~ ~ ~ c~ ~ ~~ .A , ~ ~~~~.~~~,~a 1 16 Sherman Streit Repairs ~I~~oI~~TY r~ Cary ~r p a r~ ~rL . A . - ___ hum _ um __ p p p _ p _..__ __ . .__ __ _ m u ----_ .....- --------.._... _ . _ . - ---- _ . _ _ --- Re lace su _ p...p mp_ at backyard of Unit A - -- . ----- --_._._ _ $500.00 ... . _--- ea ----._~. _-.---..w__._~..~ $50D,Da A_ _ ... ~ Trim trees - .-- -- -- ---- --- -- ,Trim trees at backyard_ __._... -- --.-----~_... -----_...~.... --------- .- _-_.... _ .. $3 500, OD - .-_... - - ~-----.- _--- ---- ------- ea ---_-_- _..... ____ _.µ-- ......_ __.._ $3, MoD. D0 _. - _ A Breaker fax _--____---- ~_Replace 1- breaker _box door ---Laundry -room. _- _-- . $50,DD ea . $5D:00 _ Doors ---------_ _~..._ -Replace 1 entry door-.~--L_aund_ry room -__ __-...__---- $9oD.00 . ea $90:0.D4 A . -_-- Window _ _ .Replace 1 aluminum window -Laundry room -------_.. _ ! ~650.DD ea ~55D,0o A .....- - -_ Electrical ~ -_- ---- ---- _. _._ ------.-- Repairlupgrade electrical service tar water heater circulation um . ~..........__._...--------------...-...p-----p______ _ .--.~--- ___.._.._ ..--- 5_...~_ ----_._..-_.-.__ 0.00 ea ...---------- $850, 00 _------ A Flooring Replace downstairs linoleum in kitchen, eating _.._w _-_ ._~ . _ .. _ _ -- ---._._..._---- ------- halt bath_and entryway with new linoleum , , _ __ _..._.__. __.. --_.-.._. ~ ~950.OD ._.....-- -- ,-- _ ... _._- --. __ $8;550:OD ........... A Laminate R ~ p a 1 ce living roam carpet with laminate ~ __.- _...~.~~._~.. hardwood fioarin 1 A Car et p Replace stairway, upper hallway and bedroom ~~ with new carpet ._ _- --____ _._.......___ $1,100.00 unit $9,900 00 A ~ Tublshower i Replace tub, shower walls, and fixtures in 8 __ ..._~. ~- -- ._~.. units. Unit D has new tub and shower walls, __. $2,300.00 ea $~ 8;400`0 A --___-_ _ vllater Heater nsta a stra an water heater p ~175.DD ea ~ 1:~~. ~0 T. _... -___-- . -_-- ----_~_.. _._.... - ---- __._._. ____-.__ --- _as one rotection 1 barricade _ _...w .._... 750.00 .__ - ea ...~ $754 DO' A Heaterlfans __ .....,_. _.._ Eliminate nan functioning electrical bedraor~ __._... . -- --_._. j _.,._ __.~ ,..~.... m. - heaters $125.OD ea $1,125 Da' A Miscellaneous -_- _ Electrical Maintenance re airs ~~~ _._ ._. ~ ~~ ~ __.._ .._ w . __.. , . -. Pr~arity A Subtotal - ___._... _ _ ___. _ . ~_._ $64,200 .OD ~ faint Re~ slot Exterior . -_ . _ ..... _ _... _ $17,5DD 0D Update exterior electricallsumppump _.. __ __.. - _. ~ Recirculation pump linellaundry roomlwater recirculation pump . _ _- - ---_-__-- _....._. _ _. ... - u m o erates with ' _..p----- pp _-- --. ___- extension cord} .._.__...._ $1,650.04 ea ~~;6~o ao ~ ~ Water Su I Line pp y Replace water supply line valve with ball cock ._.. ._ type $150.OD _ ea ~.__ $150:oD ~ ~ . ___ Forch li ,.hts _- - --._. g Re lace 18 orch li hts p_ .-- --P ____.__g - $65.DO __-._ ea _-_ __... -:,_~ $1,17D.OO . ~ Doors Replace entry doors includes locks, thresholds, unit numbers ee hole etc, - ------ 9DD.DD e a $~ ~ 00 0 Replace lighting ~7 fixtures each unit} with -.-. ~ Light fixtures fluorescent. $425.OD unit `3 825.DD ~ ; Tol lets i . _ . - ---I - ...... ._- ----------_ Re lace 18 toilets with low flow t e p ...-.... -----------_ .... _ ---- -.. yp__. ~ -- ~275.OD ea $4, 95D. D0 Replace 9 half bath vanities; and 9 full bath vanities includes tops, plumbing and related ~ ~ bath and kit, cabine fixtures} Replace 9 kitchens. Includes cabinetry, counters, sinks, faucets, and related .. ---, --- -------...._ ~xtures _ _ $8,5D0.00 unit _ $76,50DD~ ~.___ - ~ -__, --- _Hallway--Lights__. .. Replace 9 h-allway skyl~gh-ts with solar tubes..... . $45D.DD ~ ea $4 . ,0 50.00...._- ~ i - priority ~ Subtotal - - - $11~,S9 _ _ _ 5,o0 ~---.----- Attac111~1e~at ~- , to A~e~~da Ite~.n ~~3-A ~~o~-a~ ~~ABo~ C:1Documents and SettingslAdministratarlMy DocumentslMarie114-FACSAIMaintenancelRepairs & Improvements ... ...... ..... i~ z:::",::,:~, .. ~ ., i ~ ~.. f ~... ~~ -..~ . C ' Fence ,Replace fencing between units. ~ 0 foot sections __ .. _ ------ _ . ___ x 8 __ $50,00 if $4,0QD.D0 C ~ ,Pant ----- p ---. p ___ _ _ Re- aint exterior and re lace dry rat siding E ' .. _ ...., - _ .. - - ..... __~.__.... ----._~ __ _ ~ ~minor} ---- ___---..... .. ~ i $1,500.00 ea $1,500,00 C I ~ Roof Repair mansard roofing including flashing al~d _ ~ ...... -- -- ------. . ~ _ owns ants include dr rot sheathin __ _, ---ent d -----p -------__~ ... --------- Y . - --- .. ~~__ .._ ..~-- $2,z5a. D~ ea $2,250. D0 Remove lifted concrete around tree adjacent to __ ..... C Concrete lJnit A. Remove concrete at front area and .... 'develop landscaped area, $~,500.DD ea $7 SODDD C Address ~ Replace address with larger number that are _ _ _ ------ --- ._ . _.------- _ ore visible f - rom street - m. - ----- . ___.._. _M..-- ------ ..... ---. _ , .... - ----- _..._._ ------ $145.D0 ea $1~~:00 C lGarba e g _ Install garbage enclosure adjacent to laundry _.. _ . _ ------~ ---, ~~--- . -~~--~-__..._-_ . _ _ --I- --~... _ _ _------ _.. _._ room. ___-_, ----- ...... . _.---------_ ..... ------- ___.. _ -- $8, 500.00 ea --.____.___- .__ ._- --.._ $8, 540:00 ..__ _ g -- s~..estos -_ceili.n... __ ceilin sin units B ~ D E, ~ and J. ------a e._..... ~- __._.... _. --_--_ ~ _...~. $7,425.00 ea $14;256.DD C ~-Asbesto_s ce~l~_ng - Tape, _texture and-paint disturbed_ areas. $5~5.OD ea ._ ..~ $3,450 0.0 Replace 9 eightfootsliding glass doors and 2 ~ ~ C Glass doors six foot sliding glass doors. * Units A and J 'I _. ___ ------- -- _~. ~.... - --------- - _._- - -- - ave, two s ~ ers. _~ ~._W_- -~....._.._. ----- .____. _ $_ , 250 _- ---__.__. __. ~ .. C Window Replace 9 louvered windows in living room with .. ua aze vin casement w..___._-- ----_.. ___---... ---- g________.___-- y ____._ ----_.__.indows $450.00 ea $4D5DKD0 ---~_~. Replace 9 combination fanlheaters in upstairs C Heaterlfans bathrooms. ~lnstallation of new heater unit will de end on ventin _ ~. -- ---- --- ----------- ._ __ ... ------- ---- ---- p .. _ _. -- _g ~ _ $300.00 ea $~,700.oD _..m~_.. Replace 45 aluminum windows with dual glazed C Windows _....__ _.. vtn 1 y 5 , Do unat $~9f2.50.00 _...--- -._...... - ---_._... ____..__ C ClDSet doors Replace closet_doars in all_ units _ .. _--_-~-- ~-- ~.~ .. _... _ .. ..___ _-- _ .., _..___. $900.D0 ~_~.. ~~~ unit $8,1 dD. 00 ---- C _ Paint ' Re- aunt all ~nteriars - ~-_p__- -- --------- --.--_ ._.___- --..___... _ -- ---- .._ _._.~. _~ w_~ ~'.- $ ~ 3, X50 ~ 0 ---$_1, 45D. D0 ea _-- .-,-__ ._~ .... _ ata~ ~ - ----- ~~er~~ Subt_.-------...__ E ._.. __ _ .. __.....__ - ----y- ---__ _..._ $128,501.00 .~-- 111 ...~...... {g~ I PRIQRITY A ~ Projects that need to be completed within 6 months of purchase date SU~T~TAL $64,200.00 PRIORITY B =Projects that need to be completed within 1 year of purchase date SU~T~TAL $~ 17,895.00 PRIDRITY ~ =Projects that need to be complete within 2 years of purchase date SU~T~TAL $128,5D1.D0 C:IDocuments and SettingslAdrninistratorllflly DocumentslMarie114~FAC5AIMaintenancelRepairs ~ improvements '`' _~~ ... ~~ ~.~t -~c~~~t-~ ~~~ t~~c C::it~~ c>f~ ~~l~:lz~~~~cl~~ 745 Lincoln Average epairs ~'a~D~ITY ' ~~~ ~ air ~ Un~~T r~rA~ A _ ---. .... ---- Breaker Box -----_ . m - ------ Replace breaker box door in Unit A $50,0o __ ___-__ _ .. _ ------- .. _ ---- _ ea $~QOa A Roof _~ . ~ -------.~ ... --------- .. _ --- Replace roof $~7,000.DO i ------- . -- ea - - ...---- ~..---- $~7,DOO.00 A Paint Repaint exterior and replace dry rot trim as $32,5D0,oD ea - ._.__ __...__- $3250Q:Oo necessary P r i x r~ t A S u bt~ta I __..._-. _ -_---- ~. ~_.___~.- ~~ ree rim m~ng __-_-- Prune and shape_C?ak tree at front $x,350,00 ea $~,35Da0 -... _ __ ---~ direction sin ---.~.... ---.---- Install address directional s~ n _ ..._--- -_ _.. __ ..._ 3OO:00 _.._ ------ . .. ~~~~~r~ ~ Sub~~tal ____... Y ~ ~,~5o. ao C ---. _ ----- - Garage - -- Instal{ 4 storage cages in garage $3 O00 00 ~ ea $3;000 D~D - ~ w __. _ ____.... - -- Landscaping - .._ .... ___ __. __._.... _ Re-landsca e back p yard, including replacement ~ ...._ __ of ~ 5 I.f, of brick walkway *includes leveling of $7,500 ea $7`j50o.oa backyard and irrigation system ..- -_ ~ ~ _ ~ -LandSCapin~--- -~ Re~landscape.E'.x ~ 8' area adjacen~ ~-....... _._~__.__ t to parking s ace $x,370.00 p ___ ...... ea ._ -•~--_-___-- $~,31D.00 ---- --..__ __ _ .. -------- P Y -- ----- _.._ ___ . teal .__....._.___ $~ 1 870 Do Y.. ---- ------ _. __..__ _.._ --- .._.._._._--- _._._ i EE w .~_._i ___ E y / ~ PRIfJRITY A =Projects that need to be completed within 6 months of purchase date SU~T~TAL $59,550,00 PRIORITY ~ =Projects that need to be completed within 1 year of purchase date su~T®TAL $x,050.00 PRIGRITY C =Projects that need to be complete within ~ years of purchase date SU~T~TAL $~ ~,87D.Oa C.IDocuments and Settings~Administratorlll~y DocumentslMariel~4-FACSAINiaintenancelRepairs ~ Improvements U'N`APPROV`ED MINUTES OF THE SPECIAL JOINT COMMUNITY IMPROVEMENT COMMISSION ~CIC} AND HOUSING AUTHORITY BOARD OF COMMISSIONERS ~HABOC} MEETING TUESDAY- -JUNE 16, 2009-- 7:25 P.M. Chair Johnson convened the Special Joint Meeting at 7:50 p.m. Board Member Torrey led the Pledge of Allegiance. ROLL CALL -- Present: Commissioners/Board Members deHaan, Gilmore, Matarrese, Tam, Board Member Torrey, and Mayor/Chair Johnson -- 6. Absent: None. CONSENT CALENDAR Commissioner_ Tam moved approval of the Consent Calendar. Commission deHaan seconded the motion, which carried by unanimous voice vote - ~. [Items so enacted are indicated by an asterisk preceding the paragraph number. ~*09~- } Recommendation to Approve a $150,000 Ten-year Agreement with Resources for Community Development to Implement the Housing Authorit:y's Obligations Pursuant to the Declaration of Reciprocal Easements, Covenants, and Restrictions for the Breakers at Bayport Townhomes. AGENDA ITEMS None. ADJOURNMENT There being no further business, Chair Johnson adjourned the Special Joint Meeting at 7:51 p.m. Respectfully submitted, Lora Weisiger Secretary, Community Improvement Commission The agenda for this meeting was posted in accordance with the Brown Act. Special Joint Meeting Community Improvement Commission and Housing Authority Board o~ commissioners Tune :~6, 2009 UN'APp~.~VED MINUTES OF" THE SPECIAL JOINT CITY COUNCIL, AND ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY ~ARRA} MEETING; AND THE ANNUAZ COMMUNITY IMPROVEMENT COMMISSION ~CIC7 MEETING TUESDAY- --JUNE 16, 2009- --7:26 P.M. Mayor/Chair Johnson convened the Special Joint Meeting at 7:51 p.m. ROLL CAZL, - Present: Councilmembers / Authority Members / Commissioners deHaan, Gilmore, Matarrese, Tam, and Mayor/Chair Johnson - 5. Absent: None, CONSENT CALENDAR Councilmember/Authority Member/Commissioner Tam moved approval of the Consent Calendar. Vice Mayor/Authority Member/Commissioner deHaan seconded the motion, which carried by unanimous voice vote. - 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] ~*09- CC/*09-~ CIC7 Minutes of the Special Joint City Council, ARRA and. CIC Meeting and the Special Joint City Council and CIC Meeting held on May 19, 2009. Approved. ~*09- CCU Recommendation to Approve an Application for Federal Surplus Property for Public Park Purposes; Resolution No. 14340, "Resolution of 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 for Use of Estuary Park." Adopted; and ~*ARRA7 Resolution No. 43, "Finding that Acquisition of the Eight- 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." Adopted. AGENDA ITEM X09- CC/ARRA/09- CIC City Council Resolution No. 14341, ARRA Resolution No. 44, and CIC Resolution No. 09-160, "Approving Interim Expenditures Prior to Adoption of the operating and Capital Improvement Budget for Fiscal Year 2009--2010 for the City of Speca.al Joint Meeting Alameda City Council, Alameda 1 Reuse and Redevelopment Authority, And Community Improvement Commission June 15, 209 Alameda, the Alameda Reuse and Redevelopment Authority, and the Community Improvement Commission. Vice Mayor/Authority Member/Commissioner deHaan moved adoption of the resolutions. Councilmember/Authority Member/Commissioner Matarrese seconded the motion, which carried by unanimous voice vote ~ 5. ADJOURNMENT There being no further business, Mayor/Chair Johnson adjourned the Special Joint Meeting at 7:52 p.m. Respectfully submitted, Eara Weisiger, City Clerk Secretary, Community Improvement Commission The agenda for this meeting was posted in accordance with the Brown Act. Special Joint Meeting Alameda City Council, Alameda 2 Reuse and Redevelopment Authority, And Community Improvement Commission June 16, 2009 C~T1C DF ALA~EDA Memorandum To: Honorable Mayor and Members of the City Council Honorable Chair and Members of the Community Improvement Commission From: Ann Marie Gallant Interim City ManagerlExecutive Director Date: July 7, 2009 Re: Consider Community Improvement Commission's Report to the City Council, Recommendations of the Planning Board, Recommendations of the Economic Development Commission, and all Evidence and Testimony for and against the Proposed Amendments; Introduce an Ordinance Amending the Community Improvement Plans for the Business and waterfront Improvement Project and the vilest End Community Improvement Project to Make Technical Clarifying Changes City C~unci~~ Hear all Evidence and. Testimony for and against the Adoption of the Proposed Amendments [C~mmunity Impr®vemen~ C~mn~issi®n, BACKGRGUND 0n March 3, 2009, the Community Improvement Commission ~C1C} adopted Resolution No. D8~~ 58, referring the proposed Ninth Amendment to the Community Improvement Plan for the Business and waterfront Improvement Project ~"Bw1P Plan"} and the proposed Seventh Amendment to the Community Improvement Plan for the west End Community Improvement Project ~"wECIP Plan"} to the Economic Development Commission ~EDC}for review and consideration and to the Planning Board for its report and recommendation. Hereinafter, the Ninth Amendment to the BwIP Plan and the Seventh Amendment to the wECIP Plan are collectively referred to as the "proposed amendments." The EDC endorsed the proposed amendments on March ~ 9, 2009. The Planning Board recommended approval and adoption of the proposed amendments on April 27, 2009. ®n May ~ 9, 2009, the City Council and the CIC held a joint meeting at which the CIC approved and adopted its report to the City Council on the proposed amendments, submitted said report along with the proposed amendments to the City Council, and consented to and requested the City Council