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2009-08-03 PacketCITY OF ALAMEDA * CALIFORNIA eY' SPECIAL MEETING of THE CITY COUNCIL MONDAY - - - AUGUST 3, 2009 - - - 6 :00 P.M. Time: Monday, August 3, 2009, 6: 0 0 p.m. Place Cit Counoil Chambers Conference Room, City Hall, corner of Santa Clara Avenue and oak Street err r,An ■ 1. Roll Call - City Council 2. Public Comment on Agenda Items only Anyone wishing to speak on agenda items only, may speak for a maximum of 3 minutes per item 3. Adjournment to Closed Session to consider: 3 -A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (54956.9) Name of Case Weisiger v. International Association of Fire Fighters 4. Announcement of Action Taken in Closed Session, if any 5. Adjournment - City Council +r1 Beverly n ayor i{�.� "• tiL 7L rr CITY OF ALAMEDA * CALIFORNIA SPECIAL JOINT MEETING of THE CITY COUNCIL ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY (ARRA), AND COMMUNITY IMPROVEMENT COMMISSION (CIC) MUINDAY - - - AUbUbT J, 2UUy - - - 1 : U L Location Cit Council Chambers. City Hall, corner of Santa Clara Avenue and oak Street Public Participation Anyone wishing to address the Council/Board /Commission on agenda items or business introduced by the Council/Board /Commission may speak for a maximum of 3 minutes per agenda item when the subject is before the Council/Board /Commission. Please file a speaker's slip with the Deputy City Clerk if you wish to speak on an agenda item. SPECIAL MEETING of THE CITY COUNCIL 6 :00 P.M. CITY COUNCIL CHAMBERS CONFERENCE ROOM Separate Agenda (Closed Session) PLEDGE of ALLEGIANCE 1. ROLL CALL - City Council, ARRA, CIC 2. 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 2 -A. Minutes of the Special City Council Meeting, the Regular City Council Meeting, the Special Joint City Council and Community Improvement Commission Meeting, and the Special City Council Meeting held on July 21, 2009. [City Council, CIC] ( City Clerk) 2 -B. Adoption of Resolution Approving a Revised Memorandum of Understanding Between the International Association of Firefighters and the City of Alameda for the Period of January 6, 2008 Through January 2, 2010. [ City Council] ( Human Resources) 2 -C. Adoption of Resolution Amending the Management and Confidential Employees Association, Alameda Fire Management Association, and Executive Management Salary Schedules. [City Council] (Human Resources) 3. CITY MANAGER COMMUNICATIONS 3 -A. Financial State of the City - FY09 -10 3 -B. State Budget Impacts - Present and Future 3 -C. City Budget Forecast - FY10 -11 and Thereafter 4. REGULAR AGENDA ITEMS 4 -A. Adoption of Resolution Appointing Lorre Zuppan as a Member of the Planning Board. [City Council] 4 -B. Adoption of Resolution Calling a Special Election in the City of Alameda for the Purpose of Submitting to the Electors an Initiative Charter Amendment Entitled, "Fire and Emergency Medical Services Minimum Protection." [City Council]; and ■ Adoption of Resolution Calling an Election in the City of Alameda for the Purpose of Submitting to the Electors a Proposal to Amend the City of Alameda Charter by Adding Sections 17 -18 Regarding Funding of Minimum Staffing and Equipment Requirements and Proposing said Charter Amendments. [City Council] (City Clerk) 4 -C. Public Hearing to Consider Adoption of Resolution Establishing Proposition 4 Limit (Appropriation Limit) for Fiscal Year 2009 -2010. [City Council] (Finance) 4 -D. Adoption of Resolutions Approving and Adopting the Operating and Capital Budget and Appropriating Certain Moneys for the Expenditures Provided in Fiscal Year 2009 -2010. [City Council, ARRA, CIC] (Finance) 4. ADJOURNMENT - City Council, ARRA, CIC 0" Beverly n tyor Chair, AR C • 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 to request an interpreter • Equipment for the hearing impaired is available for public use • 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 to request agenda materials in an alternative format, or any other reasonable accommodation that may be necessary to participate in and enjoy the benefits of the meeting UNAPPROVED MINUTES OF SPECIAL CITY COUNCIL MEETING TUESDAY- - -JULY 21, 2009- -6 :00 P.M. Mayor Johnson convened the Special Meeting at 6 :15 p.m. ROLL CALL - Present: Councilmembers deHaan, Gilmore, Matarrese, Tam, and Mayor Johnson - 5. [Note: Councilmember Tam was present via teleconference from the National Emergency Training Center, 16825 S. Seton Avenue, Emmitsburg, MD] Absent: None. The Special Meeting was adjourned to Closed Session to consider: 9- 3 Conference with Labor Negotiators; Agency Negotiators: Craig Jory and Human Resources Director; Employee Organizations: All Bargaining Units. ( 09- ) Conference ice with Real Property Negotiators (54956.8); Property: 1855 N. Loop Road and 1 Clubhouse Memorial Drive; Negotiating parties: City Manager and Harbor Bay Isle Associates; Under negotiation: Price and terms. Mayor Johnson called a recess to hold the Regular Council Meeting at 7 :20 p.m. and reconvened the Closed Session at 1.0 :00 p.m. Following the Closed Session, the Special Meeting was reconvened and Mayor Johnson announced that regarding Labor Council received a briefing from its Labor Negotiators; no action was taken; and regarding Property the matter was not continued to a later date. Adjournment There being no further business, Mayor Johnson adjourned the Special Meeting at 10 :15 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Special Meeting Alameda City Council July 21, 2009 ZTNAPPROVED MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY -- -JULY 21, 2009- -7:30 P.M. Mayor Johnson convened the Regular Meeting at 7:35 p.m. Councilmember Gilmore led the Pledge of Allegiance. ROLL CALL, - Present: Councilmembers deHaan, Gilmore, Matarrese, and Mayor Johnson - 4. Absent: Councilmember Tara - 1. AGENDA CHANGES None. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS ( 09- ) Presentation by the Park. Street Business Association on the 2 5 Annual. Art and Wine Faire. Rob McKean, Art and Mine Faire Chairman, presented glasses; stated approximately 100,000 people carne to the Faire last year. Robb Ratto, Park Street Business Association, stated attendance at the Spring Faire increased from 40,000 to 50,000. CONSENT CALENDAR Councilmember Matarrese moved approval of the Consent Calendar. Nice Mayor deHaan seconded the motion, which carried by unanimous voice vote - 4. [Absent: Councilmember Tara - 1. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number. ( *09- ) Minutes of the Special and Regular City Council Meetings held on July 7, 2009. Approved. ( *09-- ) Ratified bills in the amount of $2,893,890.78. ( *09- j Recommendation to Adopt Plans and Specifications and Authorize a Call for Bids for the Alameda Harbor Bay Channel Dredging Project, No. P.W. 0 6 -0 9.14 . Accepted. ( *09- ) Recommendation to Adopt Plans and Specification and Authorize a Call for Bids for the Repair of Portland Cement Concrete Sidewalk, Curb, Gutter, Driveway, and Minor Street Regular Meeting Alameda City Council Z July 21, 2009 Patching, Fiscal Year 200912010, Phase 10, No. P.W. 06-09-15. Accepted. ( *09- Recommendation to Award a Contract in the Amount of $287,420, Including Contingencies, to MDF Pipelines for the Central Avenue Sewer Rehabilitation, Pacific Avenue to Third Street, No. P.W. 05- 09 -13. Accepted. Recommendation to Award a Contract in the Amount of $618,815, Including Contingencies, to Harty Pipelines for the Fernside Boulevard Seger Rehabilitation, Thompson Avenue to High Street, No. P.W. 03 -09 -0 9 . Accepted. ( *09- ) Recommendation to Accept the Work of Marine Express, Inc., for the Main Street Ferry Terminal Barge Maintenance Project. Accepted. ( *09-- } Resolution No. 14362 "Authorizing an open Market Purchase Pursuant to Section 3 -15 of the Alameda City Charter for the Annual. Fuel Delivery to various Locations Within the City of Alameda for Fiscal. Year 2009 -2010 and Authorizing the Interim City Manager to Enter into Such an Agreement. "" Adopted. ( *09- ) Resolution No. 14363 "Authorizing the Interim city Manager to Enter into a Maintenance Agreement between the City of Alameda and the State of California Department of Transportation for the Maintenance of the Bicycle Path at the Foot of the North Side of the Bay Farm Island Bicycle Bridge." Adopted. ( *09- Resolution No. 14364 "Approving the Development Plan and the Time Schedule for the Sewer System Management Plan as Adopted by the State hater Resources Control Board." Adopted. ( *09- ) Resolution No. 14365 "Approving Parcel Map No. 9787 ( 3211 -3215 Ferrnside Boulevard)." Adopted. ( *09- ) Resolution No. 14366 "Authorizing the Destruction of Specified Unnecessary Records of the Hunan Resources Department." Adopted. ( *09- } Resolution No. 14367 "Approving a Revised Memorandum of Understanding Between the Alameda City Employees Association and the City of Alameda for the Period Commencing July 1, 2009 and Ending June 30, 2 01.1.. " Adopted. ( *09- ) ordinance No. 2998 "Amending the Alameda Municipal Code by Amending Subsection 3-28.10 ( Return on Investment in Enterprise Funds) of Section 3.28 ( Payment of Taxes) of Chapter III ( Finance Regular Meeting Alameda City Council 2 July 21, 2009 and Taxation) to Reduce the Golf Fund's Return on Investment from 1° to 0.43363% for Fiscal Years 2006 -07 through 2009 -10 and Exempting the Golf Fund's Return on Investment Entirely, Effective Fiscal. Year 2010 -11." Finally passed. ( *09- ) ordinance No. 2999 "Amending the Community Improvement Plans for the Business and Waterfront Improvement Project and the Chest End Community Improvement Project to Make Technical Clarifying Changes." Finally passed. ( *09- ) Public Hearing to Consider ".Approving Tentative Tract Map No. 8015 the Alameda Towne Centre." Adopted. CITY MANAGER COMMUNICATIONS Resolution No. 14368 (File No. PLN08 -05071 at ( 09- ) FY 08 -09 Year End and FY 09 -10 Annual Budget - Remaining Challenges. The Interim. City Manager gave a brief presentation. Counci /member Gilmore stated the State will not get serious about fixing budget issues until City, County and Redevelopment Agency funds are depleted. Councilmember Matarrese stated school boards, councils, and special districts have had to raise taxes to survive; budgets cannot be prepared using previous year plus growth. The Interim City Manager stated every day will be a conscience budget day. In response to Counci /member Matarrese's request, the Interim City Manager stated at the beginning of the year, PERS advised the City that rates could increase by 2% to 6 %; now, PERS is saying that rates could increase by 6% to 12%; the City will need approximately $5.5 to $6 million in Fiscal Years 2011 -2012 and 2012 -2013 to pay for past PERS' obligations. Mayor Johnson stated PERS modified some investment strategies and parameters; people need to understand that PERS takes no risk; PERS comes back to cities for more money when investments go bad. The Interim City Manager stated losses discussed earlier in the year were based on the [stock] market crash and did not include the real estate market; PERS has become a quasi-banking entity in California; cities will drop out of PERS in the future. Regular Meeting Alameda CiLy Council 3 July 21, 2009 In response to Mayor Johnson's inquiry, the Development Services Director stated redevelopment agency funding is guaranteed in the Constitution; cities have band together to sue the State over taking redevelopment funds; a lot of money in the Education Revenue .Augmentation Fund (ERAF) is not going to education but is being used to repay the tripile flip in some counties; the State maintains that deciding how property taxes are dispersed is the Sta Le' s purview; the Superior Court determined that the taking [ of funds] was illegal; the City' s f irst redevelopment project was the conversion of a shipyard to the Marina Village development; the State is trying to restructure redevelopment, take control of property taxes, and find a vehicle to redistribute funds back to the State. Vice Mayor deHaan .inquired how the City can anticipate redevelopment of the former Base. The Development Services Director responded the City no longer has Urban Development Action grants and economic development grants to provide massive infrastructure; stated all of the old, internal infrastructure needs to be cleaned and demolished to support development; State resources are no longer available; stated that she does not have an answer regarding redevelopment of the former Base. Vice Mayor deHaan stated the State Controller provided a chart weeps ago that anticipated an .increase of 2° to 3° in the middle of 2010; now, all bets are off. The Interim City Manager stated the $23 bill ion [ State deficit] that allegedly will he cut in half through borrowing does not factor in the future cost