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2009-11-17 PacketJ N I f ,�a� CITY OF AL..AICIEDA CALIFORNIA SPECIAL MEETING OF THE CITY COUNCIL TUESDAY NOVEMBER 17, 2009 6:50 P.M. Time,-- Tuesda November 17, 2009, 6:00 p.m. Place: Citv Council Chambers Conference Room, Cit Hall, corner of Santa Clara Avenue and Oak Street. A 1. Roll Call Cit Council 2. Public Comment on A Items Onl r An wishin to address the Council on a items onl ma speak for a maximum of 3 minutes per item 3. Adjournment to Closed Session to consider: 3-A. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Si exposure to liti pursuant to subdivision b of Section 54956.9 Nor of r- .z cz Under ne J. I e Price and terms 3-B. CONFERENCE WITH LEGAL COUNSEL LIABILITY CLAIM (54956.95) Claimant: Mohamed Mahama A Claimed A Cit of Alameda 4. Announcement of Action Taken in Closed Session, if an 5. Adjournment Cit Council verl .0-1 of I a S'z`a r:ti �r CITY OF ALAMEDA •CALIFORNIA IF YOU WISH TO ADDRESS THE COUNCIL: 1. Please file a speaker' s slip with the Deputy City Clerk and upon recognition by the Mayor, approach the podium and state your name; speakers are limited to three (3) minutes per item. 2. Lengthy testimony should be submitted in writing and only a summary of pertinent points presented verbally. 3. Applause and demonstration are prohibited during Council meetings. AGENDA REGULAR. MEETING OF THE CITY COU NCIL TUESDAY NOVEMBER 17 2 00 9 7:30 P M [Note: Regular Council Meeting convenes at 7 :30 pry, 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) S. Council Referrals 9. Communications (Communications from Council) 10. Adjournment Public Participation Anyone wishing to address the Council on agenda items or business introduced by Ccuncilmembers may speak for a maximum of 3 minutes per agenda item when the subject is before Council. Please file a speaker's slip with the Deputy City Clerk if you wish to address the City Council SPECIAL MEETING OF THE CITY COUNCIL 6 :50 P.m. CITY COUNCIL CHAMBERS S eparate Agenda (Closed Session) SPECIAL JOINT MEETING OF THE CITY COUNCIL AND 7:31 P.M. COMMUNITY IMPROVEMENT COMMISSION, CITY COUNCIL CHAMBERS Separate Agenda PLEDGE OF ALLEGIANCE 1. ROLL CALL City Council 2. AGENDA CHANGES 3. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS 3 -A. Proclamation Encouraging Participation in the 2010 Census. 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 November 3, 2009. City Clerk) 4-B. Bills for Ratification. (Finance) 4-C. Recommendation to Accept the Quarterly Treasurer's Report for the Period Ending September 30, 2 0 0 9 (Finance) 4 -D. Recommendation to Accept the Quarterly Sales Tax Report for the Period Ending June 30, 2009. (Finance) 4 -E. Recommendation to Appropriate $750,000 in State water Resources Control Board Grant Funding and $50,000 in Urban Runoff Funds, and Award a Contract in the Amount of $549,450, Including Contingencies, to Power Engineering Contractors for the Installation of Mechanical Trash Racks at Stormwater Pump Stations, No. P.W. 08 -0 9 -23 Public Works) 4 -F. Recommendation to Authorize the Replacement of Alameda Fire Department Command Vehicle through the State of California's Contract Bid Process and the Purchase of Ancillary Equipment, Total Cost Not to Exceed $100,000. Fire) 4 -G. Adoption of Resolution No. 9460 to Reflect Current Positions and Entities to be Included in the City of Alameda's Conflict of Interest Code and Rescinding Resolution No. 14219. (City Attorney) 4 -H. Final. Passage of ordinance Amending ordinance No. 2130, New Series, Updating the Civil Service System of the City of Alameda. (Human Resources) 5. CITY MANAGER COMMUNICATIONS (Communications from City Manager) 5 -A. Fire Department Response Standards [Continued from November 3, 20091 5 -B. Update on Councilmember Tam's Referral: Sunshine Community Task Force 6. REGULAR AGENDA ITEMS 6 -A. Adoption of Resolution Appointing Kristy L. Perkins as a Member of the Library Board. 6-B. Public Hearing to Consider a Call for Review of the Planning Board's Approval of a Use Permit for a Convenience Store Located at 1623 Park Street; and Adoption of Related Resolution. (Community Development) 7. ORAL COMMUNICATIONS, NON AGENDA Public Com tent 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. Consideration of Modifying the September 15 Council Direction regarding Measure WW Funding. (Councilmember Gilmore) 9. COUNCIL COMMUNICATIONS (Communications from Council) Councilmembers can address any matter, including reporting on any Conferences or meetings attended 9-A. Consideration of Mayor' s Nominations for Appointment to the Commission on Disability Issues, Housing Commission, and Youth Advisory Commission. 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 IN 1P, V E, E :k CITY OF A LAMEDA CALIFORNIA L i t 5 {f(. .C .�'f/ SPECIAL JOINT MEETING OF THE CITY COUNCIL AND COMMUNITY IMPROVEMENT COMMISSION (CIC) TUESDAY NOVEMBER 17, 2009 7:31 P.M0 Location C34.ty Councl.1 Chambers, Cit Hall, corner of Santa Clara I 1721� Avenue and Oak Street Public Participation An wishin to address the Council/Commission on a items or business introduced b the Council/Commission ma speak for a m of 3 minutes per a item when the subject is before the Council /Co Please file a speaker's slip with the Deput Cit Clerk if y ou wish to speak on an agenda item ROLL CALL Cit Council, CIC 2. MINUTES 2-A. Minutes of the Special Joint Cit Council and CIC Meetin held on November 3, 2009 and the Special CIC Meetin held on November 4, 2009. [Cit Council, CIC (Cit Clerk) 3. REGULAR AGENDA ITEM 3-A. Public Hearin to Consider Introduction of Ordinance Amendin Municipal Code b Addin Subsection 30-17 (Densit Bonus Re to Article I (Zonin Districts and Regulations) of Chapter XXX (Development Re to Allow Densit Bonus Units and Incentives or Concessions to Developers that Voluntaril Provide for Affordable Housin Units as an Element of Their Reside Development Project. [Cit Council and Adoption of Resolution Amendin Resolution No. 04-127 to Reduce the Inclusionar Unit Re Polic for Residential Developments in the Business and Waterfront and West End Communit Improvement Project Areas from at Least 25% to at Least 1S%. CIC (Communit Development) Proclamation WHEREAS, an accurate census count is vital to the community and residents' well -being because it helps planners determine where to locate schools, day care centers, roads and public transportation, hospitals and other facilities, and it helps achieve an accurate and complete count of the nation's growing and changing population; and WHEREAS, more than $400 billion per year' in federal and state funding is allocated to ates:.:..and nd communities based, in part, on census data; and. WHEREAS, census data help determine how many seats each state will have in the U.S. House of Representatives and'often is used for the redistricting of state legislatures; a nd W �f �REA the 2010 Census creates jobs that stimulate economic growth and increase e loyrnen�; and tf1$, the information collected by the census is confidential and protected by law; and W }f��Z�fi$, as a 2010 Census'partner, the?City will support the goals and ideals for the 2010 Census andminate this information to encourage those in the community to participate in evEnts and initiatives that will raise awareness and ensuxe 4. full and accurate census; and W }f E REA$, through this partnership, the City will create or seek opportunities to collaborate with other like- minded groups in the community by participating in Complete Count Committees and /or utilizing high- profile, trusted voices to advocate on behalf of the 2010 Census. NOW "`rREFORE, 13E Ir R�SOLVED, that I, Beverly J. Johnson, Mayor of the City of Alameda, do hereby proclaim that the City of Alameda is committed to partnering with the U.S. Census to help ensure a full and accurate count in 2010. Be rl Jo son Mayor UNAPPROVED MINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY- NOVEMBER 3, 2009 -6:00 P.M. Mayor Johnson convened the Special Meeting at 6 :50 p.m. ROLL CALL Present: Counci lmembers deHa an, 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. Following the Closed Session, the Special Meeting was reconvened and Mayor Johnscn announced that regarding Anticipated Litigation Council received a briefing from L egal Counsel on a mater of anticipated litigation and provided direction to Legal Counsel; regarding Labor, the matter was not heard. Adjournment There being no further business, Mayor Johnson adjourned the Special Meeting at 7:30 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Special Meeting Alameda City Council November 3, 2009 UNAPPROVED MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- NOVEMBER 3, 2009- 7: 3 0 P.M. Mayor Johnson convened the Regular Meeting at 7:42 P M Honorary Councilmembers Annie Lynch and Bria M. wade led the Pledge of Allegiance. ROLL CALL Present: Counc i l membe rs deHaan Gilmore, Matarrese, Tam, and Mayor Johnson 5. Absents None. AGENDA CHANGES 09- Mayor Johnson announced that the Presentation [paragraph no. 09-- I and Fire Department Response Standards [paragraph no. 09- 1 would not be addressed. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS 09- Presentation by Alameda County congestion Management Agency on 1-880 Operational and Safety Improvements at 2 9 th Avenue and 23 Avenue Overcrossings Not heard. CONSENT CALENDAR. Mayor Johnson announced that the Recommendation to Accept Transmittal [paragraph no. 09- J, Recommendation. to Authorize the Interim City Manager to Negotiate [paragraph no. 09- and Resolution Authorizing the Interim City Manager to Modify [paragraph no. 09- were removed from the Consent calendar for discussion. Councilmember Gilmore moved approval of the remainder of the Consent Calendar. Councilmember Tarn seconded the motion, which carried by unanimous voice vote 5. Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] *09- Minutes of the Special Joint City Council and Public Utilities Board Meeting and the Regular City Council Meeting held on October 20, 2009, and the Special Joint City Council and Alameda Reuse a.nd Redevelopment Authority Meeting held on October 27, 2009. Approved. *09- Ratified bills in the amount of $2,714.803.72 Regular Meeting Alameda City Council November 3, 2009 09- Recommendation to Accept Transmittal of Certificate of Sufficiency of an Initiative Petition Entitled ""Alameda Point Development." Speakers Gretchen Lipow, played a video and submitted ahandout on behalf of Eugenie Thomson; David Howard, Alameda; Irene Dieter; Reyla Greber, Protect the Point; Julia Liou, Oakland Chinatown Advisory Committee. Mayor Johnson inquired whether Council has any discretion on placing the matter on the ballot, to which the City Attorney responded in the negative. Mayor Johnson inquired about misleading comments noted by speakers. The City Attorney responded that she has reviewed the initiative and does not conclude that there is sufficient evidence to engage in litigation over the matter; stated there seems to be some confusion regarding the difference between a Council initiative and a voter initiative which, does not require prior California Environment Quality Act (CEQA) compliance. Mayor Johnson inquired whether there is any basis for not placing the matter on a ballot. The City Attorney responded in the negative; stated Council or the City Clerk would have been required to seek declaratory relief from the Court to be relieved of ministerial duties to certify the signatures and set the election. Mayor Johnson inquired whether an Environmental Impact Report (EIR) would be completed prior to placing the matter on the ballot. The City Attorney responded in the negative; stated the developer is not required by law to begin the CEQA process [before placing the matter on the ballot]; the developer has consented to pay for the study which will not be completed prior to the election; a Disposition and Development Agreement would not come to Council without a CEQA analysis; the City has gone above and beyond to attempt to initiate the CEQA. process. Vice Mayor deHaan inquired whether the City Attorney has reviewed Eugenie Thomas' letter, to which the City Attorney responded in the negative. Vice Mayor deHaan inquired whether the City Attorney received Ms. Thomas' letter prior to tonight, to which the City Attorney Regular Meeting Alameda City Council 2 November 3, 2009 responded in the negative. Counci member Gilmore moved approval of the staff recommendation. Coun.cilmember Matarrese seconded the motion. Under discussion., Counci lmember Tam inquired whether the motion is just to accept the transmittal of the certificate of sufficiency of the initiative petition, to which the City Attorney responded in the affirmative. on the call for the question, the motion carried by unanimous voice vote 5. *09- Recommendation to Accept a Grant from the Assistance to the Firefighters Grant Program for $65,127 to Develop and Administer a Multi- Hazard. Injury Prevention Program for Residents 65 Years of Age and older, Appropriate $13,426 in Fiscal Year 2009- 2010 Community Development Block Grant Funds to Meet the Grant Application 20% Match Requirement, and Authorize Staff to Make the Appropriate Budget Adjustments. Accepted. 09- Recommendation to Authorize the Interim City Manager to Negotiate and Execute All Required Agreements Between the Water Emergency Transportation Authority (WETA) and the Ferry Operators to Place the MV Pisces, Scorpio, and Gemini in operation on the Alameda Ferry Service. [contracts: WETA, Harbor Bay Maritime, and Blue Gold Fleet] Councilmember Matarrese stated that he would like some feedback from WETA regarding the use of boats to alleviate the Bay Bridge emergency closure. The Ferry Services Manager stated the Alameda Harbor Bay Ferry Service and Alameda/Oakland Ferry Service responded very well to the emergency; both the Pisces and Bay Breeze were used; the Bay Breeze was the main boat; noted the Alameda /Oakland Ferry transported the Rockets to their game. Nice Mayor deHaan inquired whether staff assessed the parking situation during the emergency closure, to which the Ferry Services Manager responded in the negative. Vice Mayor deHaan stated that he assessed the parking situation; the impact was quite extensive and indicates future concern if increased ridership continues. The Ferry Services Manager stated the Main Street terminal parking Regular Meeting Alameda City Council 3 November 3, 2009 lots were full. Vice Mayor deHaan stated that he is referring to the Alameda Harbor Bay Ferry terminal; the neighborhood was impacted. Mayor Johnson stated wETA is looking into using a parking lot that is partially Leased by His Lordships Restaurant in Berkeley; parking lots do not need to double if ridership doubles; unique, creative solutions are being developed instead of doubling the amount of pavement. Vice Mayor deHaan stated the new Alameda Harbor Bay Ferry Service vessel has less capacity. The Ferry Services Manager stated the Pisces carries 149 passengers and the Bay Breeze carries 250 passengers. Vice Mayor deHaan inquired whether wETA is looking at larger ferries. The Ferry services Manager responded wETA will get the Scorpio, which has been offered to the city for the Alameda/Oakland :Ferry Service; the plan is to sub charter the Scorpio to the Blue Gold Fleet for Alameda /Oakland Ferry service operations and take the Gemini from the Blue Gold Fleet for use by Harbor Bay Maritime for Alameda Harbor Bay Ferry operations. Coun.cilmember Matarrese moved approval of the staff recommendation with direction to ensure that communication continues with wETA. regarding how to address the next Bay Bridge closure. Councilmember Matarrese stated real time information is available; the Bay Bridge could close again; information will help if a larger emergency occurs. Vice Mayor deHaan seconded the motion. Under discussion, Mayor Johnson stated the City still operates its ferries and should be gathering data. Vice Mayor deHaan inquired when wETA would start operating the ferries. The Deputy City Manager responded hopefully January 1, 2010, but probably June 30, 2010. On the call for the question, the motion carried bv unanimous Voice vote 5. Regular Meeting Alameda City Council 4 November 3, 2009 *09- Resolution No. 14396 "Authorizing the Interim City Manager to Enter into an Agreement with the Bay Area Air Quality Management District for Carl Moyer Program Grants to Replace Two Ferry Vessel Diesel Engines, Conduct an open Market Purchase of Two Ferry Vessel Diesel Engines and Two Diesel Generators Pursuant to Section 3 -15 of the Alameda City Charter, and Execute All Necessary Documents." Adopted. [Contract: Valley Power Systems] *09- Resolution No. 14397 "Adopting the City of Oakland's Deficiency Plan for State Route 185, Acknowledge that the Implementation of the Deficiency Plan will be Monitored Biennially by the Alameda County Congestion Management Agency as Required by State Law, and that the Schedule and Progress for Implementation of the Deficiency Plan will be Considered as Part of the Annual Conformity Requirements for the Congestion Management Program." Adopted. 09- Resolution No. 14398 "Authorizing the Interim City Manager to Modify the Measure B Paratransit Program for Fiscal Year 2009 -2010 and Make the Appropriate Revenue and Expenditure Budget Adjustments Based on the Proposed Changes." Adopted. Speaker Former Councilmember Barbara Kerr. Mayor Johnson stated staff is working very hard to make the Paratransit Program known; Former Councilmember Kerr's ideas are good. Councilmember Gilmore inquired whether the Fiscal Year 2009 -2010 Premium Taxi Service budget would not be changed. The Public works Director responded in the affirmative; stated Council would review any possible changes next year; having only a few months of shuttle service data is not sufficient; a year of data is needed to measure the success of the shuttle service. Councilmember Gilmore inquired whether inquired why Meals on wheels is not anticipated to be an ongoing component of the City's Paratransit Program. The Public works Director responded the Alameda County Transportation Improvement Authority (ACTIA) has concerns regarding whether some of the programs are reaching the paratransit community; stated some programs will need to be revised in order to support the shuttle service on an extended basis; Meals on wheels would be discontinued if the shuttle service continues. Regular Meeting Alameda City Council 5 November 3, 2009 Councilmember Gilmore inquired whether the City has funded Meals on Wheels for two years, to which the Public works Director responded in the affirmative. Councilmember Matarrese stated a baseline should be established and measured not less than bi- annually to demonstrate progress; having data is important if changes are needed. Vice Mayor deHaan inquired whether the Social Services Human Relations Board (SSHRB) and Recreation and Park Commission have been contacted on the matter. The Public works Director responded the SSHRB and Recreation and Park Commission were not contacted since the previously funded programs have not changed; stated staff is using existing reserve funds for the shuttle service which is anticipated to start in March, 2010; prior programs have been reviewed by the SSHRB and Mastick Senior Center staff. Vice Mayor deHaan inquired whether the SSHRB and Recreation and Park Commission could be involved in the six month review. The Public works Director responded the SSHRB and Recreation and Park Commission could be involved with measuring the affect of the shuttle service analysis. Mayor Johnson stated the SSHRB and Recreation and Park. Commission should be briefed on programs to help spread the word. The Public works Director stated ACTIA and the Paratransit Advisory Planning Committee were very complimentary regarding some of the programs provided and stated that the City has stellar advertising. Councilmember Matarrese moved adoption of the resolution with direction that staff determine the starting baseline, measure not less than every six months and involve the SSHRB and Recreation and Park Commission in the process. Vice Mayor deHaan seconded the motion, which carried by unanimous voice vote 5. *09- Introduction of ordinance Amending ordinance No. 2130, New Series, Updating the Civil Service System of the City of Alameda. Introduced. *09- ordinance No. 3009 "Amending the Alameda Municipal Code by Amending Subsection 30 -5.14 (Barriers and Fences) of Chapter XXX (Development Re(gulat ions by Adding Subsection 30-5.14 e to Regular Meeting Alameda City Council 6 November 3, 2009 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." Finally passed. *09- Ordinance No. 3010 "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."" Finally passed. CITY MANAGER COMMUNICATIONS 09- Fire Department Response Standards. Not heard. Scheduling Date Joint City Council. /School Board Meeting. The Deputy City Manager gave a brief presentation. The City Clerk stated two potential dates are January 13, 2010 and January 14, 2010; three Councilmembers have a clear schedule; that she is waiting to hear back from two Councilmemberrs; the meeting time would be 6:30 p m. or 7:00 p m. Mayor Johnson stated the School District may have a problem with January 14; the meeting should be scheduled for January 13 as long as three School Board Members can attend. Councilmember Tam stated that she would have to defer to the majority and reschedule a conflict. REGULAR AGENDA ITEMS 09- Public Hearing to Consider Adopting Amendment #1 to the Fiscal Year 2009-2C10 Communi. ty Development Block. Grant Action Plan, Authorizing the Interim City Manager to Negotiate and Execute Related Documents, Agreements and Modifications, and Authorizing Staff to Make the Appropriate Budget Adjustments. The Economic Development Director gave a brief presentation. Councilmember Gilmore inquired how staff came up with $75,000 for the Littlejohn Park Community Center kitchen upgrade. The Economic Development Director responded the Recreation and Park Department provided the estimate. Councilmember Gilmore stated the figure seems high; $75,000 could Regular Meeting .Alameda City Council 7 November 3. 2009 pay for a high --end residential kitchen. The Economic Development Director stated the estimate includes electrical upgrades; any unspent money would go back into the program. Vice Mayor deHaan inquired whether the kitchen update was a project was on the Measure WW list, to which the Economic Development Director responded that she does not believe so. The Deputy City Manager stated the American Recovery and Reinvestment Act funds were to be used originally. Councilmember Matarrese stated the Multi Hazard Prevention Program is a good idea, particularly if plugged into the conduit at Mastick Senior Center; that he hopes to take advantage of programs run out of the Hospital District in order to have large outreach. The Economic Development Director stated that she would pass Councilmember Matarrese' s comments on to the Fire Department that runs the program; the Federal Emergency Management Administration will be providing a $65,000 matching grant. Mayor Johnson opened the public portion of the hearing. There being no speakers, Mayor Johnson closed the public portion of the hearing. Councilmember Tangy moved approval of the staff recommendation. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote 5. 09- Resolution No. 14399 "Calling an Election in the City of Alameda on February 2, 2010 for the Purpose of Submitting to the Electors an Initiative Regarding Development at Alameda Point." Adopted. The City Clerk gave a brief presentation. Mayor Johnson inquired what date would fall within the 88 to 103 day window; further inquired what date would fall within. the 180 day window. The City Clerk responded the 180 -day window would not apply because the City would have to consolidation with another election and there is nothing to consolidate with; stated 88 days falls on January 30, which is a Saturday; the 103 days falls on February 13, Regular Meeting Alameda City Council 8 November 3, 2009 which is also a Saturday. Vice Mayor Johnson inquired whether the City can consolidate with another election between January 30 and February 13. The City Clerk responded the Registrar would be conducting an election for Piedmont on February 2, 2010. Councilmember Gilmore inquired whether SunCal specifically requested a special election in the initiative, to which the City Attorney responded in the negative. Councilmember Gilmore inquired whether the City Clerk is outlining a very strict construction of the Elections Code. The City Attorney responded in the affirmative; stated the 180 days would be measured from the date Council acts to set the election, which is consistent with the legislative intent. Councilmember Gilmore stated the interpretation is very strict; inquired whether any case law requires said time frame. The City Attorney responded that she is not aware of any cases addressing whether a city could go outside the 180 days, only legislative history. Councilmember Gilmore stated the initiative is both an ordinance and Charter amendment; staff has chosen to analyze the initiative as an ordinance, not a Charter amendment; the Charter amendment part has been in the f oref rout of everyone' s mind from the beginning; that she is confused about the initiative being analyzed as an ordinance and not a Charter amendment. The City Attorney stated staff is not analyzing the matter solely as an ordinance, although the ordinance code section was cited by the drafters of the initiative; the initiative is partly a Charter aC'i'i endment an par k t f or all a '�e.i dmei�t to t he G enie� r -LC;L 15% of the qualified voters signed the petition; the Elections Code does not address an initiative that is both a Charter amendment and an ordinance; Councilmember Gilmore is correct in stating that staff is providing a more conservative reading when there is nothing specifically on point; the end result would have been the same if signatures were submitted earlier in the gear; the matter would have come to Council in August to set the election for November 3, which would have fallen between the 88 and 103 day window. Mayor Johnson inquired whether anything states that the 88 to 103 Regular Meeting Alameda City Council 9 November 3, 2009 day window does not apply to an ordinance initiative. The City Attorney responded there are four exceptions under Elections Code 1405; stated one exception allows consolidation with another election; the problem is that the City does not have an election with which to consolidate; another exception allows the election to be held with the General Election if it falls between a State wide primary and a General Election; money would be saved; the other two exceptions do not apply; such as, more than two special elections cannot be called within 180 days. Councilmember Gilmore stated that she would prefer to have the initiative classified as a Charter amendment rather than an ordinance; putting the initiative on the ballot in February would cost $200,000 or more; City money is tight; the Cost would be approximately $50,000 to $75,000 if the initiative were placed on the June ballot; placing the initiative on the June ballot would be fiscally responsible. Mayor Johnson inquired whether there is any way to ignore the fact that the initiative includes an ordinance and consider the initiative a Charter measure. The City Attorney responded the initiative has much more to do with an ordinance than an amendment to Measure A; stated that she would not advise ignoring the fact that the initiative includes an ordinance. Councilmember Tam stated the last sentence of Section 9214 addresses the requirement that a citizen's Committee would need to request that the ordinance be submitted immediately to a vote of the people at a special election; that she does not think the request is in place; a letter was received from some citizen imitative signatories requesting to consider a June election in order to provide an opportunity for the City to engage in good faith negotiations; questioned why the matter has been placed on the Regular agenda instead of the Consent Calendar if a strict reading of the Elections Code precludes the flexibility of the Council; stated a 67% potential savings could easily fund three fire fighter laid off positions, pay for a lot of programs, and keep City Hall open on Fridays which the Interim City Manager is proposing to close; Council should do everything possible to be fiscally prudent. Mayor Johnson stated the matter cannot be placed on the Consent Calendar because Council needs to set a date for the election. Councilmember Matarrese inquired how the initiative would be Regular Meeting Alameda City Council 10 November 3, 2009 classified if Measure A. was removed. The city Attorney responded the initiative would be classified under Elections code 9214. Councilmember Matarrese inquired whether the reference to the ordinance would be unchanged, to which the city Attorney responded in the affirmative. Councilmember Matarrese inquired whether one feature of the initiative is dependent on the other, to which the city Attorney responded in the negative. Councilmember Matarr ese inquired whether the features need to be evaluated when assigning the appropriate sections of the Elections Code. The City Attorney responded in the affirmative; stated the initiative proponent was not required to cite section 9217. Councilmember Matarrese inquired whether the classification is independent of the request made by supporters of the initiative, to which the city Attorney responded that she believes that is accurate. Councilmember Matarrese inquired whether said statement is correct. The City Clerk responded that she has not seen the supporters' request. Councilmember Matarrese inquired whether the Elections Code considers the text of the initiative; further inquired whether a feature [of the initiative] classifies the initiative as an ordinance. The city Attorney responded the City Clerk pointed out that in the text of the n1. I I -I- V the nitiati ve proponent act LIGII I y cited Elections code 9217 and identified the initiative as an ordinance, not a Charter amendment. Mayor Johnson inquired whether having the proponent identify the initiative as an ordinance, not a charter amendment, would be based on the face of the initiative and not what the proponent claims. The city Attorney responded the totality of the circumstances would be reviewed_ Mayor Johnson stated in reviewing the initiative independently Regular Meeting Alameda City Council 1 Z November 3, 2009 staff would conclude that the initiative is predominately an ordinance and other parts are a Charter amendment. The City Attorney stated the initiative is hybrid and is not solely a Charter amendment. Councilmember Matarrese stated it does not matter whether the Charter component is 10 or 50%; the initiative has an ordinance component; the interpretation is not conservative; inquired whether the Elections Code has drivers stating both need to be met. The City Attorney responded in the affirmative; stated that she understands Councilmember Tam's and Councilmember Gil ore's valid concerns regarding setting the election on a date that would cost the City the least amount of money; the problem is that the Elections Code does not provide any guidance as to what to do with a hybrid situation; Section 9255 is intended for Charter cities to set an election for a Charter amendment; the closest thing under the Elections Code that would seem to apply is Section 9214 which cross references Section 1405, which requires the 88 to 103 day window with a few exceptions that do not seem to fit. Vice Mayor deHaan inquired what would be the cost difference if the City does not consolidate with Piedmont in February. The City Clerk responded there is no election to consolidate within. the 180 period; stated a savings would be possible if there were something to consolidate with in April. Councilmember Tara stated according to the Registrar of Voters, the cost of having a special election where Alameda has the only item ranges from $6.50 to $8.50 per voter which would total up to the high end of $350,000; the June election would include a primary, Board. of Supervisors, and City of Oakland election and the cost would range from $1.50 to $2.50 per voter; potentially, there could be a savings of approximately $300,000. Councilmember Gilmore inquired what would be the consequences of ignoring the Elections Code and placing the SunCal initiative on the June ballot. The City Attorney responded the Council could receive a writ of mandate for not complying with the Elections Code. Councilmember Tam stated that Section 9214 stipulates that a request is needed for a special election; one camp does not want the initiative at all; proponents and supporters of the initiative would like the initiative to go past the Exclusive Negotiation Regular Meeting Alameda City Council 12 November 3, 2009 Agreement (ENA period; the Oakland City Attor prefers November because that is when the first administrative draft cf the EIR would be available; there does not seem to be direct clarity that there is a violation of the Elections Code; the exposure and risk do not seem to be that high right now. Councilmember Matarrese stated that he has no intention of willfully violating the Elections Code; the Oakland City Attorney works for people who might potentially sue the City; that he w ould like to hear what the speakers have to say; that he wants more clarification regarding the difference between classifying the initiative as an ordinance versus a request from the proponents having the initiative classified [as an ordinance] Mayor Johnson stated the Oakland City Attorney is looking at the issue from a whole different prospective. The City Attorney stated the Oakland City Attorney is presuming that the initiative is a Council sponsored, authored initiative, which is not the case. In response to Council Matarrese's inquiry regarding whether an initiative proponent directly requesting an initiative to be set for a special election is a different question from this initiative reference to Elections Code 9217, the City Attorney responded Elections Code 9217 describes what can be done with an ordinance; the initiative proponents did not come out and request a special election, but called for an election in a section of the initiative and referred to Elections Code 9217. Councilmember Tam stated that she is referring to Section 9214 which is the reference in the City Clerk's staff report. The City Attorney stated the question has been asked and answered. Councilmember Tam inquired whether Section 9217 is different from sectio1. 9214, to wh %h the City .�ttor ney responded i�� t he affirmative. Vice Mayor deHaan inquired whether SunCal has offered to pay for the election, to which the Deputy City Manager responded that she does not know. Speakers Former Councilmember Barbara Kerr, Alameda; Dug Siden, Al amedans for Alameda Point R evitalization; Ho nora Murphy, Alameda; Ran.d.ell Sharpe, Alameda; Diane Coler -Dark, Alameda; Anne Spanier, League of women Voters; Laura Thomas Renewed Hope; Ross Oj eda, Renewed Hope; Lois Pryor R enewed Hope; William Smith, Renewed Regular Fleeting Alameda City Council 1 3 November 3. 