to call a joint public hearing on the proposed amendments. Also at the May 19, 2009 meeting, the City Council consented to and called a joint hearing on the proposed amendments t0 be held on July 7, 2009. ~CICI~ P~ubll~ h#e~ri~ng Agenda Mtn 3~-~ 07~a1~09 Honorable Mayor and July 1, 2009 Members of the City Council Page 2 of 3 Honorable Chairand Members of the Community Improvement Commission The purpose of the proposed amendments is to make certain technical amendments to the BvUIP and WECIP Plans in order to clarify that the combined tax increment dollar amount limit contained in the BwIP and UUECIP Plans, which applies to all plans and amendments adopted prior to January 1, X994, is applicable to the original BWIP and wECIP areas, but does not apply to the Exchange Area that was added to the B1~1lIP Plan in 2003, This is consistent with the provisions of the Community Redevelopment Law Health and Safety Cade Section 33000, of seq.. DISCUSSION At the July 7, 2009 joint public hearing, the City Council is to consider the CIO's report to the City Council, the EDC"s endorsement, and the Planning Board's recommendation, and provide an opportunity for all persons to be heard, and receive and consider all evidence and testimony presented for or against any and all aspects of the proposed amendments. If there are no written objections from property owners or affected taxing agencies, the City Council may introduce the ordinance amending the Bv111P and wECIP Plans at the July 1, .2009 joint public hearing. If written objections are presented, the ordinance may only be adopted after the City Council has considered the objections and made written findings addressing the objections. In that case, at the Council's next regularly scheduled meeting of July 2~, 2009, the City Council would first consider adoption of a resolution that includes findings addressing the written objections and then considerthe introduction of the ordinance adopting the proposed amendments. FINANCIAL IMPACT The cost of this action includes administrative and legal preparation, mailing and publication, and is budgeted in the FY 2008109 Development Services Department's budget The mailing is estimated at ~~ ,400. All property owners, businesses, and residents in the project areas, as well as affected tax entities, are required to be noticed. MUNICIPAL CODEIPOLICY DOCUMENT CROSS REFERENCE This is one of the steps in the process of approval of the proposed amendments to the BV111P and wECIP Plans. The proposed amendments are for technical clarification purposes only, which will assist in meeting the goals of the CIO`s Business and waterfront and Ullest End Community Improvement Plans. ENVIRONMENTAL REVIEW The proposed amendments make only technical clarifications to the language contained in the BwIP and wECIP Plans and will not result in a direct or reasonably foreseeable indirect physical change in the environment. Therefore, no environmental review is Honorable Mayor and July 7, 2009 Members of the City Council Page 3 of 3 Honorable Chair and Members of the Community Improvement Commission required as it is not a "project" under the California Environmental Quality Act. In addition, a Mitigated Negative Declaration was approved for the prior amendments on March ~ 8, X003, by CIC Resolution No. 03107. RECOMMENDATION Consider CIC's Report to the City Council, recommendations of the Planning Board, recommendations of the Economic Development Commission, and all evidence and testimony for and against the proposed amendments; introduce an Ordinance amending the Community Improvement Plans for the Business and vllaterfiront lmprovernent Project and the west End Community Improvement Project to make technical clarifying changes City ~~unc~~~. Hear all evidence and testimony for and against the adoption of the proposed amendments. [C®n~muni~y Impr®vemen~ C®mm~ssi~n]. Respectfully submitted, ~' e lie A. Little LL -~-- - Development Services Director Approved as tofunds and account, Glend . J Interim Finance Director By: ~~.~ _ . ~,` ~.~ ~.,..~ Dorene E. Soto Manager, Business Development Division AMO1LALlDESI.rv CITY OF ALAMEDA ORDINANCE N0. AMENDING THE COMMUNITY IMPROVEMENT PLANS FOR THE BUSINESS AND WATERFRONT IMPROVEMENT PROJECT AND r THE WEST END COMMUNITY IMPROVEMENT PROJECT TO y i~ ~~~ MAKE TECHNICAL CLARIFYING CHANGES ~~ ~~ ` I[: 4 r ~ G^# WHEREAS, the City Council originally approved and adopted the t Community Improvement Plan for the Business and Waterfront Improvement Project the "BWIP"} on June 18, 1991, by Ordinance No. 2559, as subsequently amended on December ~, 1994, by Ordinance No. 2581, on July 5, 2000, by ~ Ordinance No. 2835, on September 19, 2000, by Ordinance No. 2844, on April 1?, 2001, by Ordinance No. 285?, on April 1, X003, by Ordinance No, 2896, on November 4, 2003, by Ordinance No. 291 D, on January 2, 2006, by Ordinance Na, 2956, and on February 20, 200?, by Ordinance No. 2963; and WHEREAS, the City Council originally approved and adopted the Community Improvement Plan for the West End Community Improvement Praject the "WECIP"} on July 5, 1983, by ordinance No. 2141, as subsequently amended on January 2, 1985, by Ordinance No. 2222, on December 6, 1994, by Ordinance No, 2682, on November 19, 2002, by Ordinance No. 2889, on April 1, 2003, by Ordinance No. 2897, on November 4, 2903, by Ordinance No. 2919, and on August 21, 200?, by Ordinance No, 2970; and WHEREAS, the Community Improvement Commission of the City of Alameda the "Commission"} has been designated as the official redevelopment agency to carry out in the City of Alameda the functions and requirements of the Community Redevelopment Law of the State of California Health and Safety Code Section 33000 e~ sea.} and to implement the Community improvement Plans for the Alameda Point Improvement Project ~"APIP"}, the BWIP and the WECIP; and WHEREAS, the fifth amendment to the Community Improvement Plan for the BWIP and the fourth amendment to the Community Improvement Plan for the WECIP ~"Prior Amendments"}, among other things, merged the BWIP and WECIP areas and added area formerly in the APIP to the BWIP area the "Exchange Area"}; and . WHEREAS, the Commission has proposed a Ninth Amendment to the Community Improvement Pian for the BWIP and a Seventh Amendment to the Community Improvement Plan for the WECIP to clarify that the combined tax increment dollar amount limit contained in such plans do not apply to the Exchange Area ~"Amendments"}, consistent with the intent of the Prior Amendments and the provisions of the California Community Redevelopment Law Health and Safety Code Section 33000, e~sea.}; and Introduction of ordinance #3-Q JointCC CIC ~1.07.Og WHEREAS, the Economic Development Commission ~"EDC"} endorsed the Amendments and the Planning Board of the City of Alameda the "Planning Board"} recommended approval and adoption of the Amendments; and WHEREAS, the City Council has received from the Commission the proposed Amendments and the Commission's reportto the City Council; and WHEREAS, the City Council and the Commission held a joint public hearing an July 7, 2009, on adoption of the Amendments in the City Council Chambers, City Hall, 2263 Santa Clara Avenue, Alameda, California; and WHEREAS, a notice of said hearing was duly and regularly published in the Alameda Journal, a newspaper of general circulation in the City of Alameda, once a week for four successive weeks prior to the date of said hearing, and a copy of said notice and affidavit of publication are on file with the City Clerk; and vVHEREAS, copies of the notice of public hearing were mailed byfirstWclass mail to the last kna~n address of each assesses of each parcel of land in the Bv111P and WECIP areas, as shown on the last equalized assessment roll of the County of Alameda; and WHEREAS, copies of the notice of public hearing were mailed by first-class mail to al! residents and businesses in the BvvIP and vIIECIP areas; and WHEREAS, copies of the notice of public hearing were mailed by certified mail with return receipt requested to the governing body of each taxing agency which receives taxes from property in the BWIP and WECIP areas; and WHEREAS, the Council has considered the Commission's report to the City Council, the EDC's endorsement, and the Planning Board's recommendation, and has provided an opportunity for all persons to be heard, and has received and considered all evidence and testimony presented for or against any and all aspects of the Amendments; that: NOW, THEREFORE, BE lT ORDAINED by the Council of the City of Alameda Section 1. The purpose and intent of the City Council with respect to the Amendments is to make certain technical amendments to the BUIIIP and WECIP Community Improvement Plans in order to clarify that the combined tax increment dollar amount limit contained in said plans, which applies to all plans and amendments adapted prior to January 1, 1994, is applicable to the original BWIP and WECIP areas, but does not apply to the Exchange Area that was added to the BWIP Community Improvement Plan in 2003. Section 2. The Community Improvement Plan for the BWIP, as adopted on June 18, 1991, by Ordinance No. 2559, and as previously amended on December 6, 1994, by Ordinance No. 2681, on July ~, 2000, by Ordinance No. 2335, on September 19, 2000, by Ordinance No, 2844, on April 17, 2001, by Ordinance Na, 2857, on Apri! 1, 2003, by ordinance No, 2896, on November 4, 2003, by Ordinance No, 2910, on January 2, 2006, by ordinance No. 2956, and on February 20, Zoo7, by Ordinance No, 2963, is hereby further amended as set forth in the proposed "Ninth Amendment to the Community Improvement Plan for the Business and Waterfront Improvement Project," attached hereto as Exhibit A and incorporated herein and made a part hereof by reference, As so amended, the Community Improvement Plan for the BWIP is hereby incorporated by reference herein and designated as the official Community Improvement Plan for the BWIP. Section 3. The Community Improvement Plan for the WEC1P, as adopted on July 5, 1983, by Ordinance No. 2141, and as previously amended on January 2, 1985, by ®rdinance No. 2222, on December 6,1994, by ordinance No. 2682, on November 19, 2402, by ordinance No. 2889, an April 1, 2003, by ordinance No. 289?, on November 4, 2003, by ordinance No. 2910, and on August 21, 2007, by ordinance No. 2910, is hereby further amended as set forth in the proposed "Seventh Amendment to the Community Improvement Plan for the West End Community Improvement Project," attached hereto as Exhibit B and incorporated herein and made a part hereof by reference. As so amended, the Community Improvement Plan for the WECIP is hereby incorporated by reference herein and designated as the official Community Improvement Plan for the WECIP. Section 4, The City Council does hereby find and determine that the clarifications made to the BWIP and WECIP plans by the Amendments contained in this Ordinance are technical and do not make any changes to the findings in ordinance Nos. 2896 and 2897 adopting the PriorAmendments, Section 5. ordinance Nos. 2141, 2222, 2559, 2681, 2682, 2835, 2844, 2857, 2889, 2896, 2897, 2910, 2956, 2963., 2970 are continued in full force and effect except as amended by this Ordinance. Section 6. No written objections to the Amendments have been received from property owners or affected taxing agencies. Section 7. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA") because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment (Title 14 California Code of Regulations Sections 15060(c)(2), 15060(c)(3), 15378(x).) Section 8, The City Clerk is hereby directed to send a certified copy of this ordinance to the Commission, Section 9. If any part of this Ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this Ordinance, and this City Council hereby declares that it would have passed the remainder ofthis Ordinance if such invalid portion thereof had been deleted. Section ~ 0. The City Clerk will; ~~ ~ cause a summary of the Ordinance to be published once in the Alameda Journal, a newspaper of general circulation, published and circulated in the City of Alameda, prior to the meeting at which the Ordinance is considered for adoption; and ~2} certify to passage of the ®rdinance by the City Council. Section 11. This Ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage. Presiding Officer of the Council Attest: LaraUVeisiger, City Clerk City of Alameda ~~**~* I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adapted and passed by Council of the City of Alameda in regular meeting assembled on the 7~"day of July, 2009 by the following vote to wit: AYES: NOES; ASSENT: ABSTENTIONS: iN UvITNESS, v~'HEREOF, I have hereunto set my hand and affixed the official seal of said City this 8t" day of July, 2009, Lara Weisiger, City Clerk City of Alameda EXHIBIT A NINTH AMENDMENT TO THE COMMUNITY IMPROVEMENT PLAN FOR THE BUSINESS AND WATERFRONT IMPROVEMENT PROJECT The Community Improvement Plan for the Business and Waterfront Improvement Project the "Plan"} originally adopted June 18, 1991, by Ordinance No. 2559, and amehded on December 6, 1994, by Ordinance No, 2681; June 6, 2000, by ordinance No. 2835; September 19, 2000, by Ordinance No, 2844; April 17, 2001, by Ordinance Noa 285?'; April 1, 2003, by Ordinance No. 2896; November ~, 2003, by Ordinance No, 2910; January 2, 2006, by Ordinance No, 2956; and February 20, 200?, by Ordinance Noe 2963, is hereby further amended as follows; 1. The second to the last paragraph of Section 502 of the Plan is hereby revised to read as follows: "Notwithstanding any other provision afthis Section 502 to the contrary, as of May 1, 2003 the effective dates of ®rdinance No. 2896 adopting the Fifth Amendment to this Plan, and ®rdinance No. 289?" adopting the Fourth Amendment to the Community Improvement Plan of the West End Community Improvement Project Area, which ordinances, among other things, merged the Business and Waterfront and vilest End Community Improvement Project Areas}, the number of dollars of taxes which may be divided and allocated to the Commission from the Original Project Area of this Plan and from the West End Community Improvement Project Area for the Merged vIIECIPIBWIP Project Area defined below} will be Six Hundred Ninety-One Million Dollars x$691,000,000}, the total combined tax increment limits for the ®riginal Project Area of the Business and Waterfront Improvement Project and the vilest End Community Improvement ProjectArea." 