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2009-12-01 Packet�A3 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.A.pplause and demonstration are prohibited during Council meetings. AGENDA REGULAR MEETING OF THE CITY COUNCIL, TUESDAY DECEMBER 1, 2009 7: P M [Note: Regular Council Meeting convenes at 7:30 pm, City Hall, Council Chambers, corner of Santa Clara Ave and Oak St The order of Business for City Council Meeting is as follows: 1. Roll Call. 2. Agenda Changes 3. Proclamations, Special orders of the Day and Announcements 4. Consent Calendar 5. City Manager Communications 6. Agenda Items 7. oral Communications, Non- Agenda (Public Comment) 8. Council Referrals 9. Communications (Communications from Council.) 10. Adjournment Public Participation Anyone wishing to address the Council on agenda items or business introduced by Councilmembers may speak for a maximum of 3 minut 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 PLEDGE OF ALLEGIANCE 1. ROLL CALL City Council 2. AGENDA CHANGES 3. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS 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 17, 2009. City Clem) 4-B. Bills for Ratification. (Finance) 4-C. Recommendation to Authorize the Interim City Manager to Apply for a Permit from the Dredged Material Management Office for Dredging of the Southshore Lagoons, Approve a Contract with CLE Engineering, Inc., and Authorize CLE to Represent the City of Alameda on All Matters Pertaining to Dredging Permit Applications. (Public Works) 4-D. Adoption of Resolution Setting the 2010 Regular City Council Meeting Dates City Clerk) 4 -E. Adoption of Resolution Authorizing the Destruction of Specified Unnecessary Records of the Human Resources Department. (Human Resources) 4 -F. Introduction of ordinance Approving and Authorizing a 66-Year Lease with the Water Emergency Transportation Authority, as Lessee, and the City of Alameda, as Lessor, for a Ferry Maintenance and operations Facility at .Alameda Point. (Economic Development 4-G. Final Passage of ordinance 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 Potential Waivers to Developers that Voluntarily Provide for Affordable Housing Units as an Element of Their Residential Development Project and Providing Incentives and Concessions for Residential Development Projects in Commercial or Mixed Use Zones. (Community Development) 5. CITY MANAGER COMMUNICATIONS (Communications from City Manager) 5-A. Police Department Deployment Plan 6. REGULAR AGENDA ITEMS 6 -A. Adoption of Resolutions Appointing Ethel Marren as a Member of the Commission on Disability Issues; Clifton J. Smith as a Member of the Housing Commission; and Samantha J. Chin, as a member of the Youth Advisory Commission. 6--B. Public Hearing to Consider Introduction of ordinances: 1) Amending ordinance No. 1277 N.S. to Rezone Approximately 48 .Acres Located at 1501 and 1523 Buena Vista Avenue (Encinal Terminals and Del Monte Building), APNs 072 038200200, 072- 038200400, 072 038200300, 072 038201000, 072 -038200500, 072- 038200900, 072 038300100, 072. 038300200 and 072- 038300300, from M -2 General Industrial (Manufacturing) District to M -X Mixed Use Zoning Designation; and 2) Amending Municipal Code Section 30 -4.20 of Article I (Zoning Districts and Regulations) of Chapter XXX (Development Regulations) by Adding Subsection 30- -4.20 (j) to the M -X Mixed Use Planned Development District Zoning Regulations to Allow for Application for Interim Use Permits Under Certain Conditions. Community Development) 6 -C. Recommendation to Amend the Measure WW Proposed Project List to Include a 2 Million Grant to the Boys Girls Club for the Completion of Construction of Its Youth Development Center in .Accordance with the Terms and Conditions Outlined Herein. (City Manager) 7. ORAL COMMUNICATIONS, NON- -AGENDA (Public Comment Any person may address the Council in regard to any matter over which the Council has jurisdiction or of which it may take cognizance, that is not on the agenda 8. COUNCIL REFERRALS Matters placed on the agenda by a Councilmember may be acted upon or scheduled as a future agenda item 9. COUNCIL COMMUNICAT IONS (Communications from Council.) Councilmembers can address any matter, including reporting on any Conferences or meetings attended 9-A. Consideration of Mayor's nomination for appointment to the Housing Commission. 10. ADJOURNMENT City Council Materials related to an item on the agenda are available for public inspection in the City Clerk' s of f ice, 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. 0 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 tc request agenda materials in an alternative format, or any other reasonable accommodation that may be necessary to participate in and enjoy the benefits of the meeting UNAPPROVED MINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY- -NOVEMBER 17, 2009 -6: P.M. Mayor Johnson convened the Special Meeting at 7:00 p.m. ROLL CALL Present: Counci deHaan, Gilmore, Matarrese, Tam, and Mayor JFohnson 5. Absent: None. The Special Meeting was adjourned to Closed Session to consider: 09- Conference with Legal Counsel Anticipated Litigation Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9; Number of cases: one; Under negotiation: Price and terms. 09-- Conference with Legal Counsel Liability Claim (54956.95 Claimant: Mohamed Mahama; Agency Claimed Against: City of Alameda. Following the Closed Session, the Special Meeting was reconvened and Mayor Johnson announced that regarding Anticipated Litigation Council received a briefing from Legal counsel on a matter of potential litigation; no action was taken; regarding Liability Claim Council discussed the claim with Legal Counsel and provided direction. Adjournment There being no further business, Mayor Johnson adjourned the Special Meet:�ng 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 17, 2009 UNAPPROVED MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- NOVEMBER 17, 2009- --7:30 P.M. Mayor Johnson convened. the Regular Meeting at 7:39 p.m. vice Mayor deHaan led the Pledge of Allegiance. ROLL CALL Present: Councilmembers deHaan, Gilmore, Matarrese, Tam, and Mayor Johnson 5. Absent: None. AGENDA CHANGES 09- Mayor Johnson announced that the Regular Agenda Items would be addressed before City Manager communications. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS 09- Proclamation Encouraging Participation in the 2010 Census. Mayor Johnson read and presented the proclamation to Monica xu, Partnership Specialist, U.S. Census Bureau. Ms. xu provided a handout to Council; thanked the Council for the proclamation; introduced Wakili Bonner, Manager of San Leandro Census Local Census Office, and Partnership Assistants Paula Miller and Antoinette Porter. CONSENT CALENDAR. Mayor Johnson announced that the Quarterly Sales Tax, Report [paragraph no. 09- eras removed from the Consent Calendar for discussion. Councilmember Gilmore moved approval of the remainder of the Consent Calendar. Council member Tam seconded the motion, which carried by unanimous voice vote 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] *09- Minutes of the Special and Regular City Council Meetings held on November 3, 2009. Approved. Regular Meeting Z Alameda City Council November 17, 2009 *09- Ratified bills in the amount of $2,435,478.11. *09- Recommendation to Accept the Quarterly Treasurer's Report for the Period Ending September 30, 2009. Accepted. 09- Recommendation to Accept the Quarterly Sales Tax Report for the Period. Ending June 30, 2009. Vice Mayor deHaan inquired The Interim City Manager responded Councilmember Tarn Councilmember Matarrese Councilmember Tam moved approval of the staff recommendation. Vice Mayor deHaan seconded the motion, which carried by unanimous voice vote 5. *09-- 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-- 09 -23. Accepted. *09- 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. Accepted. *09- Resolution No. 14400 "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." Adopted. *09- ordinance No. 3011 "Amending Ordinance No. 2130, New Series, Updating the Civil Service System of the City of Alameda." Finally passed. 09- Resolution No. 14401 "Appointing Kristy L. Perkins as a Member of the Library Board." Adopted. Regular Meeting Alameda City Council November 17. 2009 Councilmember Matarrese moved adoption of the resolution. Councilmember Tam seconded the motion, which carried by unanimous voice vote 5. The City Clerk administered the oath and presented Ms. Perkins with a certificate of appointment. 09- Public Hearing to Consider a Call for Review of the Planning Board's Approval of a Use Permit for a Convenience Store Located at 2623 Park Street; and 09- B Resolution No. 14402, "Upholding the Planning Board's Decision and Approve Use Permit Application No. PL1T --09 --0253 For a Convenience Store Located at 1623 Park Street." Adopted. The Planning Services Manager gave a Power Point presentation.. Councilmember Gilmore requested that convenient store parking requirements be addressed and whether there is a parking requirement for this particular size store. The Planning Services Manager responded retail space requires one parking space per 200 square feet of floor area; however, because the building is an existing building there is a provision that a retail use already exists and another retail comes into place then no on-site parking requirement is triggered; the zoning code takes into consideration the fact that we have existing businesses within the older buildings. Mayor Johnson inquired whether something could be done regarding the awnings. The Planner I responded staff would work with the Development Coordinator on the matter. Vice Mayor deHaan inquired who appealed this back to Council, to which. the Planning Services Manager responded the Planning Board's approval of the use permit has been called for review by Councilmember Matarrese. Councilmember Matarrese stated that the matter has been called for review for several reasons; that he reviewed the two findings made by the Planning Board; that his first concern is that the business district has a substantial City investment a Regular Meeting 3 Alameda City Council November 17. 2009 couple blocks down; over $30,000 has been put into the theatre and parking structure; questioned whether a convenience store is the best option; that he believes a convenience store would have a negative affect; the original application was for a convenience store that specializes in the sale of cigarettes and tobacco products; the city would be burdened to police this; Oakland has a policing fee for such establishments; there is a liquor store down the street and another convenience store a block over; questioned whether we would be adding to the mix or proliferating something that is less than beneficial to the ambiance of the street. Councilmember Tarn inquired whether the application has been modified because staff has been working with the applicant to reduce the sale of tobacco products in response to neighborhood concerns, to which the supervising Planner responded in the affirmative. Councilmember Tam stated neighboring convenient shop owners have concerns regarding potential competition; inquired whether the Planning Board's role is not to control business competition but is a market driven activity. The Planning Services Manager responded we do not have any guidelines with respect to the number of a. particular business that can be located in an area; if the convenience store was located One building over then the need for the use permit would, not be there. Councilmember Tam inquired how many years the building has been vacant, to which the Planner I responded four years. Councilmember Tam inquired how Long the other liquor and convenience stores have been in business, to which the Planner I responded a fairly long time. Mayor Johnson inquired which condition is the restriction on the amount of tobacco, to which the Supervising Planner responded Condition 11. Vice Mayor deKaan inquired if they were not grandf athe red in what would the parking spaces requirements be, to which the Supervising Planner responded five on site parking spaces would be required. Regular meeting 4 Alameda City Council November 17, 2009 Vice Mayor deHaan stated the Applicant is proposing to sell 99� items. The Supervising Planner stated the Applicant is using the description to help define products to be sold; not all items will be 99� or less. Vice Mayor deHaan stated the name of the Store, Better Trade Discounts, implies the same thing. Mayor Johnson inquired whether the Applicant operates other stores, to which the Supervising Planner responded the Applicant operates a produce store in Oakland. Mayor Johnson stated the city needs to know whether the store will be a convenience or discount store. Mayor Johnson opened the public portion of the hearing. Pronent s In favor of Call for Review) Paul Singh, Alameda; Marilyn Ezzy Ashcraft, Planning Board; and Ann Selchon. Opponents (Not in favor of Call for Review) George Ring; Robb Ratto, Park Street Business Association (PSBA) Following Mr. King's comments, Vice Mayor deHaan inquired whether the three previous businesses were operated by the owner, to which Mr. King responded in the negative. Following Mr. Ratto's comments Vice Mayor deHaan requested a comparison of another store that is approximately 1 Z 0 0 square feet, to which Mr Ratto stated the best example is Three Wishes. Following Ms. Ezzy Ashcraft's comments, Mayor Johnson inquired what the Planning Board application said. Ms. Ezzy Ashcraft responded the first application said smoke shop, tobacco, cigarettes; the application got pulled; when it came back the second time, tobacco, cigarettes, candy snakes, sodas, 99� items, and newspapers; the current application lists candy, soft drinks, tobacco, gift items, including cologne perfumes and toilet accessories, grocery products, telephone cards, and 99� items; lighter fluid is listed as a hazardous Regular Meeting 5 Alameda City Council November 17, 2009 materials involved in the operation; that she noticed bongs pipes in the store. Mayor Johnson inquired whether the Planning Board was still approving the application for a convenience store ever: though it exceeded the amount of tobacco allowed in convenient stores. The Planning Services Manager responded in the affirmative; stated the finds indicated that the business was not having a negative impact on circulation and other uses within the neighborhood; stated the amount of tobacco did not exceed the amount allowed, it triggered the need for use permit review. Vice Mayor deHaan stated Economic Development and Community Development made the determination that there is a different between .level of stores; increased activity would come back for review. The Planning Services Manager stated there are zoning regulations that say that existing building and businesses within the building are exempt from providing new parking spaces if there is a change in use; Economic Development, Public Works, and Community Development are working at reevaluating parking requirements for the Park Street and Webster Street business districts; that he has received feedback that recommendations so far are to roll back parking requirements as outlined in the zoning code. Vice Mayor deHaan inquired what did Community Development do to look at retail balance; further inquired whether Economic Development would be the responsible department. The Planning Services Manager responded Economic Development could help with the analysis; Community Development felt that they could recommend findings to the Planning Boards to support approval of the use permit. Vice Mayor deHaan inquired whether there are any restrictions tc the type of stores in the area, to which the Planning Services Manager responded in the affirmative. Coun.c i lmember Gilmore inquired whether a use permit is required because of the store's proximity to residents, to which the Supervising Planner responded in the affirmative. Regular Meeting Alameda City Council 6 November 17, 2009 Councilmember Gilmore stated that she read the Planning Board minutes; the four members voting in favor of the application were very specific and vehement about the fact that they did not want to control the market and regulate the number; time and competition would eventually win out. The Planning Services Manager stated that he received the same sense. Councilmember Tam inquired whether the sale of paraphernalia typically associated with the use of illegal products would be prohibited, to which the Planning services Manager responded in the affirmative. Mayor Johnson inquired whether the Planning Board discussed the condition of drawing additional clientele adds to the mix of the business area. The Planning Services Manager responded in the affirmative; stated. Planning Board Member Ezzy Ashcraft stated that she has a concern with making said finding; other Planning Board. Members felt that they could make the finding and did so in approving the use permit Councilmember Gilmore stated that she is sympathetic to adding mix of businesses; that she is troubled by the fact that the retail space is very small and has been vacant for four years; if a better, viable business could have been successful it would; in the past, small Park Street businesses could not afford to pay for the rise in rent and eventually left town and the public is now enjoying the type of businesses we enjoy; eventually better businesses will come but will take time. Mayor Johnson inquired when paraphernalia items were observed in the store, to which the Supervising Planner responded before October 12. Mayor Johnson suggested bring the matter back for review within three to six months; that she is concerned that there have been three different applications; perhaps the Applicant is tailoring the application to meet expectations; the business plan needs to fob.low what is noted on the application. Regular Meeting 7 Alameda City Council November 17, 2009 Vice Mayor deHaan stated that he concurs with Mayor Johnson; inquired what are the activities above the store, to which the Supervising Planner responded residential units. Vice Mayor deHaan inquired whether the upstairs could be used for other stores, to which the Planning Services Manager responded in the affirmative. Councilmember Gilmore inquired whether said change would. trigger City review if they wanted to change the use from residential to some type of business. The Planning Services Manager responded we would want to make sure that egress and building code requirement are met in addition to fire code requirements; stated parking would need to be reviewed. Councilmember Gilmore inquired whether the change of use would trigger the parking requirements because they would not be grandfathered in, to which the Planning Services Manager responded in the affirmative. Councilmember Matarrese stated we do have jurisdiction over this type of business and the zone in which it resides; there is always going to be somebody one foot over the line; inquired whether there will be protections for the rest of the district in which the business will reside, to which the Planning Services Manager responded in the affirmative. Councilmember Matarrese stated that he cannot support upholding the Planning Board's decision; the convenient store started out as something that he could never support and has migrated to something that might be palatable; that he would like to see if there is something that can be made that does not require protection; convenient stores within 300 feet of residential buildings has protection because there are negative impacts; the reason the rest of the district is considered is because the finding has to work within the context of the district; that he would be supportive of sending the matter back to staff to see if something could be worked out so that it is not a convenience store. Mayor Johnson inquired what is the difference between a convenience store and a 99� store. Regular Meeting Alameda City Council November 17. 2009 The Supervising Pla nner responded there is no line distinction; stated staff considered this a convenience store because staff wanted to make sure that we had in place protections that this store would not evolve into something objectionable to the co Mayor Johnson inquired whether convenience store rules are strong enough that this store cannot evolve into a 99� store to which the Planning Services Manager responded in the negative. Mayor Johnson inquired ghat kind of conditions could be put in place to ensure that the store does not become a 99� store. Vice Mayor deHaan responded the square footage would never be there to run a 99 cent store; stated a good 99� cent store would take up no less than 9,000 square feet. Councilmember Gilmore moved approval of the staff recommendation with the one change that it come back for review by the Planning Board in six months as opposed to a gear. Vice Mayor deHaan seconded the motion. Under discussion, Councilmember Matarrese stated that he has concerns regarding staff having the burden of policing the establishment to ensure that conditions are met; future consideration should be given to how costs can be recovered. On the call for the question, the motion carried by the following voice vote: Ayes: Cou.ncilmembers deHaan, Gilmore, Tam, and Mayor Johnson 4. Noes: Councilmember Matarrese 1. Vice Mayor deHaan stated window coverage on a convenience store is an issue; that he would like this project to become a model of executing the current ordinance. COUNCIL REFERRAL.., 09 Consideration of M odifying the September 15 Council Direction regarding Measure ww Funding. Councilmember Gilmore stated. the Council Referral is a procedural matter and is not up for a full debate tonight; at the last Council meeting, Council direction to staff was to go out and get East Bay Regional Park District (EBRPD) bond counsel Regular Meeting 9 Alameda City Council November 17, 2009 opinion regarding Measure WW; since direction was given it has carne to staff' attention that EBRPD' s bond counsel opinion probably will not be forthcoming for quite a while; that she is requesting that the matter be placed on the next City Council agenda in order to have a full discussion and a decision made one way or another. Speakers Dorothy Freeman, Alameda; Joseph. Woodard, Estuary Park Action Committee; Former Councilmember Barbara Kerr; Reed Wetheri l l Alameda; Debra Arbuckle, Norths ide Neighbors; Rosemary McNally, Alameda; Gretchen Lipow, Alameda; Michael John Torrey, Alameda; Rich Sherratt, Alameda Boys Girls Club. Councilmember Gilmore moved approval to place the matter on the December l City Council agenda. Councilmember Tam seconded the motion. Under discussion, Councilmember Tam stated the procedural issues seems like a catch 22 that was created based on Council's reliance on comments made by EBRPD management; EBRPD has advised that Council will not know whether the project is eligible until an application is submitted; however, an application cannot be submitted unless the project is on a list; irrespective of the merits of the project it has to be discussed; it is appropriate to have a full, substantive discussion on December 1 and get something resolved one way or another before the end of the year. Mayor Johnson stated that she does not have a problem with bring the matter back for discussion; that she would like to request that EBRPD to get an opinion from bond counsel. Councilmember Matarrese inquired what is taking so long. The Interim city Manager responded the EBRPD Assistant General Manager has indicated that the bond counsel opinion will not be forthcoming and that no opinion on the eligibility of project can be rendered by the District in whole or in part until such time that a completed application is sent; a determination would be made as the application goes through the process; that she does not want anyone to anticipate a January answer. Regular Meeting 10 Alameda City Council November 17, 2009 Mayor Johnson stated the request needs to be made EBRPD representatives have indicated to Council and the Boys Girls Club that the project seems to meet Measure ww requirements. Vice Mayor deHaan stated there is concern whether the project is legal. Te Interim City Manager stated that she would urge the Assistant General Manager and indicate Council's eagerness t o receive bond counsel opinion; that she does not wart to leave anyone with the expectation that the opinion will be forthcoming until the application is completed. Mayor Johnson stated EBRPD representatives need to let Council know if their position has changed and not in vague terms. Councilmember Matarrese stated that he has no problem with calling the question; Council will need to make a decision; the question is not if Council can, but if Council should; that he wants EBRPD representatives to come back in person to answer questions. Vice Mayor deHaan stated a wish list needs to be finalized; inquired whether the list is in order; Council needs to know what would be given up. The Interim City Manager responded needs need to be revisited and revalidated; stated careful attention needs to be given to deferred maintenance; deferred maintenance projects are limited under Measure ww because projects have to have a life of twenty five years. Vice Mayor deHaan stated that Council needs to be armed with all of the information; inquired whether the list would be put together by December 1. The Interim City Manager responded not if the process goes through the Recreation and Park Commission. Councilmember Matarrese stated the list has been vetted twice in the last year by the Recreation and Park Commission; the list can be brought back at anytime for analysis; the question is whether to wait for a legal decision that he does not have any faith will come or answer the question whether should we. Regular Meeting Alameda City Counc Z- November 17, 2009 On the call for the question, the motion carried by unanimous voice vote 5. CITY MANAGER COMMUNICATIONS (09- Fire Department Response Standards The Fire chief gave a Power Point presentation. Councilmember Tam stated since the beginning of the year when we started looking rotat.:�n.g brown outs because of the effort to save funds; a decision was made to close Station 5; inquired whether training has been compromised because of the brownout as well as staffing issues. Th Wire Ch i e r responded we were challenged even before brownouts; any fire department is challenged in providing encugh training; since the brown outs there is an affect plus the reduction of one of the training directors; crews are busier; the matter is more of a logistics issue but has been managed quite well; a training calendar has been put together for the next two gears. Councilmember Tam stated team coordination comes with the number of drills; inquired what difference you have noticed since brownouts in the number of drills you are able to perform before and after. The Fire chief responded that he heard complaints that not enough drills were performed even before the brownouts especially multi- company drills; staff still has the obligation to cover the City and provide services when training; response times can be impacted during training. Councilmember Tam inquired whether response times are impacted because there is not enough staff to cover the people who are in training. The Fire Chief responded in order to have an effective joint exercise, you need at least two or three companies and response time could be delayed. Councilmember Gilmore requested explanation Alameda does not have any high -rise buildings; inquired why do we need two trucks. Regular Meeting Z Alameda City Council November 17 2009 The Fire Chief responded one reason is that trucks are dispersed throughout the community to improve response time and also to get enough resources to perform all tasks; the close proximity of buildings we cannot put ladders between buildings; ventilating roofs is important; two ladders are needed in order for firefighters to have another to egress if they are on a roof. Councilmember Gilmore stated the answer she received was that the City has a lot of properties that are odd shapes and have deep lot and sometimes that is the only way to get to the back. The Fire Chief stated sometimes access to the back is difficult. Mayor Johnson stated more prevention should be done. Councilmember Tam stated the ladder truck was critical at the Grand Street fire because of the set backs from the street; an angle was needed from the street level. Vice Mayor deHaan stated a consultant questioned the value of the ladder truck; inquired why the consultant was so critical. The Fire Chief responded some people may think that if water is not being put on a fire they are not as important; stated truck companies are usually the first to be cut because they are not as multi versatile as an engine. The Fire Chief continued with the Emergency Medical service portion of the presentation. Mayor Johnson stated response times would be quicker by treating each medical call as a heart attack.; however, the downside would be putting people at risk. The Fire Chief stated the Fire Department is putting a lot of stock in the process that dispatch uses to evaluate cabs. Councilmember Matarrese stated decisions made on the scene will be made by the dispatcher; inquired whether we will have some say in what the dispatch center does. The Fire Chief responded in the negative; stated system is certified and has been tested and evaluated millions of times. Regular Meeting 13 Alameda City Council November 17, 2009 Councilmember Matarrese stated there needs to be assurance that people answering the phones have been properly trained and qualified to make decisions. Vice Mayor deHaan stated irreversible damage occurs within six minutes in a cardiovascular event; in most situation the Fire Department will not be at the scene within said time. The Fire Chief stated the Fire Department at best would just be arriving within five and a half to six minutes into the call; patient outcome would depend on the degree of arrest; if there is full arrest at mark zero and we get there at six minutes chances of survival are properly 50 -50; survival would have a deprivation. Vice Mayor deHaan stated hopefully, said event does not happen often. The Fire chief stated statistic would be provided; the Fire Department needs to partner with the public; more public building are equipped with defibrillators; the public needs to be educated in CPR. Councilmember Tam stated usually communities want to have neighborhood fire stations; inquired whether that gets reflected in the response time for cardiovascular events or is it just an average from any station. The Fire chief responded averaging from stations; stated the earlier intervention, the better chance of survival; engines are often times preserved and trucks are cut because 85% of call volume is medical. Councilmember Matarrese stated the average by itself is meaningless it is what the range is. The Fire chief stated is someone is in full cardiac arrest in eight minutes we are not going to bring them back.; arriving on the scene in four minutes saving them with limit di sab i 1 ity; the longer past four, the more the chances of disability if they recover. The Fire Chief continued the presentation. Regular Meeting 14 Alameda City Council November 17. 