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2009-10-06 Packet
CITY OF ALAMEDA CALIFORNIA SPECIAL MEETING OF THE CITY COUNCIL TUESDAY OCTOBER 6, 2009 6-000 P.M. Time: Tuesday October 6, 2009 6:00 p.m. 1. Roll Call City Council 2. Public comment on Agenda Items Only 3. Adjournment to Closed Session to consider: 3-A. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION 54956.9 (b) Number of cases: one 3-B. CONFERENCE WITH LABOR NEGOTIATORS Agency negotiators: Karen Willis and Craig Jory Emplomployee organizations: All Bargaining Units and CONFERENCE WITH LABOR NEGOTIATOR Agency Negotiators: City Council Subcommittee Employee: Interim City Manager 4. Announcement of Action Taken in Closed Session, if an 5. Adjournment City Council CITY O F ALAMEDA CALIFORNIA SPECIAL JOINT MEETING OF THE CITY COUNCIL AND COMMUNITY IMPROVEMENT COMMISSION (CIC) TUESDAY OCTOBER 6, 2009 7:25 P.M. Location: C3*_f y Council Charnbers, Cit Hall, corner of Santa Clara Avenue and Oak Street Public Participation An wishin to address the Council/Commission on a items or business introduced b the Council/Coirmission ma speak for a maximum of 3 minutes per a item when the subject is before the Council /Co Please file a speaker's slip with the Deput Cit Clerk if y ou wish to speak. PLEDGE OF ALLEGIANCE 1. ROLL CALL Cit Council, CIC 2. CONSENT CALENDAR 2-A. Minutes of the Special Joint Cit Counc-i-I C---nd CIC Meetin held on September 15, 2009. [Cit Council, CIC (Cit Clerk) 2-B. Recommendation to Award a Consultant A to Hdl Coren Cone for Review and Anal of Propert Tax Revenues and Identification and Correction of Errors. [Cit Council, CIC] (Finance) 2-C. Adoption of Resolution Authorizin the Interim Executive Director to Submit an Application to the Environmental Protection A for a Brownfields Cleanup Grant Pro for the Alameda Landin Residential Project. [CIC] (Economic Development) 3. AGENDA ITEMS None 4. ADJOURNMENT Cit Council, CIC CITY OF ALAMEDA •CALIFORNIA IF YOU WISH TO ADDRESS THE COUNCIL: 1. Please file a speaker' s slip with the Deputy City Clerk and upon recognition by the Mayor, approach the podium and state your name; speakers are limited to three (3 minutes per item. 2. Lengthy testimony should be submitted in writing and only a summary of pertinent points presented. verbally. 3. Applause and demonstration are prohibited during Council meetings. AGENDA REGULAR MEETING OF THE CITY COUNCIL TUESDAY OCTOBER 6. 2009 7:30 P.M. [Note: Regular Council Meeting convenes at 7:30 pm, City Hall, Council Chambers, corner of Santa Clara Ave and oak St] The order of Business for City Council Meeting is as follows: 1. Roll Call 2. Agenda Changes 3. Proclamations, Special orders of the Day and Announcements 4. Consent Calendar 5. City Manager Communications 6. Agenda Items 7. Cral Communications, Non- Agenda (Public Comment) 8. Council Referrals 9. Communications (Communications from Council) 10. Adjournment Public Participation .Anyone wishing to address the Council on agenda items or business .introduced by Counci lmembers may speak for a maximum of 3 minutes per agenda item when the subject is before Council. Please file a speaker's slip with the Deputy City Clerk if you Irish to address the City Council SPECIAL MEETING OF THE CITY COUNCIL 6 :Oo P.M. CITY COUNCIL CHAMBERS CONFERENCE ROOM Separate Ag enda (Closed Session) SPECIAL JOINT MEETING OF THE CITY COUNCIL AND 7: P.m. COMMUNITY IMPROVEMENT COMMISSION, CITY COUNCIL CHAMBERS Sep arate Agenda 1. ROLL CALL City Council 2. AGENDA CHANGES 3. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS 3 -A. Proclamation Recognizing the Benefits of Public Power and Honoring Alameda Power and Telecom for Its Contributions to the Community. (Alameda Power and Telecom) 3 -B. Proclamation Declaring October as Disability Awareness Month. 4. CONSENT CALENDAR Consent Calendar items are considered routine and will be ena.c ted, approved or adopted by one motion unless a request for removal for discussion or explanation is received from the Council or a member of the public 4 -A. Minutes of the Regular City Council Meeting held on September 15, 2009. (City Clerk) 4-B. Bill s for Ratification. (Finance) 4-C. Recommendation to Authorize the Purchase of Four Marked Ford Crown Victoria Police Vehicles Through the Los Angeles County Vehicle Bid Contract at a Cost Not to Exceed $100,000.00. (Police) 4 -D. Recommendation to Adopt Plans and Specifications and Authorize a Call for Bids for the Alameda Harbor Bay Barge Replacement Project, No. P.W. 06-09-19. (Public Works) 4-E. Recommendation to Reject the Sole Bid and Adoption of Resolution Authorizing Open Market Negotiations of a Contract Pursuant to Section 3 -15 of the Alameda City Charter for the Alameda Harbor Bay Channel Dredging Project, No. P.W. 06 -09- 14, and Authorizing the Interim City Manager to Enter into Such an Agreement (Requires Four Affirmative Votes]. (Public Works) 4 -F. Adoption of Resolution Authorizing the Interim City Manager or Designee to Negotiate and Execute a Financial Assistance Agreement from the State Water Resources Control Board and Any Amendments or Change Orders Thereto and Certify Financial Agreement Disbursements on Behalf of the City of Alameda for the Installation of Mechanical Trash Racks at Storm. Water Pump Stations. Public Works) 4-G. Adoption of Resolution Authorizing the Interim City Manager or Designee to Negotiate and Execute a Financial Assistance Agreement from the State Water Resources Control Board and Any Amendments or Change Orders Thereto and Certify Financial Agreement Disbursements on Behalf of the City of Alameda for the Rehabilitation of the Structural Stability of Approximately 3, 000 Linear Feet of the Southshore Lagoon Seawalls Adjacent to City Streets. Public Works) 4 -H. Introduction of ordinance Amending Ordinance No. 2497, New Series, By Amending Subsection 19 (a) (Medical Insurance) and By Amending Subsection 19 (b) (Dental) of Section 19 PERS Pension Fund) Regarding Public Safety Employees Hired. After November 1, 2009. Human Resources) 4 -I. Final Passage of Ordinance Amending the Alameda Municipal Code by Adding Section 59 at Article IV to Chapter II Pertaining to Contracts in Writing. City Attorney) 4-J. Final Passage of Ordinances Amending ordinance No. 1277, N.S. to Rezone Approximately: 4.7 Acres Located at 1 Singleton Avenue, APN 074 0905 010.01, from M-2-PD, General Industrial. (Manufacturing) Planned Development District, to R -4 -PD, Neighborhood Residential Planned Development. District Zoning Designation; 5 Acres Located at 2189 and 2201 Clement Avenue, APNs 071-0289-007-03 and 074-0289-004-00, from M-2, General Development Residence District, to R -2 -PD, Two- Family Planned Development District Zoning Designation; 4.14 Acres Located at 2015/2025 Grand Street, APN 072- 0381 002 -00 and 072- 0381-001.- 00, f rom M-2. General Industrial (Manufacturing) District to R- 4--PD, Neighborhood Residential Planned Development District; 2.78 Acres Located at 2100 Clement Avenue/1924 Willow Street, APN 071. 0228-001 -02 from M-1, Intermediate Industrial (Manufacturing) District to R -2 -PD, Two Family Residence Planned Development District Zoning Regulation; 1.9 Acres Located at 1913 Sherman Street, APN 074- 0906. 031 -08, from M-1- PD, Intermediate Industrial (Manufacturing) Planned Development District to R -2 -PD, Two Family Residence Planned Development District Zoning Designation; 2.1 Acres 1590/1616 Fortmann Way, APN 072 0381. 018 -00, from M-2, General Industrial. (Manufacturing) District to R- 4-PD, Neighborhood Residential Planned Development District Zoning Designation to Bring Zoning Designations for Six Properties into Conformance with the General Plan and Housing Element. Applicant: City of Alameda. (Community Development) S. CITY MANAGER COMMUNICATIONS (Communications from City Manager) 5 -A. Telephone Contract Update 5 -B. Proposition lA Securitization Proposal 5 -C. City-School District Linkages Update 6. REGULAR AGENDA ITEMS 6--A. Adoption of Resolution Appointing Cullen L. Jones as a Member of the Housing Commission Senior Tenant Seat) 6 -B. Recommendation to Amend the Measure WW Proposed Project List to Include a $2 Million Grant to the Boys Girls Club for the Completion of Construction of Its Youth Development Center in .Accordance with the Terms and Conditions outlined Herein. (City Manager) 6 -C. Recommendation to Accept the Report of the Economic Development Commission's Business Retention Subcommittee. (Economic Development) 7. ORAL COMMUNICA`T'IONS, NON- AGENDA Public Comment) Any person may address the Council in regard to any matter over which the Council has jurisdiction or of which it may take cognizance, that is not on try e agenda 8. COUNCIL REFERRALS Matters placed on the agenda by a Councilmember may be acted upon or scheduled as a future agenda item 9. COUNCIL COMMUNICATIONS (Communications from Council; Councilmembers can address any matter, including reporting on any Conferences or meetings attended 9 -A. Consideration of Mayor's nominations for appointment to the Commission on Disability Issues, Library Board and Recreation and Park Commission. 10. ADJOURNMENT City Council Materials related to an item on the agenda are available for public inspection in the City Clerk's off'ce, City Hall, Room 380, during normal business hours Sign language interpreters will be available on request. Please contact the City Clerk at 747 -4800 or TDD number 522 -7538 at least 72 hours prior to the Meeting to request an interpreter Equipment for the hearing impaired is available for public use. For assistance, please contact the City Clerk at 747 -4800 or TDD number 522- 7538 either prior to, or at, the Council Meeting Accessible seating for persons with disabilities, including those using wheelchairs, is available Minutes of the meeting available in enlarged print Audio Tapes of the meeting are available upon request Please contact the City Clerk at 747 --4800 or TDD number 522 --7538 at least 48 hours prior to the meeting to request agenda materials in an alternative format, or any other reasonable accommodation that may be necessary to participate in and enjoy the benefits of the meeting UNAPPROVED MINUTES OF THE SPECIAL JOINT CITY" COUNCIL AND COMMUNITY IMPROVEMENT COMM I S S I OZ1 (CIC) MEE'T'ING TUESDAY -SEPTEMBER 15, 2009- -7:31 P.M. Mayor /Chair Johnson convened the joint meeting at 11 :49 p.m. ROLL CALL Present: Counc i 1 membe rs Commi s s i one rs deHaan Gilmore, Matarrese, Tam, and Mayor /Chair Johnson 5. Absent: None. CONSENT CALENDAR Counc i lme mber /Commissioner Matarre se moved approval of the Consent Calendar. Councilme.ber /Commissioner Tam seconded the motion, which carried by unanimous voice vote 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] *09- CC/ *09-- CIC) Minutes of the Special Joint City Council, Alameda Reuse and Redevelopment Authority and CIC Meeting; and the Special CIC Meeting held on September 1, 2009. Approved.. (*09- C I C Recommendation to Award a Contract in the Amount of $171,414 to Moreno Trenching, Ltd. for Park Street and Buena Vista Avenue Utility Undergrounding. Accepted. AGENDA ITEMS (09-- CC) Public Hearing to Consider Introduction of ordinance Amending Municipal Code by Adding Subsection 30--17 (Density Bonus Regulations) to Article I (Zoning Districts and Regulations) of Chapter XXX (Development Regulations) to Allow Density Bonus Units and Incentives or Concessions to Developers that Voluntarily Provide for Affordable Housing Units as an Element of Their Residential Development Project; and (09- CIC) Adoption of Resolution Amending Resolution No. 04 --127 to Reduce the Inclusionary Unit Requirement Policy for Residential Developments in the Business and waterfront and west End Community Improvement Project Areas from at Least 25% to at Leas t 15%. Continued. Special Jcint Meeting Alameda City Council and Community Improvement Commission September 15, 2009 ADJOURNMENT There being no further business, Mayor /Chair Johnson adjourned the joint meeting at 11 5 o' p m RespectLully submitted, Lara weisiger, City Clerk Secretary, Community Improvement Commission The agenda for this meeting was posted in accordance with the Brown Act. Special Joint Meeting Alameda City Council and Community Improvement Commission September 15, 2009 CITY OF ALAMEDA Memorandum To: honorable Mayor and Members of the city council Honorable chair and Members of the Community Improvement Commission From: Ann Marie Gallant Interim city Manager Date: October 0, 2009 Re: Award a consultant Agreement to HdL Coren cone for Review and Analysis of Property Tax Revenues and Identification and Correction of Errors BACKGROUND Property tax is the City's largest source of General Fund revenue. The city is interested in obtaining a detailed analysis of the property tax revenue to insure that the amounts received are correct and to identify and resolve any errors. DISCUSSION Property tax accounts for approximately $22 million or 30% of General Fund revenue. Property tax is imposed on real property (land and improvements) and. tangible personal property. The County Assessor calculates the assessed value of the property for the purpose of imposing the tax. The county Tax collector collects the tax, calculates the City's share, and sends it to the city. Under the scope of this consultant agreement, HdL Coren cone will review property tax information from the county and update the county records forany changes in ownership, including transfer date and sales price, for the purpose of. identifying errors and inconsistencies. They will also provide a variety of detailed property tax. reports for the City as a whole and for specific geographic areas. These reports will include a listing of the major property owners in the City and the assessed value. of their. property; a listing of property. tax transfers; a listing of parcels that have not clanged .hands since the enactment of Proposition 13; and a listing of new construction, including assessed valuation. In addition, they will provide reports estimating expected property tax revenue and detailing revenue trends for the city. A copy of the consultant agreement is attached. DClC C Agenda Item ##21-13 10-6-09 Honorable Mayor.. and October 6, 2009 Members of .the city council Page 2 of 2 Honorable Chair and Members of the Community Improvement Commission FINANCIAL IMPACT The funds for this contract are budgeted in 2405 01050, the Finance Department's account for consulting services. The cost for property tax services is $18,250 per ear year, plus 25% of the net revenues recovered by the consultant. RECOM Award a consultant Agreement to HdL Goren Cone for review and analysis of property tax revenues and identification and correction of errors. Respectfully submitted, Glenda D. Jay Interim Finance Director GDJ:dl Attachment: Consultant Agreement CONSULTANT AGREEMENT THI .AGREEMENT, entered into this day of 200 by and between CITY OF ALAMEDA, a municipal corporation (hereinafter referred to as "City"), and HdL Coren Cone, a California corporation whose address is 13 4 7 0 Valley vista Drive, Suite 200, Diamond Bar, CA 91765 (hereinafter referred to as "Consultant is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the lags of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City. Y B. Consultant is specially trained, experienced and competent to p erform the special services which will be required by this Agreement; and C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this .Agreement on the leans and conditions described herein. D. City and Consultant desire to enter into an agreement for review and analysis of real provertv tax revenues upon the terms and conditions ns herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM: The term of this Agreement shall commence on the 1 st day f June 200 and y shall terminate on the 30th day of June, 2011, unless terminated earlier as set forth herein. 2, SERVICES TO BE PERFORMED Consultant shall perform each and every service set forth in Exhibit "Al` which is attached hereto and incorporated herein by this reference. 3. COMPENSATION TO CONSULTANT: Consultant shall be compensated for services erformed pursuant t p p o this Agreement in the a mount set forth in Exhibit "B" which is attached hereto and incorporated herein by this reference. Payment shall be made b c y 11eCk.5 drawn on the treasury of the City, to be taken from the general fund. 4. TIME IS OF THE ESSENCE: Consultant and City agree that time is of the essence regarding the g g performance of 06/10/03 CONSULTANT CCICIC Attachment to Agenda Item ##2.,B this Agreement. 5. S'T'ANDARD OF CARE Consultant agrees to perform all services hereunder in a manner co with the prevailing standards of like rofessionals in the San Francisco Bay Area p y ea and agrees that all .services shall be performed by qualified and experienced P ersonnel who are not employed by the City nor have any contractual relationship with City. 6. INDEPENDENT PARTIES- City and Consultant intend that the relationship between there created b y this Agreement is that of employer independent contractor. 'The' manner and means of conducting the work are under the control of Consultant exce. t to the extent they y are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Consultant's services. None of the .benefits provided by City to its employees, includin but not g limited to, unemployment insurance, workers' compensation plans, vacation and sick leave are available .from City to Consultant, its r employees agents. Deductions shall not be made for any state or federal taxes, FICA. payments, PEES payments, or other purposes normally associated .with an employer -ern to ee relationship from an fees due p y P y Consultant. Payments of. the above items, if required, are the responsibility of Consultant. 6. IMMIGRATION REFORM AND CONTROL ACT IRCA Consultant assumes any and all responsibility for verf in the identit and y' g y employment authorization of all of his /her employees performing work hereunder, pursuant to all applicable IRCA. or other federal, or state rules. and re lations. 9 Consultant shall ind.enznify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Consultant. 7. NON DISCRIMINATION: Consistent with Citys policy that harassment and discrimination are unacceptable employer /employee conduct, Consultant agrees that harassment or discrimination directed toward a job applicant, a City employee or a citizen b Consultant or y Consultant's employee or. subcontractor on the basis of race rel. i ions creed color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation will net be. tolerated. Consultant agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 8. :HOLD HARMLESS Indemnificatio Consultant shall inde defend, and hold harmless Ci its City ty, y Council, boards, conunissions, officials, employees, and volunteers ("Indennnitees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever including reasonable attorneys' fees "Claims arising from or in any manner connected to Consultant's negligent act or omission, whether alleged or actual, regarding erforrrrance of g gP 06/14/03 CONSULTANT services or work conducted or performed pursuant to this Agreement. If Clairns are filed against Indemnitees which allege negligence on behalf of the .Consultant, Consultant shall have no right of reimbursement against Indemnitees for the costs of defense even f negligence is not found on the part of Consultant. However, Consultant shall not be obligated to indemnify Indemnitees from Claims arising rom the sole or active negligence g g igence or will misconduct of Indemnitees. Indemnification For Claims for Professional Liability: As to Claims for professional liability only, Consultant'. s obligation to defend Indemni g tees (as set forth above) is limited to the extent to which its professional liabilit nsurance olio policy will provide such defense costs. 9. INSURANCE On or before the commencement of the team of this Agreement, Consultant shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs IOA, B, C, D and E. Such certificates, which do not limit Consultant's inden mification, shall also contain substantially the followin g staternerzt: y "Should an of the above insurance covered by this certificate .be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall rovide• thirty da g p y s' y advance written notice to the City of Alameda by certified mail, Attention: Risk Manager." It is agreed that Consultant shall maintain in force at all times durin g the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and lice to do insurance business in the State of California. Endorsements .naming the City as additional insured shall be submitted with the insurance certificates. A. COVERAGE Consultant shall maintain the following insurance coverage: workers' Compensation: Statutory coverage as required by the State of California. (2) Liability Commercial general liability coverage in the followin g minimum l imits Bodily Injury: $500,0+00 each occurrence $1 ,000po aggregate all other Property Damage: $100 000 each occurrence $25.0 0�0 .aggregate If submitted, combined .sing g g le limit policy with. a re ate limits in x the amounts of I 000,000 .will be considered equivalent to the required minimum limits shown above. (3) Automotive Comprehensive automotive liability coverage in the following g 0 5/x.0/03 CONSULTANT minimum limits: Bodily Injury: $500,000 each occurrence Property Damage 1 00 ,000 each occurrence or Combined Single Limit: $500,00o each occurrence (4) Professional Liability: Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at least I,QQopo. B.' S UBRO GA`I`ION WAIVER Consultant agrees that in the event of loss due to any of the p erils for %Nrhich he /she has agreed to provide c general .and automotive liability nsurance y Consultant shall look solely to his/her insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either .Consultant or City with resp to th services of Co nsultant P o sultant herein, a waiver of any r ght to. subrogation which any such insurer of said Consultant may acquire against. City by virtue of th payment of an y loss under such insurance. C. 