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2010-02-16 Packet:f CITY OF AL MEDA CALIFORNIA S r Its ��ti �Ss Jf SPECIAL JOINT MEETING OF THE CITY COUNCIL ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY (ARRA) AND COMMUNITY IMPROVEMENT COMMISSION CIC TUESDAY FEBRUARY 16,2010- -5:00 P.M. Locati Cit Council Chambers Conference Room, Cit Hall, corner of Santa Clara Avenue and Oak Street MUS 1 Roll Call Cit Council, ARRA, CIC 2. Public Comment on A Items Onl An wishin to address the Council/Board/Commission on a items onl ma speak for a maximum of 3 minutes per item 3. Adjournment to Closed Session to consider: Cit Council 3-A. CONFERENCE WITH LABOR NEGOTIATORS Aqenc ne Human Resources Director Emplo organizations* Alameda Fire Mana Association Citv Council/ARRA/CIC 3-13. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Propert Alameda Point Ne Parties- Cit of Alameda, ARRA, CIC, SunCal., Nav Under Ne Price and terms of pa Cit Council 3-C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (54957) Title: Cit Attorne 4. Announcement of Action Taken in Closed Session, if an 5. Adjournment C-it Council, ARRA, CIC 8'everl J n M y or Chair, AR n Cl 5 7 �r CITY OF ALAMEDA •CALIFORNIA IF YOU WISH TO ADDRESS THE COUNCIL: 1. Please file a speaker's slip with the Assistant City Clerk and upon recognition by the Mayor, approach the podium and state your name; speakers are limited to three (3) minutes per item 2. Lengthy testimony should be submitted in writing and only a summary of pertinent points presented verbally 3. Applause and demonstration are prohibited during Council meetings TUESDAY FEBRUARY 16 2❑1 7 :00 P.M. AGENDA REGULAR MEETING OF THE CITY COUNCIL [Note: Regular Council Meeting convenes at 7:00 pm, City Fall, Council Chambers, corner of Santa Clara Avenue and Oak Street] 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. Regular Agenda Items 7. Oral Communications, Non Agenda (Public Comment) 8. Council Referrals 9. Council Communications (Communications from Council) 10. Adjournment Public Participation Anyone wishing to address the Council on agenda items or business introduced by Councilmembers may speak for a maximum of 3 minutes per agenda item when the subject is before Council. Please file a speaker's slip with the Assistant City Clerk if you Irish to address the City Council. SPECIAL JOINT MEETING OF THE CITY COUNCIL, ALAMEDA 6 :00 P.M. REUSE AND REDEVELOPMENT AU THORITY, AND COM MUNITY IMPROVEMENT COMMISSION, COUNCIL CHAMBERS CONFERENCE ROOM Separate Agenda (Closed Session) SPECIAL JOINT MEETING OF THE CITY COUNCIL, ALAMEDA 7. 01 P.M. REUSE AND REDEVELOPMENT AUTHORITY, AND COMMUNITY IMPROVEMENT COMMISSION, CITY COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE 1 ROLL CALL city Council 2. AGENDA CHANGES 3. PROCLAMATIONS SPECIAL ORDERS OF THE DAY ANNOUNCEMENTS 3 -A. Proclamation Declaring the Month of February 2010 as Good Government Month. 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 Joint city council and Public utilities Board Meeting and the Regular City council Meeting held on February 3, 2010. (City Clerk) 4 -B. Bills for Ratification. (Finance) 4 -C. Recommendation to Approve consent to Assignment of Lease and Estoppel Certificate Between the City of Alameda, Ballena Isle Marina, L.P., and CNL Income Ballena Marina, LLC. (Economic Development) 4 -D. Recommendation to Award a First Amendment to the contract in the Amount of $50,000, Including contingencies, to Bellecci Associates, for Engineering Construction Support for the Webster StreetA/Vilver Willie Stargell Avenue Intersection Project, No. P.W. 10- 08 -26. (Public Works) 4-E. Adoption of Resolution Authorizing open Market Negotiations of a Contract Pursuant to Section 3 -15 of the Alameda City Charter For the Alameda Harbor Bay Barge Replacement Project, No. P.W. 0609 -19, and Authorize the Interim City Manager to Enter Into Such an Agreement. [Requires Four Affirmative Votes] (Public Works) 4 -F. Adoption of Resolution Approving the Revised Memorandum of Understanding Between the Alameda Fire Managers Association and the city of Alameda for the Period commencing January 6, 2008 and Ending February 27, 2010. (Human Resources) 4 -G. Adoption of Resolution Approving a Request to the California Public Employees' Retirement System Board of Administration for an Employment Extension Request per Government Code Section 21221(h) for the Temporary Employment of Evelyn C. Leung. (Human Resources) 4 -H. Adoption of Resolution Authorizing the Interim City Manager to Execute the Grant Contract Between the State of California Department of Boating and Waterways and Alameda Police Department. (Police) 4 -1. Adoption of Resolution Declaring canvass of Returns and Results of the Special Municipal Election Held on Tuesday, February 2, 2010. (City Clerk) 5. CITY MANAGER COMMUNICATIONS (Communications from City Manager) 5 -A. Economic Development Department Relocation. 6. REGULAR AGENDA ITEMS 6 -A. Adoption of Resolution Appointing Bill Delaney as a Member of the Recreation and Park Commission. 6 -B. Recommendation to Accept the Report of the Economic Development Commission's Business Attraction Subcommittee. (Economic Development) 6 -C. Recommendation to Adopt the City of Alameda's Update of the Master Tree Plan. (Public Works) 6 -D. Recommendation to Appoint Members to the Sunshine Issue Spotting Task Force. (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 8 -A. Consideration of a Hospital City Liaison Committee. (Councilmember Matarrese) 8 -B. consider Including Recommendations regarding Non Profit Organization Operation of Mif in the Golf Course operating Plan. (Vice Mayor deHaan) 9. COUNCIL COMMUNICATIONS (Communications from Council) Councilmembers can address any Conferences or meetings attended matter, including reporting on any 10. ADJOURNMENT City council Materials related to an item on the agenda are available for public inspection in the City clerk's office, city Fall, 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 0 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 to request agenda materials in an alternative format, or any other reasonable accommodation that may be necessary to participate in and enjoy the benefits of the meeting CITY OF ALAMEDA CALIFORNIA SPECIAL JOINT MEETING OF THE CITY COUNCI ALAMEDA.REUSE AND REDEVELOPMENT %AUTHORITY LARRA) AND COMMUNITY I MPROVEMENT COMMISSION (CIC) TUESDAY FEBRUARY 16,-2010 7.01 P,M. Location: Cit Council Chambers, Cit Hall, corner of Santa Clara Ave and Oak Street Public Participation An wishin to address the Council/Board/Commission on a items or business introduced b the Council/Board/Commission ma speak for a maximum of 3 minutes per a item when the subject is before the Council/Board/Commission. Please file a speaker's slip with the Assistant Cit Clerk if y ou wish to speak. 1 ROLL CALL Cit Council, ARRA, CIC 2. CONSENT CALENDAR Consent Calendar items are considered routine and will be enacted approved or adopted b one motion unless a re for removal for discussion or explanation is received from the Council or a member of the public 2-A. Minutes of the Special Joint Cit Council, ARRA.and CIC Meetin Held on Ja 261 201 [Cit Council /ARRA/CIC Cit y Clerk 2 Recommend to Authorize the. Interim Ex Director to Amend :Scope .of Contract with the Alameda Chamber of Commerce for Fiscal Year 2009-2010. CIC (Economic Development 2-C. Recommendation to Approve an Amendment to the Grand Marina Villa Affordable Housin A and Authorize the Interim Cit Mana Executive Director to Execute the Amendment. [Cit Council /CIC (Economic Development 3. AGENDA ITEMS 3-A. Consider SunCal's Re to- (1) Approve an Addendum to the Exclusi Ne A (ENA) between SunCal and Alameda Re Modification to Certain Terms Includin Ex the Term of th ENA to Jul 20, 2012 and 2 Retract the Notice of D b Alameda r e g ardin g SunCal's Performance under the ENA. [Cit Coun cil/ARRA/CIC (Cit Mana 4. ADJOURNMENT Cit y Council, AR IC bow 40" Beverl Jo s M y or Beverly C hair, A R RA n1l C I t T�rocfiz WHEREAS, the League of women v oters (Lwv is a nonpartisan political organization that works to improve our system of government and to impact public policies through citizen education and advocacy; and WREREAS, the League of women voters of the United States is celebrating its 90th anniversary in 2010; and WREREAS, The 19th amendment to the United States Constitution, which gave women the right to vote, also celebrates its 90th anniversary in 2010; and WHEREAS, t the Lwv works to effect change on diverse issues in the areas of representative government, international relations, natural resources, and social policy; and WREREAS, the Lwv is organized on three levels national, state, and local; and WHEREAS, the Lwv Alameda has faithfully and tirelessly served to promote good government in Alameda for over thirty years; and WYEREAS, for nine decades, the League at all levels has worked to ensure our democracy is transparent, effective, and truly representative; and W�fEREAS, Alarnedans depend upon. the League's voter service programs for unbiased, informative analysis of ballot measures and candidate information; and WYEREAS. all are welcome to join the LWV, to become part of this respected and effective organization, and to help in its work safeguarding democracy and furthering civic improvement. New 7WEREFORE BE .IT RESOLVED that I, Beverly J. Johnson, Mayor of the City of Alameda, do hereby declare the month of February 2010 as GOOD COVERNMEN r MONTW in honor of the 90th birthday of the League of women voters and the passage of the 19 Amendment. B er J o11n n a r City Council Agenda Item #3 -A 2-1640 UNAPPROVED MINUTES OF THE SPECIAL JOINT CITY COUNCIL AND PUBLIC UTILITIES BOARD PUB MEETING WEDNESDAY FEBRUARY 3 2010 6:00 P.M. Mayor Johnson convened the Special Joint Meeting at 6:00 p.m. ROLL CALL Present: Councilrnembers deHaan, Gilmore, Matarrese, Tarr, and Mayor Johnson; Acting Board Member Goldman, Board Members Hamra, Holmes, McCahan, McCormick 10. Note: Note: Board Member McCahan was present via teleconference from 78 -6800 Alii Drive #3, Cailua -Kona, HI 96740 Absent: None. The Joint Meeting was adjourned to Closed Session to consider: (1 0- C Conference with Legal Counsel Existing Litigation; Significant Exposure to Litigation Pursuant to Subdivision (b) of Section 64956.9; .Name of Cases: Vectren Communication services v. City of Alameda, Acting By and Through Alameda Municipal Power; Bernard A. Osher, Trustee v. City of Alameda, et al; City of Alameda on Behalf of Itself and Alameda Municipal Power, et al v. Nuveen Municipal High Income opportunity Fund, et al. 10- CC Conference with Labor Negotiators; Agency Negotiators: Human Resources Director; Employee Organizations: Alameda Police Managers Association. Following the Closed Session, the special Meeting was reconvened and Mayor Johnson announced that regarding Existing Litigation, the City Afitorrieylegal Counsel provided an update of the status of the litigation and received direction on legal strategy from the City Council and the PUB; regarding Labor the Labor Negotiator provided a briefing to Council on the status.of negotiations. Adiournment There being no further business, Mayor Johnson adjourned the Special Meeting at 7 :05 p.ri M. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. UNAPPROVED MINUTES OF THE REGULAR CITY COUNCIL MEETING WEDNESDAY FEBRUARY 3,2010- -7.01 P.M. Mayor Johnson convened the Regular Meeting at 7:31 p.m. ROLL CALL Present: Councilmembers deHaan, Gilmore, Matarrese, Tara and Mayor Johnson 5. Absent: None. AGENDA CHANGES 10- Vice Mayor deHaan stated that he requested that the Public Hearing to Consider a Call for Review [paragraph no. 10_ 1 be continued. Mayor Johnson inquired whether anyone had any objection to continuing the item. Marilyn Ezzy Ashcraft, Planning Board Member, responded that she does not have any objection to continuing the item; advance notice would be appreciated if the item is continued again. Mayor Johnson stated the agenda indicates that the item was placed on the agenda by Community Development. The Planning Services Manager stated Vice Mayor deHaan called the item for review. Councilrnember Gilmore inquired whether the item would have to be re- noticed if continued, to which the Planning Services Manager responded in the negative. Mayor Johnson inquired whether a specific date is needed, to which the Planning Services Manager responded in the affirmative. Mayor Johnson inquired what date would be set. The City Attorney responded the date would be up to Council; stated the item could be placed on the next agenda. Mayor Johnson stated that Councilmernber Tara is indicating the next meeting has a lot of items. The Deputy City Manager stated the first meeting in March is not as full at this point. Councilmember Tam inquired ghat is the compelling reason for continuing the item. Ms. Ezzy Ashcraft responded the Planning Board had no speakers in opposition to Regular Meeting Alameda City Council February 3, 2010 extending Kohl's operating hours; stated that she would not expect a great deal of public opposition. Vice Mayor deHaan stated that he would prefer to continue the item because the matter is a procedural item; further clarification is needed on some issues noted in the staff report; the Interim City Manager should be involved in the issue. The Deputy City Manager stated Vice Mayor deHaan wants to discuss the matter with the Interim City Manager before hearing the item. Mayor Johnson inquired whether Kohl's would be impacted, to which Vice Mayor deHaan responded in the negative; stated the extended operating hours are requested for November. Mayor Johnson stated the item would be continued to March 2, 2010. PROCLAMATIONS SPECIAL ORDERS OF THE DAY ANNOUNCEMENTS 1 0- Proclamation Declaring January 30, 2010 to April 4, 2010 as a Season for Nonviolence. Mayor Johnson read and presented the proclamation to Tracy Jensen, School Board Member. Board Member Jensen submitted a handout; thanked Council for the proclamation; stated that she looks forward to the Council and community joining in the Alameda Collaborative celebration. CONSENT CALENDAR Vice M ayor deHaan moved approval of the Consent Calendar. Councilmember Tangy seconded the motion, which carried by unanimous voice vote 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] *10- )Minutes of the Special City Council Meeting held on January 26, 2010. Approved. *10- )Ratified bills in the amount of $4,090,975.04. *10- Recommendation to Adopt Plans and Specifications and Authorize a Call for Bids for the Neighborhood Library Improvement Program No. P.W. 10-09-29. Accepted. (*10- Resolution No. Regular Meeting Alameda City Council February 3, 2010 14414, "Appointing an Engineer and an Attorney for Island City K Landscaping and Lighting District 84 -2. Adopted. *10- Resolution No. 14416 "Appointing an Engineer and an Attorney for Maintenance Assessment District o1 -1 (Marina Cove). Adopted. *10- Resolution No. 14416 "Approving a Revised Memorandum of Understanding Between the Alameda Police Managers Association and the City of Alameda for the Period of January 6, 2008 Through February 27, 2010." Adopted. *10- Resolution No. 14417 "Designating Alameda as a Preserve America Community and Authorizing the Submission of an Application for Preserve America Grant Funding." Adopted. CITY MANAGER COMMUNICATIONS 10- 24/7 Residential Property Managers for Large Multi Family Housing Complexes The Building official gave a P ower Point presentation. Mayor Johnson stated the State requirements seem fine; a lot of fire calls are received for situations that should be handled by building managers; State requirements could be put into effect by a certification on the business license; Fire Department protocols should include having a building manager meet the Fire Department on site for non emergency calls. Councilmember Gilmore stated a fine has been implemented for non emergency Calls; that she would like to know how the fine is working; determining whether the fine is enough and is a deterrent should be reviewed. Mayor Johnson stated that she hopes the fines are having an impact on reducing maintenance calls to the Fire Department; the City should have Contact information for both on -site and off -site managers. Councilmember Matarrese stated the Municipal Code conforms with the State and does not need to be changed; ensuring that multiple unit buildings have a business license, certified contact information for on -site managers, and posted Contact information for smaller units is a step in the right direction. Vice Mayor deHaan stated that he has a concern with communication procedures between departments. The Deputy City Manager stated that she is not aware of any reporting procedure but would look into the matter. Councilmember Matarrese stated procedures need to be in place for instances when Regular Meeting Alameda City Council 3 February 3, 2010 the Fire Department arrives and there is no on -site manager of a twenty -unit building. Mayor Johnson stated Fire Department protocol should include having a list of contact information for on -site managers; the fire report should indicate whether an on -site manager or designated person was at the scene. 'Mice Mayor deHaan stated procedures could include having the Fire Department contact the on -site manager before leaving the scene. The Building official stated coordination is good between Fire Prevention and Code Enforcement. Councilmember Tam stated that less than four percent of calls are for maintenance; inquired how many calls are related to multi family units; further inquired whether verifying whether there is an on -site manager would require additional cost recovery. The Building official responded the Fire Department already inspects multi- family units. Councilrnember Tangy stated the Code requires that property manager information be posted and current for even five units. The Building official stated information needs to be posted for five to fifteen units; sixteen or more units require an on -site manager. Mayor Johnson stated the requirements seem to be reasonable and do not need to be changed; obtaining contact information at the time of issuing a business license makes sense. The Deputy city Manager stated a report will be brought back on types of calls and whether the calls were for multi- family units; that she will gather information from the Fire Department. Mayor Johnson stated protocols need to be developed. Councilme mber Matarrese stated the certification process could be facilitated through the business license process. Speake Steven Edrington, Rental Housing Association of Northern Alameda County. REGULAR AGENDA ITEMS (10- )Public Hearing to Consider Resolution No. 14418 "Joining the CaliforniaFl RST Program, Authorizing the California statewide Communities Development Authority to Accept Applications from Property owners, Conduct Contractual Assessment Proceedings and Levy Contractual Assessments Within the Territory of the City of Alameda, and Authorizing Related Actions." Adopted; Regular Meeting Alameda City Council 4 February 3, 2010 Resolution No. 14419 "Authorizing Sacramento county to Act as Lead Applicant for a Municipal Financing Program Grant." Adopted; and Resolution No. 14420 "Authorizing the Association of Bay Area Governments to Act as Lead Applicant for a California comprehensive Residential Building Retrofit Grant." Adopted. The Deputy city Manager gave a brief presentation. Mayor Johnson stated the program started in Berkeley and has been very successful. Councilmember Tara inquired whether the CaliforniaFl RST Program would enable property owners to seek loans. The Deputy city Manager responded the City would need to join the californiaFIRST Program in order to make loans available to property owners; commercial loans would be included also. Councilmember Tarn inquired whether the School District mould be included, to which the Deputy City Manager responded all property owners would be eligible. In response to Councilmember Tam's Inquiry, the Alameda Municipal Power General Manager responded the top ten users use approximately 20% of the city's energy. Spe Robb Ratto, Park Street Business Association. Councilmember Matarrese moved adoption of the resolutions. Councilmember Gilmore seconded the motion, which carried by unanimous voice vote 5. (1 0- Public Hearing to consider a call for Review of the Planning Board's Modification of a Use Permit for Extended Hours of operation at the Kohl's store Located at 2201 south shore center, and Adoption of Related Resolution. continued to March 2, 2010. 10- Recommendation to Authorize the Interim City Manager to Submit Applications Totaling $3,465,489 to the East Bay Regional Park District Under the Measure WW Grant Program. The Recreation and Park Director gave a brief presentation. Councilmember Matarrese inquired whether the projects listed for the 2011 cycle could be submitted for 2010, to which the Recreation and Park Director responded in the negative. Regular Meeting Alameda city council 5 February 3, 2010 Councilrnernber Gilmore inquired whether an account has been identified to front the money a for Krusi and Tillman Parks, to which the Recreation and Park Director responded in the affirmative. Councilmember Gilmore requested an off Agenda Report on where the money is coming from; inquired whether the existing play structures do not meet Americans with Disabilities Act (ADA) requirements or are falling apart, to which the Recreation and Park Director responded both. Councilrnernber Gilmore inquired whether Measure WW requires a twenty -five year lifespan. The Recreation and Park Director responded that the Bast Bay Regional Park District has advised that structures are allowed. Vice Mayor deHaan inquired whether the projects [Krusi Park renovations and Tillman Park play structure replacement] were reviewed and considered priorities by the Recreation and Park Commission, to which the Recreation and Park Director responded in the affirmative. Vice Mayor deHaan inquired whether identifying uses for the $1 million loan to the Boys and Girls Club is required, to which the Recreation and Park Director responded in the negative. In response to Cou ncilmember Tam's inquiry regarding tennis court resurfacing, the Recreation and Park Director stated tennis court resurfacing is guaranteed for twenty five years. Councilrrernber Tam inquired whether the other projects [Lincoln Park Recreation Center and field renovation, Bncinal Boat Ramp rest replacement, Athletic Field lighting renovation, and park tennis court resurfacing] would fall within the twenty -five year lifespan, to which the Recreation and Park Director responded in the affirmative. Mayor Johnson stated the staff report notes that the tennis courts at Washington, Krusi, and Leydecker Parks would be resurfaced. The Recreation and Park Director stated that he hopes to resurface the tennis court at Lincoln Park also. Speakers: Jean Sweeney, Alameda; Jim Sweeney, Alameda; Rosemary McNally, Alameda. Councilmernber Matarrese moved approval of submitting applications for Krusi Park renovations and replacement of the play structure at Tillman Park. Vice Mayor deHaan seconded the motion, which carried by unanimous voice vote 5. Regular Meeting Alameda City Council 6 February 3, 2010 Councilmember Gilmore moved approval of submitting the application for the Boys and Girls Club facility construction. Councilmember Tangy seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Gilmore, Tara and Mayor Johnson 3. Noes: Councilrnernbers deHaan and Matarrese 2. ORAL COMMUNICATIONS NON- AGENDA (1 0 Jean Sweeney, Alameda, stated that a house at Fifth Street and Central Avenue has been vacant for three years; the house is a fire hazard; that she thinks the property owner wanted to increase the number of apartments which would not have been allowed under Measure A Mayor Johnson stated that the property owner applied for a permit to do some work and then did a lot of unapproved demolition; that she went to see the building with the Interim City Manager and Building official; requested staff to provide an update. The Deputy City Manager stated that she will discuss the issue with the Building official. Mayor Johnson requested an off Agenda Report be provided; stated the property has been subdivided; information should be provided on said issue. Councilmember Gilmore stated years ago, some people were evicted from a building on Central Avenue; the building was a hazard and was boarded up; the process took years; said situations are not an easy fix. Vice Mayor deHaan stated updates are provided on a continual basis; a formal response is needed; boarding up abandoned buildings is just the beginning of the process; then, the building needs to be brought up to standards. Mayor Johnson stated the City has tried different tools for similar cases, but none seers to be satisfactory. (10- Richard Bangert, Alameda, stated the Chambers audio /visual feed has technical difficulty; panoramic shots are fine, but the audio is distorted during close ups; suggested that the issue be reviewed. Mayor Johnson suggested that streaming video be reviewed also. COUNCIL REFERRALS None. COUNCIL COMMUNICATIONS Regular Meeting Alameda City Council 7 February 3, 2010 10- Consideration of Mayor's Nomination for Appointment to the Recreation and Park Commission. Mayor Johnson nominated Bill Delaney for appointment to the Recreation and Park Commission. ADJOURNMENT There being no further business, Mayor Johnson adjourned the meeting at 8:40 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Council 8 February 3, 2010 CITY of ALAM EDA Memorandum To: Honorable Mayor and Members of the city Council From: Lisa Goldman Deputy city Manager Date: February 11, 2010 Re: List of Warrants for Ratification This is to certify that the claims listed on the attached check register and shown below have been approved by the proper officials and, in my opinion, represent fair and just charges against the City in accordance with their respective amounts as indicated thereon. Check Numbers Amount 225849 226246 $1 V1 9976 V20126 $109,649.10 EFT 802 $91.80 E ET 803 $163 EFT 804 $53,843.10 EFT 805 $11, 953.50 EFT 806 $26 Void Checks: 201269 ($345.60) 225971 ($625.00) 217331 ($130.00) 225148 ($53.50) 218481 ($193.62) GRAND TOTAL $2,314,561.14 Respectfully submitted, Deputy City Manager BILLS #4 -B Council Warrants 02/16/10 2/16/2010 H o FI o �o �10 o a °D 0 M Ln M CY] Ln Ln CN N C q a o a H Q 0 I cx I W a P4 z o z a x H w H v z A W U 04 U Q W Q W I W I U a 104 I I w A w I k k I U I I H w o w o x w �H U H k H U U I I I I I a a I U k k I F:� I CL4 Q Q C7 Cl) z H di H E-k W C) p o U Q H Q U K w Q E1 U W W K4 W o L7 x U o 0 F' A4 z Q O w H Ln H o o w W E-4 CY) di G4 a' C'q Q CN M x Ln 0 0 w w W C N N P4 Q I C`J W W U cD E-1 Ln 4 H N co A E1 U N O 00 E-I o H010 o dvdi O (n H oo0000 r- HLnNHNoo a) NLnm qi Or- r) t- H- 10r-iNNt- k.0 N0) Hr-q0 r-I H q o co w0 H0r-i O di N 000000 c+aH0l H r- wcomoomo r- rramm -l0wo 010 N NNN 0 H 0 H odiLn �o 0 M o O00000 diNd MmNr- Mmo dirn N rn OrY�a owoE O kw(Y)oOOo oo wr-ir- LnN oo O rra dv 000000 H m MM wM r -iH Ln H H w mrn (n m W r- w w Ln H O Ln Ln u) Ln Ln Ln M w N di di m N r-I 04 H di (N r- N H H M w �7 rl H N E-I x WU0 U�U r-�WU a I 1 1 0) I U) 0 W I� Cl) Cl) Cl) U) W 0 H W U) M 00 H a a E-i H W W P U) Pa U) U U a H H U U N U) Cf) Cf) Cf) U) a w 124 124 w wwwww a s H w wwww H �D �D m a Ra CO cn cn H E-I P H H p� H U) c/) CO U) W P QAQQQ a 10+W Cf) a HE1aa U 0 H H H H H D H r ']-I `�-I >1 H -t `mss H `�H U) W CO Cf) U) Qt C!