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2009-10-20 PacketCITY OF ALAMEDA 9 CALIFORNIA qPFrT .70 TNTT NEE 7TT\Tr'-4 OF THE CITTV f'-4nTT-NT(-"TT 7\ 7\T PUBLIC UTILITIES BOARD (PUB) TUESDAY OCTOBER 20, 2009 6:00 p.m. Time: Tuesda October 20, 2009 6:00 p.m. Place: Cj� Conference Room, City Hall, corner of Santa Clara Avenue and Oak Street. Roll Call Cit Council, PUB [Note: Board Member Hamm will be present via teleconference from Chattanoo Marriott at the Convention Center, Two Carter Plaza, Chattanoo Tennessee 37402 USA] 2. Public Co ent on A Items Onl An wishin to address the Council/Board on a items onl ma speak for a maximum of 3 minutes per item 3. Adjournment to Closed Session to consider: Cit Council/PUB 3 CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (S4956.9) Si Exposure to Liti Pursuant to Subdivision (b) of Section 54956.9 Name of Cases: Cit Council Vectren Communication Services, Inc. v. Cit of Alameda Nuveen Municipal Hi Income Opportunit Fund, et al. v. Cit of Alameda, et al. Bernard Osher Trust v. Cit of Alameda, et al. 3-B. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (54956.9 Name of Case: Safewa v. Cit of Alameda City Council 3-C. WORKERS' COMPENSATION CLAIM (54956,95) Claimant: Arthur Brandt A claimed a Cit of Alameda 4. Announcement of Action Taken in Closed Session, if an Adjournment Cit Council, PUB verl h layor t- IJ U Z!) I 118 Authorit of the City of Alameda 701 Atlantic Avenue Alameda, Califomia 94501-2161 TEL: (510)'747 --4300 FAX: (510) 522-7848 TDD: (51.0) 522-8467 DATE TIME LOCATION Tuesda October 20, 2009, 7:25 PM Cit Hall, Council Chambers, Room 390,2263 Santa Clara Ave., Alameda, CA Welcome to the Board of Commissioners of the .H Authorit of the Cit of Alameda meetin Re Board of Commissioners meetin are held on the first Tuesda of each q uarter in the Council Chambers at Cit Hall. Public Participation An wishin -to address the Board on a g enda items or business introduced b Commissioners ma speak for a maximum of three minutes per a item w hen the subject is before the Board. Please file a speaker's slip with..the Housin Authorit Executive Director if y ou wish to address the Board of Commissioners. PLtr--:DG E OF ALLEGIANCE 1 ROLL CALL Board of Commissioners 2. CONSENT CALENDAR is Consent Cale it are considered routine and will be approved or accepted b one motion unless a re .for removal for discussion or explanation is received from the Board of Commissioners or a member of the public. 2-A. Minutes of the Re Board of Commissioners meetin held Jul 7, 2009. Acceptance is recommended. 2-B. Recommend Extension of Floorin Replacement Contract with Ba Area Contract Carpets. Extend the contract with Ba Area Contract Carpets for one y ear for Can amount not to exceed $154,000 to replace floor coverin in Housin Authority Special Meeting of the Board of Commissioners October 20, 2009 9M properties, and authorize the Executive Director to execute the extension with Bay Area Contract Carpets. 2 -C. Execute the Services and Compensation Agreements and provide a Grant of Easement to Comcast of Alameda, Inc. 3. AGENDA 3 -A. lone. 4. ORAL COMMUNICATIONS, Non Agenda (Public Comment 5. COMMISSIONER COMMUNICATIONS, (Communications from the Commissioners) 5. ADJOURNMENT Note: Materials related to an item on this agenda submitted to the Board of Commissioners after distribution of the agenda packet are available for public inspection in the Housing Authority of the City of Alameda, 701 Atlantic Avenue, Alameda, CA 94501 during normal business hours. Sign language interpreters will be available on request. Please contact Carol Weaver, Secretary, at 747-4325 voice or 522 -8487 TDD at least 72 hours before the meeting to request an interpreter. Accessible seating for persons with disabilities (including those using wheelchairs) is available. Minutes of the meeting are available in large print. Audiotapes of the meeting are available on request. Please contact Carol Weaver at 747-4325 voice of 522 -8457 TDD at least 72 hours prior to the meeting to request agenda materials in an alternative format, or any other reasonable accommodation that may be necessary to participate in and enjoy the benefits of the meeting. Ile 1 r CITY OF ALAMEDA 9 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 shou�d be submitted in writing and only a summary of pertinent points presented verbally. 3. Applause and demonstration are prohibited during Council m AGENDA REGULAR MEETING OF THE CITY COUNCIL '1'UE S DAY OCTOBER 20, 2 0 0 9 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. oral 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 Councilmembers may speak for a maximum of 3 minutes per agenda item when the subject is before Council. Please file a speaker's snip with the Deputy City Clerk if you Irish to address the City Council SPECIAL MEETING OF THE CITY COUNCIL 6:00 P.M. CITY COUNCIL CHAMBERS CONFERENCE ROOM Separate Agenda (Closed Session) SPECIAL MEETING OF THE HOUSING AUTHORITY BOARD 7:25 P.M. OF COMMISSIONERS, CITY COUNCIL CHAMBERS, Separate Agenda SPECIAL JOINT MEETING OF THE CITY COUNCIL, ALAMEDA 7 :31 P.M. REUSE AND REDEVELOPMENT AUTHORITY, AND COMMUNITY IMPROVEMENT COMMISSION, CITY COUNCIL CHAMBERS Separate Agenda 1. ROLL CALL City Council 2. AGENDA CHANGES 3. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS 3 -A, Proclamation Declaring October as Domestic Violence Awareness Month. E (Economic Development) 4. CONSENT CALENDAR Consent Calendar items are considered routine and will be enacted, approved or adopted by one motion unless a request for removal for discussion or explanation is received from the Council or a member of the public 4 -A. Minutes of the Special and Regular City Council Meetings held on October 6, 2009. (City Clerk) 4 -B. Bills for Ratification. (Finance) 4 -C. Recommendation to Award the Abandoned Vehicle Touring Contract to A &B Towing. (Police) 4 -D. Adoption of Resolution Approving the Form of and Authorizing the Execution and Delivery of a Purchase and Sale Agreement and Related Documents with Respect to the Sale of the Seller's Proposition 1A Receivable from the State; and Directing and Authorizing Certain Other Actions in Connection. Therewith. (City Manager) 4 -E. Final Passage 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. (City Attorney) 5. CITY MANAGER COMMUNICATIONS (Communications from City Manager) 5 -A. Civic Center Plan (Carnegie Referral) 6. REGULAR AGENDA ITEMS 6 -A. Adoption of Resolutions Appointing Nielsen Tam as a Member of the Commission on Disability Issues; Appointing Suzanne Whyte as a Member of the Library Board; and Reappointing Michael B. Cooper and Terri Bertero Ogden as Members of the Recreation and Park Commission. 6-B. Recommendation to accept the Annual Investment Report for Fiscal year 2008 -2009. (Finance) 6--C. 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) by Adding Subsection 30- -5.14 (e) to Require Administrative Use Permits in Non- Residential. 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 from September 15, 2 0 0 9 Community Development) 6--D. Public Hearing to Consider Introduction of ordinance Amending the Alameda Municipal Code by Amending Chapter XIII (Building and Housing) by Adding Article I, Section 13.13 (Alameda Green Building Code) to Adopt the 2008 Edition of the California Green Building Standards Code. (Community Development) 7. ORAL COMMUNICATIONS, NON AGENDA Public Comment) Any person may address the Council in regard to any matter over which the Council has jurisdiction or of which it may take cognizance, that is not on the agenda 8. COUNCIL REFERRALS Matters placed on the agenda by a Councilmember may be acted upon or scheduled as a future agenda item 8 -A. Analysis of SunCal Initiative. (Mayor Johnson) 8 -B. Consider Supporting Proposed AC Transit Board Resolution 09--51 Setting Policy for Buying American Goods. (Coun.cilmember Matarrese) 9. COUNCIL COMMUNICATIONS (Communications from Council) Councilmembers can address any matter, including reporting on any Conferences or meetings attended 10. ADJOURNMENT City Council Materials related to an item on the agenda are available for public inspection in the City Clerk's office, City Hall, Room 380, during normal business hours Sign language interpreters will be available on request. Please contact the City Clerk at 747 -4800 or TDD number 522- -7538 at least 72 hours prior to the Meeting to request an interpreter Equipment for the hearing impaired is available for public use. For assistance, please contact the City Clerk at 747 -4800 or TDD number 522 -7538 either prior to, or at, the Council Meeting Accessible seating for persons with disabilities, including those using wheelchairs, is available Minutes of the meeting available in enlarged print Audio Tapes of the meeting are available upon request Please contact the City Clerk at 747-4800 or TDD number 522-7538 at least 48 hours prior to the meeting to request agenda materials in an alternative format, or any other reasonable accommodation that may be necessary to participate in and enjoy the benefits of the meeting CITY OF ALAMEDA e CALIFORNIA SPECIAL JOINT MEETING OF THE CITY COUNCIL, ALAMEDA REUSE AN D REDEVELOPMENT AUTHORITY (ARRA) AND COMMUNITY IMPROVEMENT COMMISSION (CIC) TUESDAY OCTOBER 20, 2009 7:31 P.M. Location: CLty—C-0.14ncil Chambers, Cit Hall, corner of Santa Clara KAAA'AR 11"XXIK-A� Avenue and Oak Street Public Participation An wishin to address the Council /Board /Commission on a items or business introduced b the Council/Board/commission ma speak for a maximum of 3 minutes per a item when the sub is before the Council /Board /Co Please file a speakerys slip with the Deput Cit Clerk if y ou wish to speak on an a item 1. ROLL CALL Cit Council, ARRA, CIC 2. CONSENT CALENDAR Consent Calendar items are considered routine and will be enacted, approved or adopted b one motion unless a re for removal for discussion or explanation is received from the Council/Board/Commissioner or a member of the public 2-A. Minutes of the Special Joint Cit Council and Communit Improvement Commission Meetin held on October 6, 2009. [Cit Council, CIC] (C it y e r k) 2-B. Recommendation to Authorize the Interim Executive Director to Si a Letter of A in the Amount of $11, 400 with the Greater Alameda Business Association for Fiscal Year 2009- 2 0 0 [CIC (Economic Development) 2-C. Recommendation to Authorize the Interim Executive Director to Enter into a Contract in the Amount of $96,089 with the West r Alameda Business Associa for Fiscal Year 2009-2010. [CIC (Economic Development) 2 Recommendation to Authorize the Interim Executive Director to enter into a Contract in the Amount of $10S,874 with the Park Street Business Association for Fiscal Year 2009-2010. [CIC] (Economic Development) 2 -E. Recommendation to Authorize the Interim Executive Director to Enter into a contract in the Amount of $40,000 with the Alameda Chamber of Commerce for Fiscal Year 2009-2010. [CIC] (Economic Development) 2-F. Recommendation to Approve and Appropriate a $200,000 Bronfields Subgrant Agreement to Assist in the Fleet Industrial.. Supply center Fire Cleanup. [CIC] (Economic Development) 3. REGULAR AGENDA ITEMS 3-A. Pub.l is 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 Dense ty Bonus Units and Incentives or Concessions to Developers that voluntarily Provide for Affordable Mousing Units as an Element of Their Residential Development Project. [City Council]; and Adoption. of Resolution Amending Resolution No. 04 -121 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 Least 15%. [CIC] (Continued from September 15, 2009) (Community Development) 3-B. Recommendation to Authorize the Interim. city Manager/ Interim. Execu --ive Director to Negotiate and Execute a Contract Frith. Environmental Science Associates for the Preparation of an Environmental Impact Report for Alameda Point Redevelopment Project in an Amount Not to Exceed 2 Million. [City Council /.ARRA (Community Development) o b 11V UZ I I I V_ C7 Authorit of the Cite of Alameda 701 Atlantic Avenue Alameda, California 94501-2161 TEL (510) 747-4300 FAX: (510 522-7848 TDD: (510) 522-8467 MINUTES REGULAR MEETING OF THE BOARD OF COMMISSIONERS OF THE HOUSING AUTHORITY OF THE CITY OF ALAMEDA HELD TUESDAY, JULY 712009 The Board of Commissioners was called to order at 7:36 p.m. PLEDGE OF ALLEGIANCE 1 ROLL CALL Present: Commissioner deHaan, Gilmore, Matarrese, Tam, Torre and Chair Johnson Absent: None 2. CONSENT CALENDAR Commissioner Tam moved acceptance of the Consent Calendar. Commissioner Torre seconded. Motion carried unanimousl Items accepted or adopted are indicated b an asterisk. *2-A. Minutes of the Re Board of Commissioners meetin held April 7, 2009. Minutes were accepted. *2-B. Approved Awardin a Contract to Overland Pacific Cutler, Inc. for Relocation Services for an Amount Not to Exceed $157,000, and Authorize the Executive Director to Execute the Contract. *2-C. Awarded a Contract to Tree Sculpture Group, Inc. for On Landscape Maintenance Services Startin Jul 8, 2009, for $99,096, and with the Option to Renew the Contract for Up to Two Additional One-Year Terms with Increases of 2 Percent the Second Year and 2.5 Percent the Third Year, Contin Upon Fundin and a Good Contractor Performance Evaluation and Authorized the Executive Director to Execute the Contract. 3-A. Ac Two Housin Complexes from the Filipino American Communit Services A at 745 Lincoln Avenue and 1416 Sherman Street in Alameda. Executive Director Michael Pucci stated in October 2008 the Housin Authorit approached the Board of Commissioners with a proposal to purchase these two properties. The Housin Authorit has been mana the properties since the earl 19902s for the Filipino American Communit Services A (FACSA). The Housin Authorit has HABOC Item #2-A CC 10-20-09 Minutes of the Board of Commissioners Regular Meeting July 7, 2009 i r been able to operate them as affordable housing with a small yearly surplus. PACSA will no longer be operating as a non profit and agreed to sell the property to the Housing Authority for $1.00 each. The Housing Authority will assume existing debt and make repairs to the property. The existing debt totals $1.6 million; the first mortgage is $360,000 with U.S. Bank, and the second is $1,300,000 with Alameda County HOME loans. The Housing Authority has been trying to negotiate refinancing of the first mortgage and get the HOME loans transferred to the Housing Authority. The County is willing to transfer at 3% simple interest, deferred for at least 3 years. The first mortgage is problematic to refinance because of the turmoil in the banking industry; the best option given was to fully collatorize the loans but it doesn't make sense to do that. The Housing Authority also researched borrowing from the Community Improvement Commission and City of Alameda. It was decided that the Housing Authority has operating reserves for managed housing to make a short -term loan until the banking industry stabilizes to refinance later. Mr. Pucci said the Housing Authority its proposing to: 1. Approve the acquisition of 745 Lincoln Avenue and 1416 Sherman Street from the Filipino American Community Services Agency; and 2. Approve setting up a loan with Housing Authority reserves in the amount of $360,000 at 4% interest amortized over 30 years; and 3. Explore other financial institutions for a loan or loans with favorable rates and terms; and 4. Authorize the Executive Director to execute the loan documents and close escrow for the acquisition of these two properties. Chair Johnson asked about an appraised value for the properties. Mr. Pucci responded an appraisal was done at total value of $2.4 million. Chair Johnson asked if the loans are original. Mr. Pucci responded affirmative. Commissioner deHaan questioned the amount from the reserve fund. Mr. Pucci explained it is an operating reserve for Anne B. Diament which is currently over $1 million. Mr. deHaan asked if this would jeopardize the reserve. Mr. Pucci stated no. Commissioner 11latarrese asked why housing in -lieu of funds from redevelopment were not used for a loan instead of the operating reserve. Mr. Pucci explained the housing in -lieu funds is one account managed by the Development Services Department and is more flexible, with no restriction under the Guyton settlement agreement, keeping the funds available for other programs. Leslie Little, Development Services Department, explained they have limited sources of funding for moderate affordable housing programs and it was difficult to relenquish these funds for lour or very -lover income housing projects. Their total collection of affordable housing dollars must go to low or very -lour construction, with very fever sources for moderate income units. Minutes of the Board of Commissioners Regular Meeting July 7, 2009 Page 3 Commissioner Matarrese questioned why housing in -lieu funds could not be used for this purchase. Mr. Little reiterated that this would take array almost all funding for moderate income programs. Commissioner Matarrese questioned hoer the in -lieu funds are used. Ms. Little said they have no restrictions and the provisions are for low, very lover, and moderate income. This would take array all of the money available for moderate income programs such as the Dorn Payment Assistance program. Commissioner Matarrese asked if there were other funds available. He expressed his concern about using operational reserves. Ms. Little said there is a 20 percent set aside and explained the deed restrictions attached to the set aside. Commissioner Matarrese explained the cost to build is more expensive than to purchase and develop these nine units. Mr. Little said these units are already in the affordable housing inventory and will not be counted as new units. The bigger concern is that the Dousing Authority wants to restructure all the financing on the units in the future and have no restrictions. Chair Johnson asked if these are original loan balances. Mr. Pucci responded yes. The Housing Authority has been paying on the U.S. Bank loan but not on the Alameda County HOME loan. Chair Johnson asked the interest rate on the Alameda County HOME loan. Mr. Pucci responded 3 percent simple interest. Chair Johnson asked if the loan balance escalates. Mr. Pucci responded yes. Commissioner Tarn asked if rents cover the payments and shover a positive. Mr. Pucci responded yes and the rents will also add to the reserves. Commissioner Tarn asked if all nine units were occupied. Mr. Pucci responded yes. Commissioner Tam asked about relocating tenants during renovations. Mr. Pucci explained tenants will be moved to other Housing Authority complexes during rehabilitation. Commissioner Gilmore asked if the amount requested from the operating reserves is $360,000. Mr. Pucci confirmed yes. Commissioner Gilmore asked if the $1.3 million for the HOME loan is for the assumption and if there will be deferred payments for at least two years before paying any principal interest. Mr. Pucci said yes. Chair Johnson asked ghat the current amount is oared on the Alameda HOME loan, with interest. Mr. Pucci said the interest was forgiven. Chair Johnson asked if future interest will be forgiven. Mr. Pucci believes, unless there is no surplus, interest may be owed. Commissioner Tarn moved acceptance, Commissioner Torrey seconded. Motion carried unanimously. 1. Approved the acquisition of 746 Lincoln Avenue and 1416 Sherman Street from the Filipino American Community Services Agency; and 2. Approved setting up a loan with Dousing Authority reserves in the amount of $360,000 at 4% interest amortized over 30 years; and Minutes of the Board of commissioners Regular Meeting July 7, 2009 1 =0q'AA 3. Explore other financial institutions for a loan or loans with favorable rates and terms; and 4. Authorized the Executive Director to execute the loan documents and close escrow for the acquisition of these two properties. 4. ORAL, COMMUNICATIONS Speaker Mina Katoozian asked about the Dousing Authority waiting list for senior citizens for her parents. In 2004 her parents filed for affordable housing with the Dousing Authority and said the records were lost. she explained her experience with the Housing Authority and asked for assistance. Mr. Pucci explained that the waiting list for the elderly was opened in May. He said it Is too difficult to determine when her parents will be selected because selection is done randomly as a lottery. Additionally, unit turnover is low at Dousing Authority senior complexes. Ms. Katoozian said they applied in 2004 and their application is not on record. Ms. Katoozian did not keep a copy of their 2004 application, just a copy of a guide. Chair Johnson said a new list has been established. Mr. Pucci said it may take less than five years to come to the top of the new waiting list. Chair Johnson expressed her sympathy and talked about the shortage of affordable housing. Ms. Katoozian has heard of cases where people do get housing quickly. chair Johnson asked her to submit information in writing to her or the city Manager. Commissioner deHaan said her point of contact is Mr. Pucci. Commissioner deHaan asked for ongoing feedback from Mr. Pucci. Mr. Pucci said absolutely and added the Housing Commission meets July 15 and these are items the Commission will discuss. Chair Johnson asked if the 2004 records are missing. Mr. Pucci replied no, the records are in order. Commissioner deHaan asked if the 2004 list was depleted. Mr. Pucci said a few families remain on the list and waiting lists are not blended. A new list is developed after the 2004 list is depleted. chair Johnson questioned why the speaker believed all of the 2004 records are gone. Mr. Pucci does not understand and will look into the records. Commissioner Matarrese asked for written procedures. Mr. Pucci said the 2004 waiting list is separate from the new list. Names are pulled until the list is depleted, preferences are given to Alameda citizens and veterans. Commissioner Matarrese asked for an off- Agenda report to explain the rules. Mr. Pucci responded affirmative. 5. COMMISSIONER COMMUNICATIONS None. 0. ADJOURNMENT There being no further business, chair Johnson adjourned the meeting at 7:59 p.m. Minutes of the Board of Commissioners Re Meetin Jul 7, 2009 Attest: Pa 5 Beverl Johnson, Chair Michael T. Puccl Executive Director Secretary Ho usin r 9 Authorit of the Cit of Alameda 701 Atlantir, Avenue Alameda., California 94501 -2161 Tel: (514) 747 -4300 Fax: (510)522-7848 TDD: (510) 522 -8467 To: honorable chair and Members of the Board of Commissioners From: Ann Marie Gallant Interim chief Executive officer Date: October 20, 2009 Re: Recommend Extension of Flooring Replacement Contract with Bav Area Contract Carpet ImAxonmej ato1�T7 The Board of Commissioners previously approved an agreement between Bay Area Contract Carpets and the Housing Authority on September 4, 2007 (see attached report from September 4, 2007 meeting). This contract was extended for a second year in 2008 and can be extended for a third and final year. The contractor is not requesting a price increase and is holding to his original bid. DISCUSSION This year's budget includes $154,000 for replacement floor covering at Housing Authority properties. Floor covering is replaced as needed .to prepare a unit for. a new occupant. In addition, floor covering should be replaced on a. cyclical basis in all occupied units. Vinyl flooring in kitchens and bathrooms is scheduled for replacement every 12 years. carpeting is evaluated every five years for either cleaning or replacement. FINANCIAL I M PACT The Housing Authority has $154,000 budgeted for replacement floor covering for this fiscal year. During the year, the funds available will be used to prepare vacant units.for new occupants. Nearing the end of the year when a better idea of ghat funds gill be available, units requiring new floor covering under the cycle schedule will be completed. This ensures that the budgeted amount is not exceeded. An estimated 80 units will receive new floor covering this fiscal year. HABOC Item #2 -B CC 10 -20 -09 Honorable Chair and October 20, 2009 Members of the Board of Commissioners Pa 2 of 2 RECOMMENDATION Extend the floor replacement contract with Ba Area Contract Carpets for one y ear for an amount not to exceed $154,000 to replace floor coverin in Housin Authorit properties, and authorize the Executive Director to execute the extension with Ba Area Contract Carpets. Respectfull submitted, qr Michael T. Pucci Executive Director B Keivan Abidi Reconstruction Specialist 11 Attachment: 1. September 4, 2007 Board of Commissioners Meeting Attachment 1. to A Item #2-B CC Attachment v 10-20-09 HABOC V 4 Housin 1 0 t �fi C Au thor* C' larir,.ed-a '1 0" (1,1M2-`-7848 -T DD: (5 0` 5 -1 2L2-84'- I j I 70" Atitanti Avenue Alam eda, Onliform a 94 50 f -2) 6 Te -430C Fax. To Honorable Chair and Members of the Board of Commissioners From: Debra Kurita .Chief Executive Officer Date- September 4, 2007 Re, Award of Flooring Contract BACKGROUND This y ear's bud includes 5162,500 for replacement floor coverin at Housin Authorit properties. Floor coverin is replaced as needed to prepare a unit for a new occu p ant. In addition, floor coverin should be replaced on a c basis in all occupied units, Vin floorin in kitchens and bathrooms is scheduled for replacement ever 12 y ears. Carpetin is evaluated ever five y ears for either cleanin or replacement. DISCUSSION The Housin Authorit issued an Invitation for Bids IFB for a floor coverin contract on Jul 5, 2007. Bids were received Au 2, The Housin Authorit re bids to replace carpetin and vin in each size of unit, based on the avera size of units. This method is more efficient for the Housin Authorit and the contractor.who has a list of properties b unit size with the vin and carpeted areas provided. Four bids welre received; three of them were determined to be responsive. The bids were, Floorcoverin 9 Ba Area Contract Carpets, Oakland East Ba Floorin Ha Desi Floorin S Ha Studio 684,00 744.00 840 00 Carpet One 78 2.7 5 8 5 2. 00 962-50 Two I Three 1, 14 C, 00 11240.00 1,453,40 1 582.00 1,516-00 1.932,00 Four 1 738.50 S 1,891 M S 2,311,90 Five 2, 1 2185M 2,61'0.9 Studio 411,50 S --700.00 1 655.00 I I One Two S 445M 668,00 S S 735.00 750 72- 1 50 1 3 0 0, 15 0 Vi n Y I Throe 1-058-00 1 M8�00 2, 022 0 0 4 FOU r 1 �232.50 1,260-00 Z- '2- 8 9 Five 11,256.00 1,296.00 2,670. 5 Totals] S 12,879.90 l 4, 2 43. 0 0 20J 39.25 HABOC 2 I tem 09- 0 4 0 Hor- Oracle Chair anc Members �D o'em� De'_ 20u.1; r r� qtr -z f�N 2 r ta�'e; ol 2 -1 E B ay ,area C:) i L 1-1 I she o e �e p rs .v b'd er, �aSe e S+ ar'ar dle��, �.��.��hls wfa� ��afe`� fie;:�r, F i1orK.e 1 n H o r k r^s r z E z j (t j i r r t rri ri ]E a r i r c:: i r-, S S,.{ m M S i �.J 3 E f Q LJ L U P L 7 S. J t3 V Y L f t,/ L..J 3 L.J i. 3 E L4 a�'� ti L..�1 s d SJ 3 'U i j r C I m e r-� J L� BUD S ID= J rIe l�� t. slri u l r h am �;d e te 0r rep1 -3cem, flog 'or i�3 fiscal year. Tc `a e 3 has beep expended leavme appro; i �a -el 'D i 0 a iailarle for the m r of the fiscal dear. C uriF k he 9rea �r pad of the year= the four as availab e ��ill lie used c prepare acan- units for new occupar��s. l�earir�� she en end the year 'w a be 4 ::1 f ha f r' S vv*i' be vailao e. units rep u r; r e Poor co,�erin� i uncer th ��cle �e 'll be r Ieled. his ensures Lhat t e F 3 C U e d amount I's not exceec-1,eo, he propc��ed contrac� specifies the dollar amour o e pa o Icr eaCn un L l size. in accordanceil the foes yid surried, i he corract also Spec[fieS a r�oo exceed amount of S F-54 Additional corgi -rol of expenditures will be thr ough L-he purchase order system which rea uires r ar a er er approval on all orders. A oopv of +he contracy is on file it th city clerk's Office and in Lhe Ho A�uthority"s public refe binder, c0M ME NDA -1 The HousinW CCImmission and chief 'Executive Officer recrDmmend the Boat of 1ommissioners Approve awaraino a contract. to Bay A ►ea corIfract carpets for an amour nod to exceed 154 a,nd to 2, Auth Criz e the Execut, e Dia ..(W o1 t o execute th conU act. Respe ctfully submiLLeu, M 1chael T P u cci Executive D i ecto r E s r, �Y; E lleen DU 71 Y L� i f-I 11 J Lra4 e aL ��9 V a C�iue Atta�'rnr ien 4 Ho usi na Authori 701 Atlan#io Avenue Alameda., California 94501 -2161 w Tel: (510) 747 -4300 Fax: (510 )522.7848 TDD: (5 10) 522-8467 To: Honorable Chair and Members of the Board of Commissioners From: Ann Marie Gallant Interim chief Executive officer Date: October 20, 2009 Re: Execute the Services and compensation Agreements and provide a Grant of Easement to Comcast of Alameda Inc. I !a Z n "CC] PTi� When Comcast of Alameda, Inc. (Comcast) acquired the franchise agreement from Alameda Municipal Power (AMP) in October, 2008 they also assumed the underlying Services and Compensation agreements and Right of Easement for the existing television cabling installed throughout the Housing Authority's properties. DISCUSSION In June 2009, Comcast approached the Housing Authority to formalize this .transfer and requested that the Authority enter into their standard agreements. The Housing Authority staff, in conjunction with the city Attorney's office, negotiated changes in the agreements. The Agreements are for a ten year period. Nothing contained. in these Agreements precludes any other television cable provider from providing services to Housing Authority tenants. FINANCIAL IMPACT Comcast is proposing to compensate the Housing Authority in the amount of $00,555 within 45 days of execution of the agreements. i Execute the Services and Compensation Agreements and provide a Grant of Easement to Comcast of Alameda, Inc. HABOC Item ##2 -C CC 10 -20 -09 Honorable Chair and Members of the Board of Commissioners Respectfully submitted, Michael T. Puccl Executive Director MTP:bh October 20, 2000 Page 2 of 2 Attachment: 1. sample Agreement for Anne B. Diarnent Plaza Attachment 1. to Agenda Item #2 -+C CC 10-20 -09 I---fABOC SERVICES AGRE EMENT This Services Agreement (the "AgreenneIlt" is dated .tune 12, 2009, and is between Corncast of Alameda Inc. (the "Company"), and Alameda Mousing Authority (the "Owner who owns certain real estate and improvements thereon located at 920 Park Street, Alameda, CA 94501(the "Premises"), commonly known as Anna B. Dia vent Senior Plaza consisting of 65 residential units plus any units added or constructed in the future. The Company has been granted a franchise by an authorized governmental agency (the "Franchise Authority to construct and operate a cable communications system in Alameda, California (the "City The Owner desires to provide broadband services to the Premises, including, but not limited to, multi- channel video, high speed data, information and voice services (collectively, the "Services") and the Company is willing to install, maintain and operate a broadband communications system for such purposes on the Premises in accordance with the terns and conditions below. The parties, for good and valuable consideration, intending to be legally bound, agree as follows: l The System a) The Company has installed, and shall operate, maintain and repair, all facilities necessary to transmit the Services to the Premises (the "Company win'ng All work shall be done by the Company in a proper and workmanlike manner in accordance with Federal Communications Conmnission "FCC regulations, industry standards and local codes, unless otherwise provided in this Agreement. The Company shall be responsible for all costs and expenses incurred by it in operating, maintaining and repairing the System. b) The cable home run wiring and cable home wiring has been installed at the Premises (the "Inside wiring The System shall consist of the Company wiring and the Inside wiring. rTlie Company shall operate, maintain and repair the System. The Company agrees to repair and/or replace any damage to the Premises resulting from the operation, maintenance or repair of the System, except as otherwise provided in this Agreement.. The Company will be responsible for obtaining all necessary permits, licenses and approvals in connection with the operation of the System. C) Neither the owner nor anyone operating on its behalf shall tap into, use or otherwise interfere with the System or any portion thereof for any purpose. The Company wiring is and will remain the personal property of the Company. The Inside wiring is and will remain the property of the owner. The Company shall have the right to interconnect with and use any telephony inside wiring facilities, cross connect facilities and other telephony related facilities owned or controlled by Owner that may become necessary or useful for the provision of the Services to the residents, whether or not such facilities are owned, installed, controlled or maintained by the Company. 2. Easement The owner has the authority to grant and does hereby grant an easement in favor of the Company to place its lines across the Premises and to operate the System, and shall cause such easement to run with the Premises. The owner hereby agrees to execute the forma. of easement attached hereto as Exhibit A. 3 Access The owner sh a)1. allow Company personnel to enter all common areas of the Premises for the purposes of auditing, selling or disconnecting service, installing, maintaining, repairing, replacing or ren the System or any other equipment and apparatus connected with the provision of the Services and shall use reasonable efforts to assure the Company access to any parts of the Premises over which it does not have control for the same purposes. The owner shall cooperate with the Company to prevent (1) the unauthorized possession of converters or channel selectors and (ii) the unauthorized reception of the Services. 4. Delivery of Services The owner has the authority to grant and does hereby grant to the Company during the term hereof the right to operate, maintain, repair and replace, as necessary, the System on the Prem ses and to deliver the Services to the Premises, unless otherwise required by applicable law. owner shall not enter into a bulk services agreement with another service provider to provide services sin lar to the Services during the terra of this Agreement regardless of the method used to deliver such services to the Premises. 5. Fees and Char es for Services. The terms, conditions, charges and fees for the Services provided to residents at the Premises shall be contained in contracts between the Company and individual residents. The owner assumes no liability or responsibility for service charges contracted for by residents. All billing and collections from residents will be accomplished by the Company. G. Customer Service The Company shall provide customer service in accordance with its franchise agreement with the Franchise Authon'ty. The Company will maintain a local or toll --free telephone number which will be available to its subscribers twenty -four (24) hours a day, seven (7) days a week. Company representatives will be available to respond to customer telephone inquiries during normal business hours. The Company will begin working on service interruptions promptly and in no event later than the next business day after notification of the service problem, excluding conditions beyond the control of the Company. 