2009 Hope; Lynette J. Lee, Renewed Hope; David Howard, Alameda; Dave Needle, Protect the Point; Marc Kasky, Green Century Institute, (submitted handout); Ashley Jones, Protect the Point; Elizabeth Greene, Alameda Architectural Preservation Society; Irene Dieter; Rosemary McNally, Alameda, (submitted handout); Brian Schumacher, Alameda; Gretchen Lipow, Alameda, statement read by Shayn L❑shafroff; Nancy Gordon, Alameda; Jim Ross, Protect the Point; Karen Bay, Alameda; Bob Sikora, Alameda; Rose Ferro, Alameda; Michael Sohn. Torrey, Alameda; Robb Ratto, Park Street Business Association; Former Councilmember "Lill' Arn.erich, Alameda. Councilmember Tam stated the initiative is very complex and a lot of issues need to be vetted on both sides; that she feels it is worth looking at the Elections Code and interpreting it in a way that provides the flexibility to save the taxpayers a significant amount of money in tough economic times. Councilmember Tam moved approval of setting the election to be consolidated with the June 8, 2010 election. Councilmember Gilmore seconded the motion. Under discussion, Councilmember Gilmore stated the City Attorney stated that the Elections Code does not provide guidance for a hybrid initiative; the matter has been about Measure A. since the beginning; the platter would be a moot pint in terms of the General Plan amendment if there were no exemption to Measure A; that she agrees with a lot of the comments that people made tonight; the absentee ballot issue did not occur to her; the initiative is very complex and everyone needs to read the initiative and be well informed before casting a vote; that she cannot agree to spend money on an initiative when the cost would be so much less in June. Mayor Johnson stated Council has received an opinion from the city Attorney; the matter is a legal issue and council should be following the City Attorney's opinion. Councilmember Matarrese inquired whether there is flexibility to put off making a decision tonight. The City clerk responded according to Elections code 9214 and 9215 on the night that the certification of the petition is presented, Council needs to adopt the ordinance within ten days of being presented, immediately order an election, or order a report; however, council has already ordered a report. Councilmember Tara inquired whether council could adopt the initiative. Regular Meeting Alameda City Council 14 November 3, 2009 The City Attorney responded in the negative because part of the initiative includes a Charter amendment. Vice Mayor deHaan stated many people are concerned about whether the public understands what the initiative is all about; that he is concerned with citizen groups being able to get messages out in such short order; sunCal has been peppering the community for the last six months; the community now understands what is in the initiative; the initiative cannot be changed; that he bows to the legal determination; the developer has $500,000 into the initiative already and will have over $1 million before the matter is over. Mayor Johnson stated it would cost a lot of money for community members to run a campaign through June. On the call for the question, the MOTION FAILED by the following voice vote: Ayes: Councilmembers Tam and Gilmore 2. Noes: Councilmembers deHaan, Matarrese, and Mayor Johnson 3. Councilmember Matarrese inquired whether any other opinions have been sought. The City Attorney responded in the affirmative; stated Elections Code experts have been consulted. Councilmember Matarrese inquired whether Elections Code experts concur [with the City Attorney], to which the City Attorney responded in the affirmative. Councilmember Matarrese stated that he wishes he could support an alternative that saves the City money; the law, as interpreted by the City Clerk and City Attorney, needs to be followed. Councilmember Matarrese moved adoption of resolution setting the election date of February 2, 2010. Vice Mayor deHaan seconded the motion. Under discussion, Vice Mayor deHaan stated the community seems to be on board and understand the initiative. Councilmember Gilmore stated the decision is difficult; that she feels very strongly that a creative, legal way could have been found to avoid having to place the matter on the February ballot and save the City a lot of money; that she cannot vote to be fiscally irresponsible; that she will abstain from voting on the matter. Regular Meeting Alameda City Council 15 November 3, 2009 Councilmernber Tarn stated that she will oppose the motion; that she cannot impose an additional financial burden on the City when there are job cuts, closing of City Hall on Fridays] and potentially taking an ambulance out of service; based on conversations with outside counsel, a way should have been found to give Council flexibility; that she is not supportive of the motion. Mayor Johnson stated that she appreciates the concern for fiscal responsibility; the cost of the election is nothing compared to the issues presented in the initiative. On the call for the question, the motion carried by the following voice vote; Ayes: Councilmembers deHaan, Matarrese, and Mayor Johnson 3. Noes: Counc i lmember Tam. Abstentions: Counc i lmember Gilmore 1. The City Clerk stated that tomorrow she will go out with a notice regarding submitting arguments; Council can chose to designate authors for arguments; the mailing of the sample ballot will be from December 24 through January 12; absentee ballots will be mailed out January 4; the last day to apply to vote by mail. is January 26. Mayor Johnson inquired whether there can be one ballot argument on each side, to which the City Clerk responded in the affirmative. Mayor Johnson inquired whether Councilmembers can select someone to write the argument on one side or another, to which the City Clerk responded in the affirmative. Mayor Johnson inquired when the argument needs to be submitted. The City Clerk responded the Registrar's suggested deadline for direct arguments is November 13; stated the she will bump the deadline back a little bit. Mayor Johnson inquired how many people can sign the argument, to which the City Clerk responded five. Councilmember Matarrese inquired whether timelines could be posted on the website. The City Clerk responded in the affirmative; stated Council can designate authors for the argument. The City Attorney stated there is no requirement for a Coun.ci lmember to volunteer to draft an argument, but it can be Regular Meeting Alameda City Council 16 November 3, 2009 done. ORAL COMMUNICATIONS, NON-AGENDA 09- Former Councilmember Barbara Kerr, Alameda, stated housing along the north side is a valuable asset to the City and needs to be preserved; the Planning Board approved extending truck use from the Encinal terminals for another four years; lower income neighborhoods are necessary for the working force; everyone at City Hall should do everything possible to protect neighborhoods; diesel fumes are poisoning the children playing at Littlejohn Park. Mayor Johnson inquired when the issue came to the Planning Board, to which Former Councilmember Kerr responded. recently. In response to Vice Mayor deHaan's inquiry, the Economic Development Director stated the conditional use permit and lease for Encinal Terminals was terminating; stated time was extended to allow containers to be moved off site; another permit provided the opportunity for an interim use which included adding some storage; eighteen months is the total time for terminal activity. Vice Mayor deHaan inquired whether there would no longer be container storage, to which the Economic Development Director responded in the affirmative. Vice Mayor deHaan inquired when storage would case, to which the Economic Development Director responded that she does not know. Vice Mayor deHaan requested an off agenda report on the matter. 09- Doug Siden, East Bay Regional Park. District, stated a unified plan has been set up at Coast Guard. Island since the recent oil spill into the Bay; no one ever addressed the possibility of what to do in case the Bay Bridge is closed [during an oil spill]; the Park District closed Crown. Beach; crews came in to rescue birds; the Police Department was notified and were involved in the briefings. Mayor Johnson stated a briefing should be provided after everything is sorted out. Councilmember Tam inquired whether the beach is still closed, to which Mr. Siden responded in the affirmative. Councilmember Tam inquired when the beach would reopen, to which Mr. Siden responded the Health Department would make the declaration. Regular Meeting Alameda City Ccuncil 17 November 3, 2009 COUNCIL REFERRALS None. COUNCIL COMMUNICATIONS 09W Consideration of Mayor's nomination for appointment to the Library Board. Mayor Johnson nominated Rristy L. Perkins for Appointment to the Library Board. 09- Councilmember Gilmore stated that on October 22 she attended the Association of Bay Area Government (A.BAG) fall general assembly; Ron Simms, Deputy Secretary of Housing and Urban Development (HUD) stated HUD will be operating differently under the new administration; HUD will be working with the Department of Transportation, the Environmental Protection Agency (EPA) and the Department of Education to coordinate funding; regional planning will be needed in order to receive HUD funding; land use and transportation decisions will need to be integrated; regionalization is the only way to compete in the twenty first century; HUD decision making is now going to be done at the local level; HUD is trying to position itself as a partner, not a regulator. 09- Councilmember Matarrese stated AB166 addresses fines for illegal, abandoned boats and also includes a surrender fund to keep decrepit boats from becoming hazards to navigation; Alameda has several thousand slips; he would like to know whether AB16 6 applies to street abandonment as well as marina abandonment; marinas are left with the disposal of a boat that will not sell at auction; the most important component of A2166 is that the Governor is supplying a surrender fund; a strapped boat owner can surrender a boat to the fund, and the fund would deal with the disposal of the unsellable asset. 09- Vice Mayor deHaan stated Council requested a recommendation from the Police Department regarding abandoned vehicles. The Police Chief stated the Police Department is working with the City Attorney's office to finalize an action plan; a report should be ready in the next few weeks. Mayor Johnson stated the plan needs to include boats. The City Attorney stated boats and recreation vehicles will be part Regular Meeting Alameda City Council 18 November 3, 2009 of the amended ordinance. councilmember Matarrese stated a boat on Grand Street is being moved and is abandoned; the hazard needs to be removed. Vice Mayor deHaan stated trailers are also an issue. ADJOURNMENT There being no further business, Mayor Johnson adjourned the Regular Meeting at 10.47 p.m. Respectfully submitted, Zara Weisiger City Clem. The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Caunoil 19 November 3, 2009 CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Lisa Goldman Deputy City Manager Date: November 12, 2009 Re: List of W arrants for Ratification This is to certify that the claims listed on the attached check register and shown below have been approved by the proper officials and, in my opinion, represent fair and just charges against the City in accordance with their respective amounts as indicated thereon. Check Numbers Amount 223935 224019 $1,971,460.49 EFT 757 $10, 364:87 EFT 768 $20.5, 021.37 EFT 759 $147418.00 EFT 760 $209,750.00 EFT 751 $50 Maid Checks: 224003 223990 GRAND TOTAL ($218.62) ($25,308-00) $2,435,478.11 Respectfully submitted, WA Deputy City Manager Council Warrants 11/17109 BILLS A4_g .11/17/2.009 CITY OF ALAMEDA Memorandum To: honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: November 17, 2009 Re: Accept the Quarterly Treasury Report for the Period Ended September 30, 2009 Each fiscal quarter an Investment Summary Report is provided to the City Council for review, per City policy. The report includes all cash available at quarter -end summarized in five major categories: 1) cash on hand includes funds in petty cash, change boxes, and vault; 2) cash on deposit funds in checking and payroll bank accounts; 3) working capital funds on deposit with the Local Agency Investment Fund (LAIF); 4) idle cash funds under management by registered investment advisors (RIAs); and 5} bond proceeds funds on deposit with trustees or fiscal agents. Exhibit 2 to this report is the Treasury Report for the fiscal quarter ending September 30, 2009. DISCUSSION As of September 30, 2009, the City's cash assets were as follows: September 30, 2009 Cash -on -hand 8,040 Cash -on- deposit 3 Working capital 19 Idle cash 78 Bond proceeds 23 Total The cash management portfolio summary also identifies the City's invested idle cash, as well as funds invested for various assessment district and bond funds. Detail as to rate, yield, maturity date, par, and market value are also included. City Council Agenda Item ##4 11 -17 -09 Honorable Mayor and Members of the City Council November 17, 2009 Page 2of2 All investments have been made in accordance with the provisions of the City's approved Investment Policy. The City of Alameda's expenditure requirements for the next 180 days are more, than sufficiently covered by anticipated revenues from City operations and liquidity from cash on hand, working capital, or maturing investments. FINANCIAL IMPACT As of September 30, 2009, the City had received 21 of the budgeted interest income for FY09 -10.. RECO Accept the Quarterly Treasury Report for the period ending September 30, 2009. Respectfully submitted, A Lisa Goldman Deputy City Manager Exhibits: 1. Review Letter Kevin Kennedy, City Treasurer 2. Investment Portfolio Summary Report cc. Kevin Kennedy, City Treasurer City of Alameda California November 1 7, 2009 Honorable Mayor and City council: I have reviewed the city of Alameda's Treasury Report for the quarter ending September 30, 2009, and find that it complies with the Investment Policy established by my office. The interest of the council is always appreciated. S' n' ref y p 1 6 1 1 p Kevin Kenn �q City Treasu r K Kld Kevin Kenne City Treasurer Office of the City Treasurer 2263 Santa Clara Avenue, Room 220 Alameda, California 945 -4477 5 14.747.4881 office e Fax 51 0.747.4890 TDD 51 0.522. City Council E xhibit I to Agenda Item ##4 -C 11-17,-09 m CD C) N 6 co W m LU U7 z 0 W W LIJ 2 Q Q LL 0 0 W U tY 0 LL _0 J 0 C� n z W 2E (f] W Z 0) cu a r N M U) (D t' CO A em T�. 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N W% V-- LL JOI 4 (D C) C) C) C) C) C) (D (D (D C) C) C) CD CD CD CD CD CD C) CD CD CD CD CD (D CD CD Mn CD W% W% 0 0 C) QD LO %Ct W-% (Y) Mr.. N W% V-- CITY OF ALAM E CAA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: November 17, 2009 Re: Accept the Quarterly Sales Tax Report for the Period Ending June 30, 2009 BACKGROUND This report summarizes the sales tax transactions for the period March 1 through June 30 2009, which is the basis for sales tax revenues received by the City between July 1, and September 30, 2009. For purposes of this report, sales tax revenues exclude Proposition 172 funds, the allocation from the statewide pool for public safety services. DISCUSSION Sales tax continues to be the fourth largest source of General Fund revenue for the City of Alameda, representing 7.5% of total projected revenues for FY09 -10. Proposition 172 revenue, projected as $0.54 million, when combined with local sales, increases the percentage of total sales to 8.3% of all General Fund revenues. Taxable sales transactions in the City of Alameda for the period ending June 30, .2009, decreased 21.55 or $375,271,. from the same quarter in the prior. fiscal ear. The top p 25 businesses represent 50 or $683,217, of the quaver's sales transactions. The top 100 businesses represent 75.6 or $1,035,579, of the quarter's sales transactions. A historical comparison of per capita sales tax in Alameda to state and count y totals is illustrated in Exhibit 1. Additional exhibits have been included in this report that summarize benchmark year comparisons for the current and previous eight quavers (Exhibit 2 a historical sales tax per capita comparison for the past 10 years (Exhibit 3); a sales tax capture analysis for Alameda for the third calendar quarter (Exhibit 4); comparison of sales by municipality within Alameda County (Exhibit 5); a comparison of third quarter sales within northern California (Exhibit 5 and a quarterly comparison of sales by benchmark year for Park and Webster Streets North of Lincoln and Park and Webster Streets South of Lincoln (Exhibits 7 -10) Following is a comparison of the key economic categories with subcategory detail. City council Agenda Item ##4 -D Honorable Mayor and Members of the City Council November 17, 2009 Page 2of3 Transportation declined 66.8 or $183,427, as a result of the fluctuating gasoline prices and the continuing effects of the closure of new car businesses in Alameda. Used car sales in Alameda actually had an increase from the second quarter of 2009. General Retail decreased by 21.5 or $266,394, primarily as a result of a department store closure. A comparison of the geographic generation of sales tax for the second quarter of calendar year 2009, as compared to the same period in 2008, shows an overall loss of 22 or $376,271, largely due to decreased sales in the Park Street forth and South of Lincoln, Webster North and South of Lincoln, Marina Village Business Park, and Bridgeside Center areas. Small increases were noted in the Harbor Bay Business Park and Alameda Point areas. Total Sales Transactions 2nd Quarter 2009 2nd Quarter 2008 Percent Change Economic Category g Total Percent Total Total Percent Change of of Total of Total -55.8% Transportation $183,427 13.4% $415,220 23.8% -8.8% Food Products $362 26.4% $397,118 22.7% 21.5% General Retail $266,394 19.4% $339,564 19.4% -3.6% Business -to- Business $481,921 35.2% $499,902 28.6% 19.0% Construction $64 3 737 4.7% $79,929 4.6% -22.8% Miscellaneous $11,217 0.8% $14,533 0.8% 21.51© Total Quarter $1,369,995 100.0% $1,746 66 100.0% Transportation declined 66.8 or $183,427, as a result of the fluctuating gasoline prices and the continuing effects of the closure of new car businesses in Alameda. Used car sales in Alameda actually had an increase from the second quarter of 2009. General Retail decreased by 21.5 or $266,394, primarily as a result of a department store closure. A comparison of the geographic generation of sales tax for the second quarter of calendar year 2009, as compared to the same period in 2008, shows an overall loss of 22 or $376,271, largely due to decreased sales in the Park Street forth and South of Lincoln, Webster North and South of Lincoln, Marina Village Business Park, and Bridgeside Center areas. Small increases were noted in the Harbor Bay Business Park and Alameda Point areas. Total Sales Transactions 2nd Quarter 2009 2nd Quarter 2008 Percent Geographic Areas Total Percent Percent Taal Change of Total of Total 63.4% Park North of Lincoln $118,690 8.7% $324,390 18.6% -24.0% Park South of Lincoln $142,609 10.4% $187,553 10.7% 24.8% Webster North of Lincoln $84 6.2% $112 6.5% -24.9% Webster South of Lincoln $26,992 2.0% $35,918 2.1% 24.2% Bridgeside Center $43 3.2% $58,036 3.3% -1.9% Alameda Towne Centre $252,997 18.5% $258,001 14.8% -5.1% Marina Village Shopping Center $39,245 2.9% $41,367 2.4% -7.6% Harbor Bay Landing $47 3.4% $51,053 2.9% -40.2% Farina Village Business Park $$7,942 6.4% $147,171 8.4% 3.8% Harbor Bay Business Park $301,544 22.0% $290,511 16.6% 9.5% Alameda Point $38,276 2.8% $34,958 2.0% -9.2% All Other Areas $185,707 13.6% $204,525 11.7% -21.5% Total Quarter $1,369,995 100.0% $1 100.0% Honorable Mayor and Members of the City Council FINANCIAL IMPACT November 17, 2009 Page 3 of 3 As of September 30, 2009, fiscal year Sales tax revenues were $987,121, or 19 of the $5.1 million projected for FY09 -10. In comparison, in the prior fiscal year, sales tax revenues were $1,034,853, or 20% of the $5.1 million projection. Therefore, there is little variation in percentage of sales tax receipts when comparing year to year. RECOMMENDATION Accept the Quarterly Sales Tax Report for the period ending .dune 30, 2009. Respectfully submitted, Glen Interim Finance Director 1 Exhibits: 1 Historical Cross Sales Tax Per Capita Comparison 2 Historical Amounts by Benchmark Year 3 Historical Sales Tax Per Capita by Calendar Year 4 Alameda 2nd quarter 2009 Sales Tax capture Gap Analysis 5 Sales Tax Net cash Receipts Analysis in Alameda County 0 Northern California: Quarterly comparison 2009Q2 to 2008Q2 7 Historical Amounts by Benchmark Year Webster St. North of Lincoln 8 Historical Amounts by Benchmark Year Webster St. South of Lincoln 9 Historical Amounts by Benchmark Year Park St. North of Lincoln 10 Historical Amounts by Benchmark Year Park St. South of Lincoln ALAMEDA Historical Safes Tax Per Capita C omparison (Gross 1 p� $160 $140 $120 $100 98.1 $80 $60 $40 $20 78,71 78.33 76.75 72,16 71.79 72.47 74.21 80.71 83.10 City Council Exhibit 1 to A genda Item #4D $0,...,,.� mR 200OQ2 2001 Q2 2002Q2 2003Q2 2004Q2 2005Q2 200602 200702 2008Q2 2009Q2 Benchmark Year Ending Quarter ALAMEDA y. ALAMEDA CO TOTAL CALIFORNIA STATEWIDE 1 200OQ2 2001 Q2 2002Q2 20 0302 200402 2O 2006Q2 2007Q2 2 009 fALAMEDA 98.12 78.71 72.16 71,79 72.47 76 -75 78.33 74.21; 80.71 83.10 AMEDA CO TOTAL 139.52 143.67 1 1 1 135.63 139004 149,10 150.09 147.60 123.34 LIFORNIA STATEWIDE 1 111.27 11631 112. 1 E 11 63 120.26 125.73 135.95 136124 133.00 114.19 SOURCE: MUNISERVICES, LLC City Council Exhibit 1 to A genda Item #4D U J J N L) U) a a J a LL 0 J J U Po (D U) G Cpl a C7 C) i W C) Q Z LLI M W 0 Q L.0 Q Q 0� D C] 0 1..L W Q Z Lit m 0) z i 0) co r1 cu co co co o C�3 C] U L7 a C7 U C] v a 0 m N 4 9 a INN C", f jjj �I r ro a ro H VM +a J J e o a c o o m o o f LLo o F o P 0 r �j o •i r 0 y r'' i r i r I� 1 I_ I si •i 0) z Itm 0) co m cu co co co o C�3 C] U L7 a C7 U C] v a 0 G° N 4 9 a INN C", po_ ro a ro H J J e o a c o o m o o f LLo o F o P 0 C ca X13 J CD cr- [n C .J C Z 43 CU CU 0 0 LL V J W CO V W ti c U) co cc 1D fn L ti-• CU V C CD E v v cn L am p :3 2 m v� W CO Q 3 w W v a) 0 M o N Q c a v cn cn r� 0 v CL U- cn to �!3 N vccncccu C L C/5 •r_ 0 CD LL N 3 '6- Z W 0 •c L7 U) CO a „U 0-2 O v E 0 CU cr c p C D 0 0 CD _2CU 0 CU EM [L C c 0 CL (1) Q c= Cl) m C!1 +-9 v c 0 m 0 p ds 0 0 L- CL 0 o coc� c E m o C�3 0 c a U 0 0 v �;a, 0 *j 0 N N co J J v N v M a MUNICIPALITIES IN ALAMEDA COUNTY SALES TAX PER CAPITA COMPARISON FOR BENCHMARK YEAR ENDING 2ND QUARTER 2009 F-, 0.62 naA n01) 1 ^0% nP) w 100% 80% 60% 40 20% 0% Gp' GOB PA P uuN GENERAL RETAIL FOOD PRODUCTS III, TRANSPORTATION CONSTRUCTION BUSINESS TO BUSINESS 11/411 MISCELLANEOUS SOURCE: MUNISERVICES, LLC 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% 1999 2000 2001 $90.25 $87.97 $77.68 IC GENERAL RETAIL CONSTRUCTION SOURCE: MuniServices, LLC 2002 2003 2004 2005 $68.72 $70.47 $70.72 $72.47 ullllulllllll FOOD PRODUCTS BUSINESS TO BUSINESS 2006 2007 2008 200902 $72.58 $74.28 $84.08 $77.61 TRANSPORTATION W MISCELLANEOUS 2009Q2 Represents Benchmark Year Ended 2nd Quarter 2009 City Council Exhibit 3 to Agenda Item #4 -D 11-1 7wO9 ALAM EDA HISTORICAL SALES TAX PER CAPITA BY CALENDAR YEAR co a) :O C C) Z t 0 C. w U) r s� rrrrrr a M m 0 06 L CL x I-- U) 4) tl3 v N L L N r 0 E m El U Cl. 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Service Stations A Auto Sales -Used SANTA CRUD COUNTY µw ry i It Ca rvrvm- �rn�nn� Y 5% -30 46.1 '1,103 49 8 88 7, 629 Liquor Stores v Misc u A •AW N u v M ue V FRES COUNT Auto Sales Ne mm 21,8% 1 /a 7 °/a 3,342 867 2 76 »ry s w Service Stations Cl ovi s a a 1 I® 556 »yn� 3.1 /a 2 /a 1 1 14,118, «RRrrrR I FumiturelAp fiance Restaurant ,rrrrrr,:r ,>r,>r,>r,. 9 qp Servrce Stations Auto Sa N ew Fresno o °rrrr rrrrrr. a 370 -1 /a Food Pracess,n E Kerman 5 /0 «rrr 1 716 I❑ nn 24 »3 /arrrrrrrrrrrrrrrrrrrrrrrrrrrrr 8.510 263,001 «rrrrrr.rd Che l P roducts Furnrt -7.0% Ia -7 1- 9 1 2 I0 242 981 189 618 ®rvry °l Food Processi E B ld g. urelAppliance Service Stations Auto Sales -New 9 7 5° g g.Matls Whsle Service Statio g t Indust y «rrrrrr, M.. .,,�rrrrrrrrrrrrrrrrrrrr rrrrr Kln sour w °/a 9 P e 5tat� LE ht R epole -10. /a 1 1 0 2 m, -36 49.2% 33.7% 393 240 325 830 Elec tronic Equipment Food Processi Eqp Servic Stati Fo od Marke o a a �m �2 457% rr ���rrrrrrrrrrrrr�� rR..rrrrrrrrrrrrrrrrr «rrrrrr «rrrrr r Sanger rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr °Ia 429 349 58 l3�artment Stores ❑ru Stores Service Stati Heavy Ind /a`,1 Q o 4 .17. ola 974 5 r.,r� R�rrrrr »rnn a ry 891 8 701 771 «rrrrrr,-. ed Leasing Auto Sales -New Bld .Mat[s- Vllhsle ..rrrrrrrrrrrrrrrrrrrr,rr,r r °Auto Sales tJs „nryry„ «rrrrr g ,,,rrrrr KERN COUNTY Bakersf 7, .7% -21.3% 1 -14.5% 13 961,163 1 ;,086 I Food Processin «rrrrrr, r...rrrrrrrr �ur 9 Eqp LJqu,. Delany 74 R��,�rrrrrrrrrrrrrrrrrr, .�rr.rrrrrrrrrrrrr 9 Auto S ervice Stations a -,��r ».ru a .5 ,rrrr. 535 ,597 FlonstlNursery «rrrrrr Heavy Indust stry „m Ch e mic al Products En ergy crest °/a /a -1 -1 719,624 596 d Safes Rid m,r nry,,, I° 1 la 911 535 793 «rrrrr.. s Recreation Pr oducts Drug Stares Auto Sales New Service «rrrrrr,,.® e 5tatians a -8.8 a a Shafter 190 Q Ia a /o 1 Io /0 1,363,455 1 403 158 2. et rrrrr, n «mrr,r «rrrrrr r �m� 896 9 a »rnnnn» ails Re #ai! Bldg Matls Whsle Ene rg Sales ICINGS COUNTY «rrrrrrr a iscellaneous Retail BI M 3 «rr Hanfvrd Q.7 !a .2 °I❑ 26.0 °Ia 33,11% 20.3 ..1°/0 1,787,886 :...rirv, :,��.,w�.,»rrr. »r «RU 8 1 559.458 12.8 F ry h• ice Stations m- 3... urse MADERA COUNTY arnica! Products A rrrrrr, rrrrrr o ales New Ser vice M adera 1 I° °la Ia 1, 464,040 rrrrrrrrrrrrrrrrrrrr nn a a �m ^Wrv�ml s Food processing M„ rnr a /0 �«rwrrrrrrrr�r1° i® 1 086 064 I° Electronic E Restaurants Service Station,- ,�tarrrrrrrrr,,rny MERCED COUNTY Q 3 /a 1 1° mm Atwater 71 n 417,720 4 44 188 6,3% Department Stores «rrrrrr A Store E ner g y Sa le s S erv ice S tations 1 °/a 24 9 °/a °/a AO /0 «rrrrrrr r r �r ..r. «rrrrrr- 4 pp SAN JOA UIN COUNTY ar e ore Ene sales 5ervic �,.r -r r. rrrrrrrrrrrrrrrrrrrrrrrrrrrrrr -r r ,rrrrrrrrr rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr rrrrrr... rvrvrv�• rrrrrrr r.,� >r •,rrd r- «rrrrr a a a u���,rrr r a 2 0 i Auto Sa les Escalon 12 �/0 1 ?.910 4U.210 �i 1% 6,7`Io 19�..91a 178 132 51 0 26.0� Business Ser vices Miscellaneous O les N Service Stations rrr» ,r..- «rrrrrr �rJJ r, p g «rrrrrr ,�rrrrrrrrr Lig �op 100 Q S I a 1i��91a 43.O1a�� 12 2% a a a a o a a 1 2.1 15 8% 2 3 4% 2 079 4 21 mr 1 627 272 1.7 Lig I oCes Busi ness ss SeN ices Auto es tl NeW Service Stat ions Lodi rrrrrrrrrrrrrr Manteca 443% rv,_• p n,. ions Ma .9% 7.9 /0 29 0% 1 32 6 1 677 493 3.2% Department Store,s�Recreation Pro 1 Q 0 -35.7 a �R�R�R�R�........ ,•rr� ,,,>,>r, crea Prod ucts Servi a a o Station Auto Sales New p 9% 27% 52.41° 1 4 /o -49,410 12 31 716 ;34 375 413,66$ 42.3% Bld Matls -Whsle Re Stations /NuLse rrrrr ��S an,]oa uin Count 46 .01® 2.173'0 /o �d31° !7 ,rrrr ����.rrrrrrrrr. l= 3o rrstlNurse ry Joaquin y 3 „86 8,148 2,7935 .27.8% Food Proc essin E FloristlNursery Bldg Mats -Whsle Service Sta tions g Stockton -9 -11 -21 .7% RrRrRrRr 8 g3 396 7 16 973 °I® Electronic Equi Rgr, l rrrrrrr Recreation Products Heavy industry Energy Sales m »nnnrr, ......r- a a a a s ,750,158 2 21.4 Restaurants Food Pro cess�n Egp Service Station ,1 60 X 828 »,rvrvrv��wµ s Auto Sales New racy -10 Ia Ia .1 /a 1° 2 �rrrrrrrr ,�rr» a »,mw» rrrrrrrr r r «rrrrrr STANISLAUS COUNTY --Ceres :,�mm 8% �-22 r 6% 13r4 /a 2�...... «,.,.,.r �m rrrrrrrr.� �,��•rrrrrrrr���. �.r �����������rrrrrrr, °Io -43.3% -48.7% 1,234,098 0 Vehicle Sales Service Stations r E nerg y Sales .,����mm a °,,,,,rrrrrrrrrrrr rvrv, 9994 19 M isc. V Sery rrrrr rrrrrrr Equipment «rrrrrrr Mod -8.5% 5.4Ia 34,1 /0 1 Q.6/a 19.016 11 61° 6,280 571 ,421, 48 rvry 13 7 k Electronic E ur ment Leas Service Stations En «rrrrrr «r Energy S gy ....rrr a -5.0 o 6, o rr 0 18 559,231 -2 3 qA ,e�r ��,ar.. «rrrrrr n �o� s ales 4. 7 1 /0 -8.8 /a 24.3°/x, 24 2 I „r 7 0� 8 23 S !a Fond Pro E Business Services Service S rrrrrrr,�,,,,,,,, «rrrrr a a e 16. R�verl7ank 2,0 /a -4:. 54 14 -$.5°/ Furn�tur Nance Apparel Stores Service Stations ld .Ma& Retail Turlock o a g /a 2 554. B mrrrrrrrrrr 3 2 a 503,2 .8 7 /a 16 8 /a 1 /ar «rrrr 009 r«rrr 2, 170,310 H eavy Industry Apparel Stores Service Stations Auto �Rrrr,.�. a o a a «rrrrr« .,r Sales -New MuniServices, LLC City Council Exhibit 6 to Agenda Item #4-D I 'I =I 7w09 MuniServices, LLC City Council Exhibit 6 to Agenda Item #4-D I 'I =I 7w09 NORTHERN CALIFORNIAN QUARTERLY COMPARISON 2 009Q2 TO 2008Q2 TU LARE COUNTY D .IB ,,,.,,r »�...mm r 542 170 4 rv,w,. .w r,,,,,,. rv,�.rrrrrrrrrrrrrrrr�,,,, r r ».m. ��w,wr P -7.2% �r 0 3 I° 1 »»nrr» 1 246,979 1 1,099,098 Department Stores L .rrrrrr,. r r 9 Tulare 7 4 4.9 t to 7r. 10 0 0 1 1U, 8 1 1 -mm service Stations B »mm o o 1 Ia 1 r rr r^ '1,9'i5 Chemical Pr e »ter, .«w<r, Auto Sales New TUOL r,>r .r..r.ww... Sonora 11.5°/0 2.2°/0 24.2 /a 19.5 °Io 4i3.6 °/a 3 3.5 °/0 »r» 849,4f�,.,,,,,,, ..�rnri »m.m>v <,r; rv...r, m m.,���� -,,r E LAKE COUNTY Lake -1.5% 5 5 5% 3fl5 =502 2 254,233 f ff Service Stations A Auto Sales Used MENDOCINO COUNTY �»rrrrrrrr��r »�rrrrrrrrrrrrrrrr rrrrrr. ».ri.ri.ri»�.rv��.. r r »`.2 rr r .1 -5 4 3% 2 7.2% 4 402,666 3 316 876 h G ovemment E En Sa les S Service Stati rnr »�4, rrrrrrrrr h Electronic Equipment S Servic St a tio ns -M Wl NORTHERN CALIFORNIA,: QUARTERLY COMPARISON 2009Q2 TO 2008Q2 Pinole -19.7% -3,9% -27,36/6 -27.0% -21% 371% 716,476 6 12, nil -14.6% Dru "Li Furniture/Appliance Department Stores Service Stations ur -4.0% -0.9% -44.3% �-26.5% 61.6% ht Industr Chemical Products Auto Sales New Service Stations Pleasant Hill -1 '1 -3,60/6 -354% -14.80/6 -47�9% 44% 1,660� 686 1,344,934 -19.13% Mce Equipmen t '8"65%" Apparel Stores Service Stations Energy Sales ...-Richmond -7,8% -6.3%,'."_-29,3% -1Z6% -25.6% -8.4% 2,989,867 2,435,426 Bld M all s-Whsle Chemical Products Ener Sales _i_e_ e Stations San Pablo -4.3% -3.7% -29.6% -14.5% .2% 11.0% 405,933 353,023 mm� -13.0% Li Stores Li q u or Auto Sales Used Service Stations Food Markets San Ramon -14.2% 1% -13. 29.2% -22.8% -307% 27% 2049 ,372 6 61" 135 .21 A% tL e� ayy tr Auto ��e air Service Stations Ener Sales W�I�UC6 -13.1% -8.7% -24.3% -23.7% „fi -9.7% -16,9% 4,241,723 3,550,988 Electronic E Hea, Industr Aut o Sales New Service Stations MARIN COUNTY err Fa_irfaK -33.6% -8.1% 33.0% 36,3% 107,854 98,212 -8.9% Dru Stores Food Markets Service St�'i i o n s Business Services �ari�ur_ -15.1% -15-3% -45.1% -16.1% -163% 2.7% 493,601 392,283 -20.5% Electronic E "I q "I uipment Liquor Store 11 s Service Stations Office E Mill Valle -13,0% -1.5% -43,5% -21 B% -39.1% -3.6% 595,096 449,025 -24.5% Food Markets Hea"?lt 1 Government Service Stations Auto S ales New Novato 2.1% -24% -21,2% -27.6% A 9 B% -17.8% 1,713,745 1,562,527 -8.8% Department Stores Food Markets Stall Serv ice Stations Auto Sales New San Anselmo -23,9% -1.5% -28.5% -W.3% -57.0% -27.0%_____� 8 204,430 -26.5% Li Stores Off ce Equ ment IR Miscellaneous Retail Service Stations Sausalito -283% -148% -31.1% -32.8% -37,7% -10.5% 401,946 306,797 Recreation Products Restaurants 1 Business Services NAPA COUNTY a -5.7% -31.5% -13.6% ­64% -31_9% 2,900,750 2,448,417 -153% Office E Leasin Service Stations Aut a 3 a le s Ne w' ii'p'e"'iena 2 1 -31.8% -32A% -61.6% -42.2% 679,201 514,556 -24.2% Office Equip m e 'n' i ndust ry Bldg -Malls-Retail Bldg. Matls-Whsle Yountville -0.4% 8,6% -44.4% -63�0% 100.0+% -14.3% 157,821 167,924 S. Restaurants Furniture/Appliance "7 Misce "Ilaneous Retail Store� SAN FRANCISCO COUNTY San Francisco -222% -9.9% -28.9% -28.0% -28.2% _�.,'_A- -17.7% 33,560,223 26,689,125 -20.5% Electronic Equipment Food Markets Restaurants Miscellaneous Retail MATED COUNTY B �1� 0 -4.6% 7 6 -31.6% 40.7% -9.4% 700,952 _�07 01 -27.6% Electronic Equipment D artment Stores �p OffiGe Equipment I- Auto Sales New ns 40.2% 0.5% -35.3% -27.6% -13.1% 3.4% 1,086,676 893,605 estants .17.8% R ura Ele c Equipment Office E I Cit. -18,4% -3,4% -33�0% -16. &0% 16.5% 2,288 746 1,859,185 -18.8% Leasin Auto Sales New Service Stations East Palo Alto 11 �3% -1 1.8Fo �6' 7�0/o -25.5% ­30.3% -331% 579,334 551,009 -4.9% D rtT nt Stores p Re Products /A p M Bl d g Mails- Retail F aster q i 8�0/ -39.3% -18.3% 48�8% -26.9% 1.160,511 637,727 46.0% Department Stores Leasin 'Furniture Li ln�u g t�_ Office E a if Moo n Ba -212% -5.7% -24 6­3% 497,892 409,584 -17.7% Food Markets Auto S ales Used Service Stations Miscellaneous Retail enlo Par Mk -40.7% 1,8% -29.5% -362% -25.2% -49-3% 1,758,175 1, 333,7V -21.1 �%Li Restaurants Electronic Equjpme� cellaneous Reta Redwood Ci -24.8% -7,6% -36-3% -36,0% 45% -2.4% 4,433,296 3,415,456 -23.0% Health Government Food Markets Auto Sales New Bld Matis-Whsle S'� -6.7% ­b -37.3% -242% -20,8% -15.5% 1,501.217 1,282,605 -14.6% Furniture/Appliance Office E Service Stations Auto Sales -New San Mateo :W"i_%" 'Alo -26.2% -12.1% 3,715,906 3,064,909 -17.5% Indust Food Processjn rvice,,�, 29 Miscellaneo Pii'�"�iscc -13.4% -31% -47.3% -X0% -16-50/a -28 0% 2,922,381 2,279,900 -22.0% Chemical Products Auto Sales �6secl __�je Auto Sales New El We SANTA C L ARA COUNT Campbell -141% -10 -23.7% -26.0% -32.9% -24.1% 2,179,337 1,747,260 -19.8% Chemical Products Li Stores Bld Matls-Retail Service Stations Cupertino -11,7% -9,8% -31.7% 40.6% -29.7% -15.1% 10.500 4,136,112 3,516,377 -15.0% Electronic Health Go vemment atq'L Business Services Equ� RT'2'nL is o 3 -20.6% -2&5% -18.1%_" 6,�16 2,443,048 -17.4% Auto Pa'rWRepair Li New Service Stations Los Altos -27,0% -8-9% -30 �9% -22.9% -41 2% -17.1% 584,219 453,546 -22.4% Electronic Equipment 'X6to Parts/Repafr Service Stations I M 11 i 11 scel I aneous Retail, Eo­sGat 3 7 8'% -33.0% -226% -35.1% -299% 1,957,090 1,765,118 -9.8'0/0 Misr-ellaneous Retail Dru Stores Auto Sales New Service Stations Milpitas -8.60/0 -5,4% -40.3% -33.1% -19.9% 6.2% 3 ,561,788 2,924,313 -17.96,4 Ecuipm e n't H e a v' y I nd U s"'t Electronic E uipment Auto Sales New Monte Sereno -72.3% -100.0% 23.5% -100�0% -643% 41.0% 3,558 2,385 -33.0% Auto Parts/Rep ai? 1� Miscellaneous Retail Apparel Stores M !till -172% -6.4% -40.3% -33.5% -41.4% 8,4% 1,430,080 1,008,070 -29.5% Recreation Products Health Government Service Stations ectronic E Mountain View -3.7% 1.5% -299% -.6.6% -25,4% -1 �6% 3,549,343 3,036:,429 -14.5% Auto Parts/Repair Food Markets Service Stations Electronic Equipment Palo Alto -16,6% -8,9% -1. -10.9% -42.7% 5.0% -7 3% 4,687,783 4,223,744 -9.9% Electronic EqujpmentAut�oSal e'_s"`-` U Auto Sal I'll e s New Slore�_ San Jose -12.4 -9.7% -34.8% -27.3% -34.0% -25.0% 32,966,525 24,898,4:36 -24.5% Li Stores _8Z­ Closed Acct -Ad� Service Stations Office Equipment Santa Cl Ora -117% -127% -28 3% -27.9% -2&8% -26.8% 8�472,942 6,44T -23.9% Apparel Stores Chemical Products Electronic Equipment Auto Sales Now Sang Clara County -25,6% -42.4% -42.0% wV-9% -15 9% 1,108,597 775�962 -30 M a es ­11 Leasing Bldq.Matls-Whsle Service Stations 12% -25,7% 13,11% I'll, 9,3% 60B% 221,267 190,000 -1 Business Services Health Government Miscellaneous Retail Fumfture/Appliance Su -22.0% -17.1% -36A% -28.3% -16,8% -46.3% 6,351 019 2 -24. Dru Stores !nDuo Stores Auto Sales New Service Stations SOLANO COUNTY .1. MuniServices, LLC MuniServices, LLC NORTHERN CALIFORNIA: QUARTERLY COMPARISON 200902 TO 2nAR(32 Q W ry W in 7- Z a U WzZ 0 v a¢� LL' U_ z W p H W V _N C77 N t13 CO V C] CO r Lt 7 IT t-- LO CD N O CD *qT "tD r V a N M M 1` LO MY-- 0 V Cry CV Ca CD C7 G CD r- Ca W L[] M CD LO L(] N N C4 V qtt p j to LO C7 N N r- r• N v CD CO CD C N N N N i` CO r vi r cli Ca Chi r V� C6 N r CO LO N r7 I V- N a 03 t- N V V,MCOCO ❑O❑ ❑n r 00❑G0) d_NCD(n r -D] (JO LJ❑MM ❑vU )C-WI- ce) 03 M 0a w❑ C)toN C3y Ut N -1 V N fl- t` CO id r Y [r] O V r► P. Cr3 C r' to V CO CD CV V- 0) CD 'V N W C I (n LO 'V t- N 0 M r V to Liz VC 03 to a CD CD O O `0 V) Cl CD 00 r CO NT to tT LO T- 00 i O CC 0 00 N r C1 0 to r 07 f- Cry r- CO Q r 0 V. 