2009 Vice Mayor deHaan inquired whether three engines would response to a boat f ire no matter what, to which the Fire Chief responded in the affirmative. Councilmember Matarrese inquired what is the response to flooding. The Fire Marshall responded a gas leak in a flooding basement would be treated as a natural gas leak which would require three engines, one truck, an ambulance, and a Battalion Chief. Mayor Johnson inquired whether there is a protocol for tube accidents. The EMS Chief responded stated the Posey Tube is a dangerous environment to have an accident; injuries are hard to detect; we use those resources to secure access to get staff in to determine that; both Alameda and Oakland response to tube incidents. Mayor Johnson inquired whether the new dispatch system would be able to determine whether injuries are involved.. The EMS Director responded it would depend on the quality of the reporting party. Mayor Johnson inquired whether people typically drive out of the tube and report a stalled vehicle. The EMS Chief responded there is not a typical Posey Tube call. Mayor Johnson stated the tube belongs to CalTrans; maybe CalTrans can give people instructions on what to do if there is an accident in the tube; that she noticed similar instructions on the freeway a couple of weeks ago. The Fire Chief stated that he would propose suggestion to CalTrans. The Fire Chief continued with the Measuring Performance portion of the presentation. Coun.c.ilmember Matarrese stated since we have had seven months of brownout in 2009 he does not see a breakdown of the first four months and the last seven months; the best comparisons would. be Regular Meeting 15 Alameda City Council November 17 2009 a before and after; it is important to have previous years to show a trend. The Fire Chief stated data can be shown in any requested timeframe; staff looked. at April 1 to October 31; brownout started on January 2 6; the first few months were very eradicate; from April 1 on Station 5 closed; data for April 1 through October 31, 2009 is being compared to the same seven months in the prior three years. Councilmember Matarrese stated the tables should be labeled accordingly. The Fire Chief continued the presentation. Councilmember Tam inquired whether it is fair to say that the months of April through October your ability to comply with the NFPA standards was a little over 706- of the time and in 2009 the yellow and red bar shows that you were out of compliance with the NFPA 90 t to which the Fire Chief responded in the affirmative. Vice Mayor dean stated District 5 is less than 10% in many instances; why would we not go a geographical area that encompassed the same amount of activity. The Fire Chief responded Station 5 was the selected station to brown out because of the low call volume. Councilmember Matarrese stated statistics are pointers, not the total picture of assessing the outcome; performance was worse in 2006 than. 2 009 with the brown out situation; the matter begs all sorts of questions; that he want to know impacts. The Fire Chief stated monthly reports show the number of affected calls throughout the city; impacts are noted; f ortunately, significant impact s have not occurred due to delayed response times. Councilmember Tam stated the dice is being rolled by being out of compliance. The Fire Chief stated studies were conducted by Citygate in 2004 and this year by ICMA; data matched ours; we were hitting the same percentage of response time back then as we are now. Regular Meeting Alameda City Council November 17, 2009 The Fire Chief continued the presentation. In response to Councilmember Matarrese's inquiry, the Fire Chief stated response times in prior gears improved because of improved technology; response times this year dropped because of closing Station 5. Councilmember Tam stated the brown out was the result of going down from 27 to 24 staffing; inquired whether staff totaled 27 in 2008, 2007, 2006, to which the Fire Chief responded in the a f f i rma t i ve Court i lmember Tam inquired why a four-year comparison was made for all districts and only two years for Station 5. Stat person: responded the district data was only available for two gears; stated data has been requested from the county, but data has not been forthcoming at this point. The Fire Chief stated significant impacts have not occurred because of the low volume of calls at Station 5; as the volume of calls increases hitting a significant impact increases. Vice Mayor deHaan inquired how districts are formed. The Fire Marshall responded districts are divided by geographical locations; stated new technology will be implemented within the next twelve months that will dispatch the closest fire unit by travel distance. Mayor Johnson inquired whether implementation could be done before twelve months. The Fire Marshall responded technology is in place; stated an obstacle is programming issues. The Fire Chief stated the Automatic Vehicle Location would allow dispatch to identify where the call is and pick the unit closest to the call. Mayor Johnson inquired who would be implementing the program, to which the Fire Chief responded Alameda County Communication Center. Regular Meeting 17 Alameda City Council November 17, 2009 The Fire Chief continued the presentation. Mayor Johnson stated in the past, there has been partial implementation of sprinkler requirements. The Fire Chief stated there have been significant changes in sprinkler requirements; new residential and commercial construction will require sprinklers. Mayor Johnson stated Alameda already requires sprinklers for new construction; perhaps requirements should be made for high -risk buildings even if the buildings are not new construction. Councilmember Matarrese stated that he would like to see refining of tracking data such as a month to month report card to see what is significant and what is not; the costs of delivery medical service will increase due to the fact that many more people are at home now than in the past. Vice Mayor deHaan thanked staff for the data; stated the data will continue to improve; mutual aid calls are a concern; data should be provided; community training is important; the CERT program is very worthwhile. The Fire chief stated. Alameda was responding into Oakland a lot; last fall a new policy was implemented where Alameda will not responded to Oakland if the City has two or fewer ambulances; calls to Oakland have been cut by approximately 98-; Alameda uses mutual aid more than Oakland does. Coun.cilmember Gilmore inquired whether AMR responding to an Alameda call is not included in the EMS response times, to which the Fire chief responded in the affirmative. Counci:imember Tam stated tonight's presentation grew out of exhaustive budge discussions; inquired what is the role of staffing in terms of providing adequate coverage and response time. The Fire Chief responded an analysis would need to be done regarding how many additional companies would be needed to achieve the standard. Councilmember Tam stated staff needs to try very hard to meet the standard. Regular Meeting 18 Alameda City Council November 17, 2009 The Fire Chief stated staf f is reviewing things that can be done budgetarily. Councilm.ember Tam stated the Fire Department would not be able to get accreditation with the current response times. The Fire Chief stated the accreditation process would be another road map to determine how accreditation could be accomplished. Mayor Johnson inquired ghat is the percentage of transports that go outside of Alameda, to which the Fire Chief responded approximately half. Mayor Johnson stated outside transports put people at risk. The Fire Chief stated staff is evaluating other wags to deliver patients off the island. Councilmember Matarrese stated the problem is geographical.; the City has walked up to the edge and needs to see how solid the edge is; the City has been fortunate that there have not been any significant impacts. Mayor Johnson requested a breakdown of emergency and non- emergency calls. (09 Counci. member Matarrese moved approval of continuing the meeting past midnight. Vice Mayor deHaan seconded the motion, which carried by unanimous voice vote 5. Coun.cilmember Gilmore thanked staff for the detailed report; Council is vitally interested in the issue; data is important; Council's decisions are only as good as the data provided; the data is presented in a very understandable manner. Vice Mayor deHaan inquired whether other fire departments are performing data collection, to which the Fire Chief responded data collection is performed to a certain extent. Regular Meeting 19 Alameda City Council November 17, 2009 09- Update on Councilmember Tam's Referral: sunshine Community Task Force The Interim City Manager gave a brief presentation. Councilmember Matarrese stated that he would like to see a sunshine ordinance move forward and go through the Community Task Force route. Councilmember Tam stated that she concurs that the matter should go through a Community Task Force effort rather than spend time in second guessing whether a lobby registry would be needed as part of a ordinance; the matter may not be a priority for the community; the community may see a bigger focus on trying to improve the rating on accessibility of the Public Records Act; hopefully, the issue will be more community driver rather than staff driven. Mayor Johnson stated council should decide on components regardless if the issue is community or staff driven; the lobbying registry is something that would be very valuable to the entire community. Councilmember Gilmore stated the Planning Board has tackled the noticing guidelines on more than one occasion; the radius has changed depending upon the type of project; staff should start where the Planning Board left off; the Planning Board has an email interest list for large community interest projects; that she does not know whether there is some mechanism to notice people by email; an email notification would cut down on costs. Vice Mayor deHaan may be able to be understand what the stated some issues extracted; it would public needs. noted in the staff report be a good idea to better Mayor Johnson stated council could provide some input to staff; staff could develop a draft and then workshops could be held; having a task force start at the very beginning is very time consuming; that she would like to include campaign contribution limits, ethic and confidential information components, state compliance Brown Act but may have our own; Councilmembers /Board. Members /Commissioners will comply with the Charter. Regular Meeting 2 0 Alameda City Council November 17 2009 councilmember Matarrese stated a task force would not bog down the process; the framework has already been done; not having an end date bogs the process down. Counc i lmember Gilmore stated that she concurs with Counc i lmember Matarrese; there are lots of reasons to have the matter be community drive; the biggest reason is that the public interacts with City Hall; the public complains whether or not the City is transparent; the public is in a unique position to advise what is important to them. Mayor Johnson stated staff should provide a starting place. The Interim City Manager stated the wheel should not be reinvented; the question is whether the task force would provide feedback on what to include or whether the task force would be working task force. Mayor Johnson stated the public should provide input. on what should be included. councilmember Matarrese stated the process is very quick.; the list should be framed. Vice Mayor deHaan stated staff would be tasked to put parameters together. Mayor Johnson stated guidelines should be provided regarding how to deal with labor negotiations. The Interim city Manager stated staff would come back with some type of construct. councilmember Tam stated the staff report suggests having a representative from the League of Women Voters, who would serve as a facilitator, in addition to one member appointed by each Councilmember; that she has a problem with community members saying that the City has some secret plan for Alameda Point and she does not know what the secret is. Councilmember Gilmore stated having the League of women Voters as the facilitator is a good idea. councilmember Matarrese stated the most important thing is establishing an end date. Regular Meeting 21 Alameda City Council November 17, 2009 Councilmember Gilmore stated the task force would not be preparing documents, just issue spotting; the list would be brought back to Council. The Interim City Manager stated staff would come back at the December 15 Council meeting; each Councilmember should have someone in mind to nominate for appointment. ORAL COMMUNICATIONS, NON AGENDA 09- Dave Duff in, Alameda, submitted video; discussed recent filming activities in the City. 09- Nancy Rogers, Protect the Point Committee, requested changing the letter assigned to the SunCal initiative. Mayor Johnson stated the City is working on changing the letter. COUNCIL COMMUNN I CATION S 09-- Consideration of Mayor's Nominations for Appointment to the Commission on Disability Issues, Housing Commission, and Youth Advisory Commission. Mayor Johnson nominated Ethel warren for the Commission on Disability Issues; Clifton J. Smith for the Housing Commission; and Samantha J. Chin for the Youth Advisory Commission. ADJOURNMENT 09- There being no further business, Mayor Johnson adjourned the Regular Meeting in memory of Dr. Alan Mitchell at 12:26 a.m. Respectfully submitted, Lara weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting 22 Alameda City Council November 17, 2 0 0 9 CITY OF ALAMEDA Memorandum To: Honorable Ma and Members of the Cit Council From: Lisa Goldman Deput Cit Mana Date: November 25, 2009 Re: List of Warrants for Ratification This is to certif that the claims listed on the attached check re and shown below have been approved b the proper officials and, in m opinion, represent fair and just char a the Cit in accordance with their respective amounts as indicated thereon, Check Numbers Amount 224022 224449 $21317,320.01 V1 9607 111 9716 $70,830.51 EFT 762 $108,401.45 EFT 763 $11,953-50 EFT 764 $80,000.00 EFT 765 $167,919.61 Void Checks: Respectfull submitted, Deput Cit Mana Council Warrants 12/01109 S21756,425-08 BILLS #4-B 12/1/2009 CITY OF ALAMEDA Memorandum To: Honorable Ma and Members of the Cit Council From: Ann Marie Gallant Interim Cit Mana Date: December 1, 2009 Re: Authorize the Interim Cit Mana to Appl for a Permit from the D Material Mana Office for Dred of the Southsh.ore La Approve a Contract with CLE En Inc., and Authorize CLE to Represent the Cit of Alameda on all Matters Pertainin Dred Permit Applications U&S] Kel a IN Public Works staff and representatives of the Alam West La Home Owners Association (AWLHO are workin to to facilitate the dred �of. la which were.created in.the 1960's. In accordance w ith theFebruar y 73 .19681 a between th Cit o and the AWLHOA, costs incurred for the maintenance of the. laaoon s includin dred are to. be `paid one.�half. b the Cit and one half b the AWLHOA. The la have not been dred s the were created durin the 1960's, except for limited localized dred a 20 y ears a DISCUSSION Maintenance dred of the la is re q uired to mai their functions and enhance their appearance. A dred permit from the Dred Mat.erial...Mana Office (DliIM0 is re r consi prior to dred The DMMO bo d ts. of the f seven a Ba Conservation and Development Commi U.S. Arm C of En USACE San Francisco Ba Re Water Qualit Control Boafd RWQCB U.S. Environmenta.1 Protection A California :State. La nd.s. Comm i.ssion California Department of Fis and Carn and the U.S. National Marine Fisheries Service. The la dred pro will re permits from .memb.er of the DMMO: USACE and the RWQCB. The permit a pplication re a bathyrnetric surve of the la bottom, sediment samplin and anal materials. Cit Council Agenda Item #4-C 12-wOl-,09 Honorable Mayor and December 1, 2009 Members of the City Council Page 2 of 3 On October 8, 2008, the City sent a Request for Proposal (RFP) to five consulting firms for this work. Only one company, CLE Engineering, Inc. (CLE).s a proposal to obtain all permits and to prepare the necessar ens, sp ecifications, and req uired p p q dredging documentation. Since.the.City received only one proposal, Public Works staff contacted all the consulting firms that did. not respond to the RFP notice. The list of consultants and their responses are as.foilows: Consulting l=ira Location Results CLE Eng ineering Inc. Novato, CA Submitted proposal for $98, Dixon Marine Services, Inc. I nverness, CA Teamed with CLE on pro osal Stern to Stern Boating Services Alame ::CA Two weeks late. and -incomplete Aquatic Environments l nc. Alamo, CA No. in -house erg ineen Nino Moore Oakland C A loot .interested Staff checked references and recei feedback and determined that CLE has the required experience to complete the work. Public Works staff ro oses to enter pro p into a contract with CLE for work related to the dredging at the S.O lag oons. Ia ovns. Total compensation for the work shall not. exceed $108 520, which includes a 10% contingency. ($9, Based .upon the:1988 agreement the Cit and the :AWLHoA i11 g y fund the project equally. A copy of the contract is on file in the City Clerk's office. Once permits are obtained, it will approximately two months for staff to .finalize the dredging bid documents for the City Council's approval. A separate contract will be awarded for the dredging portion of the project. a 1 0 N 0 N "A a The 1988 Agreement between the .City of Alameda and the Ar'.HOA requires that the project be paid one half by the city and one half py the AWL.HOA. The Cit y .s ort.ion p will be funded from the Urban Runoff Fund. The AWLHOA will deposit their share of the project as a drag down account from A ILHOA private fees. There is no impact to the General Fund. Honorable Mayor and Members of the city council K Lm�:il December 1, 2009 Page 3 of 3 Authorize the Interim city Manager to apply for a permit from the DMMO for dredging of the Southshore lagoons; approve a contract with CLE Engineering, Inc., and authorize CLE to represent the City of Alameda on all matters pertaining to dredging permit applications. Approved as to funds and account, Glenda ay Interim anc Director MTN RC.gc CITY OFALAMEDP► Memorandum To: honorable Mayor and Members of the City Council From: Lara Weisiger City clerk Date: December 1, 2000 Re: Adopt Resolution Setting the 2010 Regular City council Meeting Dates BACKGROUND Section 3 -7 (B) of the charter requires that the city council adopt a resolution setting the dates of its regular meetings in December of the preceding year. DISCUSSION Out of the 13 other cities in Alameda county, 7 start their regular meetings at 7:00 p.m. The table below indicates the start time for each .city. i.n .Alameda County: The proposed schedule changes the convene time.of the regular City Council meetings to 7:00 p.m. In addition, the first meetings in the months. of February and November. have been moved to Wednesday duo to the February 2 and .November 2 e.lections.. The remainder of the regular city council meetings are set as the first and third Tuesdays of each month, with no meetings during the month of August. FINANCIAL IMPACT None. RECOMMENDATION Adopt the resolution setting the 2010 regular city council meetings dates. Respectfully submitted, Lara Weisiger City Clerk City Council Report Re: Agenda Item ##4=D 12 -01-09 CITY OF ALAMEDA RESOLUTION NO. SETTING THE 2010 REGULAR CITY COUNCIL MEETING DATES WHEREAS, section 3 -7 (B) of the city charter of the City of Alameda requires that the city council hold regular meetings in the calendar year as fixed by resolution. 5 L NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE U. CITY OF AL.AMEDA THAT: I section 1 2010 regular City council meetings shall g y 9 all be held on. January January 19 February 3 February Yy ry ry ry nary 16, March 2, March 16, April 6, April 20, May 4, May 18, June 1, June 15, July 0, Jul 20, September 7 July p September 21, October 5, October 19, November 3, November 10 December 7, and December 21. Section 2 2010 Regular Meetings shall convene at 7:00 p.m. Section 3 Notice of the date and time of the 2010 regular city council meetings is hereby given, and the city clerk is authorized, instructed and directed to give further or additional notice of the meetings, in the time, form and manner as required by lair. 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the council of the city of Alameda in regular meeting assembled on the 1 5t day of December, 2009, by the following vote to grit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set nay hand and affixed the official seal of the said city this 2nd day of December, 2009. Lara Weisiger, city Clerk City of Alameda Resolution #4 -D cc 12 -o1 -09 CITY of LAMEDA Memorandum To: Honorable Mayor and Members of the city council From: Ann Marie Gallant Interim city Manager Date: December 1, 2009 Re: Adopt a Resolution Authorizing the Destruction of Specified Unnecessary Records BACKGROUND The Duman Resources Department has decreasing usable office and storage space due to the steady accumulation of hard copy records. The proposed resolution would authorize the destruction of documents that are no longer needed by the department. DISCUSSION State Gov't code Sec. 34090 allows public entity records to be destroyed after .various periods of time, depending on .the .type of record, as long as. written. approval from the City Attorney and authorization from the City Council. is obtained. The Human Resources Department seeks to discard records on. employee 1eave reports p rior to January 1, 2002. These documents contain information regarding the number of hours of leave granted to an employee for the payroll period, the amount of leave utilized by the employee, and the balance of leave the employee has remaining. The report covers vacation leave, sick leave, holiday hours and compensatory time. The documents should not be recycled due to the confidential nature of information that may be contained in them and will be shredded. FINANCIAL IMPACT The cost for the destruction of these records will be approximately $25. The funds for the destruction of these records are budgeted in the FY09 /10 Human Resources Department's account for contractual services (Account number 2510 61060). RECOMMENDATION Adopt a Resolution authorizing destruction of the specified unnecessary records. City Council Report Red Agenda Item #4 -IE 1 2-01 -0g Honorable Mayor and Members of the City Council Approved as to funds and account, Glen a a Interim Finance Director December 1, 2009 Page 2 of 2 CITY OF ALAMEDA RESOLUTION NO. AUTHORIZING THE DESTRUCTION OF SPECIFIED UNNECESSARY RECORDS OF THE HUMAN RESOURCES DEPARTMENT WHEREAS, state law permits a public entit to discard specified Cit records after passa of time on written authorit of the Cit Attorne and approval of Council- and WHEREAS, the Human Resources Department seeks to free up space b discardin specified unnecessar records created prior to Januar 1, 2002 as referenced in the staff report; and WHEREAS written approval for the destruction of the records has been provided b the Cit Attorne NOW, THEREFORE, BE IT RESOLVED that the Human Resources Department is hereb authorized to destro the specified records. 1, the undersi hereb certif that the fore Resolution was dul and re adopted and passed b the Council of the Cit of Alameda in a re meetin assembled on the 1st da of December, 2009, b the followin vote to wit: AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set m hand and affixed the seal of said Cit this 2 d da of December, 2009. Lara Weisi Cit Clerk Cit of Alameda Resolution #4-E CC 12-01-09 CITY OF ALAM EDA Memorandum To: Honorable Mayor and Members of the city Council From: Ann Marie Gallant Interim city Manager Date: December 1, 2009 Fie: Introduce an Ordinance Approving and Authorizing the Execution of a Lease Agreement between the Water Emergency Transportation Authority, as Lessee, and the City of Alameda, as Lessor, for the Development of a Ferry Maintenance and Operations Facilit at Alameda Point BACKGROUND The San Francisco Bay Area Water Emergency Transportation Authority (WETA) is proposing to build a central Bay maintenance and operations facility at 670 W. Hornet Avenue at Alameda Point. The term of the proposed WETA sublease is 66 years and is consistent with the term granted the other long -term public trust tenant, East Bay Regional Park District. DISCUSSION WETA plans to construct a waterside facility that can accommodate six to ten ferry vessels at a time. The facility will be designed and built to service all WETA ferry boats that operate in the central Bay. Some of the activities that will take place at the facility include day-to -day management and oversight of the ferry services, crew reporting, and maintenance of the boats. The facility will also serve as an emergency operations center in the event of a regional disaster that requires sustained water transit service for emergency response as well as recovery purposes. The facility also will be able to service passengers in an emergency situation. The project may include administrative offices for WETA, depending on space availability and other considerations. The estimated project cost is in excess of $20 million. The proposed facility will be subject to the City's review and permitting processes. WETA has proposed to use the area previously occupied by Building 385 and the small boat marina, as depicted in Exhibit 1. Exhibit 2 describes the business terms for the proposed sublease for WETA. The proposed annual rent for WETA is $58,908 or $0,15 per square foot for Up Land ground space and $0.075 per square foot for submerged Land. There will be a three percent annual increase with this sublease. Staff and WETA met with the East Say Regional Park District (EBRPD) to ensure that the development of this facility won't hinder the potential development of a recreational City Council Report Re: Agenda stern ##4 -F Honorable Mayor and Members of the City Council December 1, 2909 Page 2 of 2 boat facility in the same vicinity. EBFPD representatives requested that wherever possible wETA's facility design include elements to help reduce the intensity of wave actions in the inshore and serve as a "breakwater" for the harbor. Consistent with the Exclusive Negotiation Agreement between the Alameda Reuse and Redevelopment Authority and Alameda Point SCC, LLC (SunCal development), this lease was discussed with the developer, and they have no objections. FINANCIAL IMPACT The funds from this sublease will generate approximately $58,908 in the first year. These funds will be retained by the General Fund as Property Rental Income. There will be no negative financial impact. 1011�10 -1 Introduce an ordinance approving and authorizing the execution of a lease agreement between the Water Emergency Transportation Authority, as Lessee, and the City of Alameda, as Lessor, for the development of a Ferry Maintenance and operations Facility at Alameda Point. Res e Ily submitted Leslie A. Little Economic Development Director Approved as to funds and account, Glenda a Interim 11 Hance Director Exhibits: 1 Proposed w ETA site 2. Proposed sublease Business Terms C� C.fl o a N c9 0 o d- J Imo❑ I >1 1A i c l� �l l� W Q U CU i U CU LLJ Ui 0 C1 0 L City Council Exhibit 1 to Report Re: Agenda Item #4 F 12-01-09 *0 MW �04 N; k 114 PROPOSED SUBLEASE BUSINESS TERMS TENANT BUILDING SIZE TERM ENT Water Emergency Up land 11700 sf alp 66yrs $4,909 /month Transportation and land and Authority (WETA) Submerged 42, 050 land at 670 submerged W. Hornet land Ave, City council Exhibit 2 to Report Re: Agenda Item ##4 -F 12-01-09 CITY OF ALAMEDA ORDINANCE NO. APPROVING AND AUTHORIZING A 66 -YEAR LEASE WITH THE WATER EMERGENCY TRANSPORTATION AUTHORITY, AS LESSEE, AND THE CITY OF ALAMEDA, AS LESSOR, FOR A FERRY MAINTENANCE AND OPERATIONS FACILITY AT ALAMEDA POINT WHEREAS, the Oakland /Alameda Ferry began service in response to the Lorna Prieta Earthquake in 1989; and WHEREAS, the San Francisco Bay Area Water Emergency Transportation Authority (ETA) desires to build central Bay maintenance and operations facility at 670 W. Hornet Avenue, on City -owned property at Alameda Point; and WHEREAS, the WETA's facility will be designed and built to service all Water Emergency Transportation Authority ferry boats that operate in the central Bay and plan to accommodate as many ferry vessels as possible; and WHEREAS, ferry service is a very important transit option for businesses and residents of Alameda; and WHEREAS, the WETA agrees to pay rent of $58,908 with a three percent annual increase; and WHEREAS, the council of the city of Alameda finds and determines that the use of the property proposed, to provide ferry services, is in the best interest of the city; and addresses the immediate service of public transportation for Alameda residents and surrounding communities; and WHEREAS, the council finds that said property should be leased to the San Francisco Bay Area Water Emergency Transportation Authority. NOW, THEREFORE, BE IT ORDAINED by the council of the City of Alameda, by four affirmative votes that: Section 1. The city Manager of the City of Alameda is hereby authorized to execute, for and on behalf of the city of Alameda, a Lease substantially in the form and containing the terms and conditions and covenants as set out hereinabove and the city clerk is hereby authorized and directed to attest to the same. Introduction of Ordinance #4-F Cc 12 -01 -00 Section 2. The ordinance shall be in full force and effect immediately upon the date of its introduction and adoption on Presiding Officer of the city council Attest: Lara Weisiger, city Clerk City of Alameda I, the undersigned, hereby certify that the foregoing ordinance was duly and regularly adopted and passed by Council of the city of Alameda in regular meeting assembled on the day of 2009 by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said city this day of 2040. Lara Weisiger, city clerk City of Alameda CITY of AL.AMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: December 1, 2009 Re: Adopt an ordinance 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 Potential waivers to Developers that voluntarily Provide for Affordable dousing Units as an Element of Their Residential Development Project and Providing Incentives and Concessions for Residential Development Proie irk. Commercial or Mixed Use Zones BACKGROUND On November 17, 2009, the city Council introduced an ordinance that provides a density bonus and concessions, incentives, or waivers for residential or mixed use projects where a developer voluntarily proposes to designate some of the housing units in the development as affordable. DISCUSSION The City Council voted to introduce the ordinance subject to a modification making it clear that the list of concessions and incentives in the ordinance would apply only to projects on sites with a commercial or mixed use Zoning designation. Staff understands that the city Council seeks to have caps or limits on the list of concessions and incentives for projects on sites with a residential Zoning designation and will be scheduling consideration of these at a future Planning Board meeting. Staff intends to return to the City Council with an ordinance amendment on January 19, 2010 or February 3, 2010. During its presentation, staff noted that it agreed with some changes to the ordinance recommended by the Alameda Architectural Preservation Society, and the final version of the ordinance includes changes to the following subsections: 30- 17.0.a.3. Replaced the term "renovation" with "substantial rehabilitation" which is more specific and is the term used in State lam. 30- 17.3.1. Added definition for the term "substantial rehabilitation City Council Report Re: Agenda item #4 -G Honorable Mayor and Members of the City council December 1, 2009 Page 2 of 3 30 -17.4 b. 2. Added language that requires an applicant to adequately document the need for a concession or incentive related for projects including land donation or child care facility. 30 -17.10 a. 7. Added language making it clear that modifications to the zoning code to permit mixed use projects would be consistent with the General Plan. 30- 17.15. b. 7. Modified language requiring that an applicant provide a financial report detailing hoer a concession or incentive would make construction of a child care facility economically feasible. The above mentioned changes have been made to the draft ordinance. 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. There is no impact to the General Fund. MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE The proposed ordinance inserts subsection 30 -17 in Article I of chapter XXX, Development Regulations of the Alameda Municipal Code. 