7. Private Reception Devices. Notwithstanding anything else in this Agreement to tine contrary, the Company shall not interfere with the right of an individual resident to install or use his own private reception device. s. Interference If any device or facility belonging to a resident or the owner does not comply with the technical specifications established by the FCC, including, but not limited to, signal leakage, which interferes with the Company's deli very of the Services, the Company reserves the right to discontinue the Service to the Premises or at the Company's discretion, to the individual unit until such non-conformance is cured by the owner or resident, as the case may be. 9. germ This Agreement, when duly executed by both pal shall constitute. a binding agreement between the owner and the Company and their respective successors and assigns for ca term of ten (10) years. This Agreement shall automatically renew for successive periods of ninety (90) days unless either party shall provide the other with a minimum sixty (60) days notice of its intention not to renew at the end of the then current term. 10. Insurance The Company agrees to maintain public liability insurance and property damage liability insurance as required by the Company's franchise agreement with the Franchise Authority. Upon request, the Company will provide the Owner with a certificate evidencing such insurance. 11. Indemnification The Company shall indemnify, defend and hold harmless the owner, its personnel, directors, agents and representatives from or against any and all claims, damage or expense arising out of the actions or Omissions of the Company, its personnel, directors, agents and representatives with respect to the installation, operation, maintenance or removal of the System and the Services provided to residents at the Pre n'ses pursuant to this Agreement. To the fullest extent permitted under applicable law, the Owner shall indemnify, defend and hold harmless the Company, its personnel, directors, agents and representatives from and against any and all claims, damage or expeizse arising out of the actions or omissions of the owner, its personnel, directors, agents and representatives. 12. Limitation of Li abi lit h TBE COMPANY SHALL NOT ICE LIABLE TO THE OWNED. FOR SPECIAL, INCIDEN'T'AL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LI1\41TED To FRUSTRATION OF ECONOMIC OR BUSINESS EXPECTATIONS, LOSS OF PROFITS, LOSS OF CAPITAL, COST of SUBSTITUTE PRODUCT(S), FACILITIES OR SERVICES, OR DOWN T IME COST, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 13. Termination. a) Default In. the event either party defaults in the performance of any of the material terms of this Agreement, the non defaulting party shall give the defaulting party written notice specifying the nature of such default and identifying the specific provision in this Agreement which gives rise to the default. The defaulting party shall have sixty (60) days to either (1) notify the non-- defaulting party that no default occuiTed and provide reasonable proof thereof, (ii) cure the default, or (iii) if such default is incapable of cure within such sixty (60) day period, commence curing the default within such sixty (60) day period and diligently pursue such cure to completion. In the event if the defaulting party falls to do so within such sixty (60) day period, the non defaulting party may terrninate this Agreement upon thirty (30) days written notice without further liability of either party. b) Permanent Loss of Authority This Agreement shall terminate automatically without any further liability on the part of the Company in the event the Company lacks authority to continue to provide the Services to the Premises due to loss of governmental authorization. This clause, however, shall not apply to periods of transition, such as franchises subject to review, transfer or reapplication, or where termination is the subject of dispute. 14. Removal of Company Wiring a) Upon expiration or termination of this .Agreement far any reason, the Company shall have a period of six (6) months during which it sham be entitled, but not required, to remove the Company wiring. The Company shall promptly repair any damage to the Premises caused by such removal. 16. Marketincr Sup-port. Owner shall provide exclusive Marketing Support for the Services. The term "Marketing Support" shall include, but not be limited to, owner's presentation of the Company's marketing materials for the Services, including, but not limited to multi- channel video, high speed Internet and voice services to existing and prospective residents. .Marketing materials may include, at the Company's discretion, brochures, channel lineups, door hangers, service descriptions, and information regarding prices and special offers. All marketing materials shall be provided by the Company. 17. Miscellaneous. a Force ajeure The Company shall not be liable for failure to construct or to continue to operate the System during the term hereof due to acts of God, the failure of equipment or facilities not belonging to Company [including, but not limited to, utility service), denial of access to facilities or rights -of -way essential to serving the Premises, government order or regulation or any other circumstances beyond the reasonable control of the Company. b) Assi n abili t Bindin cy Effect. This Agreement may be assigned by either party. The assignee shall agree in wri tin.g to be bound by all the terms and conditions hereof. In the event the owner sells, assigns, transfers or otherwise conveys the Premises to a third party, the Owner shall give the Company prior written notice of such change of ownership or control. Owner shall cause any new owner or controlling party to expressly assume this Agreement and agree to be bound by its terms. This Agreement shall be binding upon the parties and theii respective successors and assigns. C) Applicable I..,aw This Agreement shall be governed and construed in accordance with applicable federal laws and regulations and by the laws of the jurisdiction in which the Premises are located, without regard to its choice of law principles. d) Invalidity. If any provision of this Agreement is found to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement will not be affected or unpaired. e Recordi n_cy The Company may record this .Agreement or a memorandum summarizing the material terms) in the public records of the county in which the Premises are located. f) Notices All notices, demands, requests or other communications given under this A greernent shall all be in writing and be given by personal delivery, United. States Postal Service, or nationally recognized overnight courier service to the address set forth below or as may subsequent) v in writing be requested. If to the owner: Alameda Housing Authority 701 .atlantic Avenue Alameda, CA Attn: Robert Haun If to the Company: Corncast Cable 3055 Co east Place Livermore, Ca 94551 With a copy to: Comcast Cable Communications, LLC One Comeast Center Philadelphia, P.A. 19103 Attn.: General Counsel g Entire Acyree gent• amendments. All recitals set forth above are hereby incorporated into the body of this Agreement. This Agreement, including all exhibits attached, constitutes the entire agreement between the parties and supersedes all prior agreements, promises and understandings, whether oral or written. This Agreement shall not be modified, amended, supplemented or revised, except by a written document signed by both parties. 11} Authority Each party represents to the other that the person signing on its behalf has the legal right and authority to execute, enter into and bind such party to the commitments and obligations set forth herein. LN WITNESS WHEREOF, the Parties have caused thIs A to be executed b their dul authorized rtpresenLatives as of the daLe firs'L written above. OWNER Alameda Housincr Authorit Z::� .11 Approved a to F rM B 2 Name- L G �J INbE L RA Title: COMPANY Comcast of Alameda, Inc. B Name: Henr Fore Title: Area Vice President COMPENSATION AGREEMENT TMS COMPENSATION AGREE -MEND is made and entered into this June 12th day of, 2009, by and between Conzcast of California, Inc. (the "Company and Alameda Housing Authority, (the "Owner"), who owns or has control over certain real estate and improvements thereon located at 920 Park Street, .Alameda, CA 94501 (the "Premises" consisting of 65 residential units. WHEREAS, the Company and Owner desire to enter into an Installation and Services Agreement pursuant to which the Company will provide broadband communications services to the Premises, including, but not limited to, multi channel Video, Internet and voice services; WHEREAS, in exchange for such rights, the Company will pay Owner per unit fee as set forth herein. NOW, THEREFORE, for good and Valuable consideration, the parties, intending to be legally bound, agree as follows: 1 As consideration for Owner entering into a ten (10) year Services Agreement (the "Agreement with the Company, granting the Company, among other things, the right to provide its services to the Premises, the Company agrees to pay Owner a per unit fee of $115.00 (total $7,475.00 (the "Per Unit Compensation)) payable within forty --five (45) days after the execution of this Compensation Agreement and Agreement by both parties. Owner shall submit a completed w -9 form and a Vendor Profile, if requested by the Company, upon the execution of this Compensation Agreement. 2) Owner's right to receive the Per Unit Compensation described herein shall terminate upon termination of the Agreement. 3) Owner represents, warrants and covenant's to the Company that: a) Owner is, validly existing and in good standing under the laws of the jurisdiction in which it is organized. b Owner has full authority to enter into this Compensation AaDreeme� t and the Agreement and to perform its obligations under both agreements. 4) In the event either party defaults in the performance of this Compensation Agreement, the non defaulting party shall give the defaulting party written notice specifying the nature of such default and identifying the specific provision in this Compensation Agreement which gives rise to the default. The defaulting party shall have fifteen 1.5) days to either (i) notify the non defaulting party that no default occurred, (ii) cure the default, or (iii) if such default is incapable of cure within such fifteen 15) day period, commence curing the default within such fifteen 15) day penod and diligently pursue such cure to completion within thirty (30) days. If the defaulting party fails to do so within the time frames specified in the preceding sentence, the non-- defaulting party may terminate this Compensation Agreement. 5 In addition to any and all other remedies available to the Company at lave or in egp1ty, in the event the Agreement is terminated for the uncured default of the Owner, (i) this Compensation Agreement shall terminate irnrnedi atel y, (ii) Owner's right to receive the Per Unit Compensation shall telninate ini ediately and (iii) Owner shall refund to the Company a portion of the Per Unit Compensation paid by the Company up to the date of termination in an amount equal to (A the total Per Unit Compensation paid to the date of telTm'nation, divided by (n) the number of years in the term of the Agreement, multiplied by (C) the number of years remaining in the tern of the A cyreement as of termination date of this Compensation ID Agreement. 6) This Compensation Agreement may not be assigned by Owner, without the prior written consent of the Company. 7) This Compensation Agreement shall be governed and construed in accordance with the laws of the jurisdiction in which the Premises are located. 8) All notices, demands, requests or other communications given under this Compensation Agreement shall be in wn'ting and be given by personal delivery, certified mall, return receipt requested, or nationally recognized overnight courier service to the address set forth below or as may subsequently in writing be requested.. If to Alameda Housing Authority: 701 .Atlantic .Avenue Alameda, Ca 94501 Attn: Robert Haun If to the Company: Com -cast Cable 3055 Corncast Place Livermore, Ca 94591 Attn Business Services Group 200 owner Compensation Agreement 2 10/07 With a copy to: Comcast Cable Cormn.unications, LLC One Comeast Center Philadelphia, PA 19103 Attn General Counsel 9 This Compensation Agreement constitutes the entire agreement between the parties regarding the Per Unit Compensation and supersedes all prior agreements, promises and understandings, whether oral or written. This Compensation Agreement shall not be modified, amended, supplemented or revised, except by a written document signed by both parties. 0 Each party represents to the other that the person signing on its behalf has the legal right and authority to execute, enter into and bind such party to the commitments and obligations set forth herein. IN WITNESS WHEREOF, the Parties have caused this Compensation .Agreement to be executed by their duly aut horized representatives as of the date first written above. Alameda Rousing Authority Approved as rm tz $y: Marne: Title: Comeast of Alameda, Inc. By: Marne: Title: 200 owner Compensation Agreement 3 10/07 RECORDING RE BY AND WHEN RECORDED RETURN TO Corneast of Alameda eda Ines 3055 Comcast Place Livermore, CA 94951 Attention: on :racts/]BSG Manager Documentary Transfer Tax: $0. No VALUE. No Consideration Based on Full value, R&T Code §11911 Signature of Declarant arant On behalf of Comcast or is affiliates 070-0181-037-02 SPACE ABOV' This Grant of Easement (the "Easements') dated this 12th dad' of June, 2009 by and between Alameda Dousing Authority, its successors and assigns "Grantee and Corncast of Alameda Inc. "Grantor Grantor and Grantee are parties to a Services Agreement dated June 12, 2009 pursuant to which Grantee provides certain broadband communications services to the property described below (the "Premises In consideration of One Dollar ($1.00), Grantor, hereby grants and conveys to Grantee, its successors and assigns, an easement in gross and right --of -way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct., inspect and remove at any time and from time to time a broadband communications system (hereinafter referred to as the "Company Wiring consisting of wires, underground conduits, cables, pedestals, vaults, and including but not limited to above ground enclosures, markers and concrete pads or other appurtenant futures and equipment necessary or useful for distributing broadband services and other like communications, in, 01.1, over, under, across and along that certain real property (the "Premises located in the County of Alameda, State of California described as follows: Address Range(s) and Streets): 920 Park Street City 1 State Zip Code: Alameda, CA. 94501 AP (s 070- 0181 037 -02 (if multiple APN's, include in legal description) Commonly Known As: Anna B. Diarnent Senior Plaza LEGAL DESCRIPTION: (See Attachment A) Grantor agrees for itself and its heirs and assigns that the Company wiring on the Premises shall be and remain the personal property of the Grantee and may not be altered, obstructed or removed without the express written consent of the Grantee. The Grantee, and its contractors, agents and employees, shall have the right to trim or cut trees and/or roots which may endanger or interfere with the Company Firing and shall have free access to the Compan Wirin and ever part thereof, at all times for the purpose of exorcisin the fi h(�.-ffein g rantod. ided, however. he provi that in makin an excavation on the Premises. t Grantee shall make the same in such manner as will cause the least ii to the surface of the g round around such excavation, and shall replace the earth so removed b it and. restore the area-, to as near the same condition as it was prior to such excavation as is practical. This easement shall run with the land and shall terminate six (6) months after the Compan termination of Services to the Premises after which, upon Owner's written re the Compan promptl will execute a reasonable termination of Easemerit that Owner ma record to evidence the termination thereof. Executed this da of GRANTOR-. Alameda Housin Authorit B Name: Print or t Title: �or A pra��ed as to ,All CaENERAL. 20 ATTACHMENT A LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE STATE OF CALIFORNIA., COUNTY OF ALA IIEDA, WITH A SITUS ADDRESS OF 929 PARK ST, ALAMEDA. CA 94501 -5272 CURRENTLY OWNED BY HOUSING AUTHORITY OF THE CIT YCF ALAMEDA HAVING A TAX ASSESSOR DUMBER OF 070- 9181 037-02 AND DESCRIBED IN DOCUMENT NUMBER 62296 RECORDED 05/17/1974. State of California Count of ME before me, (here insert name and title of the officer) Personall appeared Name(s) of Si who proved to me on the basis of satisfactor evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowled to me that he/she/the executed the same in his/her/their authorized capacit and that b his/her/their si on the instrument the person(s), or the entit upon behalf of which the person(s) acted, executed the instrument. I I certif under PENALTY OF PERJURY under the laws of the State of California that the fore para is true and correct. WITNESS m hand and official seal. 5 (Seal) Proclamation WHEREAS, each year, approximately 3 million children observe one of their parents NOW BE IT RESOLVED, that I, Beverly J. Johnson, Mayor of the City of Alameda, do hereby declare the month of October 2009 to be D&MZWW1 VC01e4icR1 A w "a4wsk Mary in Alameda and urge residents of Alameda to participate in events and avail themselves of information to increase communijy.„awareness of this serious health and societal issue. abusing the other parent; and WHE children living n homes with domestic violence are 1 i g t more l to be neglected, and 70% will be physically or sexually abused; and WHEREAS, man children witnessing domestic violence come to belie h g e e t at violence �s acce to l a suff b e p and �r ,severe eznational, physical and behavioral consequences; an 4 WH EREAS o 3� f I s bet�reen. �11e a es �f 13 �.S r� ort the nave ex er�enced physical p p viol d violen ce I e rl 1 a da n r ela g tronshrp, :an WHV r-z Alamedactlrnf destie violence suer tie n un dre inc g several h nr o h a ve be en led b ter abuses :and W��T5, thou ds amore ncludln Cllild n f am f riends �1 r ....and nee hbors suffer g f rom the ill f fe�ts_of d� ne t c �riolence ire their lives ana ne ghborhoods; and W ff I S l aw enforceme n l e t o la s, n r taI health and ublle health protessi ls non- p o profit agnles, faith- -based orgariatons, naturaleI ers, and residents of Al ameda r nl2e that d�orr est.e r o er ce is :unacce ob: 1 g e and that breaking the circle of r o ence re qu1 re s a focused and co( rdinated community resp onse and E E 45, the Co unci l f the l o lameda declai ed Alameda a Domes ti c i v of n Fr e ce 1 V iolence- Fr e e n C a WHEREAS, the C ity f Alameda coordinates closely with. Family violence Law y Center, and Building Futures with wome and Children to rovide comp rehensive p p crisis intervention and support services for domestic violence victims in Alameda. NOW BE IT RESOLVED, that I, Beverly J. Johnson, Mayor of the City of Alameda, do hereby declare the month of October 2009 to be D&MZWW1 VC01e4icR1 A w "a4wsk Mary in Alameda and urge residents of Alameda to participate in events and avail themselves of information to increase communijy.„awareness of this serious health and societal issue. LJNAP PROVED MINUTES OF THE SPECIAL CITY COUNCIL MEETI TUESDAY- OCTOBER 5, 2009- -6:00 P.M. Mayor Johnson convened the Special Meeting at 5:10 p.m. ROLL CALL Present: Council- members deHaan, Gilmore, Matarrese, Tam, and Mayor Johnson 5. Absent: None. The Special Meeting was adjourned to Closed Session to consider: 09- Conference with Legal Counsel Anticipated Litigation 54956.9 (b) Number of cases: One. 09- Conference with Labor Negotiators; .Agency negotiators: Karen Willis and Craig Jory; Employee organizations: All Bargaining Units; and (09- A Conference with Labor Negotiator; Agency negotiator: City Council Subcommittee; Employee: Interim city Manager. Follow -Ing the Closed Session, the Special Meeting was reconvened and Mayor Johnson announced that regarding Anticipated. Litigation Council received a briefing from Legal Counsel and provided direction to Legal Counsel; regarding All Bargaining Units Council received a briefing on the status of labor negotiations; no action was taken; and regarding Interim City Manager Council received a briefing; no action was taken. Adjournment There being no further business, Mayor Johnson adjourned the Special Meeting at 7:40 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Speclal Fleeting Alameda City Council October 6, 2009 UNAPPROVED MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- -OCTOBER 6, 2009- 7: 3 0 P.M. Mayor Johnson convened the regular meeting at 7:48 p.m. ROLL CALL Present: Councilmembers deHaan, Gilmore, Matarrese, `Warn, and Mayor Johnson 5. Absent: None. AGENDA CHANGES 09-- Mayor Johnson announced that the Recommendation to .Amend the Measure WW Proposed Project List [paragraph no. 09- would be continued; and the Resolution of Appointment [paragraph no. 09- was addressed before the Consent Calendar. The Interim City Manager stated receiving the bond counsel opinion [on Measure WW funding] could take thirty days; the item would be placed on the next City Council agenda if the letter is received in time. PRCCLAMAT I ON S SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS 09- School Board Member Tracy Jensen stated tomorrow is the Ninth Annual 'balk Roll to School Day; the Alameda County Safe Routes to Schools Program selected Alameda as one of the cities to work with on a year -round basis; announced Councilmembers would be at various schools. 09- Proclamation Recognizing the Benefits of Public Power and Honoring Alameda Power and Telecom for Its Contributions to the Community. Mayor Johnson read and presented the proclamation to Public Utilities Board Member Peter Holmes; stated Alameda is much greener than other competitors. Mr. Holmes stated approximately seventy percent of all energy used in Alameda is green, renewable energy; thanked Council for the recognition; stated this week is the national celebration of Public Poorer Week. Mayor Johnson inquired what percentage of Pacific Gas Electric' s (PG &E' s) portfolio is renewable, to which Mr. Holmes responded significantly less than Alameda. Regular Meet -ng Alameda C? ty Cormit 1 October 5, 2009 The Alameda Municipal Power (AMP) General Manager stated PG &E's percentage is approximately 12% to 13%; the State is setting a goal of 33% by 2020. Vice mayor deHaan stated Alameda is 83° carbon free and 63° renewable. The AMP General Manager stated that Alameda owns hydroelectric power which counts as carbon free, but the law does not recognize it as renewable; Alameda is number one in the State in terms of renewable power. Mayor Johnson stated plugging in an electric car in Alameda is truly green. 09- Proclamation Declaring October as Disability Awareness Month. Mayor Johnson read and presented the proclamation to Audrey Lord Hausman, Commission on Disability Issues Chair. Ms. Lord- Hausman thanked Council for the proclamation; stated that she is accepting the proclamation in memory of Commissioner Adrienne Longley -Cook, who passed away two weeks ago; noted the Special Services Resource Faire will take place on October 24. REGULAR AGENDA ITEM 09- Resolution No. 14387 "Appointing Cullen L. Jones as a Member of the Housing Commission (Senior Tenant Seat)." Adopted. Councilmember Matarrese moved adoption of the resolution. Councilmember Tam seconded the motion, which carried by unanimous voice vote 5. The City Clerk administered the oath of office and presented. a certificate of appointment to Mr. Jones. Mr. Jones stated that he is honored to serve. CONSENT CALENDAR Mayor Johnson announced that the Recommendation to Authorize the Purchase of Four Marked Ford Crown Victoria Police vehicles [paragraph no. 09- 1 and Introduction of ordinance [paragraph no. 09- were removed from the Consent Calendar for discussion. Regular Meeting Alameda City Coiinc i l October 6, 2009 Councilmember Natarrese moved approval of the remainder of the Consent Calendar. Councilmember Tam seconded the motion, which carried by unanimous voice vote 5. Items s❑ enacted or adopted are indicated by an asterisk preceding the paragraph number.] *09- Minutes of the Regular City Council Meeting held on September 1S, 20090 �09- Ratified bills in the amount of $2,936,123.46. 09- 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. Vice Mayor deHaan stated Dodge Charger models did not pan out; inquired whether Dodger Chargers [purchased in Fiscal Year 2007 2 0 C 8 would be replaced. The Police Lieutenant responded in the negative; stated the four cars recommended for replacement are older Ford Crown victorias. Vice Mayor deHaan inquired how many miles are on the older cars. The Police Lieutenant responded three of the four cars have been taken out of the fleet due to irreparable damage; stated two were involved in traffic accidents; another car has 135,000 miles and has rear axel damage; stated the fourth car has 107,000 miles. Nice Mayor deHaan inquired whether any purchases were made last year, to which the Police Lieutenant responded in the negative. Nice Mayor deHaan moved approval of the staff recommendation. The Interim City Manager stated staff has been working with an outside consultant who has been very successful in converting large agency fleets to totally green; staff is committed to making the conversion over the next eighteen to twenty -four months; currently, some older cars are a challenge; opportunities exist for departments to go to clean fuel; petroleum based cars are needed sometimes. Councilmember Matarrese inquired whether two of the cars are old and two were damaged in accidents. The Police Lieutenant responded all of the cars are old; two of the cars were damaged in accidents and not repaired. Regular Meeting Alameda C- ter Council 3 October 6, 2009 Mayor Johnson inquired whether other Police Departments quit ordering Dodge Chargers. The Police Lieutenant responded that he has not heard any positive comm ents regarding Dodge Chargers. Vice Mayor deHaan inquired whether Ford has announced that it will not make police cars next year. The Police Lieutenant responded Ford has made the statement several times, interceptor models were to be phased out in 2008; now, the date has been pushed out to 2011 or 2012. Councilmember Tam seconded the motion, which carried by unanimous voice vote 5. *09- Recommendation to Adopt P1C,ns and Specifications and Authorize a Call for Bids for the Alameda Harbor Bay Barge Replacement Project, No. P.W. 0 6-0 9 -19 Accepted. *09- Recommendation to Reject the Sole Bid and Resolution No. 14388 "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." Adopted. *09- Resolution No. 14389 "Authorizing the Interim City Manager or Designee to Negotiate and Execute a Financial Assistance Agreement from the State Cater 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 Cuter Pump Stations."" Adopted. *09-- Resolution. No. 14390 "Authorizing the Interim City Manager or Designee to Negotiate and Execute a Financial Assistance .Agreement from the State Cater 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." Adopted. 09-- 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. Regular Meeting Alameda City Council 4 October 6, 2009 Councilmember Tam stated the Public safety contract process calls for a committee to be formed to have management and public safety unions sit at a table and develop a mutually agreeable retiree medical benefit; one of the public safety contracts states that the committee would begin meeting within thirty days of the Memorandum of Understanding (MOU) which was adopted on August 3; that she assumes the committee met. The City Attorney stated the proposed ordinance is the first step necessary to make Changes to the retiree medical benefits for future public safety employees; public safety employees hired after November 1, 2009 would have medical retirement benefits suspended until the group meets to determine the benefits; the process may take a while; the first step in the process is to have Council change the benefits for future public safety hires. Councilmember Matarrese inquired whether future negotiations would set benefits, not proposed ordinance, to which the City Attorney responded in the affirmative. Councilmember Gilmore inquired whether amending the ordinance is a prerequisite to getting negotiators together. The City Attorney responded in the affirmative; stated otherwise, an overlap would occur; until the ordinance is changed, the provision for fully paid medical and dental benefits for retirees and spouses wou d apply to [public safety] employees hired; the ordinance needs to be changed so that there is some certainty about benefits for near hires. Councilmember Gilmore inquired whether introduction of the ordinance is being done as are. abundance of caution, not necessarily because there are plans to add new hires to either of the public safety units. The City Attorney responded in the affirmative; stated the ordinance would also be.a notice to future hires that retiree medical benefits will be whatever is negotiated. Councilmember Tam inquired whether [public safety] employees hired after November 1, 2009, retiree healthcare benefits would be pending and contingent upon the group reaching a mutually agreeable provision, to which the City Attorney responded in the affirmative. Councilmember Tam inquired whether a mutually agreeable provision would need Council approval and to go through the public safety labor groups' process before being incorporated into the respective Regular Meeting Alameda City Council J October 6, 2009 MOU' s, to which the city Attorney responded in the affirmative Counci lmenlber Tarn inquired ghat would happen if a mutua l y agreeable option does not occur, to which the city attorney responded it is possible that it could reach an impasse. Coun ci member Ta.m inquired whether new hires are represented through a bargaining unit. The City Attorney responded existing employees are represented by the MOU; people who have not been hired have no rights under the MOU; amending the ordinance is important so that confer rights are not placed upon people who have not yet been hired. Councilmember Gilmore inquired whether an individual hired in December 2009 would take the position knowing that they are not entitled to any retiree healthcare benefits, to which the City Attorney responded in the affirmative. Vice Mayor deHaan inquired whether a new hire would not be entitled to healthcare benefits for five years, to which the City Attorney responded it depends on the bargaining group. Mayor Johnson stated that she does know of any other city that has the same retiree medical benefits; hopefully, the committee can work together to agree on a proposal to the Council that works for the City long term; the current healthcare benefits provided to public safety retirees and spouses is much too generous; other employees' retirement benefits are much lower. The Human Resources Director stated newly hired public safety employees would be entitled to the same retirement healthcare benefits as other [non public safety] employees, which is the minimum employer contribution of approximately $101 per month toward the premium. Mayor Johnson stated amending the ordinance would wipe the slate clean to work out a new agreement. Councilmernber Gilmore stated. the City cannot sustain the current benefits provided to public safety; inquired whether the bargaining units would need to ratify whatever the committee comes up with for Council approval. The Human Resources Director responded the process would be very similar to any meet and confer issue; stated the matter would go to the bargaining unit for a ratification vote and would then come to Council for a vote before being implemented. Regular Meeting Alameda City Council 6 October 6, 2009 Counci lmembe r Tam stated that she would like clarification on the City Attorney stating that a new hire [public safety] would not receive any benefits versus the Human Resources Director stating that a new hire would receive the same benefits as other City employees. The Human Resources Director stated a newly hired public safety employee who is vested and retires under PFRS would be eligible for the PFRS medical retiree health benefit of approximately $101 per month that the employers pays toward the medical premium in accordance with the PFRS contract. Mayor Johnson stated moving forward on the matter is necessary; retirees receive a more extensive benefit than employees because there is no Cap; taxpayers pay the full cost of whatever plan the retirees picks for themselves and their spouse; changes need to be made; that she is glad the first step has come to Council. Councilmember Matarrese moved introduction of the ordinance. Nice Mayor deHaan seconded the motion, which carried by the following voice vote: Ayes: Councilmembers deHaan, Gilmore, Matarrese, and Mayor Johnson 4. Abstention: Councilmember 'Tarn 1. *09-- ordinance No. 3001 "Amending the Alameda Municipal Code by Adding Section 59 at Article IV to Chapter II Pertaining to Contracts in Writing."' Finally passed. *09- ordinance No. 3002 "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." Finally Passed; *09- A o rdinance No. 3003 "Amending ordinance No. 1277, N.S. to Rezone Approximately 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." Finally Passed; *09- B )ordinance No. 3004 "Amending ordinance No. 1277, N.S. to Rezone Approximately 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." Finally Passed; *09 C ordinance No. 3005 "Amending ordinance No. 1277, N.S. to Regular Meeting Alameda City council 7 October 6, 2009 Rezone Approximately 2.78 .Acres Located at 2100 Clement Avenue/-924 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." Finally Passed; *09- D Ordinance No. 3006 "Amending Ordinance No. 1277, N.S. to Rezone Approximately 1.9 .Acres Located at 1913 Sherman Street, APN 074 0906.031 -08, from M-1 -PD, Intermediate Industrial. (Manufacturing) Planned Development Dis t.rict to R-2--PD, Two Family Residence Planned Development District Zoning Designation." Finally Passed; and *C9- E )Ordinance No 3007 "Amending Ordinance No. 1277, N.S. to Rezone Approximately 2. 1 Acres 1S90/1616 Fortmann Tray, APN C72- 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 S_x Properties into Conformance with the General Plan and Housing Element."' Finally passed. CITY MANAGER COMMUNICATIONS 09- Telephone Contract Update The Deputy City Manager gave a brief presentation. Councilmember Gilmore inquired whether the new system would provide the exact location of a 911 call, to which the Deputy City Manager responded that she would check. Councilmember Gilmore stated that she would like the new system to have clear transfer and conference buttons. Councilmember Tam inquired whether the new system would have conferencing ability, to which the Deputy City Manager responded in the affirmative. Councilmember Gilmore inquired whether the City has the bandwidth to handle everything. The Interin City Manager responded staff initially estimated a cost savings of $165,000 per year; the $165,000 savings could be used to do something with the overall City computer system, turning a liability into an asset. 