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The project will modify the existing storm drain structures, as needed, to install the trash racks and conveyor mechanisms, chain slatted fencing for security, and complete related electrical work. DISCUSSION To solicit the maximum number of bids and most competitive price, specifications were provided to 17 separate building exchanges throughout the Bay Area and E -bid Board. A notice of bid was also published in the Alameda Journal. Eleven contractors submitted bids, and the bids were opened on October 28, 2009. After reviewing the documentation of all bids, one bid was determined to be non responsive because a bid bond was not included. The list of bidders, from lowest to highest total project costs, is as follows: Bidder Location Bid Amount Power En ineerin contractors Alameda, CA $499,500 Redwood En ;ineerin g Construction Redwood Cit CA $555,700 Anderson Pacific En ineerin Santa Clara, CA $509,932 Clyde G. Stea gall, Inc. Loomis, CA $529 JMB construction, Inc. San Francisco, CA $831 ,358 Valentine Corporation San Rafael, CA $553,582 Elkins Industrial Com an Oakdale, CA $557,735 Monterey Mechanical Oakland, CA $885,000 Pacific Infrastructure Pleasanton, CA $765 Pacific Mechanical cor ration concord, CA $955,000 City council Agenda Item #4 =E 11 7709 Honorable Mayor and November '17, 2009 Members of the city council Page 2 of 3 As required by the State Water Resources Control Board SWRCB), Public Works staff has certified that the apparent low bidder has made a concerted, good faith effort towards meeting the Disadvantaged Business Enterprise (DBE) goal. In addition, staff contacted several references provided by the low bidder and received positive feedback about the requirements and quality and timeliness of their work. Staff proposes to award a contract to Power Engineering Contractors for a total amount of $549,450, including a 10% contingency. A copy of the contract is on file in the city clerk's office. FINANCIAL IMPACT The $750,000 SWRCB grant is a no interest loan with the principle forgiven. The construction bid amount is $499,500, without contingency. Professional, consulting services, and inspection costs are estimated at $110,550, and the in -house cost is estimated at $90,000. At this time, SWRCB will only approve the bid amount, professional, consulting services, inspection, and in -house staff costs, for a total of $700,500. Staff requests the 10% contingency of $49,950 be funded with Urban Runoff funds to pay for unforeseen conditions and associated extra work on the project. At the end of the project, SWRCB will review all extra work accounts and approve justifiable construction expenses, and staff expects these expenses to be reimbursed. To handle separate tracking of the reimbursable unanticipated expenses, an amount equal to the contingency, $49,950, is to be budgeted under contractual services as a reserve, with funding identified as SWRCB. Staff recommends appropriating the full grant amount in anticipation of SWRCB approving all expenses on the project, including the extra work. Any reimbursed funds will be returned to the Urban Runoff Fund 351. There is no impact to the General Fund MUNICIPAL CODE/POLICY DOCUMENT CROSS REFRENCE This action does not affect the Municipal code. ENVIRONMENTAL REVIEW In accordance with the California Environmental Quality Act (CEQA), the Main Street project is Categorically Exempt under CEQA Guidelines Section 15301(b), New Construction or conversion of Small Structures, class 1, and 15301(c), Existing Utility Facilities /Existing Street. The Webster Street project is categorically Exempt under CEQA Guideline Section 15301(f), Addition of Safety or Health Protection Device in Conjunction with Existing Structures, Facilities or Mechanical Equipment. Honorable Mayor and Members of the city council RECOMMENDATION November 17, 2009 Page 3 of 3 Appropriate $750,000 in SWRCB grant funding and $50,000 in Urban Runoff funds, and award a contract in the amount of $549,450, including contingencies, to Power Engineering contractors, for the installation of mechanical trash racks at stormwater pump stations, No. P.W. 08- 09 -23. Respectful[ ll su bm itted, Matthew T. Naclerio Public Works Director Approved as to funds and account, 1 7 Glend J Interim finance Director ES.gc CITY of ALAMEDA Memorandum To: Honorable Mayor and Members of the City council From: Ann Marie Gallant Interim City Manager Date: November 17, 2009 Re: Authorize the Replacement of the Alameda Fire Department's Command Vehicle through the State of California's Contract Bid Process and the Purchase of Ancillary Equipment, Total Cost Not to Exceed $100,000 BACKGROUND The Public Works Department is responsible for the Managed Vehicle and Equipment (fleet) Replacement Program. On May 2, 2005, the City Council adopted Resolution 13951 establishing guiding principles for the management of the city's fleet vehicles and equipment. The replacement program is based on the City's fleet replacement criteria, which consider the useful life of vehicles and equipment in terms of age, mileage (hours), and usage. Vehicles and equipment scheduled for replacement are also reviewed and analyzed for safety history and operating performance to determine if it is appropriate to replace a vehicle or piece of equipment at a later date. In addition, vehicles and equipment are viewed to determine if the minimum use guidelines have been met. The current command vehicle is a 1995 Chevrolet Suburban, has over 108,500 miles, and was due for replacement in 2003. Service and repair costs since January 2000 have exceeded $10,500. Service, wear, and reliability of the vehicle are outside acceptable limits for an emergency response vehicle. The City of Alameda, as a governmental entity empowered to expend public funds, is eligible to utilize State of California contracts through Public contract code Section 10298 (b). DISCUSSION The Fire Department has studied specifications of the Toyota Highlander Hybrid, Ford Escape Hybrid, Ford Expedition, Chevrolet Suburban, and Chevrolet Tahoe Hybrid. Based on side by side comparisons, it was determined that neither the Ford Escape nor the Toyota Highlander are suitable for service as a fire command vehicle based on vehicle size and limitations. Based on a substantial cost savings and serviceability, it is City Council Agenda item #4mF Honorable Mayor and November 17, 2009 Members of the city Council Page 2 of 3 determined the Ford Expedition best meets the critical needs of the Fire Department. The City's fleet mechanics will not require special training to service this vehicle. The Fire Department has one command vehicle in its fleet used by the on -shift Commander. The command vehicle functions as a field command post and is required to carry an extensive array of equipment necessary to manage an emergency incident within Alameda. This includes multiple radios and communication equipment necessary to communicate with State and local agencies, a mobile data computer, personal protective equipment, standard emergency traffic warning devices, a Thermal Imaging Camera, and a mobile command work station. The vehicle must be capable of supporting continuous heavy electric loads and accommodate multiple batteries. It must be suitable for safe operation as an emergency response vehicle with severe service equipment such as heavy duty brakes, suspension, transmission cooler, and tow package. The vehicle must be capable of remaining in service for 16 years as both a front -line and reserve vehicle. The Ford Expedition best meets the space, weight, service, and budget requirements. GREEN FLEET POLICY Great consideration was given to meeting the city's Green Initiative. Given the critical duties of the command Vehicle, it was determined that there are no hybrid or electric vehicles currently on the market that can adequately meet the demands required of a Command Vehicle or meet current budget requirements. However, the vehicle specifications shall include a two -wheel drive feature, a flex -fuel capability, and a roof mounted solar panel capable of maintaining a full charge of the vehicle's accessory batteries. FINANCIAL IMPACT The total cost for the 2010 Ford Expedition through the State of California Commodity Contract is $27,354. The cost of ancillary equipment for the vehicle is approximately $69,520. Total funds for this purchase, not to exceed $'100,000, will come from the Equipment Replacement Fund 701. RECOMMENDATION Authorize the replacement of the Alameda Fire Department's command vehicle through the State of California's contract bid process and the purchase of ancillary equipment, total cost not to exceed $100,000. Honorable Mayor and Members of the City Council Respectfully submitted, David A. Kapler Fire Chief Approved as to funds and account, Glenda ay I nterim an irector November 17, 2009 Page 3 of 3 Dotal CITY of ALAMEDA Memorandum To," Honorable Mayor and Members of the City Council From: Teresa L. Highsmith City Attorney Date: November 17, 2099 Re: Amend Resolution No. 9400 to Reflect Current Positions and Entities to be Included In the City of Alameda's Conflict of Interest Code and Rescind Resolution No. 14219 BACKGROUND The City of Alameda is required to adopt a Conflict of Interest Code and to make amendments when new positions are added or duties changed. The last amendments to the Conflict of Interest Code were adopted June 18, 2008. DISCUSSION The Political Reform Act requires that every city adopt a Conflict of Interest Code and amend it whenever new positions are designated or duties changed. Employees are to be included when they may participate in the making of decisions that may have a foreseeable material effect on any financial interest. Members of boards, commissions and committees are to be included when they have decision- making authority. Each employee position has been reviewed to determine which employees are involved in the making of decisions potentially having a material effect on any financial interest. Each employee who either has been added to the Conflict of Interest Code or has had a change in the reporting requirements was given a copy of the proposed Conflict of Interest Code. Each employee was requested to advise of any recommendations or objections. There have been no objections made by any employees to the changes. The Fair Political Practices Commissions (FPPC) implements and interprets the Conflict of Interest provisions of the Political Reform Act. FPPC regulation C.C.R. Section 18701 provides guidance in determining whether a board or commission is solely advisory or has decision- making authority. It states: City Council Report Re: Agenda item #G 11- 17 -09 Honorable Mayor and Members of the City council November 17, 2009 Page 2 of 2 (1) "Member" shall include, but not be limited to, salaried or unsalaried members of committees, boards or commissions with decision making authority. (A) A committee, board or commission possesses decision making authority whenever: (i) It may make a final governmental decision; (ii) It may compel a governmental decision; or it may prevent a governmental decision either by reason of an exclusive power to initiate the decision or by reason of a veto which may not be overridden; or (iii) It makes substantive recommendations which are, and over an extended period of time have been, regularly approved without a significant amendment or modification by another public official or governmental agency. Each committee, board, and commission has been reviewed. This review included the existing committees, boards, and commissions and those created since adoption of Resolution No. 12073 on February 20, 1991. The staff liaison to each of the committees, boards and commissions reviewed the recommendations of that entity to the city council. The record of each entity was reviewed to determine whether the City council regularly approved their substantive recommendations without significant amendment or modification. The review showed that all of the current disclosure categories for all existing committees, boards and commissions are correct. FINANCIAL IMPACT There is no financial Impact to the General Fund from the adoption of this resolution. RECOMMENDATION Adopt the resolution amending the city's conflict of Interest code. Respectfully submitted, Teresa L. Highsmi h City Attorney THlcros CITY OF ALAMEDA RESOLUTION NO. AMENDING RESOLUTION NO. 9460 TO REFLECT CURRENT POSITIONS AND ENTITIES TO BE INCLUDED IN THE CITY OF ALAMEDA'S CONFLICT OF INTEREST CODE AND RESCINDING RESOLUTION NO.. 14219 F k x M BE IT RESOLVED by the Council of the City of Alameda that city of Alameda Resolution No. 14219 is hereby rescinded, and BE IT FURTHER RESOLVED by the council of the city of Alameda that Paragraph 2 of the conflict of Interest code set forth in Resolution No. 9460 be amended thereof to read: 2. The terms of Title 2, Division 6, California code of Regulations, Section 18730 (Provisions of Conflict of Interest codes) and any amendments to it duly adopted by the Fair Political Practices Commission along with the attached Appendices in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the conflict of Interest Code for the following departments and agencies: Alameda Municipal Power Building Services Division City Attorney's Office City clerk's Office City council City Manager's office Civil Service Board Claims Board Commission on Disability Issues Community Development Department Economic Development Department Economic Development Commission Film commission Finance Department Fire Department Golf commission Golf Complex Historical Advisory Board Housing and Building code Hearing and Appeals Board Housing Authority Housing commission Human Resources Department Library Board Library Department Pension Board Planning Board Police Department Public Art commission Public Utilities Board Public Works Department Recreation and Park commission Recreation and Park Department Social Service Human Relations Board Resolution #4 -G cc Transportation commission 11 -17 -09 DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES DESIGNATED POSITIONS DISCLOSURE CATEGORY Alameda Municipal Power Buyer A through F Senior Energy Resource Analyst A through F AGM Engineering operations A through F AGM Administration Athrough F AGM Customer Resources A through F AGM Energy Resource Planning A through F General Manager Alameda Municipal Power A through F Engineering Supervisor A through F Financial Analyst A through F Financial Services Supervisor A through F Support Services Supervisor A through F City Attorney's Office ice City Attorney* Assistant City Attorney, 1111 A through F Deputy City Attorney, 1/11 A through F Risk Manager A through F Administrative Management Analyst A through F City Clerk's Office City Clerk Athrough F Assistant City Clerk A through F Administrative Services Coordinator A through F City Council Members* City Manager's Office City Manager* Deputy City Manager A through F Information Technology Manager A through F Civil Service Board Board Members A through F *Reporting requirements covered by other law. Appendix A Page 1 Claims Board Board Members A through F Commission on Disability Issues Board Members A through F Community Develo ment Department Planning Services Manager A through F Building Official Athrough F Supervising Building inspector A through F Code compliance Officer A through F Permit Technician, llll A through F Plan check Engineer A through F Planner, 1111 A through F Combination Building Inspector A through F Senior combination Building Inspector A through F Economic De,veloment_De artment Development Services Division Manager A through F Economic Development Director A through F Community Development Program Manager A through F Redevelopment Manager A through F Development Manager A through F Program Specialist II A through F Administrative Services coordinator A through F Marketing Specialist A through F Economic Develo ment commission Commission Members A through F Film commission Commission Members Finance Department Auditor Treasurer* Finance Director Supervising Accountant Purchasing and Payables Coordinator A through F A through F A through F Athrough F A through F *Reporting requirements covered by other lair. Appendix A Page 2 Fire Department Fire chief A through F Deputy Fire Chief A through F Division chief A through F Training Director A through F E.M.S. Education coordinator A through F Fire code compliance officer A through F Administrative Management Analyst A through F Fire captain, Training A through F Fire Captain, Support Services A through F Golf commission Commission Members None Historical Adviso Board Board Members A through F Housing Authorit Board Members A through F Housing Executive Director A through F Finance Manager A through F Housing Assistance Manager A through F Housing Authority Manager A through F Public Works Supervisor A through F Housing and Building Code Hearin and Appeals Board Board Members A through F Housina commission Commission Members A through F Human Resources De artment Human Resources Director A through F Senior Management Analyst A through F Administrative Management Analyst A through F Library Board Board Members A through F *Reporting requirements covered by other law. Appendix A -Page 3 Library Department Library Director A through F Supervising Librarian A through F Library Technician (order Clerk) A through F Administrative Services coordinator A through F Pension Board Board Members A through F Planning Board Board Members A through F Police Department Chief of Police A through F Police captain A through F Police Lieutenant A through F Administrative Management Analyst A through F Supervising Animal control officer A through F Public Art Commissio Commission Members A through F Public Utilities Board Board Members A through F Ptlhfic Wnrk.q Public Works Director Athrough F City Engineer A through F Public Works Coordinator A through F Public Works Superintendent A through F Public Works Supervisor A through F Senior Civil Engineer A through F Supervising Civil Engineer A through F Associate Civil Engineer A through F Transportation Engineer A through F Survey construction Inspector Supervisor A through F Senior Construction Inspector A through F Construction Inspector A through F Administrative Management Analyst A through F Administrative Services Coordinator A through F Transportation Coordinator A through F *Reporting requirements covered by other law. Appendix A -Page 4 Recreation and Park Commission Commission Members A through F Recreation and Parks De (artment Recreation and Parks Director A through F Recreation Manager A through F Recreation supervisor A through F Park Manager A through F Social Service Human Relations Board Board Members A through F Transportation Commission Commission Members A through F C,nnstiIt;;nts Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The City Manager may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section, such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. *Reporting requirements covered by other law. Appendix A -Page 5 DISCLOSURE CATEGORIES An investment, interest in real property, or income is reportable if the business entity in which the investment is held, the interest in real property, or the income or source of income may foreseeably be affected materially by any decision made or participated in by the designated employee by virtue of the employee's position. An investment, interest in real property, or source of income or gift does not have a foreseeable material effect on an economic interest of the designated employee unless the business, real property or source of income or gift may foreseeably require legislative action or permits from the City of Alameda or may foreseeably enter into contracts or leases with or make sales of real property or goods or services to or be sold to the City of Alameda, a department thereof or the Housing Authority of the City of Alameda. In general, that which a reasonable person would predict, anticipate, or expect beforehand, can be said to be "foreseeable The term requires the application of reasonable judgment to assess the degree of likelihood that a decision made or participated in will as financial interest. Where the likelihood is sufficiently great that a reasonable person would predict or anticipate an effect on a financial interest, the effect of the decision is foreseeable. Clearly, in the context of designating positions within a Conflict of Interest Code, "foreseeable" means greater probability than "conceivable yet less probability than "certainly CATEGORY A INVESTMENTS All direct or indirect investments of the designated employee valued over $2,000 in a business entity, including any parent, subsidiary or related business, either (1) located in Alameda or (2) doing business in Alameda. CATEGORY B INTERESTS IN REAL PRO PERTY All direct or indirect interests over $2,000 of the designated employee in real property located in Alameda,. CATEGORY C INCOME OTHER THAN GIFTS AND LOANS All direct or indirect income of the designated employee aggregating $500 or more from any one source, during the reporting period. Appendix B Page 1 CATEGORY D LOANS Outstanding loans and loans received by the designated employee from one source, aggregating $500.00 or more during the reporting period. CATEGORY E -GIFTS Gifts to the designated employee from one source, which tots $50 or more during the reporting period., CATEGORY F -TRAVEL PAYMENTS AD VANCES AND REIMBURSEMENTS Travel payments to the designated employee from one source, which total $320 or more during the reporting period. Reportable travel payments include advances and reimbursements for travel and related lodging and subsistence. Appendix B page 2 INCOMPATIBLE ACTIVITIES (A) No officer or employee shall engage in any employment, activity, or enterprise for compensation which is inconsistent, incompatible, in conflict with, or inimical to his/her duties as an officer or employee or with the duties, functions or responsibilities of his/her appointing power or the agency. No officer or employee shall perform any work, service or counsel for compensation outside of his/her employment where any part of his/her efforts will be subject to approval by any other officer, employee, board of commission of his/her employing body, (B) An employee or officer's outside employment, activity or enterprise is prohibited if that: (1) Involves the use for private gain or advantage of his/her departmental time, facilities, equipment and supplies; the badge, uniform, prestige or influence of the departmental office or employment; (2) Involves receipt or acceptance by the officer or employee of any money or other consideration from anyone other than the City for the performance of an act which the officer or employee, if not performing such act, would be required or expected to render in the regular course or hours of his/her employment as a part of his/her duties as a local agency officer or employee; (3) 1 nvo Ives the performance of an act in other than his/her capacity as an officer or employee which act may later be subject directly or indirectly to the control, inspection, review, audit or enforcement of any other officer or employee of the department by which he/she is employed; (4) Involves such time demands as would render performance of his her duties as an officer or employee less efficient. This Appendix C shall apply to all employees, officers and agents within the agencies covered by the Code. (This Appendix does not incorporate by reference the definitions of the Political Reform Act and the regulations adopted pursuant thereto. Interpretations of Government Code Section 1126 are applicable and interpretations of the Political Reform Act may apply.) Appendix C­ Page 1 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 17th day of November, 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 '18 day of November, 2009. Lara Weisiger, City Clerk City of Alameda CITE' OF ALA.MEDA ORDINANCE NO, New series AMENDING ORDINANCE ISO. 2130, NEW SERIES, UPDATING THE CIVIL SERVICE SYSTEM of THE CITY of ALAMEDA BE IT ORDAINED by the council of the city of Alameda that ordinance No. 2130 N.S. regarding the administration of the civil Service System of the city of Alameda is amended to read as follows: Section 1. Purpose. It is the purpose of this ordinance to facilitate competent and efficient administration of the government of the Cit g y of Alameda through provision for making appointments based upon merit and fitness, and provision for such security of tenure as is compatible with efficiency p y p �c�ency and discipl Section 2. civil service Merit Princi les. In accordance with Article XIII of the City charter, this ordinance establishes a civil service Merit System for the City of Alameda. In order to assure effective personnel management applicable to all categories of civil service Employees, governing officials of the City of Alameda will subscribe to the following civil service Merit Principles. Merit Principle Igo. 1: Recruiting, selecting and advancing of employees on the basis of their relative ability, Knowledge, and shills, including open competitive consideration of qualified applicants for initial appointment. Merit Principle No. 2: Retaining employees on the adequacy of their performance, correcting inadequate performance, separating employees whose inadequate performance cannot be corrected. Merit Princi le Flo. 3: Assuring fair treatment of applicants and employees in all aspects of personnel administration without regard to race, religious creed, color, national origin, ancestry, sex, age, disability, medical condition, marital status or sexual orientation and with proper regard for their privacy and other rights as afforded by law. Final Passage of Ordinance #4 -H CC 11-17-09 Merit Principle No. 4: Assuring that employees are protected against coercion for partisan political purposes and are prohibited from using their official authority for the purpose of interfering with or affecting the result of an election or nomination of office. Section 3 Board feet i „ngs. The civil service Board shall hold regular meetings at such time and place as shall be designated by the Board. In addition, the Board may hold special meetings upon call of the Chairman or any. three members of the Board. A notice of all regular meetings will be published at least five days prior to the meeting. A vote of three members is required to take .any action. All motions receiving a tie vote. will be continued on the agenda for the first regular following meeting. The Human Resources Director, city of Alameda, shall serve as the Executive Secretary of the Board. Section 4. Sco e of the civil service Program. The civil service of the city of Alameda shall consist of all positions of employment and offices (hereinafter designated as positions) of or under jurisdictions of the city of Alameda, except: (a) All offices or positions exempted by the Charter of the City of Alameda. (b) The officers and /or members of all boards created by the Charter or by the ordinance. (c) Assistant city Manager, Deputy city Manager and all city Department Heads that report to the city Manager. (d) All uncompensated positions. (e) All part time or temporary positions. f All personnel hired in conjunction with a state or Federally funded program or other specially funded projects. (g) All persons or agencies employed to render professional, scientific or expert service of an occasional or exceptional character usually on a contract basis for a designated period of time. Section 5. Exemption. At the request of the council as to any position under its authority or under the authority of the city Manager, the civil Service Board shall have pager to exempt from the civil Service of the city of Alameda any position therein, such exemption to continue until revoked by the civil service Board. such exemption shall be made only when the position is of a confidential nature, or when it is impossible to determine fitness by competitive examination. Section 6. Imolementation. The Civil service system established by this ordinance shall be implemented under such civil service Rules governin administration as adopted by the civil service Board. The Human Resources Director shall have the responsibility and authority to implement the provisions of the ordinance, the civil Service Rules, and the decisions of the Board. Section 7. civil Service Rules. The civil Service Rules shall establish regulations governing the Civil Service System, including: (a) Preparation, implementation, revision, and maintenance of a position classification plan, including reclassification, class specifications employment standards and qualifications for each class. (b) Public announcement of examinations and acceptance of applications for employment. (c) Preparation and conduct of competitive examinations and .the use of the resulting eligibility lists. (d) Certification and appointment of persons from eligibility list, and the making of temporary and emergency appointments. (e) Evaluation of employee's performance. (f) Transfer, promotion, demotion, reinstatement, separation, and lay -off of employees in the civil Service. (g) The granting of leaves of absence from positions in the civil Service. (h) Methods for appeal regarding disciplinary action of employee's rights defined by the civil service ordinance. Section 8. Discipline and Aopeal. A regular civil service employee may be dismissed, removed, demoted for disciplinary reasons, or suspended without pay only when given advance notice in writing, of the proposed action. The requirement of notification shall be waived whenever such a delay in action could be harmful to the public or to other employees. A regular civil Service employee who has been fined in excess of one month's salary or suspended without pay for more than thirty days may appeal to the civil service Board. The Board will consider the request for a hearing, and will hear the appeal under the provisions set forth in the civil service Rules. Section 0. Board Powers and Actions. In addition to the powers granted herein, the civil service Board shall have the power to require assistance from officers and employees of the city of Alameda, as may be necessary or proper to carry out the duties imposed on the Board. In the conduct of hearings, the Board may: (a) Issue subpoenas requiring attendance of witnesses and production of records, documents or other materials before it. (b) Administer oaths and affirmations. Section 10. Written Notice. Any written notice required to be given to any employee by the provisions of this ordinance, unless herein otherwise specifically provided, may be given either by personal service or by mall. In the case of service by mail, the notice must be deposited with the .United States Post Office, in a sealed envelope, with postage prepaid, addressed to the person on whom it is to be served, at the address in any notice given by hire or at his last known address, and if there is no last known address, then addressed to him at the city of Alameda. service by mail shall be deemed complete at the time of the deposit with the Post Office. Section 11. Iii ht to contract forSpecial services. Nothing in this Ordinance shall be deemed to prevent the City of. Alameda from contracting for any type or category of service, including, but not limited to, special or technical services related to personnel employment and administration. Section 12. Severability. If any clause, sentence, paragraph, or part of this ordinance, or the application thereof to any person or circumstance, shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this Ordinance and the application thereof to other persons or circumstances, but shall .be confined in its operation to the clause, sentence, paragraph, or part thereof, directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved. Section 13. This ordinance may be cited as `THE CIVIL SERVICE ORDINANCE OF THE CITY OF ALAMEDA. Section 14. This ordinance shall be in full force and effect: from and after the expiration of thirty (30) days from the date of its final passage. Section 15. Upon the effective date of this Ordinance, Cit of Alameda Ordinance No. 2130 N.S., and all amendments and revisions thereto, relatin to establishin and re the Civil Service S of the Cit of Alameda, shall be full and completel repealed. Attest: Presidin Officer of the Cit Council Lara Welsi Cit Clerk Cit of Alameda 1, the undersi hereb certif that the fore and re adopted and passed b Council of the Cit of meetin assembled on the da of followin vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: Ordinance was dul Alameda in re '1 2009, b the IN WITNESS, WHEREOF, I have hereunto set m hand and affixed the official seal of said Cit this da of g 2009. Lara Weisi Cit Clerk Cit of Alameda CITY OF ALAMEDA Memorandum To: Honorable Ma and Members of the Cit Council From: Ann Marie Gallant Interim Cit Mana Date: June 2, 2009 Re: Receive a-Eleport on Sunshine Communit Force Referral BACKGROUND At the April 21 Cit Council meetin Councilmember Tam placed a referral on the a re the formation of a Sunshine Communit Task Force. Accordin to the referral, the Task Force would develop a sunshine ordinance that "protects the public's interest in open g overnment, ensurin that deliberations of commissions, boards, councils and other a of the Cit are conducted before the people and that Cit operations and external lobb activities are open to the people's review." Since that time, staff from the Cit Attorne Office and Cit Mana Office have met with Councilmember Tam to seek clarification about her g oals for this Task Force and ordinance, and staff has conducted additional research on this matter. DISCUSSION The Task Force is envisioned as a six-member bod comprised of one member appointed b each Councilmember, plus a representative from the Lea of Women Voters who would serve as a facilitator. The task force would meet for a time-limited period to review and discuss five issues related to improvin the public's access to Cit information. Extend the noticin re for public meetin be 72 hours: The Brown Act re advance notice of 72 hours for a re public meetin and 24 hours for a special meetin Research confirms that these re are presentl incorporated in the Alameda Municipal Code. The Cit Council a as well as those for other public bodies that meet on Cit Council ni such as the Communit Improvement Commission and the Housin Authorit Board of Commissioners, are g enerall y posted online and on the various bulletin boards at Cit Hall on the Thursda afternoon immediatel before a Cit Council meetin approximate l 96 to 100 hours in advance of the meetin The Alameda Reuse and Redevelopment Authorit g enerall y meets on Wednesda so its a are posted on Frida While it is possible to finalize and post the various a in advance of Thursda afternoon, this will re workin with the Cit Clerk's Office, Cit Attorne Office, and departments to ad the various deadlines and ensure that reports are turned in earlier than currentl :CU:cWhinuniemions mxhiilbit q enda-ttem-#60- 11-tem 06*0-2w09­ 1.1. Honorable Mayor and June 2, 2009 Members of the City Council Page 2 of 3 required. should the City council adopt a requirement to post the agendas earlier than is now the practice, agendas may need to be re- posted on occasion to accommodate last minute changes to reports and external deadlines. In addition, turnaround time on reports would increase, since the earlier posting of agendas and reports would necessitate earlier deadlines that could be difficult to meet, causing items to be postponed to a future meeting. Provide direction on Public Records Act requests regarding Best and turnaround time: The Public Records Act (PRA) allows cities to charge a fee covering the direct costs of duplication. This fee may not include staff time retrieving, inspecting, or handling the file. The Act also allows the public entity ten days to determine whether the request is for disclosable records and to notify the person of the determination, and the estimated date and time of disclosure. The records must be promptly provided. The time limit may be extended for 14 days for unusual circumstances. cities may also choose to enact a local rule that requires a shorter turnaround time than is included in the PRA. However, such a shorter turnaround time would require staff to prioritize a PRA request above other pending tasks. With reduced administrative and management staffing in the post reduction -in -force environment, maintaining these deadlines would ensure compliance with the PRA and afford staff the opportunity to multi -task without jeopardy. Develop guidelines regarding the minimum radius that must be used when notifying neighbors about land use matters: state lair requires the City to notify residents and property owners within 300 foot of a project's location when a matter is going to be considered by the governing body. The City's polio is to follow the 300 -foot notification for most projects, but occasionally the radius is expanded for projects of widespread interest. Expanding the notification for all projects would require a simple change in City policy upon direction by the City Council. There would be an associated, unknown cost for copying and mailing the notification to a larger area. campaign finance reports: Ballot r measure and candidate committees must periodically file campaign finance reports with the City lerk. 'These reports are y p maintained in the city clerk's office and are public records that could be posted online pending city council direction. Lobbyist registry: some cities, generally the larger cities, have developed guidelines for lobbyists and require thorn to register with the city. staff is conducting additional research on this issue and will submit a policy proposal should the City Council express an interest in this type of reporting. Most of the aforementioned items identified for discussion by the proposed sunshine Community Task Force are now governed by state lair and/or city policy. In addition some of the proposed changes, such as extending the time required to notice public meetings, could prove difficult for staff given limited administrative resources. As such. staff proposes foregoing the creation of the sunshine Community Task Force at this time and, instead, developing a sunshine policy that the city council can adopt by Honorable Ma and Members of the Cit Council June 2, 2009 Pa 3 of 3 resolution. Such a polic would set forth the Cit Council's philosoph on ensurin Alameda's g overnments open, accessible, and transparent. This resolution would be scheduled for action on Jul 21. The Cit Council ma also wish to consider directin staff to include in the sunshine resolution, or in a separate resolution, a code of ethics similar to that used in the Cit of Santa Ana and outlined in Attachment 1, which was the recent focus of a Westem Cit article. FINANCIAL IMPACT No additional funds are re to develop a sunshine polic and resolution. Research and report preparation will be completed b existin staff within the Cit Mana Office and the Cit Attorne Office. RECOMMENDATION Receive a report on the Sunshine Communit Task Force referral and authorize staff to develop a sunshine polic and resolution. Respectfull submitted, Lisa Goldman Deput Cit Mana Attachment: 1 Article from Westem Cit ma re Santa Ana Code of Ethics and Conduct Santa Ana's Measure D, passes by vot in F 2008 made two changes tie ty char ter. It e yteli ed city= council rneinbers teen limits f rom taro terms to three and called far adoption of a Code of Ethics any C ond u ct for elected officials and members of appointed boards commissions a-rid committe Given t th publ can b e sl <epdcal of th p ower any influence held bv e lected officials, e s ecial when b elRq ask ed toe xtend term om .i TnecBure generated a 1( off attention and int erest in th community. �w r° YtiY'» he goal of the Code of Eth ics and ilZ Con duct is to ensure public confi .,v,�5 Bence in the integrity of local gov- ern.n elected and appointed officials. The code had to be adopted within six months of the charter amendment taking effect. Following Measure Us [)assage, the city courici.l established ati ad hog: com- mittee to develop uhe ethics code and a set of recom mendations, According to Mayor Pro `fern Claudia Alvarez, w ho c the conim it:tee, "The prioriry was to establish an ethics code to promote an honest, effective and accounta czt- govern.rnent, encour- age high standards of behavior by public officials and assist with decision-t The code's framework is designed to guide public of Cl ials in their daily= duties to help ensure th A t they exercise their public °espot�sibilit.ies without conflicts or im p ro p rieties wh ether actual. of pkerce A Collaborative Approach The committee sought ad -vice f rom ex- perts in the field, in cluding represen.tatives rrom the Institute for Local Governmem (ILG), the nonprofit research affiliate continued Pat ricia E. Healy is Berk of council for the City of -Santa An and can lie t•eached Ott 01 ana.o. III a n a ge n i en t assistant for the Santa Ana City. Manager's Office and can be reached at <AVloresCsanta- ana.orp www m ester nci ty.cnm City Council Attachment t o Agenda item #6 ..E 06 -02-09 9 =a te... r., m t .w, .L -..5. .2 R... -t. F-.... .L�x� �..a'_^ s Santa Ana US(S JWIU.Sive Apm ouch to Develop 1 3thics Code, continued of the League and the CoJifo State Associati of Counties. ILL prornotes wellwit.forme:d, effilcal., inclusive, cffec tive and responsive local g) erimient: d ir resources, tools and programs. 