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 Adopt an Ordinance 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 Potential Waivers to Developers that Voluntarily Provide for Affordable Housing Units as an Element of Their Residential Development Project and Providing Incentives and Concessions for Residential Development Projects in Commercial or Mixed Use Zones. Honorable Mayor and Members of the City Council Respectfully submitted, dn 4is Planning Services Manager Approved as to funds and account, Glenda D. Jay Interim Finance Director 1 1I December 1, 2009 Page 3of3 Exhibit: 1. Negative Declaration (on file in the City Clerk's Office) CITY OF ALAMEDA ORDINANCE No. New Series AMENDING THE MUNICIPAL CODE BY ADDING SECTION 30 -17 DENSITY BONUS REGULATIONS) TO ARTICLE I (ZONING DISTRICTS AND REGULATIONS n OF CHAPTER XXX (DEVELOPMENT REGULATIONS) TO ALLOW DENSITY BONUS UNITS AND POTENTIAL WAIVERS TO DEVELOPERS THAT VOLUNTARILY PROVIDE FOR AFFORDABLE HOUSING UNITS AS AN ELEMENT %T of THEIR RESIDENTIAL DEVELOPMENT PR OJECT AND PROVIDING INCENTIVES AND CONCESSIONS FOR RESIDENTIAL DEVELOPMENT I t PROJECTS IN COMMERCIAL OR MIXED USE ZONES 4 w� WHEREAS, in 1979 the State of California adopted legislation that provided incentives to encourage private developers to include "affordable units" in their market rate residential projects and this legislation has been amended numerous times since its inception, most recently in 2008; and WHEREAS, with certain exceptions, California Government Code Section 65915 requires that a City provide for a density bonus and other incentives or concessions if a developer, among other things, agrees to construct specified numbers of affordable housing units; and WHEREAS, the Housing Element of the City of Alameda General Plan, adopted in May 2003, includes an objective calling for the adoption of a density bonus ordinance; and WHEREAS, the Alameda Planning Board has held public hearings at which public comment was received and considered and has recommended adoption of a density bonus ordinance to the City Council; and WHEREAS, the City wishes to maintain an economically balanced community with housing available to households of all income levels and this Council seeks to provide incentives for the creation of affordable housing units; and WHEREAS, the City Council wishes to add density bonus regulations to Article 1, Chapter XXX, Development Regulations, of the Alameda Municipal Code, subject to compliance with all standards requirements and appropriate review as provided for in the density bonus regulations; and WHEREAS, an Initial Study was prepared for this ordinance, which proposed that a Negative Declaration be approved; and WHEREAS, Public Notice of the proposed Negative Declaration was given as required by Section 21092 of the Public Resources Code, the Negative Declaration was circulated for public review and no comments were received in connection with the Negative Declaration; and Final Passage of ordinance #4.G CC 12-01-09 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 THE CITY OF ALAMEDA DOES ORDAIN AS FOLLOWS: Section 1 ordinance Adoption. Article I of Chapter XXX of the Alameda Municipal Code is hereby amended to add a new Section 30 -17, Density Bonus Regulations, to read as follows: 30 -17 DENSITY BONUS ORDINANCE 30 -17.1 Purpose The purpose of this Density Bonus ordinance is to create incentives for the provision of affordable housing, senior housing and the development of child. care facilities in Alameda. The California Legislature requires each local government to adopt an ordinance that specifies how the jurisdiction will corn ply 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 content 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 attributed to them in Government code sections 65915-65918 as it now exists or may hereafter be amended. a. Affordable Housing or Affordable Housing Unit shall mean a dwelling unit required to be offered at Affordable Rent or available at Affordable Housing cost to Very Love, 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 3017. 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 Afforda Housing Units in a development for which a density bonus is granted under this section 30 --17. g. Maximum Allowable Residential Density means the density allowed under the zoning ordinance and land use element .of the general plan, or if. a range of densities is permitted, means the maximum allowable density. Where the density allowed under the zoning ordinance is inconsistent .with.the density allowed under the land use element of the general plan, the general plan density shall prevail. h. Mixed -Use Development Project means a Development that includes residential as well as commercial, office, or industrial uses. i. substantial rehabilitation means rehabilitation, the value of which constitutes 25 percent of the after rehabilitation value of the dwelling, inclusive of the land value. 30 -17.4 Density Bonus Application a. In order to receive concessions and /or incentives, or waivers under this section 3017, 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 J 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 Dousing Units, senior housing units, or age restricted mobile home park units; a description of any land the Applicant proposes to donate .for low income housing units; and any child care facilities the Applicant proposes to construct as part of the qualifying housing development premises or on an adjacent property; 3. The zoning and General Plan designations and assessor's parcel number(s) of the project site; 4. A vicinity map showing the location of the proposed project. 5. A set of preliminary project plans that include a site plan shoring all building and structure footprints or locations, d rive aisles and parking layout; floor.plans of all structures .and buildings; and architectural elevations .of all buildings and structures, all drawn to scale. 5. 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. 3. The Affordable Dousing k nit .Plan described in .subse.ction 30 -1 7.15 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 invol.yes 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 30.17.9 a., "Requests for Incentives or concessions," or 30 -17.12 a., "Waivers of Development Standards the Physically Preclude construction," are made in writing. 11 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." 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 -15 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 -10 conflict, the more demanding provisions in terms of affordable housing production of section 30 -15 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. .9. 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 05015 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 30-17 apply to the following development categories: 5 1. New residential development projects of 5 or more dwelling units, regardless of the type of dwelling units proposed. Applicant shall demonstrate that at least 5 residential units can be developed on the project site in compliance with all zoning and development regulations. 2. where permitted or conditionally permitted by the underlying zoning designation of a site, mixed -use developments that include at least 5 dwelling units. 3. Substantial rehabilitation of one or more multiple- family residential structures containing at least 5 units that results in a net increase in the available 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- 177.3) 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. 30 -17.7 Specified Housing Unit Type, criteria, and Standards 6 The city shall grant a Density Bonus, and incentives or concessions as described in subsection 30- 17.10, when an Applicant seeks and agrees to construct a Development that meets the standards and criteria of the following specified housing unit types. 30.17.7.1 Development that Include very Low Income Households a. A 'fiery Low Income Household project shall include a minimum of 5 percent of the total dowelling units of a Development or fixed 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 Love income Households, the Density Bonus shall be calculated as follows: Percentage Very Love Income Units 5 5 7 8 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 Mixed Use Development for Love 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 dowelling units for Low Income Households, the Density Bonus shall be calculated as follows: Percentage Low-income Units 10 11 12 13 14 15 10 17 18 19 20 Percentage Density Bonus 20 21.5 23 24.5 25 27.5 29 30.5 32 33.5 35 7 30- 17.7.3 Developments that Include Moderate Income Common Interest Developments a. A Moderate Income Common Interest project shall include a minimum of 10 percent of the total dwelling units in the development for Moderate Income Households as defined in section 1351 of the Civil Code (typically a condominium or small -lot single family development) for persons and families of Moderate Income, as defined in section 50093 of the Health and safety Code, provided that all units in the development are offered for purchase to income qualified members of the general public. b. For Residential Developments that include 10 percent of the total dwelling units in a common interest development for persons and families of Moderate Income, the Density Bonus shall be calculated as follows: Percentage Moderate Income Units Percentage Density Bonus 10 5 11 6 12 7 13 8 14 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 36 31 37 32 38 33 39 34 40 35 0 30-17.7.4 A senior Citizen lousing Development or Mobile Horne Park that Limit Residency Based on Age Requirements A senior Citizen Housing Development or a mobile hone park that limits residency based on age requirements for housing for older persons pursuant to Section 798.70 or 799.5 of the civil code shall be entitled to a Density Bonus of 20 percent of the number of senior housing units. 30- 17.7.5 Developments that Include the Donation of Lard a. When an Applicant for a tentative subdivision reap, parcel reap, or other residential development approval donates land to the city in accordance with this subsection, the Applicant shall be entitled to a 15 percent increase above the otherwise maximum allowable residential density for the entire Development as follows: Percentage very Low income 10 11 12 13 14 15 10 17 18 19 20 21 22 23 24 25 20 27 28 29 30 Percentage Density Bonus 15 15 17 18 19 20 21 22 23 24 25 25 27 28 29 30 31 32 33 34 35 b. The Density Bonus for land dedication shall be in addition to any Density Bonus allowed by subsections 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: 9 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 reap, 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: G) 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 5.55.83.2 of the Government Code, or as it may be amended.from time to time and (iii) or will be served by adequate .public facilities and infrastructures for the development of.very- lour 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 neap, or of. the Development application seeking the. Density Bonus, the transferred land shall Have al.l. 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 ma subject. the proposed. Development jo. su.bsequent design review. to the extent authorized by section 65.583.2(1), if the design .is. not reviewed by the city prior the transfer. 4. The transferred land and .the Affordable dousing units shall be subject to a deed restriction, which shall be recorded on the property upon dedication, ensuring continued affordability of the units for at least 33 years. 5. The land is transferred to the city or to a housing developer approved by the city. 5. The transferred land is within the proposed Development or, if the city agrees, within one quarter mile of the boundary of the proposed Development. 7. A proposed source of funding for the development of very low income units shall be identified not later than the date of approval of the final subdivision reap, parcel map, or residential development application. 30- 17.7.6 Developments that Include a Child Care Facility 10 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- 1 7.7.0, the Applicant shall submit for review and approval by the Planning and Build.ing 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- 17.7.6; and Z. Of the children who attend the Child. Cqrefacil.i the children of Very Low- Income Households, Lour income Households, Moderate -1 ncorne Households shall equal a percentage that is equal. to. or. greater than the percentage of Dwelling Units that are made affordable to very Love- Income Households, Lour- income Households, or Moderate- income .Households. d. Notwithstanding any requirement of this subsection 30- 17.7.6, the City need not provide a Density Bonus or concession for .a Child Care Facility if it finds, based upon substantial evidence, that Alameda has adequate child care facilities. 30- 17.7.7 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 Moderate Income households for 30 years, or 15 percent of the total units of the proposed Development affordable to Lour- 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. 1. Grant a Density Bonus of 25 percent; or I 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 Timing of Development of Affordable blousing 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 dousing Units shall reflect the range and .numbers of bedrooms provided in .the project as a whole, and shall not be distinguished by design, construction or materials. 2. owner occupied Developments. Owner- occupied .units shall be integrated within the. project. Affordable Housing Units. may be smaller in size and have different interior finishes and features than. market -rate units so long a s the interior features are durable, of good. quality. a consistent with contemporary standards for new housing as determined by. the Planning and Building Director.. All Affordable blousing units shall reflect the range :and numbers of. bedrooms provided in the project. as. a whale, except that Affordable Housing Units need not provide mare than four bedrooms. b. No building permits will be. issued for market -rate units until permits for all Affordable Housing units have been obtained, unless Affordable Housing Units are to be constructed in phases pursuant to a plan approved by the city. C. Market -rate units. will not be inspected for occupancy until all Affordable Housing Units have been constructed, unless Affordable Housing Units are to be constructed in phases pursuant to a plan approved by the city. 30 -17.9 bequests for Incentives or concessions for sites with a Commercial or Mixed Use Zoning Designation a. When an Applicant proposes a Development Project for any specified housing unit type on a site with a commercial or Mixed Use Zoning Designation, other than a senior citizen housing development or mobile home park pursuant to 12 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 Rents for the targeted units; 2. The concession or incentive would have a specific adverse impact as defined in paragraph (2) of subdivision (d).of Section 55559.5, 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 1 8901) of Division 13 of the Health and Safety Code. 4. The request is for direct financial incentives for the Development, including the provision of publicly owned land or the waiver of fees or dedication requirements. 5. The concession or incentive would be contrary to State or federal law. 30-17.10 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 t3 4. Increased maximum lot coverage 5. Increased floor area ratio 0. 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 as set forth in the Alameda General Plan. b. Nothing in this section shall be construed to require the provision of direct financial in 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 budding 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 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 fora Residential D that makes: at least 20. percent of the total units. affordable .to Low-Inc orne 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 14 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 05539.5, 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. b. Allowance for three or more dwelling units in a building, shall be considered a waiver of the development standards found at Article XXVI of the Alameda city charter and Alameda Municipal code sections 30 -50 through 30 -53.4, if shown to be necessary to make construction of the project physically feasible. C. A proposal for the waiver or reduction of development standards pursuant to this subsection shall neither reduce nor increase the number of incentives or concessions to which the Applicant is entitled. 30 -17.13 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 next whole number. For 15 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 neap or permit is exempt from or in compliance with the terms of this section 30-17. b. The city may institute any appropriate legal actions or proceedings necessary to ensure compliance herewith, including but. not limited to actions to revoke, deny or suspend any permit or development approval. 30 =17.15 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- attaohed, 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 terns, 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; 16 0. A marketing plan that describes how the Applicant will inform the public, and those within the appropriate income groups, of the availability of Affordable Housing Units; 7. A financial report (pro forma) to evaluate: i) whether the concessions or incentives sought would result in identifiable, financially sufficient, and actual cost reductions; 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 iii} how any additional concession or incentive would contribute significantly to the economic feasibility of the construction of the Child care Facility if a child Care Facility is proposed; and 8. Any other information reasonably requested by the Planning and Building Director to assist evaluation of the Affordable Housing Unit Plan. 30-17.16 Affordable Housing Unit Agreement a. Each Development for which a Density Bonus and incentive or incentives is granted pursuant to this section 30-17 shall be the subject of an Affordable Housing Unit Agreement the provisions of which will vary depending on hoer. a Development satisfies the provisions of this section 30 -17. The Affordable Housing Unit Agreement shall be recorded as a restriction on the parcel or parcels on which the Affordable Housing units will be constructed. The Affordable Housing Unit Agreement shall be approved and recorded before final map approval, or, where a reap 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 numnber 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; 17 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 Dousing Units; 8. Provisions for subletting units consistently with affordability restrictions; g. Procedures for qualifying tenants and prospective purchasers of Affordable Dousing Units. 10. Provisions for monitoring the ongoing affordability and habitability of Affordable Dousing Units; and 11.A description of the concession(s) or incentive(s) provided by the City. 30 -17.17 Affordable Housing Unit Agreements for Ownership Units a. In addition to the requirements of subsection 30- 17.16, an Affordable Dousing Unit Agreement for an ownership Development must provide the following conditions governing the sale and use of Affordable Dousing Units during the use restriction period: 1. Affordable Dousing Units shall be sold to Very Low.Income households, Low Income households or Moderate Income households in a common interest development, at an affordable sales price and Affordable Dousing Cost as. defined by this section 30-17 and Government Code section 0501 as it exists when a complete Application for the Development is submitted to .the City. 2. The Affordable Dousing Units shall be owner- occupied by very Low or Low Income households or by Moderate Income households within common interest developments. 3. with the exception of Moderate Income housing units, the resale price of any affordable unit shall not exceed the purchase price paid by the owner of that unit with the following exceptions: (i) Customary closing costs and costs of sale, (ii) Cost of real estate commissions paid by the seller if a licensed real estate salesperson is employed, and (iii) Consideration for permanent capital improvements installed by the seller. 4. Upon resale of Moderate Income housing units, the seller of the unit shall retain the value of any improvements installed by the seller, his or her down payment, and the seller's proportionate share of appreciation. The City shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within five years for the purposes of increasing, improving, and preserving the City's supply 1s of Low and Moderate Income housing available at affordable housing cost. The City's proportionate share of appreciation is the ratio of the initial subsidy to the fair market value of the 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 Housing Unit and shall contain such provisions as the city may require ensuring continued compliance with this subsection 30 -17.17 and with Government code section 65915. with respect to Moderate- Income Affordable Housing Units, the instrument or agreement shall provide for equity sharing as set forth in Government Code section 05915 and paragraph d. of this subsection 30- 17.17. 17.17. 0. 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 proced .ures for qualifying and documenting tenant income eligibility, establishing Affordable Rent and maintaining Affordable Housing Units for qualified tenants; 2. Provisions requiring property owners to maintain books and records to demonstrate compliance with this section 30 -17. 3. Provisions requiring the Property owner to subunit an annual report to the City which includes the name(s), address, and income of. each household occupying Affordable Housing Units, and which identifies the bedroom size and monthly rent or cost of each Affordable Housing Unit. The information included in this report shall be maintained in confidence by the city and used only to enforce the requirements of this section 30 -17. 4. Provisions describing the amount and time for payment of Administrative Fees to the city for the on -going monitoring of the Development's compliance with this section 30 -17 as provided in subsection 30 -17.19 below. 5. Any additional obligations relevant to the compliance with this section 30 -17. 19 30- 17.19 Administrative Fee The City shall charge an Administrative Fee to Applicants to cover the City's cost to review all materials submitted in accordance with this section 30 -17 and for on- going enforcement of this section. The amount of the Administrative Fee shall be established from time to time by City Council resolution. Fees will be charged for, inter alia, staff time, consultant costs, legal fees, and materials .associated with: review and approval of applications for the Development; project marketing and lease -up; long term compliance of the Applicant, and successors- in- inte..rest to the Applicant, with respect to the maintenance of the Affordable Housing Units as such. 30-17.20 violation of Affordable Housing Cost a. If the Planning and Building Director determines that rents in excess of those allowed by this section 30 -17 have keen charged. to a tenant residing in. a rental Affordable Housing Unit, the City may take the appropriate legal action to recover, and the rental unit owner shall .b.e 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 S 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 i.nvalid or unconstitutional by a court of competent jurisdiction, such invalidity or. unconstitutionality shall not reader invalid or .unconstitutional .the remaining provision of this.ordinance and to that end.the provisions of this ordinance are.hereby declared to be severable. Section 3 This ordinance and the rules., regulations, provisions, requirements, orders, and matters established and adopted hereby shall take effect and be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage. Presiding officer of the City Council Attest: Lara Weisiger, City Clerk City of Alameda M 1, the undersigned, hereby certify that the foregoing ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the day of 2009, by the following Grote to wit: AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set nay hand and affixed the seal of said City this day of 2009. Lara Weisiger, City Clerk City of Alameda CITY OF ALAMEDA RESOLUTION NO. APPOINTING ETHEL WARREN AS A MEMBER OF THE CITY COMMISSION ON DISABILITY ISSUES BE IT RESOLVED by the Council of the City of Alameda that pursuant to Section 2 -17.2 of the Alameda Municipal Code and ordinance No. 2931, and upon nomination of the Mayor, ETHEL WARREN is hereby appointed to the office of member of the Commission on Disability Issues of the City y Y of Alameda for a term commencing n December 1 2009 and expiring g e prang on June 30, 2013. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 1st day of December, 2009, by the following vote to wit: AYES NOES: ABSENT: ABSTENTIONS: IN FITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of said City this 2 day of December, 2009. Lara Weisiger, City Clerk City of Alameda Resolutions #6 12- 0 1 -09 4 CITY OF ALAMEDA RESOLUTION NO. APPOINTING CLIFTON J. SMITH AS A MEMBER OF THE CITY HOUSING COMMISSION BE IT RESOLVED, by the Council of the city of Alameda that pursuant to the provisions of Subsection 2-12.2 of the Alameda Municipal code, and upon E nomination of the Mayor, CLIFTON J. SMITH is hereby appointed to the office of member of the Housing Commission of the City of Alameda for the term A commencing on December 1, 2009, and expiring on June 30, 2013. 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the city of Alameda in regular meeting assembled on the 1 st day of December, 2009, by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said city this 2nd day of December, 2009. Lara Weisiger, city clerk City of Alameda CITY OF ALAMEDA RESOLUTION NO. APPOINTING SAMANTHA J. CHIN AS A MEMBER OF THE ALAMEDA YOUTH ADVISORY COMMISSION BE IT RESOLVED by the Council of the City of Alameda that pursuant to 0 Section 2.19 of the Alameda Municipal code, and u on nomination of the p p Mayor, SAMANTHA J. CHIN is hereby appointed to the office of member of the I;Z Alameda Youth Advisory Commission of the city of Alameda, for a terra commencing December 1, 2009, and expiring August 31, 2011. 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 1st day of December, 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 2 nd day of December, 2009. Lara Weisiger, city Clerk City of Alameda CITY of ALAMED►A Memorandum To: Honorable Mayor and Members of the city council Prom: Ann Marie Gallant Interim city Manager Date: December 1, 2009 Re: Introduce Ordinances Amending the city of Alameda Municipal Code 1277 N.S., Section 11 -110, by Reclassifying and Rezoning Enc.inal Terminals and the Del Monte Building at 1 501 and 1 523 Buena Vista Avenue from Industrial to Mixed Use zoning Districts to Comply with the General Plan Designations and Amending the M -X Mixed Use Planned Development District zoning Regulations to Allow for Application for Interim Use Permits Prior to Approval of a Master Plan for the Property Under certain Conditions BACKGROUND The recommended ordinances rezone the properties located at 1 523 and 1 501 Entrance Road /Buena Vista Avenue (Encinal Terminals and Del Monte Warehouse) from M -2, General Industrial (Manufacturing) District, to M -X Mixed Use Planned Development District to conform to the General Plan mixed Use. Designation. The zoning text amendment amends the M -x Mixed Use Planned Development District zoning regulations to allow for application for interim use permits prior to approval of a master plan for the property under certain conditions. The Planning Board held a public hearing and approved the recommended zoning map and text amendments on September 28, 2009. The Planning Board staff report describing the rezoning, the text amendment and an interim use permit for the Encinal Terminals property is attached. (Exhibit 1) KA01 Y,31R4R9 The 2008 Northern Waterfront General Plan policies direct that the properties be zoned for a "mix of new uses including residential, commercial, senior housing, and public open space To conform with and implement the General Plan polices the zoning amendments rezone the properties from their current designation of M -2 General Industrial to M -x Mixed Use Planned Development. Pursuant to Alameda Municipal Code Section 30 -4.20: Its► Council Public Hearing Agenda Item ##6 =13 Honorable Mayor and Members of the City Council December 1, 2009 Page 2of4 The purpose of the Mixed -Use District is to encourage the development of a compatible mixture of land uses which may include residential, retail, offices, recreational, entertainment, research oriented light industrial, water oriented or other related uses. The compatibility and interaction between mixed uses is to be insured through adoption of Master Plan (defined in subsection 30- 4.20f) and development plan site plan (defined in subsection 30- 4.20h), which indicate proper orientation, desirable design character and compatible land uses to provide for: 1. A more pedestrian oriented nonautomotive environment and flexibility in the design of land uses and structures than are provided by single purpose zoning districts, including but not limited to shared parking; 2. The enhancement and preservation of property and structures with historical or architectural merit, unique topographic, landscape or water areas, or other features requiring special treatment or protection; 3. Recreation areas that are most accessible to both the M -x district's inhabitants and other city residents; 4. Environments that are more conducive to mutual interdependence in terms of living, working, shopping, entertainment, and recreation; and 5. Flexibility in the design, lay -out and timing of build -out of large -scale mixed use projects in order to respond to market demands while ensuring that development is in conformance with adopted standards, procedures and guidelines. The proposed zoning text amendment clarifies that once a property has been zoned MX, but before the Master Plan has been adopted for the property, a propert y owner may apply for interim use permits for the use of the property provided .that the use .of the site will not delay redevelopment of the site consistent with General Plan oals or delay g y completion of the required Master Plan. To allow use of Mx zoned property while a faster Plan is being prepared, the fo lowing text must be added to the f -X zoning district regulations: The Planning Board may approve or amend a use permit for a property zoned MX prior to approval or implementation of a master plan provided that: i) the use is either permitted or conditionally permitted in one of the districts identified in subsection d.2 above ii) a good faith effort is be made to complete the master plan for the site according to an apreed- upon time schedule, iii) the term of the use permit is defined and short-term and conditions are included that describe and manage the termination of the interim use y expiration of the use permit, iv) the interim use does not have srpnificant or greater adverse impacts on neighboring properties, and v) the approved uses will not inhibit or delay adoption of a master plan or redeye %ament of a the property consistent with the M -X zoning district purposes. FINANCIAL IMPACT The funds to cover staff time for this rezoning are budgeted in the Community Development Department's account for Community Planning. There is no impact to the General Fund. Honorable Mayor and December 1, 2069 Members of the City Council Page 3 of 4 MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE The rezoning of these properties will amend Alameda Municipal Code (AMC) Sections 1277 N.S., Section 11 -116 and ensure consistency between the zoning Map and the General Plan and lousing Element. ENVIRONMENTAL REVIEW Pursuant to the CEQA Guidelines, Section 15162 Subsequent Environmental Impact Reports, the proposed zoning map amendments were considered in the Environmental Impact Report for the General Plan Amendment for the Northern Waterfront certified in 2007, the Environmental Report for the Alameda Point General Plan Amendment in 2003, or the Environmental Impact Report for the General Plan Update in 1991. Accordingly, staff finds and determines on the basis of substantial evidence in the record that the previous EIRs fully analyzed the potential environmental effects of the rezoning and incorporates mitigation measures to substantially lessen or avoid any potentially significant impacts in accordance with CEQA. None of the circumstances necessitating preparation of additional CEQA review as specified in CEQA and the CEQA Guidelines, including without limitation Public Resources Code Section 21166 and CEQA Guidelines Section 1 5162, are present in that (1) there are no substantial changes proposed in the project or the circumstances under which the projects are undertaken that would require major revisions of the EI R due to the involvement of new environmental effects or a substantial increase in the severity of previousl y identified significant effects; and (2) there is no "new information of substantial importance" as described in CEQA Guidelines Section 15162(a )(3). RECOMMENDATION Introduce ordinances Amending the City of Alameda Municipal Code 1277 N.S., Section 11 -116, by Reclassifying and Rezoning Encinal Terminals and the Del Monte Building at 1601 and 1523 Buena Vista Avenue from Industrial to Mixed Use Zoning Districts to Comply with the General Plan Designations and amending the M -X Mixed Use Planned Development District zoning regulations to allow for application for interim use permits prior to approval of a master plan for the property under certain conditions. Honorable Ma and Members o Cit Council R ubrft evil om s Plannin Services Mana Approved as to funds and account, Glenda D. Ja Interim Finance Director December 1, 2009 Pa 4 of 4 Exhibit: 1. Plannin Board Staff Report dated 9-28-09 AL PLANNING BOARD STAFF REPORT TO: September 28, 2009 Honorable President and Members of the Planning Board FROM: Andrew Thomas, Planning Services Manager 510.747.6881 athomas@ci.alameda.ca.us PROPERTY ADDRESS: 1523 and 1501 Entrance Road /Buena Vista Avenue (Encinal Terminals and Del .Monte Warehouse) APPLICATIONS: Re PL.N.09 100222- Applicant -.City.o.f Alameda. A rezoning of. property located at 1 523 and 1 501 Entrance Road /Buena 'Vista Avenue (Encinal Terminals aid Del Monte Warehouse) from M -2, General Industrial lvlan ufaoturin 9) District, to M -X .Mixed Use. Planned Development District to conform to the .General :Plan Mixed. Use. Designation. Zoning Text Amendment PLN09 0243- M7X Zon ire g District Regulations. Applicant: City.. of Alameda. A proposed text amendment to the M -X Mixed Use Planned Development District zoning regulations. to allow for application for interim use permits prior to approval of a master plan for the property under certain conditions. Use Permit.