of State services; no one has mentioned what the PERS impact will be to the State; unemployment projections do not reflect the reality of government employee layoffs in late May and June; the State is not making decisions to cut services, and keeps pushing the responsibility down. Vice Mayor deHaan stated many municipalities are on the brink [of bankruptcy]. The Interim City Manager stated nothing has happened the way everyone thought it would back in January; the City is looking at a longer, shallower recovery; revenues and expenditures will need tc be evaluated every quarter. Mayor Johnson .inquired what would happen if governments start to default on PERS payments. Regular Meeting Alameda City Council 4 July 21, 2009 The Interim City Manager responded the PERS Board provides a report every ninety days; stated that she is not sure whether or not the City would receive a notice. Mayor Johnson stated the City should request a notice; some agencies will not be able to afford to make PERS payments. The Interim City Manager stated smaller cities will be revisiting whether being a city is affordable. Vice Mayor deHaan stated decisions made years ago are coming to light more quickly because of the state of the economy. Mayor Johnson stated cities have to be careful not to make commitments that cannot be changed. The Interim City Manager stated Cash is the issue with the State right now; the State does not care whether cities sue on constitutional issues because the State will still have cities' money in the interim. REGULAR AGENDA ITEMS ( 09-- ) Public Hearing to Consider a Planning Board Recommendation to Abandon the Proposal to Establish New zoning Provisions to Limit the Height and Size of Tiro -Story Residential Buildings for property located on the 3200 Block of San Jose Avenue, Adams Street, and Washington Street. The Planning Services Manager gave a Pager Point presentation. Vice Mayor deHaan inquired what are the recommendations for the existing vacant lots. The Planning Services Manager responded the recommended design review guidelines would be applicable to new, single family dwellings in addition to second story additions to existing homes; stated the proposed tiro -story home would need to comply with zoning regulations in the Municipal Code. Vice Mayor deHaan inquired whether existing guidelines would be used for the vacant lots. The Planning Services Manager responded in the affirmative; stated currently, the guidelines do not include ranch-style homes. Vice Mayor deHaan stated the issue arose because a new, proposed st ructure had some encroachments that impact the existing ranch- Regular Meeting Alameda City Council �D July 21, 2009 style homes. Mayor Johnson stated the issue arose because three years ago there was a proposal to add a second story with six bedrooms and six bathrooms to an existing home. In response to Mayor Johnson's .inquiry abut the status of the project, the Planning Services Manager responded an application has been submitted and staff advised the Applicant that the City is going through a process to adopt new zoning regulations that would limit the size and height of second-story buildings or design guidelines; the property owner has been holding off on the project in order for the City to go through the process. Mayor Johnson inquired hoer long the property owner has held off on the project, to which the Planning Services Manager responded two years. Mayor Johnson stated the process is not good. The Planning Services Manager stated the property owner has chosen to hold off on the project to ensure that the City's updated process is in place. Mayor Johnson stated the situation reminds her of the Fernside Boulevard house; the project took over two years to go through the Planning Department process, which is embarrassing. Nice Mayor deHaan stated the Planning Department was directed to review the platter in early 2007; anguish is being caused by addressing the matter two years later. Mayor Johnson opened the public portion of the hearing, Speakers Charles Wolf, Alameda; Victor Quintel, Alameda; Dave McCarver, Alameda; Ann Quintel, Alameda . There being no further speakers, Mayor Johnson closed the public portion of the hearing. Mayor Johnson inquired whether staff is proposing to exempt corners. The Planning Services Manager responded corner lots are required to follow R -1 zoning requirements. Mayor Johnson inquired whether R -1 zoning requirements are different from ranch-style overlay regulations. Regu'ar Meeting Alcimeda. City Council 5 July 21, 2009 The Planning Services Manager responded ranch overlay regulations would be in addition to existing R--1 zoning requirements. Mayor Johnson inquired whether ranch overlay regulations would apply to corner lots, to which the Planning Services Manager .responded in the affirmative. Following Ms. Quintel's comments, Mayor Johnson inquired whether the Planning Board recommendation is to establish design review guidelines. The Planning Services Manager responded the Planning Board thought the design review guidelines could be strengthened with respect to ranch - -style architecture; stated the packet contains a draft of the guidelines. councilmember Gilmore inquired whether design review guidelines are binding. The Planning Services Manager responded staff follows design review guidelines and provides the guidelines to applicants; stated staff uses the guidelines to determine whether or not to approve a design review apply- cation; staff determines if a project is consistent with the design guidelines; the guidelines are linked to the zoning ordinance; staff encourages applicants to redesign projects if projects are not consistent with the guidelines; otherwise, staff denies the application, which can be appealed to the Planning Board. Mayor Johnson stated that she understands why the community has lost confidence in the Planning Department applying design review guidelines; the monster house at Pacific Avenue west of Webster Street is four times bigger than any other house in the area; it was too late to do anything by the time the matter came to council; staff stated the project was not a demolition, but was a deconstruction and reconstruction since six structural pieces of good were used inside the galls. councilmember Gilmore inquired what is the height limit in an R-1 zone, to which the Planning Services Manager responded thirty feet. councilmember Matarrese stated having mid- century and ranch-era- guidelines would be helpful; the South Shore development has an entire neighborhood consisting of ranch -style homes; the overlay would be beneficial for properties located on the 3200 block of San Jose Avenue, Adams Street, and Washington Street. Regular Meeting .Alameda City Council 7 July 21, 2009 Councilmember Gilmore stated that she is sympathetic with property owners in the area; not having requirements would be more attractive to a buyer because more could be done with the property; owners would be burdened with an overlay that is not required elsewhere; residents grant design review guidelines tightened up but are not in favor of the overlay. Mr. McCarver stated that he does not grant to burden neighbors with a strict overlay; the Planning Department was supposed to come forward with guidelines, meet with the neighborhood, and find the best way to nake the situation work; that he does not feel there was a true consensus and is very disillusioned with the process. Councilmember Gilmore stated single -story homes could be sandwiched between two -story houses unless second -story homes are prohibited. Mr. McCarver stated the design review guidelines note that second- - story additions within a predominately single -story neighborhood need to be sufficiently set back to maintain the characteristics of the neighborhood. Mayor Johnson stated the guidelines are very clear but were not followed for the house next door to Mr. McCarver. In response to vice Mayor deHaan's inquiry regarding plans for a vacant lot, the Planning Services Manager stated the proposal went before the Planning Board and the Planning Board re =erred the matter back to the applicant; currently, staff is working with the Applicant to revise the design. Vice Mayor deHaan inquired hoer vacant lots would be developed. The Planning Services Manager responded separate overlay zoning regulations could be developed limiting a second-story floor area to 800 square feet, .limiting the height to 20 feet, and requiring that the second story be constructed at the rear of the existing building; the proposal could be brought to the Planning Board for recommendations and to the city council for final review and approval; the proposed zoning regulations would apply to interior lots as well corner lots. Vice Mayor deHaan stated that he attended the first community meeting; the general consensus was that residents understood ghat was presented and were receptive. The Planning Services Manager stated the majority of speakers at the second community meeting and Planning Board meeting were not in support of an overlay district. Regular Meeting Alameda City Council 8 July 21, 2009 Councilmember Gilmore inquired whether the Planning Board's recommendation was to deny creating an overlay district, tighten up design review guidelines, and hire a consultant to work with staff on the matter . The Planning services Manager responded a consultant has prepared the draft guidelines; stated staff would continue to work with the consultant to finalize the guidelines. Councilmember Gilmore inquired whether the guidelines would go back to the Planning Board for another public hearing once finalized, to which the Planning Services Manager responded in the affirmative. Mayor Johnson stated the community needs a commitment that the guidelines will be applied in a rational manner; the guidelines have been misinterpreted in other cases; requiring Harbor Bay residents to put in windows without panes is another misapplication of design review guidelines; credibility needs to be established; design review guidelines are not rules. The Planning Services Manager stated staff looks at the guidelines as a very important set of tools to educate planners and applicants. Councilmember Matarrese stated guidelines are not rules, are not binding, and will be interpreted; the proposed overlay sets very clear boundaries; the question is whether Council wants to redesign projects or require residents to address the issue; that he is not sure whether having Council design projects on appeal is a god use of tine; that he is looking for something to establish boundaries on how far people can go within the guidelines. Mayor Johnson stated design review guidelines should be put in place soon so that vacant lots would be subject to the guidelines; staff needs to determine what needs to be done to ensure that guidelines are not misapplied or ignored; staff cannot rely on individuals to appeal; an overlay would not require neighborhoods to be vigilant in ensuring guidelines are applied rationally. Councilmember Matarrese inquired what is the difference between design review requirements and guidelines. The Planning Services Manager_ responded design review requirements make it necessary :nor someone to get architectural approval for design; stated the permit is discretionary; an appeal can be made to the Planning Board once a decision is made; design review guidelines assist staff in evaluating applications. Regular Meeting Alameda City Council 9 July 21, 2009 The Assistant City Manager stated sometimes guidelines are over applied or under applied; design review has quite a bit of discretion. Councilmember Matarrese inquired whether corner lots have to comply with the guidelines, to which the Assistant City Manager responded in the affirmative. Councilme -tuber Matarrese inquired whether anything can be done to accelerate finalizing the revised design review guidelines. The Assistant City Manager responded applications can be processed using the draft guidelines. Councilmember Matarrese stated requirements addressing the look of the neighborhood are needed in addition to R -1 zoning requirements. Councilmember Gilmore inquired whether property owners would have to disclose that the neighborhood has an overlay district when houses are sold. The City Attorney responded real estate professionals disclose zoning requirements; suggested that Council give direction to tighten up the guidelines even if a zoning overlay is created; stated guidelines are not merely suggestions, but are regulations adopted and approved by the Planning Board or City Council; the guidelines do not have the same weight as an ordinance or resolution but work with City zoning ordinances. Councilmember Gilmore moved approval of the Planning Board recommendation to institute design guidelines and do whatever is