} M Cl) W W W 04 a 04 H Cl) Cl)a E-1PE-+E-+PE- PP 04Ha04 w04 124 w04 COcO04 124 C/IM 0 W W W W W W Pa WW HHHHHHHH Pi �:)1- a�D �D �D �:)�J�D CJ) U),DD D Q U U �wUaww UUUUUUUU W rr�R.�cnu�rncncnrncn WM as I a 00 w w �H�MNH aaaaP4P4�04 w�WWWWWww 1 0 E- Fi UU P VUUUU PPF -I Q+ UMUUUUUUUaoUU I rY H HH E-i m HHHHH [�]C!][ UUUUUUUU C1) H HHHHHHHW W HH n (n 0 Q Q Q Q n W W W W W W W W W I r.[♦ w W H o wwWWw Q Qa a1- la1�aa1 -la w wwwwwwwwwQ "ww I Q+ f7 z �r- Q+ N 2: 2:XXX QQxPQW wwwwwwww �2i 000000000 >00 O 00 00 0 0 0 00000 000000 00000000 0 0000000000000 E1 �-o HH Ln u) �10 O w mmmmm NNrvwNcv HHHHHHHH di HHHHHHHHHHHHH U o 00 00 O H o mmmmm 000000 00000000 O 0000000000000 U H H H H H H w H H H H H H Ln H Ln H H H cn Cq m m rn rn cn rn cn m rn rn m m rn rn m m m m rn (n w Ln Ln Ln Ln w w �10 w w w w w Ln Ln Ln w Ln Ln w w w w w w w w Ln Ln Lo Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln AW I U a404 IY1 U} WWWWW HHHHHH H Q+ a Pi W U U U U U Py Pi Pi Pi Pi CQ H �D a W H E-1 F, E1 Ei Ei P Pi P� Pi Pi Pl Pi Pi P, a H 1 CO U) U P� Pi 00000 CI) (!)cnco Cf) Cl) wwwwwwww �D a[r} t Cl) cnU) Q P <F F HHHHHH :3: �9: 0 W I W as w Cf) C/) Cl) UUUUU QAQQQ 00000000 Pi p� I U <g Cl) Co a �D HHHHH 04 D4 D4 da4a40404 C7 UUUUUUUUUUUUU W 1 H H ::49 Py W Q QQAAQ 00 zzzzz zz,zz,zzzz 4 0 1 1:, fl,' 00 H 4Y, ',l" W W W W W <F:4FT54<< aaaaaaaa P4 H H H H H H H H H H H H H U I P� 00 U Ei H X2:X2:X UUUUUU 4 <4�44IC4 W `,Hw I w E-IEA XArH HHHHHH 040401040404 04a4 D4 QQQQgQQQQQQQQ Fix 1 C!) 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U H N H w Cn W Cn Cl) H rx a a P4 Cn Cl) tx ex cx Ei E-� W U W 00 W W 1 0 11 0 4 04 z z 0 No OH U 0404 UU o0 00 wW Q 0 E-1 Ei i 4 U I--' 0 H r-i r-I r-I ►-I H H 0 W w w 0 A x H H H H H H 4F: F:4 9 4 j< 4 E-1 X 4 U H H H H r-I H H E-q P P E-1 H H P F Ei FA AH �4 0 0 0 00 C/) w U 0 0 0 0 oa o� r- oo PE-1 00 0 z H P n 0 U A W U Z H 0 H E-q E� a A Cl) 0 H H p 0 r CN 0 w A V.0 2 CITY O F ALAS[ E DA Memorandum To: honorable Mayor and Members of the City council From: Ann Marie Gallant Interim city Manager Date: February 16, 2010 Re: Approve the Consent to the Assignment of the Lease and Estoppel Certificate between the city of Alameda, Ballena Isle Marina, L.P., and CNL Income Ballena Marina, LLC BACKGROUND The City entered into a ground lease with Ballena Isle Marina (BIM), LP, in 1979 for 27 acres of submerged land and 27 acres of dry lands. The terra was for 26 years, with an option exercised in January 1988, to renew for an additional 25 years. The lease expires December 31, 2028. BIM wants to enter into a sublease with CNL Income Ballena Marina, LLC. The BIM lease allows BIM to sublease any or all of the leased premises as long as it is consistent with the purpose of their lease with the city. The sublease with CNL is consistent with the BIM lease with the city. DISCUSSION In July 2007, the City Council approved a Master Lease that would divide the BIM leasehold estate into three separate leasehold estates. The Master Lease was to become effective when BIM sold the commercial buildings located on a portion of the leased premises. BIM requested and negotiated with staff the Master Lease agreement to facilitate BIM's ability to bifurcate the lease into three portions and sell off the. portions that were non marine related. The economic downturn has delayed any sale of the commercial buildings at this time; as such, BIM is delaying any sale of the commercial buildings and improvements to the marina that were contemplated as part of the Master Lease Agreement. BIM has now negotiated with CNL to sublease Ballena Marina, with BIM continuing to operate and manage the property for CNL. CNL is a privately held real .estate investment and development company. CNL owns and/or operates lifestyle properties such as ski resorts, golf courses, theme parks, and marinas. CNL has a reputation of acquiring lifestyle properties and upgrading the facilities to maximize profits. CNL has indicated that they would evaluate the property to determine what improvements would benefit the City's asset and the lease. No final decision has been made on any proposed improvements, but staff will continue to monitor and work with the lessee on City council Agenda Item #4_c 2 -16 -10 Honorable Mayor and Members of the City Council February 16, 2010 Page 2 of 2 improving the marina and commercial properties. A copy of the proposed Sublease with related documents is on file with the City Clerk. FINANCIAL IMPACT There is no financial impact from approving the sublease Agreement. RECOMMENDATION Approve the consent to the Assignment of the Lease and Estoppel certificate between the City of Alameda, Ballena Isle Marina, L.P., and CNL Income Ballena Marina, LLC. Resp c Ily submitted, 1. Leslie A. Little Economic Development Director DES:ry Exhibit: 1. Proposed sublease with Related Documents on File with the city clerk's Office CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City !Manager Date: February 16, 2010 Re; Award a First Amendment to the Contract in the Amount of $50,000, Including Contingencies, to Bellecci Associates, for Engineering Construction Support for the Webster Street/Wilver "Willie" Stargell Avenue Intersection Proiect. No. P.W. 10 -08 -26 N O we M asill 0 1 On May 5, 2009, the City Council awarded a contract in the amount of $145,670 to Bellecci Associates for Engineering Construction Support services for the Webster Streetlwilver "Willie" Stargell Avenue intersection project, No. P.W. 10- 08 -26. Bellecci has been involved in all stages of the project during design and construction. Construction support services have included, but are not limited to, responding to requests for information by the contractor, providing plan revisions and traffic control staging plans, reviewing material submittals, and attending construction meetings. Bellecci has a subcontract to Gates Associates for design of the landscape and irrigation portion of the project. DISCUSSION At the request o Caltrans, the y v I/ stuirgeii r o�id'vvay pr o ect %o nslsts of t'�`vo separate phases of construction, roadway improvements and landscape /irrigation improvements. Construction of the roadway improvement portion of the project is approximately 60% completed. The landscape /irrigation portion is currently out to bid. During construction of the roadway improvements, the contractor, Top Grade Construction, has come across multiple unforeseen conditions from previous naval and drive -in theater uses. Additionally, the project was expedited by closure of Stargell Avenue, between Fifth Street and Mariner Square Loop. This allowed completion of the roadway base and pavement section prior to the winter rainy season, thus alleviating damage to the street subgrade and potential extra construction costs. The unforeseen conditions and expedited work has resulted in Bellecci making modifications to the street design plans and traffic and construction staging plans, obtaining approvals from Caltrans for portions within the State right -of -way, and subsequently elevating the construction support costs. Due to the separation of both the landscape and roadway construction and design phases, modifications by Gates Associates were necessary to the landscape plans. City Council Agenda !term #4-D Honorable Mayor and Members of the City Council February 16, 2010 Page 2 of 2 Public Works staff proposes to amend Bellecci's contract by $50,000 for engineering construction support to cover these additional and future costs. A copy of the amended contract is on file in the City Clerk's office. FINANCIAL IMPACT The funds for this project, including both the street and landscaping phases, are budgeted in the Public Works Department's accounts for Capital Improvement Program listed in the following table: MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE This action does not affect the Alameda Municipal Code. RECOMMENDATION Award a first amendment to the contract in the amount of $50,000, including contingencies, to Bellecci and Associates, for engineering construction support for the Webster Streetlwilver "Willie" Stargell Avenue intersection project, No. P.W. 10- 08 -26. Respectfully submitted, Matthew T. Naclerio Public Works Director Approved as to funds and account, T Evely Leung tie Interim Supervising Accountant 30ugm Funding Source Amount STI P 310 $3,755,262 CFD #2 361 380 ARRA Lease 858 700 F I S C Lease 256 800 CDF 340.11 620 Sewer Fund 620 $2,948,753 Total: $9 MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE This action does not affect the Alameda Municipal Code. RECOMMENDATION Award a first amendment to the contract in the amount of $50,000, including contingencies, to Bellecci and Associates, for engineering construction support for the Webster Streetlwilver "Willie" Stargell Avenue intersection project, No. P.W. 10- 08 -26. Respectfully submitted, Matthew T. Naclerio Public Works Director Approved as to funds and account, T Evely Leung tie Interim Supervising Accountant 30ugm CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: March 2, 2010 Re: Reject the Sole Bid and Adopt a Resolution Authorizing Open Market Negotiations of a Contract Pursuant to Section 3-15 of the Alameda City Charter for the Alameda Harbor Bay Barge Replacement Project, No. P.W. 00- 09 -19, and Authorizing the Interim City Manager to Enter into Such an Agreement (Requires Four Affirmative Votes BACKGROUND On October 0, 2009, the City Council authorized a call for bids for the Alameda Harbor Bay barge replacement project, No. P.W. 00- 09 -19. The project would replace the existing docking barge with a refurbished barge. The existing barge has been in operation since 1992 and is nearing the end of its useful life. Bid proposals were required: to specify the barge proposed for the project, and to provide the City with access to inspect the barge and determine its ability to meet the City's minimum ten year operating requirements. DISCUSSION To solicit the maximum number of bids and the most competitive price, specifications were provided to 17 separate building exchanges throughout the Bay Area. A notice of bid was also published in the Alameda Journal. Two contractors submitted bids, and the bids were opened on November 23, 2009. After reviewing the documentation of all bids, one bid was determined to be non responsive because a bid bond was not included. The remaining bid information is as follows. Bidder Location Bid Amount Power Engineering, Inc. Alameda, CA $844,191.00 Since Power Engineering's bid exceeded the Engineer's Estimate by approximately $194,000, Public Works staff requested a revised bid that would be within the Engineer's Estimate. On December 12, 2009, Power Engineering submitted an alternative bid of $0'3,540. The alternative bid included the elimination of interior coatings that are essential to maintain the specified ten -year operating period. Including City Council Report Re: Agenda Item #4 -E Honorable Mayor and March 2, 2010 Members of the City Council Page 2 of 3 the approximately $50,000 cost of internal coatings brings the revised alternative bid to approximately $723,500. The revised cost estimate exceeds the Engineer's Estimate by $73,500. On December 17, 2009, the City's engineering consultant, Walther Engineering, Inc., inspected the barge proposed by Power Engineering and determined that it was not suitable for the needs of the ferry service. Power Engineering was provided this information and indicated that it does not have an alternative used barge available. Since the Power Engineering alternative bid exceeds the Engineer's Estimate by $73,500, and the barge evaluation determined the proposed barge is unlikely to meet the required ten -year period, Public Works staff recommends that the City Council reject the sole bid and, in accordance with Section 3--15 of the Alameda City Charter, authorize the open market negotiation of a construction contract for the Alameda Harbor Bay barge replacement project. FINANCIAL IMPACT Funds for the proposed project are budgeted in the Capital Improvement Program (Project No. 09 -32), with monies allocated from Regional Measure 1 -2% grants ($575,000) and the Transportation Improvement Fund ($75,000). This project is budgeted at $650,000. There is no impact on the General Fund associated with the project. MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE This action r does not affect the Alameda Municipal Code. EINV IRONIVIEN T AL REV I1Z In accordance with the California Environmental Quality Act (CEQA), this project is Categorically Exempt under the CEQA Guidelines Section 15301(c), Existing Facilities. Honorable Mayor and Members of the city council RECOMMENDATION March 2, 2010 Page 3 of 3 Reject the sole bid and adopt a resolution authorizing open market negotiations of a contract pursuant to Section 3 -15 of the Alameda City Charter for the Alameda Harbor Bay barge replacement project, No. P.W. 06- 09 -19, and authorizing the Interim City Manager to enter into such an agreement (requires four affirmative votes). Respectfully submitted, M Matthew T. Naclerio Public Works Director Approved as to funds and account, Evelyn Leung �v Interim Supervising Accountant MTN :ES:gc CITY OF ALAMEDA RESOLUTION NO. 0 U. 0 0 AUTHORIZING OPEN MARKET NEGOTIATIONS OF A CONTRACT PURSUANT TO SECTION 3-15 OF THE ALAMEDA CITY CHARTER FOR THE ALAMEDA HARBOR BAY BARGE REPLACEMENT PROJECT, NO. P.W. 06-09-19, AND AUTHORIZE THE INTERIM CITY MANAGER TO ENTER INTO SUCH AN AGREEMENT (REQUIRES FOUR AFFIRMATIVE VOTES) WHEREAS, on October 6, 2009, the Cit Council authorized a call for bids for the Alameda Harbor Ba bar replacement project, No. P.W. 06-09 19; and WHEREAS, on November 23, 2009, the bids were opened; one was non-responsive and the other exceeded the En Estimate of $650,000; and WHEREAS, a replacement bar at the Harbor Ba Ferr Terminal is needed to meet the Cit operatin re and WHEREAS, an open market ne is needed to meet the pro deadline; and WHEREAS, Section 3-15 of the Cit Charter provides that the Cit Council, b four affirmative votes, can authorize an open market ne if it determines that g reat necessit or emer re immediate action be taken. NOW, THEREFORE, BE IT RESOLVED b the Cit Council of the Cit of Alameda, pursuant to Section 3-15 of the Cit Charter, and b four affirmative votes, the Interim Cit Mana in cooperation with the Public Works Department, is hereb authorized to enter into open ne of a construction contract for the Alameda Harbor Ba bar replacement pro No. P.W. 06-09-19, and hereb authorized to enter into such an a Resolution #4-E CC 02-16-10 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 15th day of February 2010, by the following vote to grit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 17th day of February 2010. L.ara Weisiger, City Clerk City of Alameda CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City [Manager Date: February 16, 2010 Re: Adopt a Resolution Approving a Revised Memorandum of Understanding Between the Alameda Fire Managers Association and the City of Alameda for the Period of Janua 0, 2008 Through February 27 2010 BACKGROUND The proposed Memorandum of Understanding (MOU) is between the City of Alameda and the Alameda Fire Managers Association (AFMA) for the period of January 6, 2008 through February 27, 2010. DISCUSSION The City of Alameda labor relations representatives have met in Closed Session with the City Council to discuss negotiations with the AFMA. The revised MOU is a result of those negotiations and falls within the parameters authorized by the City Council. In the spirit of effective and responsible negotiation, the membership of the AFMA has approved this agreement, which does not include any wage increases during the twenty -six month term. The MOU does include some minor language modifications, initiates a deferred compensation plan for previously accrued vacation hours, revises the vacation benefit to a pay period accrual method, and modifies the current health benefits through the term of the MOU. The MOU is on file in the City Clerk's office. FINANCIAL IMPACT The cost to the General Fund for implementation of the health and welfare benefit adjustments for FY09 /10 is approximately $400. The funds for this are included in the FY09 /10 Fire Department budget for other employee paid benefits. City Council Report Re: Honorable Mayor and Members of the city council RECOMMENDATION February 16, 2010 Page 2 of 2 Adopt a Resolution approving the revised Memorandum of Understanding between the Alameda Fire Managers Association and the city of Alameda, for the period of January 6 2005 through February 27, 2010. Respectful) submitted, r Karen Willis Human Resources Director Approved as to funds and account, rT L4 Evelyn Leung Interim Supervising Accountant Exhibit: 1. Memorandum of Understanding between the city of Alameda and the Alameda Fire Managers Association On file in the City Clerk's office CITY OF ALAMEDA RESOLUTION NO. APPROVING REVISED MEMORANDUM OF UNDERSTANDING BETWEEN THE ALAMEDA FIRE MANAGERS ASSOCIATION AND THE CITY OF ALAMEDA FOR THE PERIOD COMMENCING JANUARY 8, 2008 AND ENDING FEBRUARY 27, 2010 WN WHEREAS, there has been submitted to this Council a Memorandum of Understanding between the Alameda Fire Managers Association (AFMA) and the City of Alameda; and WHEREAS, the Council of the City of Alameda has full examined said y Memorandum of Understanding, co of which is on file in the proposed g� py Office of the City Clerk, and thereby finds and determines adoption of said documents to be in the best interest of the City. Novo, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda that said Council hereby approves and adopts said revised Memorandum of Understanding. BE IT FURTHER RESOLVED that the provision of this Resolution shall supersede any other resolution in conflict herewith. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 16th day of February, 2010, by the following vote to wit: AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set nay hand and affixed the seal of said City this 17th day of February, 2010. Lara Weisiger, City Clerk City of Alameda Resolution #4 -F GC 02 -16 -10 CITY of ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: February 16, 2010 Re: Adopt a Resolution Approving a Request to the CaIPERS Board of Administration for an Employment Extension per California Government Code Section 21221(h) for the Temporary Employment of Evelyn C. Leuna Evelyn C. Leung was hired by the City as a temporary employee on July 13, 2009 to provide interim support due to the retirement of the incumbent Supervising Aeoountant. Ms Leung is a CaIPERS annuitant who retired from the City of Concord 1n.2008 and as such, is restricted from working for CaIPERS agencies for more than 960 hours per fiscal year. lolls Leung is expected to reach her maximum of 960 hours this fiscal year on or about February 24, 2010. Under California Government Code Section 21221 (h), which governs the. interim employment of CaIPERS retirees by CaIPERS agencies, an agency'.s governing body may present a resolution to the CaIPERS Board requesting to extend the temporary employment. such appointment may not exceed 12 months in total, including the time of the extension. DISCUSSION Finance Department vacancies and difficulties in recruitment efforts to obtain qualified applicants have resulted in a critical need for ongoing management oversight and continuity in the Finance Department. The Controller classification was recently developed to address these needs, and recruitment activities are in .process to. fill the position. It is anticipated that. the selection and appointment process. may. take approximately six to eight weeks to complete; however, transition may n ©t b until the end of the 2009/2010 fiscal year. Consequently, the services of Ms. Leung are needed to provide ongoing management oversight in the Finance Department through at least the end of April, with a possibility of fiscal year 2009120/0 transition support work. This will result in approximately 400 -800 additional work hours. Ms. Leung's City Council Report Re: Agend2 terry ##4-G 2ml6 -10 Honorable Mayor and Members of the city Council February 10, 2010 Page 2 of 2 employment is limited by California Government Code Section 21221(h) to 12 months and as such, may extend no later than July 12, 2010. FINANCIAL IMPACT The cost to the General Fund for this temporary position will range from $20,898 for a 400 hour extension, to $40,791 for an 800 hour extension. The funds for this are included in the Finance Department FY09/10 budget under employment costs. RECOMMENDATION Adopt a Resolution approving a request to the CaIPERS Board of Administration for employment extension per California Government Code section 21221(h) for the temporary employment of Evelyn C. Leung. Respectfully submitted, Karen Willis Human Resources Director Approved as to funds and account, Lisa Goldman Deputy city Manager CITY OF AL.AMEDA RESOLUTION NO. 0 LL 0 APPROVING A REQUEST TO THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM BOARD OF ADMINISTRATION FOR AN EMPLOYMENT EXTENSION REQUEST PER GOVERNMENT CODE SECTION 21221(h) FOR THE TEMPORARY EMPLOYMENT OF EVELYN C. LEUNG WHEREAS, Evelyn C, Leung, (0258) retired from the City of Concord in the position of Lead Accountant, effective May 3, 2008; and WHEREAS, Interim City Manager Ann [Marie Gallant appointed Evelyn C. Leung to the position of Administrative Specialist 11 to provide Interim Accounting Supervision Support under Government Code section 21221(h), a position deemed to be of limited duration and requiring specialized skills, effective July 13, 2009; and, WHEREAS, Evelyn C. Leung is expected to reach her maximum of 900 hours this fiscal year on or about February 24, 2010; and, WHEREAS, due to multiple vacancies in key finance positions and.. ongoing need to oversee and perform critical financial functions involved in the City's interim audit over internal controls in March 2010, the City Charter required quarterly revenues and expenditures report to Council, and the implementation of initial program budgeting cycle; and WHEREAS, Evelyn C. Leung has extensive knowledge and background in municipal financial .operations and essential knowledge of City of Alameda financial accounting systems necessary to oversee and coordinate the interim audit and prepare the quarterly financial report; and she has extensive experience in program budgeting crucial for the successful implementation of program budgeting. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda that the CalPERS Board of Administration be requested to approve an extension in accordance with Government Code section 21221 (h) for the temporary employment of Evelyn C. Leung for 800 additional hours or through July 12, 2010. An appointment made under this section of the subdivision may not exceed a total of 12 months. Resolution #4-G CC oz -16 -10 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 16th day of February, 2010, by the following vote to merit: AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set nay hand and affixed the seal of said City this 17th day of February, 2010. Lara Weisiger, City Clerk City of Alameda CITY OF ALAM E DA Memorandum To: Honorable Mayor and Cou ncil members From: Ann Marie Gallant Interim City Manager Date: February 10, 2010 Re: Adopt a Resolution Authorizing the City Manager to Execute the Grant Contract Between the State of California Department of Boating and Waterways and the Alameda Police Department BACKGROUND The Alameda Police Department has been awarded. a $3,300 grant from the. State of California Department of Boating and Waterways. The terms and conditions of this grant are contained in a contract between. the Department of Boating and waterways and the Alameda Police Department. This grant is made available to qualifying law enforcement agencies for the purpose of purchasing equipment for existing marine patrol units. The Police Department's Harbor Patrol Unit. will use. the grant funds to purchase new and replacement equipment to enhance.th.e delivery of marine..patrol and enforcement services to the maritime community in and .around Alameda waterways. DISCUSSION Through the provision of this grant, the Alameda .Police Department will have the ability to purchase $3,300 in new and replacement. equipment that was not currently appropriated in the FY 2009-10 budget. In order to complete the agreement, the proposed resolution authorizes the City Manager. to execute the contract between the State of California and the Alameda Police Department. A copy of the Equipment and Operation Contract is on file in the City Clerk's office. FINANCIAL IMPACT The terms and conditions of this grant do not include a cost matching provision. Grant funds will be released in a reimbursement program whereby the Alameda Police Department is completely reimbursed for the purchases made .pursuant to the Grant Contract. There is no impact to the General Fund budget. city Council Report Re Agenda Item #4 =H 2-16-10 Honorable Mayor and Members of the city council RECOMMENDATION February 16, 2010 Page 2 of 2 Adopt a Resolution authorizing the City Manager to execute the Grant contract between the state of California Department of Boating and Waterways and the Alameda Police Department. Respectfully submitted, Walter B. Tibbet Chief of Police N V CITY OF ALAMEDA RESOLUTION NO. 0 U. 4a 0 AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE THE GRANT CONTRACT BETWEEN THE STATE OF CALIFORNIA DEPARTMENT OF BOATING AND WATERWAYS AND THE ALAMEDA POLICE DEPARTMENT WHEREAS, the City of Alameda has been awarded grant approval from the State of California Department of Boating and Waterways in the sum of $3,340.00 for the purpose of purchasing equipment for existing marine patrol units; a n d WHEREAS, a contract has been prepared by the Department of Boating and Waterways which requires the signature by a City representative and a resolution by the City Council authorizing the signature; and WHEREAS, the State of California Department of Boating and Waterways is funding the cost of purchasing new and/or replacement equipment to enhance the delivery of marine patrol and enforcement services to the maritime community in and around Alameda waterways with no requirement for local government matching funds. NOVA, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda that the Council authorize the City Manager to execute the Equipment and Operation Contract between the State of California and the City of Alameda. 