09- Proposition 1A Securitization Proposal The Deputy City Manager gave a brief presentation. Regular Meeting Alameda City Council 8 October 5, 2009 Councilmember Matarrese inquired whether the State has to pay money back or Can Choose to keep the money until it borrows money again. The Deputy City Manager responded the State has to pay the money back In three years; Continued the presentation. In response to Mayor Johnson's inquiry, the Interim City Manager stated the State is running a revolving loan program at cities' expense; the City should participate if there is no downside in terms of loss of money to the City; the City should participate as .long as the interest rate comes out in the City's favor; that she has a philosophical problem with the issue. Mayor Johnson inquired whether the interest rate has been set. The Deputy City Manager responded the interest rate has been set at 2%; the City is making a Little more; the State Department of Finance rate will stay fixed through 2013. Vice Mayor deHaan inquired whether the State would take three years to pay the money back, to which the Deputy City Manager responded in the affirmative. Vice Mayor deHaan stated the City participated in the program last time, and then the State came up with the money within two months. The Deputy City Manager stated the State is paying the full cost associated with the issue this time. The Interim. City Manager stated the construct is that cities would participate because the market is down; staff would not recommend participation unless it is in the City's best financial interest. Nice Mayor deHaan stated the State can take money within a ten year window; inquired when the ten year window is up. The Deputy City Manager responded the first take was in FY 2004- 2005 or FY 2005 -2006. Vice Mayor deHaan inquired whether the League of California Cities is contemplating any other action. Councilmember Tam responded in the affirmative; stated that she would report on the League proposed ballot measure [under Council Communications]. Councilmember Gilmore inquired whether the City has lost $6.8 this fiscal year between property taxes and redevelopment funds. Regular Meeting Alameda City Council. 9 October 6, 2009 The Interim City Manager responded $7.8 million has been taken in fifteen months. Vice Mayor deHaan inquired whether staff has any idea of what the State's shortfall will be next year. The Interim. City Manager responded estimates are approximately $15 billion; however the State's Last error factor was 30%. 9--- City- School District Linkages Update The Interim City Manager gave a brief presentation. Councilmember Matarrese stated that he hopes to discuss the notion of the state allowing school districts to dispose of assets for the purpose of funding operations; that he would not like to aid and abet something that five years from now would cause lots of trouble. The Interim City Manager stated a recurrent revenue streams solutions are needed; housing has some opportunities. Councilmember Matarrese stated the matter should be discussed and proceeding needs to be done very careful. Nice Mayor deHaan inquired whether the amount of funding the City provides to support schools has been reviewed. The Interim City Manager responded the list has not been updated. REGULAR AGEN ITEMS Recommendation to Amend the Measure WW Proposed Project List to Include a $Z 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. Continued. Recommendation to Accept the Report of the Economic Development Commission's (EDC) Business Retention Subcommittee. Justin Harrison, EDC Subcommittee Chair, gave a brief presentation. Mayor Johnson inquired whether the high start up fees are building department fees. The Economic Development Director responded start up and build out Regular Meeting Alameda City Council 10 October 6, 2009 permit fees are expensive in addition to the time involved; stated some fees are out of the City' s control, such as the Health Department, ABC Licenses, and school District. Councilmembe Tam stated people think that parking costs are an issue; the City's parking costs are only fifty cents per hour. Mr. Harrison stated that people think costs businesses pay as fees for providing Clientele parking are high. Mayor Johnson inquired Mr. Harrison is referring to an in -lieu fee, to which Mr. Harrison responded in the affirmative. Councilmember Tam stated most of the positive survey responses seem to be around 22% to 24%; inquired at what threshold does the EDC Consider a matter to be worth addressing. Mr. Harrison responded the survey revealed that a lot of people do not know about certain programs. Councilmember Tam stated the public loves the Police Department; that she is puzzled to find that over sixty percent do not grant to be contacted by a City representative or EDC member. Mr. Harrison stated a lot of people participated in the anonymous survey; a lot of people just granted to provide input. Vice Mayor deHaan stated past EDC surveys indicated a strong desire for an ombudsman; inquired whether there is better interface with retailers now. The Economic Development Director responded assistance is provided; stated the 'Idea of having one person take an individual through the whole process for a fee still is mentioned; working with the same person and having consistency are important; hopefully, merging Economic Development with the Community Development Department will improve customer service. Councilmember Gilmore stated for years the Community Development Department had a customer service team; the one stop permit center was one of the recommendations; inquired whether the EDC reviewed the matter; stated many areas overlap. The Economic Development Director responded one of the EDC recommendations is to continue customer service review; stated the report provides helpful recommendations, such as updating the City's website Regular Meeting .Alameda City Council October 6, 2009 Mr. Harrison stated the Subcommittee did not receive responses on immediate issues, such as advertising or City help to attract new businesses; responses dealt with long term issues; a separate Subcommittee reviewed at business attraction; the process will be refined in the future. Councilmernber Matarrese thanked the EDC for the hard work; stated having permit information available on the website is necessary; people expect to do business through mobile locations; that he wholeheartedly supports the website recommendation which could reap benefits with a relatively small output. Mayor Johnson stated improving facilities has always been an issue for new businesses; consolidating the Economic Development and Community Development Departments will help time is money for businesses; that she hopes to see big improvements in the next several months. Mr. Harrison thanked Economic Development staff for working so hard on the report. Mayor Johnson stated Economic Development seems to have a good line of communication with businesses; the street soaping project has done great things for individual business as well as the entire business district. Mr. Harrison stated the Subcommittee heard good things about what Economic Development does for businesses. Vice Mayor deHaan moved approval of the staff recommendation. Councilmem.ber Matarrese seconded the motion, which carried by unanimous voice vote 5. ORAL COMMUNICATIONS, NON AGENDA 09- Jean Sweeney, Alameda, submitted a handout; discussed the Alameda Point Development Initiative; encourage the Initiative be thrown. out. Counci lmem.ber Tarn stated the submitted Election Code page is in very small print; inquired whether said page is from the City's website, to which the city Clerk responded the page is from the State's website. Vice Mayor deHaan stated concerns have been raised; inquired who would be the staff point person to address the concerns. Regular Meeting Al amPda City Col- inci.1. 12 October 6, 2009 The Interim City Manager responded the initiative is not the City's initiative. The City Clerk stated the City Clerk' s office verified that all Election Code requirements were met, verified that the proponent is a registered voter, and followed the typical process before accepting the initiative petition. Vice Mayor deHaan inquired whether the City Clerk saw the petition that was circulated. The City Clerk responded the format and every signature and declaration of circulation page was reviewed. Vice Mayor deHaan inquired whether there is a discrepancy in the title. The City attorney responded that she does not know the facts; stated the summary and title prepared by the City .attorney's office should have been used. Vice Mayor deHaan inquired where an individual would go to discuss the issue. The City Clerk stated the title in the text of the initiative differs from. the City Attorney' s title; the same situation applies to the firefighter initiative; the City only has control over the title drafted by the City Attorney's office; the City Attorney's title was published and was on the front page and every signature page of the circulated petition. Vice Mayor deHaan inquired whether there should be some consistency, to which the City Attorney responded that she does not know the facts. Vice Mayor deHaan inquired whether people can come to the City Attorney to discuss the matter. The City Attorney responded that she -is always willing to discuss the matter; stated the City .attorney's office cannot provide legal advice to corm members. Mayor Johnson stated people can challenge the issue; the City is limited and cannot be the resource for every question that comes up. Councilmenber Matarrese inquired what process would need to be used to challenge the issue; further inquired whether someone would need Regular Meeting Alameda City Council 13 October 6, 2009 to hire an attorney and file a lawsuit. The city Attorney responded in the affirmative; stated the City Attorney' s office cannot provide .legal support services to the general community. COUNCIL REFERRALS Norge. COUNCIL COMMUNICATIONS Consideration of Mayor's nominations for appointment to the Commission on Disability Issues, Library Board and Recreation and Park Commission. Mayor Johnson nominated Nielsen Tam for the commission on Disabilitv Issues; Suzanne Whyte for the Library Board; and Michael B. cooper and Terri Bertero Ogden for the Recreation and Park Commission. Councilmember Tarn stated that she attended the League of California Cities Annual Conference along with Vice Mayor deHaan and Councilmember Gilmore; the voting delegates passed three resolutions; one dealt with encouraging local jurisdictions to enact ordinances or policies that would hold the host responsible for under aged drinking that occurs at property under the host's possession, control, or authority; the voting delegates also passed a resolution that requests the League to put forth a ballot measure for the November 2010 election that would c =can up the loopholes of Proposition 1A; the League conducted a poll in May 2009 that Showed the level of public confidence with the State Legislature and Governor declined to a historic low; it is the right time to demand reforms. Favor Johnson stated that she is glad people are paving attention to what the State is doing. Councilmember Tam stated the League is eliciting the help of the local officials to try to gather at least 100 signatures from each City. Mayor Johnson inquired whether Councilmember 'Tarn would get signature forms. Councilmember Tam responded in the affirmative; stated City resources cannot be used for political activity; further stated the last resolution passed by the voting delegates dealt specifically Regular Meeting Alameda City Council 14 October 5, 2009 with Southern California Edison and requested sending a letter of opposition to their desire to place some equipment above ground in underground districts; some Southern California people are upset that Southern California Edison is requesting exemptions; Southern California Edison feels the exemptions are necessary for worker safety. Councilmember Matarrese stated it is important to ensure that the City does not have issues that might be parallel to ghat southern California Edison is attempting to do; the City has a major underground effort; the City has to ensure that workers are not put at risk and that the City does not run into the same problem. 09- Councilmember Gilmore stated that she attended an e- services session at the League Conference; the City of West Sacramento just instituted its first electronic service for citizens; Cupertino has approximately twenty plus e-services; the Cupertino technology person stated that instituting e- services is wonderfully convenient for residents and business people but does not take Lhe place of the old fashion way of doing things; certain people will always like to interface with human beings versus computers. Mayor Johnson stated providing more information on the website is important; court documents can be obtained on the website. The City Clerk noted LaserFiche is now .live on the website and the Municipal Code is completely searchable and will be kept current. 09- vice Mayor deHaan started that he attended a session regarding the economic situation at the League Conference; some municipalities will be flat tening out in 2011; property taxes are a key element; the news is nt good. A DJOURNMENT There being no further business, Mayor Johnson adjourned the meeting at 9:49 p.m. Respectfully submitted, Lara Weisiger City Clerk. The agenda for this ineeting was posted in accordance with the Brown Act. Regular Fleeting Alameda Ci..ty Council 15 ctober 6, 2009 CITY OF ALAMEDA Memorandum To: Honorable Ma and Members of the Cit Council From: Lisa Goldman Deput Cit Mana D ate: October 15, 2009 Re: List of Warrants for Ratification e e This is to certif that the claims listed on the attached check re and shown b elow hav been approved b the proper officials and, in m opinion, represent fair and j ust char a the Cit in accordance with their respective amounts as indicated thereon. uneCK iNumpers, Amount 223230 223574 $1 t976,562.78 V1 9458 V1 9800 $103,695-88 EFT 745 $76;4408 15 EFT 746 $20,278. 17 EFT 747 $50,000-00 EFT 748 $151381 s 08 EFT 749 $115953-50 EFT 750 ""$1023802-66 Void Checks: 223044 ($575.77) GRAND TOTAL Respectfull submitted, Deput Cit Mana Council Warrants 10/20/09 $21356,538.45 BILLS #4-B 10/20/2009 CITY of ALAMEDA Memorandum To: honorable Mayor and Members of the City Council From. Ann Marie Gallant Interim City Manager Date: October 20, 2009 Re: Award the Abandoned Vehicle Towing Contract to A &B Towing BACKGROUND On September 15, 2009, the city council approved specifications for abandoned vehicle towing services and authorized a call for bids for a contract covering the five -year period of October 20, 2009, through October 20, 2014. DISCUSSION The City clerk received bids from Palace Garage and A &B Towing. Both of the respondents fulfilled the essential requirements for further consideration in the bidding process. Palace Garage is located at 2051 Williams Street, San Leandro, which is approximately 7.4 miles from the Police Department. Their combined towing and storage fee based on three days of storage is $200.00. A B Towing is located at 8717 G Street, Oakland, which is approximately 4.5.mil.es from the Police Department. Their combined towing and storage fee based on three da y s .of storage is $250.00. The daily storage fee proposed by A &B Towing is less than the one submitted by Palace Garage, resulting in a reduced cost for longer. storage periods normally associated with abandoned vehicles. A& B Towing is the Police Department's present contractor and has performed satisfactorily over the past 18 years. FINANCIAL IMPACT There is no financial Impact to the city from this action. The costs associated with the Police Department ordered tors for vehicles abandoned, dismantled, or inoperative on public streets are charged to the registered owner of the vehicle. Vehicles abated from private property under A.M.C. 8 -22 are by law dismantled and not reconstructed or made operable. The tour company recoups the cost of removal from the owner of the parcel of land pursuant to 8- -22.11 A.M.C. City Council Agenda Item ##4 -C 10-20-09 Honorable Ma and Members of the Cit Council RECOMMENDATION Award the abandoned vehicle towin contract to A&B Towin Respectfull submitted, Walter B. Tibbet Chief of Police October 20, 2009 Pa 2 of 2 CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: October 20, 2000 Re: Adopt A Resolution Approving the Form of and Authorizing the Execution and Delivery of a Purchase and Sale Agreement and Related Documents With Respect to the Sale of the Seller's Proposition 1 A Receivable from the State; and Directing and Authorizing Certain other Actions in Connection Therewith In 2004, California voters passed Proposition 1A (Prop. 1A), a local government sponsored measure to limit the State's ability to take local property tax and sales tax revenues to balance its budget. Under the provisions of Prop. 1 A, the State can declare a fiscal emergency and take a maximum of 8% of a local agency's property tax revenues. The State must repay the monies, with interest, within three years. In addition, the takeaway can occur no more than twice in a 10 -year period, and the State cannot take the revenues a second time until it has repaid, with interest, any funds previously taken. When the State adopted its budget in July, it exercised its rights to suspend Prop. 1 A and take 8% of the property taxes apportioned to cities, counties, and special districts. The State is required to repay these funds with interest by June 30, 2018. DISCUSSION The adopted budget and related bills included legislation authorizing cities, counties, and special districts to sell Prop. 1A receivables to a third party, with the State paying 100% of the financing costs. This Proposition 1 A Securitization Program, which is being managed by California Communities, a joint pourers authority of the League of California Cities and the California State Association of Counties, is intended to provide immediate cash relief to participating agencies from the effects of the property tax takeaway. If a local agency elects not to participate in the program, it must gait for the State to reimburse the agency, with interest, by June 30, 2013. The State Department of Finance has set the interest rate at 2 This rate will not change during the next three years. City Council Report Re: Agenda Item #4-D r r� Honorable Mayor and October 20, 2009 Members of the city Council Page 2 of 3 For participating agencies, California Communities will simultaneously purchase the Prop. 1 A receivable, issue bonds, and provide the local agency with the cash proceeds in two equal installments, one on January 15, 2010, and one on May 3, 2010. These dates coincide with the dates that the State will shift the property tax from local agencies. The purchase price paid to the participating agencies will equal 100% of the amount of the property tax takeaway. All transaction costs of issuance and interest will be paid by the State. On October 14, the State Senate passed SB 07, a "clean -up" bill that makes a few critical changes to the enacted legislation, including providing for financing to occur in November so that local agencies receive their payments at the same time the State takes the funds. The State Assembly passed SB 67 earlier this year. With the passage of this important bill, local agencies will now have sufficient time to obtain city Council or Board approval to participate in the program by the California Communities deadline of November 0, 2009. According to the Alameda County auditor, the City of Alameda is facing a takeaway of $2,281,847 in property tax revenues this fiscal year. (The city's redevelopment agency is also facing a $4.5 million takeaway this year, but these funds will not be repaid.) Securitizing the takeaway through the California communities program ensures that the City receives the full amount of the takeaway this fiscal year. Should the city choose not to participate, it would receive the amount of the takeaway, plus 2% interest, when the State is able to repay the funds, but no later than June 30, 2013. The city is currently earning a slightly higher interest rate of approximately 2.4% on its investments. It is important to note that this program differs from a Vehicle License Fee securitization program that many jurisdictions participated in several years ago. Under that program, local agencies were responsible for paying the costs associated with the bond issue. Thus, participating agencies lost approximately 5% of the funds in transaction costs. Under the California Communities program, in contrast, agencies will receive 100% of the takeaway, with the State paying the transaction costs. Because so many local agencies are contemplating participation in the California Communities program, the program documents (Resolution, Purchase and Sale Agreement, etc.) cannot be modified for the sake of uniformity. In order for agencies to participate in the financing, all the program documents provided by Orrick, Herrington Sutcliffe, LLP (Transaction Counsel), must be adopted (in the case of the Resolution), signed and delivered to transaction counsel no later than November 0, 2009. FINANCIAL IMPACT Participation in the Prop. 1A Securitization Program will ensure that the City receives 100% of its property tax takeaway of approximately $2.3 million this fiscal year. If the City elects not to participate, then it will receive the amount taken, plus 2% interest, some time before June 30, 2013. Honorable Mayor and Members of the City council October 20, 2009 Page 3 of 3 Adopt a Resolution approving the form of and authorizing the execution and delivery of a purchase and sale agreement and related documents with respect to the sale of the seller's Proposition 1A receivable from the State; and directing and authorizing certain other actions in connection therewith. Respectfully submitted, 4 s Lisa Goldman Deputy City Manager Approved as to funds and account, r Glenda D. Jay Interim Finance Director RESOLUTION NO. 0 U. 0 CITY COUNCIL OF THE CITY OF ALA MEDA A RESOLUTION APPROVING- THE FORM OF AND AUTHORIZING THE 1 k EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER'S PROPOSITION IA RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH WHEREAS, pursuant to Section 25.5 of Article XIII of the California Constitution and Chapter 14XXXX of the California Statutes of 2009 (Assembly Bill No. 15), as amended (the "Act certain local agencies within the State of California (the "State are entitled to receive certain payments to be made by the State on or before .Tune 30, 2013, as reimbursement for reductions in the percentage of the total amount of ad valorem property tax revenues allocated to such local agencies during the State's 2009 -10 fiscal year (the "Reimbursement Payments which reductions have been authorized pursuant to Sections 100.05 and 100.06 of the California Revenue and Taxation Code; WHEREAS, the City of Alameda, a local agency within the meaning of Section 6585(f) of the California Government Code (the "Seller is entitled to and has determined to sell all right, title and interest of the Seller in and to its "Proposition. I.A. receivable as defined in Section 6585(8) of the California Government Code (the "Proposition 1A Receivable namely, the right to payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(1)(B) (iii) of Article XIII of the California Constitution and Section 1 00.06 of the California Revenue and Taxation Code, in order to obtain money to fund public capital improvements or working capital; WUEREAS, the Seller is authorized to sell or otherwise dispose of its property as the interests of its residents require; WHEREAS, the California Statewide Communities Development Authority, a joint exercise of powers authority organized and existing under the laws of the State (the "Purchaser has been authorized pursuant to Section 6588(x) of the California Government Code to purchase the Proposition 1A Receivable; WHEREAS, the Purchaser desires to purchase the Proposition IA Receivable and the Seller desires to sell the Proposition I A Receivable pursuant to a purchase and sale agreement by and. between the Seller and the Purchaser in the form. presented to this City Council (the "Sale Agreement for the purposes set forth herein; WHEREAS, in order to finance the purchase price of the Proposition 1A Receivable from the Seller and the purchase price of other Proposition 1A Receivables from other local agencies, the Purchaser will issue its bonds (the "Bonds pursuant to Section 6590 of the California Government Code and an Indenture (the "Indenture by and between the Purchaser and wells Fargo Bank, National Association, as trustee (the "Trustee which Bonds will be payable solely Resolution #4 -D CC 10-20-09 from the proceeds of the Seller's Proposition 1A Receivable and other Proposition IA Receivables sold to the Purchaser by local agencies in connection with the issuance of the Bonds; WHEREAS, the Seller acknowledges that (i) any transfer of its Proposition IA Receivable to the Purchaser pursuant to the Sale Agreement shall be treated as an absolute sale and transfer of the property so transferred and not as a pledge or grant of a security interest by City of Alameda to secure a borrowing, (ii) any such sale of its Proposition IA Receivable to the Purchaser shall automatically be perfected without the need for physical delivery, recordation, filing or further act, (iii) the provisions of Division 9 (commencing with Section 9101) of the California Commercial Code and Sections 954.5 to 955.1 of the California Civil Code, inclusive, shall not apply to the sale of its Proposition IA Receivable, and (iv) after such transfer, the Seller shall have no right, title, or interest in or to the Proposition 1A Receivable sold to the Purchaser and the Proposition 1A Receivable will thereafter be owned, received, held and disbursed only by the Purchaser or a trustee or agent appointed by the Purchaser; WHEREAS, the Seller acknowledges that the Purchaser will grant a security interest in the Proposition IA Receivable to the Trustee and any credit enhancer to secure payment of the Bonds; WHEREAS, a portion of the proceeds of the Bonds will be used by the Purchaser to, among other things, pay the purchase price of the Proposition IA. Receivable; WHEREAS, the Seller will use the proceeds received from the sale of the Proposition 1A Receivable for any lawful purpose as permitted under the applicable laws of the State; NOW THEREFORE, the City Council of the City of Alameda hereby resolves as follows: Section 1. All of the recitals set forth above are true and correct, and this City Council hereby so finds and determines. Section 2. The Seller hereby authorizes the sale of the Proposition I A Receivable to the Purchaser for a price equal to the amount certified as the Initial Amount (as defined in the Sale Agreement) by the County auditor pursuant to the Act. The form of Sale Agreement presented to the City Council is hereby approved. An Authorized Officer (as set forth in Appendix A of this Resolution, attached hereto and by this reference incorporated herein) is hereby authorized and directed to execute and deliver the Sale Agreement on behalf of the Seller, which shall be in the form presented at this meeting. Section 3 Any Authorized Officer is hereby authorized and directed to send, or to cause to be sent, an irrevocable written instruction to the State Controller (the "Irrevocable Written Instruction notifying the State of the sale of the Proposition IA Receivable and instructing the disbursement pursuant to Section 6588.6(c) of California Government Code of the Proposition 1A Receivable to the Trustee, on behalf of the Purchaser, which Irrevocable 'written Instruction shall be in the form presented at this meeting. Section 4. The Authorized officers and such other Seller officers, as appropriate, are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents, including but not limited to, if required, appropriate escrow instructions relating to the delivery into escrow of executed documents prior to the closing of the Bonds, and such other documents mentioned in the Sale Agreement or the Indenture, which any of them may deem necessary or desirable in order to implement the Sale Agreement and otherwise to carry out, give effect to and comply with the terms and intent of this Resolution; and all such actions heretofore taken by such officers are hereby ratified, confirmed and approved. Section 5. All consents, approvals, notices, orders, requests and other actions permitted or required by any of the documents authorized by this Resolution, whether before or after the sale of the Proposition IA Receivable or the issuance of the Bonds, including without limitation any of the foregoing that may be necessary or desirable in connection with any default Linder or amendment of such documents, may be given or taken by an Authorized officer without further authorization by this City Council, and each Authorized Officer is hereby authorized and directed to give any such consent, approval, notice, order or request, to execute any necessary or appropriate documents or amendments, and to take any such action that such Authorized officer may deem necessary or desirable to further the purposes of this Resolution. Section 6. The City Council acknowledges that, upon execution and delivery of the Sale Agreement, the Seller is contractually obligated to sell the Proposition IA Receivable to the Purchaser pursuant to the Sale Agreement and the Seller shall not have any option to revoke its approval of the Sale Agreement or to determine not to perform its obligations thereunder. approval. Section 7. This Resolution shall take effect frorn and after its adoption and PASSED AND ADOPTED by the City Council of the City of A la neda, State of California, this day of 2009, by the following vote: AYES: NOES: ABSENT: Mayor Attest: City Clerk. Approved as to form SELLER" S COUNSEL oll Dated: APPENDIX A CITY of ALA EDA Authorized officers: Ann Marie Gallant, Interim City Manager Lisa K. Goldman, Deputy City Manager any designee of any of then, as appointed in a written certificate of such Authorized officer dcivered to the Trustee. CITY OF ALAMEDA ORDINANCE NO. New Series AMENDING ORDINANCE NCB. 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 0 AFTER NOVEMBER 1, 2909 BE IT ORDAINED by the Council of the city of Alameda that: Section 1. Subsection 19(a) f o Section 19 of Ordinance Na. 2497 is hereby amended to read as follows: a. Medical Insurance For 1 082 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, 2999, their retiree medical benefit, if any, shall be determined solely based upon the meet and confer process (Government code Section 3899 et. seq.) between the City and the respective labor organizations. Final Passage of Ordinance #4 -ECC 4 -29 -D9 Section 2. Subsection 19(b) of Section 19 or Ordinance No. 1082 is hereby amended to read as follows: b. Dental 1 032 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 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 Weisig er, City Clerk City of Alameda CITY OF ALAMEDA RESOLUTION NO. APPOINTING NIELSEN TAM AS A MEMBER OF THE CITY COMMISSION ON DISABILITY ISSUES BE IT RESOLVED by the Council of the City of Alameda that k pursuant to Section 2 -17.2 of the Alameda Municipal Code and ordinance No. 2931, and upon nomination of the Mayor, N IELSEN TAM is hereby appointed to the office of member of the Commission on Disability Issues of the City of Alameda for a term commencing on October 20, 2009, and expiring on June 30, 2013. 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 20th day of October, 2009, by the following vote to wit: AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of said City this 21s day of October, 2009. Lara Weisiger, City Clerk City of Alameda Resolutions #6.A 0 -24 -Q9 CITY OF ALAMEDA RESOLUTION NO. APPOINTING SUZANNE WHYTE AS A MEMBER OF THE CITY LIBRARY BOARD E 0 0 0 CL BE IT RESOLVED b the Council of the Cit of Alameda that pursuant to the provisions of Article X of the Charter of the Cit of Alameda, and upon nomination of the Ma SUZANNE WHYTE is hereb appointed to the office of member of the Librar Board of the Cit of Alameda for the term commencin October 20, 2009, and expirin on June 30, 2013, and to serve until her successor is appointed and q ualified. 1, the undersi hereb certif that the fore Resolution was dul and re adopted and passed b the Council of the Cit of Alameda in a re meetin assembled on the tot" 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 seal of said Cit this 21st da of October, 2009. Lara Weisi Cit Clerk Cit of Alameda CITY OF ALAMEDA RESOLUTION NO. REAPPOINTING MICHAEL B. COOPER AS A MEMBER OF THE CITY RECREATION AND PARK COMMISSION 2" 0 0 BE IT RESOLVED by the Council of the City of Alameda that pursuant to Section 2-7.1 of the Alameda Municipal code, and upon nomination of the Mayor, MICHAEL B. COOPER is hereby reappointed to the office of member of the Recreation and Park Commission of the city of Alameda commencing October 20, 2000, and expiring on September 30, 2013. I, the undersigned hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the council of the city of Alameda in regular meeting assembled on the 20th day of October, 2009, b the following vote to wit: Y g AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said city this 21st day of October, 2009. Lara Weisiger, city clerk City of Alameda CITY OF ALAMEDA RESOLUTION NO. REAPPOINTING TERRI BERTERO OGDEN AS A MEMBER OF TH CITY RECREATION AND PARK COMMISSION I BE IT RESOLVED b the Council of the Cit of Alameda that pursuant to 0 Section 2-7.1 of the Alameda Municipal Code, and upon nomination of the Ma TERRI BERTERO OGDEN is hereb reappointed to the office of member of the Recreation and Park Commission of the Cit of Alameda commencin October 20, CL CL 2009, and expirin on September 30, 2013. 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 20th 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 21 st 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 20, 2009 Re: Accept the Annual Investment Report for FY08 -09 BACKGROUND In June 2002, the city Council contracted with Public Financial Management, Inc. (PFM) and chandler Asset Management, Inc., for portfolio management services for investment of the city's "idle cash Annually, the City council adopts or reaffirms the City Investment Policy. This policy establishes the objectives of Safety of Principal, Liquidity, and Field. Additionally, the policy limits investment in companies that produce or manufacture cigarettes, alcohol, or gambling products. DISCUSSION This agenda item reports on the results of the seventh year of the City's managed portfolio by PFM and Chandler Asset Management. PFM, per contract, prepares this year -end "consolidated" report for both managed portfolios. (Exhibit 1) The investment policy objectives, which were achieved during this reporting period, are as follows: Safety of Principal: o Excellent credit quality was maintained for each investment. o Maturity distribution was structured to protect the portfolio ensuring against a volatile investment environment. Liquidity: o Portfolio diversification was enhanced to capitalize on the investment sectors and issuers offering the greatest value in the market. 