needed to expedite the process. Vice Mayor deHaan stated strengthening the guidelines is important; the guidelines need to be followed. Councilmember Matarrese seconded the motion with amendment to include that corner lots be subject to the guidelines, that the guidelines incorporate ranch -era additions, and that the guidelines are not restricted to the proposed overlay zone. Councilmember Gilmore agreed to amend the motion. Linder discussion, vice Mayor deHaan inqui red whether the Madison Street residents would be excluded, to which Councilmember Matarrese responded the guidelines would apply. Regular Meeting Alameda City Council 10 July 21, 2009 The Planning Services Manager stated staff does not have administrative instructions on how to use the guidelines; an administrative memo could be created to ensure consistent application of the guidelines. The Interim City Manager stated staff would come back and advise how the process will be addressed. On the call for the question, the motion carried by unanimous voice vote - 4. [Absent: Councilmember Tangy - 1.] Councilmember Matarrese inquired how the neighborhood would be protected moving forward. The Interim. City Manager responded staff would establish internal checks and balances; stated staff would provide said information in October. Councilmember Matarrese stated that he is not sure whether the Applicant held back on the pending application or was told to hold back. The Assistant City Manager stated the Applicant's design proposals have not been up to snuff and have been sent back to the drawing board a couple of times. Vice Mayor deHaan inquired how the project would be measured. The Assistant City Manager responded the project would be measured using the draft guidelines. Mayor Johnson inquired ghat would happen if an applicant used past cases for design review interpretations. The City Attorney responded the City just has to prove decisions are not arbitrary and capricious. Mayor Johnson inquired what would happen if staff made the decision, to which the City Attorney responded the same standard would apply. Councilmember Matarrese inquired how challengeable are draft guidelines versus approved guidelines. The Planning Services Manager responded draft guidelines are more informational and help supplement the existing approved residential guidelines. Regular Meeting Alameda City Council Z July 21, 2009 Counci lmember Matarrese inquired how an applicant' s attorney would view the matter. The City Attorney suggested that the word "draft" be taken off the guidelines; stated guidelines approved by a legislative body become policy. ORAL COMMUNICATIONS, NON- AGENDA ( 09-- ) Floyd Hunter, Alameda, submitted a letter; suggested open space on the Beltline property be called the Jean Sweeney Park. Councilmember Matarrese stated several years ago, the lot at the end of Maitland Drive was sold and approximately $1 million was put into the Open space fund; inquired whether the money would be used to buy the [Beltlinel property, to which the Interim City Manager responded in the affirmative. Nice Mayor deHaan inquired whether future use of the property is being investigated, to which the Interims. City Manager responded the matter would be considered once the City receives the deed. ( 09- } James Leach, Alameda, stated several soft story retrofit designs he has done have not cost much; stated the list of soft story structures should be made public. Mayor Johnson inquired whether the list is public information.. The Assistant City Manager responded property owners are able to argue whether or not buildings are soft story for a short period of time; stated information becomes public once the time runs out. Mayor Johnson inquired how much time is allotted for appealing whether or not a building is soft story, to which the Assistant City Manager responded that he would need to check. COUNCIL REFERRALS None. COUNCIL COMMUNICATIONS ( 09- ) Consideration of Mayor's nominations for appointment to the Youth Advisory Commission. Mayor Johnson nominated Hannah Borman, Joran Flores, Valerian Lee, Anjuli Sastry, Bhaani Singh and Angela Sterling Vick. ( 09- ) Mayor Johnson nominated Lorre Zuppan for appointment to Regular Fleeting Alameda City Council 12 July 21, 2009 the Planning Board. ( 09- Councilmember Matarrese stated the block of Clement Avenue between Oak Street and Walnut Avenue has abandoned vehicles with trailers attached; the abandoned property at oak Street and Clement .Avenue going west is full of graffiti. Mayor Johnson inquired hoer the Police Department monitors abandoned vehicles. The Interim City Manager stated an update would be provided under City Manager:Communications at a future meeting. Nice Mayor deHaan stated some vehicles have been tagged but not towed; one tagged recreational vehicle has been around for three years and is just moved . ( 09- } Vice Mayor deHaan inquired whether any direction has been given regarding not watering certain areas of Leydecker Park. The Recreation and Park Director responded water has been concentrated on athletic f fields due to the 30% grater reduction imposed by the East Bay Municipal Utility District (EBMUD ) ; the reduction was changed to 15% on July 1; perimeter areas would begin being watered. Vice Mayor deHaan stated some areas probably have been left in a state of disrepair. The Recreation and Park Director stated hopefully, the areas will come back. Mayor Johnson stated the long -term issue is to put in bay friendly landscaping. ADJOURNMENT There being no further business, Mayor Johnson adjourned the Regular Meeting at 9.59 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Council 13 July 21, 2009 L NAP PROVED MINUTES OF THE SPECIAL JOINT CITY COUNCIL AND COMMUNITY IMPROVEMENT COMMISSION (CIC) MEETING TUESDAY- -JULY 21, 2009- -7:31 P.M. Mayor /Chair Johnson Convened the Joint Meeting at 9 :59 p.m. ROLL CALL - Present: Councilmembers /Commi ssioners deHaan, Gilmore, Matarrese, and Mayor /Chair Johnson - 4. Absent: Councilmember /Commissioner Tam - 1. CONSENT CALENDAR Councilmember /Commissioner Matarrese moved approval of the Consent Calendar. Vice Mayor /Commissioner deHaan seconded the motion, which carried by unanimous voice vote - 4. [Absent: Coun.cilmember/Commissioner Tarr:. - 1.] [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] ( *09- CC / *09- CIC Minutes of the Special Joint City Council and CIC Meeting held on July 7, 2009. Approved. ( CIC Recommendation to Approve First Amendment to the Disposition and Development Agreement with Alameda Entertainment Associates, L.P., Relating to the Ground Lease and Historic Theatre Lease, Subordination Agreement Between the Community Improvement Commission of the City of Alameda, Alameda Entertainment Associates, L.P., and Bay Area Employment Development Company; and Authorize the Executive Director to Execute and Record a Memorandum of First Amendment to the Disposition and Development Agreement and Notice fo:� Request of Default. Accepted. AGE ITEMS None ADJOURNMENT There being no further business, Mayor /Chair Johnson adjourned the Special Joint Meeting at 10 :00 p.m. Respectfully submitted, Lara Weisiger, City Clerk Secretary, CIC Agenda for meeting was posted in accordance with the Brown Act. Special Joint Meeting Alameda City Council and Community Improvement Commission July 21, 2009 UNAPPROVED MINUTES OF THE SPECIAL CITY COUNCIL MEETIN TUESDAY- -JULY 21 2009- -7:33 P.M. Mayor Johnson convened the Special Meeting at 10 :02 p.m. ROLL CALL - Present: Councilmembers deHaan, Gilmore, Matarrese, and Mayor Johnson - 4. Absent: Councilmember Tam CONSENT CALENDAR Councilmember Matarrese moved approval of the Consent calendar. Councilmember Gilmore seconded the motion, which carried by unanimous voice vote -- 4. [Absent: Councilmember Tara [ Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] ( *D9- } Recommendation to Appropriate $1,304,000 in Federal American Recovery and Reinvestment Act of 2009 Funding, $59,000 in Rubberized. asphalt Concrete Grant Funds, and $71,000 from Fund 2 7 4 . 1, and Award a contract in the Amount of $1, 2 4 7 , 0 3 9 , Including Contingencies, to Gallagher & Burk, Inc. for the City of Alameda Various Streets Rehabilitation. Project (Central Avenue No. P.W. 02- 09 -04). Accepted. Councilmember Matarrese moved approval of the staff recommendation. Councilmember Matarrese inquired whether the $1.3 million Federal American Recovery and Reinvestment Act funding is money that the City did not have before and is federal stimulus money, to which the Public Works Director responded in the affirmative. AGENDA ITEMS None ADJOURNMENT There being no further business, Mayor Johnson adjourned the Special Meeting at 10:02 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Special Meeting Alameda City Council July 21, 2009 CITY OF AL.A.MEDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Gate: August 3, 2000 Re: Adopt a Resolution Approving a Revised Memorandum of Understanding Between the International Association of Firefighters and the City of Alameda for the Period Beginning January 0, 2008 Through January2,2010 BACKGROUND The proposed Memorandum of Understanding (MOU) between the City of Alameda and the International Association of Firefighters (IAFF) is for the period of January 6, 2008 through January 2, 2010. The MOU is on file in the City Clerk's office. DISCUSSION The City of Alameda labor relations representatives and representatives of IAFF agreed to mediate in an attempt to resolve the current impasse in labor negotiations. As a result of the July 2155 mediation, the parties agreed to a revised MOU which does not include any gage increases during the two -year term from January 0, 2008 through January 2, 2010. Similar to the revised APOA terms, the parties also agreed to revise the vacation benefit to a pay period accrual method and to extend the current health benefits through the term of the MOU. Additionally, IAFF representatives agreed to participate in a public safety labor /management committee to develop mutually agreeable alternative provisions for retiree medical benefits for future employees. FINANCIAL I M PACT The cost for implementation of the health and welfare benefit adjustments to the General Fund for FY09 -10 is approximately $30,717. This cost is included in the FY00- 1 0 budget as a projected benefit increase. Special cc /A1RRA/cc Report Re: Agenda Item ##2m*B QB =O3wO9 Honorable Mayor and Members of the city Council RECOMMENDATION August '.'3, 200 Page 2 of 2 Adopt a Resolution approving the revised Memorandum of Understanding between the International Association of Firefighters and the city of Alameda, for the period of January 0, 2008, through January 2, 2010. Approved as to funds and account, Gle d D.... y Interim Finance Director CITY OF ALAMEDA RESOLUTION NO. 0 0 CL 0. 20 APPROVING REVISED MEMORANDUM OF UNDERSTANDING BETWEEN THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS AND THE CITY OF ALAMEDA FOR THE PERIOD COMMENCING JANUARY 8, 2008 THROUGH JANUARY 2, 20 1 0 WHEREAS, there has been submitted to this Council a Memorandum of Understanding between the International Association of Firefighters and the City of Alameda; and WHEREAS, the Council of the city of Alameda has fully examined said proposed Memorandum of Understanding, a copy of which is on file in the Office of the city Clerk, and thereby finds and determines adoption of said documents to be in the best interest of the city. NOW, THEREFORE, BE IT RESOLVED by the city council of the City of Alameda that said council hereby approves and adopts said revised Memorandum of Understanding. BE IT FURTHER RESOLVED that the provision of this Resolution shall supersede any other resolution in conflict herewith. 