'FAILURE TO SECURE If Consultant at any time dur the term hereof should fail to secure or ma*ntain the foregoing insurance, City .shall be permitted to .obtain such .insurance in the Consultant's name or as an agent of the Consultant and .shall be comp ensat ed b the p y Consultant for the costs of the insurance premiums at the ma rate permitted b law 3� and computed from the date written notice is received that the premiums have not been paid. D. A.DDITIONAL INSURED City, its .City Counc.1 boards arid. commissions, officers employees ees and s p volunteers shall be named as an. additional insured under all insurance covera es except overages, p any professional liability insurance, required by this Agreement. the naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such. additional insured. An additional insured named herein shall not be held. liable for premium, deductible p ortio n y p p o of any loss, or expense of any nature .on this policy or any extension thereof. Any pother insurance held by an additional insured shall not be required to contribute anything y g toward any loss or expense covered by the insurance provided by this olic P y E. SUFFICIENCY OF INSURANCE: The insurance limits required by City are not represented as bein g sufficient to protect Consultant. Consultant is advised to confer with Consultant's insurance broker to determine adequate coverage for Consultant. 10. CONFLICT of INTER-EST Consultant warrants that it .is n ot a conflict of interest for Consultant to p erform the services required by this Agreement. Consultant may be required to fill out a conflict of interest form if the services provided under this Agreement re uire Consultant t g o make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 1 8700 of the California Code of Regulations. 06/10/03 CONSULTANT 11. PROHIBITION AGAINST TRANSFERS: Consultant h not assi gn, s ubl ease, hypoth ecate, or transfer this A g reement or t� any interest therein, directly or indirectly, by o p erat ion of law or otherwise, without P rior written consent of City. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypo .thecate .or transferee shall ac wire no r ight or interest b q g y reason of such attempted. assignment, hypothecation or transfer. However., cl aims for money by Consultant from City under this Agreement may be assi ed to a ba trust y gn company or other. financial institution without prior written consent. written notice of such assignment shall be pr omptly furnished t o Ci ty by Consultant. The sale, assignment, transfer or other disposition of and of the issued and outstanding capital stock of Consultant, or of the interest of any eneral partner or `oint g p J venturer or syndicate member or .cotenant, if Consultant is a partnership or j Dint venture or syndicate or cotenancy, which shall result in changing the control of Consultant shall be construed as an assignment .of this Agreement. Control means fifty percent (50 or more of the voting' power of the corporation. -12. SUBCONTRACTOR. APPROVAL Unless prior written consent from .City is obtained, only those people and subcontractors whose. names and resumes are attached to this Agreement shall be used in the performance of this Agreement. In the event that Consultant employs subcontractors, such subcontractors shall be required to furnish proof of ,workerst compensation insurance and shall also be required to carry general, automobile and professional liability insurance in reasonable conforrnit y to the insurance carried by Consultant. In addition, any work or services subcontracted hereunder shall be subject to .each pr ovision of this Agreement. 13. .PERMITS AND LICENSES: Consultant, at his/her sole .expense, shall obtain and maintain durin g the term of this Agreement, all appropriate. permits, certificates and licenses includin g but not limited to, a City Business License, that may be required in connection with the performance of services hereunder. 14. REPORTS A. Each and every report, draft, work. product, map, record and other document, hereinafter collectively referred to as "Report`, reproduced,,. pre fired or P caused to be prepared by Consultant pursuant to or in connection with this A greement, shall be the exclusive property of City. Consultant shall not co ri nt an Re ort py g y p required by this Agreement and .shall execute appropriate documents to assi n to City the g copyright to Reports created pursuant to this Agreement. Any Report, information and data acquired or required by this Ag reem ent .shall becom the ro ert of City, and all p p Y publication rights are. reserved to City. B. All Reports prepared by Consultant may be used by City in execution or implementation of: (1) The original Project for which Consultant was hired; (2) Completion of the original Project by others; (3) Subsequent additions .to the original reject; and /or p 06/10/03 CONSULTANT (4) other City projects .as appropriate. C. Consultant shall, at such time and in such form as City may require tY y q furnish reports concerning the status of services required under this Agreement. q g D. All Reports required t o b e provided by this Agreement shall be p rinted on recycled paper. All Reports shall .b copied on both si of the p except for one original, which shall be single. sided. E. No :Report, in formation or other .data iven t or prepared or assembled b g p p y Consultant pursuant to this Agreement shall be made available to an y individual or organization by Consultant without prior approval by City. 15. RECORDS: Consultant shall maintain complete and accurate records ..with respect to sales, costs, expenses, receipts and other such information required' by .City that relate to the. performance of services under this .Agreement. Consultant shall mainta adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with y generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall prov.ide free access to such boos and records to the representatives of City or its designees at all pro er tunes, and iv es City the rig ht to p g y g examine and audit same, and to .make transcripts therefrom as necessary, and to a ll ow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate p from other documents and records. and sh .be .maintained fora pe r iod of three (3) years after receipt of final payment. If supplemental examination or audit of the records is neeessar due to concerns Y raised by City's preliminary. examination or audit of records, and the City's su lenlental pp examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach. of contract or failure to act in faith then g Consultant shall reimburse City for all reasonable costs and .expenses associated wvith the supplemental exarmination or audit, 16. NOTICES All notices, demands, requests or approvals to be given under this A gr eernent shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereo in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. 8 All notices, demands, requests, or approvals from Consultant to City shall be addressed to City at: City of Alameda 2263 Santa Clara ..Avenue, Room 220 Alameda CA 94501 Attention: Laura Gwynne All notices, demands, requests, or approvals from Cit y to Consultant shall be addressed to Consultant at: 06 11.0103 CONSULTANT Hdl Coren Cone 1340 valley vista Drive, Suite 200 Diamond Bar, CA 91765 17. TERMINATION In the.-event Consultant fails or refuses to perform any of the p rovisions hereof at the time and i the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement.. If such default is not cured within: a eriod of two p (2) days after receipt by Consultant from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, Cit Y y rria terminate the Agreement forthwith by giving to .the Consultant written notice thereof. City shall have the option, at its sole discretion and without cause, of tenninatin g this Agreement by giving seven (7) written notice to Consultant as provided Upon pon termination of this Agreement, each party shall pay to .the other p a that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 18. COMPLIANCES Consultant shall comply with all state or federal laws and all ordinances, rules and regulations enacted or issued by City. 19. CONFLICT OF LAW: This Agreement shall be interpreted under, and enforced by the lags of the State of California excepting any choice of law rules which may direct .the application of laws of another jurisdiction. The Agreement and .obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities havin g jurisdiction over this Agreement (or the successors of those authorities,) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Alameda, State of California. 20. ADVLRTISEMENT: Consultant shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of an y kind pertaining to the services perfonned under this Agreement unless prior written approval has been secured from City to do otherwise. 21. WAIVER A waiver by City of any breach of any terra, covenant, or condition contained herein shall not b e .deemed to b e a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. 22. INTEGRATED CONTRACT This Agreement represents the full and complete understanding f eves .kind or g `y 06/14/03 CONSULTANT nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 22. INSERTED PROVISIONS Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amen to make such insertion on application by either party. 23. CAPTIONS: The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the day and year first above written. CONSULTANT CITY OF ALAMEDA A Municipal Corporation HdL Coren &Cone By a? By Title Title Interim Ci Manager RECOMMENDED FOR APPROVAL: By Title ICIt rim Hance Director APPROVED AS TO FORM: City Attorney_ By Title 06/10/03 CONSULTANT Attachment A SERVICES The CONTRACTOR shall perform the following services: A. ANNUALLY, after the Property Tax Poll is available: CONTRACTOR shall establish a Data Base for CITY and install on a personal computer or network 2. utilizing the Data Base, CONTRACTOR will provide a. A listing of the major property owners in the CITY, and each Project Area, including the assessed value of their property b. A payers, listing of the major property tax pa y including an estimate of the property taxes C. A listing of property tax transfers which occurred since the prior lien date d. A listing of parcels that have not changed ownership since the enactment of Proposition XIIIA e. A comparison of property within the CITY and each Project Area, by county -cause code designation f. A listing by parcel of new construction activit utilizing city building department data, Including building permits with assessor parcel numbers and project completion dates, to identify non- residential parcels with new construction activity and to provide reports for use in the CITY Is preparation of Proposition 4 and 1 I I State Appropriation Limit calculations. g. A listing of multiple owned p arcels h. A listing of absentee owner parcels i. Calculate an estimate of property tax revenue anticipated to be received for the fiscal ear b v v the CITY and the Agency, respectively. This estimate Is based upon the initial information provided by the County and is subject to modification. This estimate shall not be used to secure the indebtedness of the CITY or the Agency. 2 Upon written request, analyses based on geo areas designated by the CITY to include assessed valuations and square footage computations for use in community development planning. B. QUARTERLY 1. A listing of property tax appeals filed on properties in the CITY and Project Areas (selected counties) 2. A listing of property transfers that have occurred since the last report. 3. An update of computer program parcel transfer data. C. ANALYSIS AND IDENTIFICATION OF MISALLOCATION ERRORS In the first year of this Agreement, and as necessary thereafter but not less than once every three years,. CONTRACTOR shall conduct an analysis to identify and verify in both the CITY and each Project Area, parcels on the secured Property Tax Roll which are not properly attributed to a CITY or a Project Area TRA, and will provide the correct TRA designation to the proper County agency. Typical errors include parcels assigned to incorrect IRAs within the CITY or an adjacent city, and TRAs allocated to wrong taxing agencies and parcels missing from Project Areas. 2. CONTRACTOR shall reconcile the annual auditor controller assessed valuations report to the assessor's lien date rolls and identify discrepancies. 3. CONTRACTOR shall reviews parcels on the unsecured Property Tax Roll to identify inconsistencies such as value variations, values being reported to a mailing address rather than the situs address, and errors involving IRAs to the extent records are available). 4. Property transfers and new construction Completions will be tracked to determine whether reassessment is 3 performed within a reasonable time. The CITY will be notified of parcels which have failed to be reassessed. D. ON -GOING CONSULTATION During the terra of this Agreement, CONTRACTOR will serve as the CITY's and the Agency's resource staff on questions relating to property tax and assist in estimating current year propert y tax revenues. On -going consultation would include, but not be limited to, inquiries resolved through use of the CITY's data base. E. OPTIONAL SERVICES The following services are available on a time and materials basis Generation of specialized data -based reports which would require additional programming or the purchase of additional data not necessary to carry out services outlined in Sections A, B, and C. 2. Any Research with county agencies for which CONTRACTOR does not have a current database. 3. Redevelopment Financial Services including but not limited to: a. Tax increment projections b. Feasibility studies C. Agency or Project Area cash flows d. Low and moderate income housing set -aside calculations, finding and consultations e. Fiscal impact studies f. Legislative analysis g. Redevelopment plan adoption and amendment financial feasibility studies F. BOND SERVICES Bond services are available for a fixed fee, including 1. Tax Allocation Bonds fiscal consultant reports 2. Mello -Roos Special Tax studies 3. Independent redevelopment and financial consultant reports, such as escrow release reports and additional bond tests. 4 s Attachment B CONSIDERATION A. CONTRACTOR shall provide the services described in Services Sections A, B and D above, for an annual fee of $18,,250 invoiced quarterly. B. Contractor shall be paid 25 percent of misallocated revenue identified in the audit. Contractor's shall separate and support said reallocation and provide CITY with an itemized invoice showing all amounts due as a result of revenue recovery or reallocation. CITY shall pay audit fees after Contractor's submittal of evidence that corrections have been made by the appropriate agency. Payment to Contractor shall be made after CITY receives its first remittance advice during the fiscal year for which the correction applies. C. Fees for optional Services as outlined in Services Section F above shall be billed at the following hourly rates: Principal $195 per hour Associate $175 per hour Senior Analyst 135 per hour Analyst 65 per hour Administrative $45 per hour Hourly rates are exclusive of expenses, which are billed at 1.1 5 times actual incurred costs. D. Fees for Bond Services will be determined depending upon the complexity of the bona issue and the time available for completion of the task. The following are the ranges of price: 1. Tax Allocation Bonds $12,500 $25,000 2. Special Tax Reports $7',500 $20,000 3. Independent Consultant Reports $2,500 $7,500 E. Except for fees billed under Section C above, all sums billed shall constitute full reimbursement to CONTRACTOR for all direct and indirect expenses incurred by CONTRACTOR in performing analyses and audits including the salaries of CONTRACTOR's employees, and travel expenses connected 5 with contacting appropriate county de artrret representatives. p F. All fees are due 3o days y Immediately following billing. All undisputed amount that g are no lesser of paid when per due shall accrue interest from interest due date at t Ue annum or the maximum rate allowed by la CITY OF ALAM EDA Memorandum To: Honorable chair and Members of the Community Improvement provement Commission From: Ann Marie Gallant Interim Executive Director Date: October 0, 2009 Re: Approve a Resolution Authorizing the Interim Executive Director to Submit an Application to the Environmental Protection Agency for a Brownfields cleanup Grant Program for the Alameda Landing Residential P BACKGROUND In December 2000, the Community Improvement Commission entered into a Disposition and Development Agreement (DIDA) with Palmtree Acquisition corporation (PAC) for redevelopment of the former Fleet Industrial supply center (FISC). The redevelopment project, Alameda Landing, will consist of 400,000 square feet of office, 300,000 square feet of retail, up to 300 residential units, and a 1 0 -acre waterfront park. Residential construction is proposed in the western one -half of the property between Mitchell and Stargell Avenues. The Davy has conducted environmental remediation for removal of underground storage tanks, and scrap yard excavations for PCB's, lead and petroleum hydrocarbons in this area. The Navy's remediation has. resulted in property suitable for commercial reuse. Removal of additional contaminated soils is required to remediate the property so the parcels are suitable for residential reuse. PAC has prepared a Remedial Action Workplan (RAW) to conduct the additional required remediation. The RAW has been approved by the California Department of Toxic Substances control. The attached resolution authorizes the Interim Executive Director to submit a grant application to fund a portion of the required additional remediation work. DISCUSSION Staff has been researching grant opportunities to assist with remediation costs as part of the American Recovery and Reinvestment Act. The Environmental Protection Agency has issued a Notice of Funding Availability for such funding in the form of the Brownfields cleanup Grant. The Brownfields Cleanup Grant provides for up to $200,000 per cleanup site, with a maximum of three sites eligible for funding consideration. The Alameda Landing residential project meets the granting criteria of the Brownfields cleanup Grant. staff proposes to submit two residential sites for consideration (see Attachment 1) prior to the October 10 deadline. CC /CIC Agenda Item ##2 -C 1® -6 -09 Honorable chair and October 6, 2000 Members of the community Improvement Commission Page 2 of 2 FINANCIAL IMPACT The Brownfields Cleanup Grant program requires a 20% match. A $400,006 grant award requires an $80,000 local match. The Alameda Landing DDA obligates PAC to fund its required backbone infrastructure and remediation work. PAC's current estimate to complete the required remediation is $480,000. PAC's contribution to the balance of the remediation work meets the required 20% match amount, therefore; there is no financial impact from pursuing the Brownfields cleanup Grant. ENVIRONMENTAL REVI An Environmental Impact Report (EIR) was prepared and certified in 2000 for the Catellus mixed -use project at FISCIEast Housing. Based on that EIR, and the 2006 supplemental EIR, no further CEOA review is required to apply for the grant. RECOMMENDATION Approve a resolution authorizing the Interim Executive Director to submit an application to the Environmental Protection Agency for a Brownfields cleanup Grant Program for the Alameda Landing residential project. Leslie A. Little Economic Development Director Approved as to funds and account, Glenda D. Jay Interim Finance Director Attachments. 1. Map of Proposed Parcels for Rernediation A l�L Al 1 M L a A-1 41 Af 4 10 A PHASE 1 vgz- 5431 lHlitll, -j L a -g- V co PHASE 0 --J --j h 44 u sr- 1 Lul A In 1 0 as N jf 0 Z q r F �%R ma y �a Ax- If as Ut i 1 d A n 0. u a 'i 1 tv k k S_ fulil" r- Wiwi r JE "A iz u a RX IIAN z 3 A a P 2�1 WILVER Ja A d� S z�a csx MUD" �N g ri r U":LJ4wjTlj J" I j hs.