'Yield: o Exceeded the industry- standard benchmarks to provide a solid return. During FY08 -09, the portfolio maintained its investment position in U.S. Treasury notes and Federal Agency Notes. In fall 2008, the Federal government provided a variety of new government -based investment options in an attempt to stimulate the economy. City Council Agenda Item #6 -13 °I0 =2® -®9 Honorable Mayor and October 20, 2009 Members of the city Council Page 2 of 2 Consequently, the city's investment advisors purchased FDIC guaranteed corporate notes. As a result of these changes, credit quality was maintained. Approximately 67% of the portfolio remains in the 1 to 3 year maturity, which is the point of best relative value in the present market. The overall return for the managed composite portfolio since inception of the program was 4.31 This compares favorably to the Merrill Lynch benchmark earnings of 3.95 a difference of 0.36% or approximately $282,000. At each quarter end, the City's portfolio managers affirmed that there had been no investments in corporate securities that produce or manufacture cigarettes, alcohol or gambling products. (Exhibit 2) FINANCIAL IMPACT The value added by employing outside investment managers is the ability to evaluate and focus on those maturities and sectors that may offer the best relative value. The managed portfolio earned .36% more than the benchmark of 3.95 demonstrating the benefit of this approach. In addition to earning returns that exceed the benchmark, staff time is available to perform other functions thereby increasing department productivity. Accept the Annual Investment Report for FY08 -09. Exhibit 1 PFM /Chandler combined Year -End Report 2 PFM Asset Management Detail of Securities Held cc: chandler Asset Management Arlo attachments PFIVI Asset Management w/o attachments ca Q O U a� 0 0 AW L N CF) 0 0 CN 00 O O N L r v J J LL a. C3 CD c�v �3 t!3 C13 s D [IS rn LO C� LO o z L 0 CI U? 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Ln o m 0 a o p C) o p a z o o Gam] .a a d LO t 3 �t U 00 V- w cr 0 C Z n Ln Ln w V: LO w ct o w 'i s7 4J c !3 0 Q U a f Ln Q o a J o U Lt) v Lr, p o Z o o C n v o n U a vo o f-- IT p o F 14;r p o (A y v r LL CML J N N N Q r r m N J roy J a U o Z� Z N d V cu 4.0 F- w` 4 J N w N Z W N Z N O 00 w w z Q z Z a 4 "a o u o cn a o p in o J o o o I H V V W Z C) o m o z in p u n W J Oz r -J C) W U zM W z In W W N C) W C) N r4 U cn a D o C-0 E Q1 v M 1"y w a -J C cv L 0 LL vm J W Q) 2� L V 0 ■6J 0 V V Q W ►13 Ln 0 LA r-I V4 %C n rte[ 0 0 Ln 0) c+ D %0 N %0 M fu Q o %D L` n J U. iR v L W N Z [s H m v p V n w Q W a J tG LL. e I o V v M Lf7 L6 "i in Ch M LA N Lrl rr n v co N M 4A 0 a 0 E a v Q w N o� LL c n D a III H c a CITY 1 of AL.AMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: October 20, 2009 Re: Introduce an Ordinance to Amend the City of Alameda Municipal Code to Require an Administrative Use Permit in Ikon- Residential 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 0 `i i i The Alameda Municipal Code (AMC) includes Section 30 -5.14 Barriers and Fences, which establishes regulations and restrictions for the construction of fences or other types of barriers in Alameda. The provisions define different fence. types and materials; establish limitations on heights to protect light, air, visibility, and aesthetic qualities; and include some prohibitions such as the use of barbed or razor wire. The provisions. are relatively detailed and comprehensive for residentially zoned or developed properties, p p but much less detailed for commercially zoned or developed properties. Over the course of the last year, a number of questions have been raised about the adequacy of the City of Alameda's municipal code requirements for fences in commercial areas. With the downturn in the economy, some businesses have closed City on Webster Street and on Park Street. Under the provisions of 30 -5.14, the has minimal control over the type of fences and barriers that can be placed on a vacant commercial property. The lack of this type of control has not been problematic in good economic tunes when commercial properties are fully occupied or when commercial property owners are requesting entitlements for new construction or new uses, and any proposed fences or barriers can be reviewed under those proposals. However, the downturn in the economy has revealed the City's inability to prevent or control propert owners of vacant properties from erecting inappropriate fencing or barriers within Alameda's historic commercial districts or in the other business areas. On July 27, 2009, the Planning Board held a public hearing and recommended that the City Council adopt an amendment to Section 30 -5.14 that will give some control to the City to regulate the location and design of fences in commercial areas, in cases where the property owner is not requesting any other entitlement or has no plans to redevelop N the property. The proposed amendments are specifically designed to give the City the ability to regulate fencing on vacant or underutilized commercial properties to ensure City Council Public Hearing Agenda Item #6 -C 1 1 1' Honorable Mayor and October 20, 2009 Members of the city Council Page 2 of 3 that fencing of vacant properties does not unduly harm or reduce the commercial viability of neighboring businesses or the economic health and vitality of the city's important commercial areas. (The full text of Section 30 -5.14 with the draft amendment is attached.) DISCUSSION In commercial or industrial districts, Section 30 -5.14 permits fences up to eight feet in height (subsection c.4.) in required setback areas and up to the "allowable building height" if the fence is not located in a required setback area (see subsection d.4.). On Park and Webster Street, the zoning does not require any front yard setback and the building height limit is between 40 and 00 feet. Luckily, barbed wire and razor wire is prohibited in all zones, but chain link and any other material is permitted in commercial and industrial districts by right. (See subsection 5.e.) Therefore, under the current provisions, a temporary or permanent fence could be erected around a recently vacated property on Park or Webster Street of almost any size without any City review or discretion. If the fence is over six feat in size, the fence requires a building permit, but as long as the fence is structurally sound, the C.it y would have little to no ability to deny the building permit. The City would have no authority or ability to require a lower fence or deny the fence based upon concerns about aesthetic or design quality or based upon concerns about the impact of the fence on the commercial vitality of nearby businesses or impact on property values of neighboring properties. The Planning Board and staff are recommending a simple amendment to Section 30- 5.14 that would add a requirement that fences in commercial and industrial zones require an administrative use permit. The administrative use permit process requires notice to the surrounding property owners and provides the ability or the Zoning g Administrator (Planning Services Manager) to consider whether the proposed fence would impact adjacent businesses or the commercial viability of the business area. The administrative use permit process provides the ability for the City to require modifications to the proposed fence material, size or location, or deny the proposal. Zoning Administrator decisions are reported to the Planning Board, which may then call the decision for review if necessary. zoning Administrator decisions are also subject to appeal to the Planning Board. The Webster Street and Park Street business associations support the proposed amendments. FINANCIAL I M PACT There is no financial impact to the city from the proposed zoning text amendment. Honorable Mayor and October 20, 2009 Members of the City Council Page 3 of 3 MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE Alameda Municipal Code Section 30 -22.5 requires that the City Council consider the following findings before approving an amendment to the Zoning Ordinance. The effect of the proposed amendments on the integrity of the General Plan. The proposed zoning text amendment is necessary to ensure that temporary or permanent fences and barriers constructed within the commercial and retail districts do no inhibit achievement of General Plan goals for walkable, pleasant, commercially vital, Visually appealing commercial districts. The effect of the proposed amendments on the general welfare of the community. The proposed zoning text amendment will ensure that inappropriate fences and barriers will not be built adjacent to the public right of way in commercial and industrial areas. The equitableness of the proposal. The proposed zoning amendment is equitable in that it establishes a process to ensure that all fences and barriers in nonresidential areas are not harmful or detrimental to the area or adjacent properties. ENVIRONMENTAL REVIEW The proposed amendments are categorically exempt from CEQA pursuant to CEQA Guidelines Section 15305 Minor Alterations in Land Use Limitations. The proposed amendments amend the review process for fences and barriers and do not increase the intensity or density of use that would be permitted on property in Alameda. RECOMMENDATION Introduce an ordinance to amend the City of Alameda Municipal Code to require an administrative use permit in non residential 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. Exhibit: 1 Draft Amendments DRAFT AMENDMENTS 30- 5.14 Barriers and Fences. Barriers, as defined herein, may be construed in all land use districts within the property boundaries of the individual lots according to the definitions, standards, and provisions of this subsection. a. Purpose. The purpose of this section shall be: 1. To provide adequate light and air into and between buildings and streets. 2. To protect the character of Alameda's neighborhoods and promote the objectives of the "Design Review Manual." 3. To develop streets which encourage pedestrian use through the maintenance of visually pleasant streetscapes. 4. To protect public health and safety by prohibiting potentially dangerous fencing materials and by limiting fence heights in visibility zones. b. Definitions. The definitions included in this subsection are a partial list of definitions which are specific to the interpretation of this subsection. Additional definitions are listed in section 30 -2. 1. Arbor is defined as a decorative latticework structure or trellis made of see through style materials which is used as an entrance focal point along a barrier. 2. Barrier is defined as anything which is used as a boundary or means of protection or confinement including but not limited to, fences, walls, and hedges and the elements of such barriers including, but not limited to, posts and other supporting framework. 3. Building Envelope is the area of land on a parcel within the required yards for a main building as regulated by this chapter. 4. Chain -Link Fencing is defined as any fencing composed of or appearing to be composed of diagonal grid woven wire fencing material including, but not limited to, cyclone fencing, chain -link fencing, or diamond shaped plastic -link fencing. 5. Edge of Vehicular Travel Way is the curb -line of a public or private roadway or the edge of payment or driveway where no curb -line exists. 6. Grace is defined as the lowest point of elevation of the finished surface of the ground, paving or sidewalk. City council Exhibit to Public Hearing Agenda Item #6 -c 7. Public or Quasi Public Land Uses are those uses including, but not limited to, public streets; public open space and waterways; commonly owned, private open spaces and waterways; schools and their grounds, churches and their surrounding open areas; and other nonresidential, institutional uses. 8. See Through Style refers to any fencing material in which the amount of opaque fence material, excluding its supporting posts, is less than fifty (50 percent of any square foot of said fencing material and may include, but is not limited to, pickets, lattice, or decorative wrought iron. 9. Street Side Yard is the area of a corner lot that consists of the side yard adjacent to the street, and that portion of the rear yard that would be included in the rearward extension of the side yard adjacent to the street. 10. Visibility Zone is determined by the City Engineer, and is generally the area on a corner of two (2) intersecting vehicular travel ways encompassed by a triangle, two (2) of the sides of which are no less than twenty (20') feet in length and are coincident with the edge of a vehicular travel way, except in specific cases where the City Engineer determines that safety considerations require a modified visibility zone. c. Barrier Heights. Barrier heights shall be subject to the following limitations, except as otherwise specifically provided in this title: 1. The height of a barrier at any given point shall generally be the distance between the maximum vertical extent of the barrier at that point and the level of the grade within eighteen (18 inches horizontally of a point directly y below a given point. The height of barrier over the Bay shall be measured starting at four (4') feet above City of Alameda datum, which is the same as sixteen and one half (10.5) feet above mean louver low tide. 2. In front yards on residentially zoned or developed properties barriers shall not exceed three (3') feet in height except as permitted elsewhere in this subsection. 3. In side and rear yards on residentially zoned or developed properties barriers shall not exceed six (0') feet in height, except as permitted elsewhere in this subsection. 4. In required setback areas on parcels in commercial and industrial districts barriers shall not exceed eight (8') feet in height, except in visibility zones or on residentially developed lots, as permitted elsewhere in this subsection. 5. In visibility zones no barrier shall exceed three (3') feet in height. d. Exceptions to Limitations on Barrier Height: I. Barriers otherwise limited to three {3'} feet in height may be vertically extended up to four (4') feet in height with see through style fencing material. 2. Barriers otherwise limited to three (3') feet in height may be vertically extended up to five (5') feet with see through style fencing material, subject to approval by the Planning Director, who shall consider the compatibility of the fence design with its site and surrounding uses. 3. Barriers otherwise limited to six (0') feet in height may be extended up to eight (3') feet in height with see through style fencing material. 4. Barriers located within a permitted building envelope may be extended up to the allowed building height in that zone as permitted by this chapter. 5. Arbors and decorative fence posts, subject to approval by the Planning Director, who shall consider the compatibility of the arbor or fence post with the barrier, its site and surrounding uses. e. Non Residential Fences. On non-residentially developed or zoned pro ernes any permanent or tern ora barrier which is visible from a public right of way or public access easement shall re uire an Administrative Use Permit pursuant to section 30 -21.4 unless such barrier is included as part of a Use Permit ov.ernin the greater use of the r)ropeqy, a Development Plan approved pursuant to a Planned Development zoning, or a Desi n Review a royal or unless the fence is re wired to address health or safety concerns caused by fire or other natural disaster for not more than 30 days. Barriers of chain link or similar material shall be screened and all barriers shall provideade uate access for safetv and eme[gency personnel. e. Prohibited Fencing Materials. 1. Barbed wire, razor wire and other similar materials shall not be permitted as any part of any barrier, as defined and regulated by this section. 2. The use of chain -link fencing shall not be permitted as a part of any barrier on a residentially zoned or developed property except as specifically permitted by this section. f. Exceptions to Prohibited Fencing Material: 1. chain -link fences up to six (6') feet in height may be permitted in rear and side yards on residentially developed properties, where such yard is not a street side yard nor a rear yard of a corner or double- frontage lot, and where any such yard is not adjacent to public and quasi- public land uses. 2. if not otherwise permitted, and where no feasible fencing material alternative exists, chain -link fences, not located in the front yard of residentially developed parcels, may be permitted when required for recreation or safety reasons, subject to Use Permit Approval, which shall be conditioned to mitigate negative visual impacts. Such conditions may include, but are not limited to any or all of the following: (a) Inclusion of decorative elements, such as varied mesh sizes, vinyl or other colored coating, and alternative post materials. (b) Inclusion of landscaping or other screening alternative fence locations. (c) Maintenance of fencing materials and landscaping. g. Non Conforming Fences. Non conforming fences may be permitted as regulated by subsection 30 -20.3. (Ord. No. 2630 N.S. 3) CITY of ALAI'111EDA ORDINANCE No. New Series F� 0 U. 0 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 RESIDENTIAL 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 WHEREAS, the Alameda Municipal Code (AMC) does not adequately regulate the construction of fences and barriers in commercial and industrial zones; and WHEREAS, the visual and aesthetic quality of commercial and industrial properties is critical to maintaining property values in these areas and maintaining a successful business environment; and WHEREAS, the historic Alameda commercial districts and the appearance of these districts is critical to the economic health of the community; and WHEREAS, construction of an inappropriate or poorly designed fence can have negative effects on adjacent properties in a business area; and WHEREAS, vacant commercial properties must be carefully managed to ensure that they do not result in negative affects on neighboring properties; and WHEREAS, the proposed zoning text amendment is necessary to ensure that temporary or permanent fences and barriers constructed within the commercial and retail districts do no inhibit achievement of General Plan goals for a walkable, pleasant, commercially vital, visually appealing commercial districts; and WHEREAS, the proposed zoning text amendment will ensure that inappropriate fences and barriers will not be built adjacent to the public right of way in commercial and industrial areas; and WHEREAS, the proposed zoning amendment is equitable in that it established a process to ensure that all fences and barriers in non residential areas are not harmful or detrimental to the area or adjacent properties; and WHEREAS, the Alameda Planning Board has held public hearings and recommended adoption of the proposed amendment to the city Council. Introduction of ordinance #6 -C 10 -20 -49 NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Alameda that: Section 1. Subsection 30 -5.14 (Barriers and Fences) of Article I (Zoning Districts And Regulations) Of Chapter XXX (Development Regulations) is hereby amended to add new subsection 30- 5.14(e) to read as follows: e. Ivor Residential Peaces. On non- residentially developed or zoned properties, any permanent or temporary barrier which is visible from a public right of way or public access easement, shall require an Administrative Use Permit pursuant to section 30-21.4 unless such barrier is included as part of a Use Permit governing the greater use of the property, a Development Plan approved pursuant to a Planned Development zoning, or a Design Review approval or unless the fence is required to address health or safety concerns caused by fire or other natural disaster for not more than 30 days. Barriers of chain link or similar material shall be screened, and all barriers shall provide adequate access for safety and emergency personnel. Section 2. 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 provision of this ordinance. 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 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 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 September, 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 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 20, 2009 Re: Introduce an ordinance to Amend the Alameda Municipal Code by Amending Chapter XIII (Building and Housing) by Adding Article I Section 13.13 (Alameda Green Building Code) to Adopt the 2008 California Green Building Standards Code BACKGROUND Periodically, the State of California adopts new sets of technical building and fire regulations known as the California Building Standards Code. The State has.adopted the 2008 edition of the California Green Building Standards Code, which became effective statewide on August 1, 2009. Late last year, staff conducted public workshops to discuss the City's adoption of the Green Building Code, and Stopwaste..org made a presentation outlining a path to adoption. Stopwaste.org pointed out that the City of.Alameda has already made significant strides.in "greening" Alameda. Green initiatives currently in place in Alameda include: A minimum of 50% construction and demolition debris must be diverted; 0 All new building or renovation projects that equal or exceed $3,000,000 in construction costs, and are either owned or occupied by a City department or agency or developed as a public private partnership, must meet specific green building standards; 0 All new landscaping projects or renovations of landscapes.that are either o or maintained by the City or developed as a public private partnership that equal or exceed $1 00,000 must meet the most recent minimum Bay Friendly Landscape Scorecard points and required practices as recommended by Stopwaste.Org or its designee; and 9 Adoption of the California Plumbing Code Appendix allowing for the installation of Graywater systems. DISCUSSION The State of California has adopted the 2008 California Green Building Standards Code. This code became effective throughout California on August 1, 2009. By locally adopting City Council Public Hearing Agenda item #6=D 1 1 1 Honorable mayor and October 20, 2009 Members of the City Council Page 2 of 3 this code, the City clearly. establishes legal authority for enforcement of this code. This also enables the City to adopt various administrative amendments and all technical amendments necessary due to local climactic, geological or topographical conditions. The California Green Building Code contains a number.of voluntary measures as well as 17 measures that will become mandatory with the adoption of the 2010 California Building Code. These upcoming mandatory measures include: Management of storm water during construction, Sealing of joints.and openings around the.exterior of buildings, 20 reduction of .indoor water usage through the use of grater saving fixtures and flog .restrictors, Indoor Air Quality improvements through the use of Low -VOC adhesives, paint, and carpet, and Requirements for interior moisture control. The State has also adopted a never and .more stringent California. Energy Code that will become effective on January 1, 2010. This new code .rill require the further reduction in energy use in new construction by 10 to 15 FINANCIAL IMPACT Adoption of the 2008 California Green Building Standards Code will require that the Building and Safety staff of the C Development. Department. be trained on the new code. Staff training will cost approximately.$5 and is included in the department's fiscal year 200912010 budget. Permit fees. cover funding for the code training. MUNICIPAL CODE/POLICY: DOCUMENT CROSS REFERENCE All other sections of the municipal. Code dealing with this subject matter. have been thoroughly analyzed and found to be compatible with the proposed amendment to the Municipal Code. Mir s 11 Introduce an ordinance to amend the Alameda Municipal Code by amending chapterXiII (Building and Housing) by adding Article I Section 13.13 (Alameda Green Building Code) to adopt the 2008 California Green Building Standards Code. Honorable Mayor and Members of the city council Approved as to funds and account, Glenda D. Jay Interim Finance Director October 20, 2499 Page 3of3 GM:nm CITY OF ALAMEDA ORDINANCE NO. New Series ARTICLE 1. UNIFORM CODES RELATING TO BUILDING, HOUSING AND TECHNICAL CODES 13.13 ALAMEDA GREEN BUILDING CODE 13- 13.1 Adoption of California Green Building Standards Code. The California Green Building Standards code, 2008 Edition, published by the California Building Standards Commission, is adopted by reference and made a part hereof as if fully set forth herein at length, and shall be known as the Alameda Green Building Code. 13 -13.2 Copy of California Green Building Standards Code with the Building official. A copy of the California Green Building Standards code, 2008 Edition, has been deposited in the Office of the Building official of the Cit y and shall be maintained for use and examination by the public. Section 2 If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The city council of the city of Alameda herby declares that it would have passed this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional. 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. Introduction of Ordinance #6 -D 10 -20 -09 f AMENDING THE ALAMEDA MUNICIPAL CODE BY AMENDING CHAPTER XIII (BUILDING AND HOUSING BY ADDING ARTICLE I SECTION 13.13 (ALAMEDA GREEN BUILDING CODE) To ADOPT THE 2008 EDITION OF THE CALIFORNIA GREEN BUILDING STANDARDS CODE BE IT ORDAINED b the City Council of the City of y Y y Alameda that: S Section 1. The Alameda Municipal code is amended by adding a new Article I Section 1 3.13 to chapter X I I I of the Alameda Municipal code which shall read as follows: ARTICLE 1. UNIFORM CODES RELATING TO BUILDING, HOUSING AND TECHNICAL CODES 13.13 ALAMEDA GREEN BUILDING CODE 13- 13.1 Adoption of California Green Building Standards Code. The California Green Building Standards code, 2008 Edition, published by the California Building Standards Commission, is adopted by reference and made a part hereof as if fully set forth herein at length, and shall be known as the Alameda Green Building Code. 13 -13.2 Copy of California Green Building Standards Code with the Building official. A copy of the California Green Building Standards code, 2008 Edition, has been deposited in the Office of the Building official of the Cit y and shall be maintained for use and examination by the public. Section 2 If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The city council of the city of Alameda herby declares that it would have passed this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional. 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. Introduction of Ordinance #6 -D 10 -20 -09 Section 4. The City Clerk of the City of Alameda is hereby directed to cause this ordinance to be published in the official Newspaper of the city of Alameda Section 5. 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 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 set my hand and affixed the official seal of said city this day of 2009. Lara Weisiger, City Clerk City of Alameda COUNCIL REFERRAL FORM Name of Councilmember requesting referral: Mayor Johnson Date of submission to city Clerk (must be submitted before 5:00 p.m. on the Monday before the council meeting requested October 1 2 2009 Council Meeting date: October 20 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: Last month, SunCal submitted signatures to the City Clerk's office to place an initiative on the ballot. The County Registrar of Voters is now in the process of certifying the signatures. Assuming that the signatures are valid, the measure will be placed on a ballot in 2010. It is critical that the City Council and the residents of Alameda know exactly what this initiative would do, and ghat it wouldn't do, prior to the election. Since the initiative is close to 300 pages long, many voters will only read a summary of the measure and won't understand all of the provisions. City staff has already completed a detailed, two -part analysis of the initiative. I'd like the City Manager to review her analysis in a public presentation at a City Council meeting so that the voters of Alameda can become fully informed about the Suncal initiative. Council Referral #8 -A 10 -2o -o9 ALAMEDA- CONTRA COSTA TRANSIT DISTRICT RESOLUTION NO. 09 -051 BUY AMERICAN GOODS WHEREAS, California, as well as the United States, is experiencing one of its worst recessions since the 1930s, causing A significant loss of jobs; and WHEREAS, the national unemployment rate has risen to 9.7% and in California, the unemployment rate is 12.2 and WHEREAS, a total of 3.0 million jobs have been lost since the beginning of the recession in December 2007. Of those jobs, 2 million have carne from the manufacturing sector. Manufacturing industries now represent just 11.5% of GDP; and WHEREAS In August of this year, when people were asked by pollsters from EMC Research of Oakland to rate their priorities for the State of California, they gave the highest rating of 7 to "improving the economy and creating j and WHEREAS manufacturing has by far the largest multiplier effect of all job sectors, creating $1.40 of additional economic activity for each $1 of direct spending; and WHEREAS when products are purchased from a domestic producer, the US economy is Stimulated and US workers put more money into their pockets, generating further spending which supports more jobs in the domestic economy; and WHEREAS, with workers facing one of the worst economic crisis since the Great Depression, we believe AC Transit policies should help to create an economy that can provide security and prosperity for workers in the state and the nation; NOW, THEREFORE, the Board of Directors of the Alameda-Contra Costa Transit District does resolve as follows: Section 1, The AC Transit Board of Directors supports an amendment to Board Policy 350 that the District will employ its best efforts to procure goods manufactured in America and when possible give first priority to the Resolution No. 09 -051 Council Referral #8 -13 10-20-09 purchase of g oods manufactured in California, within the existin State and Federal fundin re Section 2. Staff shall prepare an appropriate amendment to Board Polic 350 to reflect the content of this resolution and brin the polic amendment to the Finance Committee and the Board prior to the end of the 2009 calendar y ear. Section 3, This resolution shall become effective upon its passa b four (4) affirmative votes of the Board of Directors. Resolution No. 09-051 Pa 2 UNAPPROVED MINUTES OF THE SPECIAL JOINT CITY COUNCIL AND COMMUNITY IMPROVEMENT COMMISSION (CIC) MEETING TUESDAY- OCTOBER 5, 2009- 7: 2 5 P.M. Mayor /Chair Johnson convened the joint meeting at 7:41 p.m. C:ouncilmember /COIT.missioner Matarrese led the Pledge of Allegiance. ROLL CALL Present: Councilmembers /Commissioners deHaan, Gilmore, Matarrese, Tam, and Mayor/Chair Johnson 5. Absent: None. CONSENT CALENDAR Councilmember /Com issioner Tam moved approval of the Consent Calendar. Councilmember /Commissioner Matarrese seconded the motion, which carried by unanimous voice vote 5. [hems so enacted or adopted are indicated by an asterisk preceding the paragraph number.] CC 0 9- CIC Minutes of the Special Joint City Council and CIC Meeting held on September 15, 2009. Approved. *09- CC/ *09- CIC Recommendation to Award a Consultant Agreement to Hdl Coren Cone for Review and Analysis of Property Tax Revenues and Identification and Correction of Errors. Accepted. *09- CIC Resolution No. 09 -162 "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 Adopted. AGENDA ITEMS None. ADJOURNMENT There being no further business, Mayor/Chair Johnson adjourned the joint meeting at 7:48 p.m. Respectfully submitted, Lara Weisiger, City Clerk Secretary, CIC The agenda for this meeting was posted in accordance with the Brown Act. Special Joint Meeting Alameda City Council and Community Improvement Commission October C, 2009 CITY OF ALA MEDA Memorandum To: Honorable Chair and Members of the Communit Improvement Commission From: Ann Marie Gallant Interim Executive Director Date: October 20, 2009 Re: Authorize the Executive Director to Si a Letter of A in the Amount of $11,400 with the Greater Alameda Business Association for FY09-1 0 BACKGROUND The Communit Improvement Commission (CIC) has awarded g rants, throu .Letters of A to the Greater Alameda Business Association GABA to support marketin and promotional efforts that benefit its membership. DISCUSSION Given the national recession, State. bud crisis, and take of r e develop me nt funds, CIC funds to all Alameda business ass should.. be re as unreliable. GABA .is encoura to find wa to. collaborate with other Alameda associations to reflect :the new financial realit of California cities and the or the fund.. GABA's bud re submitted to CIC staff for FY09-1 0 and. FY1 0-11 is $12,000. per y ear, while its total bud is $22,510, nearl the same as-its prior y ear bud et of $22,260. GABA's two sources of income are self- ge nerated.funds -and the. rant: fr the Cit Staff recommends .GABA's g rant re be funded at $11,400 in:FY09-1 0 a 5% reduction, and $9,690 in FY10-1.1, a 15% reduction. Staff further recommends that g rant funds be used for the marketin and promotion of the association's businesses. Future Efficiencies. An area of potential collaboration exists between the. Alameda Chamber of Commerce and GABA.since both or conduct variou workshops for their members. These two organizations could join to on workshops a nd realize economies of scale to reduce costs. FINANCIAL IMPACT The FY09-10 CIC bud includes $11,400 for the Greater Alameda Business Association in CIC-WECIP Fund 201. Grant funds will be disbursed on a q uarterl y basis CC/ARRAICIC A Item #2-13 10-20w09 Honorable chair and October 20, 2009 Members of the Community Improvement Commission Page 2 of 2 and will only be used for marketing and promotion of the organization's businesses. Disbursement of the grant funds will be documented by receipts for actual expenditures. MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE Economic Development Strategic Plan, July 2000, Strategy #2 reads as follows, "Support the chamber of Commerce, merchants. and merchant associations in their efforts to increase the availability and quality of retail goods and professional services that meet the purchasing preferences of Alameda residents and the employees of Alameda firms by: (1) supporting Park and Webster as "Main Street" retail zones..." RECOMMENDATION Authorize the Executive Director to sign a Letter of Agreement in the amount of $1 1,400 with the Greater Alameda Business Association for FY09-10. Res ctf y s b m 4*ted q Leslie A. Little Economic Development Director Approved as. to funds and account, Glenda D. Jay Interim Finance Director DES:SGR: ry Exhibits. 1. GAGA Budget 2. GAGA Accomplishments objectives cc: Greater Alameda Business Association 4'CS C3 a N 0 0 CL 0 cl) N 0 CL 0 CL E C a) 1. CD 0 C) *.a Cq 0 0 U") 0 CD LO C) 0 CD CO M M 't 0 M N= 0 0 1- 0 co r-- LO co 0 U) CD ;I- r� M N M 0 LO M 0 00 CD Mr-- co M C� co co CD M N 0' NL C\T 1C i 0� C7 G C4 lrz CT N N Gr)- GP)- 64> 09,f9, Gq ca ea 69- 6r> 6s 6q 6q 6q Gq Q9- fuq Q9- ta 0 CD 0 0 0 CD CD CD CD C\� (6 cy 0 fla GID- COD- �4 t6} z C) C) 0 CD w LO M (6 L) 0 0 0 z cn U) 69- 0 00 cv cy w Ica 0 0 CL 0 ea w C 0 0 z C4 0 0 CO E 0 E 0 Lu c; C: cn 0 0 (D CD E (D 42a Z C 2i 0 Cy z 0 0 CD C) CD CD C) C 0 LO 0 0 0 CD U") CD C) C) C) C) CD LO LO LO CD LO CD 00 'r- CD 00 Co CD r CO M r CN N r N CD CO LO N o) T- It -r- cQ lr-- N N N e!)