'Fhe cotr mittee relied on one such re- so t.rrce, ILG's publication Developing a L o- ca.1, AgcnQ E4thIcs Code A Pi ocau 0 -ie rifled Giui e, to incorporate best practices and. Use. a collaborative -approach. To promote greater bray --in and legiti Macy, the code's development involved those whose conduct WOUld be guided by it. Accor to commi Member and Council Menrbe.r' weal `Finajero, "It Sim ply Trot- enough to just review orhet cities' codes. We called or i nstitutions commit- ted to advancing high ethical standards and practic' s to leas- about the many opportunid.es and. pitfialls organizations face when developirig their own code of ethics." Tina ero added, "It also enabled. LIS to create a code tailored to Santa Ana, specific to rhea iSSUCS we could foresee in otrr cornmunit.. 73 Santa Ana set: out to develop a values- based ethics code built on a list of do's. .Instead. of a .rti eYs- -based code emphasizing the don'ts that duplicate state and local ethics laws, this cede would- establish a colmnitrnent to uphold a standard of integrity and. competence beyond that required by law. By going beyond the etv.hi- Cal standards required by hr�v, values based: codes comple,tnent ethics lawns already On the books and .help define how public officials should act.. Work -StUdy Sessions Promote Dialogue Uie committee identified severed key ethical iralues and sou input from all appointed board cotxr and committee me m,bers. Each group .held a wori -study session t review and suggest additional values, tailored to the City of Santa Arta, that reflected the conlnit.t- 1 core val ues and. desired beh aviors, Committee members attended each of the work .study sessions to provide background information on the code's development and l promote an open. dialoCTU 7 1:1ie c on developed a menu of values a a worksheet li:st:irr.g, exar The pri.ority was to est b sh an ethics "ode o ino te an honest eff ective cmd acco atabtt_ lt� gove merit, encou age high s taiid rds cif behawor bv public o f e als xad assist with decision--makin 77 Pro Te-m Claudia !Alvarez of behavlor:s that reelect those values, -phe worksheet served as a tool to assisr in the t-evie w process and prornore. meaningful discussion. At the end .of each session, each board or Coninlission member placed a. do on the two core values he o r- s.he believed should be given the highest level of corISid.eratiorl for ir:zcicrsiorr in the initial T he city code of ethics a.n.d_ co rrduc.t. 1 he sessions also itrc IL'Ided public comment per for anyone in th cornnr.un who wished to ar dci pate. p rovisions and pledge to conduct their duties in accordatrce with the code. ID ad- dition, the ethics code Nvas placed on eadh commission and board agenda, an each voted to acicnowledge its receipt. Upon entering office, ce, nc officials are ash-ed to sign the Code of E.th ics and Con duct. The code is also incorporated into h mdbooks, order t:atio n. progra.rns and other training efforts, ittcclud.ing ethics training tey.tred by AB 1 234, to f clarify i ts provi- sions and application. The cojtnlittce reviewed the infornration collected from the public and amrdyzed the data r -vcd from, the board and coin misslon nienn,ber-s. Based on areas of consensus, they rec core values and bel.raviors to the city council. At a ivork -sWdy sessior of their owj the c ity council and the public provided further input and comment Santa Ana Adopts Ethics Code The committee re commen ded an i m- plementation plan an-d. a final proposed, resolution that included five cote values and expressions of behavior. In June 2008, the City of Sari to Ana approved and adopted these core values and expressions of behavior: a .integrity and honesty; Ttesponsibility and p the pub lic's interests; fairness an.d. ac r ,espect for fellor�v elected or appoint.ed- o fcials and staff; and Public, proper and efficient use of pub- l ic resout.ces. As Dart: of t iniplc m- enrat=ion, all elected. a.trd appointed. officials must: certify that they have received a. copy of Llre Code. of Ethics and Conduct, under sLan its Public Input Keeps Code Relevant In accordance with a values based. ethics code, Santa Ands voters are deemed the ultimate judges and enforcers of the C ode of Ethics �rnd Conduct. Being part of a ballot: nieasure approved by Santa Ana voters hers helped- increase public aware- ness of ethics issues and accountabiliey: Further, the code ind,i-catres that elected and appointed officials have a primary responsibility to ensure that ethical Shan dards are understood and inet and that constituents can bane full confidence ill the integrity of their local croverr menr. Tlie code is Hit -c r ded as a l iv in g docu- ment, and periodic review at least every nv o years will help ensur that it's are accu rate reflection of the community's values, "Developing the Lode of Ethics and Conduct within the six months r eq ir•ed by the cl amendment shows ou corninitrzrent to f trlfill our prorn.ise co the voters, which enhanced public trust," said Council Member Vince Sarrnient:o, "B establishing an et code in Santa Ana that Included input from our cotrrrcil. and appointed officials, we have clear expectations and guidelines on how to set pr1oritics and ad d ress d iffere nces, thereby fostering a better overall envir 1 League of California Cities www.cacities.org r .X sir. r ..rT..�'.... r.-, mss✓..:... .3. r i f i ...,..�:...x...: ter, Attitudes, words and actions should demonstrate, support and reflect the following qualities and characteristics for the'Well -being of our community. The five core values and expressions that reflect these core values are as follows: I.1ntegrity /Honesty I are honest with my fellow elected officials, the public and others. I do not promise what I believe to be unrealistic, I am prepared to make unpopular decisions when my sense of the public's best interests requires it. I credit others contributions to moving our community's interests forward. I do not knowingly use false or inaccurate information to support my position or views. safeguard the ability to make independent, objective, fair and impartial judgments by scrupulously avoiding financial and social relationships and transactions that may compromise or give the appearance of compro- mising objectivity, independence and honesty. 2. Responsibility/Protecting the Public's Interests a I do not accept gifts, services or other special consider- ations bocause of my public position. I excuse myself from participating in decisions when my or my immediate family's financial interests may be affected by my agency's actions. I dc) not give special treatment or consideration to any individual or group beyond that available to any other individual. 1 refrain from disclosing confidential information con- cerning litigation, personnel, property or other affairs of the city without proper legal authority, and from using such information to advance my financial or other per sonal interests. 3. Fai i promote meaningful public involvement in the agen- cy's decision making processes. I treat all persons claims and transactions in a fair and equitable manner; I make decisions based on the mer o f t h e issue, If i receive substantive information that is relevant to a matter under consideration frorn sources outside the public decision making process, I publicly share it with My fellow governing board members and staff. I work to contribute to a strong organization that ex- emplifies transparency and open con, munication. 4. Respect for Fellow Elected or appointed Officials, Staff and the Pubic I treat my fellow officials, staff and the public with patience, courtesy and civility, even when we disagree on what is best for the community. 1 work tow ard consensus building and gain value from diverse opinions. 1 respect the distinction between the role of office- holder and staff; I involve staff in meetings with individuals those with business before The agency, officials from other agencies and legislators to en- sure proper staff support and to keep staff informed. I conduct myself in a courteous and respectful man- ner at all times during the performance of my official city duties. I encourage full participation of all persons and groups; I am aware of and observe important celebrations and events that reflect the values of our diverse population, 5. proper and Efficient Use of public Resources I do not use public resources, such as agency staff tine, equipment, supplies or facilities, for private gain or personal purposes. I make decisions after prudent consideration of their financial impact, taking into account the long- term financial needs of the agency, especially its financial stability. I demonstrate concern for the proper use of agency assets (such as personnel, tine, property, equipment and funds) and follow established procedures. 9 1 am a prudent steward of public resources and active- ly consider the impact of nay decisions on the financial and social stability of the city and its residents. www.westerncity.coni Western City, December 2008 x a. ra .REGISTRATION ACT OM MF Sections: Article Is Finding and PuEp .Article ii. Definitions and 1nte tation of Thi Act Article 111. tie istration of Lobbyists .Article lv. Disclosure of Lobby Activities Article V. Prohibitions Article Vl� Enforcement 1 3.20.010 Title. Title. This chapter shall be known as the City of Oakland Lobbyist Registration Act, hereafter "the Act." (Ord. 12782 3 (part), 2007; Ord. 12431 (part), 2002) A r t ic le 1-1.e finitions and Intmret s Act 120.020 Words and phrases. 3a 0.030 Definitions. 3.20.020 -Words and phrases. Words and phrases used in this Act shall have the same meanings and be interpreted in the same manner as words and phrases used in the Political Reform Act of 1974 as amended and the regulations issued pursuant thereto, unless otherwise expressly provided or unless the context otherwise requires. (Ord. 12782 3 (part), 2007; Ord. 12431 (part), 2002) 3. 0.03 0 Definitions. For the purposes of this chapter, the following definitions shall be applicable: A. "Client" means the real party in interest for whose benefit the services of a local governmental lobbyist are actually performed. An individual member of an organization shall not be deemed to be a "client" solely by reason of the fact that such member is individually represented by an employee or agent of the organization as a regular part of such employee's or agent's duties with the organization as long as such member does not pay an amount of money or other consideration in addition to the usual membership fees for such representation. B. "Contractor" means any party to an agreement in which the value of the consideration exceeds one thousand dollars l ,000), and, (1) The city is a party, or (2) the redevelopment agency is a party, or (3 the agreement or its effectiveness is in any way dependent or conditioned upon approval by the city council or redevelopment agency board or any board or commission, officer or employee of the city or the agency. ommunic .Exhi C. "Designated employees" mean city and redevelopment agency employees who are designated employees within the meaning of the Political Reform Act of 1974, as amended, and who are required by the Political Reform Act or a city or redevelopment agency conflict of interest code to file financial interest disclosure statements. D. "Local governmental lobbyist" means any individual who: (1) receives or is entitled to receive one thousand dollars ($1,000) or more in economic consideration in a calendar month, other than reimbursement for reasonable travel expenses; or (2) whose duties as a salaried employee, officer or director of any corporation, organization or association include communication directly or through agents with any public official, officer or designated employee, for the purpose of influencing any proposed or pending governmental action of the city or the redevelopment agency. No person is a local governmental lobbyist by reason of activities described in Section 3.20.030(A). In case of any ambiguity, the definition of "local governmental lobbyist" shall be interpreted broadly. E. "Governmental action" means any administrative or legislative action of the city and the redevelopment agency other than an action which is ministerial in nature. U f f ihn n rw n n ,r rm r y �ti-� F. s A t 1 7 1 U. -I r`�i..yrrieILL l i tea i i s a. pd y tttent, Ut s Ls t u u LtL.)tt Lt utt�t�r, tuait cLU V cLttce, deposi g ift or other rendering of money, property, services or anything else of value, whether tangible or intangible. C. "Person doing business with the city" means any person whose financial interests are materially affected by governmental action as defined by Section 3.20.030(E). It includes persons currently doing business with the city or the redevelopment agency, planning to do business with the city or agency, or having done business with the city or agency within two years For purposes of this Act a person's financial interests shall not be found to be :materially affected by the issuance of any license or permit which does not require the exercise of discretion by city or agency officers or employees. H. "Public official" means an elected or appointed officer or employee or officially designated representative, whether compensated or not, of the United States or any of its agencies, the State of California, any political subdivision of the state, including cities, counties, districts, or any public corporation, agency or commission. (Ord. 12803 4, 2007; Ord. 12752 3 (part), 2007; Card. 12431 (part), 2002) ,-1.20.040 Registration with the public ethics commission. A. No person shall act as local governmental lobbyist before registering as a local governmental lobbyist with the City Clerk. B. At the time of registering, the local governmental lobbyist shall file with the City Clerk, in writing, his or her name, business and residence addresses. 2 C. The lobbyist shall reregister annually during the month of January and at that time shall resubmit the required information. (Ord. 12782 3 (part), 2007; Ord. 12431 (part), 2002) 3.20.050 Cessation of employment. A local governmental lobbyist who has terminated all activities requiring registration shall notify the City Clerk of that fact and thereupon shall be relieved of any further obligations under this Act until such time as he or she commences activity requiring registration. (Ord. 12782 3 (part), 2007; Ord. 12431 (part), 2002) 3-M MO Exceptions. The provisions of this Act shall not apply: A. To a public official acting in his or her official capacity. B. To the publication or broadcasting of news items, editorials, or other comments, or paid advertisements, which directly or indirectly urge governmental action. C. To a person. specifically invited by the city council or redevelopment agency or any committee thereof, or by any board or commission, or any committee of a board or commission, or by any officer or employee of the city or agency charged by law with the duty of conducting a hearing or making a decision, for the purpose of giving testimony or information in aid of the body or person extending the invitation. D. To a person who, without extra compensation and not as part of, or in the ordinary course of, his or her regular employment, presents the position of his or her organization when that organization has one or more of its officers, directors, employees or representatives already registered under the provisions of this Act. E. Any attorney, architect or civil engineer whose attempts to influence governmental action are limited to: (1) Publicly appearing at a public meeting, public hearing, or other official proceeding open to the public; (2) Preparing or submitting documents or writings in connection with the governmental action for use at a public meeting, public hearing, or other official proceeding open to the public; and (3) Contacting city or redevelopment agency employees or agents working under the direction of the city manager or executive director directly relating to (1) and (2) above. P. To designated representatives of a recognized employee organization whose activities are limited to communicating with city officials or their representatives regarding (1) wages, hours and other terms and conditions of employment pursuant to the procedures set forth in Government Code Sections 3 500-3 510, or (2) the administration, implementation or interpretation of an existing employment agreement. G. To persons whose only activity is to (1) submit a bid on a competitively bid contract, (2) respond to a request for proposal or qualifications, or (3) negotiate the terms of a written contract if selected pursuant to such bid or request for proposal or qualifications. This exception shall not apply to persons who attempt to influence the award or terms of a contract with any elected official or member of any City board or commission. (Ord. 12782 3 (part), 2007; Ord. 12431 (part), 2002) 3.20 07 Noncompliance order to show cause. I A. Upon the request of the council, the mayor or any board or commission or member thereof, or any officer or designated employee of the city or redevelopment agency, the Public Ethics Commission shall issue an order to show cause to any unregistered person. B. Such order shall specify a time and place where such person shall appear to provide evidence satisfactory to the Public Ethics Commission that he or she has complied with the registration requirement or is exempt from registration. C. If the Public Ethics Commission determines that such person is subject to registration and he or she fails to register within seven days of that determination, he or she shall be barred from acting as a local governmental lobbyist except when appearing before the city council, redevelopment agency or other board or commission at a noticed public meeting or upon oral petition on his or her own behalf. Such debarment shall be in effect for three months from the date of such determination or until registration, whichever is later. [Ord. 12782 3 (part), 2007; Ord. 12431 (part), 2002) 3.20.080 Availability of information. All registration information shall be retained by the City Clerk for a period of five years from the date of filing, shall constitute part of the public records of the city, and shall be open to public inspection. (Ord. 12782 3 (part), 2007; Ord. 12431 (part), 2002) 120.00 Filing under penalty of perjury. All information required by this Act shall be filed with the City Clerk on forms prescribed by the Public Ethics Commission, and accompanied by a declaration by the local governmental lobbyist that the contents thereof are true and correct under penalty of perjury. (Ord. 12782 3 (part), 2007; Ord. 12431 (part), 2002) 3 20. 100 Records. A local governmental lobbyist shall retain, for a period of five years, all books, papers and documents necessary to substantiate the registration required to be made under this chapter. [Ord. 12782 3 (part), 2007; Ord. 12431 (part), 2002) Article IV. Disclosure of Lobbvina Acth ities 3.20011.0 OLiarterIv dis iosUre. 3.20.110 Quarterly disclosure. For each calendar quarter in which a local governmental lobbyist was required to be registered, he or she shall file a quarterly report with the City Clerk. The reports shall be due no later than thirty (30) days after the end of the calendar quarter. The report shall contain the following information: A. The items) of governmental action and the name and address of the client(s) on whose behalf the local governmental lobbyist sought to influence. B. For each item of governmental action sought to be influenced, (1) the name of each city officer with whom the lobbyist communicated, (2) the name and title of any city M board member or commissioner with whom the lobbyist communicated, and (3) the identity of any city employee with whore the lobbyist communicated identified only by the office or department in which the employee works and his or her job title. C. A brief narrative description (no longer than three sentences) of the position advocated by the local governmental lobbyist on behalf of the identified client. D. If any lobbyist, or a registered client at the behest of a lobbyist, employs or hires an elected city officeholder, candidate for elected city office, a designated employee, or a member of the immediate family of one of these individuals, the lobbyist shall disclose (1) the name of the person employed or hired, (2) a description of the services actually performed, and (3) the total payments made during the reporting period identified only by the following categories: less than $250; between $250 and $1 ,000; greater than $1,000 but less than $10,000; greater than $10,000. E. If any elected city officeholder or candidate for elected city office employs or hires a lobbyist to provide compensated services to the officeholder or candidate, the lobbyist shall disclose (1) the name of the person who employed or hired the lobbyist, (2) a description of the services actually performed, and (3) the total payments made durin g the reporting period identified only by the following categories: less than $250; between $250 and $1,000; greater than $1,000 but less than $1 0,000; greater than $1 0,000. F. If a lobbyist solicits any person to make a contribution to an elected city officeholder, candidate for city office or to any committee or fund controlled by such officeholder or candidate, the lobbyist shall disclose the names of the persons whom the lobbyist solicited, and the officeholder or candidate for whose benefit each solicitation was made. A solicitation does not include a request for a contribution made (1) in a mass mailing sent to members of the public, (2) in response to a specific request for a recommendation, (3) to a gathering which members of the public may attend, or (4) in a newspaper, on radio or television, or in any other mass media. A lobbyist does not "solicit" solely because his or her name is printed with other names on stationary or a letterhead used to request contributions. If a lobbyist makes a solicitation to more than fifty individual members or employees of a corporation, union or other association that is a registered client of the lobbyist, or if the lobbyist makes a solicitation to all members or employees of a corporation, union or association that is a registered client of the lobbyist, the lobbyist may choose to disclose the name of the registered client instead of the names of the persons whom the lobbyist actually solicited. (Ord. 12803 3, 2007; Ord. 12752 3 (part), 2007; Ord. 12431 (part), 2002) 5 .2 20 No unregistered employment or activity. A. A local governmental lobbyist shall not engage in any activity on behalf of a client as a local governmental lobbyist unless such lobbyist is registered and has listed such client with the City Clerk. B. No person shall accept compensation for acting as a local government lobbyist except upon condition that he or she forthwith register as required by this Act. (Ord. 12782 3 (part), 2007; Ord. 12431 (part), 2002) 3.M 130 Personal obligation of city officials prohibited. Focal governmental lobbyists, clients, contractors, and persons doing business with the city or the redevelopment agency shall abstain from doing any act with the express purpose and intent of placing any city or agency officer or designated employee under personal obligation to such lobbyist, client, contractor or person. (Ord. 12782 3 (part), 2007; Ord. 12431 (part), 2002) 3.20.140 Deception prohibited. No local governmental lobbyist, client, contractor or person doing business with the city or the redevelopment agency shall deceive or attempt to deceive a city or agency officer or designated employee as to any material fact pertinent to any pending or proposed governmental action. (Ord. 12782 3 (part), 2007; Ord. 12431 (part), 2002) .20. 1 0 Improper influence prohibited. No local governmental lobbyist shall cause or influence the introduction of any ordinance, resolution, appeal, application, petition, nomination or amendment thereto for the purpose of thereafter being employed as a lobbyist to secure its granting, denial, confirmation, rejection, passage or defeat. (Ord. 12431 (part), 2002) 3. M 1 False appearances prohibited. No local governmental lobbyist, client, contractor, or person doing business with the city or the redevelopment agency shall attempt in any way to create a fictitious appearance of public favor or disfavor of any governmental action or to cause any communication to be sent to a city or agency officer or designated employee in the name of any fictitious person or in the name of any real person, except with the consent of such real person. (Ord. 12431 (part), 2002) 3.20. l 70 Prohibited representations. No local governmental lobbyist, client, contractor, or person doing business with the city or the redevelopment agency shall represent, either directly or indirectly, orally or in writing that such person can control or obtain the vote or action of any city or agency officer or designated employee. (Ord. 12431 (part), 2002) 3.20a 180 Restrictions on payments and expenses benefiting local public officials, candidates for local office, designated employees and immediate families. A. No lobbyist or a lobbyist's registered client shall make any payment or incur any expense that directly benefits an elected city officeholder, candidate for elected city office, a designated employee, or a member of the immediate family of one of these individuals, in which the cumulative value of such payments or expenses exceeds $240 during any calendar year. B. The payments and expenses specified in subsection (A) include gifts, honoraria and any other form of compensation but do not include (1) campaign contributions; (2) payments or expenses that, within thirty (30) days after receipt, are returned unused or are reimbursed; (3) food, beverages or occasional lodging provided in the home of an individual lobbyist or individual lobbyist's registered client when the individual or member of the individual's family is present; (4) a pass or ticket to a fundraising event for a campaign committee or candidate, or for an organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code; (5) a pass or ticket given to a public agency and which meets the provisions of 2 Cal. Code of Regs. No. 18944. 1 (a) through (e), inclusive; (d) informational material; and (7) salaries, consulting fees or other payments for services rendered or bargained for. No other exception to, or exclusion from, the definition of gift or honoraria contained in the Political Reform Act of 1974 as amended, and the regulations issued pursuant thereto, shall apply to this section. (Ord. 12752 3 (part), 2007) 3.20.190 Restriction on former elected city officers from acting as a local governmental lobbyist. No officer of the city or person who has held the position of department head or budget director shall be permitted to act as a local governmental lobbyist for a period of one year after leaving office. Ord. 12782 3 (part), 2007) ,.Article VL Enforcement 30.00 pro and action, 3 -M 2 10 Civil enalties. -1.20.220 Criminal. violations 3.20 230 Effective date, �0 Sep =erabilit 3,20. 3.20. 00 Procedures and action. A. Any person who violates this Act is subject to civil enforcement proceedings before the Public Ethics Commission pursuant to the Commission's General Complaint Procedures. No complaint alleging a violation of any provision of this Act shall be filed with the Public Ethics Commission more than four years after the date the violation occurred. B. If the Public Ethics Commission finds a violation of this Act, the Commission may: (1) Find mitigating circumstances and take no further action; (2) issue a public statement or reprimand, or (3) impose a civil penalty in accordance with this Act. (Ord. 12782 3 (part), 2007; Ord. 12431 (part), 2002) s 2 0. i 0 Civil penalties. A. Civil penalties shall be imposed by resolution of the Public Ethics Commission. B. Except as otherwise specified in this Act, the Commission may impose penalties of up to one thousand dollars 1,000) for each complaint sustained. C. If any civil penalty imposed by the Public Ethics Conunission is not timely paid, the Commission shall refer the debt to the appropriate city agency or department for collection. (Ord. 12782 3 (part), 2007; Ord. 12431 (part), 2002) I -M220 Criminal violation. A. Any person who knowingly or willfully violates the provisions of this Act is guilty of a misdemeanor. B. The prosecution of any misdemeanor violation of this Act shall commence within four years after the date on which the alleged violation occurred. C. No person convicted of a misdemeanor violation of this Act may act as a lobbyist, render consultation or advice to any registered client, or otherwise attempt to influence a govenunental action for compensation for one year after such conviction. (Ord. 12782 3 (part), 2007) 3.20.230 Effective date. The effective date of this Act shall be September 1, 2002. (Ord. 12782 3 (part), 2007) ,).20.240 S everability. The provisions of this Chapter are declared to be separate and severable. The invalidity of ay clause, sentence, paragraph, subdivision, section or portion of this Chapter, or the invalidity of the application thereof to any person or circumstances, shall not affect the validity of the remainder of this Chapter, or the validity of its application to other persons or circumstances. (Ord. 12782 3 (part), 2007) FAIRSESS CITY OF OAKLAND PUBLIC ETHICS COMMISSION 0 PE NNESS Date Stamp RESERVED FOR CITY CLERK USE "LOBBYIST REGISTRATION FORM11 (Pa 1 of 2) T or print in ink. File the ori with the Cit Clerk. An electronic version of this form is available from the Public Ethics Commission. Full Name: Business Address: Phone: Email: Please check if this is an: Initial Re Annual Or Renewal Re Amendment NAMES OF CLIENTS OR EMPLOYERS FAIRNESS CITE' OF OAKLAND PUBLIC ETHICS COMMISSION Date Stamp RESERVED FOR CITY CLERIC' USE "LOBBYIST REGISTRATION FORIVIII (Page of Please note that no person shall engage in any activity on behalf of a client as a local governmental lobbyist unless he or she has registered using this form and listed such client with the City Clerk. Lobbyists are further required to file "Lobbyist Quarterly Reports" no later than 30 days after the end of each calendar quarter. 1 declare under penalty of perjury under the lags of the State of California that the information l provided to complete this form is true and correct. Date: Signature Print or Type Marne FAIRNESS CITY OF OAKLAND P UBLIC ETHICS COMMISSION LU OPENNESS Date stamp RESERVED FOR CiTY CLERK USE Page 7 of "LOBBYIST QUARTERLY REPORT" (With Attached Disclosure Schedules If Necessary) Type or print in ink. File the original with the City Clerk. An electronic version of this fora is available from the Public Ethics Commission. This report and all attached Disclosure Schedules must be filed with the Office of the City Clerk no later than 30 days after the end of each calendar quarter. Full Name: Business Address: Phone: Email: Period of Time Covered By This Report (e.g., 1/1/07 through 3!31107): Check here if you did not engage in any reportable lobbying activity during the period of time covered by this report: For any reportable activity you performed during the period of time covered by this report, please complete the attached Disclosure schedules. (Attach additional copies as needed.) DECLARATION of LOCAL GOVERNMENTAL LOBBYIST I declare under penalty of perjury under the lags of the state of California that the information provided above and on the attached Disclosure schedules is true and correct. Date: Signature Print or Type Name FAIRNESS CITY of OAKLAND PUBLIC ETHICS COMMISSION O PrNIVt SE RESERVED FOR CITY CLERK USE Page of "LOBBYIST DISCLOSURE FORM" SCHEDULE A Statement Of Lobb Activities Type or print in ink. File the original with the City Clerk. An electronic version of this form is available from the Public Ethics Commission. Please provide the following information for each client or employer on whose behalf you lobbied during the period of time covered by this report. If you lobbied on more than one item of governmental action for any individual client or employer, please complete a separate Schedule A for each item of governmental action lobbied on behalf of that individual client or employer. (A) Name and address of the client or employer on whose behalf I lobbied: (B) Item of governmental action on which I lobbied for the above named client: (C) In lobbying on the item identified in (13) above, please indicate the name of each city officer you lobbied, the name and title of each city boardmember or commissioner you lobbied, and the jobtitle and office or department of each city employee you lobbied (do not provide the city employee's name (D) Please provide a brief narrative description (no longer than 3 sentences) of the position advocated on behalf of the client or employer identified in (A) above: FAIRNESS CITY OF OAKLAND m PUBLIC ETHICS COMMISSION f. .f r: RESERVED FOR CITY CLERK USE Page of "LOBBYIST DISCLOSURE FORM" SCHEDULE B MW Employment Re Client At The Lobb Behest Type or print in ink. File the original with the City Clerk. An electronic version of this form is available from the Public Ethics Commission. Please provide the following information for each elected city officeholder, candidate for elected city office, designated employee, or member of the immediate family of one of the foregoing persons, who you or a registered client at your behest employed or hired during the period of time covered by this report. if you or a registered client employed or hired more than one city officer, candidate, designated employee or one of their immediate family members, please complete a separate Disclosure Form/Schedule B for each person so employed or hired. (A) Name of elected city officeholder, candidate for elected city office, designated employee, or member of the immediate family of one of the foregoing persons you or your registered client employed or hired: (13) A description of the services actually performed by the employed or hired person: (C) The total payments made during the reporting period identified only by the following categories: less than $250; between $250 and $1 ,000; greater than $1,004 but less than $10,000; greater than $10,000. Enter amount category: FAIRNESS CITE' OF OAKLAND PUBLIC ETHIC COMMISS r Gate Stamp RESERVED FOR CITY CLERK USE Page of SCHEDULE C Employment Relationships Between A Lobbyist And An Elected City Officeholder Or A Candidate For City Office Type or print in ink. File the original with the City Clerk. An electronic version of this form is available from the Public Ethics Commission. Please provide the following information for each elected city officeholder or candidate for elected city office who employed or hired you to provide compensated services during the period of time covered by this report. if you were employed or hired by more than one elected city officeholder or candidate for city office, please complete a separate Disclosure Form /Schedule C for each officeholder or candidate who employed or hired you. (A) Name of elected city officeholder or candidate for elected city office who employed or hired you: (13) A description of the services you actually performed: (C) The total payments made to you during the reporting period identified only by the following categories: less than $250; between $250 and $1,000; greater than $1,000 but less than $1 0,000; greater than $10,000. Enter amount category: FAIRNESS zt CITY OF OAKLAND ct PUBLIC ETHICS C O MM ISSIO N f RESERVED FOR CITY CLERK USE Page of "LOBBYIST DISCLOSURE FORM" SCHEDULE D Statement Of Solicitati F or Con Type or ,pant in ink. File the original with the city clerk. An electronic version of this form is a vailable from the Public Ethics Commission. Please provide the following information for campaign contributions you solicited for the benefit of a city officeholder, candidate for city office, or committee or fund controlled by such officeholder or candidate, during the period of time covered by this report. If you solicited campaign contributions for the benefit of more than one such officeholder, candidate, committee or fund, please complete a separate Schedule D for each such officeholder, candidate, committee or fund. (A) Name of the elected city officeholder, candidate for city office, or committee or fund controlled by such officeholder or candidate for whose benefit I solicited campaign contributions: (B) Names of all persons I solicited for campaign contributions for the benefit of the person identified in Paragraph (A) above: (Attach additional pages if necessary.) Note. If a lobbyist solicits more than fifty (50) individual members or employees of a corporation, union or other association that is a registered client of the lobbyist or all of the individual members or employees of a corporation, union or other association that is a registered client of the lobbyist the lobbyist may choose to disclose the name of the registered client instead of the names of the persons Whom the lobbyist actually solicited. €-A4 a. 1` A g CITY OF OAKLAND PUBLIC ETHICS COMMISSION 1 Date Stamp RESERVED FOR CITY CLERK USE ff OMM H H, Type or print in ink. Fife the original with the City Clerk. An electronic version of this form is available from the Public Ethics Commission. Full dame: Business Address: Phone: Email: Date Lobbying Activities Terminated: Please note that you must renew your registration with the city Clerk if you decide to engage in lobbying activities after the above date of termination. I declare under penalty of perjury under the laws of the state of California that the information I provided above is true and correct. Date: Signature Print or Type Marne CITY OF ALAMEDA RESOLUTION NO. LIBR APPOINTING KRISTY L. PERKINS AS A MEMBER OF THE CITY :i ■'i BE IT RESOLVED by the Council of the City of Alameda that pursuant to E 0 NN o U. 0 CU LY 4�fF the provisions of Article x of the Charter of the City of Alameda, and upon nomination of the Mayor, KRISTY L. PERKINS is hereby appointed to the office of member of the Library Board of the City of Alameda for the terra commencing November 17, 2009, and expiring on June 30, 2013, and to serve until her successor is appointed and qualified. 