-s Awl ALAMEDA LANDING RESIDENTIAL DEVELOPMENT PHASING ccicic ALAN E DA, CALIFORNIA Attachment to NORTH SEPTEMBER 21 2009 A item #2wC 10-6-09 CITY OF ALAMEDA COMMUNITY IMPROVEMENT COMMISSION RESOLUTION NO. AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR TO SUBMIT AN APPLICATION TO THE ENVIRONMENTAL PROTECTION AGENCY FOR A BROWNFIELDS CLEANUP GRANT PROGRAM FOR THE ALAMEDA LANDING RESIDENTIAL PROJECT 0 U. WHEREAS in December 2000 the C 0 ommunity Improvement commission 0 i 0 entered into a Disposition and Development Agreement with Palrntree Acquisition cc U Corporation for redevelopment of the former Fleet Industrial Supply center; and L WHEREAS the redevelopment project 0. p p ct, known as Alameda Landing, will consist of 400,000 square feet of office, 300,000 square feet of retail, up to 300 residential units, and a 10 -acre waterfront park; and WHEREAS, the Navy has conducted environmental rernediation for removal of various contaminants, rendering the property suitable for commercial use, but removal of additional contaminated soils is required for residential use; and WH EREAS, the American Recovery and Reinvestment Act, which was enacted into law in February 2009, provides both formula grants and competitive grants for a wide variety of programs; and WHEREAS, the Environmental Protection Agency has issued a Notice of Funding Availability for Brownfields Cleanup Grants under the federal American Recovery and Reinvestment Act; and WHEREAS, the Alameda Landing residential project meets the granting criteria of the Environmental Protection Agency's Brownfields cleanup grant. NOW, THEREFORE, BE IT RESOLVED, 'that the Community Improvement Commission of the city of Alameda authorizes the Interim Executive Director to submit an application to the Environmental Protection Agency for a Brownfields Cleanup Grant program for the Alameda Landing Residential project. Resolution #2 -c it cc cic Mtg 10-06-09 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 6th day of October, 2009, by the following vote to grit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said Commission this 7th day of October, 2009. Lara Weisiger, Secretary Community Improvement Commission Beverly Johnson, chair Community Improvement Commission WHEREAS, the residents of Alameda place high value on local control over community services and have chosen to operate a community owned, locally controlled, not- for profit electric utility for over 122 years; and WHEREAS, as consumers and owners of the electric utility, residents have a direct say in utility operations and policies; and WHEREAS, Alamed Municipal Poor the Gr e enest Little U tilit y in America, p y provides Alarx14aS `harries` `businesses social service and local p overnm n e t agencies... with reliable clean effl i n g e t, and cost effective ect cat ens l Y, o n sound busine ;,raciees_ des ned to ensure the y g.. p g best' ossibe serve a nod -for- soft ra e5� and p p S, WHEREA Al ame a M 6i al Power is a v able co rnmun it asset that p Y contributes stbstantlly to the well`- bengof local residents through exceptional. re iabi ity, energy efficiency, �uslomer service, environmental protection, economic development, and safety awareness; and WHEREAS, Alame Munic ..i Power is a de endable `a trustwor local p p Y institution that rovides m p rotections r otections, makes the p commmunity abetter= pace in vt�hic� to live and work, and contributes to protect the global environment; and WHEREAS, Alameda Municipal Power will. e�ntlnue o work to brin l ower -cost p g safe, reliable, clean electricity and other services to community homes and businesses just as it has since 1857, the year when the utility was created to serve all the residents of Alameda. NOW 7WEREFORE, BE Ir RESOLVED, that 1, Beverly J. Johnson, Mayor of the City of Alameda, do hereby proclaim that the Alameda community joins hands with more than 2,000 other public power systems in the United States in celebrating the benefits provided by municipal utility service and in recognition that public power is good for consumers, business, the community, and the nation, and BE .IT FUR7WERRESOLVED, that the community honors and thanks Alameda Municipal Power for its contributions to Alameda's unique quality of life. eve Jo son City Council Mayor Agenda Item #3 -A 10 -6 -09 NOW, TWEIREF07 BE Ir "RESOLVED., that I, Beverly J. Johnson, Mayor of the City of Alameda, do hereby proclaim the month of October 2009, as D 4ai)-(1Wy A warevizs� M ova in the City of Alameda and urge all residents to join me in commemorating this occasion. city Council 1 s AgendEi item #3 a 1® -6 -09 -!Froclamation W R£I�£A$, the month of October has been designated National Disability Awareness Month; and WHE"REAS, Disability Awareness Month was first recognized on August 11, 1945, by a joint resolution of the United States Congress as the National Employment of the Physically Handicapped Week; and W Y E?Q EA S, Disability Awareness Month was supported with the signing of the Americans with Disabilities Act of 1;990 (ADA) by President George H.W. Bush; and WYEIZEAS disability is a natural part of the human experience and in no way diminishes the right of individuals with disabilities to live independently, enjoy self- determination, make choices, contribute to society, and participate in the economic, _:political, social, cultural, and educational mainstream of American society; and W Disability Awareness Month highlights the progress the City of Alameda has made in improving 'employment opportunities, government services, public accommodations; transportation, and telecommunications for those with disabilities; and' WHE Disability Awareness Month also recognizes that there is still work to be done to remove barriers, whether physical or social, that unreasonably prevent the full participation of Americans with disabilities; and W Y EIR EA S the City Council established the first committee to provide an enhanced public forum to address local disability issues in 1974; and WHE"REAS the Alameda Municipal Code was amended in 2004 to establish the Commission on Disability Issues. NOW, TWEIREF07 BE Ir "RESOLVED., that I, Beverly J. Johnson, Mayor of the City of Alameda, do hereby proclaim the month of October 2009, as D 4ai)-(1Wy A warevizs� M ova in the City of Alameda and urge all residents to join me in commemorating this occasion. city Council 1 s AgendEi item #3 a 1® -6 -09 UNAPPROVED MINUTES OF THE REGULAR CITY COUNCIL MEETIN TUESDAY- SEPTEMBER 15, 2009- -7:30 P.. M. Mayor Johnson convened the regular meeting at 7 :52 p.m. Councilmember Gilmore led the Pledge of Allegiance. ROLL CALL Present: Councilmembers deHaan, Gilmore, Matarrese, Tam, and Mayor Johnson 5. .Absent: None. AGENDA CHANGES 09- Mayor Johnson announced that the Resolutions of Appointment [paragraph no. 09- would be addressed firs REGULAR AGENDA ITEMS 09- Resolution No. 14384 "Appointing Robert McKean as a Member of the Economic Development Commission." Adopted; 09- A Resolution No. 14385 "Appointing Bruce C. Reeves as a Member of the Economic Development Commission." Adopted., and 09- B Resolution No. 14386 "Appointing Mathew D. Hoffman as a Member of the Historic Advisory Board." Adopted. Councilmember Matarrese moved adoption of the resolutions. Vice Mayor deHaan seconded the motion, which carried by unanimous voice Note 5. The City Clerk administered the oath of Office and presented certificates of appointment to Mr. McKean, Mr. Reeves, and Mr. Hoffman. PROCLAMATIONS, S PEC IAL ORDERS OF THE DAY AND ANNOUNCEMENTS 09- Presentation on the Fiscal. Year 2008 -2009 Fagade Assistance Program. The Economic Development Director gave a brief presentation. Mayor Johnson inquired what percentage of funding conies from private sources, to which the Economic Development Director responded the percentage varies and depends upon the situation. 09- Presentation by East Bay Regional. Park District (EBRPD) on Measure WW. Regular Meeting Z Alameda City Council September 15, 2009 Doug Siden, EBRPD Board of Directors; Dave Collins, EBRPD Assistant General Manager Finance and Administration; and Jeff Rasmussen, EBRPD Grants Manager, gave a brief presentation. Mayor Johnson inquired whether or not Mr. Collins could say whether the Boys Girls Club would be eligible for Measure WW funding] Mr. Collins responded the City using a non- profit for a project would not violate the terms of Measure WW funding. Mayor Johnson inquired whether or not Mr. Collins could say whether the proj ect would be approved. Mr. Collins responded that he cannot say because a full application has not been submitted and California Environmental Quality Act (CEQA) requirements have not been addressed; stated EBRPD is not in a position to accept applications at this point, applications are accepted in February and March of each year; $29 million of the $33 million in applications received this year were accepted. Mayor Johnson inquired whether Mr. Collins would know [whether or not the project would be approved] by the end of May, to which Mr. Collins responded in the affirmative. Councilmember Gilmore inquired whether an application for a joint project with the City would fall within the universe of approved applications. Mr. Rasmussen responded in the affirmative; stated EBRPD would not have a relationship with the City's agent. Councilmember Gilmore inquired whether the project would not be automatically excluded if the City Contracts with a non- profit, to which Mr. Rasmussen responded in the affirmative. Councilmember Tam stated the City would submit an application on behalf of the Boys &.Girls Club; inquired whether the application would not be in violation of Measure ww terms; further inquired whether the application would have no guarantee of approval next year but wou €d be eligible for submittal. Mr. Rasmussen responded the project needs to be consistent with Measure WW; stated a formal decision has not been made on the Boys Giros Club project but it seems to be consistent with the guidelines. Mr. Collins stated the proposal, as heard, appears to be Consistent with Measure WW; a legally binding contract could not be provided until completion of a full review next year. Regular Meeting 2 Alameda City Council September 15, 2009 Mr. Rasmussen stated the number one question asked right now from other cities is whether projects are consistent with Measure WW. Mayor Johnson stated knowing ghat can and cannot be done is important; that she has heard that there is more certainty about the project funding. Nice Mayor deHaan inquired whether the City would have to control and manage the project. Mr. Rasmussen responded control and management would be the City's fiduciary responsibility. Mr. Collins stated EBRPD would enter_ ._n.to a contract with the City and would look to the City to provide assurances that the project would be properly constructed. Nice Mayor deHaan inquired whether EBRPD would require the City to manage the project. Mr. Collins responded EBRPD would require the City to be the project administrator; stated EBRPD would be satisfied if the City elected to retain an agent to fulfi -1 the requirements. Nice Mayor deHaan inquired whether the City would be required to Comply with requirements imposed on projects that received public money, to which Mr. Collins responded in the affirmative. Mayor Johnson inquired whether the facility would have operating requirements. Mr. Rasmussen responded the facility would need to be available for public use:; stated school use after school hours would not be allowed. Mayor Johnson requested an explanation of school use. Mr. Rasmussen stated the facility would need to be available to the public after 3:30 p.m. on week days and all day on Saturdays. Mayor Johnson inquired whether the City would have on -going obligations. Mr. Rasmussen responded that he assumes operation would be turned over to the Boys Girls Club; stated EBRPD would have to review operation details. Mr. Collins stated the bond is for a twenty -five year period; the City would be obligated to ensure public use during the twenty -five year period; the City would have to have an agreement with the Boys Regular Meeting 3 Alameda City Council September 15, 2009 Girls Club for continued oversight. Councilmember Matarrese inquired whether EBRPD has had any applications or projects where money was provided to a private entity through EBRPD, a City, or special park district; further inquired whether $2 million in Measure ww funds would require $2 million in public equity. Mr. Collins responded Measure ww is very similar to Measure AA; stated. if $4 million comes from one source and $2 million comes from Measure WW< one third of the use would have to be public use; funds would have a private business use restriction; EBRPD has not provided funds to private entities because of potentially violating the tax exempt nature of the bonds. CounCilmember Matarrese questioned whether anything similar to what is being proposed was ever done in all the years of Measure AA. Mr. Collins noted non profits are not private entities. Councilmember Matarrese -inquired whether EBRPD has any experience with having an entity other than a public entity listed on the deed, to which Mr. Collins responded that he would need to check. The Interim City Manager stated everyone is struggling with whether or not the project meets the IRS rule for private activity bonds; the test is two fold: 1) who owns the asset, and 2 the amount of use; bond counsel's opinion is vital. Councilmember Tam inquired whether a Joint use Agreement would meet Lhe criteria. Mr. Collins responded in the affirmative; stated EBRPD is modeled after the State Grant Program. Mayor Johnson inquired how the final determination [for approval] is made, to which Mr. Collins responded the [EBRPD] Board appropriates funding based on confirmation of completed applications. Vice Mayor deHaan inquired whether Measure ww requires that a project be completed. Mr. Rasmussen responded scoping the project has some flexibility; stated a project needs to build something of a capital nature. Councilmember Gilmore inquired when bond counsel's opinion would be received, to which Mr. Collins responded a few days to a week. Mayor Johnson called the public speakers. Regular Meeting 4 Alameda City Council September 15, 2009 Proponents In support of using funds for Bogs Girls Club) Karen Bay, Alameda. Opponents Not in support of using funds for Boys Girls Club): Mike Cooper, Recreation and Park Commission; Jean Sweeney, Alameda (submitted document); former Councilmember Barbara Kerr, Alameda; Helena Lankel, Alameda; Rebecca Redfield, Alameda; Gretchen Lipow, Alameda; Debra Arbuckel, Alameda; Red Wetherill, Alameda; and Rosemary McNally, Alameda. Vice Mayor deHaan requested clarification on private versus non- profit organizations. The Interim City Manager responded. the IRS code has specific definitions; stated IRS regulations for private activity bonds is very grey. Vice Mayor deHaan inquired whether other [non- profit] organizations have asked for funding, to which the Interim City Manager responded the Miracle League has raised the issue. Vice Mayor deHaan inquired whether the Beltlin.e property, Estuary Park, and northern waterfront were discussed. The Recreation and Park Director responded Estuary Park and the Beltline property are on the Recreation and Park Commission November 2008 list. Mayor Johnson inquired whether other non-profits were considered, to which the Recreation and Park Director responded none were considered at that time. CONSENT CALENDAR Mayor Johnson announced that the Quarterly Sales Tax Report [paragraph no. 09- was removed from the Consent calendar for discussion. Vice Mayor deHaan moved approval of the remainder of the consent Calendar. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number. *09- Minutes of the Regular city Council Meeting held on September 1, 2009. Approved. *09- Ratified bills in the amount of $9,772,654.72. Regular Meeting 5 Alameda City Council September 15, 2009 09- Recommendation to Accept the Quarterly Sales Tax Report for the Period Ending March 31, 2009. Vice Mayor deHaan stated Alameda and Albany are the only two Alameda County cities that have positive sales tax growth; sales tax increased for the business -to- business segment; the automobile segment has lost major sales tax revenue; other areas have stabilized. Vice Mayor deHaan moved approval of the staff recommendation. Councilmember Tam seconded the motion.. Under discussion, Counci lmember Tam stated every area, with the exception of Harbor Bay Business Park, lost sales tax revenue; the north of Lincoln Avenue area had a -62.2% change because of the auto dealership loss; Alameda is ranked next to last [in sales tax revenue] in Alameda County cities. Mayor Johnson stated there is a lot of room for improvement. On the call for the question, the motion carried by unanimous voice vote 5. k09- Recommendation to Accept the Alameda Fleet Industrial Supply Center /East Housing Residential Phase II Infrastructure Improvements for Interim. Emergency and Vehicle Access to the Storm Water Treatment Pump Station and for the Storm Drain Outfall Project and Authorize the City Clerk to Record Notices of Completion for the Imps ovement s Accepted. *09- Recommendation to Adopt Specifications and Provisions for Tow Contract for Vehicles Identified as Abandoned by the Police Department' Accepted. *09- Recommendation to Adopt Plans and Specifications and Authorize Call for Bids After Receipt of the State Dater Resources Control. Board Approval Letter for the Installation of Mechanical Trash Racks at Stormwater Pump Stations, No. P.W. 0 8 0 9--- -2 3 Accepted. *09-- j Recommendation to Adopt Plans and Specifications and Authorize Call for Bids After Receipt of the State Water Resources Control Board Approval Letter for the Rehabilitation of the Structural Stability of Approximately 3,000 Linear Feet of the Southshore Lagoon Seawalls Adjacent to City Streets, No. P.W. 08- 09-24. Accepted. 09- Recommendation to Award a Contract in the Amount of Regular Meeting 6 Alameda City Council September 15, 2009 $221, 136, to J.J. R Construction, Inc. for Repair of Portland Cement Concrete Sidewalk, Curb, Gutter, Driveway, and Minor Street Patching, Fiscal Year 2009 -2010, Phase 10, No. P.W. 06- 09--15. Accepted. *09- Recommendation to Accept the Work of Golden Bay Construction, Inc. for Repair of Portland Cement Concrete Sidewalk, Curb, Gutter, Driveway, and Minor Street Patching, Fiscal Year 2008.2009, Phase 9, No. P.W. 05-08-13. Accepted. *09- Recommendation to Adopt a Revised Proposition 1B Local Streets and Roads Funding Proposal for Fiscal Year 2008 -2009 to the State Department of Finance, and Appropriate $425,000 in Proposition 1B and 5 4 0 0 0 in Sewer Funds for Additional Work Under the Pavement Management Program, Phase 29, and Authorize the Interim City Manager to Execute All Necessary Documents. Accepted. *09- Introduction of ordinance Amending the Alameda Municipal Code by Adding Section 59 at Article Iv to Chapter II Pertaining to Contracts in Writ ing. Introduced. *09- ordinance No. 3000 "Am.ending ordinance No. 1277, N.S. to Rezone Approximately .23 Acres Located at 3236 and 3238 Briggs Avenue, APN 069 007 604 601, From R-4, Neighborhood Residential Zoning District, to R-4, PD Neighborhood Residential Planning Development District Zoning Designation."' Finally passed.. CITY MANAGER COMMUNICATIONS 09- Telephone Contract Update. Continued. 09- Council Referral Policy. Addressed under Boy's Girls Club. The Interim City Manager addressed the Council Referral Policy as part of the Boys Girls Club Request for Funding discussion. [paragraph no. 09- 09- Boys Girls Club Request for Funding. The Interim City Manager provided a handout and gave a brief presentati -on Nice Mayor deHaan inquired whether firm bids have been received. Rich Sherrat, Boys Girls Club, responded Nibby Construction submitted a firm bid. Vice Mayor deHaan inquired hoer $700,000 in annual operating funds is generated. Mr. Sherrat responded funds are generated through fundraising, Regular Meeting 7 Alameda City Council September 15, 2009 grants, general sponsorships, the annual auction, and a variety of other means. In response to Nice Mayor deHaan further .inquiry, Mr. Sherrat stated California State University East Bay has dedicated interns to work at the facility; in -kind work significantly reduces operation costs. Mayor Johnson inquired how much is raised for operations annually, to which Mr. Sherrat responded approximately $500,000. Mayor Johnson inquired whether $8,198,867 is the construction Cost, to which Mr. Sherrat responded in the affirmative. Mayor Johnson inquired how the facility would be available to the public. Mr. Sherrat responded the Boys Girls Club has always participated in joint programs; stated the School District would have the option to use the facility; the facility would be a community facility. Mayor Johnson inquired whether adult leagues would have access to the facility, to which Mr. Sherrat responded absolutely. Mayor Johnson inquired whether the public would not have any restrictions after 3:30 p.m. Mr. Sherrat responded adults Could not just walk in and start playing; stated everyone has to be screened by the Police Department; adult basketball would be available in the evenings when children are not at the facility; the facility would provide a health clinic; structured programs would be available to the general public; no child would be turned away. George Phillips, Boys Girls Club, stated all programs, including the Recreation and Park programs, are age restricted; the facility would not be like a park that someone could walk through. Councilmember Tam stated there could be some duplication between the Boys G r1 s Club and Recreation and Park Department; inquired whether the facility would be an expansion of capacity for the City and would fill a gap. Mr. Sherrat responded the Boys Girls Club is the only program available for children in the evening; stated very few programs are offered to teenagers or middle school aged children; many programs are outsourced, such as tumbling and karate; a Tiny Tot program could be done at the facility. Councilmember Gilmore stated the Recreation and Park Department has Regular Meeting S Alameda City Council September 15, 2009 wonderful programs that require fees; inquired whether the Boys Girls Club programs are fee based. Mr. Sherrat responded 990 of the programs are part covered under operational expenses; stated scholarship opportunities are available for those who cannot afford to pay a fee; the membership fee is $20 per year. Nice Mayor deHaan inquired whether Chipman Middle School has a gym, to which Mr. Sherrat responded the school has a multi- purpose room. Vice Mayor deHaan inquired whether the Boys Girls Club has satellite facilities. Mr. Sherrat responded in the affirmative; stated field trips are also provided. Mayor Johnson called the public speakers. Proponents In support of using funds for Boys Girls Club): George Phillips, Boys Girls Club; Duke Campbell.., Alameda; and Judge Robert McGuiness, .Alameda. Opponents Not in support of using funds for Boys Girls Club) Jo Kahuanui, Recreation and Park Commission; Dorothy Freeman, Alameda; Joseph Woodard, Alameda; Jean Sweeney, Alameda; Rebecca Redfield, Estuary Park Action Committee; former Councilmember Barbara Kerr, Alameda; Helena Lenkel, Alameda; Roberta Rockwell, Alameda; Debra Arbuckle, Alameda. Neutral. Michael John Torrey, Alameda. Following Mr. Phillips comments, Nice Mayor deHaan inquired about the funding timeline. Mr. Sherrat responded the funding requires that the shovel be in the ground by the end of the year; that he does not want to go back and ask for an extension again; the designated build -ing fund is restricted; the Boys Girls Club has interim financing to bridge the gap; Measure WW funds would not need to be drawn upon until May. Vice Mayor deHaan inquired ghat would happen if funding does not materialize. Mr. Sherrat responded the project would not go forward unless Council commits to supporting the application. Vice Mayor deHaan inquired whether the Boys Girls Club has a fall back position. Regu.ar Meeting 9 Alameda City Council September 15, 2009 Mr. Sherrat responded the Boys Girls Club would only move forward with a commitment from the City. Vice Mayor deHaan inquired what would happen if less than a $2 million comm itment is made. Mr. Sherrat responded most likely, the Boys Girls Club would not be able to move forward. Mayor Johnson inquired whether money could be taken from the Boys Girls Club] endowment. Mr. Sherrat responded having funds available for orgy- -going operations is critical. Vice Mayor deHaan stated losing 65% in [Measure WW] funding in one shot is concerning; projects would have to be funded by a different source such as the General Fund, which is in a weak position. Mr. Sherrat questioned whether resurfacing the Washington Park tennis courts would cost $350,000; stated the Harbor Bay tennis courts were resurfaced for $17,000 and $20,000; the Woodstock Park Recreation Center renovation project would not need to be done if the new [Bays Girls Club] facility is available. Nice Mayor deHaan stated the list needs to be revisited; the model in place for the past fifteen years has been fee -type recreation. Mr. Sherrat stated Little League, the soccer program, and Alameda Youth Basketball are run by non profits on City facilities. Following Mr. woodward's comments, the Interim City Manager stated the City would have no obligation to float the cash; the Boys Girls Club would bear the risk if the $2 million is not approved; the application has a good chance of success. After the public comment, the Interim City Manager Stated with respect to the Council Referral policy, standard operation has been that a vote of thr ee Councilmembers refers the item to staff; however, the original policy included that Council has an opportunity to take an action on a Council Referral; unfortunately, the Boys Girls Club item went through the referral process under the old process, so staff will come forward with an action item to amend the priority list on October 6 as long as EBRPD bond counsel's opinion about eligibility under the tax exempt status is received. Mayor Johnson inquired who would own the property, to which the Interim City Manager responded the non profit. Regular Meeting 10 Alameda City Council September 15. 