— PLN0.9 -0134 Applicant chengben Wang for. Encinal Terminals A request. to approve an amendment of the existing use permit UP -94 -06 to allow for limited use of the site located at 1 523 Entrance Road /Buena 'Vista Avenue (Encinal Terminals) until August 31, 20.12. ZONING DISTRICT: III -2 General Industrial GENERAL PLAID: specified Mixed Use City Council Exhibit to Public Hearing ,Agenda Item #6 -B Honorable President and Members of the Planning Board EXECUTIVE SUMMARY September 28, 2009 Page 2 .of On September 26, 1994, the City of .Alameda Plannin g Board .held a p 9 public hearing and approved a 15-year use permit to allow. the storage and repair shipping of. slip ire containers at the property commonly. referred to as "Encinal. Terminals located at the :end of Entrance Road The 1994 Use Pe.rrnit (UP-94-1 1) established sp ecific conditions under which the operations ..must be.. conducted and findings that must be made by.. the Planning Board to extend the .use permit beyond September 26, .2909. In A ril 2909 P the current occupant ConGlobal Industries submitted :a. request for a '19- -month extension to allow tirr e.for the.business to transition its operations to a site in Oakland In addition, Mr.. Chengben "Peter'.'. n 9 the p y the prima ro ert owner, submitted a request for an extension of the. permit until 2a 1 5 Wallow for similar but less intensive uses. On July 13, 2.09, the. Planning Board approved. the 19 month extension .for ConGlobal. The Planning Board did not take action on Mr. Wang :s. req uest for t o extension to 291 and continued its .decision on staff' recommendation to rezone the ro ert from P p. y M 2 General. Industrial to 1 1_ Mixed :Use. Staff had asked f6r a one month continuance to allow time for staff to consider the need f6r a mino text amendment to tie M zoning district. Honorable President and September 28, 2009 Members of the Planning Board Page 3 of 1 On august 24, 2009, the Planning Board continued the item until September 28 at Mr. Wang's request. At this time, staff is recommending that the Planning Board: 1. Approve the rezoning of the Encinal Terminal Property and the Del Monte Warehouse Property.to M -x Mixed Use. 2. Approve a zoning text amendment to the M -X zoning to address future interim uses on the site. 3. Approve an extension to the use permit for interim use of the site between .August 2010 and August 2012. BACKGROUND On September 20, 1994, the Planning Board approved a 15 -.year use permit to allow container repair and storage on the site.. At the time, the. General :Plan designated the site and surrounding area for manufacturing. and marine related uses. The Use Permit's 15- terra recog n ized. that the use would be. temporary.and the site and larger area were undergoing changes that might render the use inap ro riate for the site in the future. As anticipated, the area began.to .change. soon thereafter. In. 1999, the City a pp roved the Wind River development plan, which allowed for the. de veloprneht of a five building office campus directly across the Alaska. Basin from the Encinal Terminals property. In 2000 the City approved the M arina Cave residential development that allowed up to 157 residential units and .a park. on former industrial sites including he Chi man 9 Chip man site adjacent to the Enc Terminals property. In 2002 the City embarked on a .comprehensive evaluation of the land use atterns p trends, and policies in the area. The Council appointed lUorthern '11�aterfront o Committee completed their work and presented their proposed General. Plan olioies p for public review in 2005. Consistent with .the Committee's recommendations, the City approved a rezoning to M- X (Mixed Use) and a Faster Plan in 2007 for 40 residential units adjacent to the Oran d Marina boat slips and boat launch. The :N -X zoning acid Master Plan ensure that the new residential component is .designed and managed in a. manner. that is compatible with the adjacent marina, public open spades, and the. non residential uses in the historic Alaska Packers building. In 2008, the city council approved the...draft [northern Waterfront General Plan Amendment. The Amendments includes a.series.of policies. specific to Encinal Terminal and the Del Monte site. Regarding Encinal Terminals, the General Plan .states: The intent of the site specific development policies for the Encinal Terminal site is to facilitate redevelopment of the site with new land uses that will take advantage of the unique site configuration and waterfront location, increase opportunities for public access and enjoyment of the waterfront and eliminate the existing uses which contribute a large volume of truck traffic in the Honorable President and September 28 2009 Members of the Planning Board Page.4 of 11 vicinity. The Mixed Use designation will allow for the development of a wide range of .[and uses to capitalize on the site's unique location adjacent to the Alaska Basin, Oakland /Alameda Estuary, l= ortman Marina, and Del Monte .Warehouse site. Anticipated land uses in this district include a range of housing types, including senior housing, commercial, office, and public parks and open space. Public waterfront access .around the perimeter of the site is envisioned, as veil as a new marina on the Alaska Basin. Pursuant .to the area wide policies, any plan to redevelop this site should be consistent with the following Site Specific Policies: E--T 1. Require that the master .plan for the development of the Encinal Terminals site illustrate how the various parcels can be developed as a unified development. The master plan must address all phases of. the development of the site. E -T 2. Require that the master. plan include adequate open space and a clear public access around the perimeter of the site. E -T 3. The Master Plan should .consider relocating the tidelands trust lands to the perimeter of the site to. allow residential mixed -use. develaprpent in the core of the site with publicly accessible open space around the perimeter of the site. E -T 4. cluster development to maximize open space and view corridors to the estuary. E -T 5. Given that Encinal Terminals is surrounded by water on three sites, taller buildings should be located at the southern end of the site. E -T 5. If a parking structure is proposed, require ground floor uses and/or a pedestrian friendly y E -T 7. If a parking structure is proposed, locate the structure to serve public access to the waterfront and future development at the Del Monte site. E -T 8. The Master Plan for the Encinal Terminal site shall replace the existing container storage and .cleaning operation with a mix cf uses to create a lively waterfront development. The plan should include at least the following four land uses: residential, retail, commercial, and public open spade. E -T 9. Residential uses may include senior housing or assisted living facilities. E -T 10. Commercial uses may include restaurants, marine related uses, office uses, and /or additional berths in the. Alaska Basin. Additional berths should not .be allowed on the northern .edge of. the site facing the Estuary. and Coast Guard Island to preserve views of the water and Oakland. E -T 11. Require that the master plan include inviting, well- designed public entrances from Clement Street. Primary vehicular access into the site should occur at a four -way intersection at Clement/Entrance, if feasible. E -T 12. Consider opportunities for a public human powered /non- motorized boat launch facility at Alaska Basin. E -T 13. Require public art installations adjacent to the Alaska Basin shoreline consistent with the Public Art Ordinance. Honorable President and Members of the Planning Board September 28, 2009 Page 5 of 1 E -T 14. The Encinal Terminal development should fund a fair share of the costs of the Clement Street extension from Sherman to Grand. E -T 15. The Encinal Terminal development should fund a fair share of the costs to upgrade storm sewer and wastewater. facilities necessary to serve all future development within the Northern waterfront area. E -T 16. The site plan should allow for a shoreline public promenade around the perimeter of the site and adjacent to the Alaska Basin and Fortman Marinas. ANA YSIS Rezoning (PLN09-0222) As described above, the 2008 General Plan amendment includes policies directing that the site be rezoned to require a t�mix of new uses including residential, commercial senior housing, and .p.ublic open space The General.Plan polices. call fora master plan that would address how. the mix. of uses, open space, parking, state lands, and other issues would .all be addressed. To conform with and ins p Ierrent the General Plan polices for the Encinal Terminals site and the Del Monte Building, staff is recommending that the properties be rezoned from their current designation of. M -2 General Industrial to. M -x .Mixed Use Planned Development. As. stated in the Alameda Municipal code Section 30 -4.20: "The purpose of the Mixed- .District is to .encourage the development of .a compatible mixture of land uses. which may include. residential, retail, offices, recreational, entertainment, research .oriented light industrial, grater oriented or other:related uses. The compatibility and interaction betw mixed uses is to b i nsur ed through ado ticn p of Master Plan (defined in subsection 30- 4.20f) and dev elopment pla s it e pla (defined in subsection .30- 4.20h), which indicate proper orientation, desirable design character and compatible land uses to provide for: 1. A more pedestrian- oriented nonautomotive environm and flexibility in the design of land uses. and structures.than are provided by single purpose zoning districts, including but not limited to shared .parking; 2. The enhancernent and preservation of property and structures with historical or architectural merit, unique topographic, landscape or water areas, or other features requiring special treatment or protection; 3. Recreation areas that are most accessible to both the M -x district's inhabitants and other City residents; 4. Environments that are more conducive to mutual interdependence in terms of living, working shol�'`pl�" g} entertain�''?'�ent an recreation; and 5. Flexibility in the design, lay -out and timing o f. build -out. of large-scale mixed fixed use projects in order to respond to market demands while ensuring that development i s in conformance with adopted standards, procedures and guidelines. Staff is recommending that the rezoning include the Del Monte Building property in addition to the Encinal Terminals site because the General Plan encourages mixed use development in the Del Monte Building and the properties are linked by common ownership, access and parking needs, and General Plan policies. To be effective, the Honorable President and September 28, 2009 Members of the Planning Board Page 6.of 11 planning for the two sites .should be coordinated. The change in zoning from M -2 to M- X will not affect Mr. Wa.r g's abili td coritir�ue I�asir g the Del ll�ont� Building for warehouse purposes. Continuation of a non conforming use is permitted within the existing structure. A similar condition exists on tile. Chipman site, which is zoned for residential use, but the site is currently. being used as a warehouse facility: by the Chipman company. Under .the City's zoning regulations, an. existing non-conforming 0 use may continue, .provided that it does ..not expand or enlarge, and provided that the use iS in continuous operati and does not vacate the property for one- or snore. Because neither the existing Chipman .warehouse use nor the existing rarehouse use in the Del Monte Building required use permits they. may continue indefinitely s leg al y g non-conforming uses. In contrast, the container storage and other "outdoor uses do require a use permit. Therefore, the container care use on Bncinal Termir als does not have the protection of the "legal non. conforming" status the. use must. be terminated by August 2010. as required by.the July 2009 use .permit extension. M -x Zoning District TeXt.Arnendment (PLN0910.0243 As described above, the :M -X zon district zoning regulations req u ire p and adoption of a Faster Plan for. the site. Once. the. property has been zone MX but before the Master .P.Ian has been adopted for the property a p ro p ert D'1111ner shou Ill be y P p y able to use their property.for. uses provided.:that the use of.the mi slot dela redevelopment of the site. consistent with General Plan goals or. dela corn Ietion of .the y p required blaster Plan. To clarify that the MX zon ing does not preclude use of a site while a Master Plan is being prepared or before construction of the pursuant to the plaster Pla begun, has be un, staff is recommending that the foIlowing text be added to the -M -X zoning district regulations: The Planning Board maz aov or amend a u ermit for a:p zoned MX onor to aplp yal o ire lementati6n a master p lan: rovlded that: i the use is either p ermitted ::or oonditi6nall err titte in one of the dis sic s is er ti led i su section d. aiJO1Ie ii a good f 6ith effort is he made o corgi lee 1?e rr?aster lass for the: e s ide according to an a reed u on tiirI e chedul t6i ..the term of the [rise errl'lit is diefined and short tern an(I cond itions ar ihblud th describe and man age: the termination of the interim case vip ex iration of the rise err�it its the In enm use does not lease si gnifi cant... or renter adverse ire acts on r?el l�no ro ernes and v the a roved uses will riot Inhibit or Bela ado tion of a master lass or redevelo ment of a the p roperty consistent with the UmX zonl 2 cis ores. Encinal Terminals use..Perrr It (PLN09- Mr. Wang is requesting that the. City extend the use. perm on the Encir a .Terminal site to allow for certain interim uses to replace ConGlobal in August 2010 Burin 9 the time that the Master Plan is being prepared for the site. The proposed amend ment to the Use Permit would. extend the terra from August 3, 2010 to August 3 2012 with the following conditions: Honorable President and September 28, 2009 Members of the Planning Board Page 7 of 1 1 1. Consistent with the July 2009 extension, container storage and repair must be terminated by August 3, 2010. 2. Between August 3, 2010 and August 3, 2012, the property may be used for: a. Special. events. Farmers markets, flower. markets, maritime sales, movie and .other entertainment production, art shows and other outdoor events exhibits .and shows, subject to .obtaining a Special Event Permit. Spec event uses .must provide. parking exclusively on site. or a combination of on site and nearby private or parking not impacting public streets. b. outdoor storage. Boats, watercraft,. au.tomobiles, RVS, chassis, trailers automotive equipment, vehicles, buses, trucks, mobile homes, construction equipment and rnaterial.s (for businesses, homes, commercial and /or household goods) and ancillary uses, including office or retail functions. c. commercial Uses: automotive sales. and stora e. but not including 0 automobile wrecking yards or salvage yards; parcel deli�re services; repair shops; sail lofts; tool or cutlery. sharper ing or grinding; warehousing and storage facilities; trans loading, offloading and on site staging and assemblage of sup plies. and materials received at terminal, and similar uses; outdoor amusements; boat sales and service; m achin ery sales, rentals and services; work/live studios subject to the. requirements of Section 30 -15 and Zoning Administrator action to add a ny q re aired conditions of approval; and plant nurseries. 3. Between August 3, 2010 and August 3, X012, a use of the site must comply with the following performance standards: a. Truck Traffic. All use of the site shall be limited to 50 truck trips per day. (Existing use generates between .200 and 250 per day.) b. Eloise: All uses shall comply with the City's noise ordinance are presumed to comply with these requirements. c. Hours of operation: All use of the site shall be limited to 6:00. a.m. to 10:00 p.rr After -hours loading and unlead.in 0 of trucks is not p ermitted. 4. Annual reviews will be conducted beginning on August 2010 to review p rogress g on the Ma for the properties.and compliance Frith .Use.Permit conditions. Staff anticipates that the master planning process will require the following major 1 or milestones over the course of 24 to 30 months: Honorable President and Members of the Planning Board September 28, 2009 Page 8 of 11 Fall 2009 Staff and Encinal Terminals meet and confer to identify a pre Master Plan application range of 4 preliminary fixed. Use development scenarios consistent with the Northern Waterfront G PA, for the u r ose of p p conducting an updated Economic Feasibility study and .Market. Anal s.is. May 2010 -Comm u n ity Forum: Presentation of.draft. Econo.micFeasibility study and Market Analysis and initial conceptual fixed Use scenarios. June 2010 -Planning Board public workshop: Review Encinal Terminals' proposed project description and first draft conceptual design p lan. Workshop includes staff evaluation of proposal and Planning Board feedback. August 2010 Planning Board public workshop and first Annual Review: Review Encinal Terminals' second draft pr 'e descrit.ion.and. more p detailed conceptual design plans. Workshop includes staff evaluation of proposal and Planning Board feedback. September 2010 Encinal Terminals submits application for Master Plan and Environmental Review Begins. June 2011- city releases draft CEQA document August 2011- Planning Board public hearing and feedback on draft CEQA document and .draft Master Plan. Conduct second Annual Review January 2012 Planning Board hearings; Board. makes CEQA and Master Plan recommendations to city council March June 2012 City. Council hearings on Master. Plan CEQA and f aster Plan As with all complex planning processes, the anticipated. planning schedule should be expected .to change as new information, near. opportunities, and chap in market g g conditions and/or new regulations become apparent. However, the above described schedule does provide a roadmap for planning the site, which can be reviewed evaluated, and amended at each annual. review. It should also be understood, that staying on schedule will require. not only commitment from the P ro ert owner, but P y also commitment by the city staff, the community, and the City's boards and commissions to provide. clear, consistent, and. timely feedback to. the ro erg p p y owners planning consultants at each step in the process. 5. Extensions: if an extension of the use permit is requested in 2012 the information from the annual reviews and progress on the master lan n in P g schedule as described above or as amended at the Annual Reviews will provide a basis for determining if "a good faith effort is being made to complete the Honorable President and September 28, 2009 Members of the Planning Board Page 9 of 1 raster plan for the site according to are agreed-upon time schedule It should also be recognized that even if a blaster Plan is completed and approved by 2012, the local and region economic conditions will need to improve to be able to finance redevelopment of the site. if these conditions do not improve, 1= ncinal Terminals may still request an extension of the use permit in 20'12 .even if .the Master Plan is .adopted. As somewhat similar. conditions currently exists on the Alameda Landing site, where a blaster Plan has been adopted, but g iven the economic conditions, development of the site pursuant to the blaster Plan has not commenced. At Alameda Landing, some. of the existing warehouses and wharf areas are being leased through interim short term use permits until such time that market conditions improve and the development of the site can commence. Staff is in support of the requested Use Permit because: a. The permit provides opportunities for the property owner to use the property during the blaster Planning period after OonGlobal relocates to Oakland. b. The. permit is limited in time and will not delay or obstruct the blaster Planning and environmental review process required before the ro ert p p y can be redeveloped. c. The range of uses and the conditions under which they must be operated will result in a significant reduction in truck traffic, after hours operations, and other off -site impacts as compared to the existing container care operations. Rezoning PLN09 -0222 and Text Amendment PLN09- 243- Findings for Approval. 1. The proposed amendments maintain the integrity of the General Plan. The proposed rezoning sS necessa to ensure consistency betr'een the Gee Feral Plan designation and policies for the properties and the zoning designation for the properties. The existing zoning is not consistent with the General Plan designation and policies. 2. The proposed amendments will benefit the general welfare of the community." The proposed rezoning will facilitate the future development of the site with the community's recently adopted General Plan goals and policies for the Northern Waterfront and the site. 3. The proposal is equitable. The proposal to rezone the properties is equitable in that zoning will facilitate redevelopment and reuse of the site consistent with .approved General Plan designations and policies. The proposed zoning text amendment will provide a means for economic return to the property owner during such time that the blaster Plan is being prepared, evaluated, and adopted. Honorable President and September 28, 2009 Members of the Planning Board Page 10 of 1 Use Permit PLN09 -0184 (20'12 extension) Findings for Approval. 1. The location of the .proposed us conditions .under which they will be operated will be compatible with other .land.. uses .in the general neighborhood area, and. the proposed uses and performance standards mill ensure aesthetic and operational harmony with the community and surrounding development. 2. The proposed uses will .not result in significant or greater adverse affects .other property in the vicinity. The proposed uses will not result in less trucking, less noise, less late night operations, and less. aesthetic impacts on the nearby office, residential, and open spaces uses. in the. general. neighborhood area as compared .to the. existing use of the. site. 3. The proposed use .permit does. relate favorably to the General. Plan. The use permit is .designed to ensure that the. uses do not delay or obstruct redevelopment of the site consistent with General .Plan policies. ENVIRONMENTAL REVIEW Rezoning: Pursuant to the CEQA Guidelines, Section 15162 subsequent Environmental Impact Reports, the proposed project: was cansdered in the Environmental Impact Report for..the .Gene.ral Plan Amendment. for. Northern .Waterfront certified in 2008. Accordingly, the Planing.Board.hereby finds and determines on the basis of substantial evidence in the record that the. previous �ll� fully. analyzes .the potential environmental effects of the project :and incorporates mitigation measures to substantially lessen or. avoid any, potentially significant impacts in accordance with CEQA. None of the. circumstances necessitating preparation .ef add itional CEQA retie as specified in CEQA and the. C including without limitation Public Resources code Section 2116 ..and QEQA .Guidel Section 15162, are present in that (I) there. are .no substantial changes proposed in the. project or. the circumstances under which the project is undertaken .that would require major revisions .of the EI R due to the involvement .of new environmental effects or.. a su bstantial increase in the severity of previously identified significant. effects, and s there is no 'new information of substantial importance" as described .in CEQA Guidelines Section 16162(a )(3). Use Permit: Pursuant to CEQA Guidelines 15301 (Minor Modifications to Existing Use), the extension of the use permit is categorically exempt.. The use permit extension is a minor modification to an existing permit, Under the. extension, the potential environmental impacts of the use of the site will be reduced from the existing conditions. PUBLIC NOTICE A revised notice for this hearing was mailed to property owners and residents within 300 feet of this site and interested parties who have previously requested notification, published in the Alameda Journal and posted at the.subject property. Staff has received several letters and phone calls from adjacent property owners and residents. In general, residents and businesses in the area are opposed to any continuation of the container Honorable President and September 28, 2009 Members of the Planning Board Page 11 of 1 care facility past 2010 and opposed to any other use that would result in truck traffic, noise, or other off -site impacts on neighboring residential or commercial properties. RECOMMENDATION Approve resolutions: Recommending city council approval of PLN09 -0222, Rezoning of the properties to M -x, Mixed Use. Recommending city council approval of Text Amendment to the Mx zoning District i Approving Use Permit PLN09 -0184 RE.SRECTFUM.Y SUBMITTED BY: 'drew Thomas fanning Services Manager Attachments: 1. Letter dated September 22, 2009 from Morrison.and Forrester 2. Graft Rezoning and zoning Text Amendment Resolution 8. Draft Use Permit Resolution 4. Letters from interested parties. CITY OF ALAMEDA ORDINANCE NO. New Series E AMENDING ORDINANCE NO. 1277 N.S. TO REZONE U. APPROXIMATELY 48 ACRES LOCATED AT 1501 AND 1523 BUENA VISTA AVENUE (ENCINAL TERMINALS AND DEL 3 MONTE BUILDING), APNs 072 038200200, 072 038200400, 072 038200300 072 038201000 072 038200500 and 072 038200900 072 038300100 072 038300200, and 072 038300300 FROM III -2 GENERAL INDUSTRIAL (MANUFACTURING) DISTRICT, TO M -X, MIXED USE ZONING DESIGNATION. BE IT ORDAINED by the city Council of the city of Alameda that: Section 1: Section 11 -115 of Ordinance No. 1277, N.S. is hereby amended by reclassifying all the real property situated within the city of Alameda, county of Alameda, State of California, consisting of approximately 48 acres and. located at 1501 and 1523 Buena Vista Avenue, APNs 072 038200200, 072 038200400 072 038200300 072 038201000 072 038200500, and 072 038200900 072 038300100 072 038 and 072 038300300, as shown on the attached Exhibit A from M -2, Genera[ Industrial (Manufacturing) District to M -x, Mixed Use District. Section 2: The above amendment shall be known as and referenced to as Rezoning Amendment No. 210 to Ordinance No. 1277, N.S. Section 3: This Ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage. Presiding Officer of the city council Attest: Lara Weisiger, city clerk City of Alameda Introduction of Ordinance #6 -B 12 -01 -09 Exhibit A: Current Zoning I t Proposed Zoning E'. y a PLANNING BOARD STAFF REPORT DATE. It September 28, 2009 TO;: Honorable President and Members of the Plannin Board FROM: Andrew Thomas, Plannin Services Mana 510.747,6881 athomas@ci.alameda.ca.us I.: j 061,101 t j 1 Z4 10 ADDRESS: 1523 and 1501 Entrance Road/Buena Vista Avenue Encinal Terminals and Del Monte Warehouse) APPLICATIONS: Rezonin PLN09-0222- Applicant Cit of Al a meda. A rezonin of propert lo c ated. at 1523 and 1501 Entrance Road/Buena Vista Av e nue (Encinal Te and Del Monte Warehouse) from M-2, G I Manufacturing) Distri to M-X Mix Use Plann Developm District to conform to the General Plan Mixed Us Desi ZONING DISTRICT: Zonin T ext Amend PLN09-0243- M=X. Zonin District Re Applicant: Cit of Alameda. A proposed text amendment to the M-X. Mixed Use Planned Developme District zonin re to allow for application for interim use permits prior to approval of a master plan for the propert under certain conditions. Use Permit PLN09-0184 Applicant Che.n W an g for Encinal.Terminal.s A re to.approve an .amendment of the existin use p e rmit.UP-94-06 to allow .for limited use of the site located at 1523 Entrance Road/Buena Vista Avenue (Encinal Terminals} until Au 31, 2012. M-2 General Industrial GENERAL PLAN: Specified Mixed Use Honorable President and September 28, 2009 Members of the Planning Board Page 8 of 11 On August 24, 2009, the Planning Board continued the item until September 28 1h at Mr. Wang's request. At this time staff is recommending that the Planning Board; 1. Approve the rezoning of the Encinal Terminal Property and the Del Monte Warehouse Property to M -X Mixed Lase. 2. Approve a zoning tent amendment to the uses on the site. S. Approve an extension to the use permit August 2010 and August 2012. BACKGROUND MWx zoning to address future interim for interim use of the site between On September 20, 1094, the Planning Board approved a 15-year use permit to allow container repair and storage on the site. At the time, the General Plan designated .the site and surrounding area for manufacturing and marine. related uses. The Use Permit's 15 -year terns recognized that the use would be Temporary and that the site. and larger area were undergoing changes that might render the use inappropriate for the site in the future. As anticipated, the area began to change soon thereafter. In .1999, the .City approved the wind River development plan, which. allowed for the development of a five building office campus directly across the Alaska Basin from the Encinal Terminals property. In 2000, the City approved the Marina Cove residential. development that allowed up to 157 