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 3rd day of August, 2009, by the following vote to wit: AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of said city this 4th day of August, 2009. Lara Weisiger, city clerk City of Alameda Resolution # 2 -13 CC 08 -03 -09 Memorandum CITY OF ALAMEDA To: honorable Mayor and Members of the city council From: Ann Marie Gallant Interim city Manager Date: August 3, 2009 Re: Adopt a Resolution Amending the Management and Confidential Employees Association (MCEA), Alameda Fire Management Association (AFMA), and Executive Management (EXME) Salary Schedules I N Kim as] NO The Memorandum of understanding for the Management and confidential Employees Association (MCEA) was adopted in 2007 covering the period January 1, 2000 through December 20, 2008, and was extended in Zoos through December 12, 2009. The Memorandum of understanding for the Alameda Fire Management Association (AFMA) was adopted in 2001 covering the period from October 1, 2001 through January 5, 2008. The Executive Management compensation Plan was adopted in 200' covering the period from June 24, 2007 through June 20, 2000. The proposed resolution establishes salary ranges on the MCEA salary schedule for the new classifications of Assistant city clerk and Fire Protection Engineer; on the AFMA Salary schedule for the new classification of Deputy Fire chief; and on the EX.ME salary schedule for the classification of Deputy city Manager. DISCUSSION Assistant CitZ Cleric: In order to recognize the sensitive nature and critical importance of the work performed in the city clerk's office, the Deputy city Clerk position is being reassigned from that classification to a new Assistant City clerk classification. The new classification will address office management and customer service needs involved in coordinating the City clerk's office responsibilities. Fire Protection En ineer : The new Fire Protection Engineer is a civilian classification that is representative of modern professional fire protection and prevention services. Qualifications include registration as a Professional Fire Protection Engineer with the state of California possession of other requisite certifications. Special CC /ARRA1c c Report die: Agenda Item ##2 --c Honorable Mayor and August 3, 2009 Members of the City Council Page 2 of 2 De Lut dire Chie As part of the citywide reorganization, the Fire Department is eliminating one Division Chief position and reconfiguring the work from three Division Chief duty assignments to two Deputy Fire Chief positions within a new Deputy Fire Chief classification. one of the Deputy Fire Chiefs will oversee Fire operations and the other will oversee Fire Services. This command structure models that currently in place in the Police Department. Delouty City Manager The Deputy City Manager classification has evolved from an entry -level executive management position to a full journey level position, providing comprehensive leadership and direction, with commensurate line responsibilities in overseeing executive management and functional divisions within the Administrative Services workgroup. The Deputy City Manager position will assist the City Manager in meeting current operational needs that require advanced management skills and abilities. FINANCIAL IMPACT The impact to the General Fund for the Assistant City Clerk is an increase of approximately $13, This cost is included in the FY09 -10 budget. The impact to the General Fund for the Fire Protection Engineer and the Deputy Fire Chief positions is a decrease of approximately $278,514. This is reflected in the Fire Department's FY09 -10 budget. The Impact to the General Fund for the Deputy City Manager is an increase of approximately $22,120. This cost is included in the FY09 -1 budget. RECOMMENDATION Adopt a resolution amending the Management and Confidential Employees Association (MCEA), Alameda Fire Management Association (AFMA), and Executive Management (EXME) Salary Schedules. Respectfully submitted, Ka ren W illis Furman Resources Director Approved as to funds and account, Glend D Ja Interim �inan e Director CITY OF ALAMEDA RESOLUTION NO. AMENDING THE EXECUTIVE MANAGEMENT (EXME), ALAMEDA FIRE MANAGEMENT ASSOCIATION (AFMA), AND MANAGEMENT AND CONFIDENTIAL EMPLOYEES ASSOCIATION (MCEA) SALARY SCHEDULES �e BE IT RESOLVED by the Council of the City of Alameda that the g salary resolution of the Alameda Management and Confidential Employees 6 Association (MCEA) is hereby amended by establishing the salary rate, salary range, salary steps and benefits of the classifications of Assistant City Clerk and �k Fire Protection Engineer designating those as applicable to the classification in the service of the City of Alameda. CITY OF ALAMEDA MANAGEMENT AND CONFIDENTIAL EMPLOYEES ASSOCIATION Effective August 2, 2009 0 0 * Indicates classifications with thirty -seven and one -half (37 '/2) hour original workweek; other classifications have forty (40) hour original workweek. BE IT FURTHER RESOLVED by the Council of the City of Alameda that the salary schedule of the City of Alameda Fire Management Association (AFMA) is hereby amended by establishing the salary rate, salary range, salary steps and benefits of the classification of Deputy Fire Chief designating those as applicable to the classification in the service of the City of Alameda. Resolution # 2 -C CC 0$ -0309 BI-WEEKLY/ANNUALLY Classification step Step step step Step Code EXEMPT 1 2 3 4 6 $2 $2 $2 $2 $2 1310* Assistant City Clerk $63 $66 $70 $73 $77 4660 * Fire Protection $3 $3 $4 $4,276 $4 Engineer g $95 $100 $ 06, 846 $111 $ 1 6, 7 4 * Indicates classifications with thirty -seven and one -half (37 '/2) hour original workweek; other classifications have forty (40) hour original workweek. BE IT FURTHER RESOLVED by the Council of the City of Alameda that the salary schedule of the City of Alameda Fire Management Association (AFMA) is hereby amended by establishing the salary rate, salary range, salary steps and benefits of the classification of Deputy Fire Chief designating those as applicable to the classification in the service of the City of Alameda. Resolution # 2 -C CC 0$ -0309 CITY OF ALAMEDA ALAMEDA FIRE MANAGEMENT ASSOCIATION Effective August 2, 2009 Code Classification EXEMPT BI- MEEKLY /ANNUALLY Step Step Step Step Step 1 2 3 4 � 056* Deputy City Manager $5407 $5677 $5961 $6259 $6672 4560 Deputy Fire Chief $140 $147,602 $154986 $162 $170 BE IT FURTHER RESOLVED by the Council of the City of Alameda that the salary schedule of the City of Alameda Executive Management (EXME) Compensation Plan is hereby amended by establishing the salary rate, salary range, salary steps and benefits of the classification of Deputy City Manager designating those as applicable to the classification in the service of the City of Alameda. CITY OF ALAMEDA EXECUTIVE MANAGEMENT Effective August 2, 2009 Code Classification EXEMPT BI Step Step Step Step Step 1 2 3 4 � 056* Deputy City Manager $119 $125 $132 $138 $145 * Indicates classifications with thirty -seven and one -half (37 '/2) hour original workweek; other classifications have forty (40) hour original workweek. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 3` day of August, 2009, by the following vote to wit: AYES NOES ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of said City this 4th day of August, 2009. Lara Weisiger, City Clerk City of Alameda CITY OF ALAMEDA RESOLUTION NO. APPOINTING LORRE ZUPPAN AS A MEMBER OF THE CITY PLANNING BOARD E UL BE IT RESOLVED b the Council of the Cit of Alameda that pursuant to the provisions of Article X of the Charter of the Cit of Alameda, and upon nomination of > the Ma LO ZUPPAN is hereb appointed to the office of member of the 0 CL Plannin Board of the Cit of Alameda for the term commencin Au 8, 2009, and expirin on June 30, 2013 and to serve until her successor is appointed and q ualified. 1, the undersi hereb certif that the fore . re Resolution was dul and re adopted and passed b the Council of the Cit of Alameda in re meetin assembled on the 3rd da of Au 2009, b the followin vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set m hand and affixed the official seal of said Cit this 4th da of Au 2009. Lara Weisi Cit Clerk Cit of Alameda Resolution # 4-A 08-03-09 CITY OF ALAM EDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: August 3, 2009 Re: Adoption of a Resolution Calling an Election in the City of Alameda for the Purpose of Submitting to the Electors a Charter Amendment Initiative Entitled "Fire and Emerge Medical Services Minimum Protection" BACKGROUND A Notice of Intent to Circulate Petition to amend the City Charter to require minimum Fire Department staffing and equipment levels was filed in the Office of the City Clerk on Jan. 10, 2009 ( "the Initiative "). Proponents filed the petition with the City Clerk on May 14, 2009, at which time the Initiative petition was transmitted to the Registrar of Voters to examine the signatures. On June 10, 2009, the Registrar of Voters reported that the Initiative petition contained a total of 9,048 signatures. used on a random sample examined pursuant to the California Elections Code, it was determined that the Initiative petition contained sufficient valid signatures to qualify for placement on the ballot. On July 7, 2009, the City Clerk transmitted .a Certificate of Sufficiency to the City Council. DISCUSSION Because - 15 percent of the qualified voters of Alameda signed the Initiative petition, the City Council is required to submit the Initiative to amend the City Charter to the voters, pursuant to the state Elections Code, at Sections 9255 and 1415. The election may not take place sooner than 88 days from the date of the Council Resolution to set the election. The Council has discretion whether to set the Initiative for a regular City election, which next occurs on November 2, 2010, or on a special election date sooner or later than that time. FINANCIAL IMPACT The additional first year cost to implement the Initiative's mandated minimum staffing is $4,054,470. This is comprised of $2,0'4,475 in salary and benefits costs, $1,275,000 in new employee OPEB ( "other post - employment benefits," specifically, retiree medical health insurance) liability, and $105,000 in new employee hiring, outfitting and training costs. Honorable Mayor and August 3, 2009 Members of the city council Page 2 of 3 Earlier this year the City commissioned the Public Safety Services consulting Division of the International City /County Management Association (ICIVIA, an internationally recognized professional local government management organization) to conduct operational assessments of the Fire and Police Departments. The resulting June 1, 2009 operational Assessment Report recommended that the city of Alameda maintain a target staffing level of 21 sworn fire personnel per shift, which equates to total sworn staffing of 86, when employing an additional .25 person for every overtime eligible shift employee in order to cover regular vacancies such as those caused by vacation. The city currently maintains a target staffing level of 24 sworn fire personnel per shift, and employs a total of 92 sworn fire personnel. This exceeds the target staffing level recommended by ICMA by 7 %. The annual cost of maintaining 92 sworn fire personnel is $16,400,000. This includes salaries, benefits and other employment costs, but does not include additional overtime caused by unplanned and unexpected staff vacancies or absences. The proposed Initiative mandates a sworn fire personnel minimum staffing level of 27. In order to maintain this staffing level with the lCMA recommended additional .25 person for every shift position, total sworn fire staffing would increase from 92 to 109. The city would be required to hire an additional 17 fire/paramedic personnel consisting of 11 Firefighters at an annual cost of $141 ,963 each, 3 Apparatus operators at an annual cost of $180,011 each, and 3 Fire captains at $190,950 each. (See attached Chart on entry level fire/paramedic compensation classifications and employment costs.) Under the proposed mandated staffing plan, the city's sworn fire personnel would increase 18.5% and the Fire Department's sworn employment costs for the first year of implementation would increase 26.3 %. once initial start -up costs are covered and scheduled step increases applied, the Fire Department's sworn employment costs would be 18.3% higher. At the time of the preparation of this staff report, the city did not have an estimate of the cost of maintaining the equipment and apparatus levels mandated by the proposed Initiative; however, it should be noted that the present cost of a fire truck is estimated at $750,000 and the Initiative mandates that the city maintain two fire trucks. The estimated cost of placing a measure on the ballot is $30,000 if consolidated with another election conducted by the County or $400,000 if the measure is submitted at a stand -alone election. It is recommended that the Petition be consolidated with another County - conducted election in order to save election costs. RECOMMENDATION The resolution is recommended for adoption at an election not sooner than October 26th 2009, and where possible, in consolidation with another County - conducted election. 