2. Except as amended in paragraph 1 above, all other provisions of the Plan remain in effect, it being understood that the purpose of this Ninth Amendment is only to clarify a technical ambiguity in the Plan, as it was amended by the Fifth Amendment to the Plan, The Fifth Amendment to the Plan, among other things, merged the Business and Waterfront and vilest End Community Improvement Project Areas and added area known as the Exchange Area to the Business and Waterfront Improvement Project Area. Because the Exchange Area was added after January 1, 1994, it is not subject to a tax increment dollar limit pursuant to Section 33333.4~a}~1 }and ~g}~1 } of the California Health and Safety Code. EXHIBIT B SEVENTH AMENDMENT TOTHE COMMUNITY IMPROIIEMENTPLAN FOR THEWEST END COMMUNITY IMPROVEMENT PROJECT The Community Improvement Plan for the West End Community Improvement Project the "Plan"} originally adopted July ~, 1983, by Ordinance No. 2141, and amended on January 2, 1985, by Ordinance No, 2222; December 0, 1994, by. Ordinance No. 2082; November 19, 2002, by Ordinance No. 2889; April 1, 2043, by Ordinance No. 2897'; November 4, 2003, by Ordinance No. 2914; and August 21, 2007, by Ordinance No. 2970, is herebyfurtheramended as follows: 1. The second to the last paragraph of Section VIII.B. of the Plan is hereby revised to read as follaws~ "Notwithstanding any other provision of this Section B to the contrary, as of May 1, 2003 the effective dates of Ordinance No. 2890 adopting the Fifth Amendment to the Community Improvement Plan for the Business and Waterfront Improvement Project ~"BWIP Plan"}, and ®rdinance No. 2897 adopting the Fourth Amendment to this Plan, which ordinances, among other things, merged the Business and vaterfront and West End Community Improvement Project Areas}, the number of dollars of taxes which may be divided and allocated to the Commission from the West End Community Improvement Project Area pursuant to this Plan and the Original Project Area of the BWIP Plan has defined in Section 2.00 of the BWIP Plan} for the Merged W~CIPIBWIP Project Area defined below} will be Six Hundred Ninety~One Million Dollars x$091,000,000}, the total combined tax increment limits for the West End Community Improvement Project Area and the Original Project Area of the Business and Waterfront Improvement Project." 2. Except as amended in paragraph 1 above, all other provisions of the Plan remain in effect, it being understood that the purpose of this Seventh Amendment is only to clarify a technical ambiguity in the Plan, as it was amended by the Fourth Amendment to the Plan. The Fourth Amendment to the Plan, among other things, merged the Business and waterfront and vilest End Community Improvement Project Areas, However, the Fifth Amendment to the BWIP Plan also added area known as the Exchange Area to the Business and Waterfront Improvement Project Area, Because the Exchange Area was added after January 1, 1994, it is not subject to a tax increment dollar limit pursuant to Section 33333.4~a}~1 } and ~g}~1 } of the California Health and Safety Code, UNAPPR®VED MINUTES ®FTHE REGULAR MEETING C~'THE ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY Wednesday, June 3, 2999 The meeting convened at 7:34 p.m. with Chair Johnson presiding. ~ . R®LL CALL Present: Chair Beverly Johnson Boardmember Lena Tam Boardmember Frank Matarrese Boardmember Marie Gilmore vice Chair Doug deHaan 2. CaNSENT CALENDAR 2-A. Approve the minutes of the Special Meeting of May 19, 2009. 2-A 2-B. Authorize Negotiation and Execution of a Sublease Renewal for Alameda Municipal Power at Alameda Point. 2-C. Authorize Negotiation and Execution of a Sublease for NRC Environmental Services at Alameda Point. 2-D. Authorize Negotiation and Execution of a Sublease Renewal for Piedmont Youth Soccer Club at Alameda Point. 2-E. Authorize Negotiation and Execution of a Sublease Renewal for SF Tom's Sales at Alameda Point. Item 2.d was pulled by staff. The balance of the Consent Calendar was motioned for approval by Vice Chair deHaan, seconded by Member Matarrese and passed by the following voice votes: Ayes: 5, Noes: 0, Abstentions: 0 3. REGULAR AGENDA ITEMS 3yA. Alameda Point Update ~ Presentation of Navy's Environmental Remediation Levels and SunCal's Land Plan Debbie Potter, Base Reuse and Community Development Manager, provided a presentation of the Navy's Environmental Remediation clean up as a follow up to the ARRA Board's request. Member Matarrese commented that the Navy's original clean up plan was made in concert with the X996 Community Reuse Plan. Ms. Potter affirmed and explained that the Navy has agreed to clean up to the land uses anticipated in the PDC, occurring at a higher level. s Vice Chair deHaan was concerned that the Navy will clean up to commercial use only, and if the developer wanted to clean to residential level, there are more costs involved. He asked staff where he could find that information. Ms. Potter explained that the Proforma does include a line item for additional remediation work that SunCal will have to undertake post conveyance. A~ -Ag~nd~ ~~em #~~A ®7~U7~09 Dr. Peter Russell, ARRA's environmental consultant, addressed the questions from the Board regarding the various sites and clean up levels. Chair Johnson asked staff to confirm whether or not the Navy and SunCal has had direct dialogue regarding the clean up levels. Ms Potter explained that although (here has been direct discussion between staff, the Navy, SunCal and various environmental agencies, the Navy has not committed to do clean up in sync with SunCal's land plan, because neither the ARRA or the City has taken any official action regarding that plan - so it is still just a "plan". This item was provided for information only. No action was taken. 4. dRAL REPORTS 4~A. Oral report from Member Matarrese, Restoration Advisory Doard ~RAR} representative ~ Highlights of May 7th Alameda Point RAC Meeting. Member Matarrese wil! provide handouts from the meeting to be distributed. Mr. Brooks, the Navy's chair, attended the meeting and summarized all the open activities at the Point and stated that the Navy is working up a contract to adjust the radioactivity that was found on the shore of the seaplane lagoon. There was a presentation on Site 24 which is the area in the seaplane lagoon by the outfall near piers 1, 2, and 3. The RAB had spirited discussion around the sediment and how deep the Navy intends to remediate. The next meeting is June 4t" 5. ®RAL C~MMUNICATl4NS, N~N~AGENDA~PUBLIC C®MMENT} There were no speakers. fi. C®MMUNICATl~NS FROM THE G41~ERNING R®DY None. 7. ADJOURNMENT Meeting was adjaurned at ?:52 p,m,, by Chair Johnson, with a moment of silence in honer and memory of James Little. Respectfully submitted, rma Glidden ARRA Secretary z' Alameda ~euae and ~edevelopmont Au~horl~y ~ ~ ~ -~ Memorandum To. Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority From; Ann Marie Gallant Interim Executive Director Date: July 7, ~D09 Re: Authorize Negotiation and Execution of a Sublease for Vigor Marine, LLC at Alameda Point ~ACKGR~UND The Alameda Reuse and Redevelopment Authority ~ARRA~ governing Board. approves all Alameda Point subleases gith a lease term greater than one year. The proposed sublease for Vigor Marine, LLC is three years DISCUSSIGN Attachment A describes the business terms for the proposed sublease for Vigor Marine, LLC in a portion of building 20. The rent for Vigor Marine, LLC in a portion of Building ~® is $~ 57,32o annually, or $0.4o per sq. ft. with a three~percent increase in the second and third years of the lease. The leased premises gill be used for light industrial Bork, including ship repair, machinery repair, fabrication, and gelding. Euilding 20 is in flair condition, In accordance with the Exclusive Negotiating Agreement between the ARRA and SunCal Companies, this lease has been discussed with representatives from SunCal Companies and has their concurrence. FINANCIAL IMPACT This lease will generate $157,32o in the first year. These funds gill be retained by the ARRA. RECC~MMENDATI~N Authorize negotiation and execution of a sublease for Vigor Marine, LLC at Alameda Point. A~~A A-g~nd~ hem #~- ®7~47rQ9 Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority Respectfully su~.~nit~ed ~~ r~~ ~ ~~ Leslie Little ~s L. Development Services Director, s By: G V v Nanette Banks Mocanu Finance and Administration Manager July 7, 2009 Page 2 of 2 Attachment: A. Proposed Sublease Business Terms B. Site Map ATTA~HI~ENT A pR~PUSED SUBLEASE BUSINESS TERMS TENANT EUILDINC SIZE SF TERM RENT Vi or Marine, LLC 2D 32,775 3 rs ~32,7751mo. A~ Atta~~hment A t~ Ag~n~d~ It~n~ 2- ~7~07~®9 ATTACHMENT i~~ ~-, ~d IIIH iii ARR~A Att~~hment ~ t~ A~end~ Item #~~~ 07~o~-a~ .~ameda Reuse and Redevel® meat Au~h®rity ,~ ~- p fi ' Memorandum __w ~..~. ~., ow.,~ To. Honorable Chair and '' Members of the Alameda Reuse and Redevelo mentAuthorit ~! p y From: Ann Marie Gallant interim Executive Director Date; July 7, 2909 Re. Authorize Negotiation and Execution of a Sublease Renewal for Bay Ship & Yacht Co., Inc. at Alameda Point BACKGRC]UND The Alameda Reuse and Redevelopment Authority ~ARRA} governing Board approves all Alameda Point subleases with a lease term greater than one year. The proposed sublease for Bay Ship ~ Yacht Ca., inc. is two years. DISCUSSION Bay Ship ~ Yacht Co., inc. has occupied Building 292 at Alameda Point for the past 12 years. This building is used for general office activities, shop and storage of equipment. Attachment A describes the business terms for the proposed sublease for Bay Ship & Yacht Co., inc. in Building 292. The rent for Bay Ship & Yacht Co., Inc. in Building 292 is $13,548 annually, or $9.4181 per sq. ft. with a three~percent increase in the second year of the lease. Building 292 is in poor condition. In accordance with the Exclusive Negotiating Agreement between the ARRA and SunCal Companies, this lease has been discussed with representatives from SunCal Companies and has theirconcurrence. FINANCIAL IMPACT This lease will generate $13,548 in the first year. These funds will be retained by the ARRA. RECaMMENDATI~N Authorize negotiation and execution of a sublease for Bay Ship ~ Yacht Co., inc. at Alameda Point. AR~4 Ager~d~ ~t~m #2-~ ®?-g7-~9 honorable Chair and Members of the Alameda Reuse and Redevelopment Authority Respectfully sp~)bm~tte~, •l ~ 1 - ~ r d A : ~ 5~ .~~~°'~f ~,. ~~~ d Leslie Little Development Services Director By: Nanette nks Mocanu Finance and Administration Manager July 7, 200 Page 2 of Z Attachments A. Proposed Sublease Business Terms B. Bite Map ATTAGHI~ENT A PRnP®SED SUBLEASE DUSINESS TERMS TENANT BUILDING SIZE SF TERM RENT ~~y Ship & Yacht Co., Inc. 292 2,70 2 y~~ $1,1291ma. ARC A~~a~hment A t® Agenda ~~em #~4C ®7~47~49 ATTACHMENT B FERRY ~ ~~ ~~~ ~~ Z O A~~ A~t~~hn~~n~ ~ ~~ Agenda ~t~n~ #~wC Q7~®109 Alameda Reuse and Redeve~® went Authorit p ~ ~D Ki Memorandum x 'i;..ry:~:'.~ To. Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority Erom: Ann Marie Gallant Interim Executive Director Date: July 7, 2009 Re. Authorize Negotiation and Execution of a Sublease Renewal for Puglia En ineerin of California, Inc. at Alameda Point BACKGRaUND The Alameda Reuse and Redevelopment Authority ~ARRA~ governing Board approves all Alameda Point subleases with a lease term greater than one year. The proposed sublease for Puglia Engineering of California, Inc. is two years. DISCUSSION Puglia Engineering of California, Inc. has occupied Building 5~ at Alameda Point for the past 12 years. This building is used for ship repair and related activities. Attachment A describes the business terms for the proposed sublease for Puglia Engineering of California, Inc. in Building 5l~ The rent for Puglia Engineering of California, Inc. in Building 57 is $63,550 annually, or $0.3789 per sq. ft. with athree- percentincrease inthe second year of the lease. Building 57 is in fair to poor condition. I n accordance with the Exclusive Negotiating Agreement between the ARRA and SunCal Companies, this lease has been discussed with representatives from SunCal Companies and has their concurrence. FINANCIAL IMPACT This lease will generate $63,650 in the first year, These funds will be retained by the ARRA. RECUMMENDATIGN Authorize negotiation and execution of a sublease for Puglia Engineering of California, Inc at Alameda Point. A~R~- Agenda ~tenn Z~D 47~A7~49 Honorable Chair and Members o~ the Alameda Reuse and Redevelopment Authority Respectful ~ sib rr'tted, ~f F I' d p.. Y~/ ~~~~ /°: '9'' vy Leslie Little Development Services Director By: q~ C Nanette Banks Mocanu Finance and Administration Manager July 7, 2009 Page ~ of ~ Attachment; A. Proposed Sublease Business Terms B. Site Map ATTACHMENT A PR®PGSED SUELEASE RUS~NESS TERMS TENANT DU~LD~NG SrZE SP TERM RENT Puglia Engineering of California, Inc. ~7 14,00® 2 yrs $~,3051mo. A-FtR-I~ ,A~tt~~hr~~~t A ~~ A~~~d~ ~t~nn ~~~ Ol~aT~A ~ ~ z 0 113 U \~~~ =~ o ~ W r ~D ? ~ o~ ~ ~ ? o ~ r C C L C ~~ ATTACHMENT E ~..a i~ .s. u i v e„~ i o Russell Resources, Inc. environmental management Alameda Point RAB Meeting on June 4, 2009 Highlights and Analysis ate m 4~A RAB members present: Dale Smith (Community Co-chair}, Fred Hoffman, Gearge Humphreys, Jeff Knoth, Joan Konrad, Jim Leach, Jean Sweeney, Jim Sweeney, and Michael John Torrey Remediation anal other field worl~ in ra ress: o The Navy removed some of the radioactively contaminated soil from the top of the riprap on the west side of the Seaplane Lagoon, This occurred after the RAB meeting, Further information below.