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 17th day of November, 2009, by the following Vote to wit: AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set nay hand and affixed the seal of said City this 18th day of November, 2009. Lara Weisiger, City Clerk City of Alameda Resolution #6 -A 11 -17 -49 CITY OF AL AMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: November 17, 2009 Re: Hold a Public Hearing to Consider a Call for Review of the Planning Board's Approval of a Use Permit for a Convenience Store Located at 1023 Park Street The applicant seeks approval of a use permit to allow operation of a convenience store within Sag feet of a residential zone district. The proposed convenience store will offer gift items, snacks, beverages, novelties, candy, printed materials, and some tobacco products (Exhibit 1). Pursuant to Alameda Municipal Code (AMC) Section 30- 4.10.c.13, convenience stores within 300 feet of a residential zone district require a use permit. DISCUSSION The Planning Board conditionally approved the use permit application for the convenience store at its meeting of October 12, 2009 based on the findings and subject to the conditions listed in Resolution Igo. PB09 -1 9 (Exhibit 2 The Planning Board's approval of this use permit has been called for review by Councilrnember Matarrese. The City Council is being asked to consider the proposed use as it relates to the following two findings made by the Planning Board: That the proposed project will not have a substantial deleterious effect on the business district. That the proposed use relates favorably to the General Plan. A notice for this hearing was mailed to the property owners and residents within 390 feet of the project site, published in the Alameda Journal, and posted at the subject property. Staff received one letter in support of the project; one letter conditionally in support if the store was family- friendly; two petitions with approximately 425 signatures each opposed the convenience store because similar uses already exist in the area and parking would be negatively impacted. City Council Public Hearing Agenda item ##6 -13 Honorable Mayor and Members of the City Council FINANCIAL IMPACT November 17, 2009 Page 2of2 There is no fee collected for the call for review of a Planning Board decision, and costs associated with processing the review are borne by the operating budget of the Community Development Department. There is no impact to the General Fund. MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE Alameda Municipal Codes §30 -4.10, C -M, Commercial Manufacturing District, and §30- 21.3 -21.5, Use Permits, govern this proposal. Pursuant to AMC Section 30-25.1.b, Planning Board approvals may be called up for review by any City Councilmernber. ENVIRONMENTAL REVIEW The operation of a convenience store in an existing commercial building does not have the potential for significant impacts on the environment and is therefore exempt from further environmental review and is a Class pursuant to the California Environmental Quality Act (CEQA) Guidelines, Section 15301 Existing Facilities. RECOMMENDATION Uphold the Planning Board's decision to approve a Use Permit with conditions for the operation of a convenience store at 1523 Park Street. Respectfully submitted, Jon Biggs Planning Services Manager Approved as to funds and account, Glenda D. Jay Interim Finance Director i Exhibits: 1. Application and Site Plan 2. Planning Board Staff Report and Resolution 3. Call for Review CITY OF ALAMEDA PLANNlNO DEPARTMENT Land Use 8 rift- rrnatlon USE PERMIT APPLICATION SUPPLEMENT Describe the Existing Building(s) prope on the ,��drf 4 e loo? �Ie Surrounding Land Uses: North ddAf 'eore&;F East South�� r. e l idlest Describe the Project that Requires a Use Permit: Please describe in terms of the aximum level of operation anticipated for the p proposed use. Use Characterlatics Describe the business or operation which is proposed (include materials involved): pf f T4 -,le -A 4ee ��e f 1 A Tours and Days of operation:�'�� Ern to ees: Total 2 y Per Shift Number of customers Per Day Je 0 0 0 Trucks Per Day. Incoming G outgoing 0 Specify, any hazardous materials involved in the operation includin toxic substance g s, flamn�ables or explosives) Describe any air pollutants or odors from the operation: Describe the source of any light or glare from the ect: 5 Describe the noise which will result from the project: A/ P Describe the construction /demolition /remodeling waste which will result from the ro'e .l ct. CitY Council Describe thenormal solid asteltrash /recylclable materials from the operation: dalal AU-ov-lf Exhibit '8 to Public Heaving Agenda item ##6 -13 11-17-09 'EMPTY SPACE' 1 P_9` CElUNG± 3068 EMPLOYEE'S ROOM a BACK cEL1NG PATH Raa 7' -G3' GEIL. HALL. PACIFIC PACK HALL 0 AVENUE ENTRANCE STORAGE 1 i' -9" CEILING b o BACK HALL o 1' -9" CEI LI NG± n O N L ry L E�7 C3 p i 7' -0 fLAT k 7 5TORE 5PEAKD0WN5: aFEfCE GIFT SPACE 54 5Q, FT. 50DA= 2G 5Q. FT. U CHIP51CAN0Y= 25 5Q. FT. 1 -9` CEI G* CIGARETTES/ETC.= 12 5Q. FT. SEA'JTY 5Urf LY 10 50 FT. PHONE CARD5 G 5Q, FT. 3OG8 j PERFUME,/COLOGNE 9 50. FT. T-Fl x� G23 PARK STREET EMPTY 5PACE 258 5Q, FT. SPACE SACK HALL/ffNTRANCE 20G 50. FT. 7,_G33 1"LAT 5 EMPLOYEE ROOK! J 87 50. FT. 5 OPE[7`' OFFICE 1 50 SQ. FT. 5TORAGE 14 1 5Q. f7. CEILING 1 MAIN STORE 5PACE 107G 50. FT. 10 A TOTAL 2058 5Q, fT. Q 5TaREIPACE 13` -G'l 1LINGt ILI m U lu Q 0 m (E) fLOOK PLAN I '1101 1 1 elf U s `'T t.J u m PE2PUMEIC0L0GNE t� RYAN FERGU50i (5 10) 499 -5735 RG FERGUSO N @GMAfl"..00M 7w7-Q- �L I EXISTING 5TOREFRONT PARK STREET EhtftkiieE A TENANT 5FACE FOR TME; (E) FLOOR P--LAN 70 s PETTEK TRADE DI5COU NT I G23 °ARK 5 T REST aFEfCE a 1 -9` CEI G* Nr j 3OG8 j r T-Fl x� f SPACE 7,_G33 1"LAT 5 5 OPE[7`' A D CEILING 1 10 A TO JIL CST ELL PNONE CCE550RY 0 ACE 0�GA ACC 5C3IE5 EMPLOYEE AREA Q 1 8 Wx 12 t GLA55 DISPLAY CASE, (5 TYF.) V us GIFT 5PACE 0 0 GXG P POST fL (E) fLOOK PLAN I '1101 1 1 elf U s `'T t.J u m PE2PUMEIC0L0GNE t� RYAN FERGU50i (5 10) 499 -5735 RG FERGUSO N @GMAfl"..00M 7w7-Q- �L I EXISTING 5TOREFRONT PARK STREET EhtftkiieE A TENANT 5FACE FOR TME; (E) FLOOR P--LAN 70 s PETTEK TRADE DI5COU NT I G23 °ARK 5 T REST 1 DATE. October 12, 200!- a TOM HONORABLE PRESIDENT AND MEMBERS OF THE PLANNING BOARD FROM: Simone Wolter, Planner 1 510.747.6882 s'moo lter&i.alameda.ca.us ZONING DISTRICT: C-M, Commercial Manufacturin District GENERAL PLAN: Communit Commercial Cit Counci I Exhibit 2 to Public Hearin A Item #6-B 11-17-09 0 "'TAFF ANALYSIS Proposed Store,. The proposed convenience store faces Park Street and is located between Lincoln Avenue and Pacific Avenue in a portion of a buildin that was developed for use as retail space. The lease space is approximatel 2,058 s feet of which 1,076 s feet is dedicated to actual retail sales space. The remainin space is made up of a hallwa stora space, bathroom, emplo room, and an office. Applicant has amended the ori proposal and provided an updated floor plan that clarifies that the sale of tobacco products are no lon the principal focus of the business. Approximatel 12 s feet, or 1. 1%, of the retail floor area is dedicated to the sale of ci and tobacco-related products, Tobacco stores are identified in the AMC as: "businesses devoted primaril to the sale of tobacco products, as defined b (a) devotin twent (20%) percent or more of total.floor area or displa area to or (b) derivin sevent (75%) percent or more of g ross sales receipts from, the sale or exchan or tobacco-rel products. The remainin floor area of the retail space contains shelvin and d.ispla for g ift item y s, soft drinks., cand chips, g ifts, phone. cards, and beaut supply pl items Attachment 2 The applicant proposes to operatethe store from 8 am to 8 pm, which is within the re permitted hours in the. commercial districts. Pursuant to the AMC, businesses can onl operate between 10 pm and 7 are with use permit approval. 1623 Park Street is located in the C-M, Commercial Manufacturin District, which permits g rocer y stores, cand Mores, confectioner shops, caterin establishments, g ift stores, novelt shops, stationar stores, and dru stores without need of a use permit. As noted in the back section of this report, convenience stores within 300 of a residential zone district re use permit Fi 1: Pro Location Z 001000 1 ZOU5 Pa 2 of 6 approval. Convenience stores are defined in the AMC as- The retail space in which the proposed convenience store wishes to locate has been vacant for several y ears. The empt space adds to the underutilized appearance of the area, which was recentl emphasized b the departure of the automotive businesses alon Park Street. Addin a convenience store at this location would increase foot traffic and brin activit to north Park Street. Surro Uses, Pa and Traffic: Other uses in close proximit to the proposed convenience store are hair and nail salons, restaurants, medical offices, automotive related businesses, music stores, and g roceries. Residential units are located on Park Street, mainl on second stories. The nearest residential district, an R-5, General Residential District, is sli less than 300 feet awa from the pro site, refer to Fi 1. PLANNING BOARD October 12, 2009 AGENDA IT 9-A Pa 3 of 6 Metered parkin is available on Park Street and Pacific Avenue. No on-site parkin is available for customers however, the proposed use does not re the addition of parkin spaces pursuant to AMC 30-7.2,c, because the proposed use does not expand floor area be what exists now, and the use is similar to the previous retail uses in the buildin PLANNING BOARD October 12, 2009 AGENDA ITEM 9-A Pa 4 of 6 1 The location of the proposed use is compatible with other land uses in the g eneral nei area, and the pro desi and size is architecturall aestheticall and operationall harmonious with the communit and surroundin development. The proposed convenience store, would occup a retail space which has been vacant and boarded up for several y ears and does not include elements or aspects of operation that are expected to g enerate si impacts. 2 The proposed use will be served b ade transportation and service facilities includin pedestrian, bic and transit facilities. The parcel does not provide on-site parkin On-street parkin spaces are available on Park Street and Pacific Avenue. AC Transit lines run on Park Street and AC Transit stops are within '/.s of a mile of the site. The propert is full developed and does not re additional utilities. 3 The proposed use, if it complies with all conditions upon which approval is made contin will not adversel affect other propert in the vicinit and will not have substantial deleterious effects on existin business districts or the local econom The proposed convenience store is not expected to adversel affect other properties, especiall residentiall zoned properties, fills a vacant commercial space, and adds to the mix of businesses in the area thus, drawin additional clientele, which will benefit the business environment of the area. 4. The proposed use relates favorabl to the General Plan. Continuation of a retail business at this location is consistent with General Plan Polic 2.5.a, which calls for providin enou retail and service space to enable Alameda to realize its full retail sales potential. In addition, the increase in foot traffic and a occupied storefront will improve the street ambiance on Park Street North of Lincoln Avenue. The operation of a convenience store in an existin commercial buildin does not present a si effect on the environment and is exempt from further environmental review under California Environmental Qualit Act CEQA Guidelines, Section 15301 Existin Facilities. PLANNING BOARD October 12, 2009 AGENDA ITEM 9 -A Pa 5 of 6 It Approve a Use Permit, PLN09-0253, for the operation of a convenience store and find the project Cate Exempt from CEQA. <�l SIMONE INOLTER PLANNER I LANNING SERVICES MANAGE1 October 12, 2009 Pa 6 of 6 CITY of ALAMEDA PLANNING BOARD RESOLUTION PB09 -19 A RESOLUTION OF THE PLAN NI BOARD OF THE CITY OF ALAMEDA APPROVING PLN09 -0253 USE PERMIT FOR A CONVE NIENCE STORE AT 1623 PARIS STREET WHEREAS, an application was made on July 27, 2009 by Abdulrnalik Harbi requesting a Use Permit to operate a convenience store; and WHEREAS, the application was accepted as complete on August 4, 2oog; and WHEREAS, a public hearing was conducted on September 28, 2009 at which the applicant requested a continuance to reconsider his scope of operations and consider public input; and WHEREAS, the project site is located within a c•-M, Commercial Manufacturing District., and WHEREAS, the project site is located within a Community Commercial General Plan Designation; and WHEREAS, Planning Board held a second public hearing on this app lication on Octob ber Moog, and WHEREAS, the Planning Board has made the following findings concernin g the project: I The location of the proposed use is compatible with other land uses in the eneral neighborhood g g od area and the project design and size is architecturally., aes and operationally harmonious with the community and surrounding development. The proposed convenience store, would occupy a retail space which has been vacant and boarded up for several years and does not include elements or aspects, of operation that are expected to generate significant impacts. 2. The proposed use will be served by adequate transportation and service facilities including pedestrian, bicycle, and transit facilities. The parcel does not provide on -site parking. On- street parking s aces are available on Park Street and Pacific Avenue. Ac Transit Imes run on Park Street and .AD Transit stops are within of a rile of the site. The property is fully developed and does not re q uire additional q tonal 3. The proposed use, if it complies with all conditions upon which approval is made P aige I of 4 contingent, will not adversely affect other property in the vicinity and will not have substantial deleterious effects on existing business districts or the local economy. The proposed convenience store is not expected to adversely affect other properties, especially residentially zoned properties, fills a vacant commercial space, and adds to the mix of businesses in the area; thus, drawing additional clientele, which will benefit the business environment of the area. 4. The proposed use relates favorably to the General Plan. Continuation of a retail business at this location is consistent with General Plan Polls 2.5.a, which calls for providing enough retail and service space to enable Alameda to realize its full retail sales potential. In addition, the increase in foot traffic and a occupied storefront refront will improve the street ambiance on Parr Street North of Lincoln Avenue. BE IT RESOLVED THAT, the project is categorically Exempt from additional environmental review pursuant to CEOA Guidelines Section 15301, Existing conditions. BE IT FURTHER RESOLVED THAT the Planning Board of the City of Alameda hereby approves Use Permit, PLN09 -0253, for the operation of a convenience store subject to compliance with the following conditions: 1. Revocation: This Use Permit may be modified or revoked by the Planning Board, pursuant to Alameda Munidpal code Section 30-21.3d should the Planning Board determine. that: 1) the use or conditions under which it is. being operated or maintained is detrimental .to the public health, welfare .or i rnateriall in'uri y ous to property or improvements in the vicinity; 2} the property is operated or maintained so as to constitute a public .nuisance; or 3) the use is operated in violation of the conditions of the Use Permit. 2. 'besting: The Use Permit approval shall expire tyre (2) years. after the date of approval or by October .1 2, 2011 unless authorized construction. or use of the property has commenced. The applicant may apply for a time extension not to exceed two (2) years. An extension request will.be subject to approval by the Zoning Administrator and must be filed prior to the date of expiration. 3. The project shall be reviewed for compliance Frith ail conditions of. approval and any impacts on residential districts one year after obtainin g the certificate of occupance and commencing the Business. 4. The sale of paraphernalia typically associated with the use of illegal products, such as hoorahs, bongs, water pipes, etc. is prohibited. 5. The applicant shall obtain a sign permit to install a business sign in the pre existing placeholder on the building's awning. Page 2 of 4 6. The business' storefront windows shall have minimal signage and must comply with f AMC 3g -6 ■4.c which states that no permanent or temporary window sign shad be larger than 10 square feet and shall not occupy more than 25% of the indoor within the window frame. In addition, all promotional signs may only be posted for a maximum of 30 days. All promotional signs shall state, using letters I inch in height, the date the promotional signs were posted. 7. No A -frame signs are permitted on the sidewalk and public right of gray. 3. The applicant shall provide receptacles for trash placed in a location that does not block paths or public walkways. g■ The applicant shall promptly remove litter on a daily basis on Park Street and Pacific Avenue generated by customers of this business. 10. The applicant shall submit an exterior lighting plan for review and approval b Planning division staff for the purpose of providing a well illuminated store front for safety purposes. 11. Prior to any expansion of display areas beyond ghat is shown on the submitted plans, the applicant shall submit plans for review and approval by Planning staff, and if necessary, be reviewed by the Planning Board through the Use Permit amendment process. 12. The applicant is not permitted to expand the sale of tobacco and related products to a level that would place the convenience store on par with a tobacco store. Under no circumstances shall the sale of tobacco and related products exceed twenty percent of the total floor area or 75 percent or more of gross receipt sales pursuant to Alameda Municipal Code 30-2. 13■ HOLD HARMLESS. The applicant shall defend (with counsel reasonably acceptable to the City), indemnify, and hold harmless the City of Alameda, its Redevelopment Agency, the Alameda City Planning Board and their respective agents, officers, and employees from any claim, action, or proceeding (including legal costs and attorney's fees) against the city of Alameda, Alameda Redevelopment Agency, Alameda City Planning Board and. their respective agents, officers or employees to attack, set aside, void or annul, an approval b the City of Alameda, the Planning and Building Department, Alameda City Planning Board, the City of Alameda Redevelopment Agency or City Council relating to this project. The City shall promptly notify the applicant of any claim, action or proceeding and the City shall cooperate in such defense. The City ma elect, in its sole discretion, to participate "in the defense of said claim, action, or proceeding. Page 3 of 4 NOTICE. No judicial proceedings subject to review pursuantto California Code of Civil Procedure Section 1094.5 may be prosecuted more than ninety (g0) days following the date of this decision plus extensions authorized by California Code of Civil Procedure Section 1094.6 NOTICE. The conditions of project approval set forth herein include certain fees and other exactions. Pursuant to Government Code Section 66020 (d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations and exactions. The applicant is hereby further notified that the 9o- day appeal period, in which the applicant may protest these fees and other exactions, pursuant to Government code Section 66020 (a) has begun. If the applicant fails to file a protest within this 90-day period complying with all requirements of Section 66020 the applicant will be legally barred from later challenging such fees or exactions. 1 the undersigned, hereby certify that the foregoing Resolution was duly and regularly adapted and passed by the Planning Board of the City of Alameda during the Regular Meeting of the Planning Board on the 12th day of October, 2009, by the following vote to wit: AYES: (4) Autorino, Cunningham, synch and Zuppan NOES: (1) Ezzy Ashcraft ABSENT: (2) Kohlstrand and Cook if, Ut of Alameda Plannin Bo Page 4 of 4 dark Street w Gaff for Rev f w Page 1 e 1 i Prom: Frank Matarrese Tv: Jon Biggs CCs frank rnatarrese @yahoo.com, Simone Wolter, Ann Marie Gallant Bate: 10/19f2CU9 9 :02 PM Subject: Re. 1 623 Park Street Call for Review HI ,ion Thank you for providing this information, I will also bring this up tomorrow night, The Call for Review is based on a. challenge to findings 3 and 4: that the proposed project will not have substanti" deleterious effect on the business district that the proposed use relates favorably to the General Plan request Council consideration of the proposed use as it relates to these tvro findings, Please let me know if there is any additional informtion required. Thanks Frank.Matarrese I r r City Council Exhibit 3to Public Hearing Agenda Item ##6 -B 11 -17 -09 CITY OF ALAMEDA RESOLUTION NO. UPHOLDING THE PLANNING BOARD'S DECISION AND APPROVING USE PERMIT APPLICATION NO. PLN09 -0253 FOR A CONVENIENCE STORE LOCATED AT 1023 PARK STREET U. WHEREAS, an application was made on July 27, 2009, by Abdulmalik Harb requesting a Use Permit to operate a convenience store at 1023 Park Street; and WHEREAS the application was deemed complete on August 4, 2009; and WHEREAS, the project site is located within a C -M, Commercial Manufacturing District; and WHEREAS, the project site is located within a Community Commercial General Plan Designation; and WHEREAS, the project site is located within 300 feet of a residential zone district; and WHEREAS, the C -M zoning regulations require consideration of a use permit for a convenience stores within 300 feet of any residential zoning district; and WHEREAS, the Planning Board held a public hearing to consider a use permit application for a convenience store at 1023 Park Street on October 12, 2009; and WHEREAS, after considering all materials submitted and all comments made by all parties, including staff, regarding this application the .Plannin 9 Board made the requisite findings and voted 4 -1 to approve the use permit application subject to a number of conditions; and WHEREAS, the Alameda Municipal code provides that decisions by the Planning Board may be called up for review by a member of the City Council within 10 days of the date of a Planning Board decision; and WHEREAS, the Planning Board's approval of PLN09 -0253 was called up for review by a member of the City Council within the requisite time frame; and WHEREAS, this Council held a de nova public hearing on the use permit application at which all materials submitted and all comments made by all parties, including staff, regarding this application were considered; and Resolution #6 -B 11 -17 -09 WHEREAS, the City Council has made the following findings with respect to the use permit application: 1 The location of the proposed use is compatible with other land uses in the general neighborhood area, and the project design and size is architecturally, aesthetically, and operationally harmonious with the community and surrounding development. The proposed convenience store, would occupy a retail space which has been vacant and boarded up for several years and does not include elements or aspects of operation that are expected to generate significant impacts. 2. The proposed use will be served by adequate transportation and service facilities including pedestrian, bicycle, and transit facilities. The parcel does not provide on -site parking. On- street parking spaces are available on Park Street and Pacific Avenue. AC Transit lines run on Park Street and AC Transit stops are within 1 /4 of a mile of the site. The property is fully developed and does not require additional utilities. 3. The proposed use, if it complies with all conditions upon which approval is made contingent, will not adversely affect other property in the vicinity and will not have substantial deleterious effects on existing business districts or the local economy. The proposed convenience store is not expected to adversely affect ether properties, especially residentially zoned properties, fills a vacant commercial space, and adds to the mix of businesses in the area; thus, drawing additional clientele, which will benefit the business environme nt of the area. 4. The proposed use relates favorably to the General Plan. Continuation of a retail business at this location is consistent with General Plan Policy 2.5.a, which calls for providing enough retail and service space to enable Alameda to realize its full retail sales potential. In addition, the increase in foot traffic and a occupied storefronfwill improve the street ambiance on Park Street North of Lincoln Avenue. BE IT RESOLVED THAT, the project is categorically Exempt from additional environmental review pursuant to CEQA Guidelines Section 15301, Existing Conditions. BE IT FURTHER RESOLVED THAT the city council of the city of Alameda hereby upholds the decision of the Planning Board and approves Use Permit Application No, PLN00- -0253, for the operation of a convenience store subject to compliance with the following conditions: 1. Revocation: This Use Permit may be modified or revoked by the Planning Board, pursuant to Alameda Municipal code section 30 -21.3d should the Planning Board determine that: 1) the use or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity 2 the property is operated or maintained so as to constitute a public nuisance; or 3) the use is operated in violation of the conditions of the Use Permit. 2. Expiration: The Use Permit approval shall expire two (2)years after the date of approval or by November 17, 2011 unless authorized construction or use of the property has commenced. The applicant may apply for a time extension, not to exceed two (2) years. An extension request will be subject r rti r n I k i i k r) 7 r% i r% et A r m i i r~ r f r, r r-%,4 en i i r• k f% -F; I, A 4- 4- A,.% 4, .0 L'V ANtJ 1 VvA1 I-'Y L11 i t..V1 III JLJ f AU11111 IIOL1 ALLA1 01 1U 11 1UOL wru 111CU P1 IVI LU Li 1G UdLC U1 expiration. 3. The project shall be reviewed for compliance with all conditions of approval and any impacts on residential districts one year after obtaining the certificate of occupancy and commencing the business. 4. The sale of paraphernalia typically associated with the use of illegal products, such as hookahs, bongs, water pipes, etc. is prohibited. 5. The applicant shall obtain a sign permit to install a business sign in the pre- existing placeholder on the building's awning. 6. The business' storefront windows shall have minimal signage and must comply with AMC 30 5.4.c which states that no permanent or temporary window sign shall be larger than 10 square feet and shall not occupy more than 25% of the window within the window frame. In addition, all promotional signs may only be posted for a maximum of 30 days. All promotional signs shall state, using letters 1 inch in height, the date the promotional signs were posted. 7. No A- frame signs are Permitted on the sidewalk and public right of way. 8. The applicant shall provide receptacles for trash placed in a location that does not block paths or public walkways. 0. The applicant shall promptly remove litter on a daily basis on Park Street and Pacific Avenue generated by customers of this business. 10. The applicant shall submit an exterior lighting plan for review and approval by Planning division staff for the purpose of providing a well illuminated store front for safety purposes. 11. Prior to any expansion of display areas beyond ghat is shown on the submitted plans, the applicant shall submit plans for review and approval by Planning staff, and if necessary, be reviewed by the Planning Board through the Use Permit amendment process. 12.The applicant is not permitted to expand the sale of tobacco and related products to a level that would place the convenience store on par with a tobacco store. Under no circumstances shall the sale of tobacco and related products exceed twenty percent of the total floor area or 75 percent or more of gross receipt sales pursuant to Alameda Municipal Code 30 -2. 13. HOLD HARMLESS. The applicant shall defend (with counsel reasonably acceptable to the City), indemnify, and hold harmless the City ofAlameda, its Redevelopment Agency, the Alameda City Planning Board and their respective agents, officers, and. employees from any claim, action, or proceeding (including legal costs and attorney's fees) against the City of Alameda, Alameda Redevelopment Agency, Alameda City Planning Board and their respective agents, officers or employees to attach, set aside, void or annul, an approval by the City of Alameda, the Planning and Building Department, Alameda City Planning Board, the City of Alameda Redevelopment Agency or City Council relating to this project. The City shall promptly notify the applicant of any claim, action or proceeding and the City shall cooperate in such defense. The City may elect, in its sole discretion, to participate in the defense of said claim, action, or proceeding. NOTICE. No judicial proceedings subject to review pursuant to California Code of Civil Procedure Section 1094.5 may be prosecuted more than ninety (90) days following the date of this decision plus extensions authorized by California Code of Civil Procedure Section 1094.6 NOTICE. The conditions of project approval set forth herein include certain fees and other exactions. Pursuant to Government Code section 66020 (d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations and exactions. The applicant is hereby further notified that the 90 -day appeal period, in which the applicant may protest these fees and other exactions, pursuant to Cove.rnrnent Code. section 06020 (a) has begun. If the applicant fails to file a protest within this 90 -day period complying with all requirements of section 06020, the applicant will be legally barred from later challenging such fees or exactions. 