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W� -�� CL U m W Q z Q W C) � LLJ C,3 co _ ::...:•. U .. _ U : '.W Oe LU 3:0: ., W 2 LU T a c e d LL _ e � : -- 03 CITY OF ALAMEDA RESOLUTION NO. CALLING AN ELECTION IN THE CITY OF ALAMEDA FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS AN INITIATIVE CHARTER AMENDMENT ENTITLED "FIRE AND EMERGENCY _ X MEDICAL SERVICES MINIMUM PROTECTION" E 0 WHEREAS, pursuant to the Charter of the City of Alameda and general law an initiative petition has been filed with the Clerk of the City of Alameda, signed by more than 15% of the voters of the city, to submit to the voters a proposed Charter o amendment entitled, "Fire and Emergency Medical Services Minimum Protection "; 0 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ALAMEDA THAT: Section 1. An initiative Charter amendment shall be submitted to the voters at the election, to read as follows: CITY OF ALAMEDA CITY CHARTER AMENDMENT Article XXIX Fire and Emergency Medical Services Minimum Protection Section 29 -1. PURPOSE. The purpose of this Article is to establish minimum levels of apparatus and staffing deployment for the provision of fire protection and emergency medical services by the Alameda Fire Department in the City of Alameda. Section 29 -2. DEFINITIONS. For the purpose of this Article only, the following terms shall be defined as set forth below: A. " Dire Apparatus" shall mean a fire department emergency vehicle used for rescue, fire suppression, or other specialized functions within the Alameda Fire Department. B. " Specialized Apparatus 11 shall mean an Alameda Fire Department emergency vehicle that provides support services at emergency scenes, including command vehicles, hazardous materials decontamination vehicles, Technical Rescue vehicles, Fireboats or vehicles used to transfer equipment and personnel. C. "Ambulance" shall mean a vehicle capable of transporting one or more patients to an appropriate medical receiving facility. Resolution # 4 -B (1) 08 -03 -09 D. "Paramedic" shall mean sworn uniformed personnel licensed as a Paramedic by the California Emergency Medical services Authority or its replacement or successor. F. "Company' shall mean a group of sworn uniformed Alameda Fire Department employees: (1) under the direct supervision of an officer; (2) trained and equipped to perform tasks; (3) usually organized and identified as fire engine companies, fire truck companies, paramedic ambulances, or multi functional companies; (4) operating with one piece of fire apparatus (fire engine, fire truck, paramedic ambulance) except for multiple apparatus that are assigned to dispatch and arrive together, continuously operate together, and are managed by a single company officer; and (5) arriving at the incident scene on fire apparatus. F. "Emergency Medical Care" shall mean the provision of treatment to patients, including advanced life support (at the paramedic level), and other medical procedures that occur prior to the arrival at a hospital or other health care facility. G. "Fire Protection" shall mean the methods of providing for fire control or fire extinguishment. H. "Fire Suppression" shall mean the activities involved in controlling and extinguishing fires. 1. "Hazardous Materials" shall mean a substance that presents an unusual danger to persons due to properties or toxicity, chemical reactivity, or decomposition, corrosivity, explosion or detonation, etiological hazards, or similar properties. J. "Sworn Uniformed Personnel" shall mean a person involved in performing duties and responsibilities of a fire fighter or paramedic under the auspices of the city of Alameda. K. " Company Officef' shall mean a supervisor of a company of Alameda Fire Department sworn uniformed personnel. L. "Rescue" shall mean those activities directed at locating endangered persons at an emergency incident, removing of those persons from danger, treating the injured, and providing for transport to an appropriate health care facility. M. "Special Operations" shall mean those emergency incidents to which the fire department responds that requires specific and advanced training and specialized tools and equipment. N. "Staffing" shall mean a particularized number of Alameda Fire Department sworn uniformed personnel required in a particular company or for the purpose of operating a particular piece of apparatus. Oe "Supervisory Chief Officer" shall mean a sworn uniformed personnel on a 24 hour shift whose responsibility is to assume command through a formalized transfer of command process and to allow company officers to directly supervise personnel assigned to them. P. " Alameda Fire Department' shall mean the public organization within the city of Alameda providing rescue, fire suppression, emergency medical services, and related activities to the public. Section 29 -3. IMPOSITION OF MINIMAL STANDARDS FOR DEPLOYMENT OF ALAMEDA FIRE DEPARTMENT APPARATUS AND PERSONNEL. There is hereby imposed a minimum standard for deployment of Alameda Fire Department apparatus and personnel as follows: A. Apparatus: The City Council and the Fire Department of the City of Alameda shall take all necessary actions to provide for the daily deployment of five (5) fire engine companies, two (2) fire truck companies, and three (3) paramedic ambulances within the City of Alameda for the purpose of providing adequate fire apparatus and specialized apparatus for fire protection, fire suppression, emergency medical care, rescue, and special operations within the City of Alameda. B. Personnel: All fire engine companies shall be staffed with a minimum of three (3) on- duty sworn uniformed personnel. Each fire engine company shall be led by a company officer who shall be considered a part of the fire engine company. Each fire engine company shall have a minimum of one (1) paramedic who shall be considered part of the company. All fire truck companies shall be staffed with a minimum of three (3) on- duty sworn uniformed personnel. Each fire truck shall be led by a company officer who shall be considered part of the company. All paramedic ambulances shall be staffed with two on -duty sworn uniformed personnel, one (1) of whom shall be a paramedic. One supervisory chief officer shall be on duty daily. Section 29 -4. SUPERSESSION. The provisions set forth in this Article shall supersede all general and/or specific provisions that may be contained elsewhere in this charter. The provisions set forth in this Article shall also supersede any and all general and /or specific provisions in any ordinance, resolution, rule or regulation that may have been adopted or that may be adopted by the city council or by administrative action. Section 29 -5. SAVINGS CLAUSE. If any provision, sentence, clause, section, paragraph or part of this Article is found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality, or invalidity shall affect only such provision, sentence, clause, section or part of this Article. It is hereby declared to be the intention of the city of Alameda, that this Article would have been adopted had such unconstitutional, illegal, or invalid provision, sentence, clause, sections or parts therefore not been included herein. Section 2. The City Council hereby proposes to and does hereby on its own motion, pursuant to the authorization provided by Section 9255(a)(3) and Section 10201 of the Elections Code, submit the proposal set forth below to the qualified electors of the City of Alameda in an election to be held Section 8. The proposal shall be designated on the ballot as "Proposed Initiative Measure of the city of Alameda" and the aforementioned statement of the measure shall read as follows: MEASURE: Proposed Initiative Measure of the city of Alameda ......-___.__-- Shall the charter of the city of Alameda be YES amended to add a new Article 29 to require the City council to fund a minimum number of NO firefighters, paramedics, and supervisors and minimum equipment levels for fire and emergency medical services in every fiscal year unless and until the voters of the city amend that Article? . Section 4. The City Council adopts the provisions of subdivision (a) of section 9285 of the Elections Code to permit rebuttal arguments, if arguments have been filed in favor of or against the measure that is being submitted to the voters of the City. Section 5. Pursuant to California Elections Code Section 9280, the City Council hereby directs the city clerk to transmit a copy of the measure to the city Attorney. The city Attorney shall prepare an impartial analysis of the measure, not to exceed 500 words in length, showing the effect of the measure on the existing law and the operation of the measure, and transmit such impartial analysis to the City Clerk in a time reasonably necessary to prepare and print the analysis. Section 0 . The city clerk is hereby directed to file a certified copy of this resolution with the Alameda county Clerk of the Board of Supervisors and the County Registrar of Voters in sufficient time so that the measure may be included in the Election ballot. Section 7 . Notice of the time and place of the election on this proposed charter amendment is hereby given, and the city clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. 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 regular meeting assembled on the 3rd day of August, 2009, by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of the said city this 4th day of August, 2009. Lara Weisiger, City clerk City of Alameda CITY of ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim city Manager Date: August 3, 2009 Re: Adoption of a Resolution Calling for an Election For the Purpose of Submitting to the Electors a Proposal to Amend the City Charter by Adding Art. XVII Sec. 18 Regarding Funding of Minimum Staffing and Equipment Requirements and Proposing the Charter Amendment BACKGROUND The cost of providing city services is increasing at a time when the national and local economies are constricting. It is proposed that any new or expanded services should not be implemented unless additional funding is identified. This would be accomplished through a charter amendment. DISCUSSION A City council is authorized to propose a Charter amendment and place it on a ballot for consideration by the voters, pursuant to Election code Sec. 9255(a )(2). The proposed amendment would ensure that any measure to impose staffing or equipment requirements on the City budget are adequately funded by deferring implementation until funding is appropriated. The proposal affects any charter amendment or ordinance that requires additional funding, and it has been drafted to harmonize with the IAFF sponsored "Fire and Emergency Medical services Minimum Protection" ballot measure. The IAFF ballot measure would mandate minimum staffing and equipment requirements if adopted; however, if this Charter amendment were also adopted, the [AFF ballot measure would not be implemented until additional funding was identified and approved by the voters. For example, the initial cost to the City of the IAFF's mandated minimum staffing is estimated at $4,054,475; this initial cost is comprised of $2,574,475 in new salary and benefits costs for the hiring of 17 additional sworn fire personnel, $1,275,000 in new employee OPEB ( "other post - employment benefits," specifically, retiree medical health insurance) liability, and $105,000 in new employee hiring, outfitting and training costs. The cost of maintaining and replacement of apparatus mandated by the IAFF ballot measure is not included in this calculation. ...peci.....I.CC/ARRAXIC .A e�m..04492 Honorable Mayor and August 3, 2009 Members of the City Council Page 2 of 2 In order to create approximately $4,054,476 in new funding necessary to implement the minimum staffing and equipment requirements mandated by the IAFF ballot, voters would need to consider approving a parcel tax or City --wide assessment. The City is comprised of 20,241 non - exempt legal parcels (includes 19,238 residential, 82 institutional, and 921 commercial parcels). Assuming a flat parcel tax for all 20,241 non - exempt parcels, it would require a tax or assessment of approximately $200 per parcel in order to implement the IAFF ballot measure. FINANCIAL IMPACT This proposed Charter amendment would not increase any City costs and would not create any tax or assessment. The estimated cost of placing a measure on the ballot is $30,000 if consolidated with another election conducted by the County or $400,000 if the measure is submitted at a stand -alone election (with or without the IAFF ballot measure). It is recommended that the Petition be consolidated with another County - conducted election in order to save election costs. RECOMMENDATION The resolution is recommended for adoption at an election not sooner than October 26 2009, and where possible, in consolidation with another County - conducted election. Respectfully submitted, Approved as to funds and account, Lara Weisiger City Clerk , Karen Willis Human Resources Director Glen da_K T a Interim 'Firector CITY OF ALAMEDA RESOLUTION NO. A 0 CL 0. CALLING AN ELECTION IN THE CITY OF ALAMEDA FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS A PROPOSAL TO AMEND THE CITY OF ALAMEDA CHARTER BY ADDING SECTION 17-18 REGARDING FUNDING OF MINIMUM STAFFING AND EQUIPMENT REQUIREMENTS AND PROPOSING SAID CHARTER AMENDMENT LW WHEREAS, the City Council of the City of Alameda hereby proposes to submit to the voters of said City