- GInx fZ24 464 GG- GG- GG- fz�} GG- GG- 464 fZ4 64 ec;q C) CD CD C) C:) C) T- LO CD a LO 6s U9- ta 6s C) C) 0 0 C) CD 0 C) C) cei C6 69- 0 C) 0 00 0 C 0 C) C) C) C) C) 0 C> LO 0 0 C V) 0 C a) 0 CD C) 0 LO N LO LO C Lf) 00 0 0 N MOV-MM N N r*-- N CY) C C-4 G9- 6a ka 69)- to Gg GO- A6S k/D- G9- 60- 69- 0 0 0 co a_ C) cn 0 M C: 0 C) 4� X M 06 w 0 E 0 i f) a) M 0) a) 'M 0 2 to cn 0) (n M 0 0 0 1 D (1) M L- 4-1 C/) 0 Q) W 0 0 z -S- M __0 -0 cu M uj E E U) co 0 C: w 0 0 a) M 0 C 73 z M M L 62 CC/ARRA/CIC Exhibit I to -B .A Item #2 1 O=2OwO9 Accomplishments FY08 -09 I// Objectives/Performance Measures FY09 -1 o Accomplishments: Business Education Workshops: Two workshops held at Bank of Alameda provided members of the business community an opportunity for free mini- seminar and dinner on topics of interest to business owners. The March '09 workshop attendance was 40 and included information on new tax laws and the economic stimulus package along with banking regulations and opportunities. Netwo Mixers: Six well attended events at member businesses, averaging 25 -30 members of the business community. Mixers are free to all members of the business community providing a. networking opportunity to economically disadvantaged business owners. Raffle proceeds are donated annually to the three Alarneda High Schools' R.O.P. classes. Theater Marketing: In December 08, a `Shop Alameda' GABA on- screen advertisement was run at the Alameda Theatre and Cineplex. GABA has entered into a second contract and will continue this form of advertising for another three months. The purpose is to provide a public benefit to our advertising, drawing attention to the Station neighborhood businesses to the off Island patrons .of the Theatre, as well as Ala who may not realize the shopping opportunities in these Stations. This form of advertising reaches thousands of Theatre patrons monthly. The Theatre -based marketing is to help reduce retail leakage. Membership Support: Monthly reduced cost advertising opportunities in the Alameda Sun. Annual savings of 1 3,440 to members. Free listing to all GABA members in the Alameda Sun by business category. Free comprehensive web site listings for each GABA member at www. GABAonlin orb Descriptive printed Membership Directory by business category. 2000 copies available for members' businesses and their patrons or clients. Newsletters and monthly updates to all Members with an emphasis on GABA events and highlighting member's and member non profits. Newsletters include an informative article aimed at enhancing a specific business practice or area of expertise. Advocating for GAB A members to the City. CC /A tFA/c c Exhibit 2 to -'a g e of 2 Agenda Item 2=Ili Dinner Meetings with speakers: Dinner meetings included a presentation by Alameda Hospital including its value to the community and release of its new strategic plan. Attendance: 15 Denis Evanovsky provided an interesting presentation on Alameda Architecture with a focus on the Alameda Stations. Attendance: 20 The May dinner featured an advertising presentation by Alameda Theatre outlining the advertising opportunities for business owners. The theater has offered special advertising rates for GABA members. Attendance 42 New Member night provided a stage for a five minute presentation by each new GABA member, along with entertainment by GABA member business, west Coast Dance. ..Attendance: 25 west speaker for the June Installation of officers dinner was Interim City Manager Ann Marie Gallant. Attendance: 28 Objectives/Performance Measures 1) Increase membership by 18 percent, adding 20 new members. 2) Focus at least one issue of the GABA newsletter on business marketing and promotion ilifoi7l that would be beneficial to GABA membership. 3) Initiate internet -based social networ king marketing opportunities for GABA members, possibly using Google, Facebook, Linkedin, or other similar intenet resources. 4) Continue to collaborate with the .Alameda Chamber of Commerce by sponsoring a booth at Business Expo and participating in various Chamber boards. Page 2 of 2 CITY OF ALAMEDA Memorandum To: Honorable chair and Members of the community Improvement commission From: Ann /Marie Gallant Interim Executive Director Date: October 20, 2009 Re: Authorize the Executive Director to Enter into a Contract in the Amount of $96,089 with the West Alameda Business Association for FY09 -10 In the late 1980s, the West Alameda Business Association (WABA) was.. established to deliver services to support the redevelopment of the .W..ebster Street Business District. Annual grants were considered "seed" money, with financial self sufficiency the mutually understood goal. Funding has, however, increased. every .year. This fiscal year the City's budget was cut 13 and the community Improvement Commission's (CIC) was reduced by 30%. DISCUSSION Given the national recession, state. budget crisis, and take of. redevelopment funds, CIC. funds to all Alameda business associations .should be regarded as .unreliable. WABA is encouraged to find ways to .collaborate with other. Alameda associations to reflect the new financial reality of California cities. and .the organizations they fund.. WABA's current budget appears to be less than the prio..r fiscal year; however, that is. due. to a bdget format change requested by CIC staff to assure .uniform financial reporting. Without the format change, the current WABA budget proposal would shover a 9% increase .over .the prior fiscal year. WABA's budget request submitted. to. CIC staff for FY 09 -10. and FYI 0.11 is $101,200 per year, while its total budget is $244,518. Staff recommends W grant request be funded at $96,089 in FY09-10, a 5% reduction, and $81,676 for FYI 0-11 a 15% reduction. staff further recommends .that grant funds be used only for the marketing and promotion of the association's businesses. The proposed budget for FY09 -10 is included in Exhibit 1. Expenditure History. WABA has a variety of revenue stream opportunities: the Business Improvement Area (BIA) enacted annually by the city Council; Landscape .and Lighting (L &L), a maintenance assessment district; self generated income; and city and other grants. Enhancing current revenue streams through assessment increases and /or CCIARRA/CC Agenda Item #2 ,-C Honorable Chair and October 20, 2009 Members of the Community Improvement commission Page 2 of 4 boundary changes was recently considered; however, this was not pursued due to the current economic climate. The table below compares expenditures over the past two years and projects FY09 -10 expenditures. °vest Alameda Bus�m ss Ass6ciatton staffing �r�cludes 66 E�e�uti�re Director, one full -trr�e ad`r�inistrte assistant `n`` a d contracted r sere. 07=08: 6895 68-09 69 =16 Expense Budget Budget Actual Budget a Salaries $93,200 $98,250 $109,863 $112,256 Maintenance 55,382 58 52 7 813 60 Marketing 120,400 93,825 96 50. 000 office Rent 1 Supplies 1 Overhead 22 22 27 22 26.2 Total $291,882 $273 $286,731 $244 S Maintenance Service. District maintenance is one of the largest services provided by WABA and consists of sidewalk cleaning, graffiti removal and general cleanup. The City's Public Works Department provided this service before t responsibility. was assumed by WABA in 2003 through a c.ontractua.l arrangement. These rvices are funded through the. L &L Assessment District, which is renewed annually. by the City Council. During recent periods of streetscape construction, L &L funds. were riot spent but set aside. These "reserve" funds are now being used to supplement the current program and are declining. The maintenance expenditures for the past three years are listed .below: West Alameda Business Association ll�a nt. L L .Payments (WABA' Supplement from Reserve FY Cost share of the annual levy.+ Reserve: Balance: reserve supplement, if any) 07 -08 $55,382 $64,458 $31,955 08 -09 58 34,900 12 0910 58 30,800 7 $69,035.87 Future Efficiencies. Maintenance is an area for potential consolidation as the reserve balance subsidizing the WABA effort is declining. Further, the basic L &L. annual assessments have not increased in past years. and do not provide .enough revenue to fully fund existing maintenance. activities. Staff. recommends. that a near -t.erm proj for WABA is to explore with the 'ark Street Business. Association (PS.BA) bidding a contract for maintenance services in both Districts from one service provider. Honorable chair and October 20, 2009 Members of the community Improvement commission Page 3 of 4 Cost Sharing. During the next year, city staff will work with the business associations to examine other ways to create efficiencies to lessen dependency upon public dollars. These efficiencies may include sharing personnel, office space, overhead, and other yet- to -be- determined cost streamlining measures. The associations and Economic Development Department staff would also like to evaluate ways to pool resources and function in a less "District" fashion and more in a citywide manner. The chamber, PSBA, and WABA have just begun planning the first citywide holiday event, which is a good start for collaboration and resource sharing. Accomplishments and objectives /Performance Measures. Major accomplishments and objectives /performance measures for WABA are listed below. A complete list is included in Exhibit 2. Sponsored events such as Concerts at the cove, ovine Dine, the annual Webster Jars (20,000+ attendance), and provided daily sidewalk cleaning service to the District. Objectives for next year are to increase media outreach and intensify the effort to attract new business to the District. IMPLEMENTATION WABA will be paid quarterly in arrears based upon requests fully substantiated by receipts for eligible activities. As proposed in the attached budget, the City grant. will be spent on non salary activities. Finally, new to the contract is language that specifically prohibits use of grant funds for employee or contractor salaries, lobbying activities, or to support litigation activities against the CIC, its employees, officials, and boards and commissions. FINANCIAL IMPACT The FY09 -1 0 CIC budget includes $96,089 for the vilest Alameda Business Association in CIC -BWlP Fund 203. Grant funds will be disbursed on a quarterly basis and will only be used for marketing and promotion of the organization's businesses. Disbursement of the grant funds will be documented by receipts for actual expenditures. MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE Economic Development Strategic Plan, July 2000, Strategy #2 reads as follows, "Support the chamber of commerce, merchants and merchant associations in their efforts to increase the availability and quality of retail goods and professional services that meet the purchasing preferences of Alameda residents and the employees of Alameda firms by: (1) supporting Park and Webster as "Main Street" retail zones..." Honorable Chair and October 20, 2009 Members of the Communit Improvement Commission Pa 4 of 4 RECOMMENDATION Authorize the Executive Director to enter into a contract in the amount of $96,089 with the West Alameda Business Association for FY09-1 0. Approved a to funds and account, ON Glenda D. Ja Interim Finance Director DES:SGR:ry Exhibits: 1. WABA Bud 2. WABA Accomplishments Objectives cc: West Alameda Business Association FY 2009 -2010 Proposed Operating Budget 'Lest Alameda Business Association EXPENSES Salaries /Benefits /Taxes CITY 3600 ASSN. 112 Rent INCOME 4, 5 00 GRANT B A L &L INCOME Utilities TOTAL Grant 101,200 101 BIA 36,000 36,000 Events (net income) 5000 50,000 Landscape Lighting 30 3000 Other 6 6 134,518 TOTAL 101 36,000 30 56,500 224,5DO EXPENSES Salaries /Benefits /Taxes 3600 76 112 Rent 4, 5 00 0 0 400 Utilities 3,500 3 Insurance (I3 &0, Liability) 4,562 4 Office Supplies Equipment 300 300 Member Services Accounting 5,600 5,600 SubTotal 22,262 36 76 134,518 MARKETING Website $1 $0 $0 $0 $1,500 Newsletters $4 $0 $0 $0 $4 Postage $1200 $0 $0 $0 $12 Meetings /Trainings $500 0 0 $500 Advertising /PR $11,500 $0 $0 $0 $11,500 SubTotal 30 3000 COMMITTEES MAINTENANCE 15 2%700 15 60 TOTAL 52 3600 2%700 91 224 Page 1 of 2 CC/ARRA/CIC Exhibit I to Agenda Rangy #2 =C °0012®x®9 FY 2005 -2009 Actual Expenditures West Alameda Business Association website CITY 1 ASSN. 1 Newsletters NCOME GRANT BIA 5 L &L INCOME Postage TOTAL Grant 101 10L200 ,200 BIA 37,000 3700 Events (net income) 25 25 Landscape Lighting 34 34,900 Other 8 11,536 19 56 TOTAL 101,200 4500 34 36 217 EXPENSES Salaries /Benefits /Taxes 45 6403 109 Rent 400 0 0 400 0 0 Utilities 3,479 3,079 lnsurance(D &O, Liability) 4,562 4 Office Supplies Equipment 4,518 4,518 Meniber Services ccounting 7,257 7,257 SubTotal 6408 6%3 81 134,079 website 1 1 Newsletters 5 5 Postage 507 5 MeetingslTrainings Advertising/PR 16,500 16 SubTotal 22,387 6 29,287 COMMITTEES MAINTENANCE 34,900 21,619 56 TOTAL 22,387 64,698 34,900 97,900 219,885 Page 2 of 2 P.O. Box 215 Alameda, CA 94501 510.523.5955 west Alameda a yahoo.eorn WEST ALAMEDA BUSINESS ASSOCIATION Board of Directors Accomplishments FY08 -09 Objectives /Performance Measures FY09 -10 Brad Shook, x Resident ACCOMPLISI E 3 Rum Sports Club Tricia Collins-Levy Co at Crab Cove Vice President 0 Free community music series produced in partnership with the East Bay The Glassman Re Parks Lu Burton, 0 1,500 3,000 attendees per concert. Treasurer Net income was $x.0,000. Curves Sam Koka, wine Dine Secretary 0 Showcase for west Alameda restaurants attr acting 150 300 attendees per SK Auto event. Bill DeMar 0 This event is pl anned to be revenue neutral, however, netted $2,200 in 2008. Edward Jones Farmers' Market ty Dittnler Al S ar kles p 0 Year -r ound weekly Tuesday market and Summertime Thursday even market serving the entire Alameda community. Dr. Jannett Jackson College of .Alameda Webster Street Jam Sandip J ariwala 0 Two- -day international food, art, and music festival. Featuring local vendors, Hawt Suites loca wi and beer as we as sup the local art communit pp g y• John Mascali 0 More than 20,000 attendees. Bur ger Kin a Net i ncome exceeded $25 ,000. Marketing campaign included newspaper and magazine ads. It also included 0 Dr. Chris Pieda Back to Health Chiropractic over 500 cable Tv ads targeted for the Oakland Alameda Sa Leandro San Lorenzo, and Hayward areas. Kent Rosenblum Rock wall wine Company Halloween on Webster Produced in partnership with Gallagher and Lindsey Realty. Attracts hundreds of children and families to the District. Santa on Webster A Y 1 1 •1 1 1 1 •1• P.O. Box 215 Alaineda, CA 94501 510.523.5955 West-Alameda@yalioo.com Marketing Weekly web site updates. Event advertising in the Alameda journal, Alameda Sup, the .fast Bay Express, Alameda and Oakland Magazine and on Comcast. Produced and distributed quarterly newsletters and monthly merchant updates. ongoing community outreach. Maintenance 0 Employed a maintenance company to sweep/clean the sidewalks and perform other maintenance duties seven days a week. 0 Sidewalks swept on a daily basis. Graffiti abated within 24 hours of discovery. 0 Shopping carts returned to stores on a daily basis. Member Services Assist members and potential members interfacing with City lull. Provide answers to members' questions on a daily basis. Assist property owners and realtors in filling vacancies in District. Manage banner program to beautify District. OBJECTIVES /PERFORMANCE MEASURES: 1) Participate in a citywide event with other Alameda Business Associations. 2} Double media outreach by including all residential units, whether owner or tenant occupied, throughout Alameda and through the addition of Jack London Square in Oakland. 3) .Attract and work with at least three new service or retail businesses in the District. 4) Develop an additional event to promote the District. 5) Create a Webster Street Brochure. Page 2 of 2 CITY OF ALAMEDA Memorandum To. Honorable chair and Members of the community Improvement Commission From: Ann Marie Gallant Interim Executive Director Date: October 20, 2009 Re: Authorize the Executive Director to Enter into a Contract .in the Amount of $1 05,874 with the Park Street Business Association for FY09 -10 In the late 1980s, the Park Street Business Association (PSBR) was established to deliver services to support the redevelopment of the Park Street Business District. Annual grants were considered "seed" money, with financial self sufficiency the mutually understood goal. Funding has, however, increased every year. This. fiscal year, the City's budget was cut 13 and the Community Improvement .Commission' (CIC) was reduced by 30 DISCUSSION Given the national recession, State budget crisis, and take. of redevelopment funds, CIC funds to all Alameda business associations should be regarded as .unreliable. 'SBA is encouraged to find gays to collaborate with other Alameda. assoc iations to reflect the new financial reality of California cities and the organizations they.fund. PSBA's budget request submitted to CIC .staff for FY09 -1 0. and FY1 0-11 is. $111,446 per year, while its total budget is $374,940. Staff recommends PSBA's grant request be funded at $105,874 in FY09 -10, a 5% reduction, and $89,286. in FY10 -11, a 15% reduction. Staff further recommends that grant funds be used for the marketing and promotion of the association's businesses. The proposed budget for FY09- 0 is included in Exhibit 1. Expenditure History. PSBR has a variety of revenue stream. opportunities: the Business Improvement Area (BIA) enacted annually by council, Landscape and Lighting (L &L), a maintenance assessment district; self generated income; and City and other grants. Enhancing current revenue streams through assessment increases and/or boundary changes was recently considered; however, this was not pursued due to the current economic climate. Agenda horn #2 10-20=09 Honorable chair and October 20, 2009 Members of the Community Improvement Commission Page 2 of 4 The table below compares expenditures over the past two years and projects FY09 -10 expenditures. Park Strut �u n ss Attociati n st a.... i u�des one x�cutiv D re or full- ro �n�str tip t t n tie ad a e ass. s a e e .ull fi: and ore a04i rn�e M a nte.nance corker. Expense 07 -08 0800 08 -09 Actual 09 =10 Budget Budget Budget Salaries $140 $143,000 Maintenance 117 11 4 11 9 92 Marketing 95,350 73,775 94,3 3 95 Office Rent 1 Supplies 44,870 43,470 38,457 39 Overhead Total $397,420 $374,942 $395 $374,946 Maintenance Service. District maintenance is one of the. largest. services provided by PSBA and consists of sidewalk cleaning, graffiti removal and general clean up. The City's Public Works Department provided th service before. the responsibility was assumed by PSBR in 2001 with its oven employees. These services. are f the L &L Assessment District, which is reneged annual by the Ci ty. Council During recent periods of streetscape construction, L &L .funds were not spent but set aside. These "reserve" funds were used to su pplement the current program; however the reserve fund has been completely exhausted and no longer exists.. The maintenance expenditures for the past three years are listed below: Future Efficiencies. Maintenance is an area for. po tential. consolidation as the reserve balance subsidizing the PSBA effort has .been fully. spent. Further, the bas.ic. L&L annual assessments have. not. increased..in past years and do not provide.. enough revenue to fully fund existing maintenance activities. Staff recommends that a near terra project for PSBA is to explore. with the West. Alameda Business Association (WABA) bidding a contract for maintenance services in both Districts from one service provider. Cost Sharing. over the next year, city staff will work with the city's business associations to examine other gays to create efficiencies to lessen dependency upon public dollars. These efficiencies may include sharing personnel, office space, 1 Reduced one full -time position to. part -time. Honorable Chair and October 20, 2009 Members of the Community Improvement Commission Page 3 of 4 overhead, and other yet- to -be- determined cost streamlining measures. The associations and Economic Development Department staff would also like to evaluate gays to pool resources and function in a less "District" fashion and more in a citywide manner. The chamber, PSBR, and WABA have just begun planning the first citywide holiday event, which is a good start for collaboration and resource sharing. Accomplishments and Objectives/Performance measures. Major accomplishments and objectives /performance measures for PSBA are listed below. A complete list is included in Exhibit 2. Sponsored both the annual Spring Festival (40,000+ attendance) and the Art and Wine Faire (100,000+ attendance), and provided daily sidewalk cleaning service to the District. Objectives for next year include assisting with the implementation of Phase II of the Park Street Streetscape Project and participation in the rezoning of North of Lincoln, IMPLEMENTATION PSBA will be paid quarterly in arrears based upon requests fully substantiated by receipts for eligible activities. As proposed in the attached budget, the City grant will be spent on non salary activities. Finally, new to the contract is language that specifically prohibits use of grant funds for employee or contractor salaries, lobbying activities, or to support litigation activities against the CIC, its employees, officials, and boards and commissions. FINANCIAL IMPACT The total impact to the CIC budget is $105,874 in FY09 -10 and $89,280. in FY10 -11 and is budgeted in CIC -BWIP Fund 203. Grant funds will be disbursed on a quarterly basis and will only be used for marketing and promotion of the organizations businesses. Disbursement of the grant funds will be documented by receipts for actual expenditures. MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE Economic Development Strategic Flan, July 2000, Strategy #2 reads as follows, "Support the Chamber of Commerce, merchants and merchant associations in their efforts to increase the availability and quality of retail goods and professional services that meet the purchasing preferences of Alameda residents and the employees of Alameda firms by: (1) supporting Park and Webster as "Main Street" retail zones..." Honorable chair and October 20, 2009 Members of the Community Improvement Commission Page 4 of 4 RECOMMENDATION Authorize the Executive Director to enter into a contract in the amount of $1 05,874 with the Park Street Business Association for FY09-1 0. Respectful sum d, Leslie A. Little Economic Development Director Approved as to funds and account, Glenda D. Jay Interim Finance Director DES:SOR:ry Exhibits: 1. PSBR Budget 2. PSBA Accomplishments Objectives cc: Park Street Business Association FY 2009 -2410 Proposed operating Budget Park Street Business Association CC /ARRA/C C Exhibit I to Page 1 of 2 Agenda Item #2m® 1 o -2o -09 CITY !""'►S S N r INCOME GRANT BIA L &L INCOME TOTAL Grant 111,446 111 BIA 85 55 Events (net income) 10700 10700 Landscape Lighting 50 50,500 Other 5,000 16,000 21,000 TOTAL 111,446 90,000 50,500 123,000 374,946 EXPENSES Sal arles/Benef t5lTaxes 70,750 70,650 141 Rent 1200 120 Utilities 100 1,800 Insurance[D &0, Liability, WQ 4 8 12 Office Supplies Equipment 200 20.0 Newsletters 4,200 4,200 Postage 2 2 Meetings /Trainings 2 2,750 Member Services Accounting 700 1,000 MOO SubTotal 34,100 53 70 187,750 MARKETING eb sitelShopping Guide 400 4 Advertising (Newspaper, Magazines, cable) 73,346 73 SubTotal 77 77 COMMITTEES 17 1.7 MAINTENANCE 7,000 50,500 34,550 92,050 TOTAL 111 83 50,500 123 374 CC /ARRA/C C Exhibit I to Page 1 of 2 Agenda Item #2m® 1 o -2o -09 FY 2008 -2009 Actual ]Expenditures Park Street Business Association MARKETING website /Shopping Guide 5,893 CITY 5,893 ASSN, 68,122 INCOME GRANT 68,122 BIA 74M15 L&L INCOME TOTAL Grant 111 5 446 111446 BIA. 92 92,658 Events (net income) 130,326 130 Landscape Lighting 57,417 57 Other 800 11 19,836 TOTAL 111 100 57 1 417 142 5 162 411,683 EXPENSES Salaries /Benefits /Taxes 37 2607 79,482 143 Rent 1200 12,000 Utilities 1 1470 Insurance(D&O, Liability, WQ 5,990 5,990 Office Supplies Equipment 3,292 3 Newsletters 4,490 4,490 Postage 2 2 MeetingslTrainings 2,873 2,873 Member Services Accounting 7,257 7.257 SubTotal 37 58,218 87 182.913 MARKETING website /Shopping Guide 5,893 5,893 Advertising (Newspaper, Magazines, cable) 68,122 68,122 SubTotal 74M15 74,015 COMMITTEES 20 20,348 MAINTENANCE 27 57,417 34 119,288 TOTAL: 11 1 85,539 57,417 142 396,564 Page 2 of 2 Park Street Business Association PARK STREET BUSINESS ASSOCIATION Accomplishments FY08 -09 Objectives /Performance Measures FY09-1 0 ACCOMPLISHMENTS: Spring Festival 0 40,000 visitors to the Parr Street District during Mother's Day weekend 0 Net income was $25,000 Art wine Faire 0 100 visitors to the Park Street District during the two days of the event Net income was $101,000 Classic Car Show 0 25,000 visitors to the Park Street district during the one day of the event 0 This event is planned to be revenue neutral. However we did net $1,000 in 2008. Holiday Advertising Campaign Implemented multi -media advertising campaign between Thanksgiving and Christmas. The campaign included newspaper and magazine ads. It also included over 500 cable TV ads targeted for the Oakland, Alameda, San Leandro, San Lorenzo, and Hayward areas. Sponsored the annual tree decorating contest downtown. Marketing 0 Upgraded web site 0 Produced and distributed 2008 Shopping Guide 0 Double truck ad in the ACLO program Produced and distributed 12 monthly newsletters. The distribution list exceeds 600. e Produced a section (including membership roster and District map) in the Alameda Directory. Maintenance Maintained two workers to provide 7- days -a -week service in the District Sidewalks swept on a daily basis Graffiti abated within 24 hours of discovery Shopping carts returned to stores on a daily basis Member Services Assisted members interfacing with City government Assisted with compiling of the "North of Lincoln" report Provided answers to members' questions on a daily basis 2447 Santa Clara Ave., #302, Alameda CA 94501 Phone: 510- 523 -1392 y Fax: 510- 523 -2372 y email: parkstreet ga aiamedan CC /ARRAX1C Exhibit 2 t® Page l of 2 Agenda Item #2-D 10 =®w09 Park Street Business Association s 1) Participate in a city -wide event with other Alameda Business Associations. 2) Assist City Departments in implementing and completing Phase II of the Park Street Streetscape Town Center Project. 3) Work with the Planning and Economic Development Departments to accomplish the rezoning of North of Lincoln. 4) work with the Planning and Economic Development Departments to amend the "Community Commercial" zoning designation. 5) Implement at least two new advertising outlets to promote existing special events and the holiday shopping season. 2447 Santa Clara Ave., #302, Alameda CA. 94501 'hone: 510 -523 -1392 7 Fax: 510- 523 -2372 7 email: parkstreet Calamedanet.net y web: shopparkstreet.eom Page 2 of 2 CITY OF ALAMEDA Memorandum To: Honorable Chair and Members of the Community Improvement Commission From: Ann Marie Gallant Interim Executive Director Date: October 20, 2009 Re: Authorize the Executive Director to Enter into a Contract in the Amount of $40,000 with the Alameda Chamber of Commerce for FY09 -10 BACKGROUND The Alameda Chamber of Commerce .(the Chamber) was established in 1 929 and serves all Alameda businesses. It is governed by.a 15- mernber Board of Directors, and has 500 members. The. Chamber is requesting financial assistance support to increase its activities to the Alameda business community. Exhibit I lists .the Chamber's recent accomplishments and its objectives /performance measures for FY09 -10. DISCUSSION The Chamber has approached the City with a proposal to increase Alameda s visibility as a place to live, conduct business, and/or to visit. The Chamber is requesting $40,000 in FY09 -1 0 funding to increase activities and support to not only the .local .business community but to the residents of Alameda. The Chamber would move toward the concept of becoming a Chamber and.Visitors Bureau, a model used in many other jurisdictions, which. provides .both a service organization to member businesses and an outreach beyond th.e Staff= will work with the Chamber to develop a street presence that will provide visibility for the Chamber to develop the visitors .Bureau concept. A new location. for the .Cham.be.r along one of Alameda's main streets can not only serve as. a .visitors Bureau, but also highlight local. products made in Alameda by offering a small retail component. The Chamber's new office could be. a .catalyst for a new development project,% thus. creating new tax revenue to the City. The City's contribution to. a Chamber visitors Bureau would repaid in the form of new property tax revenue and job creation. Specifics of some of the projects that the Chamber will develop include: website: Create a new website that includes a special section promoting venues to visit and fun things to do in Alameda, including City and Chamber- sponsored events such as the Mayor's 4th of July Parade, various street fairs, the .sand castle contest, CC1ARRA/CC Agenda Item #2mE Honorable Chair and October 20, 2009 Members of the Communit Improvement Commission Pa 2 of 3 and other special events. The website would include linka to business association activities and business information and demo The website is the critical portal for persons or companies considerin Alameda. "Shop Alameda!": Expand and enhance the current. marketin ca b creatin new materials (cards with discounts, shoppin bags, collateral ads, etc. Conduct outreach to businesses in all districts throu the cit to encoura their participation in the pro Media Releases: Prepare press releases and articles on major Alameda events such as the Art Wine Faire, the Webster Street Jam, and the Ma 4th of Jul Parade for travel-related ma such as AAA's Via ma Sunset ma Visit California, Southwest Airlines' in-fli ma Territor Exp a new publication, first issue late summer `00 as well as in significant re business publications such as The San Francisco B Ti Facilit Alameda's inclusion in the California Travel/To C.ou.n (CTTC} q uarterl y publications' calendars and stren Alameda's visibilit with CTTC:b respondin to all informational re Relocation Packet: Create a new, improved packet to be picked. up or sent. to individuals and/or companies considerin relocatin to Alameda. The new pa will include all basic demo information on Alameda and ..a cop of an expanded Chamber Business Director that also includes visitor i The Chamber's proposed bud for FY09/1 0 is included in Exhibit 2. IMPLEMENTATION The Chamber will be paid q uarterl y in arrears based upon re full b receipts for eli activities. As proposed in the at bud the Cit g be spent on non-salar activities. The contract also contains. lan that specificall prohibits use of g rant funds for emplo or contractor salaries, lobb activi or. to support liti activities a the CIC, its emplo officials, an boards and commissions. FINANCIAL IMPACT The FY09-1 0 bud includes $40,000 for the Alameda Chamber of Commerc in CIC- BWIP Fund 203. MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE Economic Development Strate Plan., Jul 2000, Strate #2 reads as follows, "Support the Chamber of Commerce, merchants and merchant associations in their efforts to increase the availabilit and q ualit y of retail g oods and professional services Honorable chair and October 20, 2009 Members of the Community Improvement commission Page 3 of 3 that meet the purchasing preferences of Alameda residents and the employees of Alameda firms by: (1) supporting Park and Webster as "Main Street" retail zones..." RECOMMENDATION Authorize the Executive Director to enter into a contract in the amount of $40,000 with the Alameda Chamber of Commerce for FY09 -10. Respect ully b itt Leslie Littl Economic Development Director Approved as to funds and account, Glenda D. Jay Interim Finance Director DES:SGR:ry Exhibits: 1. Accomplishments Objectives /Performance Measures 2. chamber Budget FY 09110 cc: Alameda chamber of Commerce ALAMEDA CHAMBER OF COMMERCE Accomplishments FY08 -09 Objectives /Performance Measures FY09 -10 ACCOMPLISHMENTS Business Expo and Trade Show Annual .March event that showcases Chamber members' wares and services and puts them in direct contact with potential clients and other potential business -to- business collaborators. The 2009. event was the .8 annual event and drew over 350. Alameda Chamber partners wi tli surrounding Chambers, inviting their members to the event to build regional business ties. Annual Business Awards. First of the year annual event honors the accomplishments of focal businesses and individuals in 14 categories acknowledging superior achievement throughout the Alameda business community. Award nominations are from the general public with. Chamber members voting on wiruzers. In 2009, attendance exceeded 300 for this 12' ann ual event. Business E -waste Partnered with Universal Waste Management, a local company, to find an environmentally responsible way for individuals to dispose of electronic waste such as computers, monitors, and all things electrical. Over 950 vehicles used a convenient .drop -off point that resulted in the collection of over 50,000 pounds of waste at no charge to the participants. Candidate Forums Tools the lead and cosponsored with other Alameda Business Associations forums for Council and School Board. candidates. Quarterly "Breakfast with the Mayor and City Manger" Events Events are structured to improve communication between City of Alameda elected officials and staff with the business community and provide a forum for dialogue. Monthly Mixers Meld the second Wednesday of each month to strengthen business ties and provide networlung opportunities for an average of over 200 participants per event. CC /A RRA/C1C Exhibit 7 to Page 1 of 2 Agenda Item #2=E 10 =20w09 Monthly Luncheons Held throughout the year and feature speakers on various topics of interest to the community. For example, this past year featured speakers such as the U.S. Coast Guard Commandant, Alice Lai- Bitker on the "State of the County," and developers such as SunCal and Catellus. Print Media Prepared a monthly Chamber newsletter, "Alameda Business with an ultimate distribution of over 25,000 to keep the community abreast of significant business issues and events. i Issued over 50 press releases to print media throughout the Bay Area. Ribbon Cuttings over the past year, conducted 30 -plus ribbon cuttings that celebrated grand openings, extensive remodels, and business anniversaries Events are photographed and re- appear in the Chamber newsletter, circulation of 25,000 Elected officials and city staff typically attend, building strong public /private sector relationships. Shop Alaineda! Campaign Developed to keep "local dollars local," this campaign stresses the importance of shopping in Alameda through articles, logoed reusable shopping bags, and word of mouth. Also developed the "Chaimb er Board Challenge" with members asked to purchase only in Alameda fog a 10-day period. The Challenge was featured in the newsletter to show b y example the importance of supporting local business and keeping sales tax revenue in Alameda. OBJECTIVES/PERFORMANCE MEASURES: 1) Participate in a city -wide event with other Alameda Business Associations 2) Place Alameda -based events in the calendars of at least three regional publications and/or get articles about Alameda in at least three regional publications such as Sunset, Via, etc. 3) Create a new relocation package with a comprehensive overview of Alameda and what all it has to offer to both families and potential business considering a move to Alameda. 