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 17th day of November, 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 1 8 th day of November, 2009. Lara Weisiger, city clerk City of Alameda COUNCIL REFERRAL FORM Name of Councilmember re referral: Marie Gilmore Date of submission to Cit Clerk (must be submitted before 5:00 p.m. on the Monda before the Council meetin re November 9, 2009 Council Meetin date: November 17, 2009 Brief description of the subject to be printed on the a sufficient to inform the Cit Council and public of the nature of the referral: Cit staff has received new information from the East Ba Re Park District EBRPD) that will necessitate a chan in the direction Cit Council provided at its September 15 meetin The Cit re clarification of the Measure WW Local Grant Pro g uidelines re the g eneral eli of the funds for disbursement to non-profit entitles such as the Alameda Bo and Girls Club. The EBRPD mana confirmed that the proposed Alameda Bo Girls Club (ABGC) recreation center on the former Woodstock School site would be eli for fundin under Measure WW, provided there are joint use a to serve the public at lar To support the statements from the EBRPD mana the Cit Council directed staff to re written confirmation from the EBRPD's outside Bond Counsel underwritin the Measure WW bonds. Because of other polic considerations re projects el that are not related the ABGC's recreation center, EBRPD mana informed the Cit that a le opinion re the eli from their Bond Counsel would not be forthcomin until after an application is submitted b the Cit It is recommended that the Cit Council modif its September 15 direction and move forw ard at its December 1, 2009 meetin to set earl priorities for the WW fundin to include the ABGC recreation center in reliance on the EBRPD mana statement, without a le opinion from Bond Counsel. XTERNAL CORRESPONDENCE The City Clerk's Office received the attached external correspondence regarding Agenda Item #8- on the 11 -17 -2009 Regular City Council Agenda Ann Marie Gallant, Interim City Manager City of Alameda 2263 Santa Clara Avenue Room 320 Alameda, CA 94501 Ann Ma rie: This is to provide you with an update on the City's request for clarification of the Measure VVW Local Grant Program guidelines regarding the general eligibility of the funds for disbursement to non profit or P rivate business uses. As you are aware, the District is working with outside Bond Counsel with respect to this matter. This review has introduced new complexities into the matter, both with respect to the "private business use" tests for the use of tax exempt monies, as well as the implementation of the District's policies on the overall expenditure plan for the bonds. The careful implementation of the program is of significant interest to a number of local agencies and stakeholders in addition to the City of Alameda, and attaining a clear understanding of the matter P rior to the next grant application round is a high priority for the District. For these reasons, the District's Counsel and Bond Counsel continue to review and evaluate, and the District's Board h as requested that the matter be reviewed with our Board's Executive Committee P rior to issuing any clarifying information. This process may continue into early 2010, 1 regret the potential difficulty that this delay may pose for the City Council in setting earl y priorities for the WW funding, but wish to assure you that the amount of funds committed to the City$s projects is secur Additionally, I should also note that more standard applications, such as those previously ap for the Measure AA Local Grant Program, may be processed during the next application period without regard to the non profit or private business use issues that prompted your inquiries. We will provide you with any revisions or clarifications on this matter as soon as possible, and look forward to the receipt of the City's proiect applications in February and March of 2010. erely, c� Dave Collins Assistant General Manager, finance and Management Services cc: Director Doug Siden October 28 2009 Mayor Beverly Johnson Alameda Council Members Alameda City Full 2263 Santa Clara Avenue Alameda, CA 94501 Ali 9 OCT 2009 2. TY ;rte 11 K S OFFICE Dear Mayor Johnson and Council Members.; Dorothy Freeman 2050 Eagle Ave. #4 Alameda, CA 94501 I have enclosed a copy of my letter to Stephen Melikian, the bond council for Measure WW at .Jones Hall, including research] believe should have been .completed prior to the request for funds by the BGC being presented to the Alameda City Council. The BGC tried to rush this decision through the Alameda City Council by claiming they would lose already promised donations if they didn't start construction on their building by year end. The path they took to rush this decision has caused the citizens of Alameda to be placed in a position where it appears they do not support the BGC which is not true The citizens who have spoken out against this request are concerned about the proper use of tax dollars. The path the BGC has taken to make this request has not followed a proper procedure. Mr. Phillips went.directly to Mr. Rasmussen at EBRPD to seek a determination about the BGC eligibility for Measure WW monies. Mr. Rasmussen wrote Mr. Phillip that he thought the BGC would qualify for the funds. Mr. Phillips then took that letter to the City Council, via Council Member Tam, asking therm to endorse the EBRPD.approval. By rushing this request through the City Council, the proper research regarding the request has been bypassed. The text of Measure WW and the publicity requesting the voters to.pass Measure WW never stated that tax monies could be used to build a privately owned club house. The City of Alameda has a responsibility to protect the integrity of the vote.for Measure WW funds to be spent for public parks and public recreation facilities. Alameda .Recreation and Parks Department has the responsibility to provide services for Alameda citizens during these trying times.. Talking $2 million frorn the $3.4 million the city will receive from .Measure vvvv and giving it to the BGC will mean projects planned for public facilities will not be completed. and the citizens of will be denied the services they voted for. Please protect the vote .of the people who want to .support public parks and public recreation with their tax dollars. The enclosed material should assist a review of the BGC request. Respectfully a Dorothy Freeman October 27, 2009 Stephen Melikian Jones Hall 650 California Street 18th Floor San Francisco, CA 94108 -2722 Dear Mr. Melikian; Dorothy Freeman 2050 Eagle Ave 94 Alameda, CA 94501 -1365 I am a resident of the City of Alameda and I am concerned about the integrity of the East Bay Regional Parks Measure Vlfllll bonds because of the request by the Alameda Boys and Girls Club to divert $2 million dollars from Alameda's $3.4 million portion of the bond monies to build a new club house in western Alameda When I voted for Measure WW to extend Measure AA bonds another 25 years I relied on specific statements that I obtained from voter information. Attachment 2 contains the text of the Measure WW` Bond Measure, Impartial Analysis from the Alameda County Council, and Arguments for Measure WW as they appeared on my ballot and in the Voters Pamphlet. This information told me I was voting to provide funds to create specifically listed projects and that 25% of the monies from the bonds would be used by the local governments in each of the cities in the Alameda and Contra Costa counties. (From the Measure bond text "$125 million to use for local parklands with local projects determined on the needs and priorities of local entities on a per capita basis'). All the information I reviewed before voting for Measure WW told me I was voting to improve our parks and recreational properties. Nowhere was I told that I might be voting for monies to be given to a private organization to build a privately owned facility. The Boys and Girls Club of Alameda is a laudable organization. So are the Boy Scouts and the Girl Scouts, Girl's Inc, Miracle League, and many other private organization that are presently, experiencing funding issues due to the state of the economy. All these organizations, including the BGC, serve a limited n urn ber of members. They are not organizations that w i l l provide services to the population of Alameda like our own Alameda Recreation and Parks Department does. But they are all organizations which will believe that they will be entitled to Measure V11W funds along with the BGC. The BGC has developed a plan which they think will allow them to siphon off the Measure WW funds to serve their own purpose. This is not the first time the Alameda club has tried to take over Alameda parkland.. In 2004 when the Alameda BGC decided to move out of their previous club house on Lincoln Ave., they planned to take over McKinley Park as a temporary club house that would become a permanent satellite club once the new club house was built at the West end. As with the present attempt, the club approached the City Manager to assist them in raiding Alameda parklands. McKinley Park at 1.4 acres is the only park in my part of Alameda that is available to serve a population of approximately 10,000 within approximately 1 /2 mile radius of the park. This BGC club has shown an extremely arrogant disregard for the people of Alameda and their need for public parkland. http://Www. ci. aameda. ca. uslarchivel2OO4lpdflcouncil minutes04081 pdf ORAL COMMUNICA NON-AGENDA. Here is a summary of the issues I am concerned with: One major issue with approving Measure WW monies for the BGC is the ownership of the building they are seeking funds to build. This building will be on property leased from AUSD but will be owned outright by the club. The City of Alameda, who will be the grantee of the monies, will not have any oversight over the property it could be investing in with tax dollars meant for parks and recreation. This is contrary to the specifics of the law as it appears on the EBRP's web site. Alameda city as the "grantee" must have control of the facilities. The BGC is a private organization. As a chartered member of the national organization, they are required to follow specific requirements. Requirements dictate the number of hours and days the club properties must be available to their membership. Measure V1111V states the hours a property must be available for public use. The hours required for Measure WW and the BGCA are the same so there will be a conflict for usage for the facilities. The joint use agreement developed by the Alameda Acting City Manager transfers all decisions and control of the proposed club to the BGC who will not be the "grantee Section V of the Measure WW states the "grantee" must be in control of the lands and facilities that Measure WW funds are .used for. EBRP has stated the City of Alameda is the "grantee The "joint use agreement" developed between the City Manager and the. BGC contains language that will turn over control of the facility to the BGC. Such phrases as "without express written permission from the Club "Club operate .a schedule .of their own determination" and "Club will provide the city with rules, regulations, and policies for.facility" place the city in the position of being an agent for the club instead of the club being an agent for the city like agreements other cities have with private organizations who have benefited from Measure AA monies. During club hours access to the areas used by club members .cannot be co-- mingled with public persons (citizens of Alameda) because background checks are required for all .adults entering the areas in use by club members. As stated by Mr. Sherrat, a club board member at a city council meeting "Vlle.can't have people jusf wandering in any time they want Translation: this will not be a facility the public will have access to. The "new" recreation services proposed by the BGC will not be new and are not needed by the public citizens of Alameda. These services are now. offered to the public by Alameda Recreation and Parks .andlor existing organization in Alameda .who. cooperate. with Alameda Recreation and Parks. What the .citizens .of Alameda need is the $3.4 million so they can improve the facilities Measure WW was meant for, public parks and recreation, and not a private facility that will serve a limited number of.club members. Alameda has plans for two new parks that are.exactly what the spirit.and the law. of Measure WW is for. These two parks are included in the City of Alameda Master. Plan. The Beltline park is 22 acres that will be owed by the City of Alameda in the near future. Measure WW funds would help develop this piece of land into a wonderful °`regional" park. Estuary Park .would be 10 acres along a 1200 foot frontage on the Estuary. The preservation of coastal land is a major part of the Measure 1!1!111! law. The land which is private ly.owned .would be perfect for the new park acquisition as stated. in .Measure Vv11V .law. Alameda Recreation and Parks department developed a list of projects including these 2 parks, and .existing parks and recreation properties that need improvements. This .list has been rearranged and two major projects removed from the list to free up the $2 million requested by the .BBC. These are park projects that are important to .the people who live in Alameda; people who voted for Measure 1111VV so there would be .monies for their parks. They did not vote to build a limited use club house for the Boys and Girls Club. Attachments: In Attachment I I have included additional documentation with web links to support items I have referenced in my summary. This documentation provides a valid reason for not approving the request by the Alameda Boys and Girls Club to receive the $2 million they have requested from Measure VllW bond monies. Italicized text are direct quotes from the referenced material and are followed by the web links to the documents that contain the quoted material. County Council, and Arguments for Measure WW This is the voter pamphlet information voters relied on to determine if they should vote for this measure. Allowing public monies to be used for private organizations will place the future passage of park and recreation bond votes in jeopardy. Thank you for taking the time to review this information. Cc: Doug Siden: EBRParks Board Member, Alameda Ted Radosevich: District Counsel EBRParks Ann Marie Gallant: Acting Alameda City Manager Honorable Mayor and City Council Members: Alameda Respectfully, Dorothy Freeman Attachment 1. City Council Member Lena Tam states in her Council Referral Form "George Phillips, the Executive Director of the Club, secured pre approval of the recreation center from the EBRPD See referenced document on page 1 at: http://www.ci.alameda.ca.us/archive/2009/attachments/cc sub 2542. df The pre approval referenced by Councilmernber Tam is included in a letter from Jeff Rasmussen to George Phillips; August 12, 2909. The letter states: "I have reviewed the Boys and Girls Club project and I believe it is eligible under the ww Local Grant Program in the same letter, Mr. Rasmussen indicates there are qualifications that must be met in addition to his statement of approval. If the project application meets the program guidelines including but not limited to CEQA Land Tenure Budget, Operations and Maintenance then I would recommend the application for approval....... Be certain the Joint Use Agreement meets the requirements of Section v of the guide lines See referenced document on page S at: http: /www.ci.alameda.ca.us/ archive 2009 /attachments /cc_sub_2542.pdf 2. Section V of the guidelines states that the Grantee, the City of Alameda, just retain "tenure" over the property and expressly states the city must be in control of the asset where the monies are used. V. ADMINISTRATIVE PROVISIONS Land Tenure Requirements rements For Development Projects, Applicants mast provide evidence to the District that they have adequate tenure and site control of properties to be improved. Tenure includes but is not limited to: o Ownership Lease Easement Joint powers or similar agreement Adequate site control is considered the power or authority to manage, direct, superintend, restrict, regulate, govern, administer, oversee a plot of ground suitable or set apart for some specific recreational use. Recreation projects on school property should be available for public during priority recreation hours starting at 3:30 p.m. weekdays and all day on Saturday. The District requires that the Grantee have authority to use the property for public recreation for at least 25 yea rs of laird tenure from the date of Application. See referenced document on page 10 at: httr)://www.ebr) Guide WW Local Grant Pre ram -c. df Statements by Mr. Rasmussen of EBRPD at the City Council meeting of Sept 15 affirms that the City of Alameda is the party responsible for the monies they will receive from Measure WW. A. Page 2: Mr. Rasmussen responded in the affirmative; stated EBRPD would not have a relationship with the City's agent. B. Page 3: Mr. Rasmussen responded control and management would be the City's fiduciary responsibility. See referenced document on page 2 &3 at: http /www.ci.a la med a .ca us /a rch ive /2009 /attach ments/cc_m in ute_090915_1373. pdf Dorothy Freeman October 27, 2009 Page 1 3. The $2 million funds requested from the Measure WW by the BGC will be used to construct a club house building on property leased from the Alameda Unified School District. The club building to be constructed on the site will be o wned outright by the BGC. My understanding of previous relationships where a non profit has a joint agreement project funded with BBRP funds, the non profit is hired by a city to provide services to the city. In Alameda the BGC will manage, direct, superintend, restrict, regulate, govern, administer the facility and not the City of Alameda, the grantee of the funds. It also seems to me that as the owner of the building, the BGC would have a legal right to sell the building. Statements by BGC officials clearly indicate- the club would be private and not a public facility. Alameda City Council meeting minutes Sept 15, 2009 Agenda Item 8 -A Mayor Johnson inquire w hether th pu blic would not h ave any restrictions after 3:30 p. m. Mr. Sherrat responded adults could not just walk in and start playing; stated everyone has to be screened by the Police Department; adult basketball world be available in the evenings when children are not at the facility, See Page 8 continues to page 9 George Phillips, Boys .Girls Club, stated all programs, including Recreation and Park programs, are age restricted; the facility would not be like a ,nark that someone could walk through. See Page 11 Mayor Johnson inquired who would own the property, to which the Interim City Manager responded the non profit. See referenced document on page 8 and 9 at: htt s�alameda. ranicus.corrrl ediaPla er. h vew id2cli id521 ublish id�event id= Any public access to the facility would have to be after club hours. These are the same hours Measure wlltl states facilities are to be open to. the public. Procedural Guide for the LOCAL GRANT PROGRAM Adequate site control is considered the power or authority to manage, direct, superintend, restrict, regulate, govern, administer, oversee a plot of ground suitable or set apart for some specific recreational use. Recreation projects on school property should be available for public use starting at 3:30 p.m. weekdays and all day on Saturday. See referenced document on page 10 at: http ://Www. ebparks. orglfilesIProcedural Guide ww Local Grant Program. Alameda City Council meeting minutes Sept 1, 2009 Council Referrals Councilmember Gilmore inquired how late th Boys and Girls Club is open. Mr. Phillips responded weekdays until 7 :00 p. m.; Friday's until 8: 00 p. m.; all clay Saturday; every day during summer an spring a nd holiday breaks; See referenced document on page 10 at: http :llwww. ci. alameda. ca. uslarchive120091attach men tslcc minute 090991_ 1364. pdf 4. The fallowing proposedJoint use agreement will be a contract agreement that will identify the City as an agent to the Club. The Club will be in control of the facility with the City of Alameda and it's citizens as occasional visitors at the facility (but only after they go through a police background check). The proposed joint use agreement between the City of Alameda and the Alameda BGC contains the following Bold emphasis have been entered by me. 3. PERMITTED USES OF FA CILITIES A. The Alameda Unified School District will be entitled to the use of the FACILITIES for public school and school related educational and recreational activities during normal school hours during the normal sc terra excluding. Summer school,lschool holidays, s ummer, spring and holiday breaks, and any other times that the school district is not in regular session without expressed written permission from the CLUB. Dorothy Freeman October 27, 2009 Page 2 B. CLUB will operate the Youth Development Center during pre and after school fours, weekends., holidays, and vacation periods on a schedule of their own determination, C. City will operate Woodstock Park according to plans developed and permitted by the City. D. CLUB reserves the right to extend usage of the FACILITIES to other community partners, and other entities as it sees fit in order to provide comprehensive youth services to the community. Such uses shall not interfere with the CITY'S permitted use of the FACILITIES. E. CITY will use the facility to offer City sponsored recreational programs for youth or adults. Such programs are subject to the following conditions: a) programs for adults over the age of 18 must not overlap programs offered by CLUB or CITY unless secure, monitored physical separation between adult programs and youth programs can be maintained, and b) CITY provided staff or volunteers participating in programs held at the Youth Development Center must have completed a background check at both the state and federal level including fingerprinting and a sexual predator review. F. CITY may operate programs using its own staff or may operate programs by contracting with another entity, including but not limited to, the staff of the Alameda Boys Girls Club. Entities involved in such contract arrangements will be subject the restrictions listed in Section 3F and listed in any other part of this agreement. 6. OBLIGATION OF CITY E Enforce CLUB roles ,policies on behavior and comportment when using CLUB FACILITIES. The CLUB will provide the CITY with rules, regulations, and policies For FACILITY. E. Enforce CLUB rules and policies on behavior and comportment when using CLUB FACILITIES. The CLUB will provide the CITY with rules, regulations, and policies for FACILITIES. See referenced document on page 21 and page 23 at: httr)://www ,ci.alameda-ca.us/archive/2009/attachments/cc sub 263 df These statements from the "joint agreement" make it clear that the CLUB will be the decision making "authority" for the building. The City of Alameda the "Grantee" for the Measure W W monies w i l l not be. The provision of the "joint agreement" that gives the Club full decision making authority for the building is illegal per the requirements of Measure WW which states "The District requires that the Grantee have authority to use the property for public recreation" From the BGCA Article III Operating Standards for Clubs and Extension Clubs It shall have a Clubhouse or separate Club quarters which can be identified as a Club for its members. Use by any others shall not substantially limit the use of rooms, facilities and equipment by the members. 5. During the City Council meetings of Sept 1st, and Sept 15th members of the Boys and Girls Club, including Mr. Phillips stated several times that the local club is not able to obtain grants from the national Boys and Girls Club of America in Atlanta, Ga. The public documents on the national site include Form 990 from the national's 2008 tax return which lists membership clubs that have received grants from the national organization. See referenced document pages 40 -93 at: http:Ilwww. beca. orglwhoweareldocuments l2oo8Form99o. pdf 5. The following quotes from the letter George Phillips Executive Director sent to the City Council and the City Manager indicates the recreation services the BGC are stating they will provide will not actually be provided by the Club but from "partnerships" with the organizations that are already providing them. Dorothy Freeman October 27, 2009 Page 3 This figure does not include the services that will be provided by our many other partners including the Alameda Unified School District, Alameda Youth Basketball Alameda Family Services Alameda Civic Light Opera, Alameda Point Collaborative East Bay Regional Parks Alameda County Regional Occupation Program, Alameda Adult School, Cal State University East Bay, Peralta Community Colleges, and the City of Alameda itself through the Recreation and Park Department. The planned facility will serve thousands of children and adults each year through not only Boys Girls Club programs but through the services of ali our partners and potential partners. ....Seniors programs may include health and safety clinics, the gymnasium computer lab, gages room and other features. Adult basketball leagues can possibly run in the evenings and on weekends. Community groups can meet in the various rooms in groups from 3 to 300. Service Clubs like Rotary and Kiwanis schools and other non profits can hold events and fundraisers. .....the Recreation and Parks programs (Tiny Tots Short Shooters Basketball Indoor Soccer, etc. that will have a new state --of the art facility for their use; the youth in the ACLC Performance Arts Summer mer Camp and the children who participate in Alameda Youth Basketball every year. See referenced document on page 3 at: htt Alvww. ci. alan eda. ca. uslarchivel 000lattachmentslcc sub 2542. df The services listed above are already provided by other organizations in Alameda and by the .Alameda Recreation and Parks Department. Alameda is blessed. to .have a senior center, second to none, which provides many more services to our seniors than the BGC is suggesting they will provide. What is more important than who will provide the services is the fact that they are public services, available to all .c.itizens who don't have to have permission from a private club to use the facilities and do not require background police checks. 7. One of the resources made available to the City of Alameda..fro.m. the closing of the Alameda Laval Station is the former military Alameda Point gyms. This gym is twice .as large as the proposed .BCC gym and is presently open for public recreational use. The Alameda Point gym is one of the projects on the original list developed by Alameda Recreation and Parks as suitable for Measure WW funds.. That project has now been. eliminated from the list to free up Measure VWV funds for the BGC if it is determined they are eligible. What logic is therein losing an already valuable asset that is used by the public and exchange it for a new asset that would be private and controlled by a private organization? 8. The Alameda Recreation and Parks Commission has twice voted and written to the !city council stating they do not agree with the request from the BGC and have voted unanimously against the BCC request. See referenced document on page 29 at httn: lwww. ci. alamedaa cax uslarchivel o0 1attachments1cc sub 2 `31, df Dorothy Freeman October 27, 2009 Page 4 Attachment 2 Text of Measure V11W Bond Measure, Impartial Analysis from the Alameda County Council, and Arguments for Measure WW. To continue restoring urban creels, protect wildlife, purchaselsave open space, wetlandslshoreline, acquireldeveloplimprove local and regional pants, trails and recreational Facilities, shall East Bay Regional Park District be authorized to issue up to $500 million in general obligation bonds, provided repayment projections, verified by independent auditors, demonstrate that property tar rates will not increase beyond present rates of $1 a per yearn per $1 00,000 of assessed valuation? Impartial Analysis from the Alameda County Counsel !Measure ww, an Fast Bay Regional Park District "District') bond measure, seeks voter approval to authorize the governing Board of the District to cause general obligation bonds to be issued and sold in a principal amount not to exceed $500, 000, 000 at interest rates within the statutory limit. The measure's purposes are to finance the District's completion of its Regional Park District Master Plan by acquiring and improving regional parks, trails and recreation facilities, and purchasing and restoring open space and wildlife corridors and to provide funds to cities and local park and recreation districts for acquisition and development of local parklands. Pursuant to Califomia Public Resources Code Section 5568 and California Government Code Section 43614, this Treasure will become effective upon the affirmative vote of at least two thirds of the qualified electors voting on this treasure. If two- thirds of those voting on the treasure vote "yes'; the District will be authorized to issue general obligation bonds in an amount not to exceed $500,000,000. Proceeds from the sale of the bonds may only be used for. the projects listed in the Measure, which include completing the District's Master Plan Projects, creating a reserve fund for unanticipated future project needs, and assisting with financing the acquisition and improvement of local park and recreation facilities. Issuance of the bonds would pay to restore urban creeks; protect wildlife; purchase open space, wetlands and bay shoreline; and acquire, develop and improve both local and regional parks, trails, and recreational facilities. The specific projects are listed on Exhibit I to the District's ordinance No. 2008 -8 -200 printed in this Voter Pamphlet, and are balanced on a population basis. among the District's three regional planning areas. The District would receive $350 million for regional projects, which amount includes a reserve for unanticipated needs or opportunities. Cities and local park and recreation districts, including the Oakland Zoo, would receive $725 million to use for local parklands with local projects determined on the needs and priorities of local entities on a per capita basis. Approval of this treasure will authorize the District to levy an ad valorem tax on the assessed value of real property within the District by an amount needed to pay the principal and interest on these bonds in each year that the bonds are outstanding. The Tax Rate Statement for Treasure ww printed in this doter Pamphlet reflects the District's best estimates, based upon currently available data and projections, of the property tax rates required to service the bonds. The proposed measure provides that bonds will not be issued unless independently verified repayment projections demonstrate property tax rates will not increase above the present tax rate commitment of not to exceed $70 per $100,000 assessed valuation. This provision, however, does not limit the District from levying the tax at a rate sufficient to pay the debt service on the bonds. If not approved by two- thirds of those voting on this treasure, the treasure will fail and the District will not be authorized to issue the bonds. RI B'. WIII NIE County Counsel The above statement is an impartial analysis of Measure WW, which measure is printed in full in this sample ballot pamphlet. If you desire an additional copy of the measure, please call the Bast Bay Regional Park District office at (570) 544 --2020 and a copy will be mailed at no cost to you. Arguments For Measure ww Mote Yes on treasure ww to protect and preserve our East Bay Regional Parks. The Fast Bay Regional Park District {F,BRP]) is widely considered to be one of the most successful examples of integrated parklands in any urban area in America. Dorothy Freeman October 27, 2009 Page 5 With Alameda and Contra Costa Counties` populations growing rapidly, Measure ww is needed to preserve our vanishing open space, available parklands, and shoreline. Measure vllW extends the existing parks bond measure passed by voters in 1988. The 2008 bond extension will not increase your taxes. It has bipartisan support. The original 1988 ballot measure made possible our current system of parks, thousands of acres of protected open space, and hundreds of miles of trails throughout Alameda and contra Costa counties. All of the revenue from 2008's pleasure WW is local and will stay in our two counties to protect and preserve our parks. 25% of the revenue will fund city parks and recreation departments. 75% will fund regional park acquisitions, open space preservation, new parks and trails for walking, hiking, and biking, environmental maintenance, the rehabilitation of aging park facilities, and wildlife habitat restoration. Measure WW is also crucial for environmental sustainability. The vegetation in our Regional Parks absorbs the same amount of carbon dioxide that is produced by over 80,000 cars. Voting yes on WW will help us fight global climate change at the local level. Measure WW will also help protect and renew our urban creeks and ponds, which will enhance the quality of drinking water for our communities. A citizen's oversight committee will ensure that pleasure WW's funding is spent as promised. Measure WW has something for everyone. For a complete project list, please visit http.11www.yesforparks.org Vote Yes on Measure WW for our East Bay Regional Parks. George Miller Sierra club San Francisco Bay Member of congress Chapter Norman La Force, Chair Ayn Wieskamp Doug Siden President, East Bay Regional Park chair, Yes For Parks Committee District Board of Directors Marion Taylor, Vice President, Action League of Women Voters of the Bay Area Dorothy Freeman October 27, 2009 Page 6 Dear Mayor and City Council Members; I support the acquisition and development of Estuary Parr at oak and Clement Streets, along the Estuary, as promised in the 199 Alameda Master Plan and recommended as a open space project worthy of support using ww bond monies as recommended this year by the Alameda Recreation and Park Commission. The ww bond was recently passed by Alameda County voters to extend support for the Past Bay Regional Parks District, one of the most successful open space civic enhancements in the United States. Alameda's share of the ww bond will be A million. Alameda has the opportunity to replace 10 acres of formally active industrial land along the Oakland Alameda Estuary with a beautiful parr.. The part{ would provide sports activities and open space for civicactivities to an area of Alameda that is park poor. only a small 112 acre parr, McKinley Par lies within a one mile radius of the proposed park. The oak Street Estuary Park would lie directly across the Estuary from Oakland's Union Point Park and just one block from the Parr Street Bridge, the "Gateway" entrance to Alameda. This 10 acre stretch of land on the water front is the last place along the Estuary where a parr can be developed to serve all the citizens of Alar eda and guests to our city. Estuary Park, with an entrance at oak and Blanding, could be a wonderful, active parr supporting a soccer field, track field, softball field, tennis courts, a basketball court, a children's playground, picnic area, four acres to be used for outdoor meetings and a sta.ue for performances and civic ceremonies, two floating docks for launching recreational craft and a water -taxi harbor, parking lot, 1200 feet of bay trail along the waterfront, along with restrooms and equipment storage space. We strongly recommend that the Alameda City Council approve the project as an open space project to be support in part by WW bond monies. Signed: Pr in t e d name: Signed: 4 x 4 u,. Printed name Signed: i!!� Printed name: Signed: Ul Printed name �7/ f- Z kUV4�'V C),Are A -4 A- Date: I Y Date: C6 0 Date: Dear Mayor and City Council Members; I support the acquisition and development of Estuary Park at oak and Clement Streets, along the Estuary, as promised in the 1991 Alameda Master Plan. and recommended as a open space project worthy of support using ww bond monies as recommended this year by the Alameda Recreation and Park Commission. The WW bond was recently passed by Alameda County voters to extend support for the East Bay Regional Parks .District, one of the most successful open space civic enhancements in the United States. Alameda's share of the ww bond will be $3.4 million. Alameda has the opportunity to replace 10 acres of formally active industrial land along the Oakland Alameda Estuary with a beautiful park. The park would provide sports activities and open space for civicactivities to an area of .Alameda that is park poor only a small 1I2 acre park, McKinley Park, lies within a one mile radius of the proposed park. The oak Street Estuary Park would lie directly across the Estuary from Oakland's Union Point Par and just one block from the Parr. Street Bridge, the "Gateway" entrance to Alameda. This 10 acre stretch of land on the water front is the last place along the Estuary where a parr can be developed to serve all the citizens of Alameda and guests to our city. Estuary Park, with an entrance at Oak and Blanding, could be a wonderful, active part{ supporting a soccer field, track field, softball field, tennis courts, a basketball court, a children's playground, picnic area, four acres to be used for outdoor meetings and a stage for performances and civic ceremonies, two floating docks for launching recreational craft and a water-taxi harbor, parking lot, 1200 feet of bay trail along the waterfront, along with restroorns and equipment storage space. We strongly reconu that the Alameda City Council approve the project as an open space project to be support in part by ww bond monies. Signed: Printed name: t a Signed: r Printed name: s Signed:,,,. F= Printed name: Signed. Printed name Date: Date: 7 Date: Date: 0 Dear Mayor and City Council Members; I support the acquisition and development of Estuary Park at oak and Clement Streets, along the Estuary, as promised in the 1991 Alameda Master Plan and recommended as a open space project worthy of support using ww bond monies as recommended this year by the Alameda Recreation and Park Commission. The ww bond was recently passed by Alameda County voters to extend support for the East Bay Regional Parks District, one of the most successful open space civic enhancements in the united States. Alameda's share of the ww bond will be $3.4 million. Alarneda has the opportunity to replace 10 acres of formally active industrial land along the Oakland Alameda Estuary with a beautiful park. The park would provide sports activities and open space for civicactivities to an area of Alameda that is park poor. only a small 112 acre park, McKinley Parr, lies within a one mile radius of the proposed parr. The oak Street Estuary Parr would lie directly across the Estuary from Oakland's Union Point Parr and just one block from the Park Street Bridge, the "Gateway" entrance to Alameda. This 1 acre stretch of land on the water front is the last place along the Estuary where a park. can be developed to serve all the citizens of Alameda and guests to our city. Estuary Park, with an entrance at oak and Blanding, could be a wonderful, active parr supporting a soccer field, track field, softball field, tennis courts, a basketball court, a children's playground, picnic area, four acres to be used for outdoor meetings and a stage for performances and civic ceremonies, two floating docks for launching recreational craft and a water -taxi harbor, parking lot, 1200 feet of bay trail along the waterfront, along with restrooms and equipment storage space. We strongly recommend that the Alameda City Council approve the project as an open space project to be support in part by ww bond monies. Signed: Printed i Signed: Printed i Date: Sig Date: t a Pr name: Signed: Date: 0 Date:r Printed name: w Dear Ma and Cit Council Members; support the ac and development of Estuar Park at Oak and Clement Streets, alon the Estuar as promised in the 1991 Alameda Master Plan and recommended as a open space project worth of support usin WW bond monies as recommended this y ear b the Alameda Recreation and Park Commission. The WW bond was recentl passed b y Alameda Count voters to extend support for the East Ba Re Parks District, one of the most successful open space civic enhancements in the United States. Alameda's share of the WW bond will be $3.4 million. Alameda has the opportunit to replace 10 acres of formall active industrial land alon the Oakland Alameda Estuar a beautiful park. of The p ark would provide sports activities and open space for civicactivities to an area of Alameda that is park poor. Onl a small 1/2 acre park, McKinley Park, lies within a one mi'le radius of the proposed park. The Oak Street Estuar Park would lie directl across the Estuar from Oak-land's Union Point Park and J ust one block from the Park Street Brid the "Gatewa entrance to Alameda. This 10 acre stretch of land on the water front is the last place along the Estuar where a park can be developed to serve all the citizens of Alameda and g uests to our cit Estuar Park, with an entrance at Oak and Blandin could be a wonderful, active park supportin a soccer field, ­t, track field, softball field, tennis courts, a basketball coui a children's pla picnic area, four acres to be used for outdoor meetin and a sta for performances and civic ceremonies,, two floatin docks for launchin recreational craft and a water-taxi harbor, parkin lot, 1200 feet of ba trail alon the waterfront, alon with restrooms and e stora space- We stron recommend that the Alameda Cit Council` approve the pro as an open space pro to be Z:� support in part b WW bond monies. Si c Date: lc�``� I Printed name- S i cyned Date: Printed a ame: Si Printed name: V:14� ej Si g ne d. Printed name: i C= Date Date- 2_1 NOV 0 2009 C I T`Y 0 F A kA NAI, E D A 41% CURRENT APPLICATIONS COMMISSION ON DISABILITY ISSUES FIVE VACANCIES (Three full terms expiring 6/30/13, two partial terms expiring 6/30/11) Ethel Warren Re: Agenda Item #9 -A 11-17-09 CURRENT APPLICATIONS HOUSING COMMISSION SOUR VACANCIES (Three partial terms expiring 06/30/10, one of which is the Tennant seat; and one full term expiring 06/30/13) Clifton J. Smith CURRENT APPLICATIONS YOUTH ADVISORY COMMISSION THREE VACANCIES (fine full terns expiring $131111; two partial terns expiring $131110) Samantha J. Chin 'rent Liu Kelley N.I. Villa UNAPPROVED MINUTES OF THE SPECIAL JOINT CITY COUNCIL AND COMMUNITY IMPROVEMENT COMMISSION C I C MEETING TUESDAY- -NOVEMBER 3, 2009- 7:31 P.M. Mayor /Chair Johnson convened the Joint Meeting at 10:48 p.m. ROLL CALL Present: Councilmembers/Commissioners d.eHaan, Gilmore, Matarrese, Tarn., and Mayor /Chair Johnson 5. Absent: None. MTT\TTT`T'T`q 09- CC /09 CIC Minutes of the Special Joint City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission Meeting held on October 20, 2009. Approved. Vice Mayor /Commissioner deHaan moved approval of the Minutes. Counc.ilmember /Commissioner Matarrese seconded the motion, which carried by unanimous voice vote 5. AGENDA ITEMS 09- CC Recommendation to Approve an Amended. and Restated Promissory Note in the amount of $190,000 and an Amendment to the :HOME Regulatory Agreement for 461 Haight Avenue Between the City and ALL Housing, Inc.; and 09- CIC Recommendation to Approve a Grant Agreement in the Amount of $80,000 and an Affordable Housing Maintenance Covenant for 461 Haight Avenue Between the Community Improvement Commission and ALL Housing, Inc. The Economic Development Director gave a brief presentation. Councilm .ember /Commissioner Matarrese inquired whether the cash flow would go to a positive side so that the property would be maintained. The Economic Development Director responded the positive cash flow is not extraordinary; stated there would still be a struggle but the cash flow would provide for maintenance and needed. services. Councilm ember /Commissioner Matarresse moved approval of the staff recommendation with the condition that the property be maintained Special Joint Meeting Alameda City Council and Community Improvement Commiss -,on November 3 2009 with the benefit from the payoff as well as the grant. Vice Mayor/Commissioner deHaan .inquired whether staff has looked into the opportunity of purchasing the property for the Housing Authority. The Economic Development Director responded that she is not sure whether the Housing Authority reviewed the matter; stated the operator is very responsible. Vice Mayor /Commissioner deHaan stated oversight is needed to ensure that the property does not get into trouble again; funding could be better utilized from the Housing Authority. Vice Mayor /Commissioner deHaan second the motion. Under discussion, the Economic Development Director stated staff collaborated with the Housing Authority on what would be the best way to work on the project. Mayor /Chair Johnson stated Resources for Community Development manages other projects in the City and does a very good job; concurred with Coucilmember /Commissioner Matarrese's suggestion .included in the motion. Councilmember /Commissioner Tam commended staff for the creative restructuring; stated the project is the only resource the City has for the disabled. On the call for the question, the motion carried by unanimous voice vote 5. 