residential units. and a park on former industrial sites including. the Chipman Warehouse site adjacent to the Encinal Terminals property. In 2002 the City embarked on a comprehensive evaluation of. the land use patterns, trends, and policies in the area. The Council appointed Northern Waterfront Advisory Committee completed their work and presented their proposed General Plan policies for public review in 2005. Consistent with the Committee's recommendations, the City approved. a rezoning to M- X (Mixed Use) and a Master Plan in 2007 for 40 residential units adjacent to. the Grand Marina boat slips and boat launch. The M -X zoning and faster. Plan ensure that the new residential component is designed and managed in a manner that.. is compatible with the adjacent marina, public open spaces, and the non residential uses in the historic Alaska Packers building. In 2008, the City Council approved the draft. No.rthern Waterfront. General Plan Amendment. The Amendments includes a series of policies specific to Encinal Terminal and the Del Monte Site. regarding Encinal Terminals, the General Plan states: The intent of the site specific development policies for the Encinal Terminal Site is to facilitate redevelopment of the site with new land uses that will take advantage of the unique site configuration and waterfront location, increase opportunities for public access and enjoyment of the waterfront and eliminate the existing uses which contribute a large volume of truck traffic in the Honorable President and Members of the Planning Board September 28, 2009 Page 4 of 11 vicinity. The fixed Use designation will allow for the development of a wide range of land uses to capitalize on the site's unique location adjacent to the Alaska Basin, Oakland /Alameda Estuary, Fortrnan Marina, and Del Monte Warehouse site, Anticipated land uses in this district include a range of housing types, including senior housing, commercial, office, and public parks and open space. Public waterfront access around the perimeter of the site is envisioned, as well as a new marina on the Alaska Basin. Pursuant to the area wide policies, any plan to redevelop this site should be consistent with the following Site Specific Policies: E -T 1. Require that the master plan for the development of the Encinal Terminals site illustrate how the various parcels can be developed as a unified development. The master plan must address all phases of the development of the site. E -T 2. Require that the master plan include adequate open space and a clear public access around the perimeter of the site. E -T 3. The Master Plan should consider relocating the tidelands trust lands to the perimeter of the site to allow residential mixed -use development in the core of the site with publicly accessible open space around the perimeter of the site. E -T 4. Cluster development to maximize open space and view corridors to the estuary. E -T 5. Given that Encinal Terminals is surrounded by water on three sites, taller buildings should be located at the southern end of the site. E -T 8. If a parking structure is proposed, require ground floor uses and/or a pedestrian friendly facade. E -T 7. If a parking structure is proposed, locate the. structure to serve public access to the waterfront and future development at the Del Monte site. E -T 8. The Master Plan for. the Encinal Terminal site shall replace. the existing container storage and cleaning operation with a. mix of uses Ito .create a lively waterfront development. The plan should include at least the following four land uses: residential, retail, commercial, and public open space. E -T 9. Residential uses may include senior housing or assisted living facilities. E -T 10. Commercial uses may include restaurants, marine related uses, office uses, and/or additional berths in the Alaska Basin. Additional berths should not be allowed on the northern edge of the site facing the Estuary and Coast Guard Island to preserve views of the water and Oakland. E -T 11. Require that the master plan include inviting, well designed public entrances from Clement Street. Primary. vehicular access into the site should occur at a four -way intersection at Clement/Entrance, if feasible. E -T 12. Consider opportunities for a public human powered /non- motorized boat launch facility at Alaska Basin. E -T 13. Require public art installations adjacent to the Alaska Basin shoreline consistent with the Public Art ordinance. Honorable President and Members of the Planning Board September 28, 2000 Page 5 of 11 E -T 14. The Encinal Terminal development should fund a fair share of the costs of t ,e Clement Street extension from Sherman to Grand. E -T 15. The Encinal Terminal development should fund a fair share of the costs to upgrade storm surer and wastewater facilities necessary to serve all future development within the Northern Waterfront area. E -T 16. The site plan should allow for a shoreline public promenade around the perimeter of the site and adjacent to the Alaska Basin and Fortrnan Marinas. ANALYSIS Rezoning P LN09 -0222) As described above, the 2008 General Plan amendment .includes policies directing that the site be rezoned to require a "mix of near uses including residential, commercial, senior housing, and public open space' The General Plan polices call for a master plan that would address hoer the mix of uses open space,. parking, state. lands, and other issues would all be addressed. Td conform with arid. implement the General Plan polices for the Encinal Terminals site. and the Del Monte B staff is recommending that .the properties be rezoned from. their current designation of M -2 General Industrial to M -X Mixed Use Planned Development. As stated in the Alameda Municipal code Section 30 -4.20: "The purpose of the fixed -Use District is to encourage the development of a compatible mixture of land uses which .may include. residential, retail, offices, recreational, entertainment, research oriented light industrial, water oriented. or other related uses. The compatibility and interaction between mixed uses. is to. be insured through adoption of Master Plan (defin.ed.in subsection 30- 4.2of) and development plan site.plan (defined in subsection 30- 4.20h), which indicate proper orientation, desirable design character and compatible .land uses to provide for: 1. A more pedestrian- oriented.nonautornotive environment and flexibility in the. design of land uses and structures than are provided by single purpose zoning districts, including but not limited to shared parking; 2. The enhancement and preservation of property and structures with historical or architectural merit, unique topographic, landscape or water areas, or other features requiring special treatment or protection; 3. Recreation areas that are most accessible to both the M -x district's inhabitants and other City residents; 4. Environments that are .more conducive to mutual interdependence in terms of living, working, shopping, entertainment and recreation; and 8. Flexibility in the design, lay -out and timing of build- out .large scale. mixed use projects in order to respond to. market demands. while ensuring that development is in conformance with adopted standards, procedures and guidelines. Staff is recommending that the rezoning include the Del Monte Building property in addition to the Encinal Terminals site because the General Plan encourages mixed use development in the Del Monte Building and the properties are linked by comm'On ownership, access and parking needs, and General Plan policies. To be effective, the Honorable President and September 28, 2009 Members of the Planning Board Page 8 of 1 planning for the two sites should be coordinated. The change in zoning from M 2 to M- X will not affect Mr. fang's ability to continue leasing the Del Monte Building for warehouse purposes. continuation of a non conforming use is permitted within the existing structure. A similar condition exists on the Chipman site, which is zoned for residential use, but the site is currently being used. as a warehouse facility by the Chipman company. Under the City's zoning regulations, .an existing non conforming use may continue, provided that it does not expand or enlarge, and provided that the use is in continuous operation and does not vacate the property for one year or more. Because neither the existing Chipman warehouse use no.r the existing warehouse. use in the Del Monte Building required .use permits, they may continue indefinitely as legal non conforming uses. In contrast, the container storage and other "o utdoor uses" do require a use permit, Therefore, the container care use on Encinal Terminals does not have the protection of the "legal non conforming" status and the use must be terminated by August 2010 as required by the duly 2009 use permit extension. M -X Zoning District Tent Amendment (PLN09=0243) As described. above, .the M zoning district zoning regulations require preparation and adoption of. a Master Plan for the site. Once the property. has been zoned MX, but before the Master Plan has been adopted for the property, a property owner. should .be able to use their. property for certain uses provided that the use of the site will not delay redevelopment of the site consistent with General Plan goals or delay completion cf the required Master Plan. To clarify that the MX zoning does not preclude use of a site while a .Master Plan is being prepared .or before .construction of the .pursuant to the Master Plan has. beg un staff is recommending that the following text be added to the M -X zoning district regu lations The Plat nir Board may approve or amend a case for a ro e rt zoned MX p rio r to a ravel or implementation of a master lan that: i the rise is either p ermitted or conditioralf errr�itted in one of the districts ideritified in subsection d. 2 above, ii a cod faith effort is helb rude to corn fete the master lan fer the: site according to are a reed -u en time schedule iii the term of the use ermit is defined an short teary and conditions are included that describe acid rrtan e tie termination of the inten'm use uDon expiration of the use erfrtit i0 the interim use does not have significant or g reater adverse imp acts on neighbo ro erties and v the a roved uses will not inhibit or delaz ado Lion of a master lan or redevelo meat of a the ro i gerty consistent with the M -X zoning district P urp oses. lEncinal Terminals Use Permit (PL Mr. Wang is requesting that the city extend the use permit on the Encinal .Terminal site to allow for certain interim uses to replace conGlobai in August 2010 during the ti that the Master Plan is being prepared for the site. The proposed amendment to the Use Permit would extend the terra from August 3, 2010 to August 3, 2012 with the following conditions: Honorable President and Members of the Planning Board September 28, 2009 Page 7 of 11 1. consistent with the July 2009 extension, container storage and repair must be terminated by August 3, 2010. 2. Between August 3, 2010 and August 3, 2012, the property may be used for: a. Special events. Farmers markets, flower markets, maritime sales, movie and other entertainment production, art shows and other outdoor events, exhibits and shows, subject to obtaining a special Event Permit. Special event uses must provide parking exclusively on site or a combination of on site and nearby private or valet parking not impacting public streets. b. outdoor storage. Boats, watercraft, automobiles, RV's, chassis, trailers, automotive equip ment, vehicles, buses, trucks, mobile homes, construction equipment and materials (for businesses, homes, commercial and /or household goods) and ancillary uses, including office or retail functions. c. Commercial Uses: Automotive sales and storage but not including automobile wrecking yards or salvage yards; parcel delivery services; repair shops; sail .lofts; tool or cutlery sharpening or grinding; warehousing and storage facilities; trans loading, offloading and on -site. staging and assemblage of supplies and materials received at terminal, and similar uses; outdoor amusements; boat sales and service; machinery sales, rentals and services; work/live studios subject to the. requirements of Section 30-15 and Zoning Administrator action to add. any required conditions of approval; and plant nurseries. 3. Between August 3, 2010 and August 3, 2012, all use of the site must comply with the following performance standards: a. Truck Traffic. All use of the site shall be limited to 50 truck trips per day. (Existing use generates between 200 and 250 per day.) b. poise: All uses shall comply with the city's noise ordinance are presumed to comply with these requirements. c. Hours of operation: All use of the site shall be limited to 6:00 a.m. to 10 :00 p.m. After -hours loading and unloading of trucks is not permitted. 4. Annual reviews will be conducted .beginning on August 2.01.0. to review progress on the Master Plan for the properties and.compliance with Use Permit conditions. Staff anticipates that the master planning process will require the following major milestones over the course of 24 to 30 months: Honorable President and Members of the Planning Board September 28, 2009 Page 8 of 1 Fail 200.9 staff and Encinal .Terminals meet and confer to identify a pre Master Plan application range of.4 preliminary fixed Use development scenarios consistent with the Northern Waterfront GPA, for the purpose of conducting an updated Economic Feasibility study and Market Analysis. May 2010 Community Forum: Presentation of draft Economic .Feasibility study and Market Analysis and initial conceptual Mixed L June. 201.0 Planning Board public workshop: Review Bncinal Terminals' proposed project description and first draft conceptual .design plan. Workshop includes staff evaluation of proposal and Planning Board feedback. August 2010 -Planning. Board public.workshop.and first Annual Review: Review Encinal Terminals' second draft project description and snore detailed conceptual design plans..Workshop includes staff evaluation of proposal and Planning .Board feedback. September 2010 w Bncina Terminals submits application for Master Plan and Environmental Review Begins.. 2 June 2011- City releases. draft CEQA document N August 2011- Planning Board public hearing and feedback on draft CEQA document and.draft Master Plan. Conduct second Annual Review January 2012 -.Planning Board hearings; Board makes CEQA and Master Plan recommendations to .City Council March 2012.— City Council hearings on Master Plan CEQA and Master Plan As with all complex planning processes, the anticipated planning schedule should be expected to change as new information, new opportunities, and -changing market conditions andlor never regulations become apparent. However, the above described schedule does provide a. roadrnap for planning the site, which. can be reviewed, evaluated, and amended at each annual review. It should also be. understood, that staying on schedule .11 require not only commitment. from the property. owner, but also commitment by the. city staff, the community, and. the City's boards and commissions. to provide clear, consistent, and timely feedback to the property owners planning consultants at each step in the process, 5. Extensions: If an extension of the use permit is requested in 2012 the information from the annual reviews and progress on the. master planning schedule as described above or as amended at the Annual Reviews will provide a basis for determining if 61 a good faith effort is being made to complete the Honorable President and Members of the Planning Board September 28, 2009 Page 9 of master plan for the site according to are agreed upon time schedule It should also be recognized that even if a plaster Plan is completed and approved .by 2012, the local and region economic conditions will need to improve to be able to finance redevelopment of the site.. If these conditions do not .improve, Encinal Terminals may still request an extension of the use permit in 2012 even if the Master Plan is. adopted. As somewhat similar conditions. currently exists on the Alameda Landing site, where a Master Plan has been adopted, but given the economic conditions, development of the site.pursuant to the piaster Plan has not commenced. At Alameda Landing, some of the existing warehouses and wharf areas are being leased through interim short term use permits until such time that market conditions improve and the development of the site can commence. Staff is in support of the requested Use Permit because: a. The. permit provides opportunities for the property owner to use the property during the piaster Planning period after ConGlobal relocates to Oakland. b. The permit is limited in time and gill not delay or obstruct the Master Planning and environmental review process required before the property can be redeveloped. c. The range of uses and the conditions under which they must be operated will result in a significant. reduction in truck traffic,. after hours operations, and other off site impacts as compared to the existing container care operations. Rezoning PLN09 -0222 and Text Amendment PLNO.9 -0243- Findings.forR Approval. 1. The proposed amendments. maintain. the integrity of the General Plan. The proposed. rezoning 'is necessary. to ensure. consistency between the. General Plan designation and policies for the properties. and the zoning designation for the properties. The. existing zoning. is not consistent with the General Plan designation and policies. 2. The proposed amendments will benefit the general .welfare of .the community." The proposed rezoning will facilitate the future development. of the site with. the community's recently adopted General Plan goals and policies for the Northern Waterfront and the site. 3. The proposal is equitable. The proposal to rezone the properties is equitable in that zoning will facilitate redevelopment and reuse of the site consistent .with approved General Plan designations and policies. The proposed. zoning text amendment will provide a means for economic return to the property owner during such time that the Master Plan is being prepared, evaluated, and adopted. Honorable President and September 28, 2009 Members of the Planning Board Page 10 of Use Permit PLN09 -0184 (2012 extension) w Findings for Approval. 1. The location of the proposed uses and the conditions under which they will be operated will be compatible with other. land uses in the .general .neighborhood area, and the proposed uses and performance standards .will ensure aesthetic and operational harmony with the community and surrounding development. 2. The proposed uses will not result insignificant or greater adverse. affects other property in the vicinity. The proposed. uses will not result in less trucking, less noise, less late night operations, and .less aesthetic impacts. on the nearby office, residential, and open spaces uses .in the general neighborhood area as compared .to the existing use of the site. 3. The proposed use permit does relate favorably to the General Plan. The use permit is designed to ensure that the uses.do .not delay or obstruct redevelopment of the site consistent with General Plan policies. ENVIRONMENTAL REVIEW Rezoning: Pursuant. to. the CEQA Guidelines, section 16162 Subsequent Environmental Impact Reports, the proposed project was considered in the Environmental Impact Report for the General .Plan Amendment for Northern Waterfront certified in 2003. Acco rdngly, the. Planning Board.. hereby f the basis. of substantial evidence., in the record that the previous E.I R fully. analyzes the potential environmental. effects of the. project and incorporates. mitigation .measures to substantially lessen or avoid any potentially significant impacts.. in... accordance with CEQA. Bone .of the circumstances. necessitating preparation. of. add itio pal CEQA review as specified in CEQA and .the. CEQA Guidelines, including without limitation Public Resources code Section 21166 and CEQA Guidelines sec 1 5162, are present in that (1) there are no substantial changes. proposed :in the project. or the circumstances under which the project is undertaken that.would require major revisions of the EI R due to the involvement of new environmental effects or.a sudstahtial.incre.ase.in the severity of previously identified significant effects; and (2) there. is no "new information of substantial importance" as described in CEQA Guidelines section .15162(a )(3 Use Permit: Pursuant to CEQA Guidelines 1530.1. (Minor Modifications. to Existing Use), the extension of .the use permit is categorically _exempt.. The use permit extension is a minor modification to an existing permit. Under the extension, the potential environmental impacts of the use of the site will be reduced from the existing conditions. PUBLIC NOTICE A revised notice for this hearing was mailed to property owners and residents within 300 feet of this site and interested parties who have previously requested notification, published in the Alameda Journal and posted at the subject property. Staff has received several letters and phone calls from adjacent property owners and residents. In general, residents and businesses in the area are opposed to any continuation of the container Honorable President and September 28, 2009 Members of the Planning Board Page 11 of 1 care facility past 2010 and opposed to any other use that would result in truck traffic, noise, or other off -site impacts on neighboring residential or commercial properties. RECOMMENDATION Approve resolutions: Recommending city council -approval of PLN09 -0222, Rezoning of the properties to M -X, Mixed Use. Recommending city council approval of Text Amendment to the MX Zoning District Approving Use Permit PLN09 -0184 hdrew Thomas fanning services Manager Attachments: 1. Letter dated September 22, 2009 from Morrison and Forrester 2. Draft Rezoning and Zoning Text Amendment Resolution 3. Draft Use Permit Resolution 4. Letters from interested parties. I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the council of the city of Alameda in a regular meeting assembled on the day of 2009 by the following vote to grit: AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of said city this day of 2009. Lara Weisiger, city clerk City of Alameda CITY OF ALAMEDA ORDINANCE No. 4 0 New Series AMENDING MUNICIPAL CODE SECTION 30 -4.20 OF ARTICLE I a (ZONING DISTRICTS AND REGULATIONS) OF CHAPTER xxx REGULATIONS BY ADDING B (DEVELOPMENT SUBSECTION SECTION 30 4.20 (j. TO THE lilt -x MIXED USE PLANNED DEVELOPMENT DISTRICT ZONING REGULATIONS TO ALLOW FOR APPLICATION FOR INTERIM USE PERMITS UNDER CERTAIN CONDITIONS. WHEREAS, the Alameda Municipal Code (AMC) does not explicitly allow for interim use permits on property zoned Mx Mixed Use, and WHEREAS, owners of property may require Interim uses to provide an economic return on property that is zoned. Mx but for which an adopted Master Plan has not yet been completed or adopted as .required by Section 30 -4.20, and WHEREAS, interim uses may be necessary for property that is zoned MSC Mixed Use and has an approved master plan, but economic conditions. are such that the property cannot currently be economically redeveloped consistent with the approved Master Plan; and WHEREAS, the Alameda Planning Board has held public hearings and recommended adoption of the proposed amendment to the City Council; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALAMEDA DOES ORDAIN AS FOLLOWS: Section 1. Ordinance Adoption. Subsection 30 -4.20 MX Mixed Use Planned Development Regulations Article I (Zoning Districts And Regulations) Of Chapter XXX (Development Regulations) is hereby amended to add new subsection 30- 4.20 j. to read as follows: j. Interim Use Permits. -.The Planning Board may approve or amend a use permit for a property zoned MX prior to approval or implementation of a master plan provided that: i }the use is either permitted or conditionally permitted in one of the districts identified in subsection d.2 above, ii) a good faith effort is being made to complete the master plan for the site according to an agreed -upon time schedule, iii) the term of the use permit is defined and short-term and conditions are included that describe and manage the termination of the interim use upon expiration of the use permit, iv) the interim use does not have significant or greater adverse impacts on neighboring properties, and v) the approved uses will not inhibit or delay adoption of a master plan or redevelopment of a the property consistent with the M -X zoning district purposes. Section 2. Severability Clause. It is the declared intent of the City Council of Alameda that if any section, subsection, sentence, clause, phrase, or provision of this ordinance is held invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not be so construed as to render invalid or unconstitutional the remaining provision of this ordinance. Section 3. 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 I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the day of 2009, by the following vote to wit: AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of said City this day of 2009. Lara Weisiger, City Clerk City of Alameda CITE( OF AL.AMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: December 1, 2009 Re: Reconsider the City Council Direction on Potential Use of Measure WW Funds for Alameda Boys and Girls Club Youth Development Center BACKGROUND On October 0, 2009, City Council action on Exhibit 1 to this report was deferred. The City Council had, in prior discussions, requested a written opinion from. the East. Bay Regional Park District's (EBRPD) bond counsel regarding the eligibility .of the Bays and Girls Club (BGYC) Youth Development Center under the terms and conditions of Measure WW. This letter was requested prior, and as a condition .precedent to the City Council taking action to amend its previously approved list of Measure ww projects. A City Council referral (Exhibit 2) was submitted and .approved by the City Council on November 17, 2009. In referring this request to staff, the City Council also requested that a representative from EBRPD attend the .Deeember.1 2009 City Council meeting .to address questions .regarding Exhibit 3, the District's response to the City's request. for a bond counsel letter opining that the Boys and Girls Club project request was, in fact, eligible under the subject bond measure. DISCUSSION The bond counsel letter is the remaining item in the City council's original request for various information and documentation on this project. All other questions were addressed in the City Manager's staff report of October 0, 2009. The recommendation in this report was contingent upon receipt of the bond counsel letter from EBRPD opining that the BGYC project was, in fact, eligible under the bond indenture and project eligibility criteria. The EBRPD recent correspondence (Exhibit 3), as well as various email and phone communiques, indicates that the requested legal opinion will not be issued by :the EBRPD until such time as the City has submitted a completed. app.lication for funding. Representations from EBRPD have confirmed attendance at the December 1, 2009 City Council meeting to address the contents of this letter, as well as the District's current position with respect to the City's request for bond counsel opinion. City Council Agenda Item #6-C 12=01w09 Honorable Mayor and Members of the city Council FINANCIAL IMPACT There is no impact to any City fund as a result of this action. RECOMMENDATION December 1, 2009 Page 2 of 2 Hear testimony from EBRPD representatives and take appropriate action, contingent upon receipt of bond counsel opinion as previously directed. Respectfully submitted, A n Marie G lant Interim City Hager Approved as to funds and account, Glend J Interi ina e Director Exhibits. 1. October 6, 2009 City council Report 2. Councilmembe Gilmore's Referral for November 17, 2009 City council Meeting 3. Letter from EBRPD Assistant General Manager Dave Collins CITY of ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From; Ann Marie Gallant Interim City Manager Date: October 0, 2009 Re Amend the pleasure ww Proposed Project List .to Include a.$2,000,000 Grant to The Boys an Girls Club of Alameda for the. Completion of Construction of. Its Youth Development Center, in Accordance with the Terms and Conditions outlined Herein BACKGROUND The Boys and. Gi Club of. Alameda initiated a capital building campaign in 20!0.0 to replace its original facility at 2050 Lincoln Avenue. The eapitai .carnpaign' began with the net sale proceeds of this. building in the amount of continued .with private pledges from corporations and individuals; no.n- profit foundation grants; and a construction loan commitment from the Bank of Alameda. The +Club's `eve Can .Build This' fundraising material included as Exhibit 1 to this report. On August 19, 2409, C.ouncilrnember Lena. Tangy submitted a Council Referral Form for City Council. consideration (Exhibit. 2) requesting authorization to amend the Cit Council's prior list of potential Measure ww projects to include a $2,000,000 grant to The Boys and .Girls Club. If successfully. awarded, this funding wouid enable the Club to award its construction bid for this facility. and complete the. project by. the fall of:201 0. During public discussion of this referral on September 1, 2000, the City Council directed the City .Manager 1) to ascertain whether. this particular. project would be. eligible under the authorities given in Measure WW; and 2) to determine if, in fact, the $23000. would actually complete the project's funding requirements, rendering it truly `shovel ready'. At the September 15, 2009 City council. meeting, East Bay Regional Park District (EBPRD) Assistant General. Manager David Collins. addressed the first in ui raised b q y the City Council eligibility of the proposed project under Measure :WW. requisites in the bond issue (Exhibit 3). Mr. Collins noted :that the City would be .required .to submit a project application as these particular funds were designated under the City's allocation in the Measure. However, given. EB.RPD's present understanding of this construction project, the District believes it is .eligible under. Measure WW. funding. At the request of the City Attorney and the City Manager, the has requested that its bond counsel, Jones Hall, provide a written opinion on this eligibility under the bond indenture, as the City Council Exhibit I to Agenda Item ##6 -C Honorable Mayor and October 0, 2009 Members of the City Council Page 2 of 5 City Council cannot amend its list to include this project without such verification. This letter is included as Exhibit 4 to this report. The City Manager then addressed the second inquiry an analysis of the funding sources proposed to complete the construction project (Exhibit 5 sources of fun ds.for construction of the Youth Development Center total $8.2M, of which.$3.8M are g rants and pledges; $1.3M are cash deposits in the. capital building fund; $990,000 is a construction loan from Bank of Alameda; and the remaining $2.011 is the amount requested from the City's Measure err allocation. An additional $500,000 is available.. in a challenge grant, which would match a second $500,000 collected. in pledges within the next 24 months. This g challenge. rant .ensures g a significant contingency available to the building fund, should the project budget of $8.2M experience construction change orders. The City Manage r stated that documentation for each of these funding. sources. has been provided .and verified. It is accurate to state that the receipt of $280M of Measure. WW funds could enaule this project to be completed without necessitating receipt of further pledges, grants, etc at this tune. Consistent with the Council .referral policy previously adopted, the City Tana er y g indicated that a staff report would be forthcoming at. the actober 0, 2009 City council meeting for action on this request. The additional questions raised by the Cit y Council during discussion. that .evening would be. a.d.dressed .in that staff report. DISCUSSION The City Manager, staff and representatives .from The Boys and. Girls Club have met to address several of. the. concerns, issues and questions raised during the Se p ternber•1 5 public discussion. specifically, these.. included: 1. Prevailing Wage: The project construction budget is based upon prevailing wage rates. 