an amendment to the City of Alameda Charter to ensure that measures that impose staffing or equipment requirements on the City budget are adequately funded by deferring implementation of any charter amendment or ordinance, whether adopted by the Council or by initiative, that requires additional funding until that funding is appropriated and by requiring existing and future provisions of the City Charter to be interpreted in light of that purpose at a Municipal Election to be held on NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ALAMEDA THAT: Section 1. The Council of the City of Alameda hereby proposes on its own motion that an amendment of the Alameda City Charter be submitted to the voters of said City at said election to read as follows: CITY OF ALAMEDA CITY CHARTER AMENDMENT Q -1. By adding section 17 -18 to read: Sec. 17 -18. Any other provision of this Charter or of any ordinance of the City notwithstanding, no wages, benefits or employee - related expenses shall be paid and no funds to acquire and maintain equipment for City services shall be expended that have not been approved by a resolution of the City Council until additional revenues and appropriations therefor have been approved by a vote of the People pursuant to Propositions 13 (Cal. Const. Art. XIII A, Sec. 4) and 218 (Cal. Const. Art. XIII C, Sec. 2). The City Council shall not be required to call such an election more than once a year and may consolidate said elections with elections held for other purposes. Section 2. The City Council hereby proposes to and does hereby on its own motion, pursuant to the authorization provided by Section 9255(a)(2) and Section 10201 of the Elections Code, submit the proposal to the qualified electors of the City of Alameda in a municipal election to be held on The City Council hereby requests the Board of Supervisors to consolidate this election with the election to be held on that date. 95001.3 Resolution # 08 -03 -09 section 3 . The proposal shall be designated on the ballot as "Proposed Ballot Leasure of the City of Alameda" and the aforementioned statement of the measure shall read as follows: MEASURE: Proposed Ballot Leasure of the city of Alameda Shall the Charter of the City of Alameda be YES amended to require the City Council or the voters to identify a funding source for the NO implementation of ordinances and charter provisions which impose personnel and equipment costs on the Cit ? Section 4. The City Council adopts the provisions of subdivision (a) of section 9285 of the Elections Code to permit rebuttal arguments, if arguments have been filed in favor of or against the measure that is being submitted to the voters of the City at this Consolidated Municipal Election. Section 5. Pursuant to California Elections code section 9280, the city Council hereby directs the city clerk to transmit a copy of the measures to the City Attorney. The city Attorney shall prepare an impartial analysis of each measure, not to exceed Soo words in length, showing the effect of the measure on the existing law and the operation of the measure, and transmit such impartial analysis to the City Clerk by a date established by the clerk as reasonably necessary to allow her to prepare and print the analysis. Section 8. The city clerk is hereby directed to file a certified copy of this resolution with the Alameda county clerk of the Board of Supervisors and the county Registrar of Voters in sufficient time so that the measure may be included in the Election ballot. Section 7. Notice of the time and place of the election on this proposed charter amendment is hereby given, and the city Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. Section 8. This measure is intended to be, and is, consistent with that certain initiative charter amendment entitled "Minimum Fire Department Funding" which appears on the same ballot as this measure. Accordingly, if both measures should pass, the voters expressly declare their intent that both measures shall be put into effect but that the Minimum Fire Department Funding measure's effective date shall be delayed until a funding source for that measure is identified as required by this measure. 95001.3 1, the undersigned, hereby certify that the regularly adopted and passed by the council meeting assembled on the day of to wit: AYES: NOES: ABSENT: ABSTENTIONS: foregoing Resolution was duly and of the City of Alameda in regular 2009 by the following vote IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of the said city this day of , 2009. Lara Weisiger, city clerk City of Alameda . 9 001.3 CITY O.: D Memor To: Honorable Mayor and Members of the City council From: Ann Marie Gallant Interim city Manager Date. August 3, 2009 Re: Hold a Hearing to Establish the Proposition 4 (Appropriations) Limit for FY09 -10 and Adopt a Resolution Establishing the Appropriations Limit for FY09 - 1 0 BACKGROUND Proposition 4, commonly known as the Gann Initiative, was approved by the California electorate in November 1979. The purpose of the constitutional provision and the implementing legislation of Proposition 4 are to restrict growth of tax funded programs and services by limiting the appropriations of the proceeds of taxes to the FY78 -79 base year limit, adjusted annually for changes in population and inflation. Proceeds of taxes in excess of the l i m i t , with limited exceptions, must be returned to the taxpayers within two years by refund or reduction in tax rates unless extension of the limit is approved b pp y majority popular vote. Proceeds of taxes include (1) all tax revenues, (2) proceeds from licenses and userfees to the extent that such fees exceed costs of providing services, (3) interest earnings from investment of tax revenues, and (4) discretionary state subventions. All other revenues, i.e. federal funds, enterprise fund revenues, and user fees that do not exceed the cost of providing services are excluded from the limit. In June 1 990, the voters approved Proposition 111, which allows for new adjustment formulas for the required appropriations limit that are more responsive to local growth issues. Proposition 111, lice Proposition 4, requires review of the limit calculations by an independent auditor in conjunction with the annual financial report. The significant changes to the original Article XIIIB (Proposition 4) and its implementing legislation (Chapter 1205/80) as modified by Proposition 111 and SB 88 (Chapter 60/90) are as follows: A. Beginning with the FY90 -91 Appropriations Limit, the annual adjustment factors changed. Instead of using the lesser of the California Per capita Income (CPI)or J.S. CPI to measure inflation, each city may choose: Special CC /ARRAICC Public Hearing Agenda Item ##4� Honorable Mayor and August 3, 2009 Councilmembers Pa 2 1. Growth In the California Per Capita Personal Income or 2. Growth in the non - residential assessed valuation due to new construction within the city. B. Additionally, Instead of using only the population growth of the city, each city may choose to use the population growth within its county. These changes in population and inflation are both annual elections. DISCUSSION The Gann limit calculation begins with the total forecasted revenue for FY09 -10 (Attachment 1.) Of the total forecasted revenue, "proceeds" and "non- proceeds" are summarized in separate columns. Total revenue for FY09 -10 is forecast to be $70,060,110. Proceed revenue subject to the Gann Limit is $42,876,149, and non- proceed revenue, not subject to the Gann Limit, is $27,183,961. Interest income has been allocated based on the weighted average of each category. The State Department of Finance Price and Population Information letter dated May 2009, outlining the provisions of the Appropriations Limit is Attachment 2. The Price Factor indicating the Per capital Personal Income is Attachment 3 and the Annual Percent Change in Population Minus Exclusions January 1, 2008 to January 1, 2009 and Total Population, January 1, 2009 is Attachment 4. The Per capita Personal Income change over the prior year is 0.62 percent as provided by the State Department of Finance. This factor and the county Population Change of 1.26 percent were selected as the incrementing factors for FY09 -10. The adoption of the Gann Appropriation Limit is an annual requirement. The City's Gann Limit is currently calculated to be $84,266,213 (Attachment 5). The tax proceeds subject to the Gann Limit are estimated to be $42,876,149. Like past budget years, the city is well within the appropriations limit for FY09 -10 as shown on the Annual Appropriations Limit Calculations Summary - FY09 -10 (Attachment 6) As additional information, Attachment 7 provides information on the city and county of Alameda Population and Housing Unit History. The information regarding the annual Appropriations Limit Calculation was made available for public viewing, In the City Clerk's office, at least fifteen days prior to the city Council meeting. Honorable Mayor and Councilmembers FINANCIAL IMPACT August 3, 2009 Page 3 The city's estimated proceeds of taxes constitute approximately 51 % of the adjusted appropriations limit, well below the City's adjusted Appropriations Limit Calculation. RECOMMENDATION Adopt a resolution establishing the appropriations limit for FY09 -10 in the amount of $84 Respectfully submitted, Gle da D. J Inte in e Director t • Attachments (7) Attachment 1: Revenue Sources and Estimated Proceeds from Taxes - FY09 -1 0 Attachment 2: State Department of Finance Price and Population Information Attachment 3: State Department of Finance Price Factor Attachment 4: Annual Percent change in Population Minus Exclusions January 1, 2008 to January 1, 2009 Attachment 5: Annual Appropriations Limit calculation Attachment 0: Annual Appropriations Limit Calculations Summary - FY09 -10 Attachment 7: city and County of Alameda Population and Housing Unit History CITY OF ALAMEDA REVENUE SOURCES AND ESTIMATED PROCEEDS FROM TAXES FY09 -10 NON PROCEEDS PROCEEDS REVENUE SOURCES FROM TAXES FROM TAXES TOTAL PROPERTY TAKES General $ 21, 066, 560 "Triple Flip" Subsidy $ 1 $ 22,615,610 OTHER LOCAL TAXES Sales Tax 5,1 50,000 540,000 Property Transfer Tax 3 Utility users Tax 9,290,200 Transient Occupancy Tax 1 PG &E Franchise Fees 255,720 Solid Waste Franchise Fees 1,400,000 Cable Franchise Fees 633,140 Taxi Franchise Fees 8,500 Infrastructure Migigation Fee 670 City Park Fees 48,580 AMP Frnach ise Fees 2,800,000 In Lieu Fees 1,209 Golf Surcharge 130,000 Construction Improvement Tax 235,000 26,640,840 LICENSES & PERMITS Permit Tracking Fee's 67 Communtiy Planning Fee* 157,500 Business Licenses 1 Taxi Permits 10,000 Building Permits* 689,760 Encroachment Permits 10,000 Electrical Permits* 49,300 Plumbing Permits` 1 04,510 Miscellaneous Permits (Police) 1,000 2,839,570 USE OF PROPERTY AMP Return on Investment (RO I) 830 Golf Return on Invesmtent (ROI) 99,040 Rents 137,000 1,066,730 FINES & FORFEITURES General 527,000 Traffic School Fees 60,000 587,000 REVENUE FROM OTHER AGENCIES State Reimbursement - Correctional 10,000 POST Reimbursements 45,000 County Reimbursements 20,000 Motor Vehicles In Lieu 250,000 Property Tax Motor Vehicle In Lieu 5,800,000 Park Fund Conributions 5,000 Other Donations 17,000 6,147, 000 CURRENT SERVICES General 6,854,100 6,854,100 CONTRIBUTIONS FROM OTHER FUNDS Fixed Charges and Transfers In 2,109,260 2,109,260 42,141, 760 26, 718, 350 68, 860,110 As a percent of Total 61.20% 38.80% Allocation of investment Income 734,389 465,611 1,200,000 $ 42,876 $ 27,'183,961 $ 70,060,1 " Special CC /ARRACC C * Special Funds Attachment Ito Public Hearing Agenda Item ##4- 08 -03 - 09 V 4T Q AN w Illl 0 0 17 * DEPARTMENT OF ARNOLD SCHWARZENEGGER GOVERNOR e ' 41 -iro 't"o F I N 9 1 5 L STREET 8 SACRAMENTO CA IS 958 1 4- 370!5 ® WWW- 00F.CA.G ©V May 2009 Dear Fiscal Officer: Subject: Price and Population Information Appropriations Limit The California Revenue and Taxation Code, Section 2227, mandates the Department of Finance (Finance) to transmit an estimate of the percentage change in population to local governments. Each local jurisdiction must use their percentage change in population factor for January 1, 2009, in conjunction with a change in the cost of living, or price.factor, to calculate their appropriations limit for fiscal year 2009 -2010. Enclosure I provides the change in California's per capita personal income and an example for utilizing the price factor and population percentage change factor to calculate the 2009 -2010 appropriations limit. Enclosure 11 provides city and unincorporated county population ntage changes, and Enclosure IIA provides county and incorporated areas summed population percentage changes. The population percentage change data excludes federal and state institutionalized populations and military populations. Population