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 16th day of February, 2016, by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set nay hand and affixed the official seal of the said City this 17th day of February, 2010. Lara Weisiger, City Clerk City of Alameda Resolution #4 -H CC 02-16-10 CITY OF ALAMEDA Memorandum To: Honorable Ma and Members of the Cit Council From: Lara Weisi Cit Clerk Date: Februar 16, 2010 Re: Adopt a Resolution Declarin Canvass of Returns and Results of the ,Special Municipal Election Held on Tuesday, February 2, 2010 BACKGROUND Elections Code Section 10262 re the g overnin g bod of a cit to adopt a resolution to declare the results of an election. DISCUSSION Attached is the Certificate of Election Results and Official Canvass for the Special Municipal Election held on Februar 2, 2010. Measures B failed b a majorit vote. FINANCIAL IMPACT There is no financial impact. RECOMMENDATION Adopt the resolution declarin the results of the Special Municipal Election. Exhibit: 1. Certificate of Election Cit Council Report Re: A Item #4-1 2-16-10 STATE OF CALIFORNIA ss. COUNTY OF ALAMEDA I, DAVE MACDONALD, Registrar of Voters for the County of Alameda, State of California, having canvassed the returns of all votes cast in the City of Alameda at the Consolidated Municipal Election held on Tuesday, February 2, 2010, do hereby certify the following to be a full, true and correct Statement of the Results of all votes cast at said election for and against the following measure: Alameda Point Development Initiative. Measure B: Shall the City Charter Amendment and ordinance proposing General Plan Amendments, Zoning Map and Text Amendment and Development Agreement, regarding development of Alameda Point be adopted? YES 2,361 NO 13, 797 I further certify that the total number of ballots cast in the City of Alameda at said election was 16,236 and attached hereto is a complete statement of the results showing the number of votes cast at each precinct for and against the measure. I hereby set my hand and my official seal this 8' day of February, 2010 at 0akland, California. VE CDONALD Registrar of voters County of Alameda State of California City council Exhibit to Report Fie: Agenda Item #4-1 2- 16 -'1® CITY OF ALAMEDA RESOLUTION NO. 0 IL 0 0 CL 0 C�3 0 DECLARING CANVASS OF RETURNS AND RESULTS OF THE SPECIAL MUNICIPAL ELECTION HELD ON TUESDAY, FEBRUARY 2, 201 g WHEREAS, a consolidated Special Municipal Election, under and pursuant to the provisions of Article XIX of the Charter of said City, was held for the purpose of submitting to the qualified electors of the City of Alameda: Shall the City Charter Amendment, and ordinance proposing General Plan Amendments, Zoning Map and Text Amendment and Development Agreement, regarding development of Alameda Point be adopted? WHEREAS, a notice of the measure, certified by the City Clerk, was duly issued and published in the official newspaper of said City in the manner and time prescribed by law; and WHEREAS, there were 33 election precincts within the City of Alameda fixed and designated; and WHEREAS, all of the ballots used for said election were prepared, as to form and content, as prescribed by law, and a sample ballot was mailed to each voter of the City of Alameda within the time and in the manner provided by law and such mailing was completed at least ten (1q) days preceding the date of said election; and WHEREAS, the officers of election for said election were duly appointed and qualified, and all election supplies furnished and election booths provided for each precinct as provided by law; and WHEREAS, the Council of the City of Alameda, twenty -eight (28) days following said election has met and fully canvassed the returns of the votes cast at said Consolidated General Municipal Election as required by law, and being fully advised in the premises, and having the returns of said canvass before it; NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND DECLARED BY THE COUNCIL OF THE CITY OF ALAMEDA and said Council finds, as follows: (1) That said Consolidated special Municipal Election was held and conducted, and the votes cast thereat received and canvassed, and the returns thereof ascertained, determined and declared in all respects and particulars in the time, form and manner provided by law. Resolution #4_l CC o2 -1 fift10 (2) That the whole number of ballots cast in the City of Alameda at said election was 19,485. (3) That the total number of votes cast in the City of Alameda at said election for the aforesaid Measure B was as follows: Leasure B Yes 2,361 No 13 BE IT FURTHER RESOLVED AND DECLARED that the aforementioned Leasure B, having received a majority of the number of yes votes cast was and is declared passed. BE IT FURTHER RESOLVED AND DECLARED that the aforementioned Leasure B, not having received a majority of the number of yes votes cast was and is declared failed. 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 16 day of February, 2010, by the following vote to merit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said city this 17 th day of February, 2010. Lara Weisiger, City Clerk City of Alameda CITY OF ALAMEDA RESOLUTION NO. APPOINTING BILL DELANEY AS A MEMBER OF THE CITY RECREATION AND PARK COMMISSION X 0 4-A 0 ai 0 BE IT RESOLVED b the Council of the Cit of Alameda that pursuant to Section 2-7.1 of the Alameda Municipal Code, and upon nomination of the Ma BILL DELANEY is hereb appointed to the office of member of the Recreation and Park Commission of the Cit of Alameda, to fill the unexpired term of Jo Kahuanui, commencin Februar 16, 2010, and expirin on September 30, 2010. 1, the undersi hereb certif that the fore Resolution was dul and re adopted and passed b the Council of the Cit of Alameda in re meetin assembled on the 16th da of Februar 2010 b the followin vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set m hand and affixed the official seal of said Cit this 17'th da of Februar 2010. Lara Weisi Cit Clerk Cit of Alameda Resolution #6-A 02-16-10 CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City council From: Ann Marie Gallant Interim City Manager Date: February 10, 2010 Re: Accept the Report of the Economic Development Commission's Business Attraction Subcommittee BACKGROUND The Economic Development Commission (EDC) created the Business Attraction Subcommittee in March. 2009 to "help formulate. a set of recommendations. for recruiting new businesses .to Alameda." The subcommittee was charged .to report back to. the EDC with a series of lour -cost or no -cost recommendations within three to four months. DISCUSSION The EDC, at its October 15, 2009 Regular Fleeting, endorsed the report and referred it to the City council, with the additional recommendation that the City should be promoting customer service to attract new .business and that on -line customer service should be a part of this effort. The report was subsequently revised. to. reflect these changes. The report contains ten recommendations to help attract businesses..to Alameda. The subcommittee based its report on private conversations within the local business community; a literature. review of best practices in attracting businesses .for economic development; and an on-line. survey of .Alameda business owners and representatives conducted by the I =DC's. Business. Retention Subcommittee (presented. to the City Council September 15, 2009). This short, anonymous survey, completed by.. 123 respondents, was intended. to identify how the City may best serve the .local business community during the current economic recession. Next Step. with the City Council's acceptance of the report, the Economic Development Department (EDD) will implement the recommendations that do not require financial resource commitments beyond the existing FY09 0. budget. On -line customer service options and website upgrades will require coordination with a planned City -wide website update. City Council Agenda item ##6 -B 2-16-10 Honorable Ma and Februar 16, 2010 Members of the Cit Council Pa 2 of 2 FINANCIAL IMPACT There is no financial impact from the EDC's. Business Attraction. Subcommittee Report. Ade res were bud for the subco s public en process. The recommendations contained in the report are .intended to be no -cost or low-cost approaches. MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE The Alameda Municipal Code 2-14.1 created the Economic Development Commission with the stated purpose, "t provide plannin and leade in the area of economic development, redevelopment, and commercial revitalization in Alameda; to -enhance polic advice to. Council; and. to encoura g reater inte coordination and cooperation for economic development." I V 99001 Iffil 102 1 DES:EF:ry Exhibit: 1. EDC Business Attraction Subcommittee Report Clety of A.1ameda Busi Att o ''D Ec onoml c Development C E 10 Ste ps to Recrui 1 Alameda October 20 20 Submitted by the Business Attraction Subcommittee Donna Milgram, Chair Jessica Lindsey Horst Breuer Alan City� Counci Exhibit to Agenda Item ##6 .mB 2=16m,10 IN I. Executive Summary as..■■. a• s. a. as.• s.. ■aa•a■•...•s...■s.•a.■a..•.. aaa.. r. s■ s..sa....a.aas.s.s..........r.a 1 II. Review of the Literature /Community Input /Cost Estimate ...............a....a......... l III. Key Fin din g s a..•.... a....•■..•.. aaaa. a• a• a•■..■. •saaa.a..•s•a.•............a.•. aaa•■ ■.s...a......ra..........aaaa.r l IV. Re c o m et en d ati o n s ...a..s... aaa■•... a...•■...■• •.....a.rs.aa...s......s....a.• aaaaa. .s....a.......ar.as.sr......... 4 Appendix A: Bibliography of ]Key Literature a.. a.... a. a... a..... a.. .......a.aa......a......a..aa.. 6 Appendix B: Website Content Development Cost Estimate ............aa...............a. 8 I. Executive Summary The Economic Development Commission (EDC) created the Business Attraction Subcommittee in March 2009 to help "attract businesses to Alameda that could provide significant tax revenue and jobs for the city." The Subcommittee was charged to report back to the ED C with a series of recommendations within six months II. Review of the Literature /Community Input /Cost Estimate The subcommittee hired a professional librarian to review. the literature on best practices in attracting businesses for economic development to a small city approximately the .size of Alameda. Eight articles in industry journals. were identified. on business attraction. and one website. An anonymous survey of 123 business representatives, conducted by the EDC Business Retention. Subcommittee. also influenced this report, aloe -ig with remarks by business owners during community fonims. A presentation by the East Bay Economic Development Alliance and interviews. with City. Economic D eveloprnelt staff informed this report. Finally, a cost estimate. for developing 'the. co n of an economic development website designed to attract businesses. was procured from a local technical writer in Alameda who has experience in economic development web writing for. the City of Oakland and as a volunteer far the west Alameda Business Association. III. I -ey Findings Current Business Attraction Practices Cihy of haineda The subcommittee found that the .City of Alameda depends. on the East :Bay Econom.1c Development Alliance, local commercial brokers, and developers to attract businesses to Alameda. Limited proactive recruitment of businesses to .Alameda is conducted .directly by City staff and there is not a targeted list of industries /types of businesses to proactively contact. The Economic Development section of the City's website was created as a vehicle to inform the cornrnunity. about basic demographics, projects, and services related to the City's housing, redevelopment, and planning and community services activities. It lacks elements considered customary to attract businesses. Proactive recruitment of businesses is done outside of 1 ie Bay. Area only in conjunction with the. East Bay Economic Development Alliance at industry trade shows. Literature Review The current literature on business attraction indicates that a robust website for economic development is considered a necessity for business attraction in today's online world.. "Vlore and more the early phases of a site search occur online, where well organized data can turn a small site into a big star." "The biggest change that has occurred in the last 15 years or so is that so .much more work is being done using information available through the electronic media. A lot of work is being done by site selection frets before a local economic development group is even aware they are under consideration." (Site Searching on the Web, March 2003). "Disruptive technologies such as the Internet have quickly changed the data.that people can access and how they get their information. This shift is dramatically impacting many industries, including economic development. "As a result, many traditional industries have had to adapt because business as usual could spell their ruin. Economic development organizations (EDOs) are not immune from this information transformation and are figuring out how to compete in a dynannic business environment. EDOs that get in early to use new technologies for .their world and capitalize on. the opportunities that new information communication makes possible can create a competitive advantage. Alternatively, those that ignore. new teclu- iology and data opportunities will have to play catch -up, or potentially become irrelevant. If companies can't get the information they want f om .economic developers, they. will simply bypass EDOs to find data from alternative sources, which are more accessible than ever." "Economic developers who resist sharing in form ati on need to reconsider their. strategy because their competition is already adapting. They freely. g ive. detailed infor and provide Internet tools so that businesses can analyze the benefits of their area. Their tools include Web sites with searchable databases of. sites and buildings, site specific demographic. analysis reports, business lists mapped by industry, and interactive mapping tools to identify the best business locations. EDOs that provide these resources are getting called for more infor nation.." (Economic Development "Dinosaurs" vs. Fast Internet Information, Economic Development America, Spring 2007). "Our research has shown that 80% of the initial site selection process. is now being .done on the internet. Therefore, allocating significant resources to your economic' development website is essential .in today's competitive marketplace. This dramatic shift has lead to a significantly compressed site selection process." David T. Ginn, President CEO, Charleston Regional Development Alliance. www. economicdevelopmentonline. com) Coinniunity Input The survey of 123 Alameda business representatives conducted by the Business Retention Subcommittee suggested the following recommendations about the City's website in the Subcommittee's report: 2 1. Review and bring up to date the City website pages that appear under the heading "Doing Business in Alameda." Delete or revise dated marketing material and catch phrases. 2. Provide link s to current demographic data, such as the 2007 American Conimunity Survey estimates from the U.S. Census Bureau. 3. Provide links to explain City requirements and processes. 4. on the "Starting A Business" and "Business Resources" pages, highlight links to (a) the Small Business Development Center (SBDQ in Oakland that has numerous classes, consultants and other resources such as free assistance in certifications or updating business plans, and (b) the. East Bay Economic Development Alliance, which has a wide array of helpful data not available on the City's site. 5. Allow the business associations to revise the sections about the benefit of their associations to businesses and to describe the information and resources available on their websites (such as their own newsletters). C. Reference and provide links for benefits for existing businesses, such as the facade grant program, enrollment at schools, and Alameda Municipal Power's commercial programs. (Business Retention Subcommittee Report, July 16, 2009). Community forums were also held by the Business Retention subcommittee and at one such forum, the owner of Svendsen's Boat works recommended the City recruit complementary maritime businesses to Alameda. East Bay Economic Development Alliance The Executive Director of East Bay Economic Development Alliance made a presentation to the EDC in spring 2009, in which he indicated that the first level screening of developers is now done almost exclusively via a community's website. Alameda Business Climate The survey of Alameda business owners conducted by the Business Retention Subcommittee found 24 of the 123 respondents recommending that the City can do much more to facilitate and nurture businesses. This perception. of Alameda demonstrates a need to build and implement business friendly strategies throughout City departments to respond to the needs of the business community. 3 IV. Recommendations Proactive direct recruitment of businesses by the City of Alameda nationally using low -cost web strategies. 1. Alameda should recruit businesses nationally via a low -cost web strategy targeting specific types of businesses /industries that have high potential. Target businesses and industries for proactive recruitment. 2. Target maritime businesses for proactive recruitment taking advantage of Alameda's natural resource advantage of being an island. Identify vacant space or property available for further development of maritime uses. Aire a consultant to assist the Economic Development :Department to identify those businesses /industries to target for economic development that would be a good fit for Alameda. Develop the economic development portion of the City website to include the standard information in the economic development online template. 4. Develop a web site with detailed economic development information for the city that includes space available in real tune, as well as the other types of key information described in the economic development online template website http://www.econom by Economic Development online. Develop a proactive online recruitment strategy that targets businesses. identified in strategies two and three. 5. Develop an e- newsletter that notifies developers /.businesses of new Large .space available, any changes to City incentives or access to special capital /loans. Have a sign -up on website for this newsletter. 6. Proactively email CEO's of targeted industries from strategies two. and three nationally and internationally for. business recruitment. Create a list. and email theirs quarterly. Create an email template letter that could be customized. 7. Implement online marketing strategies to promote and optimize the. Alameda Economic Development website in search. engines. Use a free. metrics program such as Google Analytics to measure if Search Engine. Optimization strategies are working. Seek local volunteers or a contractor to carry this out. Create an enhanced business friendly environment in Alameda for new and existing businesses. S. Enhance customer service for new and existing businesses by providing leadership of a unified plan of change across Departments to create a customer service- friendly business environment in the City. 9. Launch an online campaign that sends a clear message that the City of Alameda has a strong customer service orientation via its revamped economic development website section and e- newsletter. 10. Enhance customer service for new and existing business owners by providing online customer service through the improved economic development website. Forn for licensing and permits should be available to download and submit via the website and questions should be answered both via emai. wi b. a 24 -hour response time and real -time chat. Appendix A: Bibliography of Key Literature LJbalde, Anatalio. "Economic Developer Dinosaurs Vs. Fast Internet Information" MCP in Econotiiic Development America Spring 2007: 23 -25. Using websites and web -based tools to provide infoznlation about your community to prospective businesses. Economic Development Dinosaurs.pdf (See. also the entire Spring 2007 issue of this publication, subtitled "The Power of Infonnation: Using Data to Create and Refrie Your Economic Development Strategy." Economic Development AmericaSpring2007.pdf) I<-izner, Ken. "The Intenet Transforms the Site Location Process Expansion Management (Nov. 2004) Vol. 19 Issue 11:8 -12, 5. Discusses how the Internet helps expanding or relocating companies gather information about site location. Importance of gathering pertinent information in the site selection process; Companies' use. of a combination of sources to identify potential. communities; Likelihood that companies won't contact potential communities until they are ready for the site visits; Changes in the control of information Internet Transforms Site Location Process.pdf Schmid, Jol 1. "Milwaukee 7 to make Splashy web Debut." Milwaukee Journal Sentinel Nov. 26, 2006. An example of a city launching a new website to attract businesses. Milwaukee 7 to make Splashy Web Debut.pdf "Relocate here! An Economic Development GIS recruits new businesses:. in. 2004 the Charlotte, N.C., Chamber of Commerce and Mecklenburg County's GIS department formed a publicfpnvate partnership to develop the Economic Development GIS web site." GEO World 20 (1). Jan. 2007.:.24. The systern's primary focus is to provide businesses from other areas with geographic analysis tools for quality site selection and area- analysis decision making. The goal is to provide prospective businesses with more and better information than what's typically. avai lab e. Although not its primary focus, local businesses, contractors and developers also use the application for business development research. Relocate Mere an Economic Development GIS.pdf Bastian, Lisa A. "web Surfing for Great Locations." Area Development Site and Facilit Plaimin 41 (3) June /July 2006: 20, 4. Advises communities to put out "solid, referenced. data" to establish legitimacy, and potentially attract a site visit. Web Surfing for Great Locations.pdf Garnbale, Geraldine. "23rd Annual Corporate Survey and 5th Annual Consultants Survey." Area Development Site and Facility Planning Easton: 43 (7) Dec. 2008 /Jan. 2009:S1 30. Many survey questions, including "what Are the Consultants' Sources of Information?" Three-quarters of the respondents to our 2008 Consultants Survey said they obtain their site selection information front the internet. h nportantly, nearly 60 percent also use site magazines like Area Development, more than double the percentage reading general business publications for this type of information 23 Annual Corporate Survey.pdf 6 Perry, Phillip M. "Retooled websites Help Ease the Location Search.' Area Development Site and Facility Planning :Easton: 42 (3) Jun. /Jul. 2007:24, 3. GIS has become more prominent as it has become more cost effective. "while G IS at one time was very expensive, today it's maybe a tenth of the cost of a decade ago," says Canup] "And the software is more user friendly." A process that once required the creation of mathematical formulas has become a matter of point and click. "The more user friendly it gets and the lower the price, the more often it is used," he adds. Retooled wehsites.pdf Stacldzouse, Steve. "Site searching on the web." Area Development Site and. Facilit PlauziMly Easton: 38 (3) Mar. 2003: 30, 6. "The best economic development. sites .are those that provide the most content, offer the most opportunities to get something done, and do so with style," says Mardee Alvaro, editor of MuniNet Guide Review, a web portal that carries articles and reviews focusing on government websites (see graph at left for the best economic development sites, based on MuniNet research). Site Searching on the Weib.pdf Economic Development Online. 2009. 6 Oct. 2009. <www. economicdevelopmentonline. comma. 7 Appendix 13: Website Content Development Cost Estimate April 3, 2009 Donna Milgram, Commissioner Economic Development Commission City of Alameda 2253 Santa Clara Avenue Alameda, CA 94501 Dear Donna, Please find attached my proposal for writing the content for the city. of .Alameda's economic development website. As you suggested, I based my proposal on a recommended site template from the. Economic Development online website at http://www.economicdevelopmentonline.com/content.htm. The projected pricing in the attached proposal. reflects what I know .about your needs. to date. Please keep in mind .that final pricing gill be. dependent on the .set of variables I've outlined in the proposal. If you decide to move forward we can further clarify your requirements at that time. Thank you for the opportunity to offer a proposal for this exciting project. Please let me know if you have any questions. I look forward to hearing from you soon. Sincerely, Christine Buck Attachment: Proposal -t April 3, 2009 To: Donna Milgram, Commissioner Economic Development Commission City of Alameda 2263 Santa Clara Avenue Alameda, CA 94501 From: Christine Buck Re: Proposal, copywriting for Economic Development Commission website Project type: Prepare written content for Economic Development Commission website, a sub- section of City of Alameda website Scope of Work: This proposal describes the project scope of work and. deliverable work products, based on content recommended in a template provided by the website of Economic Development online. The estimate provided will .require refinement once more is known about the project. Variables to be considered at that time include: Number of pages Number of interviews required Amount of additional research involved (if any) Amount of fresh writing vs. editing existing .materials Approach to content: informational pages may require longer content, while marketing focused pages require shorter crisper pages 0 Review process: how .many people are involved, and how is feedback funneled to writer whether you require project management services in addition to the whiting I've prepared this proposal based on the steps involved in a typical website development project, and have provided a range of costs based on the following typical requirements for a 13 -page site. P. ected Re uirernents. j q 1. Discuss and define project goals and timeline with designated representatives of EDC 2. Determine which sections of template require fresh copy (vs. linking to existing content on City of Alameda. site) 3. Determine subject matter experts (SME) source for each content category 4. Interview SME from EDC or other city office to gather raw material for content 5. Research other information as needed 6. Prepare first draft copy of web page content for approximately 13 web pages (based on Economic Development online template) (continued on page 2) [may] Page content may include EDC Commissioner list and contact information Demographics Community Profile Business Assistance and Incentives Starting a Business Small Business Information Employee Training Programs New Business Developments Planned Economic Development Target Industries Naps FAQ Links to appropriate organizations 7. Incorporate edits as required (up to two rounds) 8. Proofread content once it is :placed into web format 9. Project management services (optional) Estimated Price Mange. $3870 to $5850 (depending on variables described above) Change orders. Requests to modify the scope of work must be made in writing. Expenses that are outside the scope may be authorized by phone in order to allow work to. progress. Project Delays. If for any reason this project halts for more than 30. to client inaction, Christine Buck Communications reserves the right to collect a progress payment representing full charges for all services. performed to date. Project cancellation. If you cancel the project without. reasonable cause, you agree to pay the balance due on services rendered to date. Payment Terns. For your convenience, two methods of invoicing are available. Please check your preferred option below. Option A: Receive .invoice .in two installments. 