4) Enhance the Shop Alameda! campaign through the creation of new materials and obtain the participation of other Alameda Business Associations. 5) Increase by 25% the hits on the Chamber's website which will be substantially improved in FY 10. Page 2 of 2 FY 2009 -2010 Proposed Operating Budget Alameda Chamber of Commerce SubTotal MARKETING Website Register VisitAlameda.Com shopalameda.com Advertising (Newspaper, Magazines,web Logo Design(s) Chamber NIL BANG Sat Home /Garden 12 issues Inside Bay Area Banner Ads Additional Ads (in flights cable) Other Shop Alameda collateral Decals (5000 static cling) Shopping Bags (2500 bags) Relocation Packet Folders Additional Directories S u biota I 3,000 1,020 4,020 350 16,150 16,150 750 750 5,100 2,100 1,790 COMMITTEES 400 400 MAINTENANCE 3,720 3,720 TOTAL 40,290 190,493 215,943 CWARRAMIC Exhibit 2 to Page 1 of 1 Agenda Item ##2mE °I O =2®m ®9 CITY ASSOCIATION INCOME GRANT Dues Sponsorships INCOME TOTAL Grant 40,000 40,000 Membership Dues 155,845 155,845 Events (net income) 11,494 11,494 Sponsorships 13,395 1 3,395 Other 11 ,080 11,080 TOTAL 40 155,845 13,395 22,574 231,814 EXPENSES Salaries /Benefits/Taxes 124,469 124469 Rent 37,764 37,764 Utilities Phone $50 per mo 600 5,420 6,020 Insurance (D &O, Liability, WC) 5,100 5,100 Office Supplies Equipment 3,500 3,500 Postage 1 1 200 1,000 2, 200 MeetingsfTrainings 2 750 2,750 Outside Services (writer) 2,500 5,600 8,100 Articles Other 1 ,000 1 ,000 Printing 5,500 SubTotal MARKETING Website Register VisitAlameda.Com shopalameda.com Advertising (Newspaper, Magazines,web Logo Design(s) Chamber NIL BANG Sat Home /Garden 12 issues Inside Bay Area Banner Ads Additional Ads (in flights cable) Other Shop Alameda collateral Decals (5000 static cling) Shopping Bags (2500 bags) Relocation Packet Folders Additional Directories S u biota I 3,000 1,020 4,020 350 16,150 16,150 750 750 5,100 2,100 1,790 COMMITTEES 400 400 MAINTENANCE 3,720 3,720 TOTAL 40,290 190,493 215,943 CWARRAMIC Exhibit 2 to Page 1 of 1 Agenda Item ##2mE °I O =2®m ®9 CITY OF AL.AM EDA Memorandum To: Honorable chair and Members of the Community Improvement commission From: Ann Marie Gallant Interim Executive Director Date: October 20, 2009 Re: Approve and Appropriate a $200,000 Brownfields Subgrant Agreement to Assist in the FISC Fire Cleanup BACKGROUND In the early morning of March 29, 2009, Building 0, the former Medical /Dental Facility at the Fleet Industrial Supply Center (FISC), caught fire and was destroyed. The debris from the fire was assumed to contain hazardous.rnaterials, and the. Bay Area Air Quality Management District issued an order to abate the condition. Staff worked with the low bid contractors, FERMA corporation and Vista Environmental consulting, to comply with the abatement order. DISCUSSION After FERMA and Vista cleared the debris from around the remaining concrete structures, the next phase of the work plan was to remove asbestos from. the structures to allow for demolition and dumping. Upon accessing the concrete structures, it was determined that they were not stable enough for teams to enter and remove .the asbestos from pipe lagging, floor tiles and other asbestos mastics. Additional funding was needed to allow the contractors to .shore up and abate the concrete structures. If the structures were not abated and demolished as -is, the cost for demolition would nearly triple. Staff discussed the challenges of .abating this structure with regulators and learned of a potential source of funding assistance. Staff and. PM Realty Group submitted the necessary documentation and secured a $200,000 grant from the State Department of Toxics Substances control to assist in the project cleanup. FINANCIAL IMPACT This grant is paid in reimbursement. The funds will be deposited in the Alameda Reuse and Redevelopment Authority Fund 858, which has appropriated $1.5 million for FISC fire cleanup. CC /ARRA/CIC Agenda Item ##2wF 1 D -2D -09 Honorable Chair and October 20, 2009 Members of the Community Improvement Commission Page 2 of 2 RECOMMENDATION Approve and appropriate a $200,000 Brownfields Subgrant Agreement to assist in the FISC fire cleanup. Approved as to funds and account, Glenda U. Jay Interim Finance Director NM Exhibit: 1. Brownfields Subgrant Agreement Brownfields Sub A Pa I of 8 STATE OFCAURFORNIA ENVIRONMENTAL PROTECTION AG1-:NCY DEPARTMENT OF TOXIC. SUBSTANCES CONTROL GRANT AGREEMENT 1111"W1 This EPA Bm wry fields S,ub A (Afameda Landin Miti Pro is made and -entered into on this:28 da of September 200 b the State of California. actin throu the Director of.the:Ca1ifbrn1a Department of Toxic Substances. Control -h a I t e GRANTEE o:r"DTSQ7`) nd. the C*t of Alameda. Communit Improvement C ommissJon the "SUBGRANTEE" RECITALS -e -te a�.-r c a t, n u, n A. DTSC f1s; the recipt.-nt. ..ert. f ds from the United Sta s. Environmental Protection A (the "EPA'.5 to the..Qompre�h Environmental.Respoms.e, Compensation,- and Liabilit Act: -1 04(k "und.er EPA C oo.perative A No.. BF-969875.0.1, dated Au 10. 20 which have b in used to establish and min inter a revolvin loan. fund.(the "Brownfie.lds� Revolvin L o gi n Fund from which nij �,to u TSC isauthonzed.to make sub fi fi es wfflln ndertake -u.bstances, on b-,,rown 1 .1, remediation and miti of hazardous s- fie --d s, iner r n e la B. The SUBGRANTEE.. owns. real proper t V:�ree.. rall loca -at 2 1: 55. M ah i -th e e Drive i th C* of Amed�a, Qalffoa. the �'Propert Propert is described in the D s r t ..:and depipted:.on the "Map" which. are attzich.ed hereto. as. Ex.h.1bit "A" and E iblt "B"., respectivel and incorporated' herein b this reference,:.. C. Cit ofAlaMeda. C ommunit y Improvement Commissi proposes to.re and clez-:Inup fi as bestosP*containin and �contaminated materials- and related debris, demolish rem.ain in structures and p roperl y dispose of and transport waste from a fire.dam.a bulidin D. The Ba Area Air Qualit Mana District approve'd Work Rian prepared:by Vista Environmental G.on-sU__1. ti. n LLC..., an en.viro.n meat a] contractor for the S that it is pecessar to safel rem.ov c -snap iire.da,ma. and contaminated matenals and. related debris,: de �rematnin structures, -sp:( and propert dispose of, and tran art, waste materials. E.. SUBGRANTEE I I If I while Wifin to undertake the Kfi Pr j ect. described below, has re that tie Department of Toxic Substances Control provide ub. the Brownfields Revolvin Loan Funds hereinafter defined as the "Su g rant' in order to do: -so. CC/ARRA/CIC Exhibit t® A Item #21-F Brownfields Sub A Pa 2 of 8 F. The SUBGRANT EE is a local g overnmental entit and the Propert is not Y fisted z nor proposed to be listed,; on the EPA :s �National Priarffies Ust, -ible to: therefore, the SUBG.RANTE.E is: efi re oei v e the Sub N FOB AND 1W CO.N.S.ID.ERATION. OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS CONTAINED HEREIN THE DEPARTMENT OF TOXIC .SURSTANCES CONTROL AND SURG FAA NTEE AGREE AS FOLLOWS: 1.. The D irector of the. De -ment of Toxic Substances C ontrol �o rt rdesi is o s f t he .authoriz %to, ac", onbe.half of DTSC in ord m Men t. r ti 'to i pie fiat re t Cooperative A o_ x.9. 9: `75 x 2. DISC has desi a: enviran.mental ect Man g er who shall review the work tobe performed- usin �the ..Brownfield Revowin L s pan Funds. DTSC.S- environmental.. pro fan a .will review th. SUBGRANTEE's. B a Ar.ea.Ai r Q uality V�, D i�t r ict app roved Work Plarl (the "Project Do cuments'" and �the 'say i ifies as review e ar.on en S u re. that the �M iti atio n Pro' ct 's. b :comp e j e i, ein let d:in accord'anc. t wih e.. .all �app licable Federal, State,; and local re and- tecti e f 1s. Pr.0. V. 0 .hum-an health -and the environment- 3., The. SUBGRANTEE.shall ensure that a.11. public, participation :re q u." i ts iremen n i 4 k u es. public otfi cat n ios, oppartunt �ies or putaitc are mgt. Thls.t.-nclz..�.d invol nt response�: t imeht s a s C I r a lon veme h' com.. e t b1i :in -a. lo al '-.,,nfb t* --e:co u :repositor The. S.UBGRANTEE W111 provid P jes of.all- blic notices.and respo co.me to.PTS.0 .forth .e: pro tile. .4, DTSC. a gen B up to. wo hundred thousa d n dollars: $200 00.0.: 0 0). of B.ro ��nf elds-: Revo Ivin Loan Funds:to.be� used t m le t the a be tos. I ted- f i e le up and demo the N .p m s s -re a r o-..an,. Pro ").at the Pr6be- All proceeds, of the Sub g rant 8�h 11.b he ld. b a e Y DTSQ and d s u reed. upon receipt of Written invoices and documentat on to the reps onab act ion.of t D 5. The DTSC's obli under this Su gr A rat i re cont[n g ent. Z upon and subJect to the 8vallabifift Of funds appropriated for the EPA .01 Brownfiel Revolvin Loan FUnd Grant,, 6. The term.of the. s ub g rant shall b e.a period of two (2) y e a rs fro. the.date of S exe i M eement or until the DTSC' ion of th's the- M *t' i Project is complete, which ever co first. 7 The SUB GRANTEE has prepared an initial cost estimate for t4R.. Miti- ation 9 ilbit "C". A detailed cost estimate "'Pro j ect. Pro attached- hereto as Exh Brown fields- Sub g ra.nt A Pa 3 of 8 Bud shall be- submitted b the Cit of Alameda Communit Improvement Commission to DTSC for review and approval. The approved Pro Bud W111.1 be incorporated into this A 8, The Sub g rant shall be. pa to the SUBGRANTEE as a--, reimbursement for allowable expenses incurred based upon the pro of the work and in accordance with the approved Project Bud g atno e 9.. The S--U---.BG RANTED. -will carr outAhe M iti the Comprehensive Environmental Res C- o a ,ion a t' d L' bifit ponsen ta i y Act (CERCLA) 104(k); Uniform- Administrative Re m ar e s for Grants and -Cooperative A to States. and L ocal Go vernments (40 CFA. Part 3 1); and aid other applicable pro visi.ons of Fed St -prlocal law, :coac o 10. The SUB RANTED represents tin on at. none of the q tr tors r subcoPtraptors. underta t Mit i g ation Pro currentl usp end ed, debarred,: or other Mise declared inefi for parficip,,--fion 'n th's Federal .pro or from the receipt of.procee. of the:sub fu n. d 11r The SUBGRANTEE shall C arr out the ii i Pro in accord.an-rce with the Davis-Baco n Act of 1931 which re m en' of Federal-prevaifin q uires pa i wa rates f o r e de.rall co n tructior repair r alteration, work 12. The. SUBGRANTES shall compl with Execut' v& Order :1 1- 246 E mplo portunit and. implemOnti.n re uiations at 41 C.FR 60-4 P relatin federall assisted construction. contracts. 13. The SU.BGRANTE.E- shall g rant DTSC. the. ri .t en the. Pr p rt- to o v.ersee Miti implem.entat.ton..at. an r onabl.e. tMe. Whenever possibte, D TSC shall prov td.e advance notice to SU GRANTEE enterin the Propert 14. The SUBGRANTEE shall provide codes` of miti P lans,. permit t() application, en documents.a copies ofenvironMental permi s received to DTSUs- desi at d environmental pro mana 15. The, SUBGR understands and a that all Sub: funds p ided b DTIC shall onl be used to m1fi �hazard.ous conditions rovi within the Property. 16. The SUBGRANTEE further nde.rst r ds and ag rees that the receipt of an Sub funds. and a] I work performed on. the Propert usin Subant funds are. conditioned upon the SUBGRANTEE's full oompltance with the .Pr J ect Documents an me d this Sub A 01 Brownfields Su-b Pa 4 of 8 17. SUBGRANTEE a to document and kee p sepa H rate a- expenditures of the Sub funds within the. approv Pr .Bud SUBGRAIN Bud At �t et shaH not exce .an of the costs. show n �tn the -approved, Pro jec is the responsibRity S UGRAT E E y an costs of 1he Mffi of the to pa i i ion. Pr "ect that exceeds the Sub amount. Oj 184 All work on the, Miti Pr ject performed -pur uan' to-this Sub -O grant A and with.Sub g ran t funds:sh,alt be performed in a g ood and workman, like man r. 19. A han or Mod'i t n h -t hall be approv n d -11 c.ficaio to te Miti. �tio. Pr 'e S e i ga n 1..c M rict writin b the. Ba Area Air Quall Y Mana e ent.Dist i .(the L R g ulatar y Aa6nc n 0 y p or to such �chan r mod"fic t'on becoin I a- m I. effective. The SUBGRANTEE shall, pr bvid. "e. of.al] �oh an or Modifications.to: the Miti Prp� DTSC. -al All addffion costsJincurre.. a S -f a ny Chi e Orde :h 11: be su b esult o a ng rs, s a u prior:wrip. n, approval Lban In A b Revol, Fund. of the DTSC. If the cost are t b.e �pa.1 y .DT.SCs the n h u iscoveredd u rin �th-e "'M iti tion eve.t t.at nfores n on t ee cdIio nsare. 6 P ro j ect" im -leme nt a tiOn that.presehit an immin en b _t '-fi t Orsul S, an a I :endan hum n h a th and en v*ronm tt:� the TeSC.reserves the.. ri -to m u i re: the SUr G to: r e the ro Docu. ments 20a �SUBGRANTEE, atits's-ol cost a j u e. nd -x and rom so oth th a n rCeS er ni x1 the S-ub shall be responsible f6r:�obt8i 'n it 1' cen er. s,- ses., app t i re b -ra provals., .c. and spe tiOns in: on d e I State or �loc.al IOW and to maintain s K s lic ce. t caons a permi� enses approva s�,.. fi nd. inspections ire current status durin the term of this Aar rr ent 21. The SUBGRANTES Shall. a-. Notif D the MifitinProjec is. copete.. Th sh. g ion t or doc thi�t .rn*ti at* of hazardous condftions has been: performed: in accord-ance.w'�ith..the:te-rm:$ of this -Su b This cioseaut do t ation shalf summar ize men. the -actions taken,: the.,re.sources committed, the. b lems. enc o: un-tered in o :e M It' at' n.Pr ct: a .:and document th compi. ti n of th ..I 10_ .0 J if. n at the Miti -COM plOte. Thi.s:d'-D.Cumentation shall:be su'bmitted to DTSC s desi naffed environmental project ma.nagerx an b. Perform alb .of its obli und S--ub reemetnt and other a rum ,,e.n,ts t o.which the .SUBGRANTEE is a -part and which relate, -to this Su b A or to the 'ect. Mit' ation Pr 11. 1 01 22, An forbearance b DTSC with. respect to an the .termsa conditions of this A shall .in no wa constitute a..W aiver ol an of DTSC"s ri hts or privile g r a nted hereunder. Brownfields Su g rant A Pa 5 of 8: 23. In the event of a, default of an of thta., terms or conditions of this Sub Aweement, the SUBGRANTEE shall forfeit use of the Sub g rant funds not y et. disbursed. 24. The SUBGRANTEE a to: maintain. finap i a rid. pro records pertainin to- all relative to this Sub in accordance Il accepted account* with g enera in prmotples:,and procedures.. All such records a s do'copments s ha l l be. made availab upon re for inspection or audit b DT8C or its representatives. The SUBGRANTEE shall retain all of its rew ds end supporfin docu 'L t' e is i g men-a. ion appli. to th" Su g rant A for a -period of three 3 ye ars, after. th M itig.a.tion Project is complete except records that are sub to audit findin W. I "ch shall be reta.ined three 3 y e a rs: a ver .suc,h findings ha. been -res 25. The SUBGRANTEE a to perm.1t..D'T'SC o.r its d i.:asi g nated representative to inspect.. a ./or audit its records and book relative to.t.N&A, at .an t ime: uTin nofm business hours znd.under reasonable Ci rcumstances and to cop therefrom a *in th D desires. relevant. to:.thi.s A DTSC shal] Pr ovide w.r i noti SUBGRANTEE.-prior to the mplemeritatin of h' The t..is Provision .SUBGRANTEE a to.d.eliver the: records r. have the,:. reco delivered to DTS-,,C or its desi repres a atwe.at an address desi part 26. The SUBGRANTEE will compl with th stat P rohibit.M. g discrimi n -at i on ors the i c color. national: ori sex and disabil.it ln addition g rounds 0 ra e the.SUBGRANTEE. will undertake: faith efforts tb;. o portunities for P _.mall Bu siness. ;BE Mino it Ent q ualffieG Enterprise (S. erprises, MBE): and Women-Owned Business E nt e rprise s :(WBE) to -s� b U M:lt r proposal's-i-, bids, provide sefit s and. s.Lboontracts fo services and s ,andWill assure%the State that.it complies with.the Ainerican With Dll[iscrimi a ion, on the sabM es ct 1 hic i A _(�ADA of P9.0 Wh P :r6hibts d� ri. t* t basis of disabilit as. well as al.1 applicable re amid guideiir su ed es- is p u rsuant t .the ADS (4.2 U, S., C. 121 1. et s e q 27� The SUBG a to protect, indemnif defend and hold cers admintstrato, s, emplo harmless,! DISC its offi rs a serant v Ma and ati other persons or le entitles to whom the SUBGRANTEE e l l fr for r d Ots es, iabe om, o a an s and al.1 clams., I Joss dama j ud gm ents, Costs and expense.s, whether direct, indjn�ct or cons ea uentl a-[ and Inclu- din but not limited to, all fees ex penses. end char of attorne .and other professionals, court costs,. are .other fees and. e xpenses! for bodil injur inci.udin de .ath, personal injur and propert dama arisin out of or in (_.,onnectian with the performanGe. of an work or -an respons.1billt or obli of the SUBGRANTEE as. provided herein Brownfields Sub A Pa 6 of 8 and caused in who or in part b an act,: error, or omission the SUBGRANTE-E, its a servants, emplo or assi 28. The SUBGRANTEE shall not assi or attemp.t.. to asst directl or indirectl an of its ri under th is Sub rant A or under an 1 9 instrument referred to herein without the e- wriften consent .af DTSC. 29. This Sub A is not 'I ntended t.o create .or vest ane r in an .third party or to: createan third part bel.n.eficiari-C,-.1s. 30. No amendments or varlatio. of the terms .ofthi Sub A o I be valid unless made in wrifin si b P arfi Hmk-EIS hereto. No ra t t understand"in 'or a not:iincorporated. in -o: his �Sub -A is b indin on an of the parties, This S ub PeMe.n. m be. a amended, mod'J .."..d or au b mutu I �consent of the partie's sub to the re and Flestrictions of this para �h, Sub -it fi, n d-s shall p g rar., u ations be responsiblefor obtainin al.-] g permits, licenses, �approvals, ce-tifi6 i and inspections re b Federal, or Io Cal 12wand.to maintain.such ifs, nses pnsp erm approvals ce rtffi cations: and i- ectibns cur rent state's durin the term of this A em r t. 3 1. It is. expressl that a f ailure.o. on the part �of th -o S. U BGRANTEE. in the rf w hole :or,jn��parlan or f the t r y pe e t 6t :�a n -u of this Subgrant .UcJPrecoX go: ii�mer dersfire, stoodnot, insurrecfion,, em b.ar g overnmehfal or., re priorit or. other fimitation-S or r estrictio t T sk-imi ns r or obe a unforeseen causes �be th so ailure nab I.e. co o su part the �f o r d e la y sb af I �not con stitu'te a..b reach or defa u It under th i s: S u bg ran t A t- however, the SU B nt, GRANTEE sha-11%.Use. its best effort to: e�nsure io O completed. in a reasonablelt w "thout that the Mit fi n Pr ect is 'me i .unnecessar dela 32.. The provisions of thi-s Sub A ent shall inure to the- benefit f: e n d g reem o a be bindin upon the parties hereto and the.ir respective zaccess s and assi 31 No failure of eith pa to exerp.se a p o.r ri g ive nni hereu.nder or to insist on strict compliance b the other.part with Its Ob11gat io ns I o hereunder sh-al.1 constitute .wai o.f the. other party ri t dem.and.at a n y time exact c'ompliance with the terms.here.of., 34, All notices, re instructions or other documents to be. g ive,!n.hereunder to either part b the other shall be in wrtin and delivered or se paid, to the: add. es set n t y rtif a ess b ceied -or re m,il, posta pre r forth in thi.s Sub A me nt- An such notice, request, I I.nStr or other document shall be conolusivel deemeed to have been received and be Brown-fields Sub A Pa 7 of 8 f eCt on the date on which personall delivered or, if sent b ce-ftified or re mail, on- the da mailed to the Pardee as foljows: To t he GRANTEE- Department of ToxJc Substances Control: Brownfields and Environmental R stor Or Pro Grant Mana 1001 'T' Street P.O. Box 80.6 S acramento, CA 95812-0806 To the SUBGRANTEE-, Cit of Alameda, Communit Im Commission: Interim Executive Director 22.63 Santa Clara .Avenue Alameda, California 945.01 or tosuch other address as a part ma subse Specif in, writin to the other part 34, Under the State 1..aws, the SUBGRANTEE sha.[roof be- a. In violatton of- an order or reso[ution not suo to �review promul .b the State: Kir Resources Board or an air n Gontrol district* b: Sub to: cease and :d.es*st order not sub to: revieWISSUed -e pur.suant.to Section 13301 of the: Water Code.. for violation- of, as dischar re or dischar prohibitions, or w Qut.f m le-fd y aral. stat ie, and local la s, ordinances re ulations :and. permits. t 3-5-, if an p or item of this Su--_b n A is held Invalid, such invalicht shall not affect other prov's'onsor fte I m s of 1h is- S ub rant .A whi can be g iven eff'ect. witho.ut. theinyad.provisjons.or items. andtothis_:end of this Sub r t A are her y the provisions g an declared severable. 36� This S u- t A ma be executed and: delivered an numb.er of counterparts, each of whi-ch when exec ..end delivered shall be deemed -to.be an o:rj I g inal, but such counterparts shall to constitute one and the s &oument. IN THE WITNESS WHEREOF, THE DEPARTMENT OF TOXIC SUBSTANCES CONTROL AND THE SUBGRANTEE HAVE EXECUTED THIS AGREEMENT ON THE RESPECTIVE DATES SET FORTH BELOW Brownds S:ub A Pa "Clt ofa med Communit Improvement Commission A local g overnmental entit Ann Marie Gallan Interim Executive Director Si of the; C of Al Communit Improvement Commission.S.Authorized Si Date,- "DEPAR-T MEN T OF TOXIC SUBSTANCE CONTROUI .Br ownfields and Environmental R to rat -ton Pro BY: Stewa. Bl.a.Qk, Deput Dir a t n g) .Si of DTES -C's Authodzed. Si :atoir Date: RECO DE PROVAL: Leslie Little Economic Development Director Date: Approved as to form: Domia Moone Assistant T-w-C-M77 XT 11 Date: 70 f1-5LQ5 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 /interim Executive Director Date: October 20 2009 Re: Introduce an Ordinance Amending the City of Alameda Municipal Code by Adding Subsection 30 -17 that will Provide for Density Bonuses and Concessions or Incentives to Projects that voluntarily Propose Affordable Housing Units, Adopt a Negative Declaration in Compliance with the California Environmental Quality Act, and Adopt a Resolution Reducing the Inclusionary Unit Requirement Policy for Residential Developments in the Business and Waterfront and vilest End Community Improvement Project Areas from at Least 25% to at Least 15% BACKGROUND The California Legislature has created an incentive program, the "Density Bonus Laws," to encourage private developers to include "affordable" units in their market rate housing developments. with the enactment of these laws, which apply to charter cities, the Legislature has shown a clear intent that affordable housing, senior housing, and childcare are of statewide concern, and that local regulations in conflict with these laws are preempted. The state density bonus lags are designed to improve the financial feasibility of projects that include specified amounts of housing restricted to lower income households. The state law achieves this objective by requiring bonuses, incentives and concessions, and waivers. The "Bonus Projects that provide the specified amount of affordable housing must be granted additional market -rate units to off -set the cost of providing the affordable units. The "Incentives and Concessions Projects that provide a specified amount of affordable housing must be granted incentives or concessions to lower the cost of developing the project, such as a reduction in minimum setbacks and increased height limits. CC /A►,RRA/CIC Public Hearing Agenda Item #3 -A Honorable Mayor and October 20, 2009 Members of the city Council Page 2 of 11 Honorable chair and Members of the Community Improvement commission The "Waivers The city must waive any development standard that physically precludes construction of the development at the densities or with the concessions or incentives permitted. In Alameda, the maximum density allocable is 21 units per acre pursuant to Alameda City Charter Article 26. Some sites are limited to a lower density pursuant to the General Plan. Under the state laver, the maximum allowable bonus is 35 which would result in a project of 29 units per acre. The Alameda Municipal code and the City charter include a variety of development standards, such as parking, setback, height limits, and a prohibition on multi- family housing. Pursuant to the state lavers, a project may request a reduction or waiver of any development standards. If the project is requesting a concession or incentive, then the City is required to grant the request unless a finding can be made that the request is not required to achieve affordable housing costs; that the request would have a specific adverse impact upon health, safety, or the physical environment or any real property listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the impact; or the request would violate state or federal laver. If the request is made as a waiver of development standards that physically preclude construction, then the city must grant the request, unless a finding can be made that the waiver would have a specific adverse impact upon health, safety, or the physical environment or any real property listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the impact; or the request would violate state or federal lair. The burden is on the applicant to demonstrate that the development standard sought to be waived would actually physically preclude construction without the waiver. DISCUSSION Inclusionary Dousing ordinance and Density Bonus ordinance The Density Bonus Law applies when an applicant "seeks a density bonus" and "seeks and agrees to construct" the required percentage of qualifying units. Duch of the lava relating to density bonuses is mandated by the States however, there is one area where the City has some discretion in customizing its local density bonus regulations. cities may craft their ordinances to grant density bonuses for affordable units that are provided above and beyond the city's inclusionary housing requirements. The cities of San Francisco, Salinas, and Mountain view are among jurisdictions that have taken this approach. Some cities in California have chosen to allover units that are included in the project in compliance with a local inclusionary housing requirement to be counted toward the total number of affordable units needed to qualify for a density bonus, Honorable Mayor and October 20, 2009 Members of the City Council Page 3 of 11 Honorable Chair and Members of the Community Improvement Commission including the City of Berkeley. The recommended ordinance for Alameda takes the latter approach. However, staff is also recommending that the 25% inclusionary requirement in redevelopment areas be reduced to the citywide 15% (except for the Alameda Point Improvement Project, which will remain at 25 so that all projects in redevelopment areas would not automatically qualify for a density bonus. As drafted, Alameda's proposed Density Bonus Ordinance specifies that units required by the City's Inclusionary Housing Ordinance must comply with the requirements of the Inclusionary Housing Ordinance, even if those requirements are more rigorous than those specified by state density bonus law. For example, state law specifies that a unit must remain affordable for 30 years to qualify as an affordable unit. Alameda's local inclusionary ordinance requires 59 years. Therefore, in this example, the project may count its inclusionary units toward the total number of units required for a density bonus, but those inclusionary units must remain affordable for 59 years, not 30. If the developer chose to increase the number of affordable units to qualify for a density bonus, the additional units would only need to be affordable for 30 years. INCOME LIMITS The following table represents the various income levels for Alameda County. As an example, a family of four with a household income of $44,659 per year would qualify as a very love income household as shown in the table below. Income Category (Persons Per 1 2 3 4 5 6 7 8 Household) Extremely Low 18,750 217450 24,100 26,800 28 31,000 33,250 35 Very Low 31, 250 35,700 40, 200 44, 650 48, 200 51 55 58 Income Lower Income 46,350 53 59 66, 250 71,550 76,850 82,150 87,450 Median 62,500 71 80, 350 89,300 96 103,600 110 117, 900 Income Moderate 75 85 96 107,150 115 124, Sao 132 141 Income Source California Department of Housing and Community Development, Division of Housing Policy Development PROJECTS ELIGIBLE FOR DENSITY BONUSES Density bonuses are available for five categories of residential projects as described below. The smallest density bonus is a five percent increase in density for providing ten Honorable Mayor and October 20, 2009 Members of the city Council Page 4 o f 11 Honorable Chair and Members of the community Improvement Commission percent of a development's units for moderate- income households, and the maximum bonus is 35 percent. 1. Affordable Housing Projects (including Common Interest Developments with Affordable Housin To be eligible for a density bonus by providing affordable housing, one of the following must be included: (a) Five percent of the units must be affordable to very low income households earning 50 percent of median income or less. This makes the project eligible fora 20 percent density bonus. (b) Ten percent of the units must be affordable to lower income households earning 80 percent of median income or less. This makes the project eligible fora 20% density bonus. (c) Ten percent of the units must be affordable to moderate income households earning 120 percent of median or less, but only if the project is a common interest development. (A common interest development consists of individual ownership of private dwellings with the shared ownership of common facilities, which is most often a condominium complex). This makes the project eligible for a 5% density bonus. In addition, there is a sliding scale that requires: (a) An additional 2.5 percent density bonus for each additional increase of one percent very low- income units; (b) An additional 1.5 percent density bonus for each additional one percent increase in lower income units; and (c) An additional one percent density bonus for each one percent increase in moderate income units. The proposed density bonus ordinance contains the relevant calculations in a table format. A developer can qualify for a density bonus from only one affordability category (either very lour, lour or moderate incomes) and cannot combine categories. The highest density bonus provided for by the proposed ordinance is 35 Honorable Mayor and October 20, 2000 Members of the City Council P age 5 of 11 Honorable Chair and Members of the Community Improvement Commission These required percentages of affordable housing are calculated before the density bonus is applied. For example, in a 100 -unit project entitled to a 20 percent density bonus (which is one in which ten percent of the units must be affordable to lower income households), 120 units would be allowed, but only ten affordable units would be required. Continued A ffordability All very low income and lower income units must remain affordable for at least 30 years, or longer if required by the City's inclusionary housing requirements or other public subsidy program. In contrast, when a common interest project (e.g., a condominium or planned development project) includes units designated for moderate- income families, these units need to remain affordable only for initial owners/occupants. Subsequent owners may purchase the units at market rate. Upon resale of the units designated for moderate- income households, the seller of the unit can retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The City is able to recapture any initial subsidy and its proportionate share of appreciation, which must be used within five years for the purposes of increasing, improving, and preserving the community's supply of low- and moderate- income housing available at affordable housing cost. The City's proportionate share of appreciation is equal to the percentage by which the initial sale price that the moderate- income household paid was less than the fair market value of the home at the time of initial sale. Total housing costs for affordable rental units include rent, utilities, and fees and service charges levied by the landlord. Total housing costs for ownership affordable units must include principal, interest, property taxes, insurance, private mortgage insurance (if any), utilities, homeowners' association dues, and an allowance for maintenance costs. 2. Senior Hous n A senior citizen housing development is eligible for a density bonus even if none of the units are affordable. A senior citizen housing development is a residential development that is developed, substantially rehabilitated, or substantial) y renovated for senior citizens that has at least 35 units. In order for a senior citizen housing development to be eligible for a density bonus, primary residents must be at least 55 years old. For developments meeting this criteria, the density bonus shall be 20% of the number of senior housing units. Honorable Mayor and October 20, 2009 Members of the City Council Page 5 of 11 Honorable Chair and Members of the Community Improvement Commission 3. Donations of Land A land donation to the City or another housing developer can qualify a project for a density bonus if the donated parcel is at least one acre in size or of sufficient size to permit development of at least 40 units. The transferred land must be within the boundary of the proposed development or, if the City agrees, within one quarter mile of the boundary of the proposed development. The land must also have the correct general plan designation and be properly zoned with appropriate development standards for a housing development. For donated land, all of the permits and approvals (other than building permits) necessary for the development of the very low- income housing units on the transferred land must be in place no later than the date of approval of the final subdivision map, parcel reap, or residential development application. The City retains the authority to subject the proposed development to design review. The State law further requires that a proposed source of funding for the very low income units be identified no later than the date of approval of the final subdivision map, parcel map, or residential development application. Given that much of Alameda is already developed and the supply of sites that could accommodate 40 dwelling units is quite limited, it is unlikely that a donation of land in exchange for a density bonus would occur. Regardless, in keeping with state law, the density bonus must contain the provisions identified above. When a developer of an affordable housing project or a senior housing project donates land for very low income housing, an additional density bonus can be granted. A density bonus of 15 percent may be granted for land donation that can accommodate ten percent of the market rate units in the development. An additional one percent density bonus is available for each one percent increase in the number of units that can be accommodated 'n the donated land, up to a maximum of 35 percent. 4. Condominium Conversions with Affordable Housin When an applicant for approval to convert to a condominium project agrees to provide at least 33% of the total units to persons and families of low or moderate income, or 15% of the total units to lower income households and agrees to pay for the reasonably necessary administrative costs incurred by the City, the City shall either grant a density bonus, or provide other incentives of equivalent financial value to the applicant. The City may place conditions on the project, including assurance of continued affordability of units to subsequent purchasers. The density bonus is an increase in units of 25% over the number of apartments. Honorable Mayor and October 20, 2009 Members of the City Council Page 7 of 11 Honorable Chair and Members of the Community Improvement Commission Since condominium conversions involve the conversion of existing buildings, there would be little opportunity in Alameda to take advantage of a density bonus unless the apartment site were to have enough vacant land to accommodate additional units or if existing units were to be restructured so as to create additional dwelling units (e.g., taking three, two- bedroom units to create four, one bedroom units). Instead of a density bonus, the applicant may request other Incentives of equivalent financial value. 