2009 Councilmember Matarrese stated programs are not the issue; the policy question is how to use money generated by a tax assessment; the exact wording of the ballot measure should be included as an attachment on October 6 taking money array from one of the projects recommended by the Recreation and Park Commission would result in projects not getting done; $500, 000 allocated for the Woodstock Recreation =Center renovation could be used for the Boys Girls Club project if the City would have the same access in perpetuity; the Alameda Point gym belongs to the Navy and project funds should be generated from lease revenues; the IRS tax issue may make the proposed project moot. Co uncilmember Tarn stated the Recreation and Park Commission discussed eleven projects; that she would like to have a matrix noting whether projects are shovel ready and whether money would be taken from a project; the City has funding to acquire the Be/tline Property; questioned whether the project is .shovel ready; stated that she is trying to understand hoer Measure WW funds are applied to projects. Mayor Johnson inquired ghat is the life of Measure WW, to which Mr. Rasmussen responded spending the money would need to be spent in ten years. Vice Mayor deHaan inquired how much money the City has provided for the Boys Girls Club, to which the Interim City Manager responded approximately $220,000 for design. The Economic Development Director stated approximately $230,000 f or construction would come from the Community Development Block Grant program this fall. Vice Mayor deHaan inquired whether EBRPD would provide information about whether similar projects have been done in the past, to which Mr. Collins responded in the affirmative. Nice Mayor deHaan inquired the question about the life of the agreement and reverting back to the Boys Girls Club after thirty years needed.to be be addressed on October 6. Councilrnember Gilmore responded that she asked about public access being required for twenty -five years; stated that her question is whether programs with age restrictions are still constituted as public. Mayor Johnson stated that she would like more information on the operating budget; perhaps the agreement could be structured to have a portion of the gym belong to the City; the Alameda Point gym is an asset that the City should keep. Regular Meeting Alameda City Council September 15, 2009 Councilmember Gilmore stated that she been defined as to who could apply for profits were informed and whether Commission meetings were publicized; established; that she does not want to [for requesting funds I does not feel a process has funds; inquired whether non the Recreation and Park stated a process needs to be punish the Boys Girls club The Recreation and Park Director .responded staff keeps a list of projects; input is received from the community and sports .leagues; the Recreation and Park commission reviews and ranks the list which is then forwarded to council for final approval; non-profits were not specifically recruited. Counci /member Matarrese stated the same process was followed for years under Measure AA. Vice Mayor deHaan inquired when was the last Measure AA draw, to which the Recreation and Park Director responded four to five years ago. Vice Mayor deHaan stated the Alameda Point gym is unique, having improvements paid by the developer would be nice. The Recrea.t..on and Park Director stated money generated from fees has been put into improvements. Nice Mayor deHaan inquired whether or not the indoor pool would be opened again, to which the Recreation and Park Director responded rehabilitation costs would be more than the cost of a new facility. Nice Mayor deHaan stated the city has made a commitment to the Miracle League; that he would like to have the Miracle League included in the discussion. Mayor Johnson stated the list needs to be reviewed; a price needs to be placed on the projects; parks cannot be let go; the Boys Girls club project is not the type of project that voters had in mind when voting on Measure WW; a .long -term impact could be that future EBRPD bond measures might be a hard sell. Councilm.embe.r Matarrese stated the Measure AA process needs to be evaluated because Measure AA delivered ghat was expected. Mayor Johnson recessed the meeting at 10:50 p.m. and reconvened the.regular meeting at 11:20 p.m. REGULAR AGENDA ITEMS Regular Meeting 12 Alameda City Council September 15, 2009 09- Public Hearing to Consider Introduction of ordinance Amending the Alameda Municipal Code by Amending Subsection 30 -5.14 Barriers and Fences) of Article I Zoning Districts and Regulations) of Chapter xxx (Development Regulations) by Adding Subsection 30 -5.14 (e) to Require Administrative use Permits in Non-- -Resident -al Districts for Temporary or Permanent Barriers or Fences Within a Required. Setback or Along a Property Line that Faces a Public Street or a Public Access Easement. Applicant: City of Alameda. Continued. 09- Public Hearing to Consider Introduction of Ordinances Amending Ordinance No. 1277, N.S. to Rezone Approximately: 4.7 Acres Located at 1 Singleton Avenue, APN 074- 0905 010 -01, from M -2- PD, General Industrial (Manufacturing) Planned Development District, to R- 4-PD, Neighborhood Residential Planned Development District Zoning Designation; 5 Acres Located at 2189 and 2201 Clement Avenue, APNs 071 0289--007 -03 and 074 -0289- 004 -00, from M-2, General Development Residence District, to R- 2-PD, Two Family Planned Development District Zoning Designation; 4.14 Acres Located at 2015/2025 Grand Street, APN 072 -0381- 002 -00 and 072- 0381 001 -00, from M-2, General Industrial (Manufacturing) District to R-4-PD, Neighborhood Residential Planned Development District; 2.78 Acres Located at 2100 Clement Avenue/1924 Willow Street, APN 071--0228 001 -02 from M-1, Intermediate Industrial (Manufacturing) District to R -2 -PD, Two Family Residence Planned. Development District Zoning Regulation; 1.9 Acres Located at 1913 Sherman Street, APN 074 -0906- 031-08, from M -1 -PD, Intermediate Industrial. (Manufacturing) Planned Development District to R -2 -PD, Two Family Residence Planned Development District Zoning Designation; 2.1 Acres 1590//616 F❑rtmann Way, APN 072 0381 018 -00, from M -2, General Industrial (Manufacturing) District to R- 4--PD, Neighborhood Residential Planned Development District Zoning Designation to Bring Zoning Designations for Six Properties into Conformance with the General. Plan and Housing Element. Applicant: City of Alameda. The Planning Services Manager gave a brief presentation. Mayor Johnson opened the public portion of the hearing. Speakers Tom Dailey, owner of 1913 Sherman Street, former Councilmember Barbara Kerr, Alameda. There being no further speakers, Mayor Johnson closed the public portion of the hearing. Follow-Ing Mr. Dailey's comments, the Planning Services Manager stated the self storage use at 1913 Sherman Street would be considered a legal, non conforming use as long as the property is not vacant for more than a year and not more than 75% is destroyed_ Regular Meeting 13 Alameda City Counc i 1 September 15, 2009 in the event of a fire or act of nature. In response to Mr. Dailey' s inquiry, the city Attorney stated the Planning Services Manager's explanation is correct. Following former Councilmember Kerr' s comments, Mayor Johnson inquired whether staff is in agreement that the Beltline Property outline is incorrect and that the Sherman Street entrance was decided by the Northern Waterfront Specific Plan Committee. The Planning Services Manager responded in the affirmative; stated the map would be corrected for the second reading of the ordinance. Nice Mayor deHaan moved introduction of the ordinances. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote S. 09- Reco =endation to Accept the Report of the Economic Development Commission's Business Retention Subcommittee. Continued. 09- Recommendation to Accept the Estuary crossing Feasibility Study. The Public Works Director gave a brief presentation. John Eddy, Arup Americas Inc., gave a Pager Point presentation. Councilmember Tam inquired whether any thought has been given to re- working the ferry system with the Water Emergency Transit Authority (ETA) rather than building a whole new system, to which the Public Works Director responded WETA was not interested. Mr. Eddy stated re-working the system would not be cheap; WETA boats and facilities move people on and off the ferry differently; facilities would need to be modified in order to use a water taxi Service. Councilmember Tam stated a, fifteen minute headway would have a cost; the ferry system increased frequency and reduced headway to almost half an hour when BART was on strike and the Bay Bridge was closed; inquired whether costs were significant. Mr. Eddy responded some boats were redeployed or borrowed; stated Alameda and Oakland would bear the incremental costs of adding a stop while maintaining the same level of service at other locations; costs would be significant. Nice Mayor deHaan inquired whether the Posey Tube modification Regular Meeting 14 Alameda City Council September 15, 2009 option would have a good funding stream. Mr. Eddy responded possibly; stated there is a process for modifying a CalTrans facility. Nice Mayor deHaan stated the Posey tube modification would need to be done regardless. The Public Works Director stated CalTrans sat on the policy advisory committee; the first step would be to get concurrence from CalTrans that the project is important; the next step would be to pursue funding. Vice Mayor deHaan inquired whether staff considered having one -gray pedestrian and bike access in the Webster Street Tube. The supervising Civil Engineer responded there would be issues with the Oakland end connectivity. Vice Mayor deHaan stated the alternative is one of the cheapest. The Supervising Civil Engineer stated the public did not support the idea. Councilmember Matarrese stated the study's value is in seeing what items cost; that he is impressed with the graphics of the removable bridge; more people are utilizing bike racks on buses; additional bike racks could be a cheap solution and would be less expensive than a grater taxi; the issue is a reality check more than anything else and forces everyone to look at something more practical. Councilmember Tam moved approval of the staff reconrrendation Councilmember Matarrese seconded the motion, which carried by unanimous voice vote S. ORAL COMMUNICATIONS, NON AGENDA None. COUNCIL REFERRALS None. COUNCIL COMMUNICATIONS 09- Consideration of Mayor's nomination for appointment to the Housing Co=i s s ion Mayor Johnson nominated Cullen Jones for appointment to the Housing Regular Fleeting 15 Alameda City Council September 15, 2009 Commission. ADJOURNMENT There being no f uL her business,. MEiYOz Johnson adjourned the meeting at 11:49 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting 16 Alameda City Council September 15. 2009 CITY F ALAMEDA Memorandum To: honorable Mayor and Members of the City Council From: Lisa Goldman Deputy City Manager Date: October 1, 2009 Re. List of Warrants for Ratification This is to certify that the claims listed on the attached check register and shown below have been approved by the proper officials and, in my opinion, represent fair and just charges against the City in accordance with their respective amounts as indicated thereon. Check Numbers Amount 222780 223229 $2,458,051.40 EFT 735 $124,982.43 EFT 737 $29,610-52 EFT 738 $3;340.51 EFT 739 $28,554.25 EFT 740 $11 EFT 741 $19,993-50 EFT 742 $44,030.00 EFT 743 $222,292.81 EFT 744 $1 O,218.06 Void Checks: 222570 ($2,864.16) 222577 ($130-00) 201268 ($3Q5.49) 216487 ($1 0,095.00) 222504 ($853.74) 221874 ($535.00) 223014 ($1,022.24) 222342 ($495.89) GRAND TOTAL $2,935, 123-46 Respectfully submitted, Deputy City Manager BILLS #4 -B Council Warrants 10/05109 0/8/2009 CITY OF ALAM E DA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: October 0, 2009 Re: Authorize the Purchase of Four Marked Ford Crown Victoria Police Vehicles Through the Los Angeles County Vehicle Bid Contract at a Cost Not to Exceed $100,000.00 BACKGROUND The Public Works Department is responsible for the Managed Vehicle and Equipment (fleet) Replacement Program. On May 2, 2000, the City council adopted Resolution 13951 establishing guiding principles for the management of the City's fleet vehicles and equipment. The replacement program is based on the city's fleet replacement criteria, which consider the useful life of vehicles and equipment in terms. of age, mileage (or hours), and usage. Vehicles and equipment scheduled for replacement are also reviewed and analyzed for safety history and operating performance to determine if it is appropriate to replace a vehicle or piece of equipment at a .later date. In addition, vehicles and equipment are viewed to determine. if the minimum use guidelines have been met. As required by the Managed Replacement Program, the Public Works Department has determined that four marked Police vehicles are in critical condition and must be replaced. DISCUSSION In Fiscal Year 200' -03, the City Council authorized the purchase of three Dodge Charger marked police vehicles. This particular make and model was a departure from the traditional Ford Crown victoria Police Interceptor, which had been the Police Department's marked police vehicle of choice for nearly two decades. The Dodge Charger was selected to replace the Crown Victoria with the expectation that it would reduce fuel consumption and lower emissions. Actual experience with the Dodge Charger model has not been satisfactory, as incidents of warranty repairs have occurred with greater frequency when compared to the Ford Crown 'Victoria. Additionally, there are issues associated with emergency equipment installation and functionality that are not present with the Ford. Lastly, there are visibility and ergonomic drawbacks inherent with the Dodge Charger's design, making it more difficult for the police officer to drive on a daily basis. It is for these City Council Agenda Item #4-C Honorable Mayor and October 6, 2009 Members of the City Council Page 2 of 2 reasons that the Police Department has recommended a return to the Ford Crown Victoria for its marked patrol fleet. The Police Department's Fiscal Year 2009 -10 budget includes the replacement of four police vehicles at a cost not to exceed $1 00,000. The Police Department has identified a vendor in southern California that has vehicles in stock ready for immediate delivery. This vendor has been awarded the Los Angeles County vehicle Purchase Contract. The replaced vehicles will be removed from the fleet inventory and sold at auction. Revenues raised will be deposited in the fleet replacement fund in accordance with Resolution No. 13951. GREEN FLEET POLICY City staff is in the process of retaining a consultant to assist with securing grants and converting the City's fleet to alternative fuel vehicles. This project will take approximately 12 months to implement. Even with the conversion of the City's fleet to alternative fuel vehicles, however, the city will need to retain some gas powered vehicles for longer trips and emergency situations. Given the critical need to replace the four police cruisers now, staff recommends purchasing these gas-powered vehicles while moving forward with the alternative fuel vehicles strategy. FINANCIAL IMPACT The cost for four vehicles, $98,10'.60, is included in the FY 2009-10 Equipment Replacement Fund 701. Whenever possible, existing safety equipment will be reused. RECOM Authorize the purchase of four marked Ford Crown Victoria police vehicles through the Los Angeles County Vehicle Bid Contract at a cost not to exceed $100,000.00. Respectfully submitted, Walter B. Tibbet Chief of Police Approved as to funds and account, i Glenda D. Jay Interim Finance Director CITY OF ALAMEDA Memorandum To: Honorable Ma and Members of the Cit Council From: Ann Marie Gallant Interim Cit Mana Date- October 6, 2009 Re: Adopt Plans and Specifications and Authorize a Call for Bids for the Alameda Harbor BaV Barge Replacement Project, No. P.W. 06-09-19 low The Cit landin bar at the Harbor Ba ferr terminal is nearin the end of its useful life and needs to be replaced. On Januar 30, 2009, the Cit entered into an a with Walther En Inc., (Walther) to prepare replacement bar +0 re includin bar technical specifications and bar outfittin re These re have been reviewed b the Water Emer Transportation Authorit WETA to ensure compatibilit with WETA-owned boats. DISCUSSION The proposed project will replace the existin bar with a used bar that has been modified to accommodate ferr operations. Since the replacement bar has the same footprint as the existin bar there is no need to relocate or drive piles. Bar replacement work will be sta to minimize disruption of the Alameda Harbor Ba Ferr operations, althou there is the possibilit that service ma be suspended for several da A cop of the plans and specifications is on file in the Cit Clerk's office. FINANCIAL IMPACT The funds for this project are bud in the Capital Improvement Pro Pro j ect No. 09-32), with $575,000 available from Re Measure 1-2% g rants and $75,000 from the Transportation Improvement Fund. There is no impact to the General Fund. MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE This action does not affect the Alameda Municipal Code. Cit Council A Item #4-D Honorable Ma and Members of the Cit Council October 6, 2009 Pa 2 of 2 ENVIRONMENTAL COMPLIANCE In accordance with the California Environmental Qualit Act (CEQA), this pro is Cate Exempt under the CEQA Guidelines Section 15301 c Existin Facilities. RECOMMENDATION Adopt plans and specifications and authorize a call for bids for the Alameda Harbor Ba bar replacement pro No. P.W. 08-09-25. Approved as to funds and account, 41. Glenda D. Ja Interim Finance Director ES:gc CITY OF ALA EDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: October 6, 2009 Re: Reject the Sole Bid and Adopt a Resolution Authorizing open Market Negotiations of a Contract Pursuant to Section 3 -16 of the Alameda City Charter for the Alameda Harbor Bay Channel Dredging Project, No. P.W. 06-09-14, and Authorizing the Interim City Manager to Enter into Such an Agreement Requires Four Affirmative votes BACKGROUND On July 21, 2009, the City Council authorized a call for bids for the Alameda Harbor Bay channel dredging project, No. P.W. 06- 09 -14. The project, which is fully funded by the Water Emergency Transportation Authority (WETA), provides for the dredging of two shallow areas near the entrance to the ferry terminal that currently restrict use of the WETA vessels during low tides. The unrestricted operation of WETA vessels is needed to maintain reliable Harbor Bay Ferry operations during the five months the City -owned Bay Breeze will be off -line for engine upgrades. The current dredging permit requires the work to be completed by November 30, 2009. The City is pursuing a two -week extension from the Dredge Materials Management office. DISCUSSION To solicit the maximum number of bids and the most competitive price, specifications were provided to 17 separate building exchanges throughout the Bay Area. A notice of bid was also published in the Alameda Journal. one contractor submitted a bid, and the bid was opened on September 26, 2009. The bid information is as follows: Kidder Location Bid Amount Dutra Dredging Company San Rafael, CA 1$955,369 The City's dredging project consultant, CLE Engineering, Inc,, estimated the dredging project to cost between $250,000 and $300,000. As the Dutra bid exceeds the WETA available budget and is more than $660,000 above the consultant's estimate, Public Works staff recommends that the City Council reject the bid and, in accordance with Section 3 -15 of the Alameda City Charter, authorize the open market negotiation of a construction contract for the Alameda Harbor Bay channel dredging project. City Council Agenda Item ##4 -E 1 1' Honorable Ma and Members of the Cit Council FINANCIAL IMPACT October 6, 2009 Pa 2 of 2 The fundin a between WETA and the Cit of Alameda includes the Alameda Harbor Ba channel dred pro as a task reimbursable b WETA for the actual costs. There is no impact on the General Fund associated with the pro MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE This action does not affect the Alameda Municipal Code. ENVIRONMENTAL REVIEW In accordance with the California Environmental Qualit Act {CEQA the dred pro is Cate Exempt under CEQA Guidelines Section 15304( Maintenance Dred Where the Spoils are Deposited in a Spoil Area Authorized b all Applicable State and Federal Re A and Sections 21083 and 21087 of the Public Resources Code. The Cit filed a Notice of Exemption with Alameda Count on Ma 2012009. RECOMMENDATION Reject the sole bid and adopt a resolution authorizin open market ne of a contract pursuant to section 3-15 of the Alameda. Cit Charter for the Alameda harbor ba channel dred pro No. P.W. 06-09-14, and authorizin the Interim Cit Mana to enter into such an a .