} o The petroleum remediation systems near the southern end of western hangar row and near the base's Atlantic Avenue entrance are continuing operations. o The air spargelvapor extraction system to treat groundwater contaminated with benzene and naphthalene at Alameda Point OU-5 and FZSCA I~ Site 2 is continuing operations. July RAB Meeting --Canceled As is the usual practice, there is no RAB meeting in July. ~U-2C Feasibility Study The Navy presented the draft Feasibility Study IFS} for OU-2C, the industrialized area north of Seaplane Lagoon, which includes fR Sites 5~ Building 5}, Q, and ~2. The FS raises several issues. The FS assumes That all of OU-2C is planned for commerciallindus~rial reuse. Ho~vever, the 20oG Alameda Point Preliminary Development Concept contemplates residential reuse for the portion of OU-ZC that lies south of West Tower Avenue. Due to currently low contaminant levels, the FS proposes cleanup to residential reuse standards far most of the southern and western portions of OU-2C. The FS targets only a relatively small portion of OU-2C south of West Tower Avenue future residential in PDC} for commerciallindustrial reuse. The FS evaluates soil remedial alternatives that include: ~1} excavation with offsite disposal of soil above the remedial goals, ~2} leaving contaminated soil in place with pavement and floor of Building 5 floor serving as an isolating cap, and ~3} a blend of these two approaches. An important point the FS relies upon in its analyses of alternatives that use the floor of Building 5 as a cap for contaminated sail is that redevelopment plans lil~ely involve demolition of Building 5. ~f that were to occur, redevelopment would have to include management of the contaminated soil that the floor of Building 5 caps. The cost of this post-transfer remediation is not captured in the FS's cost analyses of the remedial alternatives for soil. The FS evaluates groundwater remedial alternatives, many of which use various approaches to remediate the more contaminated portions of groundwater plumes at OU-2C. Target clean-up levels for groundwater appropriately are designed to be protective of residential reuse in the ARFtA ~Rl, 440 Nova A~bron Way, Suite 1, San Rafael, California 94903 4.1s,90Z,31~3 fax 81s,s~2,ssoo Agenda wt~m #4~A 07~O1~09 Page 2 of 2 Alameda Point RAB Meeting, June 4, 2009 July 7, 2009 Highlights and Analysis western and southern portions of ~U-2C, and of commerciallindustrial reuse elsewhere. Groundwater clean-up goals for the future commerciallindustrial portions of 0U-2C are calculated to avoid contaminant migration so as to cause exceedances of residential .clean-up goals in adjacent residential areas. This FS marls the first time the Navy has formally considered the environmental footprint of the remedial alternatives under consideration, As part of the evaluation of Short-Term Impacts, this exercise appears under the heading of Sustainable Environmental Restoration. ~t is also commonly l~nown as Green Remediation. As a follow up to the Alameda Point Update presented at the June 3 ARRA Board meeting, ARRA staff is preparing a comment letter on the FS regarding the 0U-2C FS and remediating to residential standards consistent with the PDC, tither concerns Hated above will also be addressed. Building 5 Reuse Anna-Marie Cooly of the USEPA announced that her agency had awarded a $30,000 contract to explore the feasibility of reuse options for Building 5. The objectives of the land-revitalization study would be to reduce waste generation and reuse the contaminated land to promote environmental stewardship and green technology. USEPA plans to worl~ closely with the ARRA to evaluate various options for Building 5. RAB Facilitator Beginning with the next RAB meeting, the Navy will provide a facilitator to assist in conducting effective meetings, Radioactively Contaminated Soil on. West Side of Seaplane Lagoon ~n Saturday, June 20, 2009, the Navy removed radioactively contaminated soil from a location at the top of the riprap on the west side of the Seaplane Lagoon. The scope of this removal activity was limited to the shallowest three feet of soil to avoid encountering groundwater and accidentally causing contamination to migrate. Some of the riprap within the work area was found to be radioactively contaminated, too, and was removed. At the bottom of its three-foot excavation, the Navy's contractor still observed elevated radioactivity, although Tower than at shallower depths. Presumably, the Navy will now prepare a more detailed work plan to clean up the deeper contamination, designed to avoid potential contaminant migration through groundwater. 4~0 Nova Albion Way, Suite 1, San Rafael, California 94903 415,90Z,3.1~3 fax 815,57'Z,8600 UNAPPROVED MINUTES OF THE SPECIAL, JOINT CITY COUNCIL AND PUBLIC UTILITIES BOARD PUB} MEETING TUESDAY-- -TUNE 16, 2009- --6:00 P.M. Mayor Johnson convened the Special Joint Meeting at 6.05 p.m. ROLL CALL - Present: Councilmembers deHaan, Gilmore, Matarrese, Tam, and Mayor Johnson: Board Members Gallant, Hamm, Holmes, McCahn, McCormick - l0. Absent: None. The Special Joint Meeting was adjourned to Closed Session. to consider: X09-- } Conference with Legal Counsel - Existing Litigation X54956.9}; Significant Exposure to Litigation Pursuant to Subdivision fib} of Section 54956.9; Name of Case : Brown v. City of Al amArl~ X09- } 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 Income Opportunity Fund, et al. v. City of Alameda, et al., Bernard Osher Trust v. City of Alameda, et al. Following the Closed Session, the Special Joint Meeting was reconvened and Mayor Johnson announced that regarding Brown v. City of Alameda, Legal Counsel advised the City Council of a potential settlement offer and Council provided direction to Legal Counsel; regarding Vectren Communication Services, Inc. v. City of Alameda; Nuveen Municipal High Income Opportunity Fund, et al . v . City of Alameda, et al; Bernard Osher Trust v. City of Alameda, et al, the City Council and PUB received a briefing from Legal Counsel and outside Co-Counsel regarding the status of litigation and provided direction on litigation strategy. Adjournment There being no further business, Mayor Johnson adjourned the Special Meeting at 7:40 p.m. Respectfully submitted, Zara weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Special Joint Meeting Alameda City Council and Publa.c Utila.ties Board June 16, 2009 UNAp p R9V'ED MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- -JUNE 15, 2009- --7:30 P.M. Mayor Johnson convened the Regular Meeting at 7:52 p.m. ROLL CALL - Present: ~ouncilmembers deHaan, Gilmore, Matarrese, Tam, and Mayor Johnson -~ 5. Absent: None. AGENDA CHANGES None. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS X09- } 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. Mayor Johnson read and presented the proclamation to Debra Arbuckle. Ms. Arbuckle thanked Council for the proclamation. Speaker: Morten wellhaven, Alameda. X09- ~ Proclamation Proclaiming June 27, 2009 as Relay for Fife Day in the City of Alameda. Mayor Johnson read and presented the proclamation to Amanda Harris, NormanJean Hickock, Kristen Thorson, Joan Jessen, Jennifer Uolla, and Amanda Porter. Ms. Hickock thanked Council for the proclamation; invited Council to attend the Relay for Life event. CONSENT CALENDAR Councilmember Gilmore stated page 7 of the Regular Minutes should read "grapple with the problem." Councilmember Matarrese moved approval of the Consent Calendar with the correction to the minutes. Regular Meeting 1 Alameda Ca.ty Council June 15, 2009 Vice Mayor deHaan seconded the motion, which carried by unanimous voice vote -- 5. Cltems so enacted or adopted are indicated by an asterisk preceding the paragraph number. ~*09- } Minutes Special and Regular City Council Meetings Held on June 2, 2009. Approved. Note the Regular Minutes were approved with correction to page 7.] ~*09- } Ratified bills zn the amount of $1,132,882.26. ~*09-- } Recommendation to Approve the City of Alameda Investment Policy. Accepted. ~*09- } Recommendation to Approve an Agreement with Holland & Knight, LLP in the Amount of $96,000 for Federal Legislative Advocacy Services. Accepted. ~*09-- } Recommendation to Award the Contract for Legal Advertising for Fiscal Year 2009-2010. Accepted. ~*09-- } Recommendation to Adopt Plans and Specifications and Authorize Call for Bids for Central Avenue Sewer Rehabilitation, Pacific Avenue to Third Street, No. P.W. 05W09-13. Accepted. ~*09- } Recommendation to Adopt Plans and Specifications and Authorize Call for Bids for Fernside Boulevard Sewer Rehabilitation, Thompson Avenue to High Street, No. P.W. 03-09-09. Accepted. ~*09- } Recommendation to Approve the Non-Disturbance and Attornment Agreement Between City of Alameda and Diageo Chateau & Estate Wines Company. Accepted. ~*09-~ } Resolution No. and Documents to City's Revenue and Taxation Code ~*09- } Resolutio Employees Association Employees Association 14342, "Aut~harizing Access to Tax Records Legal .Counsel Pursuant to California Section 7056 fib} . " Adopted. 1 No. 14343, "Amending ~ACEA} and Management ~MCEA} Salary Schedules." the Alameda City and Confidential Adopted . ~*09- } Ordinance No. 2996, "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." Finally passed.. Regular Meeting 2 Alameda City Counca.l June 16, 2Q09 ~*09-- } ordinance No. X997, "Amending the Alameda Municipal Code by Deleting Chapter xx Flood Damage Prevention} and Adding a New Chapter xx Flood Plain Management} to Meet the Requirements of the Federal Emergency Management Agency ~FEMA.} Flood Insurance Program and Approve Updated Flood Insurance Rate Maps." Finally passed. CITY MANAGER CoMMUNICATIQNS ~09~- } The Fire Chief provided a briefing on a recent structure fire. Councilmember Matarrese inquired whether fire fighters returned to the scene because the fire reignited. The Fire Chief responded the fire rekindled in the roof area at approximately 3:00 a.m. Councilmember Matarrese inquired what equipment returned to the scene. The Fire Chief responded that he assumes a full first response team returned; further stated the building was fully involved the first time fire fighters responded]; adjacent homes are very close in proximity; fire fighters did a commendable job protecting other structures. Mayor Johnson inquired when initial responders left the scene. The Fire Chief responded that he left the scene at approximately 8:30 p.m.; stated the crew left at midnight or so. Councilmember Tam inquired how the less injured fire fighter is doing. The Fire Chief responded the fire fighter was wearing gloves but grabbed an iron hand railing and received second degree burns to the palm of the hand through the glove. Councilmember Tam stated twenty-one people responded to the first call; inquired whether the number included Oakland responders, to which the Fire Chief responded in the negative. Councilmember Tam inquired whether twenty-one people were at the scene the entire time. The Fire Chief responded in the negative; stated engines are released once the clean up phase starts; three companies were on the scene when he left. Regular Meeting ~ A~,ameda City Council June 16, 2009 Vice Mayor deHaan inquired how long the fire was burning before fire fighters arrived, to which the Fire Chief responded the matter is being investigated. Vice Mayor deHaan inquired whether the Fire Captain was burned through protective clothing. The Fire Chief responded someone bumped into the Fire Captain and the Fire Captain fell aver a knee wall; stated the fall caused a separation between his coat and turnouts which exposed skin. Vice Mayor deHaan inquired whether circumstances were out of the ordinary. The Fire Chief responded that he does not see anything unusual about response times or available resources, only injuries; stated all fire apparatus units were in station and responded except the truck. Mayor Johnson inquired how many fire fighters came from Oakland, to which the Fire Chief responded seventeen. Mayor Johnson inquired when ~Oaklanda .fire fighters left the scene, to which the Fire Chief responded approximately 7:30 p.m. Mayor Johnson stated the mutual aid procedures should be refined to dispatch to stations, not the scene. The Fire Chief stated a meeting is scheduled with Oakland tomorrow; discussions need to involve Alameda Fire and Oakland Fire and dispatch; an Oakland unit automatically responds when there is a fire at Harbor Bay; the Oakland unit that would normally respond was out on another call. Cauncilmember Matarrese inquired whether the outcome would have been different with five stations instead of four. The Fire Chief responded in the negative; stated the building was lost when crews arrived; a more negative outcome could have occurred if units were tied up with other calls. Mayor Johnson requested that the Fire Chief wish the injured fire fighters the best and speedy recovery. ~Q~- ~ Presentation on GoLibrary. The Supervising Librarian gave a Power Point presentation. Regular Meeting 4 Alameda City Council June ~6, 2009 Councilmember Tam inquired how much the GoLibrary unit costs, to which the Supervising Librarian $150,000. Councilmember Tam inquired how many books the unit holds, to which the Supervising Librarian responded approximately 400. Councilmember Tam inquired whether the books are paperback, to which the Supervising Librarian responded the books are paperback and hard cover. Councilmember Tam inquired whether late returns occur, to which the Supervising Librarian responded the situation depends on the borrower. Mayor Johnson inquired whether the books can be returned at the unit, to which the Supervising Librarian responded in the affirmative. Mayor Johnson inquired whether additional units are planned. The Library Director responded more units can be added when funding becomes available. Councilmember Gilmore inquired how often books change, to which the Supervising Librarian responded every two months. Councilmember Matarrese inquired whether the unit is connected to the Library card system so that books can be requested, to which the Supervising Librarian responded in the negative; stated other units could offer the option. Mayor Johnson stated people should be able to select books on the Library website. The Library Director stated the matter could be addressed in the future; currently, selection is restricted because of book size. Mayor Johnson inquired whether Contra Costa bounty has a County- wide library system, to which the Supervising Librarian responded in the affirmative, with the exception of Richmond. Councilmember Gilmore inquired where books are returned, to which the Supervising Librarian responded through the unit's slot. The Library Director stated the unit is tied into the library catalogue and check-out system; people can go on line and see what has been checked out and the due date. Regular Meeting 5 Alameda City Council June 16, 2009 Vice Mayor deHaan inquired what is the size of the unit, to which the Supervising Librarian responded similar to a vending machine, just taller. Vice Mayor deHaan inquired where ~.nitial funding came from, to which the Library Director responded Community Development Block Grant ~CDBG} funds . Vice Mayor deHaan inquired whether maintenance costs would be absorbed by the Library, to which the Library Director responded in the affirmative. Vice Mayor deHaan inquired when which the Supervising Librarian ordering. the unit would be available, to responded within six, months of Mayor Johnson inquired whether units have been placed at schools. 