50% of the total project fees .is payable to initiate project. The remaining balance is invoiced upon project completion or 30 days from project start date (whichever comes first) and is payable net 15 days. work for this project begins upon receipt of the initial deposit check. Option B: Receive single invoice now. 100% of the total project fees amount is invoiced now, payable in 30 days. Please sign below to indicate acceptance of the project scope and terms outlined above. If option A selected above, please submit deposit to the address below to initiate project. Name Company Name Date Thank you for the opportunity to bid on your project. 0 CITY OF ALAM E 7A Memorandum To: Honorable Mayor and Members of the city council From: Ann Marie Gallant I nterim city Manager Date: February 10, 2010 Re: Adopt the City of Alameda's Update of the faster Street Tree Plan gww �ow The city of Alameda has over 15,000 street trees. There are over 140 different species and the trees are at different stages of maturity. They are a major part of Alameda's heritage and define much of its character. In 1989, Thomas. J. Pehrson of Urban Forestry consultants was commissioned to conduct the first citywide street tree inventory and analysis. The resulting Master Tree Plan helped guide the revitalization of Alameda's street population for almost tiro .decades. On October 17, 2007, the city Council approved. a consultant contract with. Tanaka Design to update the. Master Street Tree Plan (MSTP) and conduct a street tree inventory. Seven public meetings addressing the specific site conditions throughout the city were held to solicit input from the community. Power Point presentations. for those seven meetings. are on the City's Public Works Department web page. On Septerriber 28, 2009, the Public. vllorks Department presented .the. proposed MSTP to the Planning Board (PB). The PB and residents made recommendations. for modifications to the MSTP. After meeting with residents, staff made revisions to the MSTP and presented these to the PB on November 9, 2009. DISCUSSION The MSTP is a community based muster plan document covering all topics concerning the street trees of Alameda. The :.MSTP provides detailed information about the status of the city's street.trees and guidelines for their maintenance and expansion. This MSTP is broken into .t wo volumes. Volume 1 is a planning tool intended for use by business owners, residents, builders, utility companies, the City Cou ncil, the City's Planning Board, and .City staff. Volume 2 focuses on implementation and n�aintenence. Both volumes are available at the Main Library and are on file in the City Clerk's office. The results of the updated citywide tree inventory are tabulated in Volume 1, Appendix 2 and 3. The updated tree inventory uses a Geographical Information System .(G.IS)- based system that lists street trees by their own unique identification number, species, size, and health condition. The first non computerized tree inventory was completed in City Counci Agenda item ##6 *C gal 6-10 Honorable Mayor and February 16, 2010 Members of the City Council Page 2 of 5 1989. Since updating the inventory is labor intensive, it was not. continually updated as work was done on Alameda's tree population. Therefore, staff recommends .that the new digital inventory be continually maintained and included as a layer on the City's existing GIS maps as a means of managing this valuable resource. The tree species recommended in the MSTP are. based on site performance, visual aesthetics, and long -term maintenance.. The tree matrix, at the. end of the plan, provides a tool for selecting the best. species for different site .conditions within Alameda. Native plants were evaluated when considering the.tree matrix, y but because the do not do as well in urban environments as they do in undisturbed areas, they were not included in the final matrix. Bay friendly landscape. guidelines were referenced durin the preparation of the matrix, which includes drought tolerant species. Constraints evaluated when identifying tree. species to. be listed in the matrix. include soil, sunli ht, g.. wind, water table, and the size of landscape planting area, with. emphasis. on. the capability to maximize photosynthetic activities and sequester carbon dioxide. Some trees that were in the previous IVISTP have been: recommended. for removal, such. as the Liquidambar. The changes from the previous NSTP are included. in the table below. Nelighborhood or Major Street Changes Wh Entire City Eliminate High mai ntenance post. Liquidarnbar High risk of limb failure. Aggressive root system that destroys pavement, driveways, sidewalks, and house foundations. Deposits large quantities.of -large seed pods. East End and Eliminate Ginkgo in East. end. area dom inated by Ginkgo. North Side East Selected Locations Deduce risk associated with monocultures. Destroys pavement, .driveways, and sidewalk where. planter stri is less than fine feet. Broadway, High Discontinue Planting. Beetle.borer threat. Street, Encinal Fraxinus velutina Qonflict.w.ith overhead .power lines. Avenue, and `Modesto Ash' Planting. strip too narrow to accommodate Mecartney Road large street tree. Grand Street Eliminate Norway Qoes.:not perform well in the fillsoil with high Maple water tables :due to invasive roots. Bayview Plant Magnolia High number of large. planting strips with Neighborhood Grandiflora areas seven feet wide. In addition to species selection, proposed future. planting patterns ere. recommended. Pairs, pyramidal height, and alternate species patterns are proposed to give a more diverse canopy structure and species mix along city streets. These patterns are to be Honorable Mayor and February 16, 2010 Members of the city council Page 3 of 5 implemented as the trees die and are removed due to infrastructure impacts or longevity concerns. To address tree removal, a process has been included in the MSTP document. If there are concerns with the removal of a tree, an appeal process guides the decision making. Per Exhibit 1 entitled "Tree Removal Policy the process has been modified to alloy for more flexibility in the selection of a mitigation measure and tree removal analysis. The MSTP goals, such as increasing the tree canopy, accommodating tree growth, and providing native habitat for wildlife, must be balanced with .other goals such as improving public safety and facilitating transportation. Nationally based studies repeatedly support the fact that urban tree resou rces deteriorate when human intervention is not a proactive part of urban street trees' existence. This .decline can be seen in many of Alameda's street tree corridors where it is. evident .that trees have been planted in places that either do not allow for growth :or that conflict with sidewalks and power lines. Proactive management and utilization of planting guidelines is needed to keep the city trees sustainable and in balance with other urban priorities. The MSTP provides maintenance guidelines for.. mature and young trees. Detailed direction is provided for the following activities: branch pruning, root pruning, utility clearances, watering, and other maintenance activities .that would encourage good early development resulting in minimization of. mature tree maintenance... Mature tree care, such as pruning and inspection for insect or fungal infection, is also important in that it can prevent problems before they become too. serious. Resources to fund .tree care are often limited. The Tree Ma nagement .Panning table is a tool that allows the budget to identify maintenance levels of service (LOS).given different levels of available. funding. The. city may choose to have a higher. LOS.. for high -risk tree .abatement rather than mature or young tree care whe.n ava la.b.le. funding is lour. The MSTP recommends, if staffing resources are available, establishing a street tree trust fund with potential sources of revenue. such as neighborhood cost sharing, damage compensation, assessment districts, public /private partnerships, and an adopt a -tree program. The PB also encourages the development of a community outreach and education program. The PB's recommendations include: Tree planting should equal or exceed tree removals as funding allows; however, tree removals for health and safety reasons will not be deferred if this goal cannot be met. a As funding becomes available, add an arborist position in Public works. Honorable Mayor and Members of the city council February 16, 2010 Page 4 of 5 0 Direct private developers to consider the MSTP as a guideline on private streets. Update the tree matrix as the experimental trees are evaluated, then present to the Planning Board every three to five years. In volume 1 the "Preferred Distances between city Infrastructure and Trees" table, is not a recommendation to remove existing trees to comply with the distances, but are to be applied when trees are replaced (see Exhibit 2). Posting should be required for major construction where a whole roar of trees is to be removed. As funding becomes available, fund a pruning study. As funding becomes available, fund staff in Public Works to coordinate a volunteer program. After the November 9, 2009, PB meeting, staff met. with residents and prepared the following exhibits as proposed revisions to the MSTP: Tree Removal Policy, Preferred Distance Table, Proposed ..Map of Select Species Planter-Strip Widths, and hest Protection Appendix. The PB recommend.ed the MSTP guidelines apply to all streets in Alameda, including Alameda Point future development end City parks. with clear direction on species selection, removal policies, funding options, and maintenance requirements, the city's tree resources can be managed effectively. FINANCIAL IMPACT There is no financial impact from adopting the Master Street Tree Plan. MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE This action does not affect the M code. ENVIRONMENTAL REVIEW Pursuant to CEQA Guideline 15308, Action by Regulatory Agencies for protection of the Environment, Adoption of the Master Street Plan is categorically exempt. The plan assures the maintenance, restoration, and enhancement of a natural resource. Honorable Mayor and Members of the city council RECOMMENDATION Adopt the city of Alameda's update of the IVISTP. Respectfully submitted, Matthew T. Naclerio Public Works Director mamme Exhibits 1. Tree Removal Policy 2. Preferred Distance Table 3. Proposed Map of Select species Planter strip Widths 4. Nest Protection Appendix February 16, 2010 Page 5 of 5 Tree Removal Policy A. General Tree Removal Policy Although tree removal is a last resort alternative, there are circumstances when it is necessary. An arborist can help decide whether or not a tree should be removed. The City will remove street trees that are: dead; diseased; structurally unsafe, a declared public nuisance; and trees in conflict with construction design when in consultation with an arborist it is determined that there is no reasonable option available to retain the tree. In other cases, where application is made to remove a healthy tree, consideration will be based on the guidelines included in this policy. Tree removal within the public Right of -Way for private projects will be included in the planning design review process for the project. Tree removal is permissible only after all practical and reasonable alternatives have been considered. There are three types of tree removal: those that do not require public posting as listed above, exempt tree removal and those that require public notice. B. Immediate Tree Removal -Not Posted Trees that will not receive public noticing or posting include the following: a. The tree is dead, a structural hazard in danger of falling, or presents an imminent threat to public safety as determined by a certified arborist. b. The removal is required to allow for the construction of public improvements when in consultation with an arborist, it is determined that there is no practical and or reasonable alternative available to retain the trees). c. The tree is determined by a certified Arborist to be infected with a rapidly spreading pathogen, such as Dutch Elm disease, that poses an immediate hazard to other trees. A. Exempt Tree Removal Btreetscape and other projects that have already received public input and city council approval for tree removal will be exempt from posting. B. Posted Tree Removal Prior to the removal of any tree, except as listed in section B and C, the City will post a public notice, allowing anyone to protest the removal of the tree. In addition, the city will notify adjacent property owners and post a notice on the city's web page. If a protest is filed, a public meeting will be held as discussed in section E2. Any person aggrieved by the final decision of the Public works Director may pay the applicable appeal fee and appeal to the city clerk within two weeks of the Director's decision. No more than 5% of the street trees in any given block face will be removed per year unless a greater percentage is approved by the City council. Removal is proposed when the Public Works Director determines any of the conflicts listed below cannot be remedied. City council Exhibit I to Page 1 of S Agenda Item #6 -c 2 -16 -10 1 site modifications to be evaluated to resolve conflicts before tree removal is considered A. Modify private construction B. Root pruning /shaving C. Curb modification that provides for adequate drainage for entire block D. Reduce sidewalk width near trees yet maintain ADA requirements B. Meander sidewalk F. Ramp sidewalk G. Reduce curb width H. curb breaks 1. New technology to be evaluated as it develops 2. Types of conflicts A. The tree is causing damage to private or public infrastructure that cannot be mitigated by practical and reasonable options as determined by an arborist. B. The tree is causing persistent sidewalk and ADA safety concerns and cannot be mitigated by practical and reasonable options as determined by an arborist. C. The tree has a disease other than in B3 above. D. The implementation of a tree phasing plan is needed to replace existing trees with more suitable species. Phase tree removal will occur only after a good faith effort is made to adhere to the maximum yearly tree removal percentage noted above. A comprehensive tree removal and proactive replanting plan shall be prepared and approved by city council for phased removal. Example of conditions that would justify a phased removal plan include: a cluster of dead or dying trees as a result of a pathogen, or segments of excessive and or frequent tree related infrastructure damage that would require a whole row of trees to be removed. F. The tree is in conflict with a private improvement plan. All applications to the Planning Department for private improvements that impact the public Right -of -Way must include existing conditions within the public Right -of -Way on the submitted drawings. This includes trees, utility boxes, streetlight and other structures in the public Right -of- Way. A street tree removal request must be identified on the planning permit application, which will require notification and removal approval as detailed in this policy prior to the planning permit being processed. 3. Tools that may be used to evaluate trees posted for removal. A. variables to be evaluated as part of tree removal decision. 1. Biological impacts of tree removal (see volume 1, Appendix 4 "Protection of Important Testing Habitat") 2. Tree species characteristic a. Climate adaptability b. Growth characteristic Page 2 of 5 C. Soil adaptability d. Resistance or tolerance to insects, diseases and other environmental conditions e. Tree is a rare or unusual species f. Tree is an especially good example of its type 3. condition of target tree's roots, branches, trunk, foliage a. Structural Integrity b. Tree general health 4. The tree's potential to reach mature height a. Trees reach an economic and aesthetic height at maturity. Each tree species has a different optimal tree height and age. Site condition can enhance or reduce height potential. b. The target tree is one of a limited number of large trees within the impact area. An impact area is defined as a distance equal to double the height of mature species. 5. The tree species is uniquely suited to the site or the optimal value is decreased at specific Site. a. Urban Habitat /Urban forest b. Environmental tolerance c. Land value d. Number of trees within the "tree impact area" 8. Value of tree as compared to cost to repair private and public damage by tree 7. Liability associated with tree. 8. compliance with regulatory requirements, such as ADA g. Value of tree as compared to future maintenance cost. A value analysis may be provided by an arborist on trees where the site cannot be modified and further analysis of the tree's impact is needed. B. The model upon which the value analysis was developed is "A Guide for Plant Appraisals published by the International Society of Arboriculture. A similar document may be used as the basis for value analysis. The variables listed above are to be considered when conducting the value analysis. C. NOTIFICATION, PROTEST, APPEAL, REMOVAL, AND REPLACEMENT PROCEDURES 1 Notification Procedure The Public Works Department shall not remove any street tree listed above in Section D, without first: Page 3 of 5 A. Posting said tree with a conspicuous notice, and B. [notifying in writing the adjacent property owner and C. Posting on the City's web page The notice and letter must be dated three weeks before any action is taken. The notice and letter must contain the reason for the removal. A copy of this policy, which describes the protest and appeal procedure, will be available upon request and on the City's web page. 2. Protest Procedure Any resident or property owner can protest the removal of a street tree by writing to the Public Works Director no later than three weeks from the date of posting. In the event of a protest: a. The Public Works Director shall stop any removal action and reconsider the removal decision. b. If the Public works Director and the citizen lodging the protest cannot reach an agreement, a public hearing date will be identified within two weeks. All concerned parties can attend this hearing and present evidence or testimony. c. After the meeting, the Director shall notify all concerned parties of his decision, in writing, within approximately two weeks after the hearing, 3. Appeal Procedure Any resident or property owner can appeal the decision of the Public works Director by writing to the Public Works Director or city clerk, c/o city ball. All appeals go before the City council. There is an appeal fee, which is listed in the Master Fee Schedule. 4. Removal Procedure a. If there is an appeal, the tree shall not be removed until the city Council has made the final decision. All Council decisions are final and not open to further appeal. b. Any tree that is removed shall be replanted with a suitable replacement, provided the new site is in accordance with MSTP spacing criteria. If the tree site is not suitable, the nearest suitable site that complies with Appendix 3 "Preferred Distances Between city Infrastructure and Replacement trees" will be used. Page 4 of 5 D. Protected Tree Removal Policy No protected tree within the Public Right of Way shall be removed without a certificate of approval from the Historical Advisory Board. Protected trees shall include: the Palm trees in the public right of way on Burbank Street and Portola Avenue; any street tree on Thompson and Central Avenues; and any coastal Live oak (Quercus ag►rifolia) with a ten inch or greater diameter measured 4.5 feet above the ground. Applicants shall submit an arborist's report in a case where the health of the tree is the reason for the requested removal of the tree, or a contractor's report in a case where damage to foundation or other structure is the reason for the requested removal. Any protected street tree shall be replaced, at the applicant's expense, except those shown to be unhealthy or causing damage to private structures, to the satisfaction of the Public Works Director. Any oak tree shall be replaced with a minimum of two oak trees at sites in accordance With MSTP spacing criteria, 15 gallons or larger and to the satisfaction of the Planning and Building Director. (Alameda Municipal Code Sections 13 -21.7) C. Replacement Procedure a. In general, trees removed for cause shall be replaced within 60 to 90 days with the same or approved species, in containers no smaller than 15 gallons. b. Tree species will be selected so that curb or sidewalk damage will be minimized. c. The property owner will be notified that a new tree will be planted and that they will be responsible to water the tree. d. The standard procedure is to install a special perforated pipe next to the new plantings, where soil conditions warrant, in accordance with tree planting guidelines. Page 5 of 5 APPENDIX 3 PREFERRED DISTANCES BETWEEN CITY INFRASTRUCTURE AND REPLACEMENT 'TREES ITEM PREFERRED DISTANCE Street Intersection 20 feet from intersection of curb. Street Light 12 feet from the pole. Traffic Signal 25 feet clear radius from actual traffic signal. Major Traffic Sign 15 feet from the front face of the sign PLUS all trees must maintain visibility of signs. Street Sign No closer than 5 feet behind or 10 feet in front of any street signs PLUS all trees must maintain visibility of signs. Line Power Pole 10 feet from the pole. Driveways 10 feet from the edge of the driveway. (3' min from outer edge of mature tree) Handicap Ramps 10 feet from ramp. Fire Hydrant, 8 feet from hydrant. (6 min from outer edge of mature tree) Storm water Inlet 10 feet from edge of inlet. (5' min from outer edge of mature tree) Marled water, Gas, Electric, Telephone Main Lines 5 feet from lines. Storm and Sanitary Sewer Service Branches 5 feet from service branch. Water, Telephone, and Electrical Service Lines 5 feet from lines. (T nzin from outer edge of mature tree) Major Underground Service Junction 6 feet from edge of junction box. Drainage ditches No trees planted within drainage ditches unless there is no diversion of flow. Bus Stops No trees planted along the length of bus zone. Pedestrian Crossing 20 feet from the approach side of the crossing. Parking Meters 4 feet in front of meter, near rear wheel space. Notes 1 Tree is to be centered between curb and sidewalk and for sidewalks greater than 4 feet wide, at least 2 feet from club line unless designated otherwise by City Staff. 2. No tree is to be planted between culvert opening and intersection. 3. Application of these standards are to apply in most cases with a goal of providing one tree naininzum per property and at least one tree for every 40' of frontage. On corner lots, this rule applies to both sides. 4. No tree will be planted that conflicts with bus access along the length of the bus zone unless no conflict is determined between tree canopy and bus stop in consultation with AC transit 5. Street signs include signs with the street name and all maintenance related information such as street sweeping. 6. If visibility is lacking for existing signs, the tree distance to the signs may be a nonunal distance to provide better visibility but never less than any regulatory distance. In general the preferred distance is to be used but the minimum distance may be applied where there are other unavoidable constraints. Major traffic signs include all traffic control signs such as turn prohibited, intersection lane control, stop. yield, and speed limit. City Council Exhibit 2 to Agenda Item ##6 -C 1 2 �'�rt �a� =�fsr 17: (U LO x 7-Y I.n 4 Tik.i M ,4v r7 Nu 4. Mf -C g r 7 V 1. 1 0 NX "M MIN 9 R—E oY"� g Mt, i� K 'r R h P b��ai�: "s a H3 e' ,.r. /3.r 3�' CFA '�'''�,�:f� j'�,c::r ..s3. �'•}"'ti i C`r.;l P' C S •s' '4p';..'ra. MT 7 3 0 0 Jr a4 a [f• <{:;1 .•r F r /J�'� Y r. Y'`:f rir :L �"`I _rt M -Vv.;DN a. Yv 'YP ki L 3r S, 4e I WT r4 4 Z -n f Ito x� P�� l.�•;�` 'a't:`�'� �:,tifi >,'.,e {f s•?'y' „�s r4:cw `Y.;'.'' 'f''41r A c L S �Sd'�� 'e °•S �i�:3r�a'G I ��:�;,7'„ •i�;�'r� �Y L S :��'3S•F�i•" .�!1r7� ..rmtQ ��.�sT +r'.T,'r�(� 4�L,� :s f1 A M—T K q 75, 1 7,1ze—IR i! I5t -Owl ;nV w 1, JA, 0 1`4 4 g', 1 �e yf IF Ok E �Ik .44 1 4 All jr .1 A'rd 1� j� r. 7"L�P. a VP ik "T ��V lx' 41 4 4 .P. wN 1 GI 4 t V t ,4 W Sk -�Jvj. cf V-1 'v q t r ;N �v p 9 Ire 1j.j: A i; i ri 41 q a i ti 17 'N U J4, 41 2 U J J1, r.F 5 i Y :'.Z r. T 3 LV- -�JiL1 �i.i r}•- ..w:.��}•.•- ......,.r,... CY ��4.L. F r gv' 14 5 p Is "R ",51M 4 U 5i 4t�� W.,, 3 •CF. 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Exhibit 3 to RX-Il C m ##6 A Ite M 4 eeeMMM MR, BE 0 M. .2-16,10 I Cie' �U �H cs� C7 Al I r i 0 R– FIA A- W jlz 4� 4P, �K, o;; 4. p r I 7 07 y 17f I 1-4 "PlI A F. 3. Q:k'� '1378 a7r� t i Der 17 it 'Jil 'wg'a P. R O e14, u r-4 34 J U YIi��3S�rj� �i;,l�?��I� fy�° JO rAA Y L7 K p A l 'n 173 rn I <1 4= sr13 �lr j ue ki 3 1 �s �S '4 Irs•<'�`��i P� S'� 0 1p fl u 'fir i "�r�Gf�` C�� I f K P4 1 05 U 7 P 4� e -4 i 00pr p G.rrC sc i 7 0 fj RI 1. rr 44 V r x 1 r j '1 l l� r i LV U: ��r aSd 11L7 I7I0 4 il prof J -N P4 Cf] Cit Council T 'pa I. Exhibit 3 to RX-Il C m ##6 A Ite M 4 eeeMMM MR, BE 0 M. .2-16,10 Appendix 4: Protection of Important Neshing Habitat Alameda's trees provide nesting habitat for birds of conservation concern, specifically raptors, herons, and egrets. wring nesting season, tree actions should be avoided on or near trees containing active nests of these birds. Disturbing active nests is prohibited under California Fish and Game and U.S. Fish and wildlife regulations. nti0 11 S i An active nest is a nest that is in use in the current nesting season. Nests from previous nesting seasons that are not in use this nesting season are not active nests. 2. Nesting season is March l through September 1. 3. Tree actions are tree- related activities that include branch pruning, sidewalk removal for root shaving, tree removal that uses loud machinery such as chainsaws, pavement saws, chippers, or heavy equipment. ('V ud.& The following guidelines ensure protection of nesting habitat: l Active nests of the following species should not be disturbed: Cooper's Hawk* Sharp Shinned Hawk Red Tailed Hawk* Red Shouldered Hawk* 0 white Tailed Kite* American Kestrel Merlin 0 Great Horned owl* western Screech Owl* Barn Owl* 0 Great Blue Heron* 0 Green Heron 0 Black Crowned Fight Heron Great Egret* Snowy .Egret* Cattle Egret Active nests of this species were found in Alameda during three nest surveys 2007 2009. 