(re four affirmative votes). Respec I.- submitted, Matthew T. Naclerio Public Works Director Approved as to funds and account, Glenda D. Ja Interim Finance Director ES:gc CITY OF ALAMEDA RESOLUTION NO. hm 0 LL 0 AUTHORIZING OPEN MARKET NEGOTIATIONS OF A CONTRACT PURSUANT TO SECTION 3 -15 OF THE ALAMEDA CITY CHARTER FOR THE ALAMEDA HARBOR BAY CHANNEL DREDGING PROJECT, NO. P.W. 06 -09- 14, AND AUTHORIZING THE INTERIM CITY MANAGER TO ENTER INTO SUCH AN AGREEMENT (REQUIRES FOUR AFFIRMATIVE VOTES) WHEREAS, on July 21, 2009, the city council authorized a call for bids for the Alameda Harbor Bay Channel Dredging Project, No. P.W. 00- 09 -14; and WHEREAS, on September 25, 2009, the bid was opened and exceeded the engineer's estimate of $300,000, and the available Water Emergency Transportation Authority (WETA) funding; and WHEREAS, dredging of the Harbor Bay channel is needed to remove operating restrictions for WETA owned vessels in the channel; and WHEREAS, the unrestricted operation of WETA vessels is needed maintain reliable Alameda Harbor Bay Ferry service during the five months the Bay Breeze will be off line for main engine upgrades; and, WHEREAS, an open market negotiation is needed to meet the project deadline; and WHEREAS, Section 3 -15 of the City charter provides that the City Council, by four affirmative votes, can authorize an open market negotiation if it determines that great necessity or emergency requires immediate action be taken. NOW, THEREFORE, BE IT RESOLVED by the city Council of the City of Alameda, pursuant to Section 3 -15 of the city charter, and by four affirmative votes, the Interim city Manager, in cooperation with the Public Works Department, is hereby authorized to enter into open negotiations of a construction contract for the Alameda Harbor Bay channel dredging project, No. P.W. 00- 09 -14, and hereby authorized to enter into such an agreement. Resolution #4 -E CC 10-06-09 I, the undersi hereb certif that the fore Resolution was dul and re adopted and passed b the Council of the Cit of Alameda in re meetin assembled on the 6th da of October 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 7th da of October 2009. Lara Weisi Cit Clerk Cit of Alameda CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: October 0, 2009 Re: Adopt a Resolution Authorizing the Interim City Manager or Designee to Negotiate and Execute a Financial Assistance Agreement from the State Water Resources Control Board and any Amendments or Change orders Thereto and Certify Financial Agreement Disbursements on Behalf of the City of Alameda for the Installation of Mechanical Trash Racks at Storm Water Pumr) Stations BACKROUND The State Water Resources Control Board (SWRCB) is in receipt of the City of Alameda's Resolution No. 1 4370 dated September 1, 2009, that delegates authority to the Interim City Manger to submit a Financial Assistance Application and comply with all applicable state and federal statutory and regulatory requirements related to any financing or financial assistance received from the SWRCB. SWRCB is requesting an additional resolution that delegates authority to the Interim City Manager or designee to negotiate and execute a Financial Assistance Agreement and any amendment or Changes orders thereto and certify financing agreement disbursements on the behalf of the City of Alameda. DISCUSSION Adoption of the resolution will allow the City to execute a financial assistance agreement with the SWRCB for the installation of the trash racks at Main Street and Webster Street storm drainage pump stations. FINANCIAL IMPACT The SWRCB grant is a no interest loan with the principle forgiven. There is no impact to the General Fund. City Council Report Fie: Agenda stern ##4 -F 10 -6mO9 Honorable Ma and October 6, 2009 Members of the Cit Council Pa 2 of 2 MUNICIPAL CODE/POLICY DOCUMENT CROSS REFRENCE This action does not affect the Municipal Code. RECOMMENDATION Adopt a resolution authorizin the Interim Cit Mana or desi to ne and execute a financial assistance a from the SWRCB and an amendments or chan orders thereto and certif financial a disbursements on behalf of the Cit of Alameda for the installation of mechanical trash racks at storm water pump stations. Respectful s atthew T. Naclerio Public Works Director Approved as to funds and account, Aj. Glenda D. Ja Interim Finance Director ES:gc CITY OF ALAMEDA RESOLUTION NO. H 0 AUTHORIZING THE INTERIM CITY MANAGER OR DESIGNEE TO NEGOTIATE AND EXECUTE A FINANCIAL ASSISTANCE AGREEMENT FROM THE STATE WATER RESOURCES CONTROL BOARD AND ANY AMENDMENTS OR CHANGE ORDERS THERETO AND CERTIFY FINANCIAL AGREEMENT DISBURSEMENTS ON BEHALF OF THE CITY OF ALAMEDA FOR THE INSTALLATION OF MECHANICAL TRASH RACKS AT STORM WATER PUMP STATIONS a� WHEREAS, the State water Resources Control Board (SWRCB) has State revolving grants available as part of the Federal Economic Stimulus; and WHEREAS, City of Alameda Resolution No. 14376, approved September 1, 2009, authorizes the Interim City Manger to submit a Financial Assistance Application to the SWRCB for a financial agreement for planning, design, and construction of the mechanical trash racks at storm water pump stations; and WHEREAS, City of Alameda Resolution No. 14376, approved September 1, 2009, authorizes the Interim City Manager to certify that the City of Alameda will comply with all applicable state and federal statutory and regulatory requirements related to any financing or financial assistance received from the State Water Resources Control Board; and WHEREAS the SWRCB requires a Financial Assistance Agreement with agencies that receive grant funding; and NOW, THEREFORE BE IT RESOLVED that the Interim City Manager or designee of the City of Alameda is hereby authorized to negotiate and execute a Financial Assistance Agreement from the SWRCB and any amendment or change orders thereto and certify financing agreement disbursements on the behalf of the City of Alameda for the installation of mechanical trash racks at storm water pump stations. Resolution #4 F CC 10 -06-09 I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the council of the city of Alameda in a regular meeting assembled on the 6th day of October, 2009, by the following vote to wit: AYES: NOES: ABSENT: ABSENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said city this 7th day of October 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: October 0, 2009 Re: Adopt a Resolution Authorizing the Interim City Manager or Designee to Negotiate and Execute a Financial Assistance Agreement from the State Water Resources Control Board and any Amendments or Change orders Thereto and Certify Financial Agreement Disbursements on Behalf of the City of Alameda for the Rehabilitation of the Structural Stability of Approximately 3,000 Linear Feet of the Southshore Lagoon Seawalls Adacent to Citv Streets BACKROUND The State water Resources Control Board (SWRCB) is in receipt of the City of Alameda's Resolution No. 14377, dated September 1, 2009, that delegates authority to the Interim City Manger to submit a Financial Assistance Application and comply with all applicable state and federal statutory and regulatory requirements related to any financing or financial assistance received from the SWRCB. SWRCB is requesting an additional resolution that delegates authority to the Interim City Manager or designee to negotiate and execute a Financial Assistance Agreement and any amendment or changes orders thereto and certify financing agreement disbursements on the behalf of the City of Alameda. DISCUSSION Adoption of the resolution will allow the City to execute a financial assistance agreement with the SWRCB for the rehabilitation of approximately 3,000 linear feet of the Southshore lagoon seawalls adjacent to City streets. FINANCIAL IMPACT The SWRCB grant is a no interest loan with the principle forgiven. There is no impact to the General Fund. city Council Report Re: Agenda Item #4 -G 10 -61-09 Honorable Mayor and October 6, 2009 Members of the City council Wage 2 of 2 MUNICIPAL CODE /POLICY DOCUMENT CROSS REFRENCE This action does not affect the Municipal code. RECOMMENDATION Adopt a resolution authorizing the Interim City Manager or designee to negotiate and execute a financial assistance agreement from the SWRCB and any amendments or change orders thereto and certify financial agreement disbursements on behalf of the City of Alameda for the rehabilitation of the structural stability of approximately 3,000 linear feet of the Southshore lagoon seawalls adjacent to City streets. Approved as to funds and account, t Glenda D. Jay Interim Finance Director RC:gc CITY OF ALAMEDA RESOLUTION NO. 0 LL Aw 0 CL ON Li AUTHORIZING THE INTERIM CITY MANAGER OR DESIGNEE TO NEGOTIATE AND EXECUTE A FINANCIAL ASSISTANCE AGREEMENT FROM THE STATE WATER RESOURCES CONTROL BOARD AND ANY AMENDMENTS OR CHANGE ORDERS THERETO AND CERTIFY FINANCIAL AGREEMENT DISBURSEMENTS ON BEHALF OF THE CITY OF ALAMEDA FOR THE REHABILITATION OF THE STRUCTURAL STABILITY OF APPROXIMATELY 3,000 LINEAR FEET OF THE SOUTHSHORE LAGOON SEAWALLS ADJACENT TO CITY STREETS WHEREAS, the State Water Resources Control Board (SWRCB) has State revolving grants available as part of the Federal Economic Stimulus; and WHEREAS, city of Alameda Resolution No. 14377, approved September 1, 2909, authorizes the Interim city danger to submit a Financial Assistance Application to the SWRCB for a financial agreement for the rehabilitation of the structural stability of approximately 3,099 linear feet of the Southshore lagoon seawalls adjacent to City streets; and WHEREAS, City of Alameda Resolution No. 14377, approved September 1 2909, authorizes the Interim city Manager to certify that the city of Alameda will comply with all applicable state and federal statutory and regulatory requirements related to any financing or financial assistance received from the State Water Resources control Board; and WHEREAS the SWRCB requires a Financial Assistance Agreement with agencies that receive grant funding; and NOW, THEREFORE BE IT RESOLVED that the Interim city .Manager or designee of the city of Alameda is hereby authorized to negotiate .and execute a Financial Assistance Agreement from the SWRCB and any amendment or change orders thereto and certify financing agreement disbursements on the .behalf.of the City of Alameda for the rehabilitation of the structural stability of approximately 3,990 linear feet of the Southshore lagoon seawalls adjacent to city streets. Resolution #4 -G CC 4 -o6 -QV 1, the undersi hereb certif that the fore Resolution was dul and re adopted and passed b the Council of the Cit of Alameda in a re meetin assembled on the 6th da of October, 2009, b the followin vote to wit.. AYES: NOES: ABSENT: ABSENTIONS: IN WITNESS, WHEREOF, I have hereunto set m hand and affixed the official seal of said Cit this 7th da of October 2009. Lara Weisi Cit Clerk Cit of Alameda CITY OF ALAMEDA Memorandum To.- Honorable Ma and Members of the Cit Council From: Teresa L. Hi Cit Attorne Date: October 6, 2009 Re Introduce an Ordinance to Amend Ordinance No. 2497, New Series, b Amendin Subsection 19(a) (Medical Insurance) and b Amendin Subsection 19(b) (Dental) of Section 19 (PERS Pension Fund) Re Public Safet Emplo Hired After November 1, 2009 In 1953 the Cit of Alameda created a Police and Fire Pension Fund for public safet emplo hired prior to 1953- 9 the Pension Fund was created pursuant to Ordinance 1079. In 1977, the Cit provided a Pension Fund for public safet emplo hired after 1953, pursuant to Ordinance Number 1082. In 1990, public safet members of the 1082 Plan were permitted to transfer their pension benefits to the California Public Emplo Retirement S (PERS at this time, the Cit also created full retiree medical and dental benefits for public safet pension members. These retiree benefits are sometimes, referred.t.o as "other .Post Emplo Benefits," or "OPEB. The Cit public safet OPEB benefits are summarized as follows: The medical benefit is paid for b the Cit at its full cost at the one or two part rate until that retiree is eli for Medicare. At the point in time when Medicare becomes the primar insurance, the Cit provides a Medicare supplement insurance benefit. These retiree medical benefits are also extended to the emplo spouse at the time of retirement and t benefits continue to the survivin unmarried spouse upon the death of the retiree. The dental benefit is paid for b the Cit at its full cost at the one or two part rate for an q ualified dental .plan on file with the Cit This benefit is also extended to the emplo spouse (at the time of retirement), and this benefit continues to the survivin unmarried spouse after the death of the emplo DISCUSSION The current annual cost of public safet OPEB benefits is estimated to be $2.1 million. This estimated cost will increase as existin and future. lo retire; in fact, C SM: 10.4.09 Honorable Ma and October 6, 2009 Members of the Cit Council Pa 2 of 2 accordin to the Cit latest actuarial report (December 2007), the OPEB liabilit will exceed $75 million over the next 30 y ears. A hi liabilit is likel to be reflected in the Cit next actuarial report, which is not anticipated until earl 2010 and would cover the period endin in December 2009. One wa to reduce the risin costs of the OPEB is to chan the medical and dental retirement benefit for future emplo e. those not y et hired b the Cit Both the Alameda Police Officers Association (APOA) and the International Association of Firefi (IAFF) have a in their respective current Memorandum of Understandin to participate in a labor/mana committee to develop mutuall a alternative provisions for retiree medical benefits for future emplo Adoption of the proposed Ordinance will initiate this process and serve as notice to future emplo that the will onl be eli for an medical and dental retirement benefits as developed throu the meet and confer process. Adoption of the Ordinance to initiate this process is not subject to the meet and confer re of the Me Act (Government Code Section 3500 et se because it does not impact existin represented emplo and an medical and dental retiree benefits for future emplo will be subject to meet and confer re FINANCIAL IMPACT The present annual cost to the Cit for these medical and dental retiree benefits is $2.1 million. This amount will increase as existin and future emplo retire. Based on the Cit December 2007 actuarial report, the liabilit for retiree medical and dental benefits ("Other Post Emplo Benefits," or "OPEB" is $75 million over the next 30 y ears. Adoption of the Ordinance will initiate the process which is intended to result in a decrease in these Cit costs. RECOMMENDATION Introduce an Ordinance to amend Ordinance No. 2497, New Series, b amendin Subsection 19(a) (Medical Insurance) and b amendin Subsection 19 (Dental) of Section 19 (PERS Pension Fund re public safet emplo hired after November 1, 2009. Respectfull submitted, Teresa L. Hi Cit Attorney CITY OF ALAMEDA ORDINANCE CIO. New series AMENDING ORDINANCE NO. 2497 NEW SERIES, BY AMENDING E SUBSECTION 19(a) (MEDICAL INSURANCE) AND BY AMENDING SUBSECTION 19(b) (DENTAL) OF SECTION 19 (PERS PENSION FUND) REGARDING PUBLIC SAFETY EMPLOYEES HIRED cn 2 AFTER NOVEMBER 1, 2009 o v AM BE IT ORDAINED by the Council of the City of Alameda that: Section 1. Subsection 19(a) of Section 19 of Ordinance No. 2497 is hereby amended to read as follows: a. Medical Insurance For 1082 retirees and future Public safety retirees who are currently members of one of the city sponsored health plans, the city shall contribute the health plan costs, at the one party or two party rate as the case may be, for that plan until the retired employee is eligible for Medicare coverage. If and when the retiree becomes eligible for Medicare coverage, Part A and Part B, then the City shall provide the retiree a Medicare supplementary program as provided for in Government code Sections 22819 and 22859. In place of the above described rates, the City will pay the full cost of such Medicare supplement .Program. Any of the above mentioned retirees who currently are not enrolled in a city sponsored health plan may elect to receive a monthly contribution .by the City, equal to the average of the one party or two party rates, whichever is appropriate, paid by the city, to a qualified health care plan (on record with the City) for the purpose of purchasing health care. Retired employee dependent eligibility for City health plan contribution is conditional upon the active enrollment of the retired employee. For an employee of the City, who was married at the time of retirement and who dies during retirement, the surviving unmarried spouse of the retiree will have his or her medical insurance paid by the City at the single party rate. If a retired employee remarries, the retiree may add the retiree's spouse to the medical insurance coverage at the retiree's expense. For all public safety employees hired in any capacity after November 1, 2009, their retiree medical benefit, if any, shall be determined solely based upon the meet and confer process (Government code section 3800 et. seq.) between the city and the respective labor organizations. Introduction of ordinance #4 -N CC 10 -00 -09 Section 2. Subsection 19(b) of Section 19 or Ordinance No. 1082 is hereby amended to read as follows: b. Dental 1 082 retirees and future Public safety retirees may elect to receive a monthly contribution by the City, equal to the one party or two party rate, as the case may be, paid by the City, to a qualified dental care plan (on record with the City) for the purpose of purchasing dental care. For an employee of the City, who was married at the time of retirement and who dies during retirement, the surviving unmarried spouse of the retiree will have his or her dental insurance costs paid by the City at the single party rate. Should the City provide a dental benefit plan covering retired employees at a later date, the City shall provide the retiree and the surviving spouse the option of joining said plan at City cost at the appropriate rate. if a retired employee remarries, the retiree may add the retiree's spouse to the dental insurance coverage at the retiree's expense. For all public safety employees hired in any capacity after November 1, 2009, their retiree dental benefit, if any, shall be determined solely based upon the meet and confer process (Government Code Section 3500 et. seq.) between the City and the respective labor organizations. Section 3. All former ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance hereby adopted, to the extent of such conflict only, are hereby repealed. Section 4. This ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect 30 days after the date of its final passage and adoption. Presiding officer of the Council Attest: Lara Weisiger, City Clerk City of Alameda 1, the undersigned, hereby certify that the foregoing ordinance was duly and regularly adopted and passed by Council of the City of Alameda in regular meeting assembled on the day of 1 2009 by the following gate to wit AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WH EREOF, I have hereunto set nay hand and affixed the official seal of said City this day of 2009. Lara Weisiger, City Clerk City of Alameda CITY OF ALAMEDA ORDINANCE NO. New series AMENDING THE ALAMEDA MUNICIPAL CODE BY ADDING SECTION 59 AT ARTICLE IV TO CHAPTER. 11 PERTAINING TO CONTRACTS IN WRITING 0 U. Iwo e¢ WHEREAS, at the consolidated election of November 4, 2008, Alameda voters amended the City Charter b passage of Measure R= and y yp g WHEREAS, Measure R added Article XXI I, Section 13 to the City Charter, contract w hen the consideration involved i the tran saction which requires a writ ten Tj is reasonably valued at more than an amount specified by ordinance; and WHEREAS, related requirements would aid in the proper administration of contracts; and WHEREAS, the addition of contract protocols to the Municipal Code will provide notice to prospective contracting parties of legal requirements and provide legal protection to the City. BE IT ORDAINED by the City Council of Alameda that: Section 1 The Alameda Municipal Code is hereby amended by adding a new Article Iv to Chapter ll, which shall read as follows: ARTICLE IV CONTRACTS 2 -59 AUTHORIZATION OF CONTRACTS 2 -59.1 Formalities Approval Except as otherwise provided by ordinance, every contract involving consideration reasonably valued at more than One Thousand Dollars ($1,000) shall be made in writing or other manner as provided by ordinance. The draft of the contract shall be approved by the employee authorized to make the contract. Every contract must be approved by the City Attorney as to form, except the following: (1) Contracts involving a sung of Five Thousand Dollars ($5,000), or less, for the purchase, rental, repair or maintenance of materials, supplies and equipment; (2) Contracts involving the sum of Five Thousand Dollars ($5,000), or less, for the purchase of professional or personal services, or for construction or maintenance services; Final I°assa a of Ordinance #44 cc 10-66 -09 (3) Contracts not required to be made in writing or other manner as provided by ordinance. The contract shall be signed on behalf of the city by: (a) the employee authorized to enter into the contract; or (b) in the case of a contract authorized by Council, the person authorized by the Council. The City shall not be, and is not, bound by any contract unless it complies with the requirements of this section and all other applicable requirements of the Charter. The restrictions of this section shall not apply to a case of a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services as provided in section 3-15.2 of the charter. 2 -59.2 submission of Terms to council. Whenever any public works contract with the city of Alameda must be approved or authorized by the city council, the head of the department or other employee of the city entering into such contract shall submit to the city council for its approval the plans and specifications for the work, services and materials to be furnished the city under such contract. 