09- CC Recommendation to Accept Public Streets within Bayport Alameda, Approve a Lease for the Use of the Community Building and a Reciprocal Easement Agreement Per the Joint Use Agreement Between the Alameda Unified school District and the City, and Authorize the Interims. City Manager to Execute and Authorize Execution of Documents for Completion of Bayport Alameda Project obligations; and 09- CIC Recommendation to Approve Quit Claim Deeds Conveying the Public Streets and Bayport Park and Storm Treatment Pond Properties from the Community Improvement Commission to the City, Approve an Access and Maintenance Easement from the Community Improvement Commission to the City for Segments of the storm Drain System, Adopt the Bayport Project Budget for Fiscal Year 2009 -2010, and Authorize Execution of Documents for Completion of Bayport Alameda Project Obligations. Special Joint Meeting 2 Alameda City Council and Community Improvement commission November 3, 2009 The Economic Development Director gave a brief presentation. Vice Mayor /Commissioner deHaan inquired whether the CIC residential profit participation revenue is over and above the base price. The Economic Development Director responded in the affirmative; stated the $19.3 million pays for project obligations; stated all of the profit participation and land sale proceeds received from the project go back into the project to retire obligations; a 7 million obligation for the developer advance still remains; profit participation expectations were higher two years ago. Vice Mayor /Commissioner deHaan inquired whether State level problems and redevelopment fund take aways will have any affect on the bond. The Economic Development Director responded in the affirmative; stated the State's financial condition has hurt the bond market; stated redevelopment bonds have done much better than other types of bonds; today's bond market is much higher than a couple of years ago; nobody will allow the City to bond until how the City will make the State payment is determined; the City has the capacity to issue a bond much larger than recommended by staff; that she recommends not to bond to capacity because of State uncertainties. Vice Mayor /Commissioner deHaan inquired whether staff would provide a complete bond overview, to which. the Economic Development Director responded in the affirmative. Councilmember /Commissioner Matarrese stated the City has the capacity on paper; estimates were raised as the project was built; using revenue streams to pay bonds back is subject to State take aways; the state's structural problems are not going to be remedied. The Economic Development Director stated that she has had conversations with the Interim City Manager /Executive Director regarding consideration of strategies for just using tax increment generated off the project for the next year or so. Mayor /Chair Johnson inquired what is the annual tax .increment from the project. The Economic Development Director responded there is $866,000 per year in existing deb t bonds that anchor the project. over $3 million; stated service payoff of old Special Joint Meeting 3 Alameda City Council and Community Impravellient Commission November 3, 2009 Vice Mayor /Commissioner deHaan stated the State take aways are going to be a maj or concern. The Economic development Director stated everyone is frustrated by the situation; rules seem to change or get developed along the way with respect to State payments; a lawsuit has been filed regarding the legitimacy of taking money; the lawsuit would be appealed if successful; the money will sit in a bank account or trust and not be put to productive use in the community. Councilmember /Commissioner Matarrese moved approval of the staff recommendation. Vice Mayor /Commissioner deHaan seconded the motion, which carried by unanimous voice vote 5. ADJOURNMENT There being no further business Mayor /Chair Johnson adjourned the Joint Meeting at 11:11 p.m. Respectfully submitted., Kara weisiger, City Clerk Secretary,.CIC The agenda for this meeting was posted in accordance with the Brown Act. Special Feint Meeting 4 Alameda City Council and Community Improvement Commission November 3, 2009 DRAFT MINUTES OF THE SPECIAL COMMUNITY IMPROVEMENT COMMISSION MEETING WEDNESDAY- NOVEMBER 4, 2009- 7:01 P.M. Chair Johnson adjourned the Special Meeting at 7:05 p.m. ROLL CALL Present: Commissioners deHaan Gi lmo re Matarrese, Tam, and Chair Johnson 5. Absent: None. COMMISSION REFERRAL 09- Status of the Fleet Industrial Supply Center FI SC Development Presentation by Catellus. The Economic Development Director gave a brief presentation; stated the issue could be addressed on December 2. Commissioner Matarrese stated there has not been a face to face for almost a year; the City should ensure compliance with the Development Agreement and know what will be done in the event of any deviation; if the Commission concurs, the presentation should also include a progress report on Willie Stargell. The Economic Development Director stated. the Stargell project landscape bids are being prepared a bit in advance of the schedule. Commissioner Matarrese stated. the $2 million bill to take down the hospital building should be included. Chair Johnson requested a summary of upcoming deadlines; stated the issue should be part of the discussion. Commissioner Tam stated Catellus is going before the Planning Board on December 14 to meet reporting requirements;; inquired whether the Planning Board presentation would be regarding something that would occur after the December 2 CIC briefing. The Economic Development Director responded in the negative; stated that she has the information that will be presented to the Planning Board; Catellus would have different staff at the two briefings; the Catellus staff person attending the CIC briefing would come up from Southern California. In response to Commissioner Tam f s inquiries regarding Cate llus s headquarters and Oakland office, the Economic Development Director stated Catellus still has staff in Oakland, including the Project Special Meeting Community Improvement Commission November 4, 20C9 and Marketing Manager Sean Whiske -tan; Catel lus has a large presence in Southern California and headquarters in Colorado. Chair Johnson inquired whether the report could include an update from the Marketing Manager on marketing activities and goals for the next year or tiro, to which the Economic Development Director responded in the affirmative. Commissioner Gilmore stated the Commission received a status report that was not provided to the public; requested the presentation include any information that can be disclosed. about Target. Commissioner deHaan stated the City provided additional funding from the sewer bond for the Stargel l project; requested information on Catel lus' s payment burden. ADJOURNMENT There being no further business, Chair Johnson adjourned the Special Meeting at 7:13 p.m. Respectfully submit Led, Lara Weisiger Secretary The agenda for this meeting was posted in accordance with the Brown Act. Special Meeting 2 community Improvement commission November 4. 2009 CITY OF ALAM E DA 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: November 17, 2009 Re: Introduce an ordinance Amending the City of Alameda Municipal Code .by Adding Subsection 0 -17 that will Provide for Density. Bonuses. and Concessions or Incentives to Projects that Voluntarily Propose Affordable Housing Units, Adept a Negative Declaration in Compliance with the California Environme.ntal..Quality Apt, .and Adopt a Resolution. Reducing the Inclu.s.ionary 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% BACKGROUND On October 20, 2009 the City Council/Community Improvement Commission considered the introduction of a Density Bonus ordinance and changes to the inclusionary unit. requirement policy for residential developments in the Business and Waterfront and vilest End Community Improvement Project areas. Following the staff. presentation, public comment, and deliberation, the City Council referred the ordinance back to.. staff for modification. Based on the City Council's direction, the ordinance has been revised. DISCUSSION Language was added. to make it .clear that a site with residential densities. higher than allowed by the General Plan or zoning code would not be eligible for a density bonus request. This.addition of this language.addressed one concern raised by the Alsrneda Architectural Preservation Society. (See section 30-17.4 of the revised ordinance) The Density Bonus Application requirements (now subsection 30-17.4) and Density Bonus Standards (now subsection 30-17.5) were moved within the ordinance and now follow the definitions section. This change groups these two closely.related subsec .tivns together at the front of the ordinance so that the public, decision makers, and staff .are ccicic Pubic Hearing Agenda Item #3mA 11 ml 7709 Honorable Mayor and November 17, 2000 Members of the city Council Page 2 of 3 Honorable chair and Members of the Community Improvement Commission informed early in their review of the ordinance of application submittal requirements and standards applicable to density bonus requests. Exceptions to the height limit were deleted from the list of concessions and waivers. The remaining items on the list were retained, and no caps were provided because State law allows an applicant to request a concession or incentive to development regulations if the concession or incentive is necessary to provide for affordable housing costs. State density bonus law does not affirmatively permit "daps" on concessions /incentives or waivers. Even if a cap were placed on this list of concessions or incentives, applicants would still be able to request an exception or waiver to any cap, if a waiver or exception to the cap or limit would be necessary to provide for affordable housing costs. The Density Bonus Application requirement section was also amended to make it clear that the density bonus application was subject to approval by the Planning Board, or recommendation to the City Council if final approval by the city council is required for a project. It also clarifies that concessions, incentives, and waivers are subject to Planning Board approval (as part of its review of the development proposal) and that denial of one of these requests requires that the Planning Board make the requisite findings for denial identified in the code. Another modification to this section makes it clear that decisions by the Planning Board regarding the density bonus application, concessions, incentives, or waivers are subject to appeal. The final modification to the Density Bonus ordinance includes the addition of references to the Historic Monuments in Alameda and sites listed on the Historic building study list. Buildings constructed prior to 1942 were not included because the current permit and review process for these structures allows an opportunity for there to be reviewed and added to the historical building study list. All these structures are also afforded protections under the California Environmental Quality Act (CEQA). As noted in the report to the city Council for its October 20 meeting, the Density Bonus Ordinance is intended to provide incentives for the production of affordable housing, and coupled with the current inclusionary requirements, address the need for housing in the City. 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 November 17, 2009 Members of the City Council Wage 3 of 3 Honorable chair and Members of the Community Improvement Commission MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENC 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 30 -17 that will provide for density bonuses and concessions or incentives to projects that voluntarily propose affordable housing units and adopt a negative declaration in compliance with California Environmental Quality Act. Approved as to funds and account, .�nm Glenda D. Jay Interim Finance Director U 1 11. Exhibit: 1. Negative Declaration (on file in the City Clerk's Office) R _I O F PLANNI A N D BUIL Notice is hereby given that th e City of Alameda fads that no slgnifflcant effect on th environment as prescribed by the California Environmental Quality Act of 1970, as amended, will occur for the following proposed project; I ii I i10,71 1"y Ili 011 s AII Ik 1 Densi bonus ordinance. proposed ordinance amending Chapter 30 of the City of Alameda Municipal Code by adding a new Article 3 0- 17 pertaining to Density Bonuses consistent *th the State Density Bonus Law (Government Code Section 65915), which allows for increased residential densities for projects which include qualifying senior housing and for ho usin de v elop ments that guarantee that a port on of housing units will be affordable to households of very lour income, lager income, and mode income and wh ere senior housing prof ects are p ro v ided. The scop of thi project is united to the adoption of the ordinance only. IFIF The proposed project could not have a significant effect on the environment. Mi 1. The proposed ordinance has been reviewed according to the standards and re�uir'nlents of the California Environmenta Quality .Act (CEQA) and an Initial .Study Environmental. Evaluation Checklist has been prepared for the proposed project. The Initial Stud has determined J that the proposed project could not result *in significant effects on the environment. 2. In accordance with State law, the proposed ordinance establishes an inc entiv e for private developers to create housing affordable to households of very low, lower and moderate income in order to meet the need for affordable housing for residents of Alameda. 3 The proposed ordinance is consistent with the goals and policies of the Housing Element of the City of Alameda General flan in that a policy thereof supports the adoption of a Densi Within Bonus, specifically, Within one year of adoption of the Housing Element, the City will create a density bonus ordinance. 4. The proposed ordinance is consistent with the goals and policies of the C ity of Alameda Housing Element which seeks to "Provide .mousing to Meet the City s ATeeds: Within the limits of avaalahle resources, seek to meet the City fair shave housing needs, in crea se a orda housing opportunities, and provide for groups with special needs. The proposed ordinance provides Meentives to include affordable housing within housing developments and to p rovide senior housffig. 5, The proposed ordinance is consistent with the goals and policies of the of Alameda CC Housing Element which seeps to "'reserve and expand the City's supply of affordable rental R e g ard i n g P ublic caring A g enda Item #3- 11-17- and ownership dousing for low and moderate income households. '.e proposed ordinance encourages the construction of low and moderate income households by offering density bonuses to developments which include affordable housing.The proposed ordinance is consistent with the goals and policies of the City of Alameda Mousing Element which seeks to "increase the homeowners h' rate in Alameda to 60 percent by promoting homeownership opportunities for Alameda residents and employees of all income groups, including lower income renters and newly ,formed households. The proposed ordinance is intended to will promote ownership housing for all income groups. 7. The proposed ordinance is consistent with the goals and policies of the City of Alameda Housing Element which seeks to `create rental and homeownership opportunities for people of all incomes, ethnic origins, cultures, gender, family structures, and special needs populations such as the elderly and physically and mentally challenged persons. The proposed ordinance is intended to promote senor housing by making density bonuses available to developers of qualifying senior housing. 8. The proposed ordinance is consistent with the goals and policies of the City of Alameda Housing Element which asks that developers be required "to construct required hou sing units for low and moderate income .households within their projects. Although the proposed Ordinance will not require developers to include affordable housing within their projects, it is intended to provide incentives to do so. 9. The proposed. Ordinance is consistent with the goals and policies of the City of Alameda Housing Element which encourages the "'development of homeownership units priced to meet the needs offarnilies with incomes between 80 percent and 120 percent of area median income. The proposed ordinance encourages the provision of moderate income households within housing development projects. 10. The proposed ordinance is consistent with the goals and policies of the City of .Alameda Housing Element which promotes "the development of a dull range of housing (rental, homeownership and service enriched) to meet the needs off'special populations, including people with physical ancor developmental disabilities, single parent households, young adults and seniors. The proposed ordinance encourages the development of senior housing by providing the opportunity for developers to request density bonuses for qualifying senior housing. I 1. The proposed ordinance in and of itself will not have a sigmficant adverse impact on the environment. Each specific development projects which take advantage of the Density Bonus Ordinance Will be subject to the aliforna Environmental Quality Act. Jon M. Diggs, Planning Services Manager 04P W For additional information, please contact Jon Biggs of City of Alameda Planning and Building Department, Alameda City Hall, 2263 Santa Mara Avenue, at the corner of Santa Mara and oak, or telephone (510) 747-6800 En 7' Propose Negative 1. Erojectfitler Density Bonus Ordinance, 2. Lead ggenev name and address: City of Alameda, Planning and Building Department, Alameda City Hall, 2263 Santa Clara Avenue, at the corner of Santa Clara .Avenue and Oak Street 3. Contact p erson and p hone r umber: Jon. B iggs, 510) 747-6884 4. Project ocatio r All zoning districts in. the City of Alameda which allow housing. 5. Pr t sorts name and address: City of Alameda 6s General Plan designation: The proposed Density Bonus ordinance affects lands located in the City of .Alameda where the General Plan indicates that housing is appropriate. 7. The proposed Density Bonus ordinance affects lands located in the City of .Alameda zoned for housing. A proposed density bonus ordinance amending Chapter 3 0, Development regulations, of the City of Alameda Municipal Code by adding a new Article 30 -17 pertam'ng to Density Bonuses consistent with the State Density Bonus Law (Govenunent Code Section 65915), which allows for increased residential densities for projects that include qualifying appropriate numbers of target units. The scope of this project is limited. to the adoption of the ordinance only. 9. Surrounding lard uses and setting: Briefly describe the project's surrour d r s: The proposed Density Bonus Ordinance encourages affordable housing throughout .Alameda where the Zoning designation supports housing. 10, Other g ublic agencies whose app.roval is re e. g permits, financin approval, or participation agreement. 'None. N-00 NJ UT I ON MWMIM The environmental factors checked below would be potentiall affected b this pro involvin at least one IMP i act that is a "Potentiall Si Impact" as *indicated b the checklist on the followin pa El Aesthetics A Resources Air Qualit F-1 Biolo Resources El Cultural Resources El Geolo /Soils Hazards Hazardous E:1 H Water Land Use Plannin Materials Qualit El Minera*1 Re-sources Noise Z Population Housin El Public Services Recreation El TransportationfTraffic E] Utilities Service Mandator Findin of Si S DETERMINATION: On the basis of this 'initial evaluation: I find that the proposed pro COULD NOT have a si effect on the environment, and a EGA= DECLARATION will be prepared. I find that althou the proposed pro could have a si effect on the environment., there will not be a si effect M this case because revisions in the pro have been made b or a to b the pro proponent. A NJUTIGATED NEGATI7VE DECLARATION will be prepared. I find that the proposed pro MAY have a si effect on the environment, and an ENVIRONMENTAL INTACT REPORT is re I find that the proposed pro MAY have a "potentiall si impact". or "potentiall si g nificant unless miti g ated" impact on the enviro b.ut. a t least one e f fect 1 has been ade anal in an earlier document pursuant to appli le standards, and 2 h as been addressed b miti measures based on the .earlier anal as described on attached sheets. An ENVIRONNIENTAL INTACT REPORT is re but it must anal onl the effects that remain to be addressed. I find that althou the proposed project could have a si effect on the envirom-nent, because all potentiall si effects a have been a ade in an earlier EIR or N-EGATI-VE DECLARATION pursuant to applicable standards, and (b) have been avoided .or miti pursuant to that earlier EIR or NEGATIVE DECLARATION, includin revisions or miti measures that are imposed upon the proposed project, nothin further is re Si Date El b) Substantially damage scenic resources, including, but net El limited to, trees, rock outcroppings, and historic buildings Within a state scenic highway. Comment: The proposed density bonus ordinance allows the City to deny requests for concessions to development standards when the result would damage historic 5 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation Incorporation i. AESTHETICS Would the project; a) Have a substantial adverse effect 1-1 1:1 0 on a scenic vista? Comment: The proposed ordinance regulates density bonuses for qualifted'projects. As a result, the land use density of a qual iflied'project may increase the number of dwelling units over that which is allowed by the Zoning Ordinance or may result in exceptions to zoning and design standards. All projects, however, will remain subject to discretionary action, all of which are subject to environmental review under the California .environmental Quality Act, which includes review of aesthetic impacts. Any concessions relating to matters that affect aesthetic issues can be denied if fauna to not be necessary for the financial viability of the project or if found to have a negative effect on health, safety and welfare of Alameda, which may relate to aesthetic issues. The ordinance itself would have no impact on the environment. b) Substantially damage scenic resources, including, but net El limited to, trees, rock outcroppings, and historic buildings Within a state scenic highway. Comment: The proposed density bonus ordinance allows the City to deny requests for concessions to development standards when the result would damage historic 5 Potentiate Less Than Less Than N Significant Significant Significant Impact Impact with Impact Mitigation In.cnrporation resources. See additional comments under I a) above. c) Substantially degrade the existing visual character or quality of the site and its surroundings? Comment: Under the proposed density bonus ordinance, it is possible that a concession may be granted to a developer that results in reduced yard areas or reduced setbacks, men yard areas or setbacks are reduced, it is likely that it would reduce the amount of landscaping that would normally be required ofsetsfor reduced landscaping and potent iai impacts to the aesthetic value of a project will be considered on a case --by -case basis. Also, see additional comments under 1. a) above. d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Comment: See comment under I a) above. 11. AGRICULTURE RESOURCES Would the project a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Fannland),as shown on the maps prepared pursuant to the Farmland Mapping and Mor'toring Program of the California Resources Agency, to non agricultural use? Comment: ne proposed ordinance regulates density bonusesfor El El El 1:1 F1 El z F-1 El El 19 E Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact tigation Incorporation qualified projects. As a result, the land use density of a qu ali fi edprofect may increase the number of dwelling units over that which is a llowed by the Zoning ordinance or may result in exceptions to zoning standards. All projects, however, will remain subject to discretionary action, all of which are subject to environmental review under the Cal Environmental Quality Act, which includes review of impacts to agriculture. The ordinance itself would have no impact on agriculture. b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? Comment: see comment under 11. a) above. c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non- agricultural use? Comment: There is no State designated Farmland in Alameda, See comment under 11. a) above. IIIs AIR QUALITY would the prof ect: a) Conflict with or obstruct �mplernentation of the applicable air quality plan? Comment. The proposed ordinance regulates density bonusesfor quali red projects. As a result, the land use density of a quali xedprofe3ct may increase the number of dwe lling units over that which is allowed by F-1 1:1 1:1 ID 11 1:1 N El 7 roten.tia l Less Than Less Than No Significant Slgni giant Significant Impact Impact with Impact Mitigation Incorporation the Zoning ordinance or may result in exceptions to zoning standards. This may also result in an increase in vehicle tri* associated with a housing development, which may contribute to the degradation of the air quality. If the additional gelling units havefireplaces they could further contribute to the degradation of air quality. .ill projects, however, will remain subject to discretionary action, all of which are subject to environmental review under the California .environmental Quality Act, which includes review of air quality impacts. The ordinance itse would have no impacts on air quality. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? `ommente See comment under 111. a) above. e} Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (*including releasing emissions which exceed quantitative thresholds for ozone precursors)? Comment, See comments for under 111a) above). d) Expose sensitive receptors to substantial pollutant concentrations? Comment: see comment under 111. a) above. El 13 11 El 11 0 El El El Z M P otentially Less Than Less Than No Sigafcant Significant Significant Impact Impact with Impact M itigation Incorporation e) Create objectionable odors affe cting a substantial number of people? Comment. See comment under III. a) above. IV BIOLOGICAL RESOURCES Would the project: a) Have a substantial adverse effect, either directly or through habitat s r �r modifications, on any species identified as a candidate, sensitive, or special status species ire local or regional plans, Policies, or regulations, or by the California Department of Fish and +carne or U.S. Fish and Wildlife Service? Comment,* The proposed ordinance regulates density bonusesfor quali ted projects. As a result, the land use density of a qualified project may increase the number of dwelling units over th at which is allowed by the Zoning ordinance or may result in exceptions to zoning standards, which could result in greater lot coverage. All projects, however, will remain subject to discretionary action, all of which are subject to environmental review under the California Environmental Quality A ct, wh ich includes review of `impacts to biological resources. The ordinance itselfwould have no impact on biological resources. b) Have a substantial adverse effect on any riparian habitat or other El El F s ensit i ve natural co 1t Potent aRy Less Than Less Than No Significant Significant Significant Impact Impact with Impact 'ti at .on Incorporation identified in local or regional plans, policies, regulations, or by the California Deponent of Fish and Carne or US Fish and Wildlife Service? Comment, See comment under IV a) ah ove. c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (*including, but E not limited to, marsh, vernal pool, coastal, etc.) through. direct removal, filling, hydrological interruption, or other means? Comment: See comment under V a) above. d) Interfere substantially With the mo of any native resident EJ El El or migratory fish or wildlife species or With established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites` Comment: See comment under IV a) above. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? omment. See comment under IV a) above. f) Conflict with the provisions of an adopted. Habitat Conservation F-1 Plan, Natural Community Conservation Plan, or other approved local regional, or state 10 11 rotentiall Less Than Less Than No Si Si Si Impact Impact with Impact Miti Incorporation habitat conservation plan? Comment: See comment under IV a) above, V. CULTURAL RESOURCES Would the project: a a) Cause a substantial adverse chan M' the si of a El Z historical resource as defined in the California Environmental Q ualit y Act Guidelines Section 15064.5? Comment: The proposed ordinance re densit bonuses for q ualified pro As a result, the land use densit o q ual i ftedpro j ect ma increase the number of dwellin units over that which is allowed b the Zonin Ordinance or ma result in exceptions to zonin standards. All pro however, will remain sub to discretionar action, all -of are sub to environmental review under the California Environmental Qualit Act, which 6 includes review of impacts to cultural resources. The ordinance itself would Piave no impact on cultural resources. b Cause a substantial adverse chan in the si of an archaeolo resource pursuant to California Environmental Qualit Act Guidelines Section 15064.5? Comment.- Please see comment under V a) above. c Directl or indirectl destro a uni paleontolo resource El El El or site or uni g eolo g ic feature?. Comment.- See comment under V a) 11 Potentially Less Than Less Than No Slg.iflca.nt Significant Significant Impact Impact with Impact M itigation Incorporation above. d) Disturb any human remains, including those interred outside of formal cemeteries? Comment. see comment under V a) above. V1. GEOLOGY SOILS Would the project: a) :expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving Comment: The proposed ordinance regulates density bonusesfor qualz led projects. As a result, the lanai use density of a quali zed project may increase the number of dwelling units over that �ici is allowed" b the Zoning ordinance. or may resu in exceptions to zoning standards. All projects, however, will remain subject to discretionary action, all of which are subject to environmental review under the California Environmental Quality Act, which includes review of impacts to geology and soils. The ordinance itself would have no impact on geology and soils. i Rupture of a known earthquake fault, as delineated on the most recent Alqulst- Prlolo Earthquake Fault Zoning Map issued by the State geologist for the area or based on other substantial evidence of a known f ault? Refer to Division of Mines and Geology Special Publication 42. Comment: .fee comment under V1 a) El M 11 0 11 El 11 2 t2 above. ii) Strong seismic ground shaking? Comment: See comment under V1 a) above. iii) Seismic- related ground failure, including liquefaction? Comment: See comment under V1 a) above. iv) Landslides? Comment: See comment under VI a) above. b) Result in substantia soil erosion or the loss of topsoil? Comment: See comment under V1 a) above. c) Be located on a geologic unit or soil that is unsta or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, su bsidence, liquefaction or collapse? C omment: S ee comment under VI a) above. d) Be located on expansive soil, as defined in Table l 8- l -B of the Uniform. Building Code (1994), creating substantial risks to life or property? Comment See comment under VI a) above. e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste grater? PotentiaUy Le Than Le ss Than N o ifi cant Significant Significant I Impact with Impact NUtigation I ncorporation El El El z El El El 0 El El 1:1 2 El El El z El El El F� El El El El El F z 13 tent aUy Less Than Less Than No Significant Signifieant Significant Impact Impact with Impact Mitigation Incorporation Comment: See comment under VI a) above. VII. HAZARDOUS MATERULS Would the project. a) Create a significant hazard to the public or the environment through the ro utffie transport, use or disposal of hazardous materials? Comment: The proposed ordinance regulates density bonuses for qual fled projects. Asa result, the land use density of a quali iedproject may increase the number of dwelling units over that which is allowed by the Zoning Ordinance or may result in exceptions to zoning standards. All pro however, will remain subject to discretionary action, all of which are subject to environmental review under tie .Cali fornia Environmental Quality ,4ct, which includes review of impacts to and from hazardous materials. The ordinance itself would have no impact on the impacts related to hazardous materials, b) Create a significant hazard to the public or the environment F-1 through reasonably foreseeable upset and accident conditions mvolving the release of hazardous materials into the environment? Comment: See comment under V11 a) above. ,c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances El El or waste within one-quarter mile 14 slgnflcant risk of loss, l��ur or death m" volving wiIdland fires, Including where wildlards are adjacent to urbanized areas or There residences are intermixed ith w.ldlands? Comment.