5. Childcare Facilities The State law requires density bonuses when childcare facilities are included in a housing project. Pursuant to State lair, a density bonus is granted based on the square footage of the childcare center, with the amount of square feet of residential space equal to or greater than the amount of square feet in the childcare facility. Therefore, if a project includes a 10,000 square foot childcare center, the project may request an additional 1 0, 000 square feet in residential floor area. In return for the bonus, the City must require that the childcare facility remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable. The City is not required to provide a density bonus or concession if it finds, based on substantial evidence, that there are already adequate childcare facilities in the city. CONCESSIONS AND INCENTIVES An applicant who applies for a project that is eligible for a density bonus may also request from one to three "concessions or incentives," depending on the number of affordable units. An applicant may submit a proposal for specific incentives or concessions. state lair defines incentives or concessions to mean any of the following: A reduction in site development standards or a modification of zoning code requirements or architectural design review requirements that exceed the minimum building standards, including but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions. "Development standard" includes a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an on -site open -space requirement, or a parking ratio that applies to a Honorable Mayor and October 20, 2009 Members of the City council Page 3 of 11 Honorable Chair and Members of the Community Improvement Commission residential development pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution, or regulation. California Government Code Section 05915 {0} (1). Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located. Other regulatory incentives or concessions proposed by the developer or the City that result in identifiable, financially sufficient, and actual cost reductions. By increasing the percentage of affordable units, a development will qualify for additional incentives. A developer may request both a density increase and incentives or concessions for the corresponding percentage of affordable units at a specific income level. WAIVERS OF DEVELOPMENT STANDARDS THAT PHYSICALLY PRECLUDE CONSTRUCTION Under the proposed ordinance an applicant may submit a proposal for the waiver of development standards that would physically preclude the construction of the project at the densities or with the concessions or incentives permitted. One such waiver could be from the requirements of Article XXVI of the Alameda City Charter and Alameda Municipal Code Sections 30 -50 through 30 -53.4, if shown to be necessary to make construction of the project physically feasible. However, the city is not required to waive development standards if such waiver would have a specific adverse impact upon health, safety or physical environment, and for which there is no feasible method to mitigate or avoid the impact. In addition, the City is not required to waive a development standard that would have an adverse impact on any real property that is listed in the California Register of Historical Resources, or to grant any waivers that would be contrary to state or federal law. i IL In addition to the specific incentives and concessions provided, if requested by a developer, the City must reduce the required parking for the entire project, and not just for the "affordable=' units. Alameda's residential parking requirements call for two parking spaces for houses of 3,090 square feet or less and three parking spaces for larger homes. The State law requires that, when requested, no more parking than the following be required: Honorable Mayor and October 20, 2009 Members of the City Council Page 9 of 11 Honorable Chair and Members of the Community Improvement Commission *Zero to one bedroom one parking space *Two to three bedrooms two parking spaces Four or more bedrooms 2.5 parking spaces The spaces may be in tandem and uncovered. Additional reductions in parking could be requested as a concession. COMMUNITY IMPROVEMENT" COMMISSION INCLUIS ONARY HOUSING REQUIREMENTS AND THE DENSITY BONUS ORDINANCE The City of Alameda has a citywide inclusionary housing ordinance that requires at least 15% of the units in a new residential development be designated as affordable housing. In redevelopment areas, Community Improvement Commission policy requires that at least 25% of the units be designated as affordable housing. Within the Alameda Point Improvement Plan area, this policy was mandated as a condition of the settlement of prior litigation of the Reuse Plan Environmental Impact Deport. There is no such contractual obligation in the City's other redevelopment areas. Given that the City of Alameda has an inclusionary policy of 25% in redevelopment areas, most applications for residential projects of five or more dwelling units would be eligible for a density bonus and would have the opportunity to request an incentive or concession because the number of affordable units a developer is required to provide meets the density bonus threshold. For example, a 1 00-unit project in a redevelopment area is required to provide six very low- income units. The minimum number of very low- income units needed to be eligible for a 20% density bonus is five; thus, in this scenario, the developer would be entitled to an additional 20 market -rate dwelling nits, plus an g p incentive. If the inclusionary unit policy was changed from 25% to 15 a developer would not automatically be entitled to a density bonus and Incentive because the required number of very low- income units is four, which does not meet the density bonus unit threshold of five. Staff is recommending that the Community Improvement Commission rescind the 25/0 inclusionary requirement policy in the !Business and Waterfront Improvement Plan and West End Community Improvement Plan redevelopment areas and reduce the percentage to 15 consistent with the inclusionary ordinance and the minimum percentage required by California redevelopment law, which accomplishes the following: The inclusionary unit requirement for every project in Alameda is at least 15 with the exception of the Alameda Point Improvement Area. The Density Bonus Ordinance becomes an incentive to provide more affordable units. Honorable Mayor and October 20, 2009 Members of the city council Page 10 of 11 Honorable Chair and Members of the Community Improvement Commission A density bonus is not automatically triggered by inclusionary unit requirements. The Planning Board considered the proposed Density Bonus Ordinance at meetings on March 9 and 23, 2009. The Board voted unanimously to recommend approval of this ordinance to the City Council. The Board also voted 4-1 vote to recommend that the inclusionary housing requirement policy for redevelopment areas be reduced from 25% to 15% on the condition that this recommendation be considered by the Economic Development Commission and the Housing Commission. The Economic Development Commission unanimously supported the recommendation to reduce the inclusionary requirement at their meeting of April 10, 2009. The Housing Commission considered this recommendation at a number of meetings and at their August 19, 2009, meeting voted unanimously to forward the following comments to the City Council: Several Commissioners expressed their position that City ordinances or programs were needed to improve the financial feasibility of housing projects that included affordable housing. One commissioner suggested that it might be difficult to obtain a construction loan with a density bonus, that it might be interpreted as a tax. He also suggested it might pose a difficulty with the pro forma. A commissioner noted that the ordinance will not ensure that the Housing Element is approved by the State but that it might help the city make an argument that the density bonus helps meet the requirements. one Commissioner believes measure A is a deterrent to the development of affordable housing and revisions to it and other deterrents to affordable housing should be the focus of the conversation. It was noted that if a developer requests a density bonus to build multi- family units it must be granted over Measure A restrictions. FINANCIAL IMPACT The funds for this project have been budgeted in the Community Development Department account for development code updates. The Community Development Department will recover any expenditure incurred by the department from applicants for the processing of density bonus applications. Honorable Mayor and October 20, 2009 Members of the City Council Page 11 of 11 Honorable Chair and Members of the Community Improvement Commission MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE The proposed ordinance inserts subsection 30 -17 in Article I of Chapter XXX, Development. Regulations of the Alameda Municipal Code. The proposed reduction in the percentage of inclusionary unit requirement would amend Community Improvement Commission Resolution Number 04 -127, sections 2.a. and 2.c. ENVIRONMENTAL REVIEW A Negative Declaration, which is on file in the City Clerk's Office, is proposed for this project because completion of an initial study found that the proposed ordinance would not have a significant effect on the environment. RECOMMENDATION Introduce an ordinance amending the City of Alameda Municipal Code by adding Subsection 3017 that will provide for density bonuses and concessions or incentives to projects that voluntarily propose affordable housing units; adopt a negative declaration in compliance with California Environmental Quality Act; and adopt a Resolution reducing the inclusionary unit requirement policy for residential developments in the Business and Waterfront and vilest End Community Improvement Project Areas from at least 25% to at least 15 Respectfully submitted, Jon B ggs Planning Services Manager Approved as to funds and account, Glenda D. Jay Interim Finance Director TRAI LH EAD A 7V V E N T U R E S October 14, 2009 Cit Council of Alameda Alameda Cit Hall 2263 Santa Clara Avenue Alameda, CA 94501 Re Response to Alameda Architectural Preservation Societ letter dated 9114/09. Madame Ma and honorable Members of the Cit Council, M name is Jamie Keatin and I am a life-lon resident of Alameda and the mana of a real estate and investment compan I understand that y ou.-are in receipt of a letter from the Alameda Architectural Preservation Societ (AAPS recommendin chan to the wordin of the proposed Densit Bonus Ordinance. Havin reviewed the financial impacts of the AAPS chan for ke sites alon Park Street north of Lincoln Avenue, I have found that certain AAPS recommendations would inhibit new investment b si increasin costs. I stron ur y ou to re recommended AAPS chan to the ordinance that will inhibit new investment and reduce the likelihood of redevelopment, An al sis; As detailed in m letter to Cit Council dated Au 20, 2009, m firm performed detailed financial anal for ke opportunit sites alon Park Street. Our anal y ielded conditions favorable to new investment onl when we assume inclusion of the Densit Bonus (as it is currentl written), includin a waiver of a provision of Measure A to allow for attached dwellin units, and assume that re Inclusionar Units are applied toward the Densit Bonus re If an of the assumptions listed above are not met, costs of new investment q uickl y exceed possible returns, and development becomes unfeasible. Ke recommendations from the AAPS that would inhibit revitalization are discussed below. Re: A Item #3-A Joint CC ARRA CIC Meetin 10-20-09 1950 Mou main Blvd. STe 208, Oakland, CA 94611 -28 1 F 510.339.3929 F- 5 1 0 3 59 3 13 5 AAPS recommendation I "Limit the relaxations and waivers... to those explicitly required to be in the ordinance under the state statute, unless the city favors certain relaxations or waivers over others. "concessions not specifically listed in the state statute should therefore probably not be listed in the ordinance, unless the City prefers those particular concessions." Rebuttal: City charter Article XXVI creates limitations for new investment that are unique to Alameda, and are not addressed by the provisions or recommendations of the statewide statute. If new investment is to occur in Alameda, it is imperative that the Density Bonus ordinance and associated waivers and concessions be customized to address local economics and development regulations. AAPS recommendation 3 "Specify that the initial five or more units (in order to be eligible for a densit bonus, the project must have at least five units) must conform to all Cit development rules, including height limits, minimum setbacks, no more than two units per building as per Measure A, etc." Rebuttal To qualify for the Density Bonus, new development projects must consist of fire or more units. city charter Article XIV limits new residential investment to two units per building. RAPS recommendation number 3 would require that a new mixed -use project consist of a minimum of two free standing buildings g containing two dwelling units each, plus an additional free- standing building containing an additional dwelling unit, plus another building in which densit bonus units would be permitted. our financial analyses indicate that the costs associated with this type of development would be p ro hi bitive. It is also worth noting that such a piecemeal development is not in accordance with the community's stated vision for Parr street, Therefore, waiver of the two units per building limitation must be explicitly stated as one of the concessions included within the Density Bonus ordinance if redevelopment is to occur. Summary Recommendation It is the stated goal of the RAPS to preserve Alameda's historic architectural character. This is an admirable and invaluable cause, and I fully support the AAPS in their commitment to our unique city. In addition to protecting and enhancing our city's architectural 'Character, it is also our community's stated goals to attract new investment to Park street and adjacent neighborhoods, and to "establish and change policies and regulations to attract and guide desired new investment." To achieve the community's goals, we must find a way to both attract new investment, and make sure that it supports our unique and beautiful character. To make sure that new development in the Park Street neighborhoods supports the AAPS's goals, the city is in the process of creating new "fora- based" development regulations that will help to successfully preserve Alamedajs character. To enable new investment, it is crucial that the city create conditions that are favorable to investors and avoid creating regulations that make new development financially unfeasible, Upon learning of the Planning Board's recommendation its favor of the Densit Bonus ordinance, nay company identified several locations along Park street north of Lincoln Avenue where we think a mixed -use investment might be possible, oar initial analyses show a very slim margin in favor of new investment, and are based on a development program inclusive of concessions as stated in the draft density Bonus ordinance. should the Density Bonus Ordinance concessions be altered in accordance with AAPS recommendations, or in other ways that increase the costs of investment, from our perspective there simply will not be an economic incentive to consider an investment in Alameda. Sincerely, Jamie Keating Manager Trailhead Ventures, LLc Cc: Ann Marie Gallant, Interim city Manager Jon Biggs Andrew Thomas, Alameda Planning Dept. CITY OF ALAI'11lEDA ORDINANCE No. New Series it# AMENDING THE MUNICIPAL CODE BY ADDING SECTION 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 WHEREAS, in 1979 the State of California adopted legislation that provided incentives to encourage private developers to include "affordable units" in their market rate residential projects and this legislation has been amended numerous times since its inception, most recently in 2008; and WHEREAS, with certain exceptions, California Government Code Section 05915 requires that a City provide for a density bonus and other incentives or concessions if a developer, among other things, agrees to construct specified numbers of affordable housing units; and WHEREAS, the Housing Element of the City of Alameda General Plan, adopted in May 2003, includes an objective calling for the adoption of a density bonus ordinance; and WHEREAS, the Alameda Planning Board has held public hearings at which public comment was received and considered and has recommended adoption of a density bonus ordinance to the City Council; and WHEREAS, the City wishes to maintain an economically balanced community with housing available to households of all income levels and this Council seeks to provide incentives for the creation of affordable housing units; and WHEREAS, the City Council wishes to add density bonus regulations to Article 1, Chapter XXX, Development Regulations, of the Alameda Municipal Code, subject to compliance with all standards requirements and appropriate review as provided for in the density bonus regulations; and WHEREAS, an Initial Study was prepared for this ordinance, which proposed that a Negative Declaration be approved; and WHEREAS, Public Notice of the proposed Negative Declaration was given as required by Section 21092 of the Public Resources Code, the Negative Declaration was circulated for public review and no comments were received in connection with the Negative Declaration; and Introduction of ordinance #3 -A .Joint CC ARRA CIC Meeting 10 -20 -09 WHEREAS, public hearings were conducted by the Planning Board on March 9th and March 23rd, 2009, and by the city council on October 20, 2009, to consider the Initial Study and the Negative Declaration prepared for this ordinance, and to accept public testimony regarding this proposed environmental determination for the proposed ordinance; and WHEREAS, based on the information contained in the Initial Study and the Negative Declaration prepared for this ordinance and testimony received as a result of the public notice, the city council finds no substantial evidence that there would be a significant impact on the environment if the ordinance was approved. NOW, BE IT RESOLVED, that based on the City's independent judgment, the City Council of the city of Alameda does hereby approve a Negative Declaration for this ordinance in accordance with the California Environmental Quality Act. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALAMEDA DOES ORDAIN AS FOLLOWS: Section 1 ordinance Adoption. Article I of Chapter XXX of the Alameda Municipal code is hereby amended to add a new section 30 -17, Density Bonus Regulations, to read as follows: 30 -17 DENSITY BONUS ORDINANCE 30- 17.1 Purpose The purpose of this Density Bonus ordinance is to create incentives for the provision of affordable housing, senior housing and the development of child care facilities in Alameda. The California Legislature requires each local government to adopt an ordinance that specifies how the jurisdiction will comply with section 65915 et seq. of the California Government code. This ordinance is intended to satisfy the requirements of that code. 30 -17.2 Findings Rising land prices have been a key factor in preventing development of new affordable housing. New housing construction that does not include affordable units aggravates the existing shortage of affordable housing by absorbing the supply of available residential land. This reduces the supply of land for affordable housing and increases the price of remaining residential land. 30 -17.3 Definitions Unless the context plainly requires otherwise, the following words and phrases used in section 3017 shall have the following meanings. capitalized terms not defined here in 30 -17.3 and used in this section 30 -17 shall have the meanings attributed to them in Government code sections 65915-65918 as it now exists or may hereafter be amended. a. Affordable Housing or Affordable Housing Unit shall mean a dwelling unit required to be offered at Affordable Rent or available at Affordable Housing cost to Very Low, Low, or Moderate Income Households pursuant to this section 3017. b. Affordable Housing Agreement means a written agreement between an applicant for a development and the city of Alameda ensuring the continuing affordability of housing pursuant to this section 30 -17. C. Applicant is defined as any person who seeks residential property development permits or approvals from the city of Alameda, d. child care Facility is defined as a child day facility other than a family day care home, including but not limited to infant centers, preschools, extended day care facilities and school -age child care centers, installed, operated and maintained for the nonresidential care of children. e. Development means all development pursuant to a proposal to construct or place one or more dwelling units on a lot or contiguous lots including, without limitation, a planned unit development, site plan, subdivision, or conversion of a non- residential building to dwelling units. f. Marketing Flan means a plan that describes how the applicant will inform the public, and those within appropriate income groups, of the availability of Affordable Housing Units in a development for which a density bonus is g ranted under this section 30 -17. g. Maximum Allowable Residential Density means the density allowed under the zoning ordinance and land use element of the general plan, or if a range of densities is permitted, means the maximum allowable density, where the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan, the general plan density shall prevail. h. Mixed -Use Development Project means a Development that includes residential as well as commercial, office, or industrial uses. 30 -17.4 Development and Housing Unit Types a. The provisions of this section 30 -17 apply to the following development categories: 1. New residential development projects of 5 or more dwelling units, regardless of the type of dwelling units proposed. Applicant shall demonstrate that at least 5 residential units can be developed on the project site in compliance with all zoning and development regulations. 2. Where permitted or conditionally permitted by the underlying zoning designation of a site, mixed -use developments that include at least 5 dwelling units. 3. Renovation of one or more multiple family residential structures containing at least 5 units so to increase the number of residential units. 4. Development that will change the use of an existing building from nonresidential to residential and that will provide at least 5 residential units; 5. Development that includes the conversion of at least 5 residential rental units to ownership housing. b. Developments projects that may be considered under the above categories include the following housing unit types: 1. Developments where at least 5 percent of the total units are for Very Low Income Households, (see subsection 30- 17.5.1) 2. Developments where at least 10 percent of the total units are for Low Income Households (see subsection 30- 17.5.2) 3. Developments where at least 10 percent of the total units in a common interest development, as defined in Section 1351 of the Civil Code are for Moderate Income Households (see subsection 30- 17.5.3) 4. A Senior Citizen Housing Development or Mobile Home Park that limit residency based on age requirements (see subsection 30- 17.5.4) 5. Developments that include the donation of land. (see subsection 30- 17.5.5) 6. Developments that include Child Care Facilities. (see subsection 30- 17.5.6) 7. Condominium Conversions. (see subsection 30- 17.5.7) 30 -17.5 Specified Housing Unit Type, Criteria, and Standards The city shall grant a Density Bonus, and incentives or concessions as described in subsection 30- 17.10, when an Applicant seeks and agrees to construct a Development that meets the standards and criteria of the following specified housing unit types. 30- 17.5.1 Development that Include Very Low Income Households a. A Very Low Income Household project shall include a minimum of 5 percent of the total dwelling units of a Development or Mixed Use Development for Very Low Income Households as defined in Section 50105 of the Health and Safety Code. b. For residential developments that include 5 percent of the total dwelling units of a Residential Development for Very Low income Households, the Density Bonus shall be calculated as follows: Percentage Very Low Income Units 5 0 7 8 9 10 11 Percentage Density Bonus 20 22.5 25 27.5 30 32.5 35 30- 17.5.2 Development that Include Low Income Households a. A Low Income Household project shall include a minimum of 10 percent of the total dwelling units of a Development or Mixed Use Development for Low Income Households as defined in Section 50079.5 of the Health and Safety code b. For residential developments that include 10 percent of the total dwelling units for Low Income Households, the Density Bonus shall be calculated as follows: Percentage Low-income Units 10 11 12 13 14 15 10 17 18 19 20 Percentage Density Bonus 20 21.5 23 24.5 20 27.5 29 30.5 32 33.5 35 30- 17.5.3 Developments the Include Moderate Income common Interest Developments a. A Moderate Income Common Interest project shad include a minimum of 10 percent of the total dwelling units in the development for Moderate Income Households as defined in Section 1351 of the Civil Code (typically a condominium or small -lot single family development) for persons and families of Moderate Income, as defined in Section 50093 of the Health and Safety Code, provided that all units in the development are offered for purchase to income qualified members of the general public. b. For Residential Developments that include 10 percent of the total dwelling units in a common interest development for persons and families of Moderate Income, the Density Bonus shall be calculated as follows: Percentage Moderate Income Units Percentage Density Bonus 10 5 11 6 12 7 13 8 14 g 15 10 16 11 17 12 18 13 19 14 20 16 21 16 22 17 23 18 24 19 25 20 26 21 27 22 28 23 29 24 30 25 31 26 32 27 33 28 34 29 35 30 36 31 37 32 38 33 39 34 40 35 30- 17.5.4 A Senior Citizen Housing Development or Mobile Horne Park that Limit Residency Based on Age Requirements A Senior Citizen Housing Development or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code shall be entitled to a Density Bonus of 20 percent of the number of senior housing units. 30- 17.5.5 Developments that include the Donation of Land a. When an Applicant for a tentative subdivision reap, parcel reap, or other residential development approval donates land to the City in accordance with this subsection, the Applicant shall be entitled to a 15 percent increase above the otherwise maximum allowable residential density for the entire Development as follows.. Percentage very Low Income 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Percentage Density Bonus 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 b. The Density Bonus for land dedication shall be in addition to any Density Bonus allowed by subsections 3017.5.1 through 30- 17.5.4, up to a maximum combined increased of 35 percent if the Applicant seeks an increase under this subsection 3017.5.5. Nothing in this subdivision shall be construed to enlarge or diminish the City's authority to require a developer to donate land as a condition of development. C. An applicant shall be eligible for the increased Density Bonus described in this subsection if all of the following conditions are met: 1. The Applicant donates and transfers the land to the City no later than the date of approval by the City of the final subdivision map, parcel map, or Application of the Development seeking the Density Bonus. Z. The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to Very Low Income households in an amount not less than 10 percent of the number of residential units of the proposed Development seeking the Density Bonus. 3. The transferred land: (i) is at least one acre in size or of sufficient size to permit development of at least 40 units; and (ii) has the appropriate General Plan designation and is appropriately zoned with appropriate development standards for development at the density described in paragraph 3 of subdivision (c) of section 65583.2 of the Government Code, or as it may be amended from time to time; and (iii) is or will be served by adequate public facilities and infrastructures for the development of very-low- income housing when transferred; and (iv) has appropriate zoning and development standards to make the development of the Affordable Housing Units feasible; and (v) No later than the date of approval of the final subdivision map, parcel map, or of the Development application seeking the Density Bonus, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the Very Low Income housing units on the transferred land, except that the City may subject the proposed Development to subsequent design review to the extent authorized by section 65583.2(1), if the design is not reviewed by the City prior to the transfer. 4. The transferred land and the Affordable dousing Units shall be subject to a deed restriction, which shall be recorded on the property upon dedication, ensuring continued affordability of the units for at least 30 years. 5. The land is transferred to the City or to a housing developer approved by the City. 6. The transferred land is within the proposed Development or, if the City agrees, within one quarter mile of the boundary of the proposed Development. 7. A proposed source .of funding for the development of very low income units shall be identified not later than the date of approval of the final subdivision reap, parcel map, or residential development application. 30- 17.5.6 Developments that Include a Child care Facility a. When an Applicant proposes to construct a Development that conforms to the requirements of subsection 30-17.5 and includes a Child care Facility located on the premises of, as part of, or adjacent to the Development, the city shall grant either of the following: 1. An additional Density Bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility. 2. An additional concession or incentive designated by the city that contributes significantly to the economic feasibility of the construction of the Child care Facility. b. In order to qualify for a Density Bonus as provided in this subsection 30- 17.5.6, the Applicant shall submit for review and approval by the Planning and Building Director a financial report (pro forma) for the proposed Child Care Facility that includes sources of operating revenue to ensure that the center remains open and provides the promised services for the life of the project. C. The city shall require, as a condition of approving the Development that: 1. The child Care Facility shall remain in operation as long as or longer than time during which the Affordable Housing Units are required to remain affordable pursuant to this section 30- 17.6.6; and 2. Of the children who attend the child care Facility, the children of very Low- Income Households, Low income Households, Moderate-income Households shall equal a percentage that is equal to or greater than the percentage of Dwelling Units that are made affordable to Very Low income Households, Low Income Households, or Moderate- Income Households. d. Notwithstanding any requirement of this subsection 30-17.5.6, the city need not provide a Density Bonus or concession for a child care Facility if it finds, based upon substantial evidence, that Alameda has adequate child care facilities. 30- 17.5.7 Condominium Conversion Developments a. When a Development is the conversion of an existing apartment complex to a condominium complex and the Applicant agrees to make at least 33 percent of the total units of the Development affordable to Moderate Income households for 30 years, or 1 5 percent of the total units of the proposed Development affordable to Low- Income households for 30 years, and agrees to pay for the administrative costs incurred by the City to process the application and to monitor the continued affordability and habitability of the Affordable Housing Units, the city shall either: Grant a Density Bonus of 25 percent; or 2. Provide other incentives of equivalent financial value as determined by the City. b. Lathing in this section shall be construed to require the city to approve a proposal to convert apartments to condominiums. C. An Applicant shall be ineligible for a Density Bonus or other incentives under this subsection 30-17.5.7 if the apartments proposed for conversion are in a Development for which a Density Bonus or other incentives were previously provided under this section 30 -17 or section 30 -16 of this code. 30-17.6 Density Bonus Standards a. Developments subject to this paragraph include projects undertaken in phases, stages, or otherwise developed in distinct sections. b. If the site of a Development proposal is located in two or more zones, the number of dwelling units permitted in the Development is the sum of the dwelling units permitted in each of the zones. The permitted number of dwelling units may be distributed within the Development without regard to the zone boundaries. C. Total units or total dwelling units does not include units added by a Density Bonus awarded pursuant to this section. d. The Applicant shall elect whether the Density Bonus shall be awarded on the basis of the development category they select. The granting of a Density Bonus shall not be interpreted, in and of itself, to require a General Plan amendment, zoning change, or other discretionary approval. All density calculations resulting in fractional units shall be rounded up to the next whole number. e. For projects subject to section 30 16 of this code, "Inclusionary Housing Requirements for Residential Projects," the inclusionary units required by that section may be counted toward the affordable unit requirements of this section 30 17. To the extent that the provisions of this section and section 30 -16 conflict, the more demanding provisions in terms of affordable housing production of section 30--16 shall prevail. f. An applicant shall agree and the city shall ensure continued affordability of all love- and very low income units that qualified an Applicant for the award of the Density Bonus for 30 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. g. An Applicant shall agree and the City shall ensure that the initial occupant of the moderate income units that are directly related to the receipt of the Density Bonus in a Common Interest Development are persons and families of moderate income and that units are offered at an affordable sales price and housing cost as defined by section 30-17 and Government Code section 65915 as it exists when a complete application for a Development is submitted to the City. h. Developments requiring design approval and incorporating a Density Bonus require review and approval by the Planning Board; provided, however, that if a Development involves another permit or entitlement requiring City Council approval, then the Planning Board may deny the project or recommend its approval to the City Council. Decisions of the Planning Board may be appealed to or reviewed by the City Council as provided in section 30 -25 of this code, Appeals or Calls for Review. 