2 -59,3 Limitation and Power to make contracts. (a) Except as otherwise provided in the charter or this code, no employee of the City shall make any contract, obligating the City, or any department of the city, to make or receive payments of money or other valuable consideration for a period longer than five (5) years, unless such contract shall have been first approved by the council. (b) For the purpose of this section, a contract obligating the city, or any operational department of the city, -to make or receive payments or other valuable consideration for a period longer than five (5) years, shall include: a contract which contains a provision, such as, but not limited to, an option clause, which allows for a cumulative period longer than five (5) years, said period calculated as of the date of execution of the contract. (c) contracts for personal cr professional services involving specialized knowledge, including without limitation architects, engineers, or accountants, in the amount of $75,000 or more must be approved by Council. 2 -50.4 Definitions. The following definitions shall apply to the following terms used in this article: "Contract" means any agreement, franchise, lease, or concession, including agreements for any occasional professional or technical personal services, for the performance of any work or service, the provision of any materials or supplies, or the rendition of any service to the city of Alameda or to the public, which is let, awarded or entered into with, or on behalf of, the city of Alameda or any awarding authority thereof. Section 2 This ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage. Section 3 Severability clause. It is the declared intent of the city council of Alameda that if any section, subsection, sentence, clause, phrase, or provision of this ordinance is held invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not be so construed as to render invalid or unconstitutional the remaining provisions of this ordinance. Presiding officer of the city council Attests Lara Weisiger, city clerk 1, the undersigned, hereby certify that the foregoing ordinance was duly and regularly adopted and passed by Council of the City of Alameda in regular meeting assembled on the day of 2009 by the following vote to wit; AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of ,said City this day of 2099. 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 Gate: October 0, 2009 Re: Adopt Six Ordinances Amending the City of Alameda Municipal Code 1 277 N.S., Section 11 -110, by Reclassifying and Rezoning Several Parcels from Industrial to Residential or Mixed Use zoning Districts to Comply with the General Plan D BACKGROUND On September 15, 2009 the City Council introduced six ordinances amending the City of Alameda Municipal Code to reclassify and rezone several parcels from industrial to residential uses. During the public comment period, B. Kerr pointed out inaccuracies in the staff report pertaining to the illustrative map and the description of the General Plan policies surrounding the future redevelopment of 1913 Sherman Street. The staff report has been revised to correct the illustrative map: The illustrative neap was amended to accurately reflect the subject parcel as shown in the illustration above. City Council Report Re: Agenda Item #44 10 -6mO9 Honorable Ma and Members of the Cit Council FINANCIAL IMPACT October 6, 2009 Pa 2 of 3 The funds to cover staff time for this rezonin are bud in the Communit Development Department's account for Communit Plannin ;Ing The rezonin of these properties will amend Alameda Municipal Code (AMC Sections 1277 N.S. Section 11 -116 and ensure consistenc between the Zonin Map and the General Plan and Housin Element. Pursuant to the CEQA Guidelines, Section 1 51 62 Subse Environmental Impact Reports, the proposed zonin map amendments were considered in the Environmental Impact Report for the General Plan Amendment for the Northern Waterfront certified in 2007, the Environmental Report for the Alameda Point General Plan Amendment in 2003, or the Environmental Impact Report for the General Plan Update in 1991. Accordin staff finds and determines on the basis of substantial evidence in the record that the previous EIRs. full anal the potential envi effects of the rezonin and incorporates miti measures to substantiall lessen or avoid an potenti si impacts in accordance with CEQA. None of the circumstances necessitatin preparation of additional. CEQA review as specified in CEQA and the CEQA Guidelines, includin without limitation Public Resources Code Section 21166 and CEQA Guidelines Section 15162, are present in that 1 there are. no substantial chan proposed in the project or the circumstances under which the pro are undertaken that would re ma revisions of the EIR due to the involvement of new environmental effects or a substantial increase in the severit of previousl identified si effects; and 2 there is no "new information of substantial importancell as described in CEQA Guidelines Section 15162(a)(3 Adopt six ordinances amendin the Cit of Alameda Municipal Code 1277 N.S., Section 11-116, b reclassifyin and rezonin several parcels from Industrial to Residential or Mixed Use Zonin Districts to compl with the General Plan designations. Honorable Ma and Members of the Cit Council Approved as to funds and account, Glenda D. Ja Interim Finance Director October 6, 200 Pa 3 of CITY OF ALAMEDA ORDINANCE NO. New Series AMENDING ORDINANCE NO. 1277 N.S. To REZONE APPROXIMATELY 4.7 ACRES LOCATED AT 1 SINGLETON, APN 074 0906 010 -01 AVENUE FROM M -2 -PD GENERAL INDUSTRIAL (MANUFACTURING) PLANNED DEVELOPMENT DISTRICT, TO 3 R -4 -PD, NEIGHBORHOOD RESIDENTIAL PLANNED DEVELOPMENT DISTRICT ZONING DESIGNATION City BE IT ORDAINED by the Cty Council of the City of Alameda that: Section 1: Section 11 -116 of ordinance No. 1277, N.S. is hereby y amended e by reclassifying all the real property situated within the City of Alameda, County of Alameda, State of California, consisting of 4.7 acres and located at 1 Singleton Avenue, APN 074 -0905- 010 -01, as shown on the attached Exhibit A from M -2 -PD, General Industrial (Manufacturing) Planned Development District, to R -4 -PD, Neighborhood Residential Planned Development District Zoning Designation. Section 2: The above amendment shall be known as and referenced to as Rezoning Amendment No. 204 to ordinance No. 1277, N.S. Section 3: This Ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage. Presiding officer of the City Council Attest: Lara Weisiger, City Clerk City of Alameda Final Passage of Ordinances #4 -J GC 10 -06 -a9 Exh A: Current Zoning VVU MAIN 'big Y r y;.= �q:::.•�.y,J1� _e PF.i''� w r x P r Si Lf_. rO A i 21 0 005 Proposed Zoning &*t* k N L ri 1 0 11 oji 1, the undersigned, hereby certify that the foregoing ordinance was duly and regularly adopted and passed by council of the city of Alameda in regular meeting assembled on the day of 2009, by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set nay hand and affixed the official seal of said city this I day of 2009. Lara Weisiger, city clerk City of Alameda Section 2: The above amendment shall be known as and referenced to as Rezoning Amendment No. 200 to Ordinance No. 1 277, N.S. Section 3 This Ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage. Presiding Officer of the City council Attest: Lara Weisiger, City Clerk City of Alameda ntrodl uct'l o n of Ordinance #6 #C 09 -15 -09 CITY OF ALAI EDA ORDINANCE NO. New Series J r AMENDING ORDINANCE NO. 1 277 N.S. TO REZONE APPROXIMATELY 5 ACRES LOCATED AT 2180 E CLEMENT AND 2201 CLEMENT AVENUE, APNs 071 s y 0230 007 -03 AND 074 0289 004 -00 FROM It72 GENERAL INDUSTRIAL (MANUFACTURING) DISTRICT, ;s- TO R-2-PD, TUV- I"AI1lLY RESIDENTIAL PLANNED DEVELOPMENT DISTRICT ZONING DESIGNATION P IN BE IT ORDAINED by the City Council of the City of Alameda that. k t f Q: r Section 11 11 -116 of Ordinance No. 1277, IN.& is hereby amended by reclassifying all the real property situated within the Cit at Alameda, County of Alameda, State of California, consisting of 5 acres and located at 2189 and 2201 Clement Avenue, APN# 071 -0280- 007 -03 and 074 0230- 004 -00, as shown on the attached Exhibit A from Ill -2, General Industrial (Manufacturing) District to R -2 -PD, Two-Family Planned Development Residential District. Section 2: The above amendment shall be known as and referenced to as Rezoning Amendment No. 200 to Ordinance No. 1 277, N.S. Section 3 This Ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage. Presiding Officer of the City council Attest: Lara Weisiger, City Clerk City of Alameda ntrodl uct'l o n of Ordinance #6 #C 09 -15 -09 Exhibit A: Current Zoning Proposed Zoning 1, the undersigned.. hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by Council of the City of Alameda in regular meeting assembled on the day of 2009 by the following Grote to wit: AYES NOES ABSENT: ABSTENTIONS. IN WITNESS, WHEREOF I have hereunto set my hand and affixed the official seal of said City this day of 2009 Lara Weisiger City Clerk City of Alameda CITY OF ALAMEDA ORDINANCE NCB. New Series E 0 2 AMENDING ORDINANCE N, 1 277, N.S. TO REZONE APPROXIMATELY 4.14 ACRES LOCATED AT 20/ 5/2025 GRAND STREET, APN 072 0381 002 00 AND 072 f F ROM M-2, GENERAL INDUSTRIAL (MANUFACTURING) z DISTRICT TO R -4 -PD, NEIGHBORHOOD RESIDENTIAL DISTRICT PLANNED DEVELOPMENT DISTRICT BE IT ORDAINED by the City Council of the City of Alameda tha Section 1 Section 1 of Ordinance No. 127T N.S, is her r;� amended by reclassifying all the real property situated within the City of z Alameda, county of Alameda, State of California, consisting of 4.14 acres and located at 201 5/2025 Grand Street, APN 072 0381 002 -00 and 072-038 00, as shown on the attached Exhibit A from M -2, General Industrial i (Manufacturing) District, to R -4 -PD Neighborhood Residential District Planned Development District. Section t The above amendment shall be known as and referenced to as Rezoning Amendment No. 208 to Ordinance No. 1277 N.S, Section 3 This Ordinance shall be in full' force and effect from and after the expiration of thirty {30} days from the date of its final passage. Presiding Officer of the city Council Attest: Lara Weisiger, City clerk City of Alameda I ntroducti o n of Ordinance #6 -c (3) Q9 -15 -09 Exhibit A: Current Zonin M-2 Proposed Zonin R-4-PD I, the undersigned, hereby certify that the foregoing ordinance was duly and regularly adopted and passed by Council of the City of Alameda in regular meeting assembled on the day of P 2009, by the following vote to wit: AYES: NOES ABSENT: ABSTENTIONS: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this day of 2009. Lara Weisiger, City Clerk City of Alameda CITY OF ALAM E CAA ORDI NANCE NO. New Series r AMENDING ORDINANCE NO. 1277 N.S. TO REZONE APPROXIMATELY 2. ?S ACRES LOCATED AT 2100 CLEME AVENUE/1 924 VVILLOW STREET, APN 071-0228-001-02 FROM M 1, INTERMEDIATE INDUSTRIAL (MANUFACTURING) L DISTRICT I T' -p FA CT o R TV'ti!� RESIDENCE PLANNED C EVELPENT DISTRICT ZO NING DE BE IT ORDAINED by the City Council of the City of Alameda that: Section 1 Section 11-116 of Ordina No. 1277, N.S. is hereb w amended by reclassifying all the real property situated within the City of Alameda, County of Alameda, State of California, ccnsisting of 2.78 acres and located at 2100 Clement Aven uef1924Willow St reet, APN 071 -0228 -001 -02 as shown on the attached Exhibit A from M--1, Intermediate Industrial (Manufacturing) District to R -2 -PD, Two Family Residence Planned Development District. Section 2: The above amendment shall be known as and referenced to as Rezoning Amendment No. 207 to Ordinance No. 1277, N.S. Section 3: This Ordinance shall be in full force and effect from and after the expiration of thirty (3Q) days from the date of its final passage. Presiding Officer of the City Council Attest: Lara Weisicger, City Clerk C Ity of Alameda Introduction of Ordinance 6- (4) 09 -1 09 Exhibit A: Proposed Zoning Current Zoning I the Undersigned, h ereby certify that the f�o reg oing Ord inance vas duly and regularly adopted and passed by Council of the City of Alameda in regular meeting assembled oii the day of 2009 by the following vote to wit: AYES N OE S ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I hav hereunto set my ha nd and affixed the official seal of said City this day of 2009_ t_ara'eisiger, City Clerk City of Alameda Section 2: The above amendment shall he known as and referenced to as Rezoning Amendment No. 206 to Ordinance No, 1 277, N S Section 3: This ordinance shall he in full force and effect from and after the expiration of thirty (30) days from the date of its final passage. Presiding Offi of the City Council Attest: Lara Weisiger City Clerk City of Alameda Introduction of Ordina #6 -c (5) 09- CITY OF ALAMEDA ORDINANCE NO. New Series c r r AMENDING ORDINANCE NO. 1277 N.S. TO REZONE APPROXIMATELY 1.9 ACRES LOCATED AT 1913 SHERMAN APB! 074 -31 -93 FROM M-1-PD INTERMEDIATE INDUSTRIAL (MANUFACTURING) PLANNED DEVELOPMENT LL DISTRICT, TO R-2-PD, TWO FAMILY RESIDENCE PLANNED DEVELOPMENT DISTRICT ZONING DESIGNATION t BE IT O RDAINED by the City Council of the City of Alameda treat: Section 1 Section 11 -116 of Ordinance Flo. 1277 I.S. is hereby CL a by reclassifying all th real property situated w it h l n the City of Vi Alameda, County of Ala State of California, con sisting of 1.9 acr es and located at 1913 Sherman Street, APN 974 0906 931 08, as shown on the attached Exhibit A from M -1 -PD, Intermediate Industrial (Manufacturing) Planned Development District, to R- 2--PD, Two Family Residence Planned Development District. Section 2: The above amendment shall he known as and referenced to as Rezoning Amendment No. 206 to Ordinance No, 1 277, N S Section 3: This ordinance shall he in full force and effect from and after the expiration of thirty (30) days from the date of its final passage. Presiding Offi of the City Council Attest: Lara Weisiger City Clerk City of Alameda Introduction of Ordina #6 -c (5) 09- M. m ��I C urrent Zoning Proposed Zoning I the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by Council of the City of Alameda in regular meeting assembled on the day of r 2009, by the following vote to wit: AYES NOES ABSENT: ABSTENTIONS, IN WITNESS, WHEREOF, I have hereunto set nay hand and affixed the official seal of said City this day of 2009. Lara Weisiger, City Clerk City of Alameda Sects The above amendment shall be known as and referenced to as Rezoning Amendment No. 205 to Ordinance No. 1 277, N.S. Section 3: This Ordinance shall be in Sull force and effect from and after the expiration of thirty (30) days from the date of its final passage. Attest: Presiding Officer of the Dity Council Lara Weisiger, City Cle City of Alameda Introduction of Ordinance ##6 c 09 -15 -09 CITY OF ALAMEDA ORDINANCE Na r New Series AMENDING ORDINANCE NO. 1 277, N.S. TO REZONE APPROXIMATELY 2. 1 ACRES LOCATED AT 1590/1016 FG RTMAI N WAY, APN 072 0381 018 FROM III 2, GENERAL INDUSTRIAL (MANUFACTURING) DISTRICT TO A R -4 -PD, NEIGHBORHOOD RESIDENTIAL PLANNED DEVELOPMENT DISTRICT ZONING DESIGNATION BE IT OR by the C ity Council of the City of Alameda that: CL Section 1: Section 11 -116 of Ordinance No. 1277, N.S. is hereby amended reclassi all the real p roperty situated within the City of Alameda Co unty Y Y of Alameda, State of California consisting f 2.1 acres and g located at 1590/1616 Fortmann Way, APN 072 0381 0 1 8 00, as shown on the attached Exhib A from M- 2, General Industrial (Ma nufacturing) District to a R-4-PD Neighborhood Residential Planned Development District. Sects The above amendment shall be known as and referenced to as Rezoning Amendment No. 205 to Ordinance No. 1 277, N.S. Section 3: This Ordinance shall be in Sull force and effect from and after the expiration of thirty (30) days from the date of its final passage. Attest: Presiding Officer of the Dity Council Lara Weisiger, City Cle City of Alameda Introduction of Ordinance ##6 c 09 -15 -09 Exhibit A: MMRL A Current Zoning M-2 I the undersigned, hereby certify that the foregoing ordinance was duly and regularly adopted and passed by Council of the City of Alameda in regular meeting assembled on the day of 2009, by the following vote to wit: AYES. NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF I have hereunto suet ray Land and affixed the official seal of said City this I day of 2009 La.ra Weisig er City Clerk City of Alameda CITY OF ALAMEDA RESOLUTION NO. APPOINTING CULLEN JONES AS A MEMBER OF THE CITY HOUSING COMMISSION (SENIOR TENANT SEAT) 0 U. 0 0 CL CL 0 BE IT RESOLVED, b the Council of the Cit of Alameda that pursuant to the provisions of Subsection 2-12.2 of the Alameda Municipal Code, and upon nomination of the Ma CULLEN JONES is hereb appointed to the office of Senior Tenant seat member of the Housin Commission of the Cit of Alameda for the term commencin on October 6, 2009, and expirin on June 30, 2011. 1, the undersi hereb certif that the fore Resolution was dul and re adopted and passed b the Council of the Cit of Alameda in re meetin assembled on the 6th da of October, 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 7th da of October, 2009. Lara Weisi Cit Clerk Cit of Alameda Resolution #6-A 10-06-09 CITY OF AL.AM E DA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: October 0, 2009 Re: Amend the Measure WW Proposed Project List to Include a $2,000,000 Grant to The Boys and Girls Club of Alameda for the Completion of Construction of Its Youth Development Center, in Accordance with the Terms and Conditions Outlined Herein BACKGROUND The Boys and Girls Club of Alameda initiated a capital building campaign in 2000 to replace its original facility at 2050 Lincoln Avenue. The capital campaign began with the net sale proceeds of this building in the amount of $400,000, and continued with private pledges from corporations and individuals; non profit foundation grants; and a construction loan commitment from the Bank of Alameda. The Club's `vile Can Build This' fundraising material is included as Exhibit 1 to this report. On August 19, 2009, Councilmember Lena Tarn submitted a Council Referral Form for City Council consideration (Exhibit 2) requesting authorization to amend the City Council's prior list of potential Measure WW projects to include a $2,000,000 grant to The Boys and Girls Club. If successfully awarded, this funding would enable the Club to award its construction bid for this facility and complete the project by the fall of 2010. During public discussion of this referral on September 1, 2009, the City Council directed the City Manager 1) to ascertain whether this particular project would be eligible under the authorities given in Measure WW; and 2) to determine if, in fact, the $2,000,000 would actually complete the project's funding requirements, rendering it truly `shovel ready' At the September 15, 2009 City Council meeting, East Bay Regional Park District (EBPRD) Assistant General Manager David Collins addressed the first inquiry raised by the City Council eligibility of the proposed project under Measure ww requisites in the bond issue (Exhibit 3). Mr. Collins noted that the City would be required to submit a project application as these particular funds were designated under the City's allocation in the Measure. However, given EBRPD's present understanding of this construction project, the District believes it is eligible under Measure ww funding. At the request of the City Attorney and the City Manager, the District has requested that its bond counsel, Jones Hall, provide a written opinion on this eligibility under the bond indenture, as the City Council Agenda Item ##6 -13 Honorable Mayor and October 0, 2009 Members of the City Council Page 2 of 5 City Council cannot amend its list to include this project without such verification. This letter is included as Exhibit 4 to this report. The City Manager then addressed the second inquiry an analysis of the funding sources proposed to complete the construction project (Exhibit 8 Sources of funds for construction of the Youth Development Center total $8.2M, of which $3.8M are grants and pledges; $1.3M are cash deposits in the capital building fund; $990,000 is a construction loan from Sank of Alameda; and the remaining $2.01111 is the amount requested from the City's Measure WW allocation. An additional $800,000 is available in a challenge grant, which would match a second $500,000 collected in pledges within the next 24 months. This challenge grant ensures a significant contingency available to the building fund, should the project budget of $8.2M experience construction change orders. The City Manager stated that documentation for each of these funding sources has been provided and verified. It is accurate to state that the receipt of $2.OM of Measure WW funds would enable this project to be completed without necessitating receipt of further pledges, grants, etc at this time. Consistent with the Council referral policy previously adopted, the City Manager indicated that a staff report would be forthcoming at the October 0, 2009 City Council meeting for action on this request. The additional questions raised by the City Council during discussion that evening would be addressed in that staff report. DISCUSSION The City Manager, staff and representatives from The Boys and Girls Club have met to address several of the concerns, issues and questions raised during the September 15 public discussion. Specifically, these included: 1. Prevailing Wage: The project construction budget is based upon prevailing wage rates. 2. Tax Returns Tax returns for the past three gears were reviewed and have been filed in accordance with IFS regulations for non profits and prepared by an independent accounting firm. 3. Measure AA Comparison: Exhibit 0 is a summary of the City projects completed under this bond measure; two of nine projects, equivalent to 7.2% of the total allocation, were completed west of Park Street. 4. Operating Budget Exhibit 7 itemizes the Club's projected operating budget at the Youth Development Center, once construction has been completed. These operating funds are deposited into a separate account from those of the building construction funds. The Club has demonstrated experience in managing and Honorable Mayor and Members of the City Council October 8, 2009 Page 3 of 5 operating programs at a facility, and funds are available in this operating account to continue this practice. 