2. Tax Returns: Tax returns for the past three years were reviewed and have been filed in accordance with IRS regulations for non- profits and prepared b y an independent accounting firm. 3. Measure AA Comparison: Exhibit 0 is a summary of the city projects. completed under this bond measure; two of nine projects, equivalent to 7.2% of the total allocation, were .completed west of Park street. 4. Operating Budge; Exhibit 7 itemizes the Club's projected operating budget at the Youth Development. Center, once construction has been completed. These operating funds are deposited into a separate account from those of the building construction funds. The Club has demonstrated experience in managing and Honorable Mayor and Members of the city Council October 6, 2009 Page 3 of 5 operating programs at. a facility, and funds are available in this operating account to continue this practice. 5. Endowment Fund. An endowment fund in the approximate amount of $3.0M1 has been verified. Interest from the endowment is used as operating income to the Club. The endowment also serves as collateral for the Bank of Alameda construction loan previously referenced. 0. Community Development Block Grant (CDBG) Fund's. City staff has verified that the Club received approximately $220,000 in FY 2006. for. pre-development .costs, to design the, proposed project. The Club also receives approximately. $1.8,000 annually from the City's C D BG publ is services allocation. The Club. w.as awarded Federal stimulus..funds through the City's program in .the arnount of $285,000, but the Department of Housing and Urban. Development denied the city's ..plan submission. Although there bras some subsequent discussion of trading CDB.G stimulus funds for regular C.DBG funds for this project, the swap did. not occur because The Boys and Girls. club preferred. not to IMpo.se Federal stimulus requirements on the entire project, since the federal commitment was insufficient to meet the project's total funding gap. 7. city westside Programs: Staff has prepared .a list of programs presently offered by the City's Recreation and Parks Department for community 1eens (Exhibit 8). This. corrects the public statement that the city does not. offer programs for teens, be y ond those which are operated through The Boys and Girls Club. 8. School Land Lease: The lease. between the Alameda Unified school District (AUSD) and The Boys and Girls Club is for .99 years, far. beyond the physical life of the building, but the maximum .term. allowed under law` for the school district. The land lease can be renegotiated. and /or extended at that time. 9. Other Grant Opportunities Available: several outside. grant opportunities for Club funding have been shared by Alameda residents, and have been forwarded to club staff for further analysis and application, as warranted. 10. Joint Use Agreement with AUSD: The joint use agreement-, which specifies the days and tunes of school district use. of the facility, is .included as Exhibit 9 to this report. City/public access to the facility would be scheduled to .dornply with the terms of this use agreement. 11. Asset ownership: City ownership of the facility, in whole or in part, is not possible under the joint use agreement, the terms and conditions of the. Club's other funding sources for building construction, or the construction loan issued by the Bank of Alameda. However, a proportionate share of public use of the facility, equal to the percent of the City's contribution to the construction fund, is possible through a use agreement between the City and the Club. Honorable Mayor and October 6, 2009 Members of the City Council Page 4 of 5 12 Revised Measure W1 Proposed Project List Staff has prepared a revised list .of proposed projects .far WW funding, based upon today's park and .recr.eation .facility needs. Exhibit .10 includes a. project ..list. reflecting full allocation. of the City's funds under WW, and a project list reflecting the recornrncndatior contained within this report. At this writing, and due to. the time demands for. this .report staff is attemptin to schedule a special Meeting of the Recreation and Parks Cornilnission for ll�onda y October 5, 2009 in orde to elicit response to th revised proposed. project list. The results of that meeting will be reported. during the presentation of this report at the .city council meeting on October 6, 209. The request by The Boys and Girls. Club. for :inclusion on the City's list of. Measure WW projects has received comprehensive management a nalysis and evaluation Numerous documents have. been reviewed; extensive. due diligence on eligibility, funding and operational agreements has been conducted. l= undamentally, the issue focuses on one which is prevalent at all. 1evels of g overnment today availability oV resources. Suff icient dollars- not available. at any level to f und every project that is needed and desi red in open space recreation facilities, comet ntty centers park acquisition and development. Consequently, acknowledging the need.for facilities at the crest end of Alameda,.yet not eradicating the City's opportunity to fund its needed. projects under this Measure, an alternative approach is. n ow. recommended.. Noting the. re prioritization :of projects in Exhibit 10, staff. recommends that the City Council ame its Measure WW. proposed project list to. include :The Boys and Girls Club's $2.0lvl request. The City would amend its list of priority projects, substituting the previously proposed west end projects with this facility. Further., in a separate agreement between the City and The Boys and Girls Club. of Alameda, the Club would. ..agree. to repay $1. NOM of th is grant within :five: years., with terms, conditions, public access percentages and. collateral to be negotiated and approved by the City Council prior to submittal of the Measure ww application to EBRPD. In a .sep rate .action, tree City. Council would direct the City Managerto deposit the loan repayment. in a. special revenue fund, reserved exclusively .for projects .that would similarly qualify .under Measure WW. FINANCIAL IMPACT There is no impact to any City funds as a result of this. action. Approval of staff's recommendation, as previously outlined, will impact Measure WW funds in the amount of $2.OM, reducing discretionary funds available to $1.411. However approval of the loan will result in a net impact of equivalent dollars to the City by $1.011. Honorable Mayor and Members of the City Council RECOMMENDATION October 6, 2009 Page 5 of 5 Amend the City's Leasure WW proposed project list to include a $2,000,000 grant to The Boys and Girls Club of Alameda for the completion of construction of its Youth Development Center, in accordance with the terms and conditions outlined herein. Respectfully submitted, Ann Mari Gallant Interim C Manager Approved as to funds and account, Glenda D. Jay Interim Finance Director Exhibits: 1. Alameda Boys and Girls Club "vile Can Build This" Fundraising Material (on file with the City Clerk's office) 2. August 19, 2009 City Council Referral 3. Leasure WW Ballot and Application Requirements (on file with the City Clerk's Off ice) 4. Bond Counsel Letter 5. Alameda Boys and Girls Club Construction Income Projection 0. Leasure AA Bond City of Alameda Expenditures 7. Alameda Boys and Girls Club Lain e ance and operating Budget 8. Alameda Recreation and Parks Department's Teen Program Overview 9, Joint Use Agreement Between the City of Alameda and The Alameda Boys and Girls Club 10. Reprioritized List of :Projects Within the Alameda Recreation and Parks Department Please not..e the attachments to tki.s...report COUNCIL REFERRAL FORM Name of Councilmember requesting referral: Marie Gil more Date of submission to City clerk (must be submitted before 5:00 p.m. on the Monday before the council meeting requested): November g 2009 Council Meeting date: November 17 2009 Brief description of the subject to be printed on the agenda, sufficient to inform the City council and public of the nature of the referral: City staff has received new information from the East Bay Regional Park District (EBRPD) that will necessitate a change in the direction City Council provided at its September 15 meeting. The city requested clarification of the Measure WW Local Grant Program guidelines regarding the general eligibility of thee. funds for disbursement to nonprofit entitles such as the Alameda Bogs and Girls club. The EBRPD management confirmed that the proposed Alameda Boys Girls club (ABGC) recreation center on the former Woodstock School site would be.el gible for funding under Measure WW, provided there are joint use agreements, to serve the public at large. To support the statements from the EBRPD management, the City Council directed staff to request written confirmation from the EBRPD's outside Bond counsel underwriting the Measure WW bonds. Because of other policy considerations regarding projects elsewhere, that are not related the ABGC's recreation center, EBRPD management informed the City that a legal opinion regarding the eligibility from their Bond counsel. would not be forthcoming until after an application is submitted by the city. It is recommended that the city council modify its September 15 direction and move. forward at its December 1, 2009 meeting to set early priorities for the WW funding to include the ABGC recreation center in reliance on the EBRPD management's statement, without a legal opinion from Bond counsel. City council Exhibit 2 to Agenda item ##6 -c 12 -01 ®g OAKS €S.YI '�'r y: :P'>3 I >76 a 5.� 6 Ann Marie Gallant, Interim City Manager City of Alameda 2263 Santa Mara Avenue Room 320 Alameda, CA 94501 Ann Marie: This is to provide You with an update on the City's request for clarification of the Me asure VM Local Grant Program guidelines regarding the general eligibility of the funds for disbursement to non-profit or private business uses. p P As you are aware, the District is working with outside Bond Counsel with respect to this. natter. 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 City of Alameda, and attaining a .clear understanding o f the matter prior 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 .has requested that the nutter be reviewed with our Bo a rd's Executive Committee rior an clar information. This process m P to issuing Y may continue into early 20 10. I regret the potential difficulty that this delay may. pose for the City .Council in setting early priorities for the WW funding, but wish to assure you that the amount of funds connmitted to the City's projects is secure. Additionally, 1 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 ratter as soon as possible, and look forward to the receipt of the City's project applications in February and March of 2010. erely, Dave Collins Assistant General Manager, finance and Management Services cc: Director Doug Siden XTERNAL CORRESPONDENCE The City Clerk's Office received the attached external correspondence regarding Agenda Item #6 -C on the 12 -01 -2009 Regular City Council.Agenda Page 1 of 2 L ara Weisiger Alameda Boys &Girls Club nfeffJ��lbd#{ rlhw ii?��b ^uirkiY(S1�Y,Fe�w9PN {VA^�ki A�€r�Yb4 CD �drex�, irro;" 1, dl Yna +d�oYm+e�1Mx^b"M.if�nQi(r�14M n e�.k,ii1`Po From: "Samuel S. Kang" <samuellc @greenlining.org> To: <AGallant @ci.alameda.ca.us> Date: 11/18/2009 3:19 PM Subject: Alameda Boys &Girls Club CC: <mina.sanchez @acgov.org "Robinson- Pinon, Angela, CDA" Angela .Robinson- Pinon @acgov.org <gphillips @alamedabec.org> Attachments: Alameda B &G Club -City of Alameda.pdf Dear Ms. Gallant. My name is Sam Kang. I am a Commissioner on the Alameda County Parks, Recreation Historical Commission. Please find attached my letter of support for the Alameda Boys Girls Club in their attempt to attain approval for the WW funds. This letter was snail mailed today. I would appreciate it if you could forward nay letter to the members of the Alameda City Council for their consideration. I have copied the following people in this letter: Ms. Mina Sanchez, staffer for Alameda County Supervisor Keith Carson; Ms. Angela Robinson- Pinon, staffer for the Alameda County Parks, Recreation Historical Commission; and Mr. George Phillips, Executive Director for the Alameda Boys Girls Club. Please do not hesitate to contact me should you have any questions. Best regards, Sara Samuel Kang Managing Attorney The Greenlin ng Institute 1918 university Ave. 2nd floor Berkeley, CA 94704 phone 510.926.4004 fax 5 0.920.401 0 sarnuelk reenlining.org .www. ,greenlining. oorg This transmission is intended for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the file: HC: \Documents and Settingslcc_user\Local Settingsl Ternp \XPgrpwise 14B07F5F7.A.la... 11/23/2009 Page 2 of 2 message to the intended recipient, you are hereby notified that any dissemination., distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone. Thank you. file: /C:\Documents and Settings \cc_userlLocal Settings lTcinp \XPgrpwise14BO7F5F7A a.., 11/23/2009 T I-t E e lw* 13 R E E N L. I N N G 191$ UNIVERSITY AVEN U F-, 2ND FLOO BERKELEY, CA 94704 PHONE: (510) 926 4000 FAX-.(510)926-4010 http1 /vAw..greenl fining org Board of Directors: November 18, 2009 Rosario Anaya Lindsay Ima[ Dear Messrs. Collins and Rasmussen, Robert Apodaca Ortensia Lopez Jorge Corralejo Darlene Mar My name is Sam Kang. I am a Commiss on the Alameda C ounty George Dean Louise Peru D ave Coll ins, Assistant G enera l Mana David Clover Tunua Thomas attorXly for a statewide, non a organization ca lled the California Journal Jeff Rasmussen, Grants Manager Founding Emeritus Board: East Ba R egiona l P ark District Ralph Abascal P.O. Box 538 Leo Avila The Alameda County larks, Recreatio n and Bist Commission helps Be Benavioez Oakland, CA. 94605 -0381 Henry Der programs. One of nay top priorities as Conmilssioner is to help ensure Alex Esclamado that parrs an recreational activities are accessible to a ll Al ame da C ounty F rederick Jordan The Alameda Boy Girl Club's New Koine: A Beacon for the Guillermo Rodriguez, J Alamed Community Greerrlining Coalition: All Temple Baptist ChUrch Dear Messrs. Collins and Rasmussen, American G.I. Forum Antioch Baptist Church Asid Bu siness Ass ociati on My name is Sam Kang. I am a Commiss on the Alameda C ounty Black Busi ness Associat Talks, Recreation and Hi storical Commission. I ani a lso a. civi rights Black Economic Council California Hispanic Chamber attorXly for a statewide, non a organization ca lled the California Journal G reenlining Institute. California Rural Legal Assistance CHARD C hicara Latina Foundation The Alameda County larks, Recreatio n and Bist Commission helps Chicano Federa San Diego a dvise on matters pertaining to our county's pans and recreations Comm€.lnity Resource Project, Inc. Council of Asian American programs. One of nay top priorities as Conmilssioner is to help ensure BuSfrieSS AssSuc;IatlaF7a Economic Business Development that parrs an recreational activities are accessible to a ll Al ame da C ounty El ;oncilio of San Mateo C ounty resi especially underserved communities. First AIDE Church, Los Angeles Greater Phoenix Urban League Hermandad Mexicana Latinoamericana 1 ant 'w rit ing to y ou regard a very import issue that will impact the Hispanic Chamber, Orange County lives of imderserv+ed chi in the city of Alameda.. Recently, one of m Hmong- American Political Association KHEIR Center constituents alerted nee to an attem to thwart the efforts of a stal La Mae-stra Family Clinic community organization, in Alameda. Specifica the Alameda Boys ha bu hay Alliance Mexican American Grocers Association Girls !Club, one of the hest community organizations in this state, has Mexican American Pol itical Associa been trying to a $2 mi llion allocated by .proposition ww fund to Minority Business C ouncil Mission Language Vxat i©nal School bui itself a. new home in that city. The Ea B Regional Park Dist NaFFAA should do whatev it can to help the Club att ain th ese funds without any OCCUR further d Our Weekly San Francisco African American Chamber Search to Involve Pilipina- Americans The Bovs G ins Club's New Home Will Meet a Multitude of Needs Southeast Asian Community Center TELACU This project will establish a long overdue facility to serve .AlarT ed.a.'s Test Angeles Church of God in Christ long" neglected We E n d nei ghb or hood. 'West Coast Black Publishers Executive Staff: The building will be a home for daily recreational and educational Orson L. Aguilar, Executive Director o pportunities for childreii after school, week ends, and during school Samue S. l4ang, Managing Attorn va cations and hollda y s, Moreover the B G irls Club will b e built on Brae'an Murray, Media Director H6ctor J. Preciado, Health Policy D irector public property provided by the Alameda Unified School District. This Danielle irD y Trimialm, Academy Chris �lae ri Director of my Projects me that the Club will b e working wi the surrounding high mu ddle and elementary schools to make sure these students have access to the facility during the school day. However, the Boys Girls Club's new home will be much more than just a facility. It will serve as the nexus of community for this long neglected part of Alameda. For example, the Club will serve tens of thousands of children during its lifetime by sharing its facility with the City's Recreation and Parrs Department, the Alameda Unified School District, and a. host of service providing partners such as Alameda Youth Basketball, Alameda `youth Soccer, Little League, Alameda Family Services, Fancily Legal Aid, and many others. The location of the building makes it easily accessible to those children living in Alameda's Public Housing Project, The Alameda Point Collaborative (a transitional homeless program), and the thousands of children who live in the surrounding low-income neighborhoods. Finally, even after crunching all the numbers this facility will result iii a net benefit for Alameda's residents. The Alameda Boys Girls Club is already investing over $6 million dollars in the construction and will operate the facility at its ,own expense over the building's entire lifetime. The Boys Girls Club Will Enhance and Cultivate Alameda's Diverse ]Po ulations Where are a myriad of reasons -.A hy this project should be allowed to go forward without any further delay. However, I am personally committed to this project for one key reason. This facility is intentionally aimed at attracting children from the entire conamunity. Alan ieda's economically and ethnically diverse communities are deep and rich. It is one of the city's greatest, and largely untapped, strengths. This is why we should help the efforts of organizations, such as the Boys Girls Club, that are purposefully trying to transform the potential ofmultietlu households into the reality of a diverse community. I urge the Bast Bay Regional Parr District to help the Boys Girls Club's extraordinary efforts to enhance and cultivate the richness of Alameda's diverse communities. I ant confident that the facility will be a beacon for the community's economically and ethnically diverse populations to play and grow together for generations to come. I will be following this issue very closely through its full resolution. So if can be of any assistance in its resolution, please do not hesitate to contact me. Sincerely, Sam Kang, Commiss r Alameda County Parks, Recreation &Historical Commission Cc: Alameda County Supervisor Keith Carson Members of the Alameda County Parks, Recreation Historical on George Phillips, Executive Director, Alameda Boys Girls Club Page 1 of 2 Lara Weisiger RIE: Alameda Boys Girls Club /.n.�..qy. .r.,...,rrer..ro^�. ri. n.i..... ..r.,w...........,.x. r...- R,.wi. nnn. .i.. ..m .cu- ..v+ �4a.. .T akr. v...... �r. T............. ..>......r.,...3...., r,. t-w From: Dave Collins <Dcollins @ebparlcs.org> To: "Samuel S. Kang" <samuelk @greenlining.org> Date: 11/19/2009 11:55 AM Subject: CC: Attachments: Dear Mr. Kang: RE: Alameda Boys &Girls Club "mina.sanchez @acgov.org" <mina.sanchez @acgov.org "Robinson Pinon,Angela, CDA" <Angela.Robinson- Pinon @acgov.org "gphillips @alamedabec.org" <gphillips @alamedabec.org Jeff Rasmussen <JRasinussen @ebparks. org> Alameda BG Club -East Bay Park Please be advised that the East Bay Regional Park District has no involvement in the determination of which projects are submitted by cities and Local Park and Recreation Districts under the District's Measure WW Local Grant Program. Each local agency is responsible for determining its own priorities for the per capita, capital funding that will be disbursed under the program. completed Local Agency Grant application submittals, including those of the City of Alameda, will be reviewed for conformance with legal, procedural and regulatory compliance in the 60 days following the close of the annual grant application period on March 31 each year. All local projects submitted by the governing bodies of local agencies that meet the grant requirements will be accepted up to the amount of the published per capita grant amounts available to each agency. Therefore, any concerns that you may have regarding project selection should be directed to the city as the agency responsible for making the determination of local priorities. Thank you for your interest in the Measure WW Local Grant Program. Dave STATEMENT OF CONFIDENTIALITY I This electronic message and any files or attachments transmitted with it may be confidential privileges East Bay Regional Park District. The information is solely for the use of the individual or entity to which it was intended to be addressed. if the r intended recipient, you are hereby notified that use, distribution, or copying of this e -mail is strictly prohibited. if you received this e -mail in error immediately, destroy any copies, and delete it from your system. file: 11C: \Documents and Settingslcc_user\Loca Settings \Temp\XPgi pwise141308OE95A a... 1112312009 Page 2 of 2 A Please consider the environment before you print From: Samuel S. Kang mailto:sarnuelk @greenlining.org Sent: Wednesday, November 18, 2009 3 :19 PM To: Dave Collins; Jeff Rasmussen Cc: mina.sanchez @acgov.org; Robinson Pinon, Angela, CDA; gphillips @alamedabec.org Subject: Alameda Boys Girls Club Dear Messrs. Collins Rasmussen. My name is Sam Kang. I am a Commissioner on the Alameda County Parks, Recreation Historical Commission. Please find attached my letter of support for the Alameda Boys Girls Club in their attempt to attain approval for the WW funds. This letter was snail mailed today. I have copied the following people in this letter: Nis. Mina Sanchez, staffer for Alameda County Supervisor Keith Carson; Ms. Angela Robinson Pinon, staffer for the Alameda County Parks, Recreation Historical Commission; and Mr. George Phillips, Executive Director for the Alameda Boys Girls Club. Please do not hesitate to contact nee should you have any questions. Best regards, Sang Samuel Kang Managing Attorney The Greeniining institute 1918 University Ave. 2nd floor Berkeley, CA 94704 phone 510.926.4004 fax 5 1 0.926.40 1 0 .sam uelk@greenlini ng.or w ww. gremlin pg. This transmission is intended for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. if the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. if you have received this communication in error, please notify us immediately by telephone. Thank you. file: HC: 'Documents and Settingslee_user\Locai Scttings\ Temp \XPgi pwise1413080E95 Ala... 11123/2009 a a f s Board of Directors: Rosario Anaya Lindsay lmai Robert Apodaca Orlensia Lopez Jorge Cor.ralejo Darlene Mar George Dean Louise Perez David Glover Tunua Thomas Founding Emeritus Board: Ralph Abasca l Leo Avila Een Benavidez Henry Der Alex Esclamado Frederick Jordan Guillermo Rodriguez, Jr. Dreenlining Coalition: Allen Temple Baptist Church American G.I. Foam Antioch Baptist Church Asian Business Association Black Business Association Black Economic Council California Hispanic Chamber California Journal California Rural Legal Assistance CHARO Chicana /Latina Foundation Chicano Federation, San Diego Community Resource Protect, Inc. Council c� Asian American Business Associations Economic Business DevelDpment El Concilio of San Mateo County First AME Church, Los Angeles Greater Phoenix Urban League Hermandad Mlexicana Latinoamericana Hispanic Chamber, Orange County Fmong_ American Political Association KH EC R Center La Maestra Family Clinic Mabuhay Alliance Mexican American Grocers Association Mexican American Political Association Minority Business Council (Mission Language Vocational School lea FFAA OCCUR Our Weekly San Francisco African American Chamber Search to Involve Pilipino-- .Americans Southeast Asian Community Center TELACU Nest Angeles Church of God in Christ West Coast Black Publishers 1918 UNIVERSITY AVENUE, 2ND FLOOR BERKELEY, CA 94704 PHONE: (510} 926 -4000 FAX: (510) 926 -4010 http//www.greenliningorg November 18, 2009 Ann Marie Gallant, City Manager City of Alameda 2263 Santa Clara Ave. Room 320 Alameda, CA 94501 1 'ED DR_ NOV 2009 MED The Alameda Boys Girls Club's New Nome: A Beacon for the Alameda Community Dear Ms. Gallant, My name is Sand.. lung. I am a Commissioner on the Alameda County Pans, Recreation and Historical Commission. I am also a civil rights attorney for a statewide, non profit advocacy organization called the Greenlining Institute. The Alameda County Parks, Recreation and Historical Commission helps advise on matters pertaining to our county's parks and recreations. programs. one of my top priorities as Commissioner is to Help ensure that parks and recreational activities are accessible to all Alameda Count residents, especially underserved communities. I am writing to you regarding a very important issue that will impact the lives of underserved children in the city of Alameda. Recently, one of my constituents alerted one to an attempt to thwart the efforts of a stalwart community organization in Alameda. Specifically, the Alameda Boys Girls Club, one of the best community organizations in this state, has been trying to acquire $2 million allocated by Proposition ww funds to b i tself a new horn e in fl-1 a t c it y The Ci ty of Al e d a ch ld a pprove these funds without any further delay. The Boys &+Girls Club's New Home will Meet a Multitude of Needs This proj will establish a long overdue facility to serve Alameda's long neglected west End neighborhood. The building will be a home for daily recreational and educational Executive staff: opportunities for children after school, weekends, and during school Orson L. Aguilar, Executive Director vacations and holidays. Moreover, th e Boys Girls Club will be built on Samuel S. Kang, Managing Attorney Braelan Murray, Media Director public property provided by the Alameda Unified School District. r T'h' is H6ctor J. Preciado, Health Policy Director means that the Club wi be w o r king w ith..the surrounding h ig h, mi ddle Danielle Trimiew, Academy Director g Chris Vae h, Director of Special Projects and elementary schools to m ake sure these students have access to the facility during the school day. However, the Boys Girls Club's new home will be much more than just a facility. It will serve as the nexus of community for this long neglected part of Alameda. For example, the Club will serve tens of thousands of children during its lifetime by sharing its facility with the City's Recreation and Parks Department, the Alameda Unified School. District, and a host of service providing partners such as Alameda Youth Basketball, Alameda Youth Soccer, Little League, Alameda Family Services, Family Legal Aid, and many others. The location of the building makes it easily accessible to those children living in Alameda's Public Housing Project, The Alameda Point Collaborative (a transitional homeless program), and the thousands of children who live in the surrounding low income neighborhoods. Finally, even after crunching all the numbers this facility will result in a net benefit for Alameda's residents. The Alameda Boys Girls Club is already investing over $6 million dollars in the construction and will operate the facility at its own expense over the building's entire lifetime. The Boy Girls Club Will Enhance and Cultivate Alameda's Diverse Populations There are a myriad of reasons why this project should be allowed to go forward without any further delay. However, I am personally committed to this project for one key reason. This facility is intentionally aimed at attracting children from the entire community. Alameda's economically and ethnically diverse communities are deep and rich. It is one of the city's greatest, and largely untapped, strengths. This is why we should help the efforts of organizations, such as the Boys Girls Club, that are purposefully trying to transform the potential of multiethnic households into the reality of a diverse community. I urge the City of Alameda to help the Boys Girls Club's extraordinary efforts to enhance and cultivate the richness of Alameda's diverse communities. I am confident that the facility will be a beacon for the community's economically and ethnically diverse populations to play and grow together for generations to come. I will. be following this issue very closely through its full resolution. So if I can be of any assistance in its resolution, please do not hesitate to contact me. Sincere y, Sam Kang, Cormnissi er" Alameda County Parks, Recreation Historical Commission Cc: Alameda County Supervisor Keith Carson Members of the Alameda County Parks, Recreation Historical Commission George Phillips, Executive Director, Alameda Boys Girls Club XTE RNAL CORRESPONDENCE The attached external correspondence was provided regarding Aqen Item #8-A on the 11 -17-200.9 Regul and i s b e i ng transmitted again as part of Agen o n %woor Regular City Council Agen Ann Marie Gallant, Interim City Manager City of Alameda 2263 Santa Clara Avenue Room 320 Alameda, CA 94501 Ann Marie: This is to provide you with an update on the City's request for clarification of the Measure' V local r ant Program guidelines regarding the general eligibility of the funds for disbursement to non-p or p rivate business uses. As you are aware, the District is working with outside Bond Counsel with respect to this matter. This review ew 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 over expenditure plan for the bands, 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 t rior to the next grant application round is a high priority for the District. p For these reasons, the District's Counsel and Bond Counsel continue to review and evaluate, and the District's Board has requested that the matter be reviewed with our Board's Executive COm M i tree p rior to issuing any clarifying information, This process may continue into early 2010, I regret the potential difficulty that this delay may pose for the City Council in setting early p riorities for the WW funding, but wish to assure you that the amount of funds committed to the City's projects is secure. .Additionally, I should also note that more standard applications, such as those previausl y a p p roved roved for the Measure AA Local Grant Program, may be processed during the next application period without reg to g the non-- profit or private business use issues that prompted your inquiries. We wi provide you with any revisions or clarifications on this matter as soon as passible, and loop forward to the receipt of the City's project applications in February and March of 20 10. erely, Dave Collins Assistant General Manager, Finance and Management Services cc: Director Doug 5iden October 28, 2009 Mayor Beverly Johnson Alameda Council Members Alameda City Hall 2265 Santa Clara Avenue Alameda, CA 94501 Dear Mayor Johnson and Council Members; Dorothy Freeman 2050 Eagle Ave. ##4 Alameda, CA 94SO1 i have enclosed a copy of my letter to Stephen Melikian, the bond council for Measure WW at Jones Flail, including research l believe should have been completed prior to the request for funds b 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 o u l against this request are concerned