30 -17.7 Design, Distribution and Timing of Development of Affordable Housing Units a. Affordable Housing Units must be constructed concurrently with market rate units. Affordable Housing Units shall be integrated into the Development and be comparable in infrastructure (including sewer, water and other utilities), construction quality and exterior design to the market -rate units. The Affordable Housin g Units must also comply with the following criteria: 1. Rental Developments: Rental units shall be integrated within and reasonably dispersed throughout the project. All Affordable Housing Units shall reflect the range and numbers of bedrooms provided in the project as a whole, and shall not be distinguished by design, construction or materials. 2. Owner- occupied Developments: Owner- occupied units shall be integrated within the project. Affordable Housing Units nay be smaller in size and have different interior finishes and features than market -rate units so long as the interior features are durable, of good quality and consistent with contemporary standards for new housing as determined by the Planning and Building Director. All Affordable Housing Units shall reflect the range and numbers of bedrooms provided in the project as a whole, except that Affordable Housing Units need not provide more than four bedrooms. b. No building permits will be issued for market -rate units until permits for all Affordable Housing Units have been obtained, unless Affordable Housing Units are to be constructed in phases pursuant to a plan approved by the City. C. Market -rate units will not be inspected for occupancy until all Affordable Housing Units have been constructed, unless Affordable Housing Units are to be constructed in phases pursuant to a plan approved by the city. 30-17.8 Requests for Incentives or concessions a. When an Applicant proposes a Development Project for any specified housing unit type other than senior citizen housing development or mobile home park pursuant to subsection 30-17.5.4, the city shall provide the Applicant with incentives or concessions as defined by subsection 30 -17.0. The Applicant must submit a Density Bonus Application as described in subsection 30 -17.14 below, identifying the specific incentives or concessions that the Applicant requests. The city shall grant the concession or incentive requested by the Applicant unless the city makes any of the following written findings, based upon substantial evidence: 1. The concession or incentive is not required to provide for Affordable Housing costs as defined in section 50052.5 of the Health and safety code or for Affordable Rents for the targeted units; 2. The concession or incentive would have a specific adverse impact as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to Low- and Moderate Income households; 3. The request is to modify the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code. 4. The request is for direct financial incentives for the Development, including the provision of publicly owned land or the waiver of fees or dedication requirements. 5. The concession or incentive would be contrary to State or federal law. 30 -17.9 Incentives or concessions Defined For the purposes of this section, concession or incentive means: a. A reduction in site Development Standards or a modification of zoning code or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 19901) of Division 13 of the Health and Safety Code, resulting in identifiable, financially sufficient, and actual cost reductions. "Concession or incentive" may include but is not limited to any of the following: 1. Reduced minimum lot sizes and/or dimensions 2. Reduced minimum setbacks 3. Increased height limitations 4. Reduced onsite open -space requirements 5. Increased maximum lot coverage 0. Increased floor area ratio 7. Reduced parking requirements 8. Modification of the zoning code to permit mixed use development in conjunction with the Development if non residential uses will reduce the development cost of the residential portion of the Development and if the nonresidential uses are compatible with the Development and with existing or planned development in the area. b. Nothing in this section shall be construed to require the provision of direct financial incentives for a Development, including the provision of publicly owned land by the City or other waiver of fees or dedication requirements. Moreover, concessions or incentives shall not include any exceptions, waivers or departures from health and safety standards of building and fire codes or from solid waste and recycling standards established by the State of California and the City of Alameda. 30 -17.10 Number of Incentives or Concessions a. If the conditions of subsection 30 -17.5 are met, the following incentives or concessions shall be granted: 1. one incentive or concession for a Development that makes: at least 10 percent of the total units affordable to Low Income Households; or at least 5 percent of the total units affordable to very Low Income Households; or at least 10 percent of the total units affordable to persons and families of Moderate-income in a common interest development. Z. Two incentives or concessions for a Residential Development that makes: at least 20 percent of the total units affordable to Low- Income Households; or at least 10 percent of the total units affordable to very Low- income Households; or at least 20 percent of the total units affordable to persons and families of Moderate income in a common interest development. 3. Three incentives or concessions for a Residential Development that makes: at least 30 percent of the total units for Low income Households; at least 15 percent for very Low income Households, or at least 30 percent for persons and families of Moderate- income in a common interest development. 30 -17.11 Waivers of Development Standards that Physically Preclude Construction a. An Applicant may submit a proposal for the waiver of development standards that would have the effect of physically precluding the construction of a Development meeting the criteria of subsection 30-17.5, at the densities or with the concessions or incentives permitted. The city shall grant the waiver requested by the Applicant unless the city makes any of the following written findings, based upon substantial evidence: 1. The development standard does not physically preclude the construction of the development at the densities or with the concessions or incentives permitted. 2. The requested development standard waiver would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health, safety, or physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. 3. The requested development standard waiver would have an adverse impact on any real property that is listed in the California Register of Historical Resources. 4. d. The requested development standard waiver would be contrary to state or federal law. b. Allowance for three or more dwelling units in a building, shall be considered a waiver of the development standards found at Article XXVI of the Alameda City Charter and Alameda Municipal code sections 30.50 through 30 -53.4, if shown to be necessary to make construction of the project physically feasible. C. A proposal for the waiver or reduction of development standards pursuant to this subsection shall neither reduce nor increase the number of incentives or concession to which the Applicant is entitled. 30 -17.12 Requests for Reduced Parking Ratio a. Upon the request of the Applicant, a Development meeting the criteria of subsection 30 -17.5, shall be subject to the following on -site parking ratios (inclusive of handicapped and guest parking): 1. Zero to one bedroom: one onsite parking space. 2. Two to three bedrooms: two onsite parking spaces. 3. Four and more bedrooms: two and one -half parking spaces. b. If the total number of parking spaces required for a Development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subsection, a development may provide "onsite parking" through tandem parking or uncovered parking, but not through on- street parking. C. This subsection shall apply to a Development that meets the requirements of subsection 30 -17.5 but only at the request of the Applicant. An Applicant may request parking incentives or concessions beyond those provided in this subsection. 30 -17.13 compliance a. The provisions of this section 30 -17 shall apply to all agents, successors and assignees of an Applicant proposing a Development governed by this section 30- 17. No tentative map, use permit, special development permit or occupancy permit shall be issued for any Development that has been granted a Density Bonus under this section unless that reap or permit is exempt from or in compliance with the terms of this section 30 -17. b. The city may institute any appropriate legal actions or proceedings necessary to ensure compliance herewith, including but not limited to actions to revoke, deny or suspend any permit or development approval. 30 -17.14 Density Bonus Application a. In order to receive concessions and /or incentives, or waivers under this section 30 -17, an Applicant must submit to the city a Density Bonus Application which will be treated as part of the Development Application. At any time durin g the review process, the Planning and Building Director may require from the Applicant additional information reasonably necessary to clarify and supplement the Application or to determine the Development's consistency with the requirements of this section. b. The Density Bonus Application shall include the following: 1. A description of the Development, including the total number of proposed Affordable Housing Units, senior housing units or mobile home park units; 2. The zoning and General Plan designations and assessor's parcel number(s) of the project site; 3. A vicinity neap and preliminary site plan, drawn to scale, including building footprints, driveways and parking layout. 4. A description of the concessions or incentives requested. 5. The Affordable Housing Unit Plan described in subsection 30-17.15 below. 0. Any other information reasonably requested by the Planning and Building Director to aid in the implementation of this section 30 -17. 30 -17.15 Affordable Housing Unit Plan a. An Applicant shall submit an Affordable Housing Unit Plan as part of the Development Application. b. The Affordable Housing Unit Plan shall include the following: 1. The location, structure (attached, semi- attached, or detached), proposed tenure (sale or rental), and size of proposed market -rate, and Affordable Housing Units and the proposed tenure and size of nonresidential uses included in the Development; 2. A floor or site plan depicting the location of the Affordable Housing Units and a floor plan describing the size of the Affordable Housing Units in square feet; 3. The income level to which each Affordable Housing Unit will be made affordable; 4. Drafts of the documents to be used to ensure that the units remain affordable for the required terra, such as resale and rental restrictions, deeds of trust, and rights of first refusal; 5. For phased Developments, a phasing plan that provides for the timely development of Affordable Housing Units in proportion to other housing units in each proposed phase of development as required by this section; 0. A marketing plan that describes how the Applicant will inform the public, and those within the appropriate income groups, of the availability of Affordable Housing Units; 7. A financial report (pro forma) to evaluate: i) whether the concessions or incentives sought would result in identifiable, financially sufficient, and actual cost reductions and ii) whether the concessions or incentives sought are necessary to reduce the cost of the housing project sufficiently to make feasible the provision of the Affordable Housing Units; and 8. Any other information reasonably requested by the Planning and Building Director to assist evaluation of the Affordable Housing Unit Plan. 30-17.16 Affordable Housing Unit Agreement a. Each Development for which a Density Bonus and incentive or incentives is granted pursuant to this section 30-17 shall be the subject of an Affordable Housing Unit Agreement the provisions of which will vary depending on how a Development satisfies the provisions of this section 30-17. The Affordable Housing Unit Agreement shall be recorded as a restriction on the parcel or parcels on which the Affordable Housing units will be constructed. The Affordable Housing Unit Agreement shall be approved and recorded before final map approval, or, where a map is not requested, prior to issuance of building permits for market -rate units. The Affordable Housing Unit Agreement shall be binding on all future owners and successors in interest. An Affordable Housing Unit Agreement must include: 1. A description of the Development, including the total number of units, and the number and tenure (sale or rental) of Affordable Housing Units. 2. The size, in square feet, and location of Affordable Housing Units; 3. A description of the income group to be accommodated by the Affordable Housing Units, and the formula for determining the Affordable Rent or sales price and Affordable Housing cost for each Affordable Housing Unit; 4. The duration of affordability for the Affordable Housing Units; 6. A schedule for completion and occupancy of the Affordable Housing Units; 6. Provisions and /or documents for resale restrictions, deeds of trust, rights of first refusal or rental restrictions or other appropriate means to maintain the affordability of the Affordable Housing Units; 7. A Marketing Plan approved by the city for sale or rental of the Affordable Housing Units, which shall use an equitable method to select renters or purchasers of the Affordable Housing Units; 8. Provisions for subletting units consistently with affordability restrictions; 9. Procedures for qualifying tenants and prospective purchasers of Affordable Housing Units. 10.Provisions for monitoring the ongoing affordability and habitability of Affordable Housing Units; and 11.A description of the concession(s) or incentive(s) provided by the City. 30- 17.17 Affordable Housing Unit Agreements for ownership Units a. In addition to the requirements of subsection 30-17.16, an Affordable Housing Unit Agreement for an ownership Development must provide the following conditions governing the sale and use of Affordable Housing Units during the use restriction period: 1. Affordable Housing Units shall be sold to Very Low Income households, Low Income households or Moderate Income households in a common interest development, at an affordable sales price and Affordable Housing cost as defined by this section 30-17 and Government code section 65915 as it exists when a complete Application for the Development is submitted to the city. 2. The Affordable Housing Units shall be owner- occupied by Very Low or Low Income households or by Moderate Income households within common Interest developments. 3. With the exception of Moderate Income housing units, the resale price of any affordable unit shall not exceed the purchase price paid by the owner of that unit with the following exceptions: (i) Customary closing costs and costs of sale, (ii) Cost of real estate commissions paid by the seller if a licensed real estate salesperson is employed, and (iii) Consideration for permanent capital improvements installed by the seller_ 4. Upon resale of Moderate Income housing units, the seller of the unit shall retain the value of any improvements installed by the seller, his or her down payment, and the seller's proportionate share of appreciation. The city shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within five years for the purposes of increasing, improving, and preserving the city's supply of Low and Moderate Income housing available at affordable housing cost. The city's proportionate share of appreciation is the ratio of the initial subsidy to the fair market value of the horse at the time of initial sale. The initial subsidy is the fair market value of the horse at the time of initial sale minus the initial sale price to the moderate- income household, including any down payment assistance or mortgage assistance. If upon resale, the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value thereafter. 5. The purchaser of each Affordable Housing Unit shall execute an instrument or agreement approved by the City restricting the sale of the Affordable Housing Unit in accordance with this subsection 30 -17.17 during the use restriction period. such instrument or agreement shall be recorded against the parcel containing the Affordable Housing Unit and shall contain such provisions as the City may require ensuring continued compliance with this subsection 30 -17.17 and with Government Code section 65915. With respect to Moderate- Income Affordable Housing Units, the instrument or agreement shall provide for equity sharing as set forth in Government Code Section 65915 and paragraph d. of this subsection 30- 17.17. 17.17. 6. Any additional obligations relevant to the compliance with this subsection 30- 30-17.18 Affordable Housing Unit Agreements for Rental Units. a. In addition to the requirements of subsection 30- 17.17, an Affordable Housing Unit Agreement for a rental Development must provide the following conditions governing the use of Affordable Housing Units during the use restriction period: 1. specific property management procedures for qualifying and documenting tenant income eligibility, establishing Affordable Rent and maintaining Affordable Housing Units for qualified tenants; 2. Provisions requiring property owners to maintain books and records to demonstrate compliance with this section 30 -17. 3. Provisions requiring the Property Owner to submit an annual report to the City which includes the name(s), address, and income of each household occupying Affordable Housing Units, and which identifies the bedroom size and monthly rent or cost of each Affordable Housing Unit. The information included in this report shall be maintained in confidence by the City and used only to enforce the requirements of this section 30 -17. 4. Provisions describing the amount and time for payment of Administrative Fees to the City for the on -going monitoring of the Development's compliance with this section 30 -17 as provided in subsection 30 -17.19 below. 5. Any additional obligations relevant to the compliance with this section 30 -17 30 -17.19 Administrative Fee The City shall charge an Administrative Fee to Applicants to cover the city's cost to review all materials submitted in accordance with this section 30 -17 and for on- going enforcement of this section. The amount of the Administrative Fee shall be established from time to time by city council resolution. Fees will be charged for, inter alia, staff time, consultant costs, legal fees, and materials associated with: review and approval of applications for the Development; project marketing and lease -up; long- term compliance of the Applicant, and successors -in- interest to the Applicant, with respect to the maintenance of the Affordable Housing Units as such. 30-17.20 violation of Affordable Housing Cost a. If the Planning and Building Director determines that rents in excess of those allowed by this section 30 -17 have been charged to a tenant residing in a rental Affordable Housing Unit, the city may take the appropriate legal action to recover, and the rental unit owner shall be obligated to pay to the tenant (or to the city in the event the tenant cannot be located), any excess rent paid. b. If the Planning and Building Director determines that a sales price in excess of that allowed by this section 30 -17 has been charged for an ownership Affordable Residential Unit, the city may take the appropriate legal action to recover, and the Affordable Residential Unit seller shall be obligated to pay to the purchaser (or to the city in the event the purchaser cannot be located), any excess sales costs. Section 2 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 cornpetent.'urisdiction, such invalidity or unconstitutionality shall not render invalid or unconstitutional the remaining provision of this ordinance and to that end the provisions of this ordinance are hereby declared to be severable. Section 3 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 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 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 day of 2009. Lara Weisiger, city Clerk City of Alameda COMMUNITY IMPROVEMENT COMMISSION RESOLUTION NO. N R AMENDING THE INCLUSIONARY HOUSING POLICY FOR THE BUSINES AND WATER FRONT AND WEST END COMMUNITY IMPROVEMENT PROJECTS WHEREAS, the Community Improvement Commission (CIC) remains committed to increasing the production and availability of affordable housing; and WHEREAS, the City Council has approved a Density Bonus ordinance that provides density bonus units and incentives plus concessions for developers who voluntarily propose affordable housing units as an element of their residential development project; and WHEREAS, the CIC desires that the inclusionary housing requirement be the same for all areas in the City of Alameda; and WHEREAS, the CIC feels that a density bonus plus related incentives and concessions should not be automatically triggered; and WHEREAS, the CIC has determined that a density bonus plus related incentives and concessions should be an incentive to provide more affordable housing units; and WHEREAS, the CIC has made the following finding regarding the California Environmental Quality Act: The project is Categorically Exempt from review under the California Environmental Quality Act (CEQA) Section 15305, Minor Alterations in Land Use Limitations and 15061(b) (3) Review for Exemption. The proposed policy amendment would not permit or prohibit any land uses that are not currently permitted or prohibited under the General Plan or Municipal Code. As described above, the intent of the proposed amendments is to provide for a greater incentive for the production of affordable housing units. Therefore, the proposed policy amendment does not have the potential to cause changes to the physical environment that could result in significant adverse environmental effects within Alameda or other jurisdictions. Consequently, the proposed amendments are Categorically Exempt from environmental review pursuant to the CEQA Guidelines Section 15305, Minor Alterations in Land Use Limitations; and Section 15061 (b)(3), Review for Exemption. NOVA, THEREFORE, THE COMMUNITY IMPROVEMENT COMMISSION OF THE CITY OF ALAMEDA DOES RESOLVE AS FOLLOWS: SECTION 1. The foregoing recitals are adopted as findings of the City Council as though set forth fully herein. Resolution #3 -A Joint CC ARRA CIC Meeting 10-20-09 SECTION 2. Community Improvement Commission Resolution No. 04 -127 Section 2. a., Inclusionary Unit Requirements, is amended to read as follows: a. Unit Requirement. For all Residential Developments of three or more units in the Business and waterfront and vilest End Community Improvement Project Areas, at least 15 percent of the total units must be Inclusionary Units restricted for occupancy by very Low Low or Moderate Income Households. The number of Inclusionary Units required for a particular project will be determined only once at the time of project approval. If a change in the Residential Development design results in a change in the total number of units, the number of Inclusionary Units required will be recalculated to coincide with the final approved project. SECTION 3. Community Improvement Commission Resolution No. 04-127 Section 2. c., Inclusionary Unit Requirements, is amended to read as follows: c. Types of Inclusionary Units: Four percent (4 of the total units must be restricted to occupancy by very Low- Income Households; four percent (4 of the total units must be restricted to occupancy by Low Income Households; and seven percent (7 must be restricted to occupancy by Moderate- Income Households. For Residential Developments with sixty -nine (69) or fewer total units, Inclusionary Units shall be restricted for occupancy by very love low- or moderate- income households in the following proportions, which are based upon the above calculations: Total Units Inclusionary Units Income levels 05 to 9 1 1 moderate 10 to 16 2 1 moderate, 1 low 17 to 23 3 1 moderate, 1 low, 1 very low 24 to 29 4 2 moderate, 1 low, 1 very low 30 to 36 5 3 moderate, 1 low, 1 very low 37 to 43 6 3 moderate, 2 low, 1 very low 44 to 49 7 3 moderate, 2 low, 2 very low 50 to 56 8 4 moderate, 2 low, 2 very low 57 to 63 9 4 moderate, 3 low, 2 very low 64 to 69 10 5 moderate, 3 low, 2 ver low SECTION 4. This council finds the architecture and general appearance of the building will be in keeping with the neighborhood and the completed project will not be detrimental to the orderly and harmonious development of the City nor impair the desirability of investment or occupation in the neighborhood. 1, 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 20th day of October, 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 Commission this 21 st day of October, 2009. Lara Weisiger, Secretary Community Improvement Commission Beverly Johnson, chair Community Improvement Commission CITY of ALA EDA Memorandum To: Honorable Mayor and Members of the City Council Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority From: Ann Marie Gallant Interim City Manager /Interim Executive Director Date: October 20, 2009 Re: Authorize the Interim City Manager /Interim Executive Director to Negotiate and Execute a Contract with Environmental Science Associates for the Preparation of an Environmental Impact Report for Alameda Point Redevelopment Promect in an Amount Not to Exceed J2 Killion BACKGROUND On .duly 18, 2007, the Alameda Reuse and Redevelopment Authority (ARRA), Community Improvement Commission (CIC), and City (together Alameda) approved an Exclusive Negotiation Agreement (ENA) with sCC Alameda Point LC (SUnCaIN for the redevelopment of Alameda Point. On March 20, 2009, SunCal submitted Its initiative for the redevelopment of Alameda Point. Should the initiative qualify for the ballot in 2010 and the voters approve the initiative, implementation of the voter-approved plan will p p require discretionary actions by the City and the CIC. Pursuant to the California Environmental Quality Act (CEQA), these actions are subject to environmental review, and the City, as the lead agency, is responsible for preparing an environmental analysis evaluating the potential environmental impacts of the project. As a responsible agency, the CIC's subsequent actions will rely on the City's environmental documents. Pursuant to the ENA mandatory milestone schedule, it is necessary to begin work on the environmental documents immediately. In addition, the Oakland Chinatown Advisory Committee has requested that the City of Alameda provide the environmental analysis of the potential impacts of the initiative at the earliest possible time. Given the requirements of CEQA, the ENA milestones, and the importance of the environmental information to the residents of Chinatown and Alameda, staff is requesting that the City Council authorize the Interim City Manager /Interim Executive Director to negotiate and execute a contract with Environmental science Associates (ESA), based on the draft work scope and budget, in an amount not to exceed $2 million for the preparation of the EIR for Alameda Point. The draft work scope and budget are on file at the City Clerk's office. CC /AR RICK Agenda Item ##3 -B 1 O -20-0g Honorable Mayor and October 20, 2009 Members of the City Council Page 2 of 4 Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority DISCUSSION On March '11 2009, the City of Alameda circulated a Request for Qualifications (RFQ) to the environmental consultant community. In response to the request, the City received proposals from five firms with extensive environmental experience. After reviewing the proposals, the selection committee, which included representatives from Economic Development, Community Development, and Public Works, narrowed the field to the top three teams to be interviewed. Although all five firms were qualified, the top three had broad backgrounds in preparing EIRs for large scale, mixed -use projects on former Department of Defense facilities similar to the Alameda Point project in scale and complexity. Two of the three top firms also had knowledge preparing EIRs for large g scale, complex mixed -use projects in western Alameda and downtown Oakland. Upon completion of the interview process, the City's team selected ESA as the most qualified of the three to prepare the EIR for Alameda Point. ESA is skilled in preparing EIRs for large scale and complex development proposals in Alameda and Oakland. ESA's resume includes the Supplemental EIR for the Alameda Landing Project in 2000, J and its environmental work on the Oakland Army Base Redevelopment Plan, the Treasure Island Development Plan, Fruitvale Transit village, Brisbane Ba lands y Specific Plan, Oak to Ninth Avenue Plan, Jack London Square Redevelopment Project, San Francisco Transit Center Plan, and San Bruno Navy Specific Plan. To supplement its in -house expertise, the ESA team also includes: Dowling Associates: Dowling Associates has a strong background analyzing Alameda and the regional transportation system. Dowling prepared the cit ide transportation p analysis for the City of Alameda Transportation Element EIR that the City Council certified in 2009. Dowling also has experience conducting traffic impact studies for major, large -scale projects in downtown Oakland and elsewhere in the Ba y Area. Nelson Nygaard: Nelson Nygaard Associates is a leader in the field of transportation portat�on alternatives and transportation demand management. The company specializes in transit, transit oriented development, accessibility, and tools that balance the needs of all transit modes. Examples of their work include the Transportation Management Demand strategies and recommendations for Moffett Field and the City of Berkeley Downtown /Southside Area, and traffic reduction strategies for the City of Pasadena. Phil Williams and Associates Ltd LPDA) PWA specializes in hydrology, hydraulic engineering, and water resource planning. PWA. is an acknowledged expert with specific and relevant experience in calculating the effects of global warmin g on sea level rise along the East Bay shoreline and in the Oakland /Alameda Estuary. Recent experience includes work on the Treasure Island Stormwater Quality Plan and Wetland Design, Concord Community Reuse Plan for the Concord Naval Weapons Station Mare Honorable Mayor and October 20, 2009 Members of the City Council Page 3 of 4 Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority Island Salt Marsh Restoration, Hamilton Airfield Wetland Restoration, and South San Francisco gay Shoreline Study. Kleinfelder: Kleinfelder is a well respected firm specializing in geotechnical studies and mitigations. The firm has widespread knowledge of sites with bay mud conditions. Kleienfelder worked on the Fleet Industrial Supply Center redevelopment in Alameda, as well as flood control and geotechnical solutions for waterfront projects throughout the Bay Area, including the Oakland International Airport and the Port of Oakland outer I ntermodal Terminal project. Urban Community Partners: Urban Community Partners, LLC provides the team with real estate professionals with more than 35 years of combined experience in planning and developing master planned communities, urban infill, environmentally contaminated, military base reuse, commercial, industrial and residential projects. Urban Community Partners will assist ESA and the City with formulating environmental mitigations that can be integrated into the project in a manner that p rotects the p environment and maintains and improves the integrity of the development. The City's selection team found that the ESA team: Demonstrated the most relevant experience with projects of similar size and complexity; Provided the most qualified and experienced project manager and team members that will be working on the project on a daily basis with City staff; and Demonstrated the best understanding of the complexity of the project and the scope of work that will be necessary to complete the environmental review. ESA has developed a preliminary scope and budget for the EI R with assistance from City staff. ESA and its sub consultants will be working directly for the City of Alameda, and the City and the City's consultants shall be solely responsible for the technical adequacy for the environmental analysis. Staff is requesting that the City Council authorize the Interim City Manager /Interim Executive Director to negotiate and execute a contract with ESA in an amount not to exceed $2 million for the preparation of the .EIR for Alameda Point. If the City Council authorizes. the Interim Cit I�lana g er /Interim Y Executive Director to proceed, staff will finalize the scope and budget, and the Interim City Manager /interim Executive Director will execute the contract. As shown in the scope and budget, the anticipated cost of the work is approximately $1.5 million, but considering the complexity and controversial nature of the project, there is a high likelihood that additional unanticipated work might be needed in the future. Bearing in mind the time limits established by the ENA, and given that any additional work determined necessary by the City will be funded by SunCal, staff is requesting that the Honorable Mayor and October 20, 2009 Members of the City Council P age 4 o f 4 Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority City Council authorize the Interim City Manager/Interim Executive Director to make any necessary amendments to the contract at a future date to comply with the California Environmental Quality Act provided that the total amount of the contract with any amendments does not exceed $2 million. FINANCIAL IMPACT There is no financial impact as a result of this action. Pursuant to the ENA, SunCal will reimburse the City for all staff and consultant expenses incurred in the preparation of the EIR. The first deposit will be provided to the City by November 1, 2009, at which time work will begin on the EIR. MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE The recommendation to prepare an EIR is consistent with General Plan policy to carefully consider the impact of new development on the physical and natural environment. The process by which the recommended team was selected is consistent with City policies and standards for professional services consultant selections. ENVIRON REVIEW Pursuant to CEQA, the City of Alameda is required to prepare an analysis of potential environmental effects resulting from the proposed project. Authorize the Interim City Manager /Interim Executive Director to negotiate and execute a contract with Environmental Science Associates for the preparation of an Environmental Impact Report for the Alameda Point redevelopment project, based on the draft work scope and budget, in an amount not to exceed $2 million. AT: n rn