8. Endowment Fund: An endowment fund in the approximate amount of $3.0M1 has been verified. Interest from the endowment is used as operating income to the Club. The endowment also serves as collateral for the Bank of Alameda construction loan previously referenced. 8. Community Development Block Grant (CDBG) Funds: City staff has verified that the Club received approximately $220,000 in FY 2008 for pre development costs to design the proposed project. The Club also receives approximately $18,000 annually from the City's CDBG public services allocation. The Club was awarded Federal stimulus funds through the City's program in the amount of $285,000, but the Department of lousing and Urban Development denied the City's plan submission. Although there was some subsequent discussion of trading CDBG stimulus funds for regular CDBG funds for this project, the swap did not occur because The Boys and Girls Club preferred not to impose Federal stimulus requirements on the entire project, since the federal commitment was insufficient to meet the project's total funding gap. 7. City Weslside Programs: staff has prepared a list of programs presently offered by the City's Recreation and Parks Department for community teens (Exhibit 8). This corrects the public statement that the City does not offer programs for teens, beyond those which are operated through The Boys and Girls Club. 8. School Land .ease: The lease between the Alameda Unified school District (AUSD) and The Boys and Girls Club is for 99 years, far beyond the physical life of the building, but the maximum term allowed under law for the school district. The land lease can be renegotiated and/or extended at that time. 9. Other Grant Opportunities Available: Several outside grant opportunities for Club funding have been shared by Alameda residents, and have been forwarded to Club staff for further analysis and application, as warranted. 10. Joint use Agreement with AuSD: The joint use agreement, which specifies the days and times of school district use of the facility, is included as Exhibit 9 to this report. City /public access to the facility would be scheduled to comply with the terms of this use agreement. 11. Asset Ownership: City ownership of the facility, in whole or in part, is not possible under the joint use agreement, the terms and conditions of the Club's other funding sources for building construction, or the construction loan issued by the Bank of Alameda. However, a proportionate share of public use of the facility, equal to the percent of the City's contribution to the construction fund, is possible through a use agreement between the City and the Club. Honorable Mayor and October 0, 2009 Members of the City Council Page 4 of 5 12. Revised Measure WW Proposed Project List Staff has prepared a revised list of proposed projects for ww funding, based upon today's park and recreation facility needs. Exhibit 10 includes a project list reflecting full allocation of the City's funds under WK and a project list reflecting the recommendation contained within this report. At this writing, and due to the time demands for this report, staff is attempting to schedule a Special Meeting of the Recreation and Parks Commission for Monday, October 5, 2009 in order to elicit response to this revised proposed project list. The results of that meeting will be reported during the presentation of this report at the City Council meeting on October 0, 2009. The request by The Boys and Girls Club for inclusion on the City's list of Measure WW projects has received comprehensive management analysis and evaluation. Numerous documents have been reviewed; extensive due diligence on eligibility, funding and operational agreements has been conducted. Fundamentally, the issue focuses on one which is prevalent at all levels of government today availability of resources. Sufficient dollars are simply not available at any level to fund every project that is needed and desired in open space, recreation facilities, community centers, park acquisition and development. Consequently, acknowledging the need for facilities at the west end of Alameda, yet not eradicating the City's opportunity to fund its needed projects under this Measure, an alternative approach is now recommended. Noting the re- prioritization of projects in Exhibit 10, staff recommends that the City Council amend its Measure WW proposed project list to include The Boys and Girls Club's $2.0M request. The City would amend its list of priority projects, substituting the previously proposed west end projects with this facility. Further, in a separate agreement between the City and The Boys and Girls Club of Alameda, the Club would agree to repay $1.OM of this grant within five years, with terms, conditions, public access percentages and collateral to be negotiated and approved by the City Council prior to submittal of the Measure WW application to EBRPD. In a separate action, the City Council would direct the City Manager to deposit the loan repayment in a special revenue fund, reserved exclusively for projects that would similarly qualify under Measure WW. FINANCIAL IMPACT There is no impact to any City funds as a result of this action. Approval of staff's recommendation, as previously outlined, will impact Measure WW funds in the amount of $2.OM, reducing discretionary funds available to $1.4M. However, approval of the loan will result in a net impact of equivalent dollars to the City by $1.0M. Honorable Mayor and Members of the city Council RECOMMENDATION October 0, 2009 Page 5of5 Amend the city's Measure WW proposed project list to include a $2,000,000 grant to The Boys and Girls Club of Alameda for the completion of construction of its Youth Development Center, in accordance with the terms and conditions outlined herein. Respectfully submitted, Ann Mari Gallant Interim C t Manager Approved as to funds and account, Nz... 4---& {5 Glenda D. Jay Interim Finance Director Exhibits. 1. Alameda Boys and Girls Club "We can Build This" Fundraising Material (on file with the city Clerk's Office) 2. August 19, 2009 City Council Referral 3. measure WW Ballot and Application Requirements (on file with the city clerk's office) 4. Bond Counsel Letter 5. Alameda Boys and Girls club construction Income Projection 0. Measure AA Bond city of Alameda Expenditures 7. Alameda Boys and Girls Club Maintenance and operating Budget 3. Alameda Recreation and Parks Department's Teen Program overview 9. Joint Use Agreement Between the city of Alameda and The Alameda Boys and Girls Club 10. Reprioritized List of Projects Within the Alameda Recreation and Parks Department COUNCIL REFERRAL FORM Name of Councilmen ber requesting referral: Lena Tarn Date of submission to City clerk (must be submitted before 5:00 p.m. on the Monday before the Council meeting requested): Au ust 19 2009 Council Meeting date: September 1 2009 Brief description of the subject to be printed on the agenda, sufficient to inform the City Council and public of the nature of the referral: In February 2009, the city council authorized staff to apply for grant funds from the Fast Bay Regional Park District under Measure WW. No projects have been submitted for funding yet, but the Recreation and Park Commission discussed a number of potential projects during their December 2008 meeting and identified four high priority projects for the city's $3.4 million. (The list of projects is attached.) Subsequent to the city council's action, the Alameda Boys Girls club asked the City to include the building of a new recreation center on the former Woodstock School site to serve the public, with a focus on underprivileged youth, as a priority project for pass through funding under Measure WW. The funds under Measure VVW are administered by the East Bay Regional Park District (EBRPD), and the club is requesting an allocation of $2 million. George Phillips, the Executive Director of the club, secured pre approval of the recreation center from the EBRPD. Council action in designating the recreation center as a priority project allows Alameda to leverage limited dollars during these recessionary times in order to build a shovel- -ready project for the community. The Alameda Boys Girls club is investing over $6 million in this project, and will provide over $30 million in y outh and community services over the life of the building. Through its Parks and Recreation Department, the city will leverage the contributions of community partners, including 9 the Alameda Unified School District, Alameda Youth Basketball, Alameda Family Services, Alameda civic Light opera, Alameda Point collaborative, Bast Bay Regional Parks, Alameda county Regional occupation Program, and the Alameda Adult school. This facility will also be able to offer quality recreational and educational opportunities to our community's adult population as Drell. seniors may access the gymnasium, computer lab, games room and other features. Adult leagues can run in the evenings and on weekends. community groups can meet in the various rooms in groups from 3 to 300. This center will be a hub for recreational and educational activity for our entire community and will have the same transformational effect that the new library and the Alameda Theatre complex have had for the city of Alameda. City council Exhibit 2 to Agenda Item ##6 -B CITY OF ALAMEDA MEMORANDUM Date: December 2, 2008 To: Recreation Park Commission From: Dale Lil lard Director Alameda Recreation and Parks RE: Discussion of possible projects for East Ba Re Park District BBRPD Measure WW Funds (Discussion Item), The recent passa of the East Ba Re Park District's EBRPD Proposition VVW will result in the Cit receivin approximatel $3 million to fund park improvements. Listed below are a number of potential projects. This item will be discussed durin the meetin of December 11 th. Hi Pri orit 1. Resurfacin of Washin Park Basketball Courts 2. Renovation of Littlejohn Park Recreation Center 3. Renovation of Woodstock Park Recreation Center Additional Proiec+Lt-.-; 4. Replacement of Krusi Park Recreation Center 5. Renovation of Godfre Park Pla Area 6. Resurface Washin Park Tennis Courts 7. Renovation of Field Li (Washin Woodstock Le 8. AP G Renovations 9. Improvements to DeWitt O'Club 10. Renovation of Field in Coast Guard Housin 11. Ac of Collins Propert (Estuar Park Dale Lillard, Director Alameda Recreation Parks $1005000 $250,000 $5007000 $750,000 $1001000 $3501000 $110007000 $7503000 $5001000 $7507000 $3-5 million City Council Attachment to Report Re: A Item #6-B 02-03-09 Alameda Boys &Girls Club West Alameda Teen Club To: Beverly Johnson, Mayor Doug deHaan, vice -Mayor Marie Gilmore, Councilmember Frank Mataresse, Councilmember Lena Tangy, Councilmember Anne Marie Gallant, City Manager Re: Alameda Boys Girls Club Youth Development Center Project On behalf of the thousands of youth we have served and will serve we would like to thank you for reviewing the Measure vvvv funding, The Boys Girls Club requests that you invest $2 million from the VVW fund to allow us to Complete the construction of our Youth Development Facility in a timely manner. We have enclosed financial information and highlights for your review and consideration. In the current economic climate, finding collaborations that allow any city and its citizens to leverage their dollars is extremely important. Current fundraising is over $6 million in this project, but the completed project will provide well over $3o million in youth and community services over the life of the building. This figure does not include the services that will be provided by our many other partners, including the Alameda Unified school District, Alameda Youth Basketball, Alameda Family services, Alameda Civic Light opera, Alameda Point Collaborative, East Bay Regional Parks, Alameda County Regional occupation Program, Alameda Adult school, Cal state University East Bay, Peralta Community Colleges, and the City of Alameda itself through the Recreation and Park Department. The planned facility will serve thousands of children and adults each year through not only Boys Girls Club programs, but through the services of all our partners and potential partners. This project will serve generations of Alamedans just as the Boys Girls Club has done since 1949. In exploring the value of this facility to the City of Alameda, the first thing that comes to mind is the children from all over our community who will cone to participate in the after school, Saturday, holidays, and vacation programs that the Club will provide; the children from the surrounding schools who will use the building each school day for recreational and educational programs; the Recreation and Parks programs (Tiny Tots, short shooters Basketball, Indoor Soccer, etc.) that will have a new state -of -the art facility for their use; the youth in the ACLC Performance Arts Summer Camp; and the children who participate in Alameda Youth Basketball every year. This facility will also be able to offer quality the highest quality recreational and educational opportunities to our community's adult population. seniors programs may include health and safety clinics, the gymnasium, computer lab, games room and other features. Adult basketball leagues can possibly run in the evenings and on weekends. Community groups can meet in the various rooms in Alameda Boys &Girls Club West Alameda Teen Club groups from 3 to 300. service clubs like Rotary and Kiwanis, schools and other non profits can hold events and fundraisers. This center will be a hub for recreational and educational activity for our entire community ,providing a centerpiece in the West End to compliment the new library and the Alameda Theatre complex recently opened on the East End. There are many compelling reasons for the Club and the city to move quickly to begin this project. Starting construction nova, before the rainy season can cause delays in the ground preparation, will hopefully allow this building to be opened in time for the opening of the 2010 school term rather than having to gait until 2011. The need for services for our youth are critical right now and the sooner we can expand services, the sooner the benefits to our community will begin. It is expected that construction costs may begin to rise as early as this winter or next spring, so delay may mean a more expensive project. The club has $3 million in committed grants that expire at the end of 2009 and extensions are never a certainty. The attached information not only demonstrates will power to serve the community, but also our financial capacity to complete construction with the help of WW funds. The attached pro forma shags sustainability of the operation to make sure that the club remains a vital, contributing member of the community's service network in the future. We request that the Council take action at its September l meeting to include and prioritize a $2 million appropriation from Measure WW funds for the purposes of building the Alameda Boys Girls club's proposed Youth Development Center. The city, along with the Boys Girls club and the Alameda Unified school District and committed citizens can make this effort a reality and provide for the health of our community for years to come. Respectfully submitted 0 George Phillips, Executive Director Alameda Boys &Girls Club Construction Feasibility Cost of Construction* $8,198,867 Cash on Hand* $1 1 484,575 Contracted Giants $3,275,000 Pledges 562,017 Subtotal Available $5,321 Measure WW Request $2,000,000 Total X7,321,592 Pending Kresge Grant 7500 000 Public Campaign 600000 Grand Total Funds Available $8,671,592 These figures do not include the Club's endowment, which we intend to preserve and use for any shortfalls in our building project and to supplement operating income to insure the sustainability of our program after the facility is opened. Dine Item Budget Attached Does not Include Club endowment of $2,848,294 Alameda Boys &Girls Club Sustainability Projection The Boys &Girls Club understands its responsibility to have long range planning in order to undertake this project and ensure the continued ability to sustain the operation and programs it will provide. Attached is a projected operating budget and revenue stream that is based on the square footage and expected client population of the Club. The expenses are calculated on the high side and do not include the potential cost savings that will occur by sharing the facility and offering programs with our community partners. As an example, California State University East Bay will provide service learning interns that will provide program supervision and reduce our staff costs. Alameda Youth Basketball volunteers will conduct clinics and supervise games, again reducing our personnel costs. The revenue side is also conservative. Over the 60 years that the Club has served the community we have consistently met all our financial responsibilities. In addition, the building campaign has allowed the Boys &Girls Club to broaden our donor base and provide a number of philanthropic foundations and corporations that will continue their support of our programs after the facility is opened. The Club's Board of Directors are very confident that the necessary resources to sustain our operations in the future will be available for the new Youth Development Center. 8/19/2009 New Facility Alameda Bays Girls Club Projected Expenses Expenses: Amount Revenue: Salaries 425,000 Special Events* Benefits 85,000 Endowment Workers' Comp 20 Annual Sponsors Training 7,000 Contributions Total Personnel 537,000 CDBGIHA Grants Grants Bld Ins. 7 Legacies Memorials Property 1 Program Fees Liability 15 Public Use Fees Auto 2,000 D &O 3,000 TOTAL. REVENUE Total Insurance 28,500 Recounting /Audit 8500 *net of expenses Repair Maintenance 7,000 Custodial Supplies 2 Office Supplies 5,500 Printing Mailing 3 Payroll ,500 Dues Subs. 5 Adv. Public Rel. 8 Utilities 1 8,080 Misc. 4,000 Telephone 0 Total Operations 73 Program Supplies 30,000 Camp Field Trips 10 Auto 1 4,000 Total Program 50X0 Amount 170,000 50,000 100,000 125 50,000 00,000 10,000 30,000 5 li 111 TOTAL EXPENSES 889,200 From: Jeff Rasmussen Rasmussen @ebpa ks.org] Sent: Wednesday, august 1 2, 2009 9 :22 PSI To: George Phillips Cc: Dave Collins Subject: RE: Measure WW Application George, I have reviewed the Boys and Girls Club project and I believe it is eligible under the WW Local Grant Program. If the project application meets the program guidelines including, but not limited to CEQA, Land Tenure, Budget, operations and Maintenance then I would recommend the application for approval. I think a Joint Use Agreement would be fine. I don't think the City needs to be on the school district lease. Be certain the Joint Use Agreement meets the requirements of Section V of the guide lines. Please send an early draft of the agreement to me for feedback to insure that we are on the right track. Also please send me a copy of the school district lease. As an additional step to insure everything progress properly please send me a copy of all the construction contract documentation you have per page S of the guidelines. I realize you don't have everything yet, but I would like to see what you have so far. J eff Rasm a ss e n Grants Manager I Grants Department East Bay Regional Park District 2950 Peralta oafs Court, Oakland, CA 94605 Tel: 510 544 -2204 I Fax: 5 10-5 69 -1417 Rasmussen eb arl <s.or www. STATEMENT OF CONFIDENTIALITY 1 This electronic message and any files or attachments trans with it may be confidential, privileged, or r Regional Park District. The information is solely for the use of the individual or entity to which it was intended to be addressed. If the reader of this messa� hereby notified that use, distribution, or copying of this e mail is strictly prohibited. If you received this e -mail in error, please notify the sender immediatel; your system. Please consider the environment before you pr-jilt From: Christina Baines To: Ann Marie Gallant; Lara weisiger Date. 8/27/2009 8:20 AM Subject: Fwd: Measure vllW Local Grant Program fyi Marilyn Schumacher rrlarilynschu@gmail.corn 8/27/2009 1:35 AM Dear Honorable City Council Members, It's over. Most of us know it is. And the rest will soon find out. The city can no longer provide the services we have come to expect. Among those services are those offered for decades by the Alameda Recreation and Park Department and our public schools. Revenues no longer support immensely valuable youth programs in the manner we tee[ we are entitled to. Our citizens have spoken loud and clear that maintaining those services is a priority. It's time to open our eyes to other ways our expectations can be met and maybe even be exceeded. Partnering with excellent organizations that can and will fill those gaps is no longer a luxury. It's the way city services must be delivered. And we need only look in our back yard. There is an opportunity before you at your September I meeting. You are in a position to allocate funds for our own `shovel ready' project, the building of a new Alameda Boys and Girls Club facility on OUR west end, yes, OUR west end. You all know the project. 