Percent Change for Special Districts. Some special districts must establish an annual appropriations limit. Consult the Revenue and Taxation Code, Section 2228, for further information regarding the appropriation limit. You can access the Code from the following website: "htt :11www.le info.ca. ov /calaw.htmi" check box: "Revenue and Taxation Code" and enter 2228 for the search tern .to learn more about the various population change .factors available to special districts to .calculate their appropriations limit. Article XIII B, Section 9(C), of the State Constitution exempts certain special districts from the appropriations limit calculation mandate. Consult the following website: " http:// www. leginfo .ca.gov /.const/.article_1313" for additional information. Special districts required by lave to .calculate their appropriations limit must present the calculation as part of their annual audit. Any questions special districts have on this issue should be referred to their respective county for clarification, or to their legal representation, or to the law itse.If. No state agency reviews the local appropriations limits. Population Certification The population certification program applies only to cities and counties. Revenue. and Taxation Code Section 11006.6 mandates Finance to automatically certify any population estimate that exceeds the current certified population with the State Controller's office. Finance will certify the higher estimate to the State Controller by June 1, 2009. Please Note: Prior year's city population estimates may be revised. If you have any questions regarding this data, please contact the Demographic Research Unit at (916) 323 -4086. MICHAEL C. GENEST Director By: ANA J. MATO SANTO S Chief Deputy Director Enclosure Special CC /ARRAlcic Attachment 2 to Public Hearing Agenda Item #4-C, 08-03-09 Fiscal Year 2009 -2010 May 2009 Enclosure l A. Price Factor: Article XIII B specifies that local jurisdictions select their cost-of-living factor to compute their appropriation limit by a vote of their governing body. The cost-of-living factor provided here is per capita .persona[ income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the 2009 -2010 appropriation limit is: Per capita Personal Income Fiscal Year Percentage change (FY) over prior year 2009 -2010 0.62 B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2009 -2010 appropriation limit. 2009 -2010: Per Capita Cost of Living Change = 0.02 percent Population Change = 1.11 percent Per Capita Cost of Living converted to a ratio: Population converted to a ratio: Calculation of factor for F`( 2009 -2010: 0 .52 + 100 = 1.0052 100 1.11 +100 = 1.0111 100 1.0052 x 1.0111 = 1.0174 Special CC /ARRA1C C Attachment 3 to Public Hearing Agenda Item #4 O8 -O3 -09 Fiscal Year 2409 -2019 Enclosure 11 Annual Percent Change in Population Minus Exclusions January 1, 2008 to January 1, 2009 and Total Population, January 1, 2009 Total County Percent Change - -- Population Minus Exclusions -w- Population City 2008 -2009 1-1-08 1-1-09 1-1-2009 Alameda Alameda 0.90 73,935 74,603 74,683 Albany 4.53 16,152 16,884 16,884 Berkeley 0.64 106,498 1 07,178 147,178 Dublin 3.15 44,267 45,661 47,922 Emeryville 3.86 9,712 10,087 10,487 Fremont 1.18 213,124 215,635 215,636 Hayward 1.30 148,935 150,878 150,878 Livermore 1.14 83,363 84,313 84,409 Newark 0.55 43,793 44,035 44,035 Oakland 1.43 419,095 425,068 425,068 Piedmont 0.78 11,079 11 ,165 11,165 Pleasanton 1.12 69,324 70,097 70,097 San Leandro 0.77 81,841 82,472 82,472 Union City 0.97 73,269 73,977 73,977 Unincorporated 1.13 140,572 142,165 142,166 County Total 1.25 1,534,959 1,554,220 1,556,657 ( *) Exclusions include residents on federal military installations and group quarters residents in state mental Institutions, state and federal correctional institutions and veteran homes. Page 1 Special CC /ARRA/CIC Attachment 4 to Public Hearing Agenda Item #4-C 08-03-09 CITY of ALAMEDA ANNUAL APPROPRIATIONS LIMIT CALCULATION FY09 -10 Price Factor: Per Capita Personal Income Change Per Capita Cost of Living converted to a ratio: Population converted to a ratio Calculation of factor for FY09 -1 0 FY08 --09 Appropriations Limit 0.62% .62+100 1.0062 100 1.25+100 = 1.0125 100 1.0062 x 1.0125 = 1.0187775 FY09 -10 Appropriations Limit FY09 -10 Revenues subject to Appropriations Limit (Attachment A) Unused Appropriations Limit $ 82,7 1 3,068 $ 84 $ 42 $ 41 Special CC /ARRA/Cic Attachment 8 to Public Hearing .Agenda item #4-C, 08-03-09 CITY OF ALAMEDA 1990 -91 ANNUAL APPROPR ATONS LIMIT CALCULATION SUMMARY Estimated Taxes as a Fiscal FY09 -10 Proceeds Percentage Year Limit of Taxes of Limit 1986 -87 $27,125,274 $19,150,006 70.60% Original Adjusted Population Population Per Capita Fiscal Appropriations Appropriations Increase Increase Income Year Limit Limit Within City Within County Increase 1 985 -86 $25,964,962 1997 -98 47,445,167 32,390,148 1986 -87 27 $27,125,274 2.12% 2.26% 2.30% 1987 -88 28,380,866 28 1.12% 1.34% 3.47% 1988 -89 29,843,020 30,217,535 0.47% 1.51% 4.66% 1989 -90 31,960,066 32,361,149 1.81% 1.35% 5.19% 1990 -91 33,658,624 34,182,194 1.06% 1.36% 4.21% 1991 -92 36,804,086 36,804,086 3.39% 1.48% 4.14% 1992 -93 70,884290 37,307,224 2.02% 1.58% -0.64% 1993 -94 50,477,217 39 2.06% 1.55% 2.72% 1994 -95 Attachment 6 to 39,798,751 1.04% 0.97% 0.71% 1995 -96 63 22% 42206,554 0.14% 1.27% 4.72% 1996 -97 44 0.34% 0.85% 4.67% 1997 -98 47,445,167 1.74% 1,74% 4.67% 1998 -99 50476,545 - 1.32% 2.15% 4.15% 1999 -00 53,501,816 0.60% 1.40% 4.53% 2000 -01 56 0.12% 1.08% 4.91% 2001 -02 62,254,356 1.77% 1.62% 7.82% 2002 -03 62244 1.25% 1.62% - 1.27% 2003 -04 64287,304 0.95% 0.82% 2.31% 2004 -05 66 0.48% 0.72% 3.28% 2005 -06 70,884,290 0.17% 0.70% 5.26% 2006 -07 74,177,671 0.28% 0.66% 3.96% 2007 -08 78,285,106 1.05% 1.07% 4.42% 2008 -09 82,713,068 0.99% 1.32% 4.29% 2009 -10 84,266,213 - 1.50% 0.86% 0.62% 1990 -91 Adjusted Estimated Taxes as a Fiscal Appropriations Proceeds Percentage Year Limit of Taxes of Limit 1986 -87 $27,125,274 $19,150,006 70.60% 1987 -88 28,442,612 21,171, 824 74.44% 1988 -89 30,275,280 22,237,185 73.45% 1989 -90 32,422,989 23,980,762 73.96% 1990 -91 34,247,514 26,248,017 76.64% 1991 -92 36,874,417 28 76.28% 1992 -93 37 29,585,533 79.30% 1993 -94 39,111,414 29,674,315 75.87% 1994 -95 39 29,692,284 74.61% 1995 -96 42,206,554 31,586,117 74.84% 1996 -97 44,553,109 32, 343,115 72.59% 1997 -98 47,445,167 32,390,148 68.27% 1998 -99 50,476,545 34,936,993 69.21% 1999 -00 53, 501,816 37,799, 889 70.65% 2000 -01 56,734,946 40,451,148 71.30% 2001 -02 62254,356 42,282 67.92% 2002 -03 62 44457,196 71.18% 2003 -04 64,509,323 42,485,083 65.86x/ 2004 -05 67,104,930 40,953,416 61.03% 2005.06 70,884290 46,681,034 65.86% 2006 -07 74,177,671 50,477,217 Special CC /ARFUVCIC 68.05% 2007 -08 78285 53,203,359 Attachment 6 to 67.96% 2008 -09 82,713 068 52,288,125 Public Hearing 63 22% 2009 -10 84,266 42,876,149 #4-t* 50.88% Atenda Item 08-03-09 City and County of Alameda Population and Housing Unit History As of January 1, 2009 CITY of AL►4MEDA COUNTY of ALAMEDA Source: CA Dept of Finance, City /County Population and Housing Estimates Special CCIAi1RA/CIC Attachment 7 to Public Hearing Agenda Item #4-C 08-03-09 PCt Housing Persons/ %of County %of County Housing Persons/ Date Population Change Units houshold Population Housing Units Population Units houshold 4/1/1990 73 30,520 2.360 5.79% 6.05% 1 504 2.590 1/1/1991 75 1.63% 30,833 2.373 5.81% 6.08% 1 507 2.611 1/1/1992 77 2.96% 31,216 2.418 5.91% 6.15% 1 507,455 2.641 1/1/ 1993 77 0.40% 31 2.446 5.86% 6.14% 1 509,837 2.662 1/1/1994 79,291 2.02% 31,359 2.466 5.92% 6.12% 1 512,613 2.671 11111995 78,080 - 1.53% 31,385 2.443 5.81% 6.09% 1 514,955 2.671 11111996 78,321 0.31% 31413 2.449 5.77% 6.06% 1,356,339 518,197 2.679 11111997 76 - 2.10% 31,527 2.487 5.55% 6.05% 1 521,101 2.722 1/1/1998 72,793 -- 5.07% 31,706 2.440 5.15% 6.03% 1 525 2.769 1/1/1999 73,353 0.77% 31,816 2.454 5.10% 5.99% 1,438, 516 531 2.788 1/1/2000 72 - 1.49% 31,644 2.355 5.00% 5.86% 1 540,183 2.706 1/1/2001 73,974 2.37% 31,846 2.376 5.05% 5.86% 1,465,508 543,799 2.726 1/1/2002 74 0.70% 31,868 2.389 5.02% 5.82% 1,483,311 547,210 2.742 1/1 /2003 74 - 0.03% 31,930 2.383 4.99% 5.79% 1 551,072 2.738 1/1 /2004 74 - 0.16% 32,003 2.379 4.97% 5.77% '1,496,968 554,614 2.731 11112005 74,581 0.30% 32,112 2.374 4.95% 5.75% 1,507,500 558 2.730 1/1/2006 74 - 0.24% 32,212 2.362 4.93% 5.73% 1,510,303 562,479 2.716 1/1/2007 75 1.14% 32 2.367 4.9310 5.73% 1,526,148 565,973 2.727 1/1/2008 75,823 0.76% 32 2.376 4.91% 5.70% 1,543,000 570,619 2.736 1/1/2009 74,683 - 1.50% 31 2.389 4.80% 5.58% 1 573,111 2.750 Source: CA Dept of Finance, City /County Population and Housing Estimates Special CCIAi1RA/CIC Attachment 7 to Public Hearing Agenda Item #4-C 08-03-09 CITY OF ALAMEDA RESOLUTION NO, ESTABLISHING APPROPRIATIONS LIMIT FOR FY09 -10 _a WHEREAS, pursuant to Article XIIIB of the Constitution of the State of 0 '- California, the City Council of the City of Alameda is required to establish an 0 "Appropriations ro riations Limit" for FY09 -10; and WHEREAS, the Appropriations Limit has been determined in accordance with uniform guidelines for Article XIIIB of the California Constitution; and 0 j wr CL \ WHEREAS, the voters approved Proposition 111 in June, 1990, which allows for new adjustment formulas for the appropriations limit calculation that is responsive to local growth issues. The adjustment factors used to arrive at the FY09 -10 limit are as follows: 2008 -09 County Population increase of 1.32 %; Per Capita Personal Income Increase of 4.29% 2009 -10 County Population increase of 1.25 % - Per Capita Personal Income Increase of 0.62% NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Alameda that said Council hereby establishes the Appropriations Limit in the amount of $84,205,213 for FY09 -10. Resolution # 4 -C 08 -03 -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 3rd day of August, 2009, by the following vote to wit: AYES: NOES ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set ray hand and affixed the seal of said city this 4 day of August, 2009. Lara Weisiger, city clerk City of Alameda C TY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council Honorable Chair and Members of the Community Improvement commission Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority From: Ann Marie Gallant Interim city Manager /Executive Director Date: August 3, 2009 Re: Adopt a Resolution for the city of Alameda Approving and Adopting the Operating and Capital Budget and Appropriating Certain Moneys for Said Expenditures in Fiscal Year 2009 -2010; Adopt a Resolution for the Community Improvement Commission Approving and Adopting the Operating and capital Budget and Appropriating certain Moneys for Said Expenditures in Fiscal Year 2009 -2010; Adopt a Resolution for the Alameda Reuse and Redevelopment Authority Approving and Adopting the Operating and Capital Budget and Appropriating Certain Moneys for Said Expenditures in Fiscal Year 2009 -2010 BACKGROUND The city of Alameda adopts an annual budget of revenue and expenditures for all city funds prior to the commencement of each fiscal year. As discussed at the city Council Financial Workshop held February 7, 2009, the recommended Annual Budget for Fiscal Year 2009110 and the Budget Forecast for Fiscal Year 2010111 has been prepared in a program- performance -based format, allocating financial resources to defined department programs to Improve transparency and clarity of reporting costs of services. Throughout Fiscal Year 2008109, the national and regional economies have experienced unprecedented market declines in investment earnings; corporate capital and debt; retail sales and consumer confidence in production centers; and, most importantly for local government, a major and critical decline in the residential home market. These economic realities required city management to work diligently this past fiscal year to re -tool department organizational structures; implement strategic reductions in force (RIFs); and, reduce targeted expenditures without significantly impacting community service levels in order to balance expenditures with aggressively declining revenues. As a result, the projected June 30, 2009 available (cash) fund balance in the General Fund stabilized at $8.8 million, approximately $200,000 more Special CC /ARRAICIC Report Re: Agendas Item #4-1) Honorable Mayor and August 3, 2009 Members of the City Council Page 2 of 4 Honorable Chair and Members of the Community Improvement Commission Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority than projected at third quarter due to expenditure control and RIF savings. Projected available (cash) fund balances in all funds, detailed by fund and fund group total $156.5 million at June 30, 2009 (Attachment 1). The FY09 -10 Annual Budget and FY10 -11 Budget Forecast were