2. To avoid disturbing active nests, tree actions should not be taken on trees containing an active nest or within 200 feet of a tree containing an active nest. City Council Exhibit 4 to Agenda Item ##6 -C o A et'ive Nests The City will work with the community to identify trees containing active nests and will schedule tree actions to avoid disturbing active nests. Trees containing active nests will be tagged at the beginning of the nesting season. Tags will be removed at the end of the nesting season. City crews and contractors will avoid performing tree actions on trees containing tags or on trees within Zoo feet of a tagged tree. To simplify tagging, areas containing active nests year -after -year should be designated as nest protection zones. Tree actions will not be scheduled within 200 feet of a nest protection zone during nesting season. Trees containing active nests within a nest protection zone will not be tagged. Based on recent nest surveys, the following areas are recommended nest protection zones Nest Protection Zone Repeated 'besting Species 1. Washington Park. Cooper's Hawk 2. Chapin Street, both sides between Pacific Avenue and Buena Vista Avenue Cooper's Hawk 3. Clinton Street both sides between Paru Street and Sherman Street Cooper's Hawk 4. Franklin Park Cooper's Hawk 5. Jackson Park Cooper's Hawk, Barn owl 6. Gibbons Drive, both sides Cooper's Hawk 7. Heron rookery along lagoon pathway northwest of the Harbor Bay Landing Shopping Center Great Egret, Snowy Egret S. Chuck Corica Golf Complex Great Blue heron, Red Tailed Hawk, Great Horned oval XTERNAL CORRESPONDENCE The City Clerk's Office received the attached external correspondence regarding Age nda Item #6-C on the 02-16-2010 Regular City Council Agenda Editor: N A A CIETY 6 N. I- Being a property owner in the Gibbons -Fern side area I attended a meeting last Thursday night at the Edison School Auditorium. The reason for the meeting was to poll the members for the possibility of raising the yearly assessment to a maximum of $100.00. The board members stated that the increase would allow them to negotiate and contribute funds to the city for the much needed repairs to streets, sidewalks and other projects the association deemed necessary for the betterment of the area. The concept is interesting but as long as the Gibbons Drive trees are left intact, the problem that we are experiencing will not be resolved. Replacing sidewalks and driveways every few years to keep the trees that have outlived their life's span is just not reasonable economics. To contribute to this thinking I consider less than wise. Why should all the property owners that are in this association be charged for mainly the "Gibbons" problem? What are we doing? Are we trying to get someone else to paint our fence? The "Gibbons" problem can be solved with out drastic measures taken by the association if reason becomes a major part of the solution. If every other tree is removed and new trees are planted in their place very little of our ambience will be taken away from us. Then, after four or five years have passed when the young trees have had a chance to mature the remaining older trees can be disposed of and trees planted in their place. I brought up this solution some 15 years ago when I attended yet another association meeting dealing with the "Gibbons" tree problem. This problem will not go away unless we the members and the city do realize that we are in a more serious situation now than then. The band aid approach, which has been used for many years, just doesn't solve the problem. I'm shocked that there are insurance companies still willing to insure homes in this area with the possible liability on the horizon. Maybe if the property owners insurance carriers increased their clients policy premiums to double or refused to renew their policy it just might bring us to the real world and to our senses? I had an opportunity to discuss our problem with a representative of a well known insurance company recently and he did concur that the above could very well become a reality. Do we really want to become uninsurable or have our insurance premiums out of our economic reach? Having worked for two major insurance companies I know from experience that their in the business to show a profit and not loose money. Re: Agenda Item #6 -C 42 -16.16 They are not benevolent organizations. If they decide the risk is too great we become history. I don't think any of us need that. If a dwelling is encumbered with a mortgage the lender will place insurance on your property for the amount of the unpaid lean if you are unable to secure insurance on your own and that usually is with a much higher premium. Often the lender only protects it's interest and not you. The sword of Damocles, is not far away. Let us not wait for it fall, but take action soon before the problem becomes truly a financial catastrophe. Many of our neighbors have purchased their homes within the last few years and their property taxes are more than $7,500 a year. In fact, some owners are paying more than that. All they did was buy a 70 to 80 year home that usually needed considerable repair. It is not fair to look to them for a hand out. They have been forced to pay additionally for the schools, library,& hospital. If the problem is Gibbons Drive, and 80% of it is, then it is the owners on Gibbons, that should deal with the problem with the city. I must commend the current board members for their time and effort. But their proposal is too little, almost too late and doesn't address the major problem. I'm in the book or you can e -mail me at (borpropalakyahoo. I if any resident of the association wishes to either commend or fault me for my stand in regards to this subject. I would be more than happy to hear from you if you feel that my logic is faulty. George J. Borikas 1500 Gibbons Drive Editor: I feel compelled to reply to a letter submitted to the Editor, Alameda Journal dated April 5 I have been accused of being an alarmist and I must admit that I consider this label a complement. When there are signs of impending danger on the horizon it is the citizens' duty to: ring the bell, sound the siren, beat the drum, or activate the alarm in the best interests of the community. I must confess I don't consider my dedication ugly. I respect a critic's right to disagree with my position and welcome input from as many citizens as possible. My e -mail address is: borpropala @yahoo.com. and I am in the phone book. Please take the time to voice your agreement or disagreement of the position I have taken. My original letter produced 7 e- mails, 2 personal calls, and several face to face discussions with individuals that agreed with my analysis and how to logically solve our problem. One e -mail received didn't agree with me. Now I read a letter to the Editor of the Alameda Journal, from a citizen, who believes has taken me to task. The one e -mail that I did receive that was negative to my suggestions was from an owner who lives and owns property on Southwood Drive, where the problem does not affect her. She took the dream approach to dealing with the problem. Sometimes dreams become nightmares. It would be a nightmare for someone whose home receives major damage if struck by one of our over grown trees. It would be a nightmare for someone that is tripped up by the grossly uneven sidewalks and receives major physical injuries. In some cases it could be an economic nightmare for a family that does not have the funds to handle increased insurance premiums, increased Fernside Membership yearly dues and all the assessments such as hospital, school, and library not to mention the yearly progressive one and one half percent increase of the Alameda County property tax. It's time for us to wake up and put our dreams aside before they become nightmares. The property owners in the Oakland hills received a case of reality when thousands of homes were reduced to ashes because they and the city didn't want to deal with the problem prior to the catastrophe. Oh yes, lives were lost and injuries were sustained. Ambiance surrounded them and so did a fire from hell. The sword of Damocles is hanging and the hair is becoming weaker as each year of inactivity passes. Where will it fall and who will be the recipient of it's wrath? Why is it that prevention is a foreign concept and we only act when the barn door is left open? Do we have vision or do we just see? Editor: I feel compelled to reply to a letter submitted to the Editor, Alameda Journal dated April 5 I have been accused of being an alarmist and I must admit that I consider this label a complement. When there are signs of impending danger on the horizon it is the citizens' duty to: ring the bell, sound the siren, beat the drum, or activate the alarm in the best interests of the community. I must confess I don't consider my dedication ugly. I respect a critic's right to disagree with my position and welcome input from as many citizens as possible. My e -mail address is: borpropala @yahoo.com. and I am in the phone book. Please take the time to voice your agreement or disagreement of the position I have taken. My original letter produced 7 e- mails, 2 personal calls, and several face to face discussions with individuals that agreed with my analysis and how to logically solve our problem. One e -mail received didn't agree with me. Now I read a letter to the Editor of the Alameda Journal, from a citizen, who believes has taken me to task. The one e -mail that I did receive that was negative to my suggestions was from an owner who lives and owns property on Southwood Drive, where the problem does not affect her. She took the dream approach to dealing with the problem. Sometimes dreams become nightmares. It would be a nightmare for someone whose home receives major damage if struck by one of our over grown trees. It would be a nightmare for someone that is tripped up by the grossly uneven sidewalks and receives major physical injuries. In some cases it could be an economic nightmare for a family that does not have the funds to handle increased insurance premiums, increased Fernside Membership yearly dues and all the assessments such as hospital, school, and library not to mention the yearly progressive one and one half percent increase of the Alameda County property tax. It's time for us to wake up and put our dreams aside before they become nightmares. The property owners in the Oakland hills received a case of reality when thousands of homes were reduced to ashes because they and the city didn't want to deal with the problem prior to the catastrophe. Oh yes, lives were lost and injuries were sustained. Ambiance surrounded them and so did a fire from hell. The sword of Damocles is hanging and the hair is becoming weaker as each year of inactivity passes. Where will it fall and who will be the recipient of it's wrath? Why is it that prevention is a foreign concept and we only act when the barn door is left open? Do we have vision or do we just see? For me to say that the trees are not pretty and don't give a calming feeling would be stupid on my part. I totally agree that they are beautiful and a land mark that many areas would love to have. But the city has let the pendulum swing too far by it's mismanagement. Preventive measures should have been instituted years ago. I have reviewed my first letter to the Editor, and no where did I suggest that the trees all be removed at the same time. No where did I say that I won't contribute economically to solve the problem. I find by reading an article more than once produces a better understanding of the material. Some solutions to the "Gibbons Tree Problem" that were suggested by the critic are: 1. Widening the sidewalks slightly. My questions are: Widening in which direction? What is meant by slightly? I presume the critic means in all directions. If that be the reasoning, then each property owner will lose a portion of his front yard and in some cases driveways will be compromised. The street will also lose and equal portion. With cars parked on both sides of Gibbons Drive, traffic lanes will suffer and there could be a possibility of more sideswipe accidents. How will the street sweeping vehicle function around this man made maze? To make matters worse the critic wants to encircle each tree with a decorative low fence. I don't believe that the insurance carrier for the city would accept that liability without increasing the premium substantially. Of course, maybe encircling each tree with a low fence will act as a convenient garbage container for discarded junk from passing vehicles traveling homeward bound. 2. It is suggested that the roots be trimmed in -order to control damage to the sidewalks. This was an excellent suggestion 15 years ago but I don't believe doable now. This action could contribute to "the era of the falling trees" which could adversely affect many of our neighbors. 3. The critic suggests that maybe a duty arborist be hired to instruct new property owners how to live with the trees. I've been told that there was more than one expert (arborist) inspect the trees prior to the recent tree trimming project and agreement for the future of the trees varied. These trees have and are causing serious damage to streets, side walks, driveways, and last but not unimportant the hidden foundation irregularities that are not noticeable by the untrained eye. When foundations have hairline separations For me to say that the trees are not pretty and don't give a calming feeling would be stupid on my part. I totally agree that they are beautiful and a land mark that many areas would love to have. But the city has let the pendulum swing too far by it's mismanagement. Preventive measures should have been instituted years ago. I have reviewed my first letter to the Editor, and no where did I suggest that the trees all be removed at the same time. No where did I say that I won't contribute economically to solve the problem. I find by reading an article more than once produces a better understanding of the material. Some solutions to the "Gibbons Tree Problem" that were suggested by the critic are: 1. Widening the sidewalks slightly. My questions are: Widening in which direction? What is meant by slightly? I presume the critic means in all directions. If that be the reasoning, then each property owner will lose a portion or nis front yard and in some cases driveways will be compromised. The street will also lose and equal portion. With cars parked on both sides of Gibbons Drive, traffic lanes will suffer and there could be a possibility of more sideswipe accidents. How will the street sweeping vehicle function around this man made maze? To make matters worse the critic wants to encircle each tree with a decorative low fence. I don't believe that the insurance carrier for the city would accept that liability without increasing the premium substantially. Of course, maybe encircling each tree with a low fence will act as a convenient garbage container for discarded junk from passing vehicles traveling homeward bound. 2. It is suggested that the roots be trimmed in -order to control damage to the sidewalks. This was an excellent suggestion 15 years ago but I don't believe doable now. This action could contribute to "the era of the falling trees" which could adversely affect many of our neighbors. 3. The critic suggests that maybe a duty arborist be hired to instruct new property owners how to live with the trees. I've been told that there was more than one expert (arborist) inspect the trees prior to the recent tree trimming project and agreement for the future of the trees varied. These trees have and are causing serious damage to streets, side walks, driveways, and last but not unimportant the hidden foundation irregularities that are not noticeable by the untrained eye. When foundations have hairline separations they allow termites the road to travel up to the wooden members of your home and the result in many cases is an economic catastrophe for the property owner. I am a realist and not a dreamer. Let me share with you information released in the business section of the Chronicle, with in the last two years dealing with the subject "City household income statistics for northern California" placed Alameda, two towns above Richmond, California. If that doesn't give us a message nothing will. We are not the affluent city that a small segment of our population cling to. The bureaucratic establishment in this city would indorse any measure which would relieve them of their responsibilities. I guess they are trying to pattern themselves after the HMO, philosophy of Co- Payments. Citizens, please take heed. The streets, trees, sidewalks, police, fire, parks etc., are all the responsibility of the city. A friend of mine just purchased a 2 plus bedroom home on Gibbons Drive (1420 sq. feet) for $820,000, and his property taxes are more than $11,000. How much more must he pay? The Fernside Home Owners Association is considering raising the yearly dues so the association can offer co- payments to bribe the city to take care of it's responsibilities. Pm sure that the collective bureaucratic establishment in this city who is of the subliminal opinion that we, the citizens, are their servants will give the Fernside Home Owners Association, their stamp of approval. Not me! George Borikas Gibbons Dr. Resident CITY of ALAM EDA Memorandum To: Honorable Mayor and Members of the city council From: Ann Marie Gallant Interim city Manager Date: February 16, 2010 Re: Appoint Members to the Sunshine Issue Spotting Task Force I At its November 17 meeting, the city council held a second discussion on the formation of a Sunshine community Task Force to review and recommend ways to protect the public's interest in open government. A copy of the June 2 staff report on this matter was provided, including a sample of a lobbyist registration ordinance from the City of Oakland. DISCUSSION The original referral on this matter, submitted by Councilmember Tara, envisioned the formation of a six- member body comprised of one member appointed by each Councilmember, plus a representative from the League of Women Voters who would serve as facilitator and scribe. The task force would meet for a time- limited period to review and inventory key issues of concern related to improving the public's access to City information. The referral mentioned the following issues as worthy of further exploration: Extend the noticing requirements for public meetings beyond 72 hours; Provide direction on Public Records Act requests regarding cost and turnaround time; Develop guidelines regarding the minimum radius that must be used when notifying neighbors about land use matters; Expand campaign finance reports disclosure; Consider a registry for City lobbyists. During the discussion on November 17, the city council agreed that an "ad hoc" community task force should be formed to engage in "issue spotting focusing on open and transparent government. The ad -hoc task force would meet no more than three times, one meeting of which could be a "town hall type" meeting. Assuming approval of appointments to this ad hoc committee on January 6, meetings could be scheduled between mid/late-January and March 1, to develop a list of issues to recommend to the City council for further staff analysis. That list would then be submitted to the city City Council Agenda Item #6 Honorable Mayor and Members of the City Council February 16, 2010 Page 2of2 Council at the second meeting in March for discussion, prioritization and further staff research. Each Councilmember has nominated one member to serve on this "ad -hoc" task force. Consistent with past practice, those appointments are now before the City Council for approval. The task force members and their sponsors are: Mayor Johnson: Jeff Mitchell Mice Mayor deHaan: Gretchen Lipow Councilme mber Gilmore: Rob Wonder Cou ncilmember Matarrese: Thomas Charron, MD Council member Tam: John Knox White In addition, the League of Women Maters will assign one member to serve on the task force as a facilitator. FINANCIAL IMPACT No additional funds are required for this activity. All work will be done by the City Manager's office using existing management personnel and /or the ad hoc task force members. RECOMMENDATION Appoint members to the Sunshine Issue Spotting Task Force. Respectfully submitted, Lisa Goldman Deputy City Manager XTERNAL CORRESPONDENCE The City Clerk's Office received the attached external correspondence regarding Agenda Item #6�D on the 02-16-2010 Regul Lara Weisiger Sunshine Task Force e #r��awr� rwtxs From: Paul Canavese <paul neighboring com> To: Beverly Johnson <bjohnson @ci.alameda.ca.us Doug deHaan <ddehaan @ci.alameda.ca.us Lena Tam <ltam @ci.alameda.ca.us Marie Gilmore <mgilmore @ci.alameda.ca.us Frank Matarrese <fmatarrese @ci. alameda. ca.us> Date: 1/25/2010 4:30 PM Subject: Sunshine Task Force Dear Mayor Johnson and City Council members, I am an Alameda resident and Internet engineer working on a website utilizing (among other things) public records. I was very interested to hear about the proposed Sunshine Task Force, and am very much in support of the City of Alameda making more of its information publicly available. Neighboring. com--the website I am building presents information on its proximity to an address (e.g. 1 /10 mile from your home) as a free service. This information currently includes restaurant health inspection reports (from Alameda County Environmental Health), alcohol licensing actions (from CA Department of Alcohol Beverage Control), potential toxic site reports (from CA State Water Resources Board /Alameda County Environmental Health), real estate listings /changes (from EBRDI MLS), address references in local newspapers /blogs, and more. I am also attempting to add Alameda police and fire reports. I plan to initially launch in the next couple months as a pilot covering the city of Alameda before it expands to other municipalities. It would be great to see the City of Alameda open up some of its own information. In fact, last month I contacted Matt Naclerio to inquire about possible ways Alameda Public Works information could be opened up. As you probably know, the movement toward government at all levels becoming more transparent with their data and communication "Open Government," "Government 2.0 etc.) has been growing. San Francisco is a big leader of this with their da site. In addition to publishing out Re: Agenda Item #6 -D 02.16 -10 fi1e:HC:\Docume1its and Settings \cc_user\Local Settings \Temp \XPgi -pwise14B5DC. information, open government can also open up two -way channels of communication. I want to emphasize that the city can publish its raw data (as San Francisco has) and allow web developers like myself to pick up that information and make it easy for the public to use. It is not necessary for the city to spend a lot of money building web applications. Again, I have a lot of interest in the task force and what flows from it. Please let me know how I can be informed about the task force's activities and if there is any way I can help. Best regards, Paul Canavese Founder &CEO Neighboring.com paut@neighUo-n�. com 510- 747 -8471 file:HC:\Documents an Settingslcc_user \Local Settings \Teinp1XPgrpwlse \4B5DCA20Ala... 1f26/2010 COUNCIL REFERRAL FORM (To be submitted to the City Clerk) Name of Council member requesting Referral: Frank Matarrese Date of submission to City Clerk (must be submitted before 5:00 p.m. on the Monday before the week of the Council meeting requested): January 30, 2010 Requested Council Meeting date to consider Council Referral: February 16, 2010 Brief description of the subject to be printed on the agenda, sufficient to inform the City Council and public of the nature of the Council Referral: I propose a council referral to request that the Council consider the following. Due to the budget challenges faced by both the Alameda Hospital District and the City of Alameda and the need for public agencies within Alameda to work together, a Council District sub committee is proposed for consideration, similar to the liaison committees which the City has established with the Alameda unified School District and AC Transit is proposed. This committee, with representatives from both governing bodies can be tasked to work toward, among other activities: Proposing plans share resources and services Promoting bringing VA medical services to Alameda to serve our veterans in town and from our neighboring cities region Supporting the availability of emergency services here in Alameda Requested action: Direct City Management to communicate this proposal to the Hospital District and report back to Council on a path forward Council Referral -A 02-16-10 COUNCIL REFERRAL FORM Name of Councilrnember requesting referral: Councilmemb deHaan Date of submission to City Clerk (must be submitted before 5:00 p.m. on the Monday before the Council meeting requested): February 8, 2010 Council Meeting date: February 16, 2010 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: At the council meeting of Jan 6, 2010, the council gave direction to the City Manager, that the Golf Commission is to form a Task Group to review the feasibility of establishing a non- profit organization to operate the Mif golf course. A Task Group was formed and has prepared a preliminary report for the council's review and acceptance. It is requested that the subject findings be included as part of the overall proposed operating plan of the Chuck Corica Golf Complex. This discussion is scheduled to take place at the special council meeting of Feb. 25, 20 1 o. Council Referral #8 -B o2 -6 -10 STATUS REPOR'T'' RE NON PROFIT OPERATION OF THE MIF ALBRIGHT COURSE Consistent with the resolution passed by City Council on January 6, members of the Alameda golf community (informally known as the "Keep the Mif Coalition have accepted the challenge of developing a plan for operation of the Mif Albright course by a non profit entity. The focus has been on (1) organization; (2) fund raising and community support and (3) business planning. This memorandum sets forth the progress to date in each of these three areas. I. Organization At its January 21, 2010 meeting, the Alameda Golf Commission established a task force to work with the Deep the Mif Coalition in devising a plan for non profit operation of the Mif. On January 28, 2010, the Board of Directors of the Alameda Junior Golf Association "AJG approved a resolution by which AJG would undertake the responsibility of operating the Mif. AJG is an existing 501(c)(3) entity whose income is not subject to taxation and to whom donations are tax deductible AJG proposes to lease the Mif property from the City for $1 per year. II. Fund-Raising and Community Support In order to ensure that funds needed to pay start -up costs and provide working capital for operation of the Mif are available, pledges have been obtained from: The Perforce Foundation, which has offered a "challenge grant" of $20,000. This grant will match community donations up to $20,000. Members of the Alameda Women's Golf Club, the Alameda [Men's] Golf Club, the AJG board and miscellaneous friends of golf in Alameda, who have pledged $12,280 to date. Other g olf and business groups and interested individuals are being asked to make pledges. The Keep the Mif Coalition is optimistic that it will be able to meet the Perforce challenge grant. If so, non profit operation will begin with at least $40,000 of working capital. III. Business Planning The Deep the Mif Coalition is developing a comprehensive business plan for operating the Mif, the latest version of which will be made available to Council on or before February 15. The highlights of the plan are: Based on historical data for the last four fiscal years, the Mif is capable of generating revenue from greens fees of $130,000 per year even under "disinterested" management. AJG will not be `disinterested." Rather, AJG intends to take steps intended to increase revenue in the short- and long term. For example, AJG will vigorously exploit the opportunity to obtain subsidies from the Northern California Golf Association for junior play which amount to $7 per round. In addition, AJG will actively campaign to enlist business and other community groups in holding events and setting up leagues at the Mif. For whatever