'The Library Director responded that she is not aware of any; stated text books might not fit and might weigh too much; most units are at transit hubs; the intent is serve underserved populations because new library construction funding does not seem to be eminent. REGULAR AGENDA ITEMS X09- } Resolution No. 14344, "Reappointing Avonnet M. Peeler as a Member of the Civil service Board." Adopted; X09- A} Resolution No. 14345, "Reappointing Paulina Kirola as a Member of the Commission on Disability Issues." Adopted; X09- B} Resolution No. 14346, "Reappointing Adrienne Longley-Cook as a Member of the Commission on Disability Issues." Adopted; X09- C} Resolution Na. 14347, "Reappointing Jody Moore as a Member of the Commission an Disability Issues." Adopted; ~09-~ D7 Resolution No. 14348, "Reappointing Donna Talbot as a Member of the Historical Advisory Board." Adopted; ~09~- E} Resolution No. 14349, "Reappointing Ronald Kahn as a' Member of the Housing and Building Code Hearing and Appeals Board." Adopted; X09-- F} Resolution No, 14350, "Reappainting Rebecca Kohlstrand Parsons as a Member of the Planning Board." Adopted; Regular Meeting 6 Alameda City Council ~7une 16, 2009 X09- C} Resolution No. 14351, "Reappointing John McCahan as a Member of the Public Utilities Board." Adopted: X09- H} Resolution No. 14352, "Reappointing Jonathan Soglin as a Member of the Social Service Human Relations Board." Adopted; and X09- I} Resolution No. 14353, "Reappointing Cynthia Wasko as a Member of the Social Service Human Relations Board." Adopted. Councilmember Matarrese moved adoption of the resolutions. Councilmember Tam seconded the motion, which carried by unanimous voice vote - 5. The City Clerk administered the Oath and presented certificates of appointment to Donna Talbot, Ronald Kahn, Rebecca Kohlstrand Parsons, John McCahan, and Jonathan Soglin. X09- } Public Hearing to Consider Resolution No. 14354, "Authorizing Collection of Delinquent Integrated Waste Management Accounts by Means of the Property Tax Bills." Adopted. The Public Works Director provided an updated list of delinquent accounts and three requests for appeals; gave a brief presentation, In response to Vice Mayor deHaan's inquiry, the Public Works Director outlined Alameda County Industries' ~ACI} notification process for delinquent accounts. Vice Mayor deHaan inquired whether the lien list covers properties over and above the billing cycle, The Public Works Director responded in the affirmative; stated three letters were sent advising property owners that accounts were transferred to the City. Councilmember Matarrese stated that two banks are an the delinquent list; inquired whether the banks responded, to which the Public Works Director responded, in the negative. Mayor Johnson inquired whether the list includes foreclosed properties, to which the Public Works Administrator responded some properties are in the process of foreclosure. Councilmember Matarrese inquired whether property owners received notices. Regular.Me~~ing ~ ~~ameda City Gouncz~ ~un~ 16, 20Q9 The Public Works Director responded in the affirmative; stated letters have not been returned. vice Mayor deBaan inquired how often accounts are settled after appearing on tax rolls. The Public Works Director responded most accounts are paid the following year; accounts need to be paid if property is refinanced or sold. Councilmember Matarrese moved adoption of the resolution. Councilmember Tam seconded the motion, which carried by unanimous voice vote d 5. X09- 7 Public Bearing to Consider Resolution No. 14355, "Approving the Bngineer's Report, Confirming Assessment, and ordering Levy of Assessments, Landscaping and Lighting District 84-2, All zones." The Public Works Director gave a brief presentation. Diagram and Island City Adopted. Mayor Johnson inquired what services would be cut [with the $5,200 reduction]; to which the Public Works Director responded on-going landscape maintenance. Councilmember Matarrese inquired how much money the City invested in relandscaping and refurbishing Webster Street, to which the Public Works Director responded approximately $2 million. Councilmember Matarrese stated landscaping needs to be maintained; reducing maintenance jeopardizes the initial investment. Mayor Johnson stated the West Alameda Business Association ~WABA7 should make cuts elsewhere; the City cannot allow landscaping to deteriorate. The Public Works Director stated WABA has been advised that the City will not allow landscaping to deteriorate; a stronger message will be sent. Mayor Johnson stated WABA needs to make cuts in other areas, not maintenance. Vice Mayor inquired whether or not the City anticipates increasing Business Association allocations, The Interim City Manager responded the matter will be addressed on Regu~a~ Meeting 8 Alameda Ci~~ Counc~~ Jane 15, X009 August 3; stated the recommendation will be that WABA and Park Street Business Association ~PSBA~ allocations not be Increased. The Public Works Director continued the presentation. Councilmember Gilmore stated Harbor Bay Business Park's adjustment is based on CPI; inquired whether the CPI adjustment is because the zone is newer than PSBR and WABA, to which the Public Works Director responded in the affirmative. Councilmember Gilmore inquired whether there is a way to add an automatic CPI to the older zones once the economy turns around. The Public Works Director responded property owners have to vote on the issue; stated the assessment would be increased and the annual CPI would be included; now, CPI increases are always done when assessment districts are formed. Mayor Johnson stated WABA's assessment has not been adjusted for fifteen years; the amount collected does not include the cost of new street scaping; WABA and PSBR knew of the added responsib~.lity and need to meet the obligation. Councilmember Gilmore stated WABA needs to start preparing for a large bump up when adjustments occur. The Public Works Director stated WABA's assessment will double and a CPI increase will be added; the gradual increase will be 25o each year; stated Park Street flags might be cut. Vice Mayar deHaan inquired whether shared costs for maintaining the shoreline park and median area within Zane 5 increased, to which the Public Works Director responded in the negative. Vice Mayor deHaan inquired whether the vast majority of the Recreation and Park Department's share is for shoreline park, to which the Public Works Director responded the entire amount is for shoreline park. Vice Mayor deHaan inquired whether approximately $25,000 is for Zone 5 median area, to which the Public Works Director responded the $25,000 is for median area and planting strip. Councilmember Matarrese moved adoption of the resolution. Vice Mayor deHaan seconded the motion, which carried by unanir~ous voice vote _ 5. Regular Meeting ~ Alameda Ca.ty Council dune J..b, 2009 X09- } Public Hearing to Consider Resolutio "Approving the Engineer's Report, Confirming Assessment, and Ordering Levy of Assessments, Assessment District 01-01 Marina Cove}." Adopted. The Public Works Director gave a brief presentation. Councilmember Tam moved adoption of the resolution. Diagram and Maintenance Councilmember Matarrese seconded the motion, which carried by unanimous voice vote -~ 5. ORAL COMMUNICATIONS, NON.-AGENDA X09-- } Michael Torrey discussed the upcoming amateur radio event. X09- 7 Domenick Weaver discussed fire issues, X09- } Jeff Del Bono discussed the Harbor Bay fire. X09- } Jon Spangler discussed social media networks, coUNCIZ ~.EFERRA~s X09-- } Discussion and Consideration of Carnegie Library Building Use. Councilmember Matarrese stated that he would like Council to consider reevaluating the vote regarding using the Carnegie Library for the Planning and Building Department and potentially directing the Interim City Manager to see if a lease arrangement with the Museum is feasible. Councilmember Gilmore stated that she recalls the ongoing maintenance cost would be $150,000 per year; knowing whether the Museum's financial picture has changed is important. Councilmember Matarrese stated the $150,000 cost was for City employees providing maintenance; that he would like the Interim City Manager to investigate if there is a possibility of getting an occupant for the building; a full blown investigation is not needed. Mayor Johnson stated everyone thinks having the Museum at the Carnegie Building is a great idea; the question is whether the Museum has funding; Council could direct the Interim City Manager to investigate ways of getting the building back in use; perhaps the Museum could be combined with something else; possibilities No. x.4356, Regular Meeting 1 ~ Alameda City Council June 16, ZQ09 should be reviewed; the City spent over ~4 million on retrofitting years ago. Vice Mayor deHaan stated a fall back position should be reviewed since the previous Planning and Building Department use will not happen; that he has concerns with Americans with Disabilities Act DADA} requirements and HVAC system; all options should be reviewed. Councilmember Tam stated that she concurs with Mayor Johnson; Council should not preclude the possibility of earning money; looking into public and private partnerships would be great; there has been some expectation of moving the Public Works Department back to City Hall and have Planning and Building move to the Carnegie Building. The Interim City Manager stated Planning and Building will not have the ability to pay for refurbishing the building; staff is working on a space plan for the Planning and Building Department, Development Services Department, and Fire Prevention; that she does not think the Carnegie Building will need to be used except for records storage. Speakers: Bob Risley, Alameda; Robbie Dileo, Alameda Museum; Chuck Millar, Alameda Museum. Councilmember Matarrese moved approval of 1} reconsidering and redirecting the previous motion; 2}reviewing other uses of the Carnegie Building, including partnering with a non profit such as the Museum and other public/private partnerships; and 3} receiving a preliminary report back from the Interim City Manager regarding feasibility. Councilmember Gilmore inquired whether Councilmember Matarrese is requesting initial costs to make the building,, habitable and then figure out uses and who could pay for it, to which Councilmember Matarrese responded in the affirmative. Vice Mayor deHaan seconded the motion. Under discussion, Vice Mayor deHaan stated funding streams need to be reviewed and all options need to be considered. Councilmember Matarrese stated everything needs to be on tie table. Councilmember Tam stated getting a paying tenant needs to be underscored. Mayor Johnson stated having a display area would draw people into Regular Meeting ~ ~ Alameda City Council June 16, 2009 the building; a multi-use building would be beneficial. Councilmember Gilmore stated that she does not want the City to be committed to providing a long-term subsidy in the form of money as opposed to dust the building; the subsidy should come from a paying tenant . Councilmember Matarrese stated the City pays a subsidy to the Museum that goes into the pocket of a private landlord; other cities have models where the city and non-profit provide a cultural service and the building is paid for from long--term foundation grants and sales from gift shops, which is consistent with the Carnegie foundation gift. The Interim City Manager stated that she would need sixty days to consider use options. On the call for the question, the motion carried by unanimous voice vote -- 5 . COUNCIL COMMUNICATIONS X09- } written Communication from the League of California Cities requesting designation of Vating Delegate for the League's 2009 Annual Conference. Mayor Johnson selected Councilmember Tam as the representative and Vice Mayor deHaan and Councilmember Gilmore as alternates. Councilmember Matarrese moved approval. Mayor Johnson seconded the motion, which carried by unanimous voice vote - 5. X09- } Councilmember Gilmore stated that she went to Sacramento with Vice Mayor deHaan and Councilmember Tam; the Governor is suggesting taking away $2.4 million from the City; the State will be running out of money soon, and the Legislature is taking weekends off and not dealing with the problem; that she came away feeling very disheartened. Vice Mayor deHaan stated the Legislature is at an impass and does not know where to go. Councilmember Tam stated the State will run out of cash by July 28; federal law precludes the State from declaring bankruptcy; cites are allow to go bankrupt. Regular Meeting ~ ~ Alameda City Council June 7.5, X009 Vice Mayor deHaan stated transportation .funds are becoming a concerning factor. Councilmember Tam echoed the grimness; stated that she appreciates the Deputy City Manager attending. ADJOURNMENT There being no further business, Mayor Johnson adjourned the Regular Meeting at 9.45 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting ~ 3 Alameda City Council June 16, X009 UNAPPROVED MINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY- -JUNE 16, 2009- -7:31 P.M. Mayor Johnson convened the Special Meeting at 9:45 p.m. ROLL CALL - Present: Councilmembers deHaan, Gilmore, Matarrese, Tam, and Mayor Johnson -- 5. Absent: None. ~ r ~~~n a X09- 7 Resolution No. 14357, "Authorizing the City Attorney to Cooperate with the League of California Cities, other Cities and Counties in Litigation Challenging the Constitutionality of Any Seizure by State Government of the City's Street Maintenance Funds." Adopted. The Deputy City Manager gave a brief presentation. Councilmember Matarrese suggested information be posted on the website. In response to Councilmember Matarrese's inquiry, the Development Services Director stated redevelopment fund reductions could increase to $2.7 million to $2.8 million. The Deputy City Manager stated the County is considering reducing or stopping operation of the estuary bridges if the gas tax cut occurs. Councilmember Matarrese inquired whether a strategy is planned to keep the bridges operating. The Interim City Manager responded a contingency plan is not in place; stated that she does not know how the City would keep the bridges open. The Deputy City Manager stated opening the bridges after 8:00 p.m. as been suggested as a compromise. The Interim City Manager stated closing the bridges is highly unlikely and could be a trial balloon with expectations of sharing maintenance costs. Councilmember Tam stated the City could lose up to $4.5 million, which was the 2007 estimate to retrofit the Carnegie Building; a Special Meeting 1 Alameda City Council dune ~6, 2009 paying tenant is needed for the Carnegie Building. Mayor Johnson stated that she concurs With Councilmember Tam. Councilmember Tam moved adoption of the resolution. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote ~ 5. ADJOURNMENT There being no further business, Mayor Johnson adjourned the Special Meeting at 10:Q~ p.m. Respectfully submitted, Zara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Special Meeting 2 Alameda City Council dune 16, 20Q9 CITY ~~ ALa~IEdA Memorandum To; Honorable Mayor and Members of the City Councii From: Glenda D Jay Interim Finance Director Date: July 2, 2009 Re; List of v~arrants far Ratification This is to certify that the claims listed on the attached check register and shov~n below have been approved by the proper officials and, in my opinion, represent fair and just charges against the City in accordance w~th._~heir respectiVe_amounts_as ~r~dicated .hereon-. _ _ __ ..._ . _- _ .._ . Check Numbers Amount 220459 M 221041 $3,402,459.9$ V18868 ~ V19009 $99,898.10 EFT 689 $24,128.00 EFT 690 $378,655.40 EFT 691 $24,766.22 EFT 692 $7,993.50 EFT 693 $SO,DOO.oa EFT 694 $ ~ 3,168.79 EFT 695 $336,942.10 EFT 696 $9,988.06 EFT 697 $47,670.04 EFT 698 $94,226.46 Vaid Checks: 220765 x$550.00} 220771 x$3,500.00} 220430 x$595.38} 204404 x$104.66} 205634 x$53.57} 221009 x$128.00} GRAND TGTAL $4,484,975,D4 Respectfully submitted, Inte m Finance Director ~ SILLS #4_g Council 1Narrants 07ID7109 7/7/2009 cT~rof ~LA~E®~ Memorandum To: Honorable Mayor and Members of the City Council From: Lara Weisiger City Clerk Date: July 7, 2009 Re: Transmittal of Certificate of Sufficiency of an Initiative Petition Entitled "Fire and Emer enc Medical Services Minimum Protection" BACKGROUND A Notice of Intent to Circulate a Petition amending the City Charter was filed in the Office of the City Clerk on January 15, 2009. Proponents filed the Petition with the City Clerk on May 14, 2009, at which time the Petition was transmitted to the Registrar of Voters to examine the signatures. DISCUSSION On June ~ 5, 2009, the City Clerk received the Registrar of Voters' report that the Petition contains a total of 9,048 signatures, of which 404 signatures were found to be sufficient representing 116°/° of the total number of signatures needed to qualify the initiative based on the random sample examination. Because 15°/° of the qualified voters of Alameda signed the Petition, the City Council is required to submit the Charter proposal to the voters. California Elections Code Sections 9255 and 1415} FINANCIAL IMPACT The Registrar of Vaters charged $1,153.18 to examine the signatures. RECOMMENDATION No action is required. It is anticipated that the matter will be placed on a future agenda for Council to submit the Charteramendmentto the voters. Respectfully submitted, ---~a'.,..~' Lara Weisiger City Clerk Approved as to funds and account, end . J Interi ina e Director Attachment: 1. Certificate of Sufficiency ~~ty C®u~~i~ A~~~da It~~ #4~C 47~®7~A~ ~~, C~t~ ~f .A~a~.~da ~ ~a~ifo~~~a a ~ a '~" ~ ~ `.l~yy E. ~ - '.,. h ~ ~~~ ~ ¢~ o ~Atris~r.nn~rt ~1' ~..._'°~ CLERK'S CERTIFICATE TO ORIGINAL PETITION, ENTITLED FIRE AND EMERGENCY MEDICAL SERVICES MINIMUM PROTECTION, PROPOSING A CHARTER AMENDMENT TO REQUIRE FUNDING FOR MINIMUM STAFF LEVELS FOR THE ALAMEDA FIRE DEPARTMENT I, Lara weisiger, City Clerk of the City of. Alameda, State of California, hereby certify that the foregoing Petition was f~1ed in the Office of the City Clerk of the City of Alameda on the 14th day o.f May, 2009; that said Petition contains 9,a4S signatures purporting to be respectively the signatures of qualified electors of said City and the dates said signatures were obtained on the Petition, That after said Petition was filed as aforesaid, I as said Clerk, in accordance with Sections 9266, 91.1.4, 91.15 of tl~e California Elections Code, caused a randot~n sample examination of the Petition signatures to be undertaken. From that exa~~.nination, as set forth in Section 91.15 anal the formula prescr6.bed by the California Secretary of State, the Registrar of Voters determined that the Petition contained 404 valid signatures of qualified registered voters in the City of Alameda, and the number represents 116 percent of the total number of signatures needed to qualify the Initiative. Attachment 1 } That said random sample examination indicates at least 6,334,95 signatures submitted are of qualified voters of this City, which qualifies the initiative. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this 2'~~ day of July, 2009. Lara Weisiger City Clerk office of the city clerk 22G3 Santa Clara .Avenue, Room 380 Alameda, California 94501-4477 510.747.4800 ®~ax 51~.747.4$D5 ®TDD 510,522.7538 pity ~~~n~~l A~~ac~m~~n~ ~~ ~-g~nd~ I~~m #4~C l ~l ~ Printed an Recycled Paper REGISTRAR C~F'~~TERS CERTIFICATE T~ PETITION I, Dave Macdonald, Registrar of Voters for the County of Alameda, State of California, hereby certify that: an Inltlat~ve Petition Entitled: "Fire and Emergency 1Vledical Services Minimum Protection" was filed with the Alameda City Clerl~ within the statutory time limit and forwarded to this office for verification on May 14, 209, and The petition contained 9,048 unverified signatures; and Pursuant to California Elections Code section 9215, in order to be sufficient, the petition must have been signed by G~4,95 qualified registered voters of the City of Alameda, that number being equal to .fifteen percent of the total registered voters of the City at the last Report of Registration to the Secretary of State; and I have examined, or caused to be examined, signatures on the petition pursuant to California Elections Code sections 9211 and 9115; and Have determined that the petition contained 404 valid signatures of qualified registered voters in the City of Alameda based on the random sample examination set forth in section 9115 and the formula prescribed b the ali ~ y C forma Secretary of State; and That this number represents 1I6% of the total number of signatures needed to qualify the initiative; there~`ore The petition is found to be sufficient to require the City Council of the City of A,larr~eda to take the appropriate action specified in the California Elections Code. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this 10..~.,. day of June, 2009. ave Macdonald Registrar of Voters County of Alameda State of California CITY ®~ ~LAMEDA Memorandum To; Honorable Mayor and Members of the City Council From: Ann Marie Oaliant Interim City Manager Date: July 7, 2009 Re: Accept the Work of D'Arcy & Harty Construction, Inc, far the Cyclic Sewer Re lacement Pro'ect Phase 5 No. P~W.10-00-22 SACKC RO U N D On April 15, 2008, the City Council adopted plans and specifications, and authorized a call for bids for the cyclic sewer replacement project, phase 5, No. P.W. 10-06-22. On June 3, 2005, the City Council awarded a contract in the amount of $3,71,810, including contingencies, to D'Arcy ~ Harty Construction, Inc., for replacement of approximately 14,000 linear feet of sanitary sewer pipelines and 12,000 laterals, 46 manholes and associated work DISCUSSION The project has been completed in accordance with the plans and specifications, and is acceptable to the Public Works Department. The final project cost, including extra work orders, is $3,207,319. FINANCIAL IMPACT Funds far this project are budgeted in the Capital Improvement Program Project No. 95-02}, with monies allocated from the Sewer Service Fund. MUNICIPAL CODEIPOLICY DOCUMENT CROSS REFERENCE This action does not affect the Municipal Code. A-g~nda Itn~ 4~~ O'~07~0~ Honorable I~ayorand IVlembers o~the City Council REC®MMENDATION July 7, 2009 Page ~ of 2 Accept the work of D'Arcy & Harty Construction, Inc, for the cyclic sewer replacement project, phase ~, no. p,w. ~0~00~~~, Respe~- sub fitted ~~ ~ ~~ / Matthew T. Naclerio Public Works Director Approved as to funds and accounts, Glenda D. J y Interim Finance irector N1TN;PS:gc CITY ®F ALAI~EDA Memorandum To: Honorable Mayor and Members of the City Council From; Ann Marie Gallant interim City Manager Date; July 'l, 2009 Re; Adopt a Resolution Authorizing the Filing of an Application for Federal American Recovery and Reinvestment Act of 2000 Funding for Certain Streets Rehabilitation, and Stating the Assurance to Complete the Project Buena Vista Avenue BACKGROUND 0n March 17, X009, the City Council adopted Resolution No. 14313, authorizing the filing of an application for the Federal American Recovery and Reinvestment Act ~ARRA~ of 2009, to provide funding for the repair and resurfacing of Fernside Boulevard from Thompson Avenue to High Street, and Central Avenue from Webster Street to Pacific Avenue, and stating the assurance to complete the project when Caltrans conducted the required field review for both streets, Caltrans determined that the Fernside Boulevard project could have an impact on the historic resources, such as the street trees or buildings, and would not be eligible for a simple Cultural Resources screening and Categorical Exclusion, Therefore, Caltrans directed the City to downscope the project and delete the Fernside Boulevard work, and the City will pursue other funding sources to perform this work Public works staff expects to receive the Authority to Bid for Central Avenue within the next few weeks, and construction is expected to start in late August or early September. DISCUSSION The City recently received notice from the Congestion Management Agency ~CMA~ that additional federal funds are available through ARRA, and the CMA is requesting applications for non-controversial projects. The City proposes to use the additional funds for the repair and resurfacing of Buena Vista Avenue from Grand Street to willow Street All applicants are .required to adopt a resolution using the Metropolitan Transportation Commission template to be eligible to receive funds. The proposed Buena Vista Avenue project, from Grand Street to Willow Street, is a 0.44~mile stretch of a street that functions as a parallel alternative to Clement Avenue and Lincoln Avenue. This portion of Buena Vista Avenue serves AC Transit Route 19. Public Works proposes to reconstruct the failed areas and resurface the street, using rubberized asphalt concrete which uses recycled tires in the asphalt mix. The cost is estimated at $500,000. The estimated useful life of the pavement is 20 years City ~oun~~~ ~epor~ ~~: Ag~~n~~ ~~~nn #~~E o~~ox-o~ Honorable Mayar and Members of the City Council FINANCIAL IMPACT July 7, X009 Page 2 of ~ Funds for the City's annual resurfacing program are identified in the Capital Improvement Program Project No. 8~-01 ~~9}, The estimated cost to reconstruct this section of street is $500,000, including environmental, design, construction, construction management, and contingencies It is estimated that the City will receive $350,000 in ARRA funding that can be used .towards construction and construction management only. The balance of funds is available from Measure B and a grant from the California Integrated Waste Management Board for the use of rubberized asphalt. There is no impact to the General Fund. MUNICIPAL C4DEIPGLICY D®CUMENT CR®SS REFERENCE This action does not affect the Alameda Municipal Code. ENVIRONMENTAL REVIEW A request for Categorical Exclusion was filed with Caltrans on June ~, Z009, as required under the National Environmental Protection Act of 1969. Since there are no state funds involved, the California Environmental Quality Act documentation is not required. RECGMMENDATIUN Adopt a resolution authorizing the filing of an application for Federal American Recovery and Reinvestment Act of 2009 funding far Certain Streets Rehabilitation, and stating the assurance to complete the project Buena Vista Avenue}. Respec ully submitted, Matthew T. Naclerio Public Works C7irector Approved as to funds and account, _~...., Glend . Ja Interim finance Director Bye "Py,~ 7. 