developed and balanced as a result of this prior year financial foundation. Revenues projected in all funds are based upon conservative growth assumptions in Bay Area economic forecasts for Alameda — averaging .5% - 2 %. Expenditures were initially based upon the prior year 10% requisite reductions; during budget preparation, other cost containment and budget balancing measures were necessary to ensure that negative cash balances, in certain funds, were eliminated. DISCUSSION The Annual Budget for Fiscal Year 2009110 and the Budget Forecast for Fiscal Year 2010/11 includes revenues, expenditures and available (cash) fund balances for all City funds, including the Alameda Reuse and Redevelopment Authority (ARRA), the Community Improvement Commission (CIC), and the City's two component units — the Alameda Housing Authority and Alameda Municipal Power. Annual budgets for the two component units were adopted previously, but are Included in this document for comprehensive budget and organizational reporting. The City of Alameda (all entities) annual budget appropriations for Fiscal Year 2009110 are $199.5 million and forecasted at $190.5 million in FY10 -11. This amount includes appropriations for all funds — reflecting revenues and, in certain cases as noted in Attachment 1, utilization of available (cash) fund balance to balance available revenues with requisite expenditures. This appropriation is allocated to fund groups as follows for both the budget appropriation year and the forecast year: FY09 -10 Agpropriations General Fund Special Revenue Funds Capital Project Funds Debt Service Funds Enterprise Funds Internal Service Funds Trust and Agency Funds TOTAL $ 68,732 , 150 81,403,740 18,391 , 070 7 909, 880 18,477,430 10, 887, 840 15,856 $199,458 FY10 -11 Forecast $ 70,108, 950 57X700 800 17,107,790 7 11,542,580 10,152,940 15 856 $190,483XO Honorable Mayor and August 3, 2009 Members of the City Council Page 3 of 4 Honorable Chair and Members of the Community Improvement Commission Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority In addition, the two component units have appropriations as follows: FY09 -10 Appropriations FY10 -11 Forecast Housing Authority $30,907,410 $31,582,310 Alameda Municipal Power 158,178,59D 54 156 950 TOTAL $89,086,000 $85,739,260 The total annual: budget appropriation for all entities and units of the City of Alameda is $288,544,650 in FY09 -10 and $278,222,560 forecasted in FY10 -11. The Financial Summaries incorporated into the budget document, which is on file in the City Clerk's Office, contain extensive financial information, comparative data, and details by fund and fund group, as well as graphic representations of revenues and expenditures by sources and uses. Department budgets have been organized by programs (cost centers) and also included in the budget text. Both financial and program information will be reviewed in detail, for the City Council and the public, during presentation of the budget staff report on August 3, 2009. FINANCIAL IMPACT Legislative approval of this document by the City Council, the Alameda Reuse and Redevelopment Authority, and the Community Improvement Commission will appropriate moneys to various city funds in conformance with Attachment A, FY09 -10 Budget — All Funds. City departments will operate under the appropriations authorized for the subject fiscal year. Quarterly reports on the status of all funds — revenues, expenditures, transfers and projected available (cash) balance will be submitted for legislative review, as previously established. MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE The City of Alameda city Charter requires that the city Manager transmit to the City Council (and related legislative entities) a detailed annual budget which includes estimated revenues and expenditures of the City for all funds and departments for the subsequent fiscal year. This document is submitted in compliance with that requirement. Honorable Mayor and August 3, 2009 Members of the City Council Page 4 of 4 Honorable Chair and Members of the Community Improvement Commission Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority RECOMMENDATION Adopt a Resolution for the City of Alameda Approving and Adopting the Operating and Capital Budget and Appropriating Certain Moneys for Said Expenditures in Fiscal Year 2009 -2010; Adopt a Resolution for the Community Improvement Commission Approving and Adopting the operating and Capital Budget and Appropriating Certain Moneys for Said Expenditures in Fiscal Year 2009 -2010; Adopt a Resolution for the Alameda Reuse and Redevelopment Authority Approving and Adopting the operating and Capital Budget and Appropriating Certain Moneys for Said Expenditures in Fiscal Year 2009- 2010. Respectfully submitted, Ann Marie Ilant Interim Cit, anager /Executive Director AMG:ti Attachments: 1. Budget Summary FY09 -10 - All Funds 2. Sources and Uses of Funds FY09 -10 - General Fund 3. Sources and Uses by Major Category FY09 -10 - General Fund 4. Budget Summary FY10 -11 -All Funds 5. Sources and Uses of Funds FY10 -11 - +General Fund 0. Sources and Uses by Major Category FY10 -11 - General Fund m me- 1(87-b-50 ell'• PtIll [win] on -foulzilf lei H ■llelsolil.Vl myrz ilffrl IBM IF ft. is I Roo MEN 1, 3 3,45'30' FAI 5-91,117- 228,31 C NO 68!-73 ; Cj �a 814 73 C, d ■ 3,2 3 t , 0 U VAN= &:1111iffmi rm ' A I dF— No V& rmlil■ IN. JPL -1 19 1 87 j 'Ir"O 0 ■ O• F ZZ MEN i ZL� 48, 17 I Pro lim 011 IF A 3 IT. I C* r A , 8 (i W. 44 2r ■ A Im1dTM9 fTau lei T. MEN F■► IF IV IV FA W r 5 r f L nir! rm 2 30 ID►L ir lair L.! 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T'c IIP-19= V�r- Mill �vz-x uz �c 3t ES a. ey ZI m 1648390 2,854,0 44;r V.1 30W20 r.;15740 Z CF. INEDIGN l: ' I c y, rm m L ;,v I I q Lr A lk I re OR I all :96,540 1180 ■ 978,730 271,��O WAI .01 m 1 rr WE, V J WIMM oil Mu &1 3,600 MEN oil 11141INIV 111103--lLwIlk lt�J50 A 'A "Atz.P.- Ull 53, CO N, * 1 -100 16 m MEN MEN PIM Ifiral k, I per n r rlr ;UTs ;IsTi R .. 6 01 .41 ulo m ELI t! I j Ll — .d o 411 ro Lm 'm wal 1-ral I Ll m No" 91119K >I I 'Iff I RIJTk- II q NON [ F.'Fel To fly. 1111t If F 11ill'AilL r v- 9 F, Fill TA I 00 MEN Pm �48,590 '-- Iffil I Fill MEN m 7�1 F&I Ll 3I 2$683, 'l 0 011 'r ill', S lei 18,29A '[poll I7 MEN LP MEN MEN AY MEN w L I Ic r►► TA m Soo iTs I'l• wl Ilk ST. I M, r. AT FAT mi 151 ■ on 'Iffolwit LF m Moo aTill a7 m ■ ■ FA U119,040 1 2C-V40 FAI t4ll,970 2,4EI-4,W70 1 X80 ma 4,2Z)l 0 3, 2 2 A, ,0 9,925,940 2,40 1 11,427,630 '.T: LO 1,2 23, 22A, A, k 3 '4,10l 1 17 ;.7 '4 1 18 1 , 0 OL'r or 1"M1s III " ffmlvFz Is. V?Ki or.-I INS w L I Ic ~ -- — — --' ~ ' " � ~ ' ~ n° U ~ ' |' '� ' / ~ � ^:..�_' | n,� * / ^ U « - . ` n ` n .m 7 . �I LA T-1 I �. ^ j R ■ i c� j II �Il R — II i ■ I I r !I M Jr. I •'I:r" - r.Q 1 1 r � . 1 1 r Eli I I I I ti r ' - I 1 I ' f4 L La 1 II 1 �wnl f�l 1 MI i c� � 1 I I 'f .• I �. '., '• I FIE ■` r W II I■ Y r IN M rl II �Il R — II i ■ I I r !I M Jr. I •'I:r" - r.Q 1 1 r � . 1 1 r Eli I I I I ti r ' - I 1 I ' f4 L La 1 II 1 �wnl f�l 1 MI CITY OF AL.AMEDA RESOLUTION NO. APPROVING AND ADOPTING THE OPERATING AND CAPITAL BUDGET AND APPROPRIATING CERTAIN MONEYS FOR SAID EXPENDITURES IN FISCAL YEAR 2009 -2010 WHEREAS, there has been submitted to and filed with this City council at a r this meeting, a budget representing the financial plan for conducting the affairs for the City f Alameda for the Fiscal Year beginning Jul y g 9 y 1, 2009 and ending June 30, 2010; and WHEREAS, the City council has considered this financial plan at a duly Y p y noticed special meeting of the City council; and WHEREAS, the city council has given this financial plan due consideration as to its projected revenues, anticipated expenditures and available (cash) balances; and WHEREAS, this financial plan ensures that the City of Alameda, including all funds, entities and component units, has exercised prudent judgment in its fiduciary responsibility as guardians of the public tax dollars. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of Alameda that said budget as submitted to the City council at this meeting is hereby approved and adopted as the operating and capital Improvement Budget for the City of Alameda for Fiscal Year 2009 -2010, and that the expenditure of the various sums of money therein by each department listed in detail are hereby approved and authorized as the total appropriations for the Fiscal Year ending June 30, 2010. Resolution # 4-D (1) 08 -03 -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 3rd day of August, 2009, by the followin g vote to wit: AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set nay hand and affixed the seal of said City this 4 day of August, 2009. Lara Weisiger, City Clerk City of Alameda ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY RESOLUTION NO. APPROVING AND ADOPTING THE OPERATING AND CAPITAL BUDGET AND APPROPRIATING CERTAIN MONEYS FOR SAID EXPENDITURES IN FISCAL YEAR 2009-2010 s f £ WHEREAS, there has been submitted to and filed with this Authority at this meeting, budg rep resenting the fi g, g p g plan for conducting the affairs of the Alameda Reuse and Redevelopment Authority for the Fiscal Year 1 p y beginning Jul 1, 2009 and ending . .� g g y g June 30, 2010; and WHEREAS, the Alameda Reuse and Redevelopment Authority has considered this financial plan at a duly noticed special meeting of the Alameda : Reuse and Redevelopment Authority; and WHEREAS, the Alameda Reuse and Redevelopment Authority has given p Y g this financial plan due consideration as to its projected revenues, anticipated expenditures and available (cash) balances; and WHEREAS, this financial plan ensures that the Alameda Reuse and Redevelopment Authority, including all funds, entities and component units, has exercised prudent judgment in its fiduciary responsibility as guardians of the public tax dollars. NOW, THEREFORE, BE IT RESOLVED by the Alameda Reuse and Redevelopment Authority of the City of Alameda that said budget as submitted to this Authority at this meeting, is hereby approved and adopted as the Operating and capital Improvement Budget for the Alameda Reuse and Redevelopment Authority for the Fiscal Year 2009-2010, and that the expenditure of the various sums of money therein by each department listed therein in detail are hereby approved and authorized as the total appropriations for the Fiscal Year ending June 30, 2010. Resolution # 4 -D (2) 08 -03 -09 I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Governing Board of the Alameda Reuse and Redevelopment Authority in regular meeting assembled on the 3rd day of August, 2009, by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of the said Authority this day of August, 2009. . . . . .......... - ------ - - - -. Irma Glidden, Secretary Alameda Reuse and Redevelopment Authority COMMUNITY IMPROVEMENT COMMISSION RESOLUTION NO. APPROVING AND ADOPTING THE OPERATING AND CAPITAL BUDGET AND APPROPRIATING CERTAIN MONEYS FOR SAID EXPENDITURES IN FISCAL YEAR 2009 -2010 WHEREAS, there has been submitted to and filed with this Commission at this meeting, a budget representing the financial plan for conducting the affairs of the Community Improvement Commission for the City � y of Alameda for the Fiscal Year beginning Jul 2009 and ending June 30 0 g y 9 , 2010, and WHEREAS, h S, t e Community Improvement Commission has considered this financial plan at a duly noticed special meeting of the community Improvement Commission; and WHEREAS, the Community Improvement Commission has given this Y p 9 financial plan due consideration as to its projected revenues, anticipated expenditures and available (cash) balances; and WHEREAS, this financial plan ensures that the Community Improvement Commission, including all funds, entities and component units, has exercised prudent judgment in its fiduciary responsibility as guardians of the public tax dollars. NOW, THEREFORE, BE IT RESOLVED by the Community Improvement Commission of the city of Alameda that said budget as submitted to this Commission at this meeting, is hereby approved and adopted as the Operating and Capital Improvement Budget for the Community Improvement Commission for Fiscal Year 2009 -2010, and that the expenditure of the various sums of money therein by each department listed in detail are hereby approved and authorized as the total appropriations for the Fiscal Year ending June 30, 2010. Resolution # 4 -D (3) 08 -03 -09 I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Community Improvement Commission of the City of Alameda in a special Community Improvement Commission meeting assembled on the 3rd day of August, 2009, by the following Vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said Commission this day of August, 2009. Lara Weisiger, Secretary Community Improvement Commission Beverly Johnson, Chair Community Improvement Commission