* See comment under" V11 a) above. VIII. HYDROLOGY AND WATE Q UALITY Would the project: a) Violate any water duality standards or waste discharge requirements Comment: T proposed ordinance re gulates density bonuses for qualified projects. As a result, the land use density of a auali ted project may increase the number of dwelling units over that which is allowed by the Zoning ordinance or may result in exceptions to zoning standards, a greater" demand for water and .a greater deman on the waste water" t eaten ent facilities. Al projects, however, will remain subject to discretionary action, al'l of which are subject to environmental review under the California Environmental Quality Act, which includes review of impacts to hydrology and water. The ordinance itse would have no impact on the hydrology and water. b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e. g., the production rate of pre- existfg nearby wells would P otentially Feiss Than L ess Than N o Significant Significant Signixcant Imp Impact with Impact Mitigation Incorporation 1:1 F� 11 0 El El 16 rotenfiaUy Less Than Less Than No Significant Significant Significant Impa.ct Impact with Impact Mitigation Incorporation drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Comment: See comment under V111 a) above. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off site? Comment: See comment under V111 a) above. d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a strew or river or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? Comment: See comment under V111 a) above. e) Create or contribute Doff grater which would exceed the capacity of existing or planned storm grater drainage systems or pro -ride substantial additional sources of polluted runoff.? Comment: See comment under V111 a) above. f) Othenv .se substantially degrade water quality? Comment: See comment under V111 0 El 0 2 0 El El 0 El 11 El 0 El 0 El z 17 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation Incorporartion a) above. g) Place housing within a 1 00-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? Comment: See comment under V111 a) above. h) Place within a Io0 -gear flood hazard area structures which would impede or redirect flood flows? Comment. See comment under VIII a) above. i) Expose people or structures to a significant risk of loss, m' iury or death involving flooding, including flooding as a result of the failure of a levee or dam? Comment: See comment under VIII a) above, j) Inundation by seiche, tsunami, or mudflow Comment.-, See comment under V111 a) above. IX. LAND USE AND PLANNING Would the project a Physically divide an established community? Comment The proposed ordinance regulates density bonusesfor quali ied projects. As a result, the land use density of a qualified proi e ct may increase the number of dwelling units over that which is allowed by the Zoning ordinance or may result 1:01 0 C FM 1U116' 1 0 FE u F-01 0 0 0 ►1 1101 ►1 /1 0 P otentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact M itigation Incorporation in exceptions to zoning standards. This cou result in a change of anticipated land use patterns, especially if full density bonuses of 35 percent are grran .however, the impact of additional housing may b e offset by th e provision of afforda h ousin g units, Allprojects will remain subject to discretionary action, all of which are subject to environmental review un the California Environmental Quality Act, which includes review of impacts to land use and plcinning. b) Conflict with any applicable land use plan, policy, or regulation of j ur tr an agency w th. sdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adapted for the purpose of avoiding or mitigating an environmental effect? Comment.- See comment under .X a) ab ove. c) Conflict with any applicable habitat conservation plan or natural community conservation El Li plan? Co mment: imentF See comment u■ der 1X q) above. The ordinance itself w ill have no impact on applicable habitat conservation plans or natural community conservation plan. X MINERAL RESOURCES would the project: a) Result in the lass of availability of a known mineral resource that 19 PotentiaRy Significant Impact could be of value to the region and the residents of the state? Comment: the proposed ordinance regulates density bonuses which may be granted to guar ifiedprofects. All development projects for which density bonuses are requested will be subject to discretionary action, which are subject to environmental review under the California Environmental Quality Act (CEQ,4), Under CEQA review, review Of impacts to mineral resource will be undertaken. The ordnance itself would have no impact on mineral resources. 0 b) result in the loss of availability of a locally important .mineral resource recovery. site delineated on a local general plan, specific plan or other land use plan? Comment: see comments under X a) above. Xi. NOISE -Would the project result in: Less Than Significant with Mitigation Incorporation El a) :exposure of persons to or generation of noise levels In excess of standards established Mn the local general plan or noise ordinance, or applicable standards of other agencies` Comment: Exposure ofpersons to or generation of any new noise source will be temporary in nature during construction and not likely to increase appreciably due to increase in the number of dwelling units allowed under the proposed density bonus ordinance. All City noise standards are required to be met and maintained upon completion of construction. Additionally, each PTO otentiaR Significant Imp act project will be subject to review under the California Environmental Quality Act, b) Exposure of persons to or generation of excessive ground- borne vibration or ground borne noise levels? comment. The proposed ordinance regulates density bonuses which may be granted to qual i iedprojects. All development pro fects for whic density bonuses are requested will b e subject to discretionary action, which are subject to environmental review under the California Environmental Quality Act (CEQA). Under C`O'Q, review, review of impact related to ground -bone vibration or ground- borne noise level's will be undertaken. ne ordinance itse�fwould have no impact on noise or vibration. c) A substantial permanent increase in ambient noise levels In the project vicinity above levels existing without the project? Comment: See c omments under X1 a) above. i i d) .A substantial temporary or periodic increase in ambient noise levels in the Project vicinity above levels existing Without the prol ect�? Comment: The ordinance will not result in signif impacts on noise levels. Exposure of persons to or generation of any new noise or noise levels associated with the construction of housing which included additional units allowed per the proposed density bonus Less Than S ignificant with Mitigation Incorporation 01 0 170 Less Tha Significant Impact 0 FM] X No Impact a 11 MIJ 21 rote tiall S ignificant Impact ordinance will be temporary in nature d uring construction. 4 City noise standards are required to be net and maintained upon co of construction. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, wo the p ex pose people residing or working in the project area to excessive noise levels? 'ommenk The ordinance itse f will not result in significant impacts on people residing in new housing developments. Exposure of` to or generation of any noise levels associated with aviation will be reviewed as part of the requisite CEQA review o� discretionary projects. n f) For a proj within the vici ty of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels` Comment: see comments under .7 e) above, XII. POPULATION AND HOUSING Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new El h omes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Less Than Significant with M itigation Incorporation 01 0 Less Than Significant Impact 0 ►1 0 22 otentiaRy Significant Impact Comment. The proposed ordinance regulates density bonuses for qualified projects. As a result, the land use density of a qualified project may increase the number of dwelling units over that which is allowed b the .Waning ordinance and General Flan. This could result in a change of anticipated land use patterns, especially if full density bonuses of 35 percent are granted However, the result would be to encourage the number o,f "affordable dwelling units in accordance with the policies of the Housing Element. All housing projects which take advantage of the density bonus ordinance will remain subject to discretionary action, all of which are subject to environmental review under the California Environmental Quality .pct, which includes review o, f impacts to population and housing.. h) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere` Comment: The proposed density bonus ordinance will not result in displacement of housing, On the contrary, it encourages the construction of more housing units than would be afforded under the zoning ordinance or General Flan. c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere` Comment: The proposed density bonus ordinance will not result in displacement o, f 'a substantial number Less Than Significant with Mitigation Incorporation u 0 Less Than Significant Impact 0 ra No Impact 23 otentia y Less Than Less Th an No Significant Significant Significant Impact Impact with Impact M itigation Incorporation ofpeople. on the contrary, it encourages th e construction of more housing units than would be afforded under the zoning ordinance or General Flan, XIII. PU13LIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response tunes or other performance objectives for any of the public services Fire protection. Comment: Th e pr oposed ordinance regulates density honuses for quali redprojects. As a result, the land use density o a qualified project may increase the number of dwelling units over that which is allowed by the .honing ordinance and General Flan, This could result in an increase in the calls service to the Fire Department, especially i� f Full density bonuses of 35 percent are grantee` However, all housing projects which take advantage of the density bonus ordinance will remain subject to discretionary action, all of which are subject to environmental review under the California Environmental Quality .pct, which includes review of impacts to fire protection. Furthermore, the proposed density bonus 0 1:1 1:1 0 24 Potentia Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation Incorporation ordinance does not provide for any concessions or waivers to the Fire Code, and approval of the Fire Chief would be required to reduce street widths. Police protection Comment. The proposed ordinance regulates density bonuses for quali ted projects. .As a result, the land use density of a qualifiedproject may increase the number of dwelling units over that which is allowed by the Zoning ordinance and General Plan. Tiffs could reset in an increase in the number of service calls to the Police Department, especially (full density bonuses of 35 percent are granted. A11 dousing projects which take advantage of the density bonus ordinance will remain subject to discretionary action, all of which are subject to environmental review under the California Environmental Quality Act, which includes review of impacts to impacts on the Police Department, Schools` Comment: The proposed ordinance regulates density bonuses for qual fed proj e cts. As a result, the land use density of a qualzfiedprofect may increase the number of dwelling units over that which is allowed by the Zoning ordinance and General Flan, This could result in an increased demand upon local MR otntiali Significant Impact schools as the attendance is likely to. be affected by an increase i housing units, especially affordable dousing units= State law provides for payment of school impact fees to cover the costs associated with increased student population, and the proposed density bonus does not provide for any concessions or waivers related to payment of school impact fees. Parks` Comment. Th e proposed ordinance regulates density honuses for quali ied projects. As a result, th e land use density of a Qualified protect mav increase the number of dwelling units over that which is allowed by the .honing ordinance and General Plan. This could result in an increased demand upon local parks as the increase in population is likely to affect the use o,�'localparks. The proposed density bonus sloes not provide for any concessions or waivers related to payment park impact fees, and those Fees may be used toward the acquisition ofpark lands of enhancement of existing parks in A 0 Other public facilities? Comment: The proposed density bonus ordinance will not result in any direct increase in the construction or expansion Less Than S ignificant with Mitigation Incorporation 0 FM Less Than Significant Impact 0 F07 No Impact 1021 0 W Potentia y Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation Incorporation of other public facilities. Each dousing project that takes advantage of the density bonus ordinance will be subject to discretionary review and the California Environmental Quality .pct (CEQA), which will examine potential impacts to public, facilities on a case -by- case basis. Although the proposed ordinance makes provisions for reduction in some City ofAlameda standards, such as reduction in street widths where appropriate, any impacts on ,public facilities will be considered as apart of the discretionary action and EQA review. The proposed density bonus ordinance does not all ow, for granting, of exceptions where there would be an adverse impact on public health, safety or welfare. a) Would the project increase the use of existing neighborhood and regional parrs or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Comment. see comment under X.111 Parks above. b) Does the project include recreational facilities or require the construction or expansion of recreational faculties which night have an adverse physical effect on the environment? Comment: see comment under X111 Parks above. X E TRANSPORTATION/TRAFFIC Would the project: 11 El El 0 27 28 otentially Less Than Less Than No Significant Significant Significant Impact .pact with Impact Mitigation Incorporation a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacitor El of the street system (i.e., result in a sub stanti al increase in either the number of vehicle trips, the volume to capacitor ratio on roads, or congestion at intersections) Comment: The proposed .ordinance regulates density bonusesfor gualifiedprojects, As a result, the land use density of a qualifted project may increase the number of dwelling units over that which is. allowed by the Zoning Ordinance and General ..flan. This could result in an increase in the number of vehicle e trips associated with a project, especially (full density bonuses of 35 percent are granted .however, all housing projects which take advantage of the density bonus ordinance will remain subject to discretionary action, all of which which are subject to environmental review under the California Environmental Quality .,p ct, which includes review of impacts.] to traffic. u the mof e, the proposed density bonus ordinance does not provide for any concessions or wavers to payment of traffic impact f ees and allows for exceptions to street widths only with the approval of the Public Works Director and the Fire Chief. b) Exceed, efther individually or .cumulatively, a level of service El El .0 standard established by the 28 W otenflaRy Less Than Less Than N o S ignificant S ignificant Significant Impact Impact with Impact Mitigation Incorporation county congestion management agency for designated roads or highways? Comment* Propose o *"sing developments that take advantage of the proposed density bonus or remain subject to State an local code provisionse. Concessions or incentives must be granted unless the City makes a written finding based on substantial evi that the concession or incentive is not required in order to provide for affordable housing, would have a specific adverse impact upon public h ealth and safety or physical environment or on a registered C alifornia Historical .Resource or be contrary to state o federal lam. e Result in a change in air traffic p atterns, includi g ei an increase in traffic l evels or a change in location that results in substantial safety risks? Comment: The proposed density bonus ordinance wi ll not result in any changes in air traffic patterns or air traffic l evels. Each housing project that takes a of the density bonus ordinance will be sub a ect to discretionary review and the California Envi'ronmental Quality .pct (C-EQ,4), which will examine potential impacts to air traffic. d) Substantially incre h due to a design feature (e.g., E sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Comment. .dousing developments W P otentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation Incorporation proposed which take advantage of the proposed density bonus ordinance remain subject to State an local ordinances unless concessions are granted, which may include reduced street standards. However, concessions must b e shown to be necessaryfor, the financial viability of a project but must not b e granted to the developer if the C finds that the concession would result in adverse impacts to publ health, safety and welfare, which includes impacts to traffic patterns and roadways The proposed d ensity bonus ordinance requires that any exceptions to road widths mustfirst be approved by the Public Works ,,director and the Fire Chief. e) Result in M adequate emergency access? Comment: ..dousing developments proposed which take advantage of the proposers density bonus ordinance remain subject to State and local ordinances, including adequate emergency access. Al though the ordinance provides for concessions to qualifying developments which may include reduced street standard, requestsfor concessions may be denied However, concessions must be d enied if ound that it would have an adverse impacts to public h ealth, safety and welfare, which includes emergency access f) Result in inadequate parking capacity? Comment. The State law requires that housing developments which El El El F-1 Ej 9M xotcn ally Less Than Less Than No Significant Significant Significant Impact Impact with Impact figatio n Incorporation include qualifying afforcahle waits must be granted a waiver to parking requirements (requested by the developer. In most cases, however, the City "s parking requirement of 2 parking spaces for Moines le=ss than 3000 square feet are not unlike the State's mandated paring requirement of 2 parking stalls for 2- and 3- bedroom units. Yie 2- and 3- bedrooms units are the most likely to be built in affordable dousing projects, so impacts to parking are not expected to exceed acceptable levels.. g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks) Comment: Any future development approved with a density bonus, like developments without density bonuses, would have to conform to adopted alternative transportation policies. XTi. UTILITIES AND SERVICE SYS'T'EMS Would the project. a) Exceed wastewater treatment requirements ents of the applicable Regional Water Quality Control Board? Comment: .future developments which take advantage of f `tie density bonus ordinance are subject to the California Environmental Quality .pct, and any impacts on utilities and service systems must be mitigated to the extent that there is no signif impact on the environment or compromise the health, safety and El El- 1:1 31 32 Im otentially Less Than Less Than No Significant Si Significant Impact Impact with Impact Mitigation Incorporation welfare of Alameda or any of its residents. b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause sigm ficant environmental effects` Comment= See XVI a) above. c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause Significant environn7.ental effects? Comment. See XV1 a) above, d.) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Comment: See comments under XVI a) above. e) Result in a deterrnlnatlon by the wastewater treatment provider which serves or may serge the project that it has adequate capacity to serve the project=s projected demand in addition to the providers existing commitments`. Comment. See comments under XVI a) above. Be served by a landfill with sufficient ermitted capacity to p p y accommodate the project's solid waste disposal needs? 32 rotentially Less Than Significant Sign cant Impact with Mitigation Incorporation Comment: See comments under XVI a) above. g) Comply with federal, state, and local statutes and regulations related to solid waste`. Comment: See comments under XVI a) above. XV11. MANDATORY FINDINGS OF SIGNIFICANCE Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or Wildlife species, cause a fish or wildlife population to drop below self- susta=g levels, threaten to eliminate a plant or animal community, reduce .the number or restrict the range of a rare or endangered plant or anal or effim"nate important examples of the major periods of California history or prehistory.? b) Does the proj ect have impacts that are individually limited, but cumulatively considerable? umulatively Considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects) X 001 n ■1 u c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly` 33 Less Than Significant Impact Fol X C■7 0 No Impact .1 rAlli., CITY OF Ai_.AMEDA ORDINANCE No. New Series 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 0 WHEREAS, in 1979 the State of California adopted legislation that provided NT, I: t! incentives to encourage p p s e rivate 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 i, 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 CIC Mtg 11 -17 -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, and November 17, 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 TIME 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.' 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 30 -17 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 2 attributed to them in Government Code sections 05915 -05918 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 30 -17. 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 Plan 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 granted under this section 30 --17. 9. 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 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 during 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 development plan illustrating that the "base" project meets all existing general plan and zoning development standards. 2. A description of the Development, including the total number of proposed Affordable Housing Units, senior housing units, or age restricted mobile home park units 3. The zoning and General Plan designations and assessor's parcel number(s) of the project site; 4. A vicinity reap showing the location of the proposed project. 5. A set of preliminary project plans that include a site plan showing all building and structure footprints or locations, drive aisles and parking layout; floor plans of all structures and buildings; and architectural elevations of all buildings and structures, all drawn to scale. 0. A request for a concession or incentive shall include evidence to justify why it is necessary to provide for affordable housing costs. 7. A request for a waiver shall include evidence to justify why it is necessary to allow construction of the development on the site. 8. The Affordable Housing Unit Plan described in subsection 30-17.15 below. 9. Any other information reasonably requested by the Planning and Building Director to aid in the implementation of this section 30 -17. C. A project with a Density Bonus Application, including a request for concessions, incentives or waivers, shall be reviewed for 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 development project or recommend its approval to the city Council. d. A requested concession, incentive, or waiver shall be approved unless the findings for denial listed in subsection 30.1 7.9 a., "Requests for Incentives or Concessions," or 30 -17.12 a., "Waivers of Development standards the Physically Preclude Construction," are made in writing. e. 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." 4 30 -17.5 Density Bonus Standards a. Developments subject to this section 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 sure 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 low- 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 65015 as it exists when a complete application for a Development is submitted to the City. 30 -17.6 Development and Housing Unit Types a. The provisions of this section 3017 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 5 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- 17.7.1) 2. Developments where at least 10 percent of the total units are for Low Income Households (see subsection 30- 17.7.2) 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- 17.7.3) 4. A Senior Citizen Housing Development or Mobile Home Park that limit residency based on age requirements (see subsection 30- 17.7.4) 5. Developments that include the donation of land. (see subsection 30- 17.7.5) 6. Developments that include Child Care Facilities. (see subsection 30- 17.7.6) 7. Condominium Conversions. (see subsection 30- 17.7.7) C. These provisions shall not apply to projects on sites where the density of dwelling units already exceed the maximum permitted by the General Plan or Municipal code. Projects on such sites shall not be entitled to a density bonus, concessions, incentives, waivers, or reductions in parking standards. 0 30-17.7 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 seeps and agrees to construct a Development that meets the standards and criteria of the following specified housing unit types. 30- 17.7.1 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 6 7 3 9 10 11 Percentage Density Bonus 20 22.5 25 27.5 30 32.5 35 30- 17.7.2 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 fixed 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 16 17 Percentage Density Bonus 20 21.5 23 24.5 26 27.5 29 30.5 7 18 32 19 33.5 20 35 30-17.7.3 Developments that Include Moderate Income Common Interest Developments 2. A Moderate Income Common Interest project shall include a minimum of 10 percent of the total dwellin units in the development for Moderate Income Households as defined in Section 1351 of the Civil Code (t a condominium or small-lot sin development) for persons and families of Moderate Income, as defined in Section 50093 of the Health and Safet Code, provided that all units in the development are offered for purchase to income- members of the g eneral public. b. For Residential Developments that include 10 percent of the total dwellin units in a common interest development for persons and families of Moderate Income, the Densit Bonus shall be calculated as follows: Percenta Moderate Income Units Percenta Densit Bonus 10 5 11 6 12 7 13 8 14 9 15 10 16 11 17 12 18 13 19 14 20 15 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 0 36 31 37 32 38 33 39 34 40 35 30-17.7.4 A Senior Citizen Housin Development or Mobile Home Park that Limit Residenc Based on A Re A Senior Citizen Housin Development or a mobile home park that limits residenc based on a re for housin for older persons pursuant to Section 798.76 or 799.5 of the Civil Code shall be entitled to a Densit Bonus of 20 percent of the number of senior housin units. 30-17.7.5 Developments that Include the Donation of Land a. When an Applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the Cit in accordance with this subsection, the Applicant shall be entitled to a 15 percent increase above the otherwise maximum allowable residential densit for the entire Development as follows: Percenta Ver Low Income Percenta Densit Bonus 10 15 11 16 12 17 13 18 14 19 15 20 16 21 17 22 18 23 19 24 20 25 21 26 22 27 23 28 24 29 25 30 26 31 27 32 28 33 29 34 30 35 0 b. The Density Bonus for land dedication shall be in addition to any Density Bonus allowed by subsections 30-17.7.1 through 30-17-7.4, up to a maximum combined increased of 35 percent if the Applicant seeks an increase under this subsection 30-17.7.5. 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. 2. 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 f 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 Lousing 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 feast 30 years. 10 5. The land is transferred to the City or to a housing developer approved by the city. 0. 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 map, parcel map, or residential development application. 30- 17.7.6 Developments that include a Child Care Facility a. When an Applicant proposes to construct a Development that conforms to the requirements of subsection 30 -17.7 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- 17.7.6, 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- 17.7.0; and 2. of the children who attend the child care Facility, the children of Very Low I ncome 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. 11 d. Notwithstanding any requirement of this subsection 30- 17.7.0, 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- 17.7.7 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 15 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. Nothing 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- 17.7.7 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 -10 of this code. 30 17.8 Design, Distribution and Tuning 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 Housing 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 Dousing Units may 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 12 contemporary standards for new housing as determined by the Planning and Building Director. All Affordable Housing Units shah 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. G. 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 -17.9 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- 17.7.4, the city shall provide the Applicant with incentives or concessions as defined by subsection 30- 17.10. The Applicant must submit a Density Bonus Application, as described in subsection 30 -17., 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 vents 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 or designated a City of Alameda Historical Monument or included in the City of Alameda's Historical Building Study List 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. t3 5. The concession or incentive would be contrary to State or federal law. 30 -17.10 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. Reduced on -site open -space requirements 4. Increased maximum lot coverage 5. Increased floor area ratio 6. Reduced parking requirements 7. 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 non residential 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. 30-17.11 Number of Incentives or Concessions a. If the conditions of subsection 30 -17.7 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 14 least 10 percent of the total units affordable to persons and families of Moderate income in a common interest development. 2. 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 -17.12 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 30-17.7, 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 05580.5, 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 or designated a City of Alameda Historical Monument or included in the City of Alameda's Historical Building Study List 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. 4. The requested development standard waiver would be contrary to state or federal law. 15 b. Allowance for three or more dwelling units in a building, shall be considered a waiver of the development standards found at Article XXvl 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 concessions to which the Applicant is entitled. 30-17.13 7.13 Requests for Reduced Parking Ratio a. Upon the request of the Applicant, a Development meeting the criteria of subsection 30 -17.7, 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 nextwhole 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 -17.7 but only at the request of the Applicant. An Applicant may request parking incentives or concessions beyond those provided in this subsection. 30- 17.14 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 reap, 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 map 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. 16 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 non residential 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; 6. 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 3. 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 17 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; 5. 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. 1o.Provisions for monitoring the ongoing affordability and habitability of Affordable Housing Units; and 11.A description of the concessions) or incentive(s) provided by the City. 18 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, Lour 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 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 an y 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 Lour 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 home at the time of initial sale. The initial subsidy is the fair market value of the home 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 19 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 05915. with respect to Moderate- Income Affordable lousing 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 lousing 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 30W -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_ 20 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 dousing 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 dousing 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 competent jurisdiction, 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: L.ara Weisiger, city Clerk City of Alameda 21 1, the undersigned, hereby regularly adopted and passed by assembled on the day of AYES: NOES: ABSENT: ABSTENTIONS: certify that the foregoing ordinance was duly and Council of the City of Alameda in regular meeting 2009 by the following vote to grit: 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 COMMUNITY IMPROVEMENT COMMISSION RESOLUTION NO. 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, this CIC feels that a density bonus plus related incentives and concessions should not be automatically triggered; and WHEREAS, this 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 15051(b) (3) Review for Exemption. The proposed policy amendment would not p ermit 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 rO posed amendments is p to provide for greater a greater incentive for the production of affordable housin g 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 15051(b )(3), Review for Exemption. NOW, 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. SECTION 2. Community Improvement Commission Resolution No. 04 -127 Section 2. a., Inclusionary Unit Requirements, is amended to read as follows Resolution #3 -A Joint CC CIC Mtg 11-17-09 a. Unit Requirement. For all Residential Developments of three or more units in the Business and Waterfront and West 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 if 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 Low- Income Households; four percent (4 of the total units must be restricted to occupancy by very Low Income Households; and seven p ercent (7 must be restricted to occupancy by Moderate- Income H For Residential Developments with sixty -nine (69) or fewer total units, Inclusionary Units shall be restricted for occupancy by very low 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 every low 64 to 69 10 5 moderate, 3 low, 2 very low SECT ON 2. 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 17th day of November, 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 18th day of November, 2009. Lara Weisiger, Secretary Community Improvement Commission Beverly Johnson, Chair Community Improvement Commission