77 of the funds are in place and the City is eligible for Measure WW funds via the ww Local Grant Program. I urge you to allocate 2 million dollars of the funds dedicated to the city via Measure WW. The side benefits to the city are many and have been presented to you over the past years. They are quantifiable: educational opportunities are increased; police services are decreased because better citizens are developed; partnerships with other organizations expand the usefulness of this project by reaching deeper into the community. But the primary benefits go directly to the kids and their families in ways we may not know of for many years. The Youth Development Facility will allow kids to discover interests and talents many of them have NEVER been exposed to and develop them in a clean, safe, secure, and encouraging environment. They are taught respect for others and property. There is guidance when it lacks at home. There is the chance to find dignity and personal worth by learning the value and rewards of a strong work ethic. Mentoring is learned and shared. This project is ready to go NOW. Please vote to allocate two million dollars to the Alameda Boys and Girls Club Youth Development on Monday, September Ist. Maybe it's not really over, once the Alameda Boys and Girls Club Youth Development Center becomes a reality, with your help. Thanks for your kind consideration. Marilyn Schumacher Broker Associate, Harbor Bay Realty 510.814.4709 The Second Story (Blog) http_: ljniarilynschumacher ,blogspot.com Marilyn's Alameda website htt are4s.com I T "Results exceeding the challenges" DRE# 904530 Re: Council Referral #S -A 09-0 Please note Exhibit 4 for Item #6�B on the October 2009 Co uncil meeting will follow under separat....coverl City Council Exhibit 4 to Agenda Item ##6 -E3 1 0 -6 -w®9 C 0 E 0 0 E rd ;Fc LO 4< C31 rz (D CZ 4-0 �-j QL C15 rZ (D 4-0 0 IL Cz Cz 4-A 4-0 (D E (D (D SZ 4-- Cz Cf) 4-0 C: CO (n Cz Z, C O 0 CL ZZ Cz 0 Cz 0 -a CU a) U) (z Cz 0) C C: (D -C Cj 0 CU 0 E 0 Cz rz CL ,a CL C M Q$ 4 (D C4 0 M 2z (0 -C C 0 E 11�r C\j -f--# X 0 C 0 -C 0 U) a) CO -C M CU CU CL X w N CO CO City Council Exhibit 5 to A Item #6.,B 10 =6 -09 _0 C: U; U) w M U m 0 z >1 -C 4 --J 0 CO U) 0 IL C: E 06 4.- U) Cz Cz CD 0 Q) Cz C: N E Cz Cz CD E CM U) 0 Cz C: 7 E (D 0 0 0 :3 0 -a rZ 0 =3 �O 0 4-� 0 4-� 0 cc; 3 C W _0 4-0 E U) r- w C Cz Cz 0 M 0 0 Cz 0 Q) -1--j 0 0 a 0 0 C6 F-- m 0 w City Council Exhibit 5 to A Item #6.,B 10 =6 -09 U; U) 0 U m 0 z >1 -C 4 --J 0 o U) U) CD Q) Cz N E Cz a) E 0 CL Cz E (D 0 0 0 -a rZ 0 =3 �O 0 4-� 0 0 3 CO U) 4-0 0 U) r- _0 r- W rZ 4-a 0 M 0 0 C.0 U) 0 CO 0 0 C6 0 E 0 C6 0 E 72 E -C Cz 0 -C R CD co M C E r cri cz :3 CO 0 CL (3) (1) C CL -0 M Cz C) U) 7 0) :3 7 SZ 0 =3 0 4-j Cz Cz 0 70 4-A 0 (D :3 C15 D 0 C 0 X 0 4-0 0 0 (D 0 7 C: C: -0 0 C� 0 0� 4 L6 City Council Exhibit 5 to A Item #6.,B 10 =6 -09 U) CD 0 4) CL X Ill L p3 M E CCx M 4. 0 An City Council Exhibit 6 t® A Item #6-B 10-6-09 I- T- T- T- T- V- CO N M 0 It 0 M N M 0 0 IQ Q IQ V Q IN-, ZZ zz Q C� N U') 00 LO 14* 0 0 0 0 0 0 Z w ac M CO M U') W 6 c6 6 c6 6 6 6 1.- 0 w It 0 0 (0 w CD Cn C V- 't M r-- (0 "q- w e CV 0� Ld C6 C6 V-: 11: C6 d C6 D M QD M Q N Cf T V- LLI N GC 0 LO 0 0 Ict 0 M M (D C6 6 6 C7 0 0 0 00 0 z U) 't V q W 0 q qj T 5 (6 Cq d L6 C6 C6 V c d C6 z 0 0 M 0 N V l•• CY) D 0 T V- C\J T- LL 0 0 0 0 0 0 0 CL 0 0 P- 0 0 T- U') M 0 C) 0 CO V- M 0 Cy) W o rl_ Q0 (0 19 t I M 4) CN[ L6 C6 C\T 0 t%_ C6 C6 L6 0 M 0 CO 0 04 7-- 1%- CO 0) M 04 04 v- LL CX) 0 0 0 Ui 00 OD -4 6 0 LO C**4 00 00 OD 0 0 0 0 0 0 C> Ck C) C; C; 6 qqr 0 q** t-�- LO 04 (6 cNi C.0 N 00 CL 0) CO >1 4-J 0 E E (D E E 0 2 CO 2 CL E E C E C' 0 0 CO M U- 0) LU Z (D -&-f >1 CO C: 0 cc M 0 0 -0 Cr 0 C L) 0 UJ CO Z CO M -Ci -0 L- C', _ke L J:L co C C (L CO CL 0 0 4-0 CO ca =3 [L 0 C Uj LLI C 0) a. 0) 0 0 0 CM L) 0 E C '8 CD r— _3 C) CU CO M C 0 CO CU LU U. 0 o 0 0 0 T- CL M T- LU U- 0 V- City Council Exhibit 6 t® A Item #6-B 10-6-09 Alameda Boys Girls Club Maintenance Operating Budget Salaries 425,000 Benefits 88 Worker's Comp. 20,000 Training 7 Donations Total Personnel 537,000 Building Insurance 7 Property Insurance 1 Liability Insurance 15,000 Director's Officer's Insurance 3 Accounting/Audit 8,500 Repair Maintenance 7 Custodial Supplies 2,200 Office Supplies 6,500 Printing Mailing 9 Payroll 1,500 Dues Subscriptions 5,000 Advertising Public Relations 8 Utilities 16,000 Miscellaneous 4,000 Telephone 5 Program Supplies 30,000 Camp Field Trips 1 0 Program vehicles 12,000 Total M &O 152 Total Expenses 089 Sources Special Events (net of expenses) 170,000 Interest 150,000 Annual Sponsors 100,000 Donations 125,000 CDBG Grant 18,009 Grants 92 Legacies /Memorials 10,000 Program Fees 30,000 Public Use Fees 5 Total Sources 700 Net Income 10,800 City Council Exhibit 7 to Agenda Item #6 -E3 10-6=09 l'. Iff Date: September 22, 2009 To: Dale Dillard, Director Alameda Recreation, Parks Golf Operations From: Andy Wong Teen Program Coordinator RE: Teen Program overview The following overview is in response to your recent inquiry regarding current teen programs offered through Alameda Recreation and Park Department: Underground Teen Center Club Underground Sumner Drop in Program Total participants: 5,950 per year The Underground Teen Center is located on the bottom floor of the Veteran's Building. The program is designed for Alameda teens attending 6 through 12' grades. Participants are welcome to drop in for supervised after school recreation activities. The Teen Center hours are from after school to 5:30 p.m., Monday through Friday. During holiday breaks, extended breaks, and summer vacations, the center is open from 1 2:00 p.m. through 5 :3 0 p.m. Activities include a wide variety of recreation opportunities such as: creative writing, nutrition education, cooking, instructions on bike repairs, crafts, fitness, sports, and more. Community Service/Volunteer Opportunities: Total participants: 225 annually These programs provide youth with training and placement in various recreation and maintenance functions providing them with the opportunity to gain valuable work experience while fulfilling the requirement for school mandated community service. Enrichment Classes: Total participants: 125 Special Interest instruction includes: Babysitter's Training, CPR and First Aid, Education, Lifeguard and water Safety Instruction (WSI), Karate, Social Dance exercise classes, etc. City wide Teen Events: Friday Night Lights Total participants: 89 (Community BBQ night with sport activities) 'Peen Haunted house Teen Talent Show Teen Job Search Workshop Teen Adventure South Lake Tahoe Teen Badminton Tournament Overnight Mystery Event Del Valle 3 day Camping Excursion Total participants: Total participants: Total participants: Total participants: Total participants: Total participants: Total participants: Teen Internet Drivers Taiko Drumming, 331 (2,307 Hours) 15 performances /197 Audience 38 24 33 24 29 Alameda Youth Advisory Commission The Alameda Youth Advisory Commission provides City policymakers with the unique perspective of the community's youth on municipal issues and matters of concern to young people, to provide a forum for discussion regarding how the City can better serve its youth, and to encourage the participation of youth in local government. There are I I Youth Advisory Commissioners. Cit Council Exhibit 8 to Agenda Item ##6 -13 Joint Use A THE CITY OF ALAMEDA AND THE ALAMEDA BOYS GIRLS CLUB COLLABORATIVE AGREEMENT FOR THE JOINT" USE OF FACILITIES AND ACTIVE USE AREAS THIS JOINT USE AGREEMENT HAS BEEN PRODUCED BY AND FOR THE CITY OF ALAMEDA AND THE ALAMEDA BOYS GIRLS CLUB AS A COLLABORATIVE EFFORT TO STRENGTHEN AND EXPAND RECREATIONAL SERVICES IN THE ALAMEDA BOYS GIRLS CLUB'S YOUTH DEVELOPMENT CENTER AND AT WOODSTOCK PARK. This Joint Use Agreement ("AGREEMENT") IS DATED /2009 b and between the City of Alameda "City a mun.i ipa y lity in Af 0eda Count in the State of California organized and existing under'the laws of the:, tate of California and the Alameda Boys Girls Club, Inc. G B) a 5.01© 3 non -pr df t corporation. RECITAL Whereas, CITY is participating in the .4unding of the struction of the Youth Development center facility and is the `.rner of woodtoe Park, an ad'acent facility, and the CLUB is owner of tenant i`rryernents ors the ro erg known as p p y Woodstock child Development Campus includi'r facilities and active use areas which are capable of egused by Cit.and CLU&.-f r educational and recreational pu rpos± ar`d Whereas, the City any FLU desire to use' and improve FACILITIES for y p co rec ationa `'ar du o cat Onai purposes, and Whereas, this AG R WENT` e.ntered into u rsuant to the provisions an existing p p y g rnuricpa, county, stag, or fed'6r 41 laws Now, therefore, for and is consideration of the collaborative agreements herein contained, the P arties hereto agree as follows: This AGREEMENT will commence as of the date in which the latter of the CITY and CLUB approve and execute this AGREEMENT, and will continue for the duration of the existing lease agreement between the CITY and the CLUB. 2. FACILITIES COVERED The term "FACILITIES" will be used for the purposes of this AGREEMENT to mean the gymnasium and other rooms built by the CLUB as part of their Youth City Council Exhibit 9 to Agenda Item #6 -E Development center with the following exceptions: Teen Center, staff offices, Health screening clinic. And will include the land and facilities existing or built in the future, contained on the Woodstock Park property. Terms of this AGREEMENT will apply to the FACILITIES built and run by the CLUB and any surrounding amenities that may be built by the CLUB in the future that are contained on the leasehold between Alameda Unified school District and CLUB. F. CITY may operate programs using its own staff or may operate programs by contracting with another entity, including but not limited to, the staff of the Alameda Boys Girls club. Entities involved in such contract arrangements will be subject the restrictions listed in Section 3F and listed in any other part of this agreement. 4. SCHEDULING USE of FACILITIES B. CLUB will be responsible for providing utilities, including light, power and water for the reasonable use of CITY. C. Appoint an employee with whom City, or any other authorized agent of CITY, may confer regarding the terms of this AGREEMENT. D. CITY will have the right to make emergency repairs to FACI LITI ES. 6. OBLIGATION of CITY A. CITY will be responsible for any maintenance or repair caused by CITY'S use of the FACILITIES beyond that caused by normal expected wear and tear, C. CLUB agrees to pay electrical, lighting, water, and other utility service costs associated with the normal operation of the FACILITIES. M S. LIABILITIES AND INDEMNIFICATION A. CITY is financially responsible for damages caused by CITY use of Facilities; CLUB is financially responsible for damages caused by CLUB use of FACILITIES. B. CITY will indemnify, defend and hold harmless CLUB, its officers, agents, employees, representatives, and volunteers from damage 5 10. NOTICES A. All notices statements demands, requests, consents, approvals, authorizations, appointments, or designations hereunder by either party to the other will be in writing and will be deemed given and served upon the other party, if delivered personally or three (3) days after depositing in the United states mail, postage prepaid, addressed to: If to DISTRICT: if to CLUB: City of Alameda Alamea Boys Cirls Club 22+63 Santa Clara Avenue F'. Box 1069 Alameda, CA 94501 eda, CA 94501 Z 14- AGREEMENT A. This AGREEMENT sets forth the entire AGREEMENT between the parties with respect to the FACILITIES. Both parties must in the form of a written amendment agree to any modifications. ifications. 15. WAIVER A. The failure of the CLUB or DISTRICT to ins.i.st upon strict Alameda Unified School District go (insert typed nam) President, School Board 7 Cate: September 16, 2009 To: Ann Marie Gallant Interim City Manager From: Dale Dillard, Director Alameda recreation, Parks Golf operations RE: Council Report on 1 010/2009 The Alameda recreation and Park Department continues to offer programs specifically designed for middle school and high school age youth. The main stay of these programming efforts is the Teen Underground Center located on the bottom floor of the. veteran's Building. The Teen Center offers social, educational, physical, and cultural programs, Monday through Friday from 3:00 p.m. to 5:30 p.m. during the school year and expands to approximately 5 hours of daily programming during the summer. See attached for specific program descriptions. In addition, a variety of special interest classes including Driver Training, Baba sitter Training, and employment workshops are also available. The Center also provides a ver extensive volunteer training program to prepare youth for placement in a wide variety of non- profit opportunities in order to fulfill the Alameda Unified school District (AUSD) community service requirements each school year. The Alameda recreation and Park Department utilizes a number of venues to provide special interest instruction in areas such as dance, exercise, cooking, music and drama. The vast majority of these programs are housed in City facilities with a few being provided in specialized private venues such as skating rinks, dance studios, or commercial recreation businesses. The Department also continues to provide free programs to youth in K -0th grade at 10-neighborhood park sites, both during the school year and summer vacation periods. These programs offer sports, music, cooking, music, crafts, drama, and special events. The process for generating a list of projects to allocate grant funds was originally established in the early 1990's to identify potential projects under the original AA Bond Leasure. The key components include: City administrative and field staff compile an ongoing list of projects throughout the year with input from the public and user groups such as youth sports organizations, AUSD, and neighborhood groups, City Council Exhibit 10 to Agenda Item #6 =8 The list is then submitted to the Recreation commission to be reviewed and prioritized. Interested groups are invited to attend. The final list of projects is submitted to council for approval prior to applying for the funding. When Measure WW passed in November 2008 this process was utilized to develo p the current list of potential projects. It should be noted that this list was identified based on the conditions and circumstances present in November 2008. Since the establishment of the list a number of situations and conditions have changed or evolved. For example: The play area at Tillman Park was not identified on the original list, but a recent inspection has noted that due to the age of the equipment and changes in playground safety regulations the area is now out of compliance with current safety guidelines and needs to be replaced. In addition, the increased demand for after school care at Otis school has Intensified the need to replace the existing recreation building at Krusi Park with a more modern and functional space. The pending construction of the new Boy's and Girls club facility and its potential for some type of joint use agreement has eased the urgency of renovating the Woodstock Park Recreation center. Reconsideration of the above changes may result in a shuffling and reorganization of the list. For example if a new list were to be submitted at this point, staff would recommend the following prioritization: Additional projects for consideration include the development of the Alameda Beltline property and a park in the northern waterfront area. Dale Lillard, Director Alameda Recreation, Parks Golf Operations Option I Option 11 1. Replacement of the play area in Tillman Park $100 $100,000 2. Resurfacing of the tennis and basketball courts in Washington $400,000 $400 3. Replacement of the recreation building at Krusi Park $750 $750 4. Renovation of the Littlejohn Park Recreation Center $250 $250 5. Renovation of the play area in Godfrey Park $150 $150 5. Replacement of restroom at Encinal Boat Ramp $200,000 $200 7. Renovation of park pathways at various parks $300,000 $300,000 8. Renovation of field lighting (Leydecker, Washington, Woodstock) $750,000 $250 0. Renovation of the field in coast Guard blousing $250 10. Leydecker Park court Resurfacing $150 11. Renovation to officers club i00 000 $3.4M $2.4 11 Additional projects for consideration include the development of the Alameda Beltline property and a park in the northern waterfront area. Dale Lillard, Director Alameda Recreation, Parks Golf Operations Cltv of Alameda Recreation and Park Coinndvvion 2226 Santa Claret Avenue AZanteda, CA 94501 (510 521-2271 September 11. 2009 Beverl Joluison Honorable Ma Ci of Alameda Cit Council and Cit Mana Re- Measure WW Monies Dear Ms. Joluison, Council Members,, and Ms. Gallant" The City of Alameda blessed with an amazu'm recreation and park system that services the entire con-a-nunit includin preschool c1d]-dren,, school a children,, teens, y oun g adults, adults, seniors, and those Avith special needs. The Recreation mid Park Department strug to maintain qu alit f C� pro and safe facilities on an ever decreasin bud Ject-s have been deferred due to In t� t� PFQJ the lack of available funds, hence it is -somewhat disconcertin that you are even considening crivu"10 precious Measure WW monies to a pn'xrate or that services onl a nihiionit of the citizenship of Alamedia. This conunission stron ur the Cit Council to respect the directive of the voters who supported Measure WW. Ilie voters approved (with their votes) the allocation of funds, fluou Measure w to maintain" ac and improve the cit Recreation and Parks facilities and grounds. t� 'We do not believe the voters chose to support another enti -,,vith Measure WW funds. Had there been a ballot measure for the Alameda Bo and Girls Club. the voters might have supported that proposal. More milportantl all Alainedans would have had an opportunit to choose how their taxes or bond mores xvere distributed. We are deepl concerned that if the Council chooses to support the re for $2 million for the Bo and Girls Club with Measure kV funds, the Recreation and Parks' inoney is g one. It will not come back to tie ver source that was allocated the mone not now, not in the fititure, And, such an action b the Cit�, Council would ne the will of Alameda's citizens and this Commission. The Conunission is unanimousl in a that Measure WW fwids are desperatel needed to keep our parks safe., to expand our current pro which exceeds 35,000 participants annuall and to ac new open space to enhance leisure activities for aU the citizens of Alameda, not J ust a selected fevv. We sincerely hope that the Council votes to preserve the intent of Measure WW funds Sincerel Alameda Recreation and Park Commission TerriBertero O Chair Joseph Resta Vice Chair Lola Broxvn M-1 lute Cooper Jo Kahuanui Gina Maria Bill Soniieman Cc: Dale Millard Re: A Item #6-B 10-06-09 r I a 1 0 ne Y OUM in Alameda are well served b the clot Recreation and Park 0 Department. A small sample follows. Alameda Wee Pla six months to 3 y rs. 01000 Includes development and experimental pla music time, an arts and crafts. i Small Fr 3 y rs. To 3 y rs. 11 mo. Recreation centered pro includes stor tellin g ames, arts *nd craf ts, motor ski I Is and free pla Ti n Tots 4 y rs. To 5 y rs. Recreational centered pro includes stor tellin cookin g ames, music, motor ski I Is, and f ree pla Classes include Akido, ballet, tumblin creative dance, gy mnastics, Ju Hula, movement and tim J azz, tap, and music, 5ports include man sessions in basketball, baseball, soccer, and football 9 lm our cit parks. Club Under picks teens up at Chipman, Lincoln, and Wood middle schools in department vehicles. Children re in order to ride in cit vehicles. Driver Education An interactive Internet course which allows teens to work at their own pace. Tests are g raded immediatel z This committee plans activities for teens such as dances, excursions, 6. Trai ni n communit issues, f undraisi n and man more. This al lows public input from y outh on pro plannin unlike private clubs. FINANCES These pro re public facilitiev parks and buildin What f /S In n ras fruc f x Ire the Cit Council willin to let o order to g g ive two million dollars to a private club? pKS -2 To: The City Council, City Manager and all those concerned Re: Prop WW money Using Prop WW money to help develop the Alameda Beltline Rail and open space is a natural extension of the intent of the drafters of the Prop WW initiative i.e. to acquire open space and develop new parks. The prospect of a park on. the Alameda Beltline Railard is in the 1990 General Plan. The city has set aside the money to buy the land and we have a plan that would promote passive uses. Those uses include an unpaved mountain bike trail, a service road, unpaved walking paths, picnic areas, maybe a faux river and ponds that fill up in the rainy season and provide a habitat for the vernal frogs and other animals. If the ponds and rivers were deep enough. -about 2 -4' in some places it would hit groundwater and provide a place for the little tadpoles to mature. The College of Alameda is going to move their biological sciences into a building in the Marina village Business Park: right adj acent to the Alameda Beltline Railyard. A wildlife interpretive center would be something that would benefit everyone. A hill wou be mice. Perhaps it wo be the something that would cap any toxic soil or ballast that could be graded into one place. We have a rich coastal Indian history that could be featured with an Indian village or something like it. Above all there should be an interest in planting native grasses, trees, sedges, and flowers. As little mown grass as possible. Maybe just a little for kite flying, Frisbee golf, and ball throwing and other such activities. Everyone likes the black berries in the summer. They are very invasive and if we didn't have any at all it would impact the wildlife and w couldn't have an annual Blackberry Festival even year. They only grow at the lower elevations closer to the water source. We are going to find out how to prevent them from taking over everything. A visitors center could pay tribute to our Railroad history and other topics of historical interest. The existing railroad buildings near Sherman Street Gould be used to hold equipment and restored to sell snacks and souvenirs. There would be plenty of parking near the main entrances with picnicking areas close to the parking areas. There is a great interest in community gardens. Jean Sweeney 212 Santa Clara Ave Alameda CA 94501 5105221579 g, �5 S z n l bus line access is convenienti- It N 0 insurance counselin st ick has a lon polic of not allowin circulation of petitions or an si g atherin g We honored that polic b not attemptin to g ather Lures for thIssubmission. na M-1 I r 101 Cry Gas= mn Ro Baer I In m m;:1 p A mn;vi A 51 M -2 :14 55 Santa Clara Avenue Phone: (51U 747-7500 51, v: Nanc Gormlee-l President 9 Fa. x (510) 523-0247 Jo Pratt, ft esWend TDD/ 7Y., (510) 522-7538 Lola Brown, Treasurer Im E '-krause@cLaIameda.,ca-U',," M111fle Lum., Recordin Sm mthomas@malameda.ca.uts Mildrec', No.lan, Cor, I ;espondn Seecret Ale b "51 WIAM. LIE IE as+�ckcentrarxoi nt 151 I r 101 Cry Gas= mn Ro Baer I In m m;:1 p A mn;vi A 51 M -2 W� r�-Xt FK611 ,f Y rZ11 i .ii s