'f,.q ~W~' +~0 ~. Barbara Hawkins City Engineer MTN:BH:gc cc: Watchdog Committee CITY OF ALAMEDA RESOLUTION NO. Resolution of Local Support American Recovery and Reinvestment Act of 2009 (ARRA} Funding Authorizin the thin of an a licativn for federal American Recvve and Reinvestment Act vt X009 ARRA tundin tar certain streets rehabilitation and statin the assurance tv cam late the rv'ect WHEREAS, the City of Alameda therein referred as APPLICANT} is submitting an application to the Metropolitan Transportation Commission MTC} for approximately $350,000 in funding from the federal American Recovery and Reinvestment Act of X009 ARRA} far Suena Vista Avenue Rehabilitation, Grand Street to Willow Street, herein referred to as "Certain Streets Rehabilitation" or PROJECT, for the MTC State ARRA Program MTC Resolution No. 3885}; and WI~EREAS, pursuant to ARRA, and any regulations andlor guidance promulgated thereunder, eligible project sponsors wishing to receive Regional ARRA funds for a project shall submit an application first with the appropriate Metropolitan Planning Organization ~MPO}, for review and inclusion in the MPO's Transportation Improvement Program TIP}; and WHEREAS, the Metropolitan Transportation Commission MTC} is the MPO forthe nine counties ofthe San Francisco day region; and WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy MTC Resolution No. 3606, revised} applicable to federal ARRA fund delivery and has adopted for is scheduled to adopt} in MTC Resolution No. 3585 such additional requirements as are necessary or appropriate to meet the obligationslaward deadlines in the ARRA; and WHEREAS, APPLICANT is an eligible projectsponsorforARRAfunds; and WHEREAS, as part of the application for ARRA funding, MTC requires a resolution adopted by the responsible implementing agency stating the following. ~ } that the sponsor understands that the ARRA funding is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded with additional ARRA or other MTC-programmed funds; and 2} that PROJECT will comply with the procedures specified in MTC's Regional Project Funding delivery Policy MTC Resolution No. 3~oD, revised} and with all project-specific requirements as set forth in MTC's Regional ARRA Program ~MTG Resolution No. 3885}; and PRGJECT as described in the application, and if approved, as included in MTC's TiP; and 3} that PROJECT will comply with all the project~specific requirements as set forth in the federal ARRA and appropriate applicable regulations or guidance. Resolution #4-E GC oT-o~-o9 NO1111, THEREFORE, BE IT RESOLVED that the City of Alameda is authorized to execute and file an application for funding under the American Recovery and Reinvestment Act of 2009 for "Certain Street Rehabilitation"; and be it further RESOLVED that the APPLICANT by adopting phis resolution does hereby state that: 1. APPLICANT understands that the ARRA funding for the project is fixed at the MTC approved programmed amount, and that any cost increases must be ,funded by the APPLICANT from other funds, and that APPLICANT daes not expect any cast increases to be funded with additional. ARRA or MTC~programmed funds; and 2. APPLICANT understands the funding deadlines associated with these funds and will comply with the applicable provisions and requirements of the Regional ARRA Program MTC Resolution Non 3~~5~ and Regional Project Funding Delivery Policy MTC Resolution No. 360, as revised}; and 3. PROJECT will be implemented as described in the complete applicatian and in this resolution and, if approved, for the amount programmed in the MTC federal TIP; and 4. PROJECT will comply with all the project~specific requirements as set forth in the ARRA and appropriate applicable regulations or guidance; and be it further RESOLVED that there is no legal impediment to APPLICANT making applications for the funds; and be it further RESOLVED that there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and be it further RESOLVED that APPLICANT authorizes its Executive Director, General Manager, or designee to execute and file an application with MTC for ARRA funding for the PROJECT as referenced in this resolution; and that such APPLICATION shall include, but not be limited to, a certificate under section 1511 of the AARA, in the form attached to this resolution as Attachment A, attached to and incorporated herein as though setfor~h at length; and be it further RESOLVED that a copy of this resolution will be transmitted to the MTC in conjunction with the filing of the application; and be it further RESOLVED that the MTC is requested to support the application for the PROJECT described in the resolution and to include the PROJECT, if approved, in MTC's TIP. **~*~~* 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 regular meeting assembled on the 7t"day of July, 2009, by the following vote to wit: AYES. No~S: ABSBNT; ABSTBNTIC~NS: iN VvITNESS, wHERECF, I have hereunto set my hand and affixed the official seal of said City this Sty day of July, 2009. Lora vveisiger, City Clerk City of Alameda CITY ~F A-LAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Dater ,duly 7, 2.009 Re: Adopt a Resolution Approving a Fourth Amendment to the Agreement from the California State Coastal Conservancy to Implement Spar~lna Eradication and Mitigation Measures and Authorizethe Interim CityManagerto Execute all Required Documents ~A~ KC~_RQ U N D In 2003, the California State Coastal Conservancy ~ConServancy} adopted a Final Programmatic Environmental Impact StatementlEnvironmental Impact Report ~EISIEIR~ to allow for the treatment and control of nonnative Spar~ina in the San Francisco Bay Estuary. This document required the preparation of situ-specific control plans. The Conservancy has prepared an Invasive S,~ar~ir~a Project ~ISP~ Control Program for calendar years 2008 through 2010 for 24 sites throughout the San Francisco Bay Estuary, including four sub~sites along the City's shorelines Gn July 19, 2005, the City Council adopted Resolution No. 13375, which adopted the findings for the nonpnative Spa~l~a eradication program contained in the final programmatic EISIEIR prepared by the Conservancyand alsoadopted a mitigation monitoring reporting program,and statementof overriding considerations. DISC~JSSIGN The CityofAlameda has successfullypartneredwiththe Conservancyonthe ISP Control Program efforts since 2005, and has received grant funding totaling $132,745 for treatment measures and related public outreach activities. For 2009, the City and the Conservancy will continue their partnership to implement the control project and treat the remaining acreage of non-native invasive Spar~ir~a along the City's shoreline. The encumbered balance available to the City underthis Agreement is $59,921, though only $40,000 will be neededforthisyear's project If costs exceed the City's estimate, thenthe Citycan apply forthe additional funds. Based on the current economic climate, the Conservancy requested the City include a revised termination clause in the construction contract stating that the project may be terminated if funds are not available The Conservancy will take the responsibility of its our~~~l , Il~~p~rt ~~: 14gend~ I#~~n #4~F o~r~o7po~ Honorable Mayor and July 7, 2009 Members of the City Council Page ~ of 3 paying for all approved costs up to the point afthe termination notice. If the Citychooses to continue the work, the remaining cost will be the responsibility of the City. Four areas are identified for eradication this year, Alameda Island South, Alameda Island East, Bay Farm Island, and Alameda Island North. To initiate this phase of work, the Conservancy requires a fourth program amendment to extend the approved work period to the 2009 and 200 treatmentseasons. The Citywill be administeringthreeofthe identified work areas as part of the proposed grant. The fourth work area, along the northern Alameda shoreline, is part of the Oakland Inner Harbor project site and will be managed by the Conservancy. For the Oakland inner Harborsite, the City is receiving grant funding only for coordinating the associated public information and outreach. To date, the infestations along the Alameda shoreline have proved relatively resilient to treatment efforts, especially at the Elsie Roemer Bird Sanctuary and along the eastern shoreline. The Elsie Roemer site was identified as one of the more established non-native invasive Spar~r'na infestation sites in the Bay Area. In order to minimize single~season impacts to the endangered California clapper rail, phased control work and limited herbicide application were intentionally implemented at the Elsie Roemer site. vUith the limited application, eradication efforts are more difficult ~o achieve. The ISP has observed that, duetothe previousannualtreatments, S~ar~~na infestations havebeguntodiminish. As the bulk of the plants is reduced, additional treatment and coverage will improve, increasing the overall effectiveness ofthe eradication efforts. The City will continue to provide the public with up~to~date information regarding proposed actions to control invasive Spar~~na. A copy of the Fourth Amendment to the Agreement is on file in the City Clerk's Office. FINANCIAL IMPACT Based on the currentencumbered balance of approximately$70,000 available tothe City u nder this Agreement, there are sufficient funds to proceed with the Spar~lna treatment and eradication activities to be undertaken by the City during 2009, estimated to be $40,000 far construction and outreach.. The City has budgeted an in-kind staff time contribution of $30,000, with funds available from the Urban Runoff fund for 2009 activities. There is no impact to the General Fund. MUNICIPAL CaDEIPC~LICY DOCUMENT CRC7SS REFERENCE The proposed Resolution is consistent with several implemented policies of the CJpen Space and Conservation Element of the General Plan. I~lonorable Mayor and Members of the City Council RBCOMM~NDATfoN July 7, 2009 Page 3 of 3 Adopt a resolution approving a fourth amendment to the agreement from the Conservancy to implement S~ar~~na eradication and mitigation measures and authorise the Interim City Manager to execute all required documents. Respectful submitted, ~'~`.,~` Mat hew T. Naclerio Public Works Director Appraved as to funds and account, Glend . J Interim Fin ce Director MTN:JB:gc cc: California State Coastal Conservancy CITY OF q~gMEDA RESOLUTION NO. APPROVING gFOURTH -!~ FROM THE CAL.~FORNIA TATE OgSTA o THE IMPLEMENT L CONS RVANCY TO MEASURES AND qUT pRIZERT D~CAT~~N EXECUTE ALL REQUIRED DOCU E INTERIM C TY MgN~A~ER~~N MENTS TO ~~~R~As ~Conservanc 1 the Californ' y~ and the Cit !a State ~A9reemen y of Alameda ~ Coasta# Co t~ on Au ust ~Ctty~ execute nservanc eradicate ~ . , g 22, 2005, to u d a partnershi y on acttv~tles an nder~a{~e tnvasiv p Agreement sharelin d public outre e 5~~~~na tr es ofAlameda in ach related to eatment and the amount of these act#vitie $38,093; and s a#ong the ~~~R~AS t to this A r he City and t g Bement on J he ConServan to exceed une 22, 2004, fora CY executed an a $39, 080 for i n additional d' mendment 2004; and nvaslve Spar~irr ~sbursernent to a treatment a the City not nd eradication act~v~tles ~n 11v1~~R~AS amendme J the City and nt to this A ree the Conserve the Cat g meat on Ma ~ nCY execute y not to exceed y 5, 2047, fora d a second act~viti ~ $48,500 for ~ n add~tfonal d~ es to 2007; and ~nvas~vo Spar~ir~ ~sbursernent to a treatment and. eradication 11v~~R~',gs amendmen ~ the City and t to this A ree the Conserv the Cat g meat ®n ~Iune ancy execu Y not to exceed ~ 3, 2008, fora fed a third act~veti $57, 040 for ` n add~tlonal d' es ~n 2008; and ~nvas~vo S ar~ir~ ~sbursement to p a treatment and eradication Agreement is and v11~~R~AS t updated to ~ f he Conserve rm~natlon clause # ncy has rogueste terminate or hat informs th d the Cit i suspend the A e Contractor th Y nclude an Conservanc greement be for at the C®nserv Y she#I be res e the project is ancy may obl~gatrons inc pons~ble fora complete and urred by the ~ ny reasonable that the suspend; and City up to th and non_c e date of then ~ ancelable ot~co to term~n ate or ~~~R~AS fmp#ement f the Conserve . at~an of invaseve ncy has author summer o Spar~ir~a frost lzed the Cit ~ 20 ~ a, under meat and era ~ Y to continue Pro ra the Invasiv d~cation pro`s g m, fifth phase 2 e Spar~ina ~r 1 cts through the ooa, sixth ha 4~ect ~#sp s p se, ~o ~ o ~ ~ ~~~~~~ C and antrol ~~~R~AS t he encumbers $09, 927 for ' d balance avai ~nvas~ve S a fable to the C. p r~ina troatmen rty under this t and eradica ' ton act~vitres~ ~~solution #4~ ~ CC 07.~7.na WHEREAS, the lSP and implementation of the Spartina Control Program remain consistent with Public Resources Code Sections 81160-31164; and WHEREAS, on June ~,8, 2oD5, July ~6, Z005, August 1l, ~OO5, July 1 g, X006, June ~1, ~00~, June ~8, 2007, July 12, 200, August 16, X007, and July 9, Za08, public meetings were held to inform the public about the proposed S~ar~ina control effortse Attendees were supportive ofthe proposed project but did express concerns about herbicide usage and the residual habitat effects. Gverall, attendees were in favor ofthe proposed action plans. Staff will continue to provide the public with up~to~date information regarding proposed actions to control invasive Spar~ina along the Alameda shoreline; and WHEREAS, the City shad carry out the project in accordance with the Agreement, site~specific plans and treatment, and outreach work programs to be approved by the Executive Gfficer of the Conservancy pursuant to the Agreement; and WHEREAS, the City shat! 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 shad be met before the City shall commence the project and the Conservancy shall be obligated to disburse any funds underthe Agreement; NC~W THEREF®RE, ~E lT RESOLVED, that the City approves a fourth amendment to the Agreement from the Conservancy to implement Sparfina Eradication and Mitigation Measures and authorizes the Interim City Manager to execute all required documents. *~~~~* 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 7~~' day of July, 2009, by the following vote to wit: AYES: NOES: ASSENT: A~SENTIC~NS: IN v111TNESS, THERE®F, I have hereunto set my hand and affixed the official seal of said City this 8t~ day of July, X009. Lara vlleisiger, City Clerk City ofAlameda CITY OF ALAMEDA MEMORANDUM To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: July ?, 2009 Re: Adopt a Resolution Requesting and Authorizing the County of Alameda to Levy a Tax on All Real.and Personal Property in the City of Alameda as a Voter~approved Levy far the General Gbligation Bonds [slued ,Pursuantto a General Election held November 7, 2040 BACKG RG U N D Gn November 7, 2000, the voters of Alameda passed Measure "~", authorizing the issuance of bonds in an amount not to exceed $10,600,000 the "Bonds"} to finance the acquisition, construction, and completion of a new Main Library facility and make improvements to two branch library facilities in the City ofAlameda the "Project"~. The issuance of the bonds was predicated upon receiving a Library Construction Grant from the State, The City received the final grant award in December 2002 in the amount of $15,481,952. In March 2003, the City sold $10,600,000 in general obligation bonds. DISCUSSIGN Measure "G" set the maximum tax rate at $151$100,000 of assessed valuation over 30 years. The required tax rate for FY09-10 is $7.011$100,000 of assessed valuation, up from the $7.001$100,000 levied for FY08-09. The increase in the tax rate is primarily due to a decrease in the unsecured tax portion which increased the net debt service from $606,325 to $638,609. This rate will produce sufficient revenues to pay the required debt service during the fiscal year. FINANCIAL IMPACT There is no impact to the General Fund. Debt service for the $10,600,000 General Gbligation Bonds will be paid from this tax levy on all real and personal property in Alameda dty ~~~n~~~ R~~p~rt R~~ ~Igend~ ~t~r~ 4~ a7~a~-a~ Honorable Mayor and July 7, X009 Members of the City Council Page ~ of ~ MUNIC[PAL CODEIPOLICY DGCUMENT CRo~S REFERENCE This action is in conformance ~vith the Alameda Municipal Code and all policy documents, REC®MMENDATION Adopt a resolution requesting and authorizing the County of Alameda to levy a tax on ail real anal personal property in the City of Alameda as a voter approved levy for the General obligation Bonds issued pursuant to a general election held November 7, 2000, Respectfully submitted Glend . 