about the proper use of tax dollars. The path the BCC has taken to make this request has not followed a proper procedure. Mr. Phillips gent directly to Mr. Rasmussen at EBRPD to seek a determination about the BOC.eligibility for Measure WW monies. Mr. Rasmussen wrote l'+Ilr. Phillip that he thought the BGC would qualify for the funds, Mr. Phillips then took that letter to the City Council, via Council Member Tangy, asking there 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 1A/W 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 from the $3.4 million the city will receive from Measure WW and giving it to the BGC wi mean projects planned for public facilities will not be completed and the citizens of Alarneda 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 l� Dorothy Freeman 4 2 U �IJ Dear Mayor Johnson and Council Members; Dorothy Freeman 2050 Eagle Ave. ##4 Alameda, CA 94SO1 i have enclosed a copy of my letter to Stephen Melikian, the bond council for Measure WW at Jones Flail, including research l believe should have been completed prior to the request for funds b 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 o u l against this request are concerned about the proper use of tax dollars. The path the BCC has taken to make this request has not followed a proper procedure. Mr. Phillips gent directly to Mr. Rasmussen at EBRPD to seek a determination about the BOC.eligibility for Measure WW monies. Mr. Rasmussen wrote l'+Ilr. Phillip that he thought the BGC would qualify for the funds, Mr. Phillips then took that letter to the City Council, via Council Member Tangy, asking there 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 1A/W 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 from the $3.4 million the city will receive from Measure WW and giving it to the BGC wi mean projects planned for public facilities will not be completed and the citizens of Alarneda 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 l� Dorothy Freeman October 27, 2009 Stephen Melikian Jones Hall 65)0 California Street 18th Floor San Francisco, CA 94108 -271? Dear Mr. Melikiang Dorotliv Freeman 20-5 .aide AN7e 44 Alameda, CA _'65 945 01 -1) I am a resident of the City of Alameda and I am concerned about the integrity of the East Bay Regional Parks pleasure WW bonds because of the request by the Alameda Boys and Girls Club to divert $2 million dollars from Ala meda's $3.4 million portion of the bond monies to build a new club house in western Alameda; When I voted for Leasure WW to extend pleasure AA bonds another 25 years I relied on specific statements that I obtained from voter Information. Attachment 2 contains the tent of the (Measure WW` Bond Measure, Impartial Analysis from the Alameda County Council, and Arguments for Leasure 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 Leasure bond tent "$125 million to use for local parklands with local projects delertnined on the reed's and priorities of local emit ►es on a per capita basis'). All the information I reviewed before voting for pleasure WVV told me I was voting to improve our parks and recreational properties Nowhere was l told that l might be voting for monies to be given to a private organization to build a privately owned facility. The Bogs and Girls Club of Alameda is a laudable organization. So are the Boy Scouts and the Girl Scouts, Girls 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 number of members, They are not organizations that will provide services to the population of Alameda like our own Alameda Recreaticn and Parks Department does. But they are all organizations which will believe that they will be entitled to Measure VVW funds along with the BGC. The BGC has developed a plan which they think will allow therm 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 there 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. uslarchivel2OO4lpd lcouncil minutes04081 ORAL COMMUNICA NON A GENDA. Here is a summary of the issues I am concerned with: One major issue with approving Leasure WW monies for the BGC is the ownership of the building they are seeking funds to build. This building will be on property leased frorn AUSD but will be owned outright by the club. The City of Alameda, who gill be the grantee of the monies, will not have any oversight over the property it could be ingesting in with tax dollars meant for parks and recreation. This is contrary to the specifics of the law as it appears on the BBRP s web sites Alameda city as the grantee must have contro= 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 VVW states the hours a property must be available for public use. The hours required for Measure VVIA I 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 will operate A on a schedule of their oven determination"' and "Club will provide the city with rules, regulations, and policies for facility. 1) place the city in the position of 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 `We can't have people just wandering in any time they want Translation: this will not be a facility the public will have access to. The Sinew" 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 and/or existing organization in Alameda rho cooperate. with Alameda Recreation and Parks. What the citizens of Alameda need is the $3A million so they can improve the facilities Measure VV 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 Iaw. of .Measure WVV 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 WVV law. The land which is privately owned would be perfect for the new park acquisition as stated in Measure WW law_ Alameda .Recreation and Parks department developed a list cf 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 BCC. These are park projects that are important to the people who live in Alameda; people who voted for Measure WW 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 7 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 WVV 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. C a 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 Tarn 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 cn page 1 at hti //www.ci.alameda.ca.us�arciiivel 2009/attac�mentsicc sub 2 .D f The pre approval referenced by Counclimernber Tarn 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 n7eets 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 Taint Use Agreement meets the requirements of Section t1 of the guide lines See referenced document on page B at http: /ftnrvvw,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 ADMINISTRA PRO VISIONS Laird Tenure Requirements For Development projects, Applicants must 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.� Ownership .ease 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 sc hool property shou b 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 lard tenure from the date of Application. See referenced document on page 10 at, 1 ttD:/i arks.or IfilesiProcedural Guide WVV focal Grant Program- 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; staters EBRPD would not have a relationship with the City's agent. B. Poge 3: Mr. Rasmussen responded control and monogement would be the City's fiduciary responsibility. See referenced document on page 2 &3 at: http: /www.ci.a lameda.ca. us /archive /2009 /attachments /cc_m i nute_090915_1373. pdf Dorothy Freeman October 27, 2009 'age 1 3. The $2 million funds recuested from the Measure VVW by the BCC 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 owned outright by the BGC. My understanding of previous relationships where a non profit has a joint agreement project funded with EBRP 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 BCC 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 inquired whether the public would not have any restrictions after 3.30 p. rn. Mr. Sherrat responded adults could not just wally 117 and start playing; stated everyone h to be s creened by the Police Department; adult basketball would be a vailable 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 park 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, Bee referenced document on page 8 and 9 at: httgfla °da, aris.corri�iediallag el `view id2cli id2 ublish id =evet id= Any public access to the facility would have to be after club hours. These are the same hours Measure wvv 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. in. weekdays and all day on Saturday. Bee referenced document on page 10 at: http:// Www .ebparks.org /frlesIProcedural Guide WW Local Grant Program. pdf Alameda City Council meeting minutes Sept 1, 2009 Council Referrals Councilmember Gi inquired hove late the B and G Club is open. Mr Phillips responded wee kdays until 7 :00 p. m,; Friday's until 8.09 p. m.; all day Saturday; every day during summer and spring and holiday breaks; See referenced document on page 10 at: httpe /Www. ci. aameda. ca. uslar chivel2GO9lattachmentslcc minute 990991 1364, pdr 4. The following proposedJoint use a 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 Bald emphasis have been entered by me. 3. PERMITTED USES OF FACILITIES A. The Alameda [unified School District will be entitled to the use of the FACILITIES for public school an d school related educational and recreational activities during normal school hours during the normal school terra excluding. Surnmer school,lschool holidays, summer, 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 2 B. CLUB will operate the Youth Development Center daring pre and after school hours, 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 tit in order to provide comprehensive youth services to the community, Such uses shall not interfere with the CITY'S permitted use of the FACILI TIES, 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 creek 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 in volved in such contract arrangements will he subject the restrictions listed in section 3l= and listed in any other part of this agreement. 5. OBLIGATION OF CITY E Enforce CLUB rates policies on behavior and comportment when using CLUB FACILITIES. The CLUB will provide the CI TY with roles, regulations, and policies for FACILITY. E, Enforce CLUB rules and policies on behavior and comportment when using CLUB FACILITIES. The CLUB will provide the CITE' with rules, regulations, and policies for FACILITIES. See referenced document on page 21 and page 23 at: i� .ca�eda.cabsiarch�i1tachmensicc sub 263 d 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 '1 VV monies will 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 1I VV °which states "The District req uires that the Grantee have authority to use the property for public recrea Lion From the BGCA Article III Operating Standards for Clubs ard 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: httpAllvvww. beca. o rgAAlho weareldoccrrrrentsl2O O8Forrn998. pelf 0. 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 31 with the organizations that are already providing them D orothy Freeman October 27, 2009 p e 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 s cal State University East Bay.. Peralta Community Colleges and the City of Alameda itself through the Recreation and Bark Department, The planned facility will serve thousands of children and adults each year through not only Boys Girls Club programs, but through the services of all our partners and potential partners. Seniors programs may include health and safety clinics, the gymnasium, computer lab, games room and other features. Adult basketball leagues can possibly run in the evenings and on weekends. Community groups can meet in the various rooms in groups from 3 to 300. Service Clubs like Rotary and Kiwanis schools and o ther 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 ACL,D Performance Arts Summer Camp, and the children who participate in Alameda Youth Basketball every year. See referenced document on page 3 at. htt :1��Aci.alareda, ca. uslarchive�lattachrren sub 25!2. pdf 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 su ggesting they will provide. What: is more importa it than who will provide the services is the fact that they are public services, available to all citizens 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 from the closing of the Alameda Naval Station is the farmer military Alameda Point gym. This.gym is twice as large as the proposed BGC gyre a d is presently open for public recreational use. The Alameda Paint gyro is one of the projects on the original list developed by Alameda Recreation and Parrs .as suitable for.Measure VVW funds. That project has no v-been eliminated from the list to free up Measure WW funds for the BGC if it is determined they are eligible. What. logic is there in 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 dry not agree with the request from the BCC and have mated unanimously against the BGC request. See referenced document on page 29 at tt =.Ilt;v w .m ca-, s /a` chive OO- lattaah enIcs/�c sorb 263 oo'f Dorothy Freeman October 27, 2009 Page 4 Attachment 2 Text of Measure WW Bond Measure, Impartial Analysis from the Alameda County Council, and Arguments for Measure W'. To continue restoring urban creeks, protect wildlife, purchaselsave open space, wet andslshoreline, acquire/develop/improve local and regional paths, trails and recreational facilities, shall East Bay regional Farb District be authorized to issue up to $500 million in general obligation fonds, provided repayment projections, verified by independent auditors, demonstrate that property tax rates will not increase beyond present rates of $10 per gear, per 100,000 of assessed valuation? Impartial Analysis from the Alameda County Counsel Measure WW,, an Fast Bay Regional Park District "District') bond measure, seeps voter approval lo. authorize ttre 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 tl7e statutory limit. The measure's purposes are to finance the District's completion of its Regional Park District blaster 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 California Public Resources Code Section 5568 and California Government Code Section 43614, this Measure will become effective upon the affirmative vote of at least two thirds of the qualified electors voting on this Measure, If two thirds of those voting on the Measure vote "yes'' the District will be authorized to issue general obligation bands in are 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 parr and recreation facilities. Issuance of the bonds would pay to restore urban cr eeks, 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 project's, wh chamount includes a reserve for unanticipated needs or opportunities. Cities and local park and recreation districts, including the. Oakland ,hoo would receive $125 million to use for local parklands with local projects determined on the needs and priorities of focal entities on a per capita basis. Approval of this pleasure will authorize the District to levy an ad valorem tax on the assessed value of property within the District by an amaunt needed to pay the principal and interest on these .bonds in ea ph ,dear that .the bonds .are outstanding. The Tax Rate Statement for pleasure VVW printed in this voter 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 tvifl not increase above the present tax rate corn mitment of riot to exceed ?0 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 pleasure, the pleasure will fail and the District will not be authorized to issue the bonds, RICHARD F. will NI E County Counsel The above statement is an impartial analysis of Measure WW, which measure is printed in fall in this sample ballot pamphlet, if you desire an additional copy of the measure, please calf the Fast Day Regional Park District office at (510) 544 -2020 and a copy will be mailed at no cost to you. Arguments For Leasure WW Vote Yes on pleasure WW to protect and preserve our Fast Bay Regional Parks. The East Bay Regional Park District (EBRPD) is widely considered to be one of the most successful examples of integrated parklands in any urban area inArrrerica. 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 111IW 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 Measure 'W 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, maintenance, the rehabilitation of aging park facilities, and wildlife habitat restoration. Leasure 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. 'Noting yes on WVV will help us fight global climate change at the local level. Measure VVW 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 Measure WW's funding is spent as promised. Leasure WW has something for everyone. For a complete project list, please visit http://www.yesforparks.org Vote Yes on Measure WVV for our Fast Bay Regional Parks. George Miller Sierra Club San Francisco Bay Member of Congress Chapter Norman La Force, Chair Ayn Wieskarnp Doug Siden President, Bast Bay Regional Park Chair, Yes For Parks Committee District Board of Directors Marion Taylor, dice- President Action League of Women Voters of the Bay Area Dorothy Freernaii October 27, 2009 Page 6 Dear Mayor and City= Council Members: I support the acquisit on and development of Esttuary Park at Oak and. Clem.ent Streets, along the Estuary_ as P in the 1 Alameda Ma ster Ilan and re conamended as a open space pro}ect worth o support U sing WW bond monies as reconiniended this year b�� the Alameda Recreation arld Park Cho missio The WW bor).d was recently passed by Alameda County voters to extend support for the East Bay Regional Parrs District. one of the most successful open space civic enhancements in the United States. Alanleda`s share of the W bond w be million. Alameda has the opportunity to replace 10 acres of formally active industrial land along the Oakland Alameda Estuary with a beautiful park. The parr: would provide sports activities and open space for civ cactivities to an area of Alameda that is parr poor. Only a small 1/2 acre parr. McKinley Parr.. lies Nvith in a one n iil e radius of the proposed park The Oak Strect Estuary 'ark. would lie directly across the Estuary from Oakland's Union Point Parr and just one block from tl,e 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 Parr, with an entrance at Oak and Blanding, could be a wonderful, active parr supporting a soccez• {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, tN�70 floating docks for Iminch recreational craft and a water -taxi harbor. parking lot, 1.200 feet of bad; trail along the- waterfront. along with restrooiiis and equipment storage space. We strongly recommend that the Alameda City-! Council approve the pry ect: as an open space project to be support in part b�� WW bond monies. F� Si filled 5 Date: v a y S 1 one d Printed name; x 4. Printed name. Signed; 1"r .r P'nted name: J Date. 5 Date; D ate I fi �1 V AL� K .1 ale sx� i Wi t. k' �r-�s S� fir <9Z x E'.= i.- Dear Ma and Cit Council Members: I support the ac and development of Estuary Park at Oak and Clement Streets, alon the Estuary, as promised in the 1991 Alameda .Master Plan ai-id i-ecommended as a open space project worth of support U"S'In WW bond monies as recommended this vear b the Alanieda Recreation and Park Commission. The WW bond xvas recentl passed b Alameda Count voters to exteiid support for tlhe East Bay Re Parks District, one of the most successful open space civic enliancemerits 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 alomz the Oakland Alameda V Estuar with a beautiful park. The park would provide sports activities and open space for civicactivities to an area of Alameda that is park poor. Onl a small 1/2 acre parr, McKinle Park, Pies within a one mile radius of the proposed park, The Oak Street Estuar Park would lie directl across the Estuar ftorn Oakland's Union Point Park and. j ust one block from the Park Street Bridae. the "Gatewav" entraiice to Alameda. This 10 acre stretch of land on the water front is the last place alon the Estuar where a park can be developed to serve all the citizens of Alameda and g uests to our cit t--� W Estuar Park, with an entrance at Oak and Blandin could be a wonderful. active parl\, suppo -ie'd, rtinc, a soccer fiend, track field, softball field, tennis courts, a basketball court. a children's pla picnic area, four acres to be used for outdoor meetin and a sta for P erformances and civic ceremonies, t�vo floatin docks for lain recreational craft and a watc-, taxi harbor. parkInc, lot.. 1200 feet of ba trail alonp- the waterfront, alon with restrooms and e stora space. We stron recommend that the Alameda Cit Council approve the pi- as an open space project to be support in part b WW bond monies, Si Date: Printed name: Sicyned: Printed narne: L-- G Si Printed narne: "-�Ii X Date- 7 Date: Slaned: Date: Printed name: In C' yew Dear Ma and Cit Council Members; I support the ac and development of Estuary Park at Oak and Clement Streets, alon the Estuar as I promised in the 1991 Alan-ieda Master Plan and recommended as a open space project worth of support usin WW bond monies as recommended this y ear b the Alarneda Recreation and Park Commission. The WW bond was recently passed b Alameda Count�, voters to extcnd support for the Fast Ba Re Parks District, one of the most successful open space civic enhancem ems In the t."nited States. Alameda's share of the WW bond will be $3.4 million. Alameda has the opporfun-it to replace 10 acres of formally active industrial land alonLI, the Oakland Alameda Estuar with a beautiful park. The park would provide sports activities and open space for civicactivities to an area of Alameda that is park poor. Onl a small 1/22 acre park., McKinle Park, lies within a one mile radius of the proposed park. The Oak Street Estuar Park would lie directl across the Estuar from Oakland'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 11-le last place alon the Estuai- where a park can lie developed to serve all the citizens of Alameda and g uests to our city. C, I estuar Park. with an entrance at Oak and Blandina, could be a N�,'onderfttl. active park supportina a soccer field, track field', softball field, tennis courts, a basketball. court, a children's pla picnic area., four acres to be used for outdoor rneetim s and a sta for perforn-iances and civic ceremonies, two floatin docks for launchi. in recreational craft and a water-taxi harbor.. parking lot. 1200 feet of bay trail aloncy the A,,aterfront, along with restrooms and e storac) e space. We stron recornmeiid that the Alameda Cit Council. approve the project as an open space project to be support in part b WW bond rnonies. Si Date: Printed name-. r Si s Date: .1� e P rinted r r "J name: Lvz 9 „.....r.. Slaned: LI Oate: Printed name: Si ate: �a Printed mine Dear MaN or and City Council Members.,, as I support the ac acid development of Estuary Park. at Oal and Clement SLre.. '4s. alon the Estuar promised in the 1991 Am laeda INIaste r P nn lan and reCoiTiended as a open space proil ect -vN:orthN,a of support usin WW bond monies as recon-amended this y ear b the Alarrieda Recreatioii and Park Commiss.on. The W W' bond was recentIv passed bN� Alameda Count-y voters to extend s tipport for the East Ba�F- Realonal Parks District, one of the most successful opeii space civic enhancements in the Uiiited States. A'ameda's share of the WW bond w ll be S 1.4 million. c, inciustrial Imid alon the Oakland A lameda Alameda Iflias the opportuiajv to replace 1. 0 acres of forrrally activ z. Estuar with a bC-1ciutiful. park-. The park would provide sports activities and open space for civicacti.i!ities to an area of Alameda that is park poor, Only a small 1112 acre park. McKinle Park, lies within a one nnfle radius of the prapustd park. The Oak Street Estuar Park would lie directl act-oss the Estuary from Oakland Union PoIjit Park and j ust one block from the Park Street Brid the "Gatewa entrance to Alameda. T water 10 acre stretch of land on the wer front x:� last place alolig the Eswary where a park can be developed to serve all. the citizens of Alameda and G uests to our CitV, Estuary Park, with an. entrance at Oak and Blandin could be a wonderful, acti-v-c park supportin a soccer field, track field softball field. tennis courts. a basketball court. a children's pla 0 rO Lind. picn.ic area,, four acres to be used for outdoor meetin and a sta for performances and civic ceremonies., two floatin docks for launchin L_� I a lot 1.100 feet of ba trail alon the waterfront. along with recreational craft and a water-taxi harboy park'.ng 4.1 restrooms and e stora space. "'Y"e strongl reconu-nend that the Alameda Cit Council approve the project as an open Space pro to be w L_� sup poll In i part b WW bond moni-es. Date: Si��ned: Printed name: Slarned, n PrInted. name qX KK Slaned- V Printed name: Sioned: Printed name: J �L_Qn Mae: Date: Date: -7 xf 5 V X AV .A XTERNAL CORRESPONDENCE The attached external correspondence was provided regarding Agenda Item #6--B on 06-200 Re gular City and being tr ansmitted aas part o Agenda Item #6�c on the 12-01-2 Regular City Council Agenda City of Alameda Recreation and Parli- Conzini-vsion 2226 Santa Chira .4 venue Altwteda� CA 94501 (510) 521-22*71 Septeinb%-r 11, City 01 Cilt,v' Council. and Cl.tv 1 tie _Measure WW Monies F"ear IMs. Jolfflison, Couiiell Meirnbers, and I'Vis, Gallant, Gt 'J.'h.e CAA.- ol'Alaineda is blessed ��vith an. wnav_i_11=0� reercatx i. and pai"R s�'stem that services the 11 1 ildren� te entire C011,11111MIN, Mcludinc P reschool cl-uldren. school age chl ells young, adUlts, ac-l'it-Its. seni In and those wih special needs, The Recreation and P,,Lrl Dep artinent stru to maintain q ualit y Malt pro'ects have beets deferred J,", Ifile lack ofavi,:,411able fiUnds. hence it is some�N4iat disconcer6ng that VOR are even considedno o"vii-fy preclotis Me,,tb-ure WW 1-nollies to a pnVate or that services Onh.. a iiiition ty of the citizens' C) Alameda. I'llis c0IIIIII-Ission stl'01!21� ur the C i t s Co tatty: il to respect the dir ctive of the voters who Supported measc're Ww. The voters approved iA.-Ith their votes die allocation of ffinds, t croup. h. Measure ONV, to Inaintain, ac ail iniprove the clit,V's Rccrcatlon tin d Parks facIlitles and g row ids, WP_ do ii.ot believe the voters chose to s'apport another entity with M e.a sure IVV W fuilcLs' Hadthe,-e beev, a 1.-rallot measure or tLe Alameda Bo and Girls Club, the voters might lic av e sapporled tliait proposal, Mo re 1 I.wor"'alitIv, all A. lan-,eda-ii s wo uld hav had an ortanitv to choose ho-w their axes or bond mo llies L -e dfistribufed: We are deepl conceniecl that -if the Council chooses to -Support d-je, re for S"'21 Million for the Bo a nd (Iirls Club ��',-ith Measure WW ffinds, the Recreation and Parks money= ls Ey-olle, It will nol collie back to ahe vei-v source year was aillocated -ffie n-i.olley- licit liovv_ riot ill the fttwrc And. such aii. action by the City Coun,.."I �k--otdd ne the will of Alameda s Citizens all this C0111111issIO11, -r hn� esperatelv ji ede Tbe conuiI.ISSIOP" is una in aoreei cent that Measure WW f are d c d o k e or. o-Lij, P arks s safe toe id our C LIFI-el LA pro raill s w h ich exceeds 3 5,00 0 parti ci pants amitia 11 y, and to Z_ ,ac new open space to enhance le 'sure activities for all Ilie citizens of Alarf.cda_ iiot east a selected. les to pres f We SHIC-Cl ny hope that the Coiinci.l vot erve the inteiit of Measure W�Iv wids Sincerelv_ I I laineda Recreation wid Park Conamissloil T't'.Tl Bertero Oa �Zdeli__ Chair Joseph Re'ss'tagllo' Vice ch"IT Lola BroA�--'ii Michael Cooper T jo K,,Itiaiftil Gina Mare. ni Bill Sonnernan Cc: Dais: Lillard RECREATION AND PARK PROGRAMS IN ALAMEDA The y outh in Alameda are wellserved b the cit Recreation and Park [)epartmewfr. A small sample f ollows: FOR THE SMALL R N Alameda Wee Pla six months to 3 y rs. Old Includes development and experimental pla music time, and arts and crafts. Small Fr 3 To 3 12 moo, Recreation centered pro includes stor tellin g ames, arts and crafts, motor s and f ree p la y Tin Tots 4 y rs. To 5 y rs. Recreational centered pro includes stor tellin cookin g ames, mulsic, m() tor ski IS#, aind f ree p a Classes include Akido, ballet, tumblin creative dance, gy mnastics, Ju Hula, movement and timin j azzi tap, and music. Sports include an sessions in basketball, baseball, soccer, and football in our cit parks. Club Under picks teens up at Chipman, Lincoln, and Wood middle schoolsin department vehicles. Children re in order to ride in cit vehicles. Driver Education An interactive Internef course which allows teens to work at their own pace. Tests are g raded immediatel llw-a WR This committee plans activities for teens such as dances, excursions, trainin communit issues, fundraisin and man more. This allows a*9 public input from y outh on pro plannin UnIlKe private clubs. FINANCES 0 7'hese pro re P uNic facilities: P arks and btAO What infrastructure i's the Cit Council willin to lef in drdei* to g ive two million dollars to a P rivate club? L 4 To: The Cit Council, Cit Mana and all those concerned Re: Prop WW monev W Usin Prop WW mone to help develop the Alameda Beltline RaiWard open. space is a natural extension of the intent of the drafters of the Prop WW initiative i.e. to "...ac open space and develop new park-s...." The prospect of a park on the Alameda Beltline Rail is in the 1990 General Plan. The cit has set aside the mone to buy the land and we have a pledi that would promote passive Uses. Those uses include an unpaved mountain. bike trail, a service road,, unpaved walkin paths... picnic areas, ma a faux river and ponds that fill up in the rain season and provide a habitat for the vernal froas and other animals. If the ponds and rivers were deep enough-about 2-4' in some places it would hit g roundwater and provide a place for the little tadpoles to mature. The Colle of Alameda is g oin g to move their biolo sciences into a buildin in the Marina Villa Business Park ri adjacent to the Alameda -Beltline Rail A wildlife interpretive center would be somethin that wou benefit ever A hill would be nice. Perhaps it would be the somethin that would cap an toxic soil or ballast that could be g raded into one place. We have a rich coastal Indian histor that could be featured with an Indian Villa or somethin like it. Above all there should be an interest in plantin native g rasses, trees, sed and flowers. As little mown g rass as possible. Ma just a little for kite fl y ing, Frisbee aolf, and ball throwin and other such activities. Ever likes the black berries in the sun-mier. The are ver invasive and if we didn't have an at all it would impact the wildlife and we couldn't have an annual Blackberr Festival ever y ear. The onl g row at the lo elevations closer to the water source. We are g oin g to find out how to prevent them from takin over ever A visitors center could pa tribute to our Railroad histor and other topics of historical interest. The existin railroad buildin near Sherman Street could be used to hold e and restored to sell snacks and souvenirs. There would be plent of parkin near the main entrances with picnickin areas close to the parkin areas. There is a g reat interest in communit g ardens. Jean Sweene 2 12 Santa Clara Ave Alameda CA 94501 510 -5-22 1579 SO Haas `ick has a long-standing policy of not allowing circulation of petitions or any signature gathering- We honored that ,policy by not a hemp trng to gather si rs tunes for this submission, M -1 Y 2t f r L -5: C- a recreamon r�rociratm f o r ctiv oj(j.,,, T n'� ol�'%Vfcitn r", lviv rou! of e d So--- I J LPI I of a are- o� e r -C- I V C C, 11 n I- V iriew n ;u A s f—:, g� z p e a cz n n m Ll o T, v aerism. wan j v ri u! I teplinoraries, ha n Ic- spin Oluintr- DErienfr-s v�v-fh! 'thn-��T cor snEd 06-011ca P-10 CC) 81 S ci "-'l six wc -c"-- 'um a iam S c la Is. s e.,Z-3, ai d U �j ron r, A Ir- J 4 17� 1 Ci I _ST�U("', mo w, u iJ A U Ul aic '-J C 'A cl U- comrnuni� I RV VU "llf e er's r`e, y�° �"v�y -S 4as-1-1 Ot el, CH C" Sas, 'SC 't"P -'ek n i o e,, S- 0 T 8- 0' vvriiie tn&'�� g s -e I l y Q Z' U m ana e a-, r %,;v n v NA -q s, i cu la n vloed �SA li'lle wl- -'0 c 0 -ri u L.- is Yl p wc P1 €v.s U J, 't J N 1. P t G c. 