reason, KemperSports, the current golf complex operator, has ignored revenue raising ideas such as these. AJG will not be similarly indifferent. Based on the hard dollar expense figures provided by staff and KemperSports, the Mif can be operated at no worse than break -even. The presentation by staff to Council on January 6 included as operating costs both a monthly management fee of $1,000 to KemperSports and an "allocation" to KemperSports for management overhead of $19,241 for six months. AJG will not have to pay, or "allocate," these amounts to KemperSports. In fact, it may be possible to reduce actual operating costs below the level currently being charged to the City by KemperSports: The Keep the Mif Coalition has contacted several golf-course maintenance companies about providing turf maintenance. Three quotes have been obtained, and others are expected. AJG will also seek a bid to provide turf management to the Mif from the company selected by the City to operate the Jack Clark and Earl Fry regulation courses. The Coalition is working with a Certified water Distribution operator, who is providing his time on a volunteer basis, to explore ways to reduce the cost of water used to irrigate the Mif. AJG will conduct an ongoing effort to finance capital improvements through promotions and donations. For example, hole sponsorships can be marketed to local businesses and other organizations. Likewise, a "bricks for the tee" program can be established for attracting individual donations. And grants can be sought from national and regional golf organizations such as the Northern California Golf Association. In developing the business plan, the Keep the Mif Coalition has not acted in isolation. It has sought, and obtained, market data and advice from experts in the northern California golf market (as distinguished from the generic information provided by staff and KernperSports). It has also sought, and obtained, input from successful nonprofit golf course operators in California and elsewhere. Iv. Conclusion The Deep the Mif Coalition is firmly convinced that continued operation of the Mif Albright course is a vital part of the parks and recreation services offered by the City to Alameda residents. It also realizes that the City is unwilling, and unable, to subsidize Mif operations out of the General Fund. The goal of the Coalition thus is to show how to accomplish a worthy objective using community and not City resources. we respectfully urge Council to consider the foregoing progress we have made toward that end. And we deferentially seek its encouragement to continue to do what is necessary to achieve success. DC February 8, 2010 Submitted on behalf of the Keep the Mif Coalition by: Joe vanwinkle Robert T. Sullwold joe—vanwinkle@hotmall.com its greenstamps.com 2 UNAPPROVED MINUTES OF THE SPECIAL JOINT CITY COUNCIL ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY (ARRA) AND COMMUNITY IMPROVEMENT COMMISSION (CIC) MEETING TUESDAY- JANUARY 26,2010- -7:00 P.M Mayor /Chair Johnson convened the joint meeting at 7:10 p.m. Councilmember 1 Commissioner Tara led the Pledge of Allegiance. ROLL CALL Present: Councilmembers l Board Members l Commissioners deHaan, Gilmore, Matarrese, Tam and Mayor /Chair Johnson —5. Absent: None. CONSENT CALENDAR Councilmember Matarrese moved approval of the Consent Calendar. Councilmember 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.] *10 -029 CC *10 -01 CIC Minutes of the Special Joint City Council and Community Improvement Commission (CIC) meeting held on December 15, 2009, and the Regular City Council Meeting held on January 19, 2010. Approved. *10- 030 CC Recommendation to Award a Contract in the Amount of $00,280 to AZCO Supply and Authorize a Ten Percent Contingency to Purchase Twenty -five Streetlight Poles as Part of the Woodstock to Webster Street Neighborhood I rr provement .Project, and Authorize the Interim City Manager to Execute the Contract and Related Documents. Accepted AGENDA ITEMS -031 CCIARRA Recommendation to Accept Transmittal of the: 1) Comprehensive Annual Financial Report (CAFR) for Fiscal Year ended June 30, 2009; 2) Auditor's Agreed Upon Procedures Report on Compliance with Vehicle Code Section 40200.3 Parking Citation Processing; 3) Agreed Upon Procedures Report on Compliance with the Proposition 111 21005 -00 Appropriations Limit Increment; 4) Police and Fire Retirement System Pension Plans 1079 and 1092 Audit Report for Fiscal Year Ended June 30, 2009; 5) Metropolitan Transportation Commission Grant Programs Financial Statements for Year Ended June 30, 2009; and 0} Alameda Reuse and Redevelopment Authority Basic Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority and Community Improvement Commission January 26, 2010 Component Unit Financial statements for the Year Ended June 30, 2009. The Interim City Manager /Interim Executive Director and City Auditor gave brief presentations. Councilrnernber /Board Member Tarn stated the City's net assets saw an increase of $6.9 million as a result of revenue exceeding expenses; additional progress has been made on capital asset improvements; refinancing was done; inquired how much of the net increase is from revenue exceeding expenses. The Interim City Manager /Interim Executive Director responded asset increases do not necessarily mean cash revenue increased because debt might have been paid off or a capital project may have finished; stated overall revenues stayed the same; the increase in all funds was only $3 million; a $6 million increase in the context of $205 million is not huge. Councilmernber /Board Member Tara stated there was a savings of $3.1 million in the Police Department fund; $2.6 million was because of debt retirement; inquired whether said amount contributes to the $6.9 million, to which the Interim City Manager /Interim Executive Director responded in the affirmative. Councilrnernber /Board Member Matarrese inquired whetherthe amount does not represent a $6.9 million increase in cash, to which the Interim City Manager /Interim Executive Director responded in the affirmative. Councilmember /Board Member Matarrese inquired whether the workers compensation fund is still negative, to which the Interim City Manager /Interim Executive Director responded in the affirmative. Councilrnember /Board Member Matarrese inquired whether the amount is assets, not cash. The Interim City Manager /Interim Executive Director responded in the affirmative; stated government financial assets include cash, bonds, capital improvement projects, etc. Councilmember /Board Member Gilmore inquired whether the net cash available is just under 0 million, to which the Interim City Manager /Interim Executive Director responded in the affirmative; stated there are still a couple of liabilities. Councilmernber /Board Member Tam moved approval of the staff recommendation. Vice Mayor /Board Member deHaan seconded the motion, which carried by unanimous voice vote 5. Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority and 2 Community Improvement Commission January 26, 2010 10-032CC/ARRA/10-02 CIC Recommendation to Accept the Financial Report for the Fourth Fiscal Quarter Ending June 2009. The Interim city Managerll nterim Executive Director gave a presentation. Mayor /Chair Johnson stated the community Development Department fund went down significantly; inquired the amount, to which the Interim city Manager /interim Executive Director responded $800,000 was drawn down from the fund balance. Mayor /Chair Johnson inquired whether the department is now operating in balance. The Interim city Manager /interim Executive Director responded in the affirmative; stated some of the fund balance would be used during the current fiscal year; continued the presentation. Councilmember /Board Member /Commissioner Matarrese inquired why the urban runoff fund balance is so large. The Public Works Director stated the Storrs Drain Master Plan is currently being completed, which will result ina 10 or 20 -year capital improvement program to spend down the money. councilmember /Board Member /Commissioner Matarrese stated that he receives complaints about the pond near the Tube entrance behind Marina Village Loop; inquired whether the project could be completed since the fund has $7.5 million. The Pubic Works Director responded the project would probably be identified. as one of the priorities in the Plan; stated other areas might be of higher priority, such. as .homes. that would be inundated by a 100 -year flood; that he would check whether the Alameda Landing project might be contributing funds and ensure the project is reviewed as part of the Master Plan. In response to Councilmember/Board Member /Commissioner Matarrese's inquiry about when the Plan would be completed, the Public Works Director stated the Plan should be done in 12 months; the Sewer Plan would be finished first. Councilmember /Board Member /Commissioner Matarrese inquired whether the [urban runoff] funds could be used for sewers, to which the Public Works Director responded in the negative; stated 10% of sewer funds can be used for urban runoff. In response to Councilmember /Board Member /Commissioner Gilmore's inquiries about the negative fund balance in the risk management and workers compensation funds and about Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority and 3 Community Improvement Commission January 26, 2010 incurred liabilities, the Interim City Manager/Interim Executive Director stated negatives are real money paid out for claims; incurred liabilities are the amount that an actuarial believes should be reserved for future risks, which the City does not have, the City s trying to et Y Y 0 g out of the $1.7 million negative and, then, will have to start putting money away to cover the liability as required by joint powers agreements. Councilmember /Board Member /Commissioner Tarn stated in Fiscal Year 2008 -09, revenues ended up being $3.4 million more than expenditures; the City was able to put $1.7 million in the undesignated fund balance; inquired how much of the savings came from the reduction in force; further stated the appearance is cuts were made and the savings went into internal service funds. The Interim City Manager/interim Executive Director responded the budget was approved at $70 million in revenue and $81 million in expenditures; stated Attachments B and C focus on the general fund; $5.5 million was absorbed. In response to Vice Mayor /Board Member /Commissioner deHaan's inquiry whether the City is still in a dispute with Alameda County over Emergency Medical Service charges, the I nterim City Man age rll nterim Executive Director stated the matter is potential Iitigation and is not included as a liability]. Councilmember /Board Member /Commissioner Matarrese inquired whether the potential liability should be included, to which the Interim City Manager/Interim Executive Director responded the numbers were not included based on Closed session discussions. In response to Mayor /Chair Johnson's inquiry regarding the amount, the Interim City Manager /Interim Executive Director stated the amount is $840,000; continued the presentation. Councilmember/Board Member/Commissioner Tara inquired which department has the highest workers compensation allocation, to which the Interim City Manager/interim Executive Director responded the three highest departments are Police, Fire and Public Works; departments are charged back the following year. Mayor /ChairJohnson inquired whether workers compensation claims are consistent with other cities, to which the Interim City Manager /Interim Executive Director responded that she did not know. In response to Mayor /Chair Johnson's inquiry about whether worker safety prograrns would help, the Interim City Manager /Interim Executive Director responded Risk Management has an aggressive program. The Public works Director stated Public Works holds meetings every week. Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority and 4 Community improvement Commission January 26, 2010 The City Attorney stated a citywide safety program is being started. The Interim City Manager /interim Executive Director continued the presentation. Mayor /Chair Johnson inquired whether the [general fund] fund balance would be cut in half if the suggested amount for workers compensation was set aside, to which the Interim City Manager /Interim Executive Director responded $6.5 million would be taken from the $8.4 million [fund balance]. Vice MayorlBoard MemberlCommissioner deHaan inquired whether funding is included for Other Post Employment Benefits (OPEB), to which the Interim City Manager/Interim Executive Director responded in the negative. In response to Mice Mayor/Board Member /Commissioner deHaan's inquiry regarding the present value of OPEB, the Interim City Manager/Interim Executive Director stated the amount is $74.7 million. Mayor /Chair Johnson stated the claims reduce the City's ability to provide service to the public and need to be managed as best as possible. The Interim City Manager/Interim Executive Director stated staff worked to have the [workers compensation and risk management] funds break even over an 18 -month period [ending June 2010]; next, staff will work to make the balances positive over the following 18 -month period. Mice Mayor/Board MemberlCom miss ioner deHaan stated the City is working to meet obligations and has not made additional money. The Interim City Manager/Interim Executive Director stated staff is working to break down the funds. Council rnernber /Board Member/Commissioner Gilmore stated the. cash in the. general fund seems like an illusion when there are other funds that should have reserves. The Interim City Managerll nterim Executive Director stated Council might want to revisit the fund balance policy; the fund balance also includes loans. Mayor /Chair Johnson stated maintenance was being deferred to build the fund balance; deferred maintenance ends up costing more. The Interim City Manager /interim Executive Director stated new internal service funds, such as the facilities maintenance fund, have been created to start having disciple and put Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority and 5 Community Improvement Commission January 26, 2010 money aside. MayorlChair Johnson stated people did not know about the internal service fund negatives because there were not separate accounts; having a clear budget is very important to understand the real fund balance. The Interim City Manager /interim Executive Director stated not having workers compensation and risk management funds is very risky. Mayor/Chair Johnson stated the City is also developing a systematic way for dealing with large maintenance projects. CouncilmernberlBoard Member /Commissioner Matarrese stated "why" should be addressed in the discussion about the appropriate [general fund] fund balance. CouncilrnernberlBoard Member /Commissioner Tarn stated that she understand the City is trying to have a balance between providing services and increasing the bond rating by having a reserve; $9.9 million of the $18.2 million fund balance is cash. In response to Councilmernber /Board Member /Commissioner Tam's inquiry regarding cash on hand, the Interim City Manager Interim /Executive Director stated bond rating agencies review all cash reserves, such as the $3 million cash in equipment replacement; going forward rating agencies will start to look at issues like OPBB. CouncilmernberlBoard Member /Commissioner Tarn inquired how many positions were eliminated, the Duman Resources Director responded the number of positions went from 650 to 575; stated many positions that were cut were not filled. Mayor/Chair Johnson inquired whether the positions remain in the budget, to which the Interim City Manager/interim Executive Director responded in the negative. Council mernberlBoard Member /Commissioner Tarn stated times are tough; the City had to make cuts; carefully characterizing the [general fund] fund balance is important, particularly if there might be about another five years of tough times. The Interim City Manager/Interim Executive Director stated the State Chief Legislative Analyst is forecasting no growth until 2014; the decision was to make the cuts all at one time; a plan was created to recover negatives in 24 months; the City was not prepared for the latest surprise of the state wanting to take the gas tax. In response to Vice Mayor /Board Member /Commissioner deHaan's inquiry about full time equivalent employees, the Interim City Manager /Interim Executive Director stated the audit amounts are simply the numbers that were included in the budget, not the actual number of Special .point Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority and 6 Community Improvement Commission .January 26, 2010 employees. Vice Mayor/Board Member /Commissioner deHaan inquired when the actual numbers wou Id be provided, to wh ich the I nterirr City Managerll nterim Executive Director responded the actual numbers for the current fiscal year could be provided with the mid year report, Mayor /Chair Johnson stated the public expects the Council to put the City into as sound a financial position as soon as possible; there are still a lot of negative funds; the City dose not have any extra money and still has a lot of liabilities that need to be paid, as well as deferred maintenance. The Interim City Manager /Interim Executive Director stated staff will be recommending certain funds be designated as part of the mid year report, which will bring the fund balance down to $8.1 million; further stated the general fund budget went down from around $87 million to $63 million. Vice Mayor/Board Member /Commissioner deHaan noted revenue projections are not very good. The Interim City Manager /Interim Executive Director stated Alameda and Piedmont are the only two cities in the County that have not had property tax losses. Mayor /ChairJohnson stated the City has done a good job managing the cuts with minimal impacts on public service levels. Vice Mayor /Board Member /Commissioner deHaan stated the surer fund is down from $18.4 million to $12.4 million; $3 million was loaned to a project; inquired whether $3 million Was spent on sewer projects. The Public Works Director responded the affirmative; stated projects were completed on both Central Avenue and Fernside Boulevard. In response to Vice Mayor/Board Member /Commissioner del--laan's inquiry regarding spending projections for the current year, the Public Works Director stated staff is lannin p g $2 million in capital improvement projects per year and will review new requirements as a result of the wet weather facility issue. Vice Mayor/Board Member /Commissioner deHaan inquired hover much revenue is generated each year, to which the Public Works Director responded $6.6 million, which is close to ghat is spent for operations. In response to Vice Mayor/Board Member /Commissioner deHaan's further inquiry regarding the sewer fund, the Public Works Director responded the audited revenue is $6.5 Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority and 7 Community Improvement Commission January 26, 2010 million; the $6.4 million in expenses does not include capital projects; further stated a presentation would be given in spring or summer. Councilmember Matarrese moved approval of the staff recommendation. Vice Mayor del -laan seconded the motion, which carried by unanimous voice vote 5. CITY MANAGER COMMUNICATIONS -033 CC Supplemental Education Revenue and Augmentation Fund (SERAF) Proposed Payment Plan The Interim City Manager gave a brief presentation. Mayor Johnson Stated no one knows what the State will do to balance its budget this year. The Interim City Manager stated the State had a $24 billion shortfall in June 2009; the deficit was $14 to $15 billion in January, 2010; the deficit will continue to accelerate since the State has not made significant cuts; the biggest concern is whether the State will securitize more property tax borrowing from cities; that she does not know what the State w i l l do with the gas tax. Councilmember Matarrese stated redevelopment tax increment is no longer sheltered but is being taken away; any thought of selling redevelopment bonds will be seriously encumbered. Mayor Johnson inquired whether a job loss analysis has been performed, to which the Economic Development Director responded in the affirmative. Vice Mayor deHaan stated the State has taken money away [from cities] for years. The Interim City Manager stated Alameda has given $54 million to the State over the years. Councilmember Matarrese stated over $5 million has been taken from redevelopment. Mayor Johnson stated State representatives will be coming to the Mayor's Conference in February. The Interim City Manager continued the presentation. Mayor Johnson inquired what will happen to cities that have made tax increment commitments. Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority and 8 Community Improvement Commission January 25, 2010 The Interim city Manager responded cities have to meet obligations; stated trying to get a developer to forego repayment of tax increment commitments is very optimistic. Mayor Johnson stated some amounts are so large that some cities would not be able to find a cash fund from which to borrow; inquired whether other cities would need to cover cities within the county that cannot pay, to which the Interim City Manager responded in the negative. The Interim city Manager continued the presentation. Mayor Johnson stated redevelopment will be impacted tremendously; cities are no longer going to be able to commit tax increment to development projects. The Interim City Manager stated the legislature and Department of Finance have had very little communication in the past; the Department of Finance tried to explain that old base numbers cannot be used for calculations; some cities have already made pledges; no bond proceeds are left for tax allocation bonds; the West End capital Improvement Projects' net cash available has gone down from $11.4 million to $6 million in one year. Mayor Johnson stated the State is putting in policies that will kill jobs. The Interim City Manager stated 80% of tax increment is the most flexible and is used to subsidize commercial and industrial development and job creation. Councilmember Gilmore stated that she is infuriated with the State; the State was $24 billion in debt; the State did not cut their budget but took property tax money from cities; the State is also taking redevelopment money; the current deficit is $14 billion and will robabl p v go back up to the previous deficit. Councilmember Tam stated the State deficit was up to $21.6 billion last week. Councilmember Gilmore stated the State has taken property taxes and redevelopment money and is threatening to take gas tax; the state is not acting to cut its budget; at some point, the State will not be able to squeeze any more money out of local jurisdictions. The Interim City Manager stated the Governor's proposal is to eliminate furloughs, require State employees to pay part of PERS, and cut school administration costs; that she is still uncertain how the State will use ERAF to pay the traffic court; Alameda's gas tax of approximately $1.3 million is used for pothole repair. Councilmember Gilmore stated the State will have to act to cut their budget sooner or later. Special Joint Meeting Alameda City council, Alameda Reuse and Redevelopment Authority and 9 Community Improvement commission January 26, 2010 The Interim City Manager stated one -third of the Assembly will be termed out and 17 %will be up for reelection; the proposed payment plan is very conservative and ensures that all obligations are covered; no action is needed tonight; the matter will come back to Council for approval. Cou ncil member Gilmore suggested a cover letter be included when the check is sent to the State. Mayor Johnson stated the state should be made aware of how the City has been impacted. The Interim City Manager stated the City has yet to receive securitization money, but money has been taken out of property taxes]; the state is making the City absorb the negative cash. Councilmember Matarrese stated reserves act as a buffer; redevelopment has changed; development will have to be done differently. Vice Mayor deHaan stated the LCC is trying to stop the raids; hopefully, the League's ballot initiative will be on the November ballot. Mayor Johnson stated California government needs significant restructuring to save the State. Councilmember Tam stated the LCC has collected 273,000 signatures; one million signatures are needed. (ARRA) ARRA Revenue and Expense -Ten Year History Authority Member Matarrese inquired why ARRA has a fund balance, why the balance is so large, and what is the use of the fund balance; stated the fund balance is approximately $9 million; buildings cannot be secured; more money will need to be put in the buildings if secured; questioned whether the fund balance is being spent appropriately. The Interim Executive Director responded fund balance issues cannot be discussed at this time because of the Exclusive Negotiating Agreement; stated staff will review better strategic planning for long -terra leases; fund balance uses will be discussed as part of the raid year report. Authority Member deHaan inquired how much funding the Alameda Collaborative brings to the table, to which the Economic Development Director responded none. -034 CC Golf Enterprise Fund Revenue and Expense -Ten Year History Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority and 10 Community Improvement Commission January 26, 2010 The Interim City Manager gave a brief presentation. Councilrnember Matarrese inquired how the negative interest is derived. The Interim City Manager responded a negative interest indicates a reversal or credit from a prior year. The Interim City Manager continued the presentation. Mayor Johnson inquired why supply costs are so different; stated supply costs were consistent between 2001 and 2009; now costs are down to almost nothing. The Interim City Manager responded that she would look into the matter; continued the presentation. Councilmember Tam stated the unrestricted fund balance was $8.35 million in Fiscal Year 2000 -2001 and gent down to $1 million in Fiscal Year 2008 -2009; the south Course needs a new sprinkler system which would cost approximately $1 million; inquired whetherthe $1 million would come from the unrestricted fund balance. The Interim City Manager responded in the affirmative; continued the presentation. Mayor Johnson inquired whether the net income loss would be the same as an operating loss, to which the Interim City Manager responded in the affirmative. Mayor Johnson stated the Golf Course has been operating at loss fora number of years. Council member Matarrese stated the general downward trend of the unrestricted fund balance does not match up with capital outlay and capital improvement numbers; some of the delta from year to year in the unrestricted fund balance is assumed to go into operations; the actual net income is the cash balance; June to December shows a positive; the missing piece of data is what the unrestricted fund balance total will be for Fiscal Year 20 09-201 0; all deltas need to be known prior to operating contract discussions; Fiscal Year 2001 -2002 to Fiscal Year 2002 -2003 had a $4 million loss; details are needed. The Interim