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NNC'~oOC]C](~Mail~~(SjO~©I~Ni~}"~{fl ~~~Qtiai4CdI~cVDi~ 0 Cq ~p N O d' A D O ~D 1~ N fl O ti (~ CO fl n O n ~- O O e- Op O CD 1~ ~' N~ ~; (D ~ 0) iD C~7 c~ c~ N O N O~ M~~~~ M M O M ~'7 ~ O N O fl~ M O N N ~ ti~)~QiI`~nic~~ooaico~iCicQN~~~=~OioMoi~a;i~iN~iM~cc N N ~ ~ Mcp (~o~ c~~ ODltiih rF ~ ~ [~ OM tiM O t~ co -~M OHO cps M~co C ~17o0C~I~NND~'-~'70~?N~Mt-~a7N(0{nMl~r(~prt'C~C~O<1`O~C, ~ u7 ~ CQ (0 00 00 00 ~ ~ ~ ~ ~ Ci ~ r= r: ~ N (V N tYj (Yj ~ rh ~ ~ ~ O"cD [~ ~ c~ ~ n n n n n n n n n n r n n n n r ~- n n n o- ~ ~~ ~ _ _ . _ r p D ~. o -.. i.t~O©rN('~d't,(ycflt~00DDt--..Nc,'~'d'.~._c~I`COCAO~..,...-_ N('7~t~~} oD000DOOrr-rrrr-rrrr{\1(~INNNNNNNN(~M{~(Y?C~(~ ~~~ ~ C3 ~ N D N O o D D o o D O o D D o o D O o D D D o D O C] D D o D D D D D D 0 NNNINNNNNNNNNNNNNNNNNNNN{VNNNNNNNNNN ~ ~ ~, rn ~ o ~~~ rcvc~ "®~ C~ o ry DOD ~- N NNN CITY OFALAMEDA RESOLUTION NO. ,.:~~ ~~ REC~UESTING AND AUTHORIZING THE COUNTY OF ~~~~~ ALAMEDA TO LEVY A TAX ON ALL REAL AND PER ~~ SONAL s `~ PROPERTY 1N THE CITY OF ALAMEDA AS A VOTER ynd ` APPROVED LEVY FOR THE GENERAL OSLIGATION SONDE ISSUED PURSUANT TO A GENERAL ELECTION HELD ~ NOVEMBER 7, 2000 WHEREAS, on November °~, 2000, voters of Alameda overwhelmingly passed Measure "0", authorizing the issuance of bonds in the. amount not to exceed $10,600,000 the "Bonds"~ to finance the acquisition, construction and completion ofa new Main Libraryfacility and improvements to two branch facilities in the City of Alameda the "project"; and WHEREAS, the City of Alameda received a final grant award in December, 2002 in the amount of $15,467,952; and WHEREAS, Resolution No. 13563, adopted by the City Council an March 4, 2003, authorized and directed the sale of nat to exceed $10,600,000 aggregate principal amount of City of Alameda, California General Obligation Bonds; and levying an ad va~orern tax; and WHEREAS, for the purpose of paying the principal of and interest on the Sonds, the City of Alameda must authorize the County of Alameda to levy and collect annually each year an ad valorem tax in an amount sufficient to pay principal and interest on the bonds; and WHEREAS,' Measure "0" set the maximum tax rate at $151$100,000 of assessed valuation over 30 years; and WHEREAS, the required tax rate for Fiscal Year 20092010 is $?'.011$100,000 of assessed valuation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Alameda hereby authorizes the County of Alameda to levy a tax on all real and personal property in the County of Alameda as a voter~approved levy for the General Ob{igation Sonds issued pursuant to the General Election held November 7, 2000. SE IT FURTHER RESOLVED by the City Council of the City of Alameda that the debt service for the $10,600,040 general obligation bonds will be paid from a tax levy on all real and personal property in Alameda of $7.01 per $100,000 of assessed value for 2009-10. *~*~** Resolution #4-G CC 01.07.09 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 7~" day of July, X009, by the following vole to wit: AYES: N®ES: ABSENT: ABSENTI®NS: fN 11vITNESS, WNEREdF, !have hereunto set my Band and affixed the official seal of said Cit this ~t~, da of Jul , 2009, y y y Laravveisiger, City Clerk City of Alameda CITY OF ALA~IEDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant l nterim City Manager Date: July 7, 2009 Re: Adopt a Resolution to Accept the Master Fee Schedule for FY09-10 BACKGRGUND Cn January 22, 1992, the City Council adopted Resolution Number 12191, which codified all fees for services and linked the rate at which the City's fee schedule may be increased to the Consumer Price Index for the San Francisco Bay Area. Subsequently each year, via resolution, the fee structure has been revised and updated to streamline fee collection and incorporate a Citywide Development Fee. Increases to the Citywide Development Fee are based on the Engineering itlews ~ecor~ Construction Price Index for the San Francisco Bay Area. Cn nctober 3, 2000, the City Council approved Resolution 14027, Amending Master Fee Resolution No. 12191 to Revise and Streamline the Planning & Building, Public Works, and Fire Deparfiments Fee Schedules to allow for 100% cost recovery. DISCUSSIGN Cn May 15, 2009, the Bureau of Labor Statistics announced the Consumer Price Index for the San Francisco Bay Area as o.S°/a. Based on Resolution 12191, the eligible fees in the Master Fee Schedule were increased by O.S%. The Engineering IUews Recora~ announced the Construction Cost index for the San Francisco Bay Area as 6~3%. Based on Municipal Code Section 27-3.14, Fee Escalators, the Citywide Development fees were increased in accordance with the Construction Cost Index. The Golf Commission recommends the fees for the Golf Complex. The recommended fee increases have been included in the fee schedule for FY09-10. Fees associated with the Alameda Recreation and Park Department are recommended by the Recreation and Park Commission for adoption by the City Council. The recommended Recreation and Park fees are included in the revised Master Fee Schedule. ~~y ~c~~n~al P~b~a~ Haring Agenda it~~ ~w~A A'TpQ7~09 Honorable Mayor and July?, 2009 Members of the City Council Page 2 oft The City's Affordable Housing Unit and Fee Requirements were established in 1989 to mitigate the housing impacts created by new and expanded non-residential development. Resolution 13336 states that the amounts of the Affordable Housing In- lieu Fees shall be adjusted annually to reflect the percentage change in the cost of construction as reported in the Engir~eerr'r~g News Record Construction Cost Index for fibs San Francisco Say Area. between 2002 and 2008, the fees were adjusted upward a total of 18°/°, or an average of 3°/° per year. In FY08-09, the decision was made to maintain the Affordable Housing In-lieu fee at the same level as FY07-08 because of the economic downturn. The economic environment has not than ed si nificantl since g g y FY08-09, so these fees will remain the same in FY09-10. The City's fees for ambulance and emergency medical services are based on Alameda County's fee schedule. The City has revised and adjusted its. fee schedule to reflect the County fee schedule. Resolution Number 12191 allows for adoption of additional fees at the reasonable cost of providing the related services and for administrative adjustment of fees not greater than ~°/°. No new fees have been added for fihis fiscal year. Fees have been adjusted based on the Consumer Price Index and fibs Eng~neering News Record Construction Price Index for the San Francisco Say Area. The Master Fee Schedule is on file in the City Clerk's ~ffice~ FINANCIAL IMPACT The revenues from the existing fees, as outlined in the Master Fee Schedule, are included in the FY09-10 budget. REC~MM~NDATIC~N Adopfi a resolution updating and revising the Master Fee Schedule for FY09-10. Respectfully submitted, ~... Glenda .Jay Interim nan Director GDJ:dI CITY GF ALAMEDA RESOLUTIaN Na. AMENDING MASTER FEE RESflLUTIGN N0. ~~~9~ TO REVISE FEES WHEREAS, the Alameda Municipal Code and the California Government Code provide that the City Council shall set fees reasonable to recover the cost of providing various services by resolution; and WHEREAS, the City Council, at the August 2~, 199 Special City Council meeting, directed City staff to amend the Alameda Municipal Code to reflect that City fees shall beset by City Council Resolution; and WHEREAS, State law authorizes local governments to charge fees for services based on the estimated reasonable cost of providing the service for which the fee is charged; and WHEREAS, the City Council is authorized to increase fees annually by the applicable consumer price indexes, NGW THEREFGRE, ~E IT RESGI~IIED by the City Council of the City of Alameda that fees for various City services and permits have been adjusted accordingly and are set forth in the Master Fee Schedule ~~~****~ 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 7t" day of July, ~go9, by the following vote to wit: AYES: NGES: ASSENT: ABSENTIGNS: IN WITNESS, WHEREGF, I have hereunto set my hand and affixed the official seal of said City this ~~"day of July, X009. Lara Weisiger, City Clerk City of Alameda Resolution #6~A 07.0?'r09 CITY QF A~AI~EDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date:. July 7, 2009 Re: introduce Qrdinance No~ ,Amending Qrdinance No. 2934, Reducing the Golf Enterprise Fund's Return on Investment ~RQI~ from 1 °/Q to 0.43303°/~ for Fiscal Years 00-4? through 09-14, and Exempting this RQI Entirel Effective Fiscal Year 10-11 SACKGRQUND The City Council adopted Qrdinance No~ 2934 on January 10, 2005, which established a Return on Investment RQI} for Enterprise Funds of 1 ~/o, since the Qolf Fund is cansidered an Enterprise Fund, it was assessed the 1%. The City Council previously instructed stafif, during a City Council budget discussion, to reduce the Golf Fund's RQI. The staff implemented the billing change from 1 °/~ to 4~433~3~/0, effective with FY00-~?' but no Qrdinance change was processed. This amendment effectuates previous City Council directian~ DIS~uSSIQN Staff has reviewed the RQI calculations and presented the result at the May 5, 2009 meeting. Sased on the City Council's directions, Qrdinance No. ~ amends Qrdinance No. 2934, Section 3-28.10 Return on investment in Enterprise Funds, and reduces the Golf Fund's RQI from 1 °/~ to 0.43363°/fl for FY06-Ol through FYQ9-~ 0, and exempts the Fund's RQI entirely effective FY10-11. The City Council forgives the $381,857 due from FY45-0~ through FY08-09 pursuant to the previous form of Qrdinance No~ 2034, and exempts the Golf Enterprise Fund from the RQI charge based on the nature of the Chuck Corica Golf Complex's operation and its ability to retain rates that are competitive with other golf course rates in the area. FINANCIAL IMPACT The City's General Fund revenue for FY09-10 will be reduced by $129,357, which reflects the difference between the full 1 °/~ Return on Investment 4RQ1~ calculation of $228,397 and the .43353°lo calculation of $99,440 The FY49-10 budget, previously approved as the second year of a twa year budget, is presently being revised as a program-performance-based budget. This RQI reduction is incorporated in the General ^4 c~~y co~~~~~ .Agenda ~~~~ ..,G-B 0~~07~0~ Honorable Mayor and Members of the City Council July 7, 2009 Page 2 of 2 Fund revised revenues, and in the Golf Enterprise Fund's amended expenditures for the FYg9~~g budget year. 13y forgiving the Golf Enterprise Fund's past due amounts, the General Fund will not recoverthis ~33~,357 in cash from previous years. MUNICIPAL CUDElP4LICY DOCUMENT CRUSS REFERENCE The Alameda Municipal Code is modified by amending Subsection 3-Z8. ~ o Return on Investment in Enterprise Funds} of Section 3-28 Payment of Taxes} of Chapter Ill Finance and Taxation}, RECGMMENDATIC~N Introduce Grdinance No. ,amending Ordinance No. 2834, reducing the Golf Enterprise Fund's Return on Investment ~RCI}from 1 °/a to 0.4333% for fiscal years Q~~ 07 through o9~~ 0, and exempting this RC~I entirely, effective fiscal year ~ 0~~ ~ . Respectfully submitted, Ann Marie allant Interim Ci Manager Approved as to funds and account, Mend y Interim Finance Director CITY OF ALAMEDA ORDINANCE No. New Series ~~~, AMENDING THE ALAMEDA MUNICIPAL CODE ~Y AMENDING ~b SUBSECTION 3-28.10 RETURN ON INVESTMENT (N ~~ 4 ENTERPRISE FUNDS} OF SECTION 3428 PAYMENT OF TAXES} OF CHAPTER III FINANCE AND TAXATION} TO REDUCE THE GOLF FUND'S RETURN ON INVESTMENT FROM 1 °la TO 4.43303°/a FOR FISCAL YEARS 00-D?' through 09-10, AND EXEMPTING THE GOLF FUND'S RETURN ON INVESTMENT ENTIRELY, EFFECTIVE FISCAL YEARS 10-11 ~E IT ORDAINED by the Council of the City of Alameda that. Section 1. The Alameda Municipal Code is hereby amended by amending Subsection 3-28.1 d (Return on Investment in Enterprise Funds) of Section 3-28 (Payment of Taxes) of Chapter II{ (Finance and Taxation) to read as follows: 3-2~.~0 Return vn Investment in Enterprise ~undse As permitted by ~anse~ v. City of San ~uer~a Venf~ra, 42 Cal.3d 11 ~~ X1980}, each of the city's enterprise funds, ether than the sewer service fund, shall make an annual payment to the General Fund, as a return on the City's investment in the assets of the enterprise fund, of la/a of the value of its fixed assets as of June 30, 2044 adjusted annually for inflation after that date in the amount of the lesser of 2°/a or the increase in the Consumer Price Index far Ail Urban Consumers for the San Francisco day Area published by the bureau of Lobar Statistics of the United States Department of Labor, or any successarto that index. Effective Fiscal Years 00-O1 through 09-10, the Golf Fund's Return on Investment in its assets shall be reduced from 1 a/a to 0,43303°/Q, Effective Fiscal Years 10-11, and thereafter, the Golf Fund shall be entirely exempt from making an annual payment to the General Fund as a Return on Investment. Section 2. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shat( not affect the v alidity or constitutionality of the remaining portions of this ordinance. The City Council of the City of Alameda hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause, or phrase hereof, irrespective of the fact that any one or mare sections, subsections, sentences, clauses or phrases hereof be declared invalid or unconstitutional. Introduction of ®rdinance #fip~ 01.07-09 Section 3. To the extent the provisions of the Alameda Municipal Code as amended by this ordinance are substantially the same as the provisions of that Code in effect prior to the adoption of this ordinance, those provisions shall be construed as continuations ofthose prior provisions and not as new enactments. Section 4. This ordinance shall be in full force"and effect from and after the expiration of thirty (30) days from the date of its final passage as provided in Section 312 of the Charter of the City of Alameda. ____. Presiding Officer ofthe City Council . Attest: LaralJVeisiger, City Clerk *~~~~~ 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 7t"day of July, 2009 by the following vote to wife AYES: NOES: ABSENT. ABSTENTIONS. 1N IIVITNESS, llvHE~EOF, I have hereunto set my hand and affixed the official seal of said City this 8f~ day of July, 2009a Laravlleisiger, City Clerk City of Alameda