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Z), I 1 16 1 J_1`1 0 V; S 0 i� ;c) 0 L 0 W'_ ic" S '0 e_Z C L; I i- "0' "c' 'i d' a t'), I c-, s !F� c r); n c o p o 10,u n on h e i Y sd a re HU i-` C", Ou i 0� U ',,Ions I* n a n n n i L �D 0 CAIE, P IS 0- 0 h r, �,ol-, S !171 a pn Z �U �e H 0 13 S s ma 'v? o r, 0 UO e: [11 C, 1-nieni. vv •o m n aiM_ hill, 'ren', t) u rs e S nd hoac� "IS C i-ric, -f e nis, c?, u ri've 1 zav�,! i rv, a I a� Z� 'Z7, S f K'� 'U�_ V I cJ� P P 0 1 11 j cr On ,r1 r-:- ^'4 r r'Q �ai 0 c' a 2 s, 0 1, m. -ee oi U, e_. 02 t te M Date P OHI Q f Vog J'; 1 01 u G, M-4 It I;. C I Ju STN L, t A _v. L= i 2 �M_ i 41 kJ n S ,spa C' 9 1- 1 q q 1 ss %D L i e L t pu� Q -Z") ru 7 1D n t It C-3 Z� m m St u n a n a u r-; Is.,.' I r s 4 L LA. i J 0� 'e. A e-, E il Lr" na i-11- i v E t1i z 14J; i U I .Q ;r C 1 (tz I 7 I "D I Z;; C;' ys. o Li's a al ea, i-a ',,'e vil 1 ra 'a n 7 f I J e NJ a,", o n a I-'., S 0' i CS 0 Y'd 'S k 1 h c n thio, u, nl."' S a -A n 0 u >A. i: gg N�' Ir A5"N 4T Z A A k�, I, IRL A 3 L A 101 V ri. I L q t 0 c M 0 wr-'r -v I rk R. t e cc, 1 t M v i�w 0 13 a i CID i e J r1f 1 c �C_ a- t A r c): n I u oJec", 1'[n;,(!.:, J\ A S -T j Ci 1 a z I Pv i E -hi"t c" _1 I �-c i c 'p- enb f, fzd E-11 Na opera ra Q n e S L' I C k(. Z), I 1 16 1 J_1`1 0 V; S 0 i� ;c) 0 L 0 W'_ ic" S '0 e_Z C L; I i- "0' "c' 'i d' a t'), I c-, s !F� c r); n c o p o 10,u n on h e i Y sd a re HU i-` C", Ou i 0� U ',,Ions I* n a n n n i L �D 0 CAIE, P IS 0- 0 h r, �,ol-, S !171 a pn Z �U �e H 0 13 S s ma 'v? o r, 0 UO e: [11 C, 1-nieni. vv •o m n aiM_ hill, 'ren', t) u rs e S nd hoac� "IS C i-ric, -f e nis, c?, u ri've 1 zav�,! i rv, a I a� Z� 'Z7, S f K'� 'U�_ V I cJ� P P 0 1 11 j cr On ,r1 r-:- ^'4 r r'Q �ai 0 c' a 2 s, 0 1, m. -ee oi U, e_. 02 t te M Date P OHI Q f Vog J'; 1 01 u G, M-4 MIASTICK SENIOR CENTER 1? 55 Santa Clara. Avenue, Alameda, CA 94501 (510) 747-.7500 ACTIVITIESATA GLANCE M0,XIDAY .A CHV1 BOOK CL COMPUTER .CLASS CO PUTER CL S S CONSUMER PRESENT TIONS CREATIVE WRi I G CPICKE7T) FIT1ITS S HIAP KNITTING CR-00RETING .LITTLE BD�qGO NEEDLECRAFT (Floss uqL c ci� 1 8) PODIATRY/BLOOD PR-ESSL DA NCE TPIP.I`T SHOP TRANSPORTATION OFFICE YOGA. (Ha ha .Yo gra StretchiLi� TUES A Y BAY AREA ISSUES PLACES. 10: a-.m. -1x:30 M Regis tration �1��R��rr� D��1a�� 0I`��tt B:ff- ,I�IARDS (Mongq through E 9:00. a.m. 4:00 ji fool R0c��ri CARDS AND GAMES (Monday thru F day 9:00 a .rn. 4:00 p..Mn Gam e.`Ro CARD MA D� G (Preregistration regnlred 1030`a.m 12:00 p m. RoOM D per `pe rson pe class) COMPUTER CLASS p.m. .4:00 P.M. Room C. COMPUTER LAB 9:40. a.m. 1:00 P. Room CO1A "ER.SATIOI AL SPAN 1SH inwn 9:3 O..a:m. 1 0..30 a.m. D fi1ng R66 m :2 (Resumes 9-14 09) CONVLRSAX10NAL SPANISH 4 1 �.4� a,n�r 111�� a m. Dini 9 R00M (Resumes 9 -1 -09 DRAWE% 1.0 PM. 4:a0 .M.. S� en er FITNESS 9: a.�n. 1 �:3� `a rr�, T So Qia. 1 I-� a� HAWA.H NN DANCE (B! gIn7un 1 :3 a.m.. 11:30 a.m. ROarri. A (S3.00 per person per c1ass) 1~I� .AVANT DANTCE (17it eio7ne dates 1 Q a.m 3 :rri: w 3 Room er arson per class HAWATAN D NICE (Advanced) 1.x:30 p:M. 3 p p�. �o�rn p er pe rson p r1�ss) LEGAL ASSISTS CE FOR .SENIORS LAS p P O ee 3. 1 onday, of mo'nt 7 -m-By A t. 0 f�: LI 3RARY p:r�: 1 �d ia Rt�fl11 MAH .I+ NGG ,f or B� 1 1. 00.p .m. 4. :m.. Car Roo rn S B J AD (Mo7Lday. L h u Friday) 9 a a*M, 4 e 00. p r�. Court ard ST GL 1� 9. a.rn I� p,na 1:.s k111 'Ater TAI CHI* .J .00 �.as�• 10.00 a Riif.i Room 'i ......u- .A CHV1 BOOK CL COMPUTER .CLASS CO PUTER CL S S CONSUMER PRESENT TIONS CREATIVE WRi I G CPICKE7T) FIT1ITS S HIAP KNITTING CR-00RETING .LITTLE BD�qGO NEEDLECRAFT (Floss uqL c ci� 1 8) PODIATRY/BLOOD PR-ESSL DA NCE TPIP.I`T SHOP TRANSPORTATION OFFICE YOGA. (Ha ha .Yo gra StretchiLi� TUES A Y TM� ff L OU U TIC9.1 fj�//�'jjj] 'a''' y�'� �j j ;J''�f� e if i.lfrl,[• f3.W .'p .nx b.YrRRrMfx'w,p.�iirq �/'�7� {�Ty� }Y yj ��y f :mo nth i d ia Centt .7 4T esda s V 3iL �ff 9. .O...a,.m.. 1 f30. p.Me Room:c. W V V.. .rin! A Y Y�■ 111... Rboln 1.00. p. M. '24:00 p.m. .r.....,s y ..'Room (Se&36e`I'�r e ae do s it e's .10.00 a.m. 12 M m6a a R6oM (Fee) ResLU101eS 9 -8-09 9:00 a .m. &30 a:rr�: Soc1a1 Ha11 930. 12;0 p officepi I`: p,r�. .3 p:M..`. Ra�r� B I3c '�ers X3.4. P.M.: .3,:00 P.M. Dinin I�.�orr� %2� 9 00:a m 2: n R66m B 'Alai 1n list in office 1:45. p ni ...3 s .04 yM.. li I�.00rn Ord T�iesdays o I' �dn�h 00 P .M i V a.m. 2. .p.r nr Bldg. ext LJ SL cia Hall �L..�.ie/S t) 9.00 a.M 2.0.0 M. O i 0 e s 10.30 a.m. W 12.00.p.M. 'I Social Nall N -5 A CTIVITIES A T A GLANCE (CQNTI WEVNESDA 14CTIV Ty TIME ADVISORY BO A -RD 1 0:00 a,M. 1 :00 a.m. -ARP DRrV'R SAFETY PROGR .1 9: 0 .x. i .00 P .In. DLOOD PP. SSLRE (Fire -De artinent) .1 0 :oo a.m. 12:00 BRIDGE PLAYERS w I :00 p.m. 3 :00 COMPUTE 2 o0 .m. 4:00 CO PUT LAB 9.00 a.m. :off p.M. CULT EVEN 1 3:00 FITNESS 9: 00. a 10.:30 .rte. GARM ENTHUSIASTS w �.�:0�D `P.n. LMRA I0:o0 a.n 12 :0o' .M. NOTAREY A .1.0 PI 10;4 �.r�. rn. SG T Y -.w `4 0.0.0 a .l '..i..s LJ. U.. i t� �W'� a S A 1 ID F, G L A S IL AB %.9. 0 a .rn. 3 .00 WEST N L D i��CE �J.7J �.iS S. 2:36l.P.M. YOGA (Hat ha Yog Strpfchin 9:00 a.m. i 0:30:aJn. _4 CTjf A-AI�.P -V? AAJ T 30ARD. MEET N AL- 1 "30IMER" S CAREGIVER SUPPORT BROIAWN. BAG DISTMUT ON CEF AICS (Beginning)* CERMVIICS (Ad vanced): COTA TIfER BASIC SKILLS CO I.L 'IJ ER i./. ]w. CON Pt 7 NT EVENTS DB T AL. CONSULTATION E,A'QT,---'13AYREqTMD.TEACHERS (f -Ri EBP TA BOA MEETWG O -11x I'I 11 MAT NM} JQ PP:ECIATION N E'V� A ITMB ER ORIENTATION QuI;p TMG QU LTING (Capacity .7) TRH. PORTATIO J. LOCATION Room D O W edgy es day .of month Roo m. D (Reservation/Fee) ��oc��l IIal� 3rd ��ursda ofmont music Room 2 and 4th Wednesday) .O .3 t 2�d Th S sday. o L .Llo nth Game Roo r[Media Room �.60!n D 2nd and 4th Thursday of month� ROOM C u g Room st 3rd T�urs�� of rr��nt h Roo u Cen r (Class ju l Dining Room 2 (Fee (Resurries 9 -9 -.09 i 00 :a.m. 12a3 P.M. l oom 1: .courtyatd/Room Roo C Media Roos. _V_.. 1 oor Of f Y. r F NL pp Corr R6om A (Fee 3) Office Thursday .of rr ox R oom B SOCI'a s T uz•sda e J i u s t 1 :00 ;r 3 o vru. o`orn I iirsday af.i� oz��: i S all F LAM A. ROOM P edia Rooms. Free TH URSDA Y C4 TIO 0 :0o a.m. .00 .rr�: ��oc��l IIal� 3rd ��ursda ofmont .O .3 t 2�d Th S sday. o L .Llo nth 11.3 M. �.60!n D 2nd and 4th Thursday of month� 9. 04 ;x: u g Room st 3rd T�urs�� of rr��nt h 12. u Cen r (Class ju l :30 D -M, 3f kit Center i 00 :a.m. 12a3 P.M. l oom Roo C 9:00 a.m. 10 QO :I 1 oor 9 :3.o a.m. 11:30% Corr a�. o soo .a oo. .b.�e. Office Thursday .of rr ox 4) 0 0o a m. 2 :00.P.M. SOCI'a s T uz•sda e J i u s t 1 :00 ;r 3 o vru. o`orn I iirsday af.i� oz��: i l V 0 2 M lk 2,..3 0 M. F LAM A. :0 P edia Rooms. Free :30 2.3.0% .M, I�ining.Room`.2 Thursday 1 .10:30 a.m. i oo p .rr Isobby nd Thursday of M onth) 9.3 o a.m. 1:i .3 o a.M0 I�aoz B F (Re sum es 9-10-09 1:00 3-00. p M jil oom B ee. esumes 9w io -09) 9: Qo a.m. 12:00 p ffice M -6 a. c TlvrzrEs a TA cLANCF (c *A1 Ad.uft Scl;-quooi Classes do not Davi re fees T("A 01-'e Antiounced Pro d tzines, and locations-subj to c h a n g e. Please veri schedul.e.with Offzce Thank Y ou! ATAGUANCE REV M-7 FRI-DAY ACT TIME L 0 CA TION BIL....Ib.RDS 9:00 a.m. 3:00 1`001 Room P .m. 'PUTER CLASS* C 0 �JE 2. -00 400 P .m, 'F1 00M c CM,!'PUTER LAB :00 a.n 1 M I. 1: 00 P DP%_�. WING AN PAINTING LB 1.00:p. M P M. kill e C enter E,ST,..-U_'E" PLANNTING (Seasonal 9:30 a.m. 1 1:30. a.m. Dinin Room 2 March 20 24) F1T3`E'.S 9:00 a.m. 1 0 00 a.m.. ac l Hall. Sia FRENCU CLASS 10:00 a.m,. 11:00 a 00M 6M. B GE WITH Wii .00 PM di Room 2:00 p.m. e la 3 11AN-JAIIAN DANCE a.m. 10-30 11:30. a.m F?.6bmA. (Fee HANf'�AJIAN DANCE (Interine&te) 11: 3.0. a m. 12.:3.0. (F M*� F..00m.A. ee HAWA.-'I IAN .DANCE ,....(4dva�ice4) 30 %p. m. 3:0& :F.'00M.A E�te) P M. HIS 'FIRST LADIES M 1 9 -4 3 0-: a,m.: I L 1: 00. a. ta ona S Referto MastickNewsletter 1 TA 1_...11/1,N FOR TRAVELER S 1 0:00 a.m. 1:1-:30:a-m T' D (R6sulncs -'oorn 9- -09) L-EB14 R-Y .-00 a.m, 1) 00 M* 10 4: P �;:Iedia Room LIT 9 L1 BTNGO P .M. 3:W 1:30. P .M E)iftin Room 2. MJU.. JONGG (On 1:00. 4-00 G pm Tarne R oom Q [�'-T -IMAKING 1:15 M. 3 P :45 p.m. F.00m B (Resumes 9-11-09N ..SATURDAY ACT TIL WE L 0 CA TION BIFNF prn. 15 p.m, 12:15 3 j y .o c i a a lB 11 QUh TER' S-GR0 T U :00�a M :3-00 P B atra i P 0M SATURDAY COMPUTER WORKSHOPS 9.30%a.m, 11:30:a.m.. Room fS 191 10/17 1.1114) THF,T"ir SHOP 10.:00. a.m. 2 00 p.m )U n next to 'soci I Hall a *A1 Ad.uft Scl;-quooi Classes do not Davi re fees T("A 01-'e Antiounced Pro d tzines, and locations-subj to c h a n g e. Please veri schedul.e.with Offzce Thank Y ou! ATAGUANCE REV M-7 1IR'S `-FWASHIM51 O"L-IJ T Nj S 2kN-D BAQ.K r rt r w The basket ball anldll flic],, OLU LS CR Vv e.-S-Mrl -.1-3all-k a-cc badiv n -seed o'' ed r)v anc,,� ai-cc 1-n-m-�oAant to ill.,110VO-illjon. 130- 1 I s *dP-nts I t.'Aasses, and 1.1 ikCs n Hn v Arep T A x thic-, Adlutlh -f--% 4 o B a t Par S Ctr C e I C 'I C to S Wa-AS K� e;?�,Soiq C1 �E L 1 1, k I III J tj fi v S f 1( n,-1 s C-,�L c) t.111 F) il 1-1 C lk. e r en, ii 11 e a e e i le "lle, I R� cnratrve -Lo keel-p Ills Pun. Baiv F arm S id ap -,k e, I I ea" V v S Ch C u i Is imp; sy J. 5,z-,1, LZ I C v W a S h 1,3ark 1 .N AM. A I D LF A I r L �(,;�rve4thvqAA;C� a-P? 6-A "ell A� 6 Y AV q' �yy :�k f" r L) j 7) 0 W v k-1/1 A 1A 9 t ri �2 411e N .1 1!1 iv 1 �f7l T( 417 i47 4 py L� 1z LO 1 9L L/ 01 9 10 if t IC4 f N, 1, V, TO AT ten, ci, 1< -1d Kf rv-1 /V, qg g f V6 Ck Ck if u v OL L k A a V/1 K U1 -n 'A TENNIS AND BASKETBALL COURTS AT WASHING TON PARK, The basket ball and the teimis courts at Washin Park- are badl in need of renovation. Both sports are extensivel pla b and are important to the residents of Alaineda. Both the Adult Mornin Tennis Classes and the Ba A rea Ladies Lea Season Clviics are held at these tennis courts in Lower Washin Park, These are the onl tennis Coluls in the west end. The Leydecker tennis courts on Ba Fann Island are heavil scheduled so it is imperative to keep the Washin Park temus courts in g ood repair. NAME A 4� V -7 lb ADDRESS /gFg 9 s a F -7 V A- :3 0 A 1� L f Y) t Fil t/non� P/� O'C 4 C) i-5j A o w Ell �il I 1- 14 t J., al-Cf- Z-y cl n e bpilf aln. s 1oe� 0 T' sl o -va i uy t 'Dol'-s anvp :-':�'Xi 0 1 s OL DJm�,�.,'ed ov Eulci are Cl ne-f'sicle-lits 1- IT c-, vt d .a n' .e��' ,,x n. 5 t'� lAo 10- -'s e S k.� d I AS u s 0 he --i n p a e I S �de c*ker t erin' These are'; fl. e nav COUH [S 0 0. al tai i'l scii fix so AU "I JI 1� m asli-lifly 7 I N MVE X! v A-Z i V S g p Avy"t f Al Ail v 4=4 al �Lili les Al ck LITTLEJOHN PARK The Little Park Recreation Center serves man of the needs of the children in our cit The center supports. the Small Fr pro for children from 3 y ears to 3 1 1 y ears 11 months. Act'vides include stor g ames, arts and crafts, cookin music, motor skills, and free pla The center is host to the RAP pro in which RAP leaders meet the children at Hai Schoo l. and br-n to Little until their parents pick them up after work, or the ma bike or walk home with the permission. of their parents. Man activities are offered.. Little is also one of the parks for the drop in pro Recreation leaders provide a variet of recreational activities for children from Kinder throu Fifth Grade. The pro operates Monda throu Frida from 3 to 5, The center also supports the baseball field, the basketball hoops, the small children's pla and the picnic and barbecue areas. Renovation of the Littlejohn Recreation Center is second on the prioritized list drawn up b the Recreation Commission for the expenditure of Measure AAW funds, We wish to see this work done. NAME ADDRESS V L I r I" .sue 4 4 A i c �-7 tc V A 0 �J A-L c, —o- J Cif A Vig f LITTLE JOHN PARK ii The Little Park Recreation Center serves man of the needs of the children in our cit The center stipports the Small Fr pro for children from 3 y ears to 3 y ears 11 months. Activities include stor g ames, arts and crafts, cookin music, motor sills, and free pla The center is host to the RAP pro in which RAP leaders meet the children at Hai School and brin them to Urde until I.-heir parents pick them up after work, or the ma bike or walk home with the permission of their parents. Man activities are offered. Little is also one of the parks for the drop in pro Recreation lecaders provide a variet of recreational activities for children from Kinder throu Fifth Grade. The pro operates Monda -t-hrou Frida from 3 to 5, The center also supports the baseball field, the basketball hoops, the small children's pla and the picnic and barbecue areas. Renovation of the Little*ohn Recreation Center is second on the p rior i tized list J I. it drawn up b the Recreation 'Comm ss on. for the expenditure of Measure 1A/W funds. We wish to see this work done. NAME ADDRESS 1--� <J- I f a 41 U,( F, L.At Dear Ma and Cit Council Members: I support the ac and development of Estuar Parl( at Oak and Clement Streets, along the Estuar as promised in the 1991 Alameda Master Plan and recommended as a open. space pr worth of support usin 0 WW bond monies as recommended this y ear b the Alameda Recreation and Park Comm.ission. The WW bond was recentl passed by Alameda Count\., voters to extend support for the East Bav Re Parks District, one of the most successful open space civic el"Iliancements in the United States. Alarneda's share of the J WW bond will be S3.4 million. Alameda has the opportunit to replace 10 acres of formal active industrial land alono the Oakland Alameda Estuar with a beautiful park. F The park x�rould provide sports acti-vities and open space for civicactivitics to an area of Alaineda that is park. poor, Oiil a siiiall 1/2 acre park, McKiile Park, lies within a one mile radius of the proposed park. '-flie Oak Street Estuar Park would Ile directl across the Estuar�= from OaYIIland's Union Point Park and just one block from the Park Street Brid the "GateNvay" entrance to Alameda. W This 10 acre stretch. of land on the Nvater front is the last place along the Estuary "lliere a park can be developed to serve all the citizens of Alameda and g uests to our cit P Estuar Park. with an entrance at Oak and Blandincy. could be a wonderful. active park sr pportino a soccer field. track field, softball field., tennis cotIrts. a basketball court, a children's p1m.10round. picnic area, four acres to be used for outdoor mectinas and a sta for P erformances and civic ceITITIonies. t\V0 floatin docks for launcliing recreational craft and a water-taxi harbor. parking lot. 1.200 feet of ba trai along the waterfro rit, alon with restroorris and e stora space. We stron recommend that the Alameda Cit Council approve the project as an open space project to be support in part b WW bond monies. Si Printed Sianed: m fr Printed nae: m llj( i I Si 7N_ Printed name: Date: 1 Date: (j Date: Sioned: Date: L Printed name: X I Dear Ma and City, Council MeniDers: I support the ac and development of' Estuar Parll,,- at Oak and CI e Streets, aloncy the- Estuary. as promised in the 1991 Alameda Master Plan and recommended as ca cpeii- space P rc�jec[ N.�.,,orthv of suppoil using WW bond monies as recommended this y ear b the Alameda. Recreation and Park Comm' i t7 I ission. The NVW bond was recentl P assed bN." Alameda Count voters to extend support for the East Ba Reoional Parks L District, one of the most successful open space c'v'c enhancemas 1 Pa .en the United States, Alameda's share of the I WW bond will be ).4 million. Alaii-ieda has the op replace 10 acres of formally active industrial land along the Oakland Alameda W Estuar with a beautiful park. J'he park would provide sports activities and opcii space for cis ,Icactivities to an. area of Alameda that is park poor. Only a small U2 acre park, McKinle Park. lies %N�ifl a of mile radius of the proposed park, The Oak Street Estuary. Park would lie directIv across the Estuary from Oakland's Unloi Point Park and 11 W 'Just one block from the Park Street Brid the "GateNA7a entrance to Alameda. This 10 acre stretch of land on the water froot is the last place a] oncy the Estuary 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 support' field C� 111 a so ccer track field, softball field, tennis courts, a basketball court, 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 launchino recreational. craft and a water-taxi harbor, parking lot, 1200 feet of bav trail along the waterfront. alono with restrooms and e stora space. 'In I We stron.al recommend that the Alameda Cit Council approve the pro as ai open space pr to be support in part b WW bond monies. Si ax Printed nam___ Si Date: Date: P -Inted. name: a P� i i Sianed-. Printed name.- Sicyned: b AIIIZ Date: Date: Printed name: Dear Ma and Cit COL 11161 Members I support the ac and development of Estuar Park at Oak and Clcii-ient Streets, alon the EStLlal'V. as i pronnsed in. the 1991 Alameda Master Plan and recommended as a open space project -�Nvorthy of support 's"E U IICY WW bond monies as reconi.mended this �fear by the Alameda Recreation and Park Cornmissi 7 r 011. The WW bond was recentl passed b A" ameda Coumv voters to extend support for the East Bay Re Parl"I.-'s District, one of the most successful Opel] Space civic enhancen-ients in the I ni.ted States. Alameda's share of the WW bond will be $14 million, Alameda has the opportunit to replace 10 acres of foriiialiv aci'vc industrial land alona the Oakland Alameda Estuar with a beautiful park. The park would provide sports activities and open space for civicaciivi-ties to an area of Alameda that is park poor. Onl a small I i'2 acre parr, -IV-IcKinle Park, lies within a one mile radius of the proposed park. J The Oak Street Estuary Park w U would lie directly across the Estuary from Oaklancifs nion Point Park and just one block from the Park Street Bridge. the "Gateway entrance to Alameda. This 10 acre stretch of land on the water front is the last place alon the Estuar where ra park can be developed to serve all the citizens of Alameda and g uests to our cit Estuary Park., with an entrance at Oak and Blandincy, could be a Nvonderful. active park supportin a soccer field, track field, softball field, tennis courts, a basketball court, a children's playground. p-cn' i i s area, four acres to be used for outdoor meetin and a staue for performances and civic ceremonies. two floatin docks for launchin recreational craft and a watcr-taxi harbor, parkino. lot. 1 200 feet of bay trail alon the �A,,-,aterfront, alone with restrooms and e storao'e space. ZD We stron recommend that the Atarnecla City Council approve the pro as an open space project to be support in part b WW bond ni.onies. Si 4. Date: Printed name: V Sicyned: t� Printed name.* Si Printed iiame: cl L 1 -L5 Si Date: Date: D ate: Printed name.- C; L' c -T Dear Ma and Cit Council Members.-. I support the ac and cievelopnient of Esfinar Park at Oak and Clement Streets, alon the Estuary. as promised in the 1991 Alameda Master Plan and reconimended as a open. space proiect lxorth of support using WW bond monies as recommended this y ear b the Alameda Recreation and Park- con lill ission. The WW bond was recentl.� passel Alameda County voters to extend support for the East Bay Re Parks District, one of the most successful open space civic enhancements 'n the United States. Alameda's share of the J WW bond will be $3.4 m1*11.1011 Alameda, has the opporttinity to replace 10 acres of form all-y- active industrial land alon the Oakland Alameda 2 Estuar with a beautiful park. The park would provide sports activities and open space for civicactivitics to an area of Alameda that is park poor. Onl a small 1,12 acre P ark, MeKinle Park, lies �N-jthija a one rrille radius of the proposed park. The. Oak Street Estuar Park would lie directIv across the Estuar fi-on, 0aldand's Union Point Park and j i tist one block from the Park Street Brid the "Gatewa entrance to Alameda. This 10 acre stretch of ]and on the water front is the last place alon the Estuary where a park can lac developed to serve all the citizens of Alameda and g uests to our cit Estuar Park. with an entrance at Oak and Blandina. could be a wonderful. t�l active park supportin a soccer field, track field, softball field, tennis courts, a basketball court, a children's play picnic area., four aercs 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, 1.200 feet of ba trail alon the waterfront, alon with restrooms and e stora space. We stron recommend that the Alameda CA Council approve the pr as an open space project to be support in part b WW bond iup�iies. J, Si 14 Date. J Printed name: K, t. V� l Si Printed name: Si VLI V Printed name. Si Printed name wA C Z D ate: c ;FT Date: q C' 'j Date Dear Ma and City Council Members.- I support the ac and development of Estuar Park at Oak aj d CIenient Streets, along the Estuarv, as promised in the 1991 Alameda Master Plan and recommended as a open space project x�;ortli of support usin WW bond inonies as recommended this y ear la the Alameda Recreation and Park Conimission, The WW bond was recentl passed b Alameda Count voters to extend support for the East Bay Re Parks District, one of the niost successful open space ci-vic enhancements in the tjll'ted States. Alameda's share of the WW bond will be $-')',4 nifllion. Alameda has the opportunity to replace 10 acres off'ormally active industrial land alon the Oakland Alameda Estuar with a beautiful park. I The park would provide sports activities and open space for civicacti N.I. ties to an area of Alameda that is park poor. Only a small 1/2 acre park. McKinle Park, lies within a one mile radius of the proposed park. The Oak Street Estuary Park would lie directl across the Estuai- from Oal,,Jand's Un'on 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 alon the Estuar- where a park can be developed to serve all the citizens of Alameda and g uests to our cit II_: Estuar Park. with an entrance at Oak and Blandin could be av�'onderful. active park supporti field'-,k in a socce track field. softball field, tennis courts, a basketball court,,, a children's pla picnic area., four acres to be used for outdoor meetings and a sta for performances and ci-vic ceremonies. two float' 111(y docks for hatinchin recreational craft and a water-taxi harbor, parkin lot. 1200 feet of bay trail along the waterfront. alon with restrooin.s and e stora space. We stron recommend that the Alameda Cit Council approve the project as an open space project to be support in part b WW bond monies. 6. _+X SiGned: J Date: Pfinted name.-, �4 C'Y Si Date- Printed na',rue,. 3� 6 7 Sianed: I Date: Printed name C A- D A 4 X'I Si at L L Printed name: Dear Mavor and Cit Council Members, I support the ac and develo of Estuar Park at Oak and CIernent, Streets. alon the Eswary. as promised in the 1991 Alameda Master Plan and recommended as a open space pro�ject worth of support usin E f WW bond nionles as recommended this vear by the Alameda Recreation and Park, Commission., w The WW bond was recentl passed b 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. Alarnedas share of the WW bo nd will be $3 .4 million. Alameda has the opportunit to replace 10 acres of formall active industrial land alomT the Oakland Alameda Estuar with a beautiful park. F The park would provide sports activities and open space for civicactivities to an area of Alameda 'hat is park poor. Onl a small 1/2 acre l ark, McKinle Park. lies withill Eq Me n-ille radius of the proposed park. The Oak Street Estuar Park. would lie directl across the Estuar from 0aldand's Union Point Park and Just one block from the Park Street Brid the "Gatewa entrance to Alameda. Brid This 10 acre stretch of land on th.e w2ter front Is the last ptPice alon the Estuar where a park can be de-,7eloped to serve all the citizens of Alameda and g uests to our cit Estuar Pa •l an entrance at Oak an I _d Blandincr could be a wonderful active park suppoilincy a soccer field, t�' 1: zn track field, softball field, temus courts, a basketball court, a children's P la yg round., pionic area, four acres to be used for outdoor meetincrs and a stage for performances and civic ceremonies, two floatin docks for launch' In I-- L__ in recreational craft and a water-taxi harbor, parkincy lot, 1200 feet of ba trail alon the waterfi.-ont. aloncy with restrooms and e stora space. We stron recommend that the Alameda Cit Council approve the pro as an open space project to be Z:� V support in part b WW bond monies. Si Z:> 4- Date: Printed name: Sicyned: Date: Printed name A ll� Si Date. Printed na (Y-QC\ D Sioned- V Date: Printed name: AIV 4 7> 0 7> 0 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 1991 Alameda Master Plan and recommended as a open space project worthNz of support using WW bond monies as recommended this year by the Alameda Recreation acid Parr. Commission. The WW bond was recentl 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 Mates, Alazn.eda's share of the WW bond will be $3.4 ni.illion. A lameda has the opportunity to replace 10 acres of formally active Industrial land along the Oakland Ala. neda Estuary with a beautiful parr. The park would pro ;;I e sports act ivities and open space for civ to an area of Alameda that is park poor. Only a small 1 /2 acre park.. McKinley Park, lies within a one mile radius of the proposed parr, The Oak Street Estuary Parr would lie directly across the Estuary from. Oakland's Un ion Point Park and just one block from the Park Street. Bridge, the "Gateway" entrance to Alanzeda. This 10 acre stretch of land on the water front is the last place al ong the Estuary NN7here a park can be developed to serve all the citizens of Alameda and guests to our city, Estuary park. with an entrance al Oak and Blanding, could be a NAtonderful_ active park supporting a soccer field. track field. softball field, tennis courts, a basketball court, a children's plavg round picnic area. four acres to be used for outdoor neetinv -s and a stage for performances and civic ceremonies. two l oatino docks for lau cliina recreational craft and a water -taxi harbor, parking lot, 1200 feet of bay trail aI one the wate-f-ont, alo with restrooms and equipment storacye space:. We strongly recomi rend that the �lanneda City Co uncil approve the project as an open space project to be support in part by WW bond monies. Signed: Printed name. sr x,yrr Shined, b. Printed name �i Printed name: o Yr y Yp� C..'�„_ �+x.. 3. e'•.._. -tea Date: �F Tate. f Date S i g ned. k D d_ Printed nam _F x `ol Dear Mavor and Ci Council Members: .1? .z I support the ac and development of EstuarN; Park at Oak and Clement Streets. along the Estuar as promised in the 1991 Alameda Master Plan and recon -i mended as a open space pr Nvorth of support us' In WW bond n-ionies as recornniended this y ear Me the Alameda Recreation and Park Commission. The WW bond was recentl passed b Alameda Count voters to extend support for the East Ba Re Parks District, one of the most successful. open space civic enhancements in the Unite t States. Alameda's share of the I I C WW bond will be $3 ).4 million. ,f -kland Alameda Alameda has the opportunit to replace 10 acres of formall act industiial land alon the Oa Estuar with a beautiful park. The park would provide sports activities and open space for civicactivitics to an. area of Alameda that is park poor. Onl a small 1.12 acre park, McKinley Park, lies within a one ii-ifle radius of the proposed park. The Oak Street Estuar Park would lie directly across Lhe Estuarxv rom gal -lay Union Point Park and .X Just one block from the Park Street Brid the "Gateway" entrance to Alarnecta. This 10 acre stretch of land on the water front is the last place alon the Estuar where a park can be de\leloped to serve all the citizens of Alameda and g uests to our cit Estuary Park.. with an entrance at Oak and Blandin could be a wonderful, active park supportin a soccer field, track Meld softball field. tcruiis courts, a basketbal court. a children's play around, picnic area, four acres to be used for outdoor meetin and a stacre for performances and civic ceremonies', two f I oat' I n docks for launchin recreational craft and a water-taxi harbor, parkin lot, 1200 feet of' ba trail alon the waterfront, aloiia with restrooms and e stora space. I We stron recornniend that the Alameda City Council approve the pi* as an open space project to be support in part b WW bond ni.onies. Si ti ned: Printed name: Si Printed name: Signed: k t V Printed name: Sinned: Printed name: gr y J Date: Date: D ate .4 L, Dear Ma and Cit Council Members I support the ac and de-%lelopment of EstLiar Park at Oak alld Clement Streets. alon the Estuary, as promised in the 1991 Alameda Master Plai,i. and recommended as a open space pro worth of support using WW bond monies as recomniended this y ear b the Alameda Recreation and. Park Commission. The WW bond was recentl passed b Alameda Count voters to extend support for the East Ba Re Parks District. one of the most successftil open space civic enhancemems iii the U-nited States. Alameda's share of the WW bond will be $3.4 million. Alameda has the opportunity to replace 10 acres of formall actiNl,e Mdustrial land aloncy the Oakland Alameda Estuar with a beautiful park. The parr would provide sports activities and open space for civicactivities to an area of Alameda that is park poor. Onl a small V2 acre park, McKinle Park, lies within a one mile radius of the proposed park. Th.t_- Oak Street ESL'Uary Park would lie directl across the Fstuary from. Oakland's W -1 Point Park and j ust one block from the Park Street 13.11-1doe., the "Gatewav" entrance to Ahuiieda. This 10 acre stretch of land on the water front is the last place alon the Fsuiar vvbere a park can be developed to se -\1e all the citizens of Alameda and g uests to our cit Estuary Park. with an entrance at Oak and Blanding, could be a wonderful, active parl- supportin a soccer, f i e ld, Id, track field, softball field.. tennis courts. a basketball court. a children's plavorotind. p'cn' area, four acr to be J i c used for outdoor nieetin!�s and a stage for performances and civic ceremonies. t" o fl f or launchin oat' docks 1110 recreational craft and a water-taxi harbor. parking lot. 1200 feet of ba trail along the waterfront, alone with restrooms and e stora space. L� We stron recommend that the Alameda Cit Council approve the project as an open space project to be support in part b WW bond monies. Sialled.. t-I Printed name: Sianed: Z=� Printed name: `3 A J Sicyned: L:7_11,.,��- f IF Pi rnted name: p, Si Printed name: __J Date: Date: Date: Date: Dear Ma anet Cit Council Members. I support the ac and development of Estuar Park at Oak and Clement Sti-eets, alon the Estuar as promised in the 1991 Alameda Master Plan and reconiniended, as a open space pro ject worthNI, of support using W m W bond monies as recomended this y ear b the .Alanieda Recreation and. Park Commissio'n'. The WW bond was recentl passed b Alameda Count voters to extend support for the East Ba,v Re Parks z District, one of the most successful. open space civic enhancements in the t3nited States. Alame�da'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 Estuai�7 with a beautiful park. The park would provide sports activities and open space for civi cacti vi ties to an area of Alameda that is park P oor. Onl a small 1 acre park, IVIcKinley Park- lies witIlin a one mile radius of the proposed park. The Oak Street Estuar Park would He directl across the Estuar fi-oni Oakland' W .1 s Union Point Park and just one block from. the Park Street Brid the "Gatewa entrance f,,Io Alameda. This 10 acre stretch of land on the water front, is the last place alon the Estuar where a park can be developed to serve all the citizens of Alameda and auests to our city Estuar Park., with an entrance at Oak and Blandin could be a �N�onderful, active park supportin a soccer field. track field, softball field', to ins courts, a basketball court, a children's P la yg round, picnic area.. four acres to I,/ t> be used for outdoor meetin and a sta for performances and civic cereino iiies. two floafi.ii docks for launchin recreational craft and a water-taxi harbor. parkin lot, 1200 feet of ba trail along the waterfront, alon with rcstrooms and e stora space. We stron recommend that the Alanieda Cit Council approve the pro as an ope"i space pr to be support in part b WW bond monies. Si Z:� aned: Printed name: Si Printed naine- Si C Printed name: Date: U Date: Date: Si t:� Date: Printed name: CURRENT APPLICATIONS HOUSING COMMISSION THREE VACANCIES (Three partial terms expiring 06/30/10, one of which is the Tennant seat) Ian M. Couwenberg Re: Agenda Item ##9 -A 12-1-09