City Manager stated the matter will come to Council at the second meeting in February; staff will provide some generic negotiating criteria as to what direction Council wants to take. Vice Mayor deHaan inquired whether different accounting practices have been applied. The Interim City Manager responded the audit was closed by a person with no history or Special ,point Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority and Community Improvement Commission January 26, 2010 knowledge of the Golf Course; stated ten years of data was gathered. Mice Mayor deHaan stated that he is not comfortable with some of the numbers or explanations; he has concerns with the extreme draw down. The Interim City Manager stated the numbers are real; the balance sheet would be discussed; General Fund transfers have declined from $8 million to $830,000 over the last ten years. Councilrnember Matarrese stated knowing what kind of policy is needed is important going forward in order to protect the asset. The Interim City Manager stated everyone thought that the fund balance was cash, which is not true. Councilrnember Matarrese stated Council was given a presentation regarding building a Club House with the fund balance. Mayor Johnson stated Council had a joint meeting with the Golf Commission on the matter; the idea was shut down because Council had serious concerns with the numbers; building a Golf Course at the former Laval Base was another crazy idea presented. The Interim City Manager continued the presentation. Mice Mayor deHaan stated in Fiscal Year 2004 -05 the Payment in Lieu of Taxes (PILOT) was used bail out the General Fund; the PILOT grew around $21 5,000; subsequently, the PILOT went down because of less play. Speaker Jane Sullwold, Golf Commission. In response to Ms.Sullwold's inquiry, the Interim City Manager responded the Return on Investment (ROI) is blended in with the PILOT. In response to Ms. Sullwold's inquiry, the Interim City Manager responded the Governmental Accounting Standards Board (GAS13) requires the City to inventory everything at the Golf Course and create a present value of the asset. Councilmernber Gilmore stated Council and the Golf commission were told that there was a fund balance of over $5 million at a previous meeting. Mayor Johnson inquired whether Council can rely on the numbers presented tonight. The Interim City Manager responded in the affirmative; stated a National Golf Federation Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority and 12 Community Improvement Commission January 26, 2010 (NGF) number should not be used as an actual. Mayor Johnson stated that she is confident the current numbers are good. Councilmember Matarrese stated that he has a hard time characterizing net income as a profit because capital outlay shows mostly zeros. Ms. Sullwold stated the only way to get capital improvements is to infuse cash into the property; seeing funds dwindle over the last five years has been frustrating; Council needs to allow the maximum amount of time to ensure that the right choice is made regarding an outside manager. Mayor Johnson stated many golfers do not acknowledge how much money is needed to maintain a golf course; the Golf Course has not been taken care of for at least ten years, the asset is wasting away. Ms. Sullwold stated the driving range was the last major capital improvement. Vice Mayor deHaan Stated the greens have been redone and a new irrigation system was installed on the Noah Course, which is not enough. COUNCIL REFERRALS (10 -035 CC) Discussion of Athletic Field Improvement. Councilmember Matarrese stated the Council /School District Subcommittee discussed the desire to have artificial turfs for Thompson and Willie Stargell Fields; tonight's referral is to request Council to consider giving direction to the Interim City Manager to research how the City might be able to work with the School District to pull funds or have the City finance the artificial turf fields with a joint use agreement to allow City use; saving water would be one thing to consider; a joint use agreement would the City to gain field Space and allow the School District to get maximum use of the fields. Vice Mayor del -laan inquired whether other fields are jointly used with the School District. The Park and Recreation Director responded the School District uses City fields; stated there are formal agreements for the use of the pools and Peralta College hardball fields. Vice Mayor deHaan inquired whether the City uses the School District's fields, to which the Park and Recreation Director responded in the negative. Councilmember Matarrese stated a joint use agreement could allow City use when the School District is not using a field. Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority and 13 Community Improvement Commission January 26, 2010 Councilrnember Gilmore stated having artificial turf would increase the School District's usage and may not give the City an opportunity to use the fields; the School District would want the fields at the same time as the City. Councilmernber Matarrese stated a joint use agreement would guarantee commensurate use. Mayor Johnson stated the City's sports programs jointly use many School District facilities, such as the gyms. The Park and Recreation Director stated non profits also use School District facilities. Councilmember Matarrese stated a joint use agreement would provide an opportunity to make an improvement; Richmond High School has artificial turf. Mayor Johnson stated that she attended an Alameda /Encinal football game and the field was extremely muddy. Cou ncilmember Gilmore inquired whether the City has a joint use agreement for Ruby Bridges, to which the Park and Recreation Director responded in the affirmative. Mayor Johnson stated a more comprehensive joint venture for athletic facilities has been discussed along with joint maintenance; a meeting is needed with Nino Borsoni (Alameda Soccer Club); a higher level of maintenance is needed; athletic facilities maintenance differs from the other parks. CouncilrnemberGilmore inquired how much time staff would need and what would be put aside if Council votes to give the Interim City Manager direction to research the issue. The Park and Recreation Director responded not much time would be needed for the research; stated figuring out financing might take some time. The Interim City Manager stated a lot of things have been done with the School District on a hand shake; a huge clean up is being done; artificial turf can be used in the rain and could cover its own maintenance costs. Mayor Johnson stated the City needs to make up for ghat it does not have; other cities have beautiful athletic facilities. Vice Mayor deHaan inquired what would be the cost of an all weather field. The Park and Recreation Director responded the cost depends upon infrastructure but Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority and 14 Community Improvement Commission January 26, 2010 could be approximately $1 million. Vice Mayor deHaan stated the lifespan is a concerning factor; the Interim City Manager is on the right track; understanding which fields have joint use agreements is important. The Park and Recreation Director stated centralized scheduling would become more efficient, The Interim City Manager stated the matter could come back to Council in May and could be put into the budget. Mayor Johnson stated Alameda High School does not have a track; Alameda College has a beautiful track that is locked; requested that the Interim City Manager discuss the possibility of having the City and School District work with the College to use the tracks Councilmember Gilmore inquired why Alameda College will not let the City use the track. The Park and Recreation Director responded the College wants to keep the track pristine; the College would charge a fee for having a custodian open the restrooms. Mayor Johnson stated many colleges have nice facilities open to the public. 10-036 CC Vice Mayor deHaan stated that he and Councilmember Gilmore had the opportunity to meet with the Secretary of the Department of Transportation on the SS Petersburg; the ship discharges petroleum offshore; piers are not adequate to bring a tanker in for fueling in Haiti. Councilmember Gilmore stated the ship will take sixteen days to get to Haiti and has the capability to pump fuel as far away as four miles from shore; the first cargo will be jet fuel; the jet fuel on the island is not close to the airport; the distribution system was destroyed by the earthquake; other countries aiding Haiti do not have the capability to pump fuel. Mice Mayor deHaan stated the Secretary of the Department of Transportation emphasized that infrastructure will be built, not repaired; Haiti is very underdeveloped. -037 CC Vice Mayor deHaan stated that he attended a kickoff of the 2010 census; the census is a ten minute questionnaire which will go out in March; allocation of federal funds is predicated on the census. -038 CC Councilmember Tarn stated that she attended the League of California Cities Policy Committee Meeting last Thursday as well as the last Bay Division Meeting; the State is looking at a $21.6 billion deficit over the next 18 months which is expected to persist over the next five years; the Governor is proposing to use State transit monies to Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority and 15 Community Improvement Commission January 20, 2010 payoff state bonds which will adversely affect Ac Transit; the Governor wants to lower the tax on gas; the approach is not transit friendly; the legislature is trying to be optimistic, not shut down during the budget crisis and hoping to get some policy changes despite the fact that this is an election year; Assembly Member Wesley Chesbro is helping to get some funding to improve the recycling rate; the priority for cities is job creation and economic stimulus; the League is trying to get counciImernbers help to gathersignatures; the League is expecting approximately fifty different measures which could be distilled down to eighteen; pension reform is not part of the League's goals this year; the ballot initiative signature allocation is 24,000 for the thirty -three cities in Alameda and Contra Costa counties; contra costa county Board of supervisor Mary Piepho focused on the delta water issues and her opposition to the $11 billion water bond that will be corning in November; Supervisor Piepho stated the State cannot afford more dept and is very opposed to any effort to build a different version of the peripheral canal which is causing major divides in the Legislation between northern and southern California. ADJOURNMENT There being no further business, Mayor /Chair Johnson adjourned the joint meeting at 10.32 p.m. Respectfully submitted, Lara Weisiger, city clerk Secretary, C I C The agenda for this meeting was posted in accordance with the Brown Act. Special Joint Meeting Alameda city Council, Alameda Reuse and Redevelopment Authority and 16 Community Improvement Commission January 26, 2010 UNAPPROVED MINUTES OF THE SPECIAL JOINT CITY COUNCIL ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY (ARRA) AND COMMUNITY IMPROVEMENT COMMISSION (CIC.) MEETING TUESDAY- JANUARY 26 2010- -7:01 P.M. Mayor/Chair Johnson convened the joint meeting at 10:35 p.m. Roll Cali Present: Councilmembers /Board Members /Commissioners deHaan, Gilmore, Matarrese, Tarn and Mayor/Chair Johnson 5. Absent: None. The joint meeting was adjourned to Closed Session to consider: 10-039 CC/ARRA/10-03 CIC Conference with Real Property Negotiator; Property: Alameda Point; Negotiating Parties: City of Alameda, ARRA, CIC, SunCal, Nagy; Under Negotiations: Price and terms of payment Following the Closed Session, the joint meeting was reconvened and Mayor /Chair Johnson announced that the City Council /ARRA /CIC met in closed session to discuss a request from Su ncai to take an action prior to February 2, 2010 to extend the term of the Exclusive Negotiation Agreement (ENA) and the performance milestones for two years; no action was taken in closed session and in the interest of government transparency, the governing bodies referred Suncal's request to be placed on a regularly scheduled open session agenda for public discussion prior to any action. Amu rn Tr There being no further business, Mayor/Chair Johnson adjourned the joint meeting at 1.10 P.M. Respectfully submitted, Lara Weisiger, City Clerk Secretary, CIC The agenda for this meeting was posted in accordance with the Brown Act. Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission January 26, 2010 CITY OF ALAMEDA Memorandum To: Honorable Chair and Members of the Communit Improvement Commission From: Ann Marie Gallant Interim Executive Director Date: Februar 16, 2010 Re Authorize the Executive Director to Amend. the Scope of the Contract with the Alameda Chamber of Commerce for FY09-1 0 I JOA m T, a fT, k fel The Alameda Chamber of Commerce (Chamber) was established in 1929 and.serves all Alameda businesses. It is g overned b a 15-member.Board of Directors, acid has approximatel 500 members. In earl Summer 2009, the Chamber re que sted financial assistance to increase its promotional and marketin activities f or the Alameda busine ss communit On O 20, 2009, the Communit I mprovement Commissi .(CIC) approved a $40,000 contract with the Chamber to support new. marketin business outreach and tourism. DISCUSSION In O 2009, the Chamber re $40,000. in FY09-1 0-fundin J o. i n cre a se activities and support not onl to the local business c but also to. the. residents of Alameda. The Chamber wanted to toward the concept of ..be a -Chamber and Visitors Bureau, a model u other jurisdictions, which provides both a service or to member businesses, and outreach and visibilit y be on d the cit borders. Staff has supported w orkin g with the Chamber to restructure. the or into both a Chamber and Visitors Bureau. Unfortunate l the downturn in the econom and the associated reduction in dues-.pa members are. havin an immediate effect on t he Chamber's abilit to pro toward this end, impactin its present abilit to continue its core activities. As a result, the Chamber is not in a position at this time to expand its operations. Unlike the Cit business associations, which have a built-in reveue base from Business Improvement Association (BIA} distri dues and which have been allocated substantial on support from the CIC, the Chamber receives no BIA dues and has, prior to this y ear, received no CIC fundin While the Chamber is makin bold moves to restructure and reduce on contractual expenses, some of these char g es, and the resultin savin cannot be realized until Jul 2010. Thus, expandin operations erations to include visitor services is not feasible at this time. CC/ARRA/CIC A Item #2-B 2.16-10 Honorable Chair and February 16, 2010 Members of the Community Improvement Commission Page 2 of 3 Despite the faltering economy and the State takeaways of redevelopment (CIC) dollars, staff believes it is imperative to continue to assist the Chamber in its restructuring. It is in times like these that regular Chamber membership becomes a business expense that most small businesses cannot afford; and, therefore, Chamber revenues dwindle. But it is also during these times that businesses benefit most from Chamber communication, relationship building, networking, service on committees, and information discussions on projects and issues important to the business community. The City relies on the Chamber, as well as the business associations, to promote a healthy business community. The Chamber is paid quarterly in arrears based upon requests fully substantiated by receipts for eligible activities. Staff recommends that the CIC amend the contract with the Chamber to provide for utilization of the $40,000 allocation in FY09 -1 0 for any legitimate Chamber operating expense. The contract still prohibits lobbying activities, as well as litigation against the CIC, its officials, boards or commissions. FINANCIAL IMPACT There is no fiscal impact. The contract contains scope amendments only. The FY09 -10 budget includes $40,000 for the Alameda Chamber of Commerce in CIC BWIP Fund 203. MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE Economic Development Strategic Plan, July 2000, Strategy #2 reads as follows, "Support the Chamber of Commerce, merchants and merchant associations in their efforts to increase the availability and quality of retail goods and professional services." RECOMMENDATION Authorize the Executive Director to amend the contract scope with the Alameda Chamber of Commerce for FY09 -1 0. Respect ully submitted, Leslie A. Little Economic Development Director Approved as to funds and account, Evelyn Leung Interim Supervising Accountant Honorable Chair and February 16, 2010 Members of the community Improvement commission Wage 3 of 3 LAL:ry Exhibits: 1. Grant Agreement between the Community Improvement Commission of the city of Alameda and the Alameda Chamber of Commerce for Fiscal Year 2009 -10 2. Amendment #1 to above referenced agreement cc: Alameda Chamber of Commerce INDEX TO GRANT AGREEMENT BETWEE N THE COMMUNITY IMPRO COMMISSION OF THE CITY OF ALAMEDA AND THE ALAMEBA CHAMBER OF COMMERCE F' 2009 --2410 1. The Grant: $40,000.00 2. Term of Agreement: July 1, 2009 to June 30, 2010 3. Statement of Work 4. Financial Management 5. Reporting, Recordkeeping and Monitoring a. Performance Reports b. Annual Report c. Miscellaneous Reporting d. Financial Audit e. Timeliness of Submissions f. Record Keeping g. Monitoring 6. Requests for Funds 7. D Submission 8. Prohibition on Use of Grant Funds a. Employee Salaries b. Lobbying Activities c. Litigation or Adverse Actions 9 City Terns and Conditions a. Independent Parties b. Personnel c. Assignability d. Policy Prohibiting Harassment and Discrimination e. Insurance f. Hold Harinless C3 Ownership and Use of Documents lz Taxes 1. Clty Permits Cit Policy Encouraging Use of Recycled Products j y 10. Waiver 11. Cost of Litigation 12. Conflict of Law 13. Integrated Contract 14. Inserted Provisions 15. Captions 16. Amendments to Agreement 17. Termination a. Termination of the Agreement for Cause b. Ten for Convenience of the City Alameda Chamber of Commerce GA FY09 -1 0 Exhibit I to Agenda Item #2wI3 2w l 6-10 GRANT AGREEMENT BETWEEN THE COMMUNITY UNITY IMPROVEMENT COMMISSION OF THE CITY OF ALAMEDA AND THE ALAMEDA CHAMBER OF COMMERCE FOR FISCAL YEAR 2009 -10 THIS AGREEMENT (Agreement) entered into this 1st day of July 2009, by and between the Community Improvement Commission (CIC) and the ALAMEDA CHAMBER OF COMMERCE (Subgrantee) acting herein by Melody Marr, Executive Director; WITNES S ETH THAT: WHEREAS, the CIC's Community Improvement Plan calls for programs and activities to stimulate and revitalize the downtown commercial areas of the Business and waterfront Improvement Project (BWIP) Redevelopment Area; and WHEREAS, FY 2009 -2010 BWIP funds (Grant funds) have been allocated to the Subgrantee to develop and implement strategies for downtown revitalization in accordance with the National. Main Street Center's methodology; and WHEREAS, Subgrantee acts as the City of Alanzeda's visitor's bureau promoting business and special events; WHEREAS, Subgrantee is uniquely suited to perforrn a wide range of activities leading to the revitalization of Alameda's commercial areas; NOW, THEREFORE. the parties do mutually agree as follows: 1. GRANT AMOUNT a. The CIC grants to the Subgrantee an amount of Grant funds not to exceed 40,,000.00 The Estimated Operating Budget (Budget) is included as Exhibit A. Grant funds are to be expended in substantial accordance with the Budget and are to only be used for marketing alid business Promotions. 2. TERM OF AGREEMENT The ten of this Agreement shall be for the period begin-izing July 1, 2009. and ter June 30 2010 (Program Year), unless terminated earlier as set forth herein. 3. STATEMENT OF WORK Business Expo and Trade Shaw Annual March event to showcase Alanleda's wares and services and puts then in direct contact with potential clients and other potential business --to- business collaborators. Annual Business Awards First of the year annual event honors the accomplishments of local businesses and individuals in 14 categories acknowledging superior achievement throughout the Alameda business corm- nunity. Alameda Chamber of C'o "n"nerce GA FY09 -l0 2 Business E -waste Partner with Universal waste Management, a local company, to find an environmentally responsible way for individuals to dispose of electronic en p waste such as computers, monitors, and all thins electrical. Candidate Forums Take the lead and co- sponsor with other Alameda Business Assoc *atlans forums for Council and School Board candidates. Q uarterly "Breakfast with the M ayor and City 'tanager" Events Events are structured to improve communication between City of Alameda elected officials and staff with the business community and provide a forurn for dialogue. Monthly Nlixers tl� to strengthen business ties Mold mixers the second Wednesday of each mon and provide networking opportunities. Monthly Luncheons Hold throughout the year with feature speakers on van ous topics o f interest to the community. Print Media Prepare a monthly Chamber newsletter, "Alameda Business with an ultimate distribution of over 25,000 to keep the community abreast of si gzi cant business issues and events. Ribbon Cuttings C onduct ribbon cuttings that celebrate grand openings, extensive remodels, C aild business anniversaries. Photograph. and publish .n the Chamber newsletter. ,,shop Alameda! Campaign Develo p to keep "local dollars local Campalg)p should stress the Importaiice of sho PP ino- in. Alameda through articles, logoed reusable shopping bags, and word of mouth. r and �zai�tai� liaison with C1C staff and other local entities involved in a. Estab Collin- ie rcial r evita lization activities. ici in a city-wide event with other Alameda Business Associations. b. Part C. Place Alameda-based events in the calendars of at least three regional publications and/or get articles about Alameda in at least three regional publications such as Sunset, Via, etc. w relocation p ackage with a comprehensive overview of Alameda and what all d. Create a ne p g it has to offer t o both families and potential business considering a move to Alameda. �a��c�a cam a tl�raugh the creation of new materials and obtaln e. Enhance the S c am p the participation artici ation of other Alameda Business Associations. f. Increase by 25 p ercent the hits on the Chamber" s website which will be substantially improved in FY09 -10. Alameda Chamber of Commerce GA 3 FY09 -10 4. FINANCIAL MANAGEMENT a. The Sub grantee shall establish and maintain financial management systems. Such systems shall be in a format to be approved by CIC. b. "Non -Grant Funds" shown on the Budget represent operating funds from other sources de the services s ecif ed in Paragraph 3 Subgrantee shall make a good faith effort in needed to pro P fundraising to equal the estimated level. 5. REPORTING, RECORD KEEPING AND MONITORING a, Perfonnance Re arts The Subg p re ub antee shall are Performance reports describing the Sub grantee's p is in fulfilling the terms and conditions of this Agreement during operation. Such accomplishments g reports shall be submitted to CIC on a quarterly basis and at the same time as the request for reimbursement. The report shall include, but not be limited to: narrative describi rograrn operations, including any problems encountered or 1) A g p anticipate and corrective actions, program changes made or under consYderation, and progress towards fundraising oals, as represented by Non Grant Funds on the Budget; g A staternent of progress on the following. Obj ecti veslp erforman ce Measures: a) partic in a city -wide event with other Alameda Business AssociationsI b Double media outreach by including all residential units, whether owner or tenant occupied, throughout Al and through the addition of Tack London Square in Oakland; C) Publications and /or articles about Alameda; and d Create a City Business Directory in collaboration with the other business associations. 3 Total number of volunteers. b. .Annual Report The Subgrantee shall submit an Annual Report., no later than July 1-5 following the Pro�.rrani Year, includi11g: 1 The Performance Report described above; 2 A Financial Summary revenues and expenditures, reflecting funds from all sources the et ne Bud The CIC shall review the Financial Summary for the eli gibility, reps esented i Budget. and allocablity of Grant costs, and may adjust the amount of the final allowability, reaso funds, as Request for R eimbursement or request reimbursement of previously disbursed Grant q appropriate. c. Miscellaneous Reporting 1) The Subgrantee shall notify CIC in writing of any changes in organizational by -laws, personnel and /or Board of Directors, including election of new officers. 2) The Subgrantee shall submit to CIC copies of public notices related to the use of Grant funds and all newsletters or bulletins. Alameda Chamhel' of C oynrnerce GA 4 FY09_10 3 The Subgrantee shall submit to CIC copies of reports prepared for other agencies /entities that reflect or address conditions in Alameda. d. Financial Audit flo0 1 Sub gr antees receiving at least �25, in Grant funds awarded herein shall submit ies of an annual Financial Program Audit Report, and related I11lanagerr�ent Letters w two cop 180 y days of the end of the Program Year audited. It shall be conducted by an independent auditor in accordance with requirements set forth by CIC. 2 As a condition of receiving funding under this grant program, Subgrantee must agree maintain rant files and supporting documentation for three years after the conclus on of the grant. to g records available far an audit b tl7e Subgrantee must also agree to snake its grant files, books, and by the of Alameda CIC, or their duly authorized representatives to assess the accomplisl of the grant ro am or to ensure compliance with any requirement of the grant program. p 3) Audit Standard Financial audits conducted under this Agreement shall conform to requirements set forth by CIC. e. Timeliness of Submissions Submission of Perforn7ance Reports) Annual Reports, Annual Worlcplan, and /or a Financial Audit which is more than thirty days past the date(s) specified above may result in the CIC withholding Grant funds until the item is provided. Failure to submit the Annual Report Program and/or Financial Summaries by July 15 follotiv i.nu the Program Year may result in the forfeit of any remaining Grant Funds to the CIC. f. Record Kee Records shall be maintained for a period of no less than 5 years and in suffi detai to document �erfornnance required under Paragraph 3 above. Access to records shall be provided to the 1. CIC upon reasonable notice. g. On- site mon of the Subgrantee may be conducted, as appropri ate, with prxo1 to review roUran ro ress and the financial and program. records of the Subgrantee. P I p g 6. REQUEST'S FOR FUNDS The Subgrantee shall submit to the CIC substantiated requests for reimbursement of a. T gr actual costs. The Request for Reimbursement Form will be provided by the CIC. within ten days of the cl ose of the Pro ant Year, the Subgrantee shall submit its final Request for Reimbursement. Failure to do so may result in the forfeit of any remaining Grant funds to the CIC. b. T he Subgrantee shall submit to the CIC Requests for Reimbursement fon within 30 days of th e end of each q uarter. All reimbursement requests must be fully substantiated with receipts. upon expenses that are either of a marketing or promotional nature will be reimbursed. Only agreed P p d o f the close o f the pro grann year, Subgrantee shall submit its final Request for Within 10 Renlbursenne nt. Failure to do so may result in the forfeit of any remaining grant funds to the CIC. Alameda Chamber oi Comn GA 5 FY09 --10 c. The CIC shall reimburse funds in a timely manner. d. Grant funds remaining after timely submission and reimbursement ent o f the final approved Request for Reimbursement shall revert to the CIC unless otherwise agreed to in writing. 7. DOCUMENT SUBMISSION All reports, notices, demands, requests, or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States nail, postage prepaid, registered or certified, addressed as hereinafter provided. All reports, notices, demands, requests, or approvals from Subgrantee to CIC shall be addressed to City at: Economic Development Department City Hall west 950 west Mall Square, 2' Floor Alameda, CA 94501 -7552 Attention: Sue G. Russell All reports, notices, demands, requests, or approvals from City to Subgrantee shall be addressed to Sub grantee at: Alai neda Chamber of Commerce 1416 Park Avenue Alameda, CA 94501 Attention: Melody M arr, Executive Director S. PROHIBITION ON USE OF GRANT FUNDS a. Employee Salaries Grant funds shall not be used to pay for or reinburse the costs of salaries of Subgrantee employees or officials. b. Lobbving Activities Grant funds shall not be used directly or indirectly to. fund any partisan poIitica] activity 07 to further the election or defeat of any candidate for any public office, or to influence the outcome of any local election, referendum initiative or similar procedure, through endorsements or publicity. c. Litigation or Adverse Actions Grant funds shall not be used directly or indirectly to support litigation or other adverse action against the Co mmunity Improvement Commission or the City of Alameda, or any of its employees, officials, boards and commissions. 9. CITY TERMS AND CONDITIONS a. Independent Parties CIC and Subgrantee intend that the relation between then created by this Agreement is that of grantor- independent contractor. The mariner and means of conducting the work are under the control of Subgrantee, except to the extent they are limited by statute, rule or regulation and the express teens of this Agreement. No civil service status or other right of employment will be Alameda Chamber of Commerce GA FY09 -10 6 u uired b virtue of Subgrantee 's services. None of the benefits provided by the City of Alameda to a q y its en7 to ees, including, but not limited, to unemployment insurance workers compensation plans, p vacation and sick leave are available from City to Subgrantee, its employees or agents. Deductions shall not be made for any State or Federal taxes, FICA payments, PITS payments, or other purposes normally associated with an employer employee relationship from any fees due Subgrantee. Payments of the above items, if required, are the responsibility of Subgrantee. b. Personnel 1 The Subgrantee represents that it has, or will secure, all personnel required in performing the services under this Agreement. 2 All of the services required hereunder will be performed by the Subgrantee, or under its su p ei and a p all ersoruze engaged in the work shall be authorized, if and as required by State and local law, to perform such duties. 3 Any work or services subcontracted hereunder shall be specified by written contract 3' or agreement and shall be subject to each provision of this .Agreement. c. Asst ilit The Subgrantee shall not assign any interest in this Agreement, and shall not transfer any interest i the same whether by assignment or novation), 'without the prior written consent of the CIC; provided, however, that claims for money by Subgrantee from the CIC under this Agreement be ass to a bank, trust company, or other financial in stitution without such approval. may written notice of any assignment or transfer shall be funzi shed promptly to the SIC by the Subgrantee. d. biting Harassment and Discrimination Cons' with the City's policy that harassment and di scrimination ai unacceptable Coll duct, acid in con f lance with similar federal and state laws, Subgq agn that di scrinZln at] Oil in the sel ecti oil of contractors, employees or clients, o haras d irected toward contractors, employees or clients oil the basis of race, religious creed, color, national origin, ancestry handicap, disability,, n status, preg)pancy, sex, age, or sexual on entation will not be tolerated. e. Insurance On or before the commencement of the term of this ,Agreement. Subg rantee shall furnish City and CIC with certificates showing the type, arnount, class o operations covered, effective dates and da tes of exp iration of insurance coverage in compliance with Subparagraphs 9.e.(l) -(5). Such da p r Cert]ficate5 which do not l imit Subgrantee s indenn lficatlon, Shall a lso contain substanti c`l the followin g statement: "Should any of the above insurance covered by this certificate be canceled or cover awe reduced before the expiration date thereof, the insurer affording coverage shall provide thirty days' advance written notice to the CIC by certified mail, Attention: Rls I'r�Iarzager." It is agreed that Sub grantee shall maintain in force at all tinges during the performance of this A, cement all a ro riate coverage of insurance required by this Agreement with an insurance company that is pp p table to CIC and City and licensed to do insurance business in the State of California. ac �ds and commissions officials employees ees Endorsements narning the CIC, City, its City Council, boar p y and volunteers as additional insured shall be submitted with the insurance certificates. Alameda Chamber of Commerce GA FY09 -10 1) Coverage Subgrantee shall maintain the following insurance coverage: a) Workers' Compensation Statutory coverage as required by the State o California. b) Li Commercial general liability coverage in the following rnillirnum limits: Bodily Injury: $500,000 each occurrence $1,000,000 aggregate all other Property Damage: $100,000 each occurrence 50,000 aguregate If submitted, combined single limit policy with aggregate limits in the amounts of $1,000,000 (One Million Dollars) will be considered equivalent to the required minimum Ili shown above. c) Automotive Comprehensive.. automotive liability coverage in the following minimum limits: Bodily Injury: Property Damage: Combined Single Limit: $500,000 each occurrence $100,000 each occurrence or $5 00,000 each occurrence Subrogation Waiver Subgrantee agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Subgrantee shall look solely to its insurance for recovery. Subgrantee hereby gra�Zts to CIC` a C on behalf of any i nsurer providing comprehensive general and automotive liability insurance to either Subg9 CIC or City with respect to the services of Subgrantee herein, a waiver of any ri to subrogaton which any such insurer of said Subgrantee may acquire against CIC or City by virtue of the payment of any loss under such insurance. 3) Failure to Secure If Sub grantee at any time during the ternn hereof should fail to secure or maintain the foregoing insurance, CIC` or City shall be permitted to obtain such insurance in the S ubgrantee's name or as an agent of the Subgrantee and shall be compensated by the Subgrantee for the costs of the insurance premiums at the maximum rate permitted bylaw and computed from the date written notice is received that the premiums have not been paid. 4} Additional Insured CIC, City, its City Council, boards and commissions, officials, employees and volunteers shall be named as an additional insured under all insurance coverages required by this Agreement. The nannrng of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. Alameda Chambur ❑l' C'nmmcrcc GA F Y09 -I 0 s 5) Suff cienc of Insurance The insurance limits required by City and CIC are not represented as being sufficient to protect Subgrantee. Subgrantee is advised to confer with its insurance broker to determine adequate coverage for Subgrantee. f. Hold Harmless Subgrantee shall indemnify, defend and hold harmless the CIC, City, its City Council, boards, commissions, officials, employees and volunteers Indemnitees) from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees (Claims), arising from or in any manner connected to Subgrantee's negligent act or omission, whether alleged or actual, regarding performance of services or work conducted or perfonned pursuant to this Agreement. If Claims are filed against. Indernnitees which allege negligence on behalf of the Subgrantee, Subgrantee shall. have no right of reimbursement against Indernnitees for the costs of defense even if negligence is not found on the part of Subgrantee. However, Subgrantee shall not be obligated to indemnify I.ndemnitees from Claims arising from the sole or active negligence or willful misconduct of Indernnitees. g. ownersb and Use of Documents Drawings, Specifications, Studies, Reports and all other Products prepared by the Subgrantee, and/or its consultant, in connection with the Project shall become the property of the CIC. No exceptions shall be made to this stipulation, whether or not the Project for wl rich such Products lave been created is executed or implemented. The Subgrantee shall retain copies, including reproducible copies, of all such products. Subgrantee shall not copyright such documents; CIC reserves all publication rights. All Products prepared by the Subgrantee, and/or its consultant, may be used by the CIC in. execution or implementation of: l The oriZ: Project fog which Subgrantee received the Grant funds described above; 2 Coinpletion. of the on glnal Project by others; 3) Subsequent additions to the original Project; and /or 4) Other City Projects as appropriate. Submission or distribution to meet official regulatory requirements or foi other purposes in connection with the Project is not to be construed as publication in derogation of the CIC's rights. With the prior written consent of the CIC, the Subgrantee may use his/her Products for purposes other than that for which they were produced, to the extent that any confidential infon ation is protected. h. Taxes The Subgrantee agrees to assume full responsibility for payment to Federal, State and County agencies of any and all taxes, including payroll taxes, witliholdings and workers' compensation, which may be required of it. i. City Permits The Subgrantee shall be responsible for obtaining all required City permits and licenses, and Alameda Chamber of Commerce GA FY09 -10 9 for corn p lying with al applicable City codes and ordinances. If this responsibility is delegated by the Subgrantee to a consultant, contractor, vendor, or service provider, it remains the responsibility of the Subgrantee to confirm that these requirements have been net. j City Polk Encouraging Use of Recvcled Products It is the policy of the City to encourage Subgrantees to purchase source reduction and/or recycled products containing the highest amount of postconsurner material practicable, or when ostconsurner material is impracticable for a specific type of product, containing substant� al amounts p of recovered material. whenever possible all equipment bought, leased or rented shall be compatible with the use o f source reductl on and recycled products Such products and equiprn ent must rn eet the Subgrantee's performance standards, price ranges, and availability requirements. 10. WAIVER A waiver by CIC of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein whether of the same or a different character. 1 COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason of an all an erred breach of provisions of this Agreement, the prevai ling party shall be entitled to receive It) y p rov from the losing party all costs and expenses in such amount as the Court may adj edge to be reasonable, including attorneys' fees. 12. CONFLICT OF LA'W This Agreement shall be interpreted under, and enforced by the'laws of the State of California excepting any choice of law rules that may direct the application of laws of another jurisdictia 1. The In Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction aver this Agreement (or the successors of those autharitles Any stilts brought pursuant to this Agreement shall be filed with the Coup ts of the 'c�lr my of Alameda, the State of California. 13. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind oi nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the P rovisions hereof. Any modification of this Agreement w'll be effective only by written execution signed by both CIC and Subgrantee. 14. INSERTED PROVISIONS Each provision and clause required by lave to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each was included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such. insertion on application by either party. 15. CAPTIONS The captions in this A greem ent are for convenience only, are not part of the A greem ent and Ii or amplify the terms or provisions of this Agreement. in no way affect, l Alameda Chamber of Con irnerce GA 10 FY09 -10 If. AMENDMENTS TO AGREEMENT a. -knindMeiits, char es, modif :atiolls al delctions to this Aurccmtn.t sl al1 Nu reclticstccl iii writing by the SubLirantee nd appmved in writinu by the CIC prior to imp eI 'Lation. l). Changes to the Stated lent of worm., bt line itnis, rc cordkce1)1lI(_T and i FCCC]Ltircnieiits alid similar stibstaiitive portions of the work p ograiii ii�ay lie allowed at the C:IC`s di screti oll c. Terms CMcl conditions of this .AgreM, 101]t I eci Ll fired by Fedcrtll, Stc'lte 03 10C-cd r° c -Ftt ICItiOi ncllor statute may not be waived by the CIC. 7. TERMINATION 'c".1. Terms nail on of the Ai for Cause If the Suhgrantee is wiable to fulfill or fails to fl_llfill. �i t'mcly al�ld proper III I.1111tr its obligations Linder this Agree��l mt, or if the SuhcTralitcc violates `ally of tile covcnallts, L191 lets, o stiptl of this A grect icnt, the CI shall th=Upon have the right to tcrljifliate this A( i em 1)y givil�g written notice to the SUbgrantte of shell ter rymiation and specifying the effective d ate thereof, alt least tej 1 clays before the effective date of such termillatioll. Notwithstanding the above, the SLibbrantee shall not lie r elieved of liability to the or City fay damages stistaMed by the CIC or City by virtue of any breach of t he Agreen icnt by the SLjl) (Tr "Jntec, al id the CIC iiiay withliolcl payments to the, S alltec fo l" tlle I �ttt Dose of set-off lll7t sLIGII time as the exact a� OL11 lt of d('Amaocs clLt�: the CYIC cal City I�rc�l�� tl�c� S�1h�rLilltec is clef e� ��incd. 1). Tei ation for Conygnielicc: of tlhe cit 'r'ile C1 For its comlcmeme, liiay teriiiinate tli A reemciit Lit ,Illy Li by g ivi n g pit. Icast th i rty (3 clays notic M writi to the S ubg rantee. If tile Agreement is terr),ii b y the C for co Svc icl�lce, fl)e Suhgraiitee wi he pLil(i for tile period III wilicli servicos 'clrc provided, oi cx pelises il1Ct11 1 ccl ol ol li l_tl� d by coiilractttril aLreemciit s res It r I` 1 f l I d tl cL 11.c cal t f` K c t.i is A o l C e l li cli t, II to 01 C 1.C1"M 1 I _1tl old tltC. IN WITNESS HEREOF, the }1�>1 I1 "I.Nic 11cret- 111tc) set flier liaiids aii(i scals. AI N/1FT_')A U1.AJ\/1 RER 0 Fa i f N/1 MERCK E Melody Iola cF� 0 CO 1\4 M.ISSI()l Aiiii Ilil i Coal i a It III te? J E ec Ut i v e D i recto l RECD MEND FOR APPROVAL: PIT 1 Leslie A. Little Economic Development D i rectOY Dorene E. Soto, Manager Business Retention and Attraction APROVED AS To FORM: Teresa HighSMijh City Attorney Alameda Chamber of Commerce GA 2 FY09 --I0 Exhibit "A0' F°? 2009-2010 Proposed Opelrating R udget Alameda Chamb F o 1 1 I.J "T-lP Ce EXPENSES Sala nes /Benefits/T ayes Rent !Utilities Phone q,50 per mo insurance (D&O, Liability. WC) Office Supplies Equipment Postage MeetingslT rainings Outside Services (writer) Articles Other Printing CITY ASSOCIATION 37.764 GRANT rues Sponsorships INCOME 5 4 20 TOTAL INCOME S 40.100 0 46,000 errant 1,000 1 .000 S Memt)ershiN Dues 2,500 494 5.600 494 Events net incom e 5 �3 SponsorsnlpS ,080 S 1 Other l TOTAL 40 C DG 1, S5 845 395 22,574 ?3 B1 EXPENSES Sala nes /Benefits/T ayes Rent !Utilities Phone q,50 per mo insurance (D&O, Liability. WC) Office Supplies Equipment Postage MeetingslT rainings Outside Services (writer) Articles Other Printing S 124.469 S 37,764 S 6,020 5.10❑ ,500 x,170 SubTotal MARKETING Vtlebs,te Register VjsilAlameda.Com shopalameda.com Advertising fNewspapei magazines,web f3C C) Design(s) harnbpr iJ /l_ BANG; 5 HomelGarderl 12 issues inside Bad' Area Banner Ads Additional Ads, (in flights cable) r)1her Shot,, Alameda collateral Decal; (5000 static cling) Shopping Bags (1500 bags) Relocation Packet Folders Additional Directories 3,€300 1,020 3 50 16.1 -9n 750 5.100 2,100 1 ,790 4,020 16.150 S 750 SubTotai COMMITTEES 400 400 MAINTENANCE 3,720 S 3,720 TOTAL S 40,290 S 190 =493 ?15, 94 3 Page IofI 124,469 37.764 600 5 4 20 s, 100 :j,50d 1,200 1,000 1 .000 S 750 2,500 5.600 1,000 5 S 124.469 S 37,764 S 6,020 5.10❑ ,500 x,170 SubTotal MARKETING Vtlebs,te Register VjsilAlameda.Com shopalameda.com Advertising fNewspapei magazines,web f3C C) Design(s) harnbpr iJ /l_ BANG; 5 HomelGarderl 12 issues inside Bad' Area Banner Ads Additional Ads, (in flights cable) r)1her Shot,, Alameda collateral Decal; (5000 static cling) Shopping Bags (1500 bags) Relocation Packet Folders Additional Directories 3,€300 1,020 3 50 16.1 -9n 750 5.100 2,100 1 ,790 4,020 16.150 S 750 SubTotai COMMITTEES 400 400 MAINTENANCE 3,720 S 3,720 TOTAL S 40,290 S 190 =493 ?15, 94 3 Page IofI AMENDMENT #1 TO AGREEMENT BETWEEN T14E COMMUNITY IMPROVEMENT COMMISSION OF THE CITY OF ALAMEDA EDA AND THE ALAMEDA. CHAMBER. OF COMMERCE This Amendment #1 of the Agreement, entered into this of March 2010, by and between the Community Improvement Commission (CIC) and the ALAMEDA CHAMBER OF COMMERCE (Subgrantee), is made with reference to the following: A. On July I, 2009, an agreement was entered into by and between CIC and Subgrantee (hereinafter "Agreement B. CIC and Subgrantee desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: I Paragraph I "Grant Amount of the Agreement is modified to read as follows: "The CIC grants to the Subgrantee an amount of Grant Funds not to exceed $40,000.00. The Estimated Operating Budget "Budget is included as Exhibit A. Notwithstanding the prohibition set forth in paragraph 8 (a), grant funds may be expended for staff/contractor salary expenses and rent." 2. Paragraph 6 "Requests for Funds of the .Agreement is modified to read as follows: "The Subgrantee may receive any and all grant funds at any time during the fiscal year. All reimbursement requests must be fully substantiated with receipts." 3. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed on the day and year first above written. ALAMEDA CHAMBER OF COMMERCE Melody Marr CEO Alameda Chamber of Commerce Amend #1 FY09 --I o COMMUNITY IMPROVEMENT COMMISSION Ann Marie Gallant Interim. Executive Director RECOMM LADED FOR APPROVAL: Leslie A. Little Economic Development Director CC /ARRA/CIC Exhibit 2 to Agenda Item #2 -E3 ageI oft 2 -164 0 Dorene E. Soto Business Retention and Attraction Manager APPROVED AS TO FORM: e Highsmith City Attorney Alameda Chamber of Commerce Amend #1 FY09 -10 Page 2 of 2 CITY OF AL_A MEDA Memorandum To: Honorable Mayor and Members of the City Council Honorable Chair and Members of the Community Improvement Commission From; Ann Marie Gallant Interim City Manager/Interim Executive Director Date: February 16, 2010 Re: Approve an Amendment to the Grand Marina Tillage Affordable Housing Agreement and Authorize the Interim City Manager/interim Executive Director to Execute the Amendment BACKGROUND On October 30, 2008, the Community Improvement Cornmission. (CIC) and the City entered into an Affordable. Housing Agreement with 1arrnington Homes. California for construction of ten for -sale hones affordable to very low low and. moderate income households as part of the Grand Marina Village project. Construction is underway. on the two model hones, and site grading and backbone infrastructure a moving forward. As part of proceeding With construction .of the first phase, Warmington has requested modification of its phasing plan. The phasing plan was approved as part. of the Affordable Housing Agreement; therefore, the Agreement must .be. amended to. provide for a revised phasing plan. The Arr endment to the Grand Marina. Village Affordable Housing Agreement is attached for City Council /CIC review and approval. DISCUSSION The Grand Marina Tillage project will be built in four phases over 18 months. Three phases consist of eight units each, and one phase consists of 12 units, for a total of 40 units. The approved phasing plan has an initial phase of 12 units at the eastern -most portion of the site, with subsequent phasing proceeding to the west .in three remaining phases of eight units each. The original phasing schedule provides affordable units as follows: five units in the first phase, two. units .in the second and third phases, and one unit in the final phase, for a total of ten affordable units. Warmington has requested that the phasing be modified so that project construction will start at the western -most portion of the site and proceed to the east. The. first three phases will consist of eight units each and the final phase will consist of .12 units. Under the proposed new phasing plan, the affordable housing would be provided as follows: CCIARRA/C C Agenda Item #2 -C 2-16-10 Honorable mayor and February 16, 2010 Members of the City Council Page 2 of 3 Honorable Chair and Members of the Community Improvement Commission one unit in the first phase, two units in the second and third phases, and five units in the last phase. Warmington has stated that by revising the phasing, the health and safety of its homeowners would be greatly enhanced. Homeowners would have direct access to the community's amenities in a safer and more direst route, as they would be accessing these amenities directly next to their homes without having to cross areas of heavy construction activity. Construction of guest parking is. also of concern. The revised phasing would be directly adjacent to the parking being built for the community, and homeowners' guests would not have to walk through a heavy construction site to gain access to this parking. Another of warmington's concerns with beginning construction based on the original phasing plan is peaceful enjoyment of the newly constructed. homes. The original Phase I location. i s .directly adjacent to the. model complex and parking lot. This will be a business establishment. for the approximately 18 months that Warmington will be conducting sales from this .facil.ity. Lastly, Warmington is constructing public access areas as part of the.. Grand Marina .village and would like to see this public access available at the beginning of the project. g the phasing, vllarrrin g ton can complete these areas at the outset and have no access problems or.delay in usage and enjoyment of these areas. safe access to all the amenities of the community would enhance the area for Grand Marina homeowners and the public. Given the safety and access concerns cited by Warmington, staff recommends that the Affordable Housing ..Agreement be amended. to revise the Phasing Plan attached as Exhibit C to the Agreement. In addition, staff. recommends that the Agreement be amended to provide the Executive Director with the authority to carry out activities and execute documents necessary to implement the Agreement. FINANCIAL IMPACT There is no financial impact from approving the .first amendment to the Grand Marina Village Affordable Housing Agreement to modify the phasing plan. Honorable Mayor and February 10, 2010 Members of the City Council Page 3 of 3 Honorable chair and Members of the Community Improvement Commission RECOMMENDATION Approve an Amendment to the Grand Marina Village Affordable lousing Agreement and authorize the Interim city Manager/Interim Executive Director to execute the Amendment. Res ectfully submitted Michael T. Pucci, Executive Director City of Alameda Housing Authority Exhibit: 1. Amendment to Affordable Housing Agreement RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Community Improvement Commission of the City of Alameda 950 west Mall. Square, 2` Floor Alameda, California 94501 Attention: Development Services Director Space Above This Line for Recorders Use Only) [Exempt from recording fee per Gov. Code 27383:1 FIRST AMENDMENT TO AFFORDABLE E HOUSING AGREEMENT This Amendment of the Affordable Housing Agreement, entered into this day of 2010, by and among the COMMUNITY IMPROVEMENT COMMISSION OF THE CITY OF A1...,AMEDA, a public body, corporate and politic "Commission the CITY OF ALAM =EDA., a municipai. corporation "City and WARMINGTON HOMES CALIFORNIA, a California corporation ":Developer is made with reference to the following: RECITALS: A. Cornnlission, City, and Developer entered into an Affordable Housing Agreern.ent Agreement") can October 30, 2008, which was recorded on November 3, 2005 ill the Official Records of A l arneda County, California. B. Section 4.5 of Article 4 of the Agreement authorizes Commission, City and Developer to amend the Agreement. C. Commission., City and Developer desire to modify the Agreement on the terms and conditions set forth herein. NOW, TIJEREFORE, it is mutually agreed by and among the undersigned parties as follows: 1. Article 2, Section 2.1 D of the Agreement is modified to read as follows: "Developer shall construct the Market Rate Units and Affordable Units according to the phasing schedule attached as Exhibit C and incorporated herein "Phasing Schedule such that: one (1) of the units to be sold to and occupied by very Low Income Households shall be constructed ill Phase I; one (1) of the units to be sold to and occupied by Low Income Households, and one (1) of the units to be sold to and occupied by Moderate Income Households, shall be constructed in Phase II; one (1) of the units to be sold to and occupied by Low Income households, and one of the units to be sold to and occupied by Moderate Income Households, shall be constructed in Phase III; and one (1) of the units to be sold to and occupied by very Low Income Households, one (1) of the units to be sold to and occupied by Low Incone Households, and three (3) of the units to be sold to and occupied by Moderate Income Households, shall be constructed in Phase IV." Exhibit Agenda Item 2-16=10 2. Article 4, Section 4.5 of the Agreement is modified to read as follows: "This Agreement may be amended only in writing by Commission, City and Developer. Notwithstanding the previous sentence, the Executive Director is hereby authorized, empowered, and directed to do all such acts and things and execute all such documents as may be necessary to implement the provisions of this Agreement as executed." 3. Except as expressly modified herein., al.] other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, Commission, City and Developer have caused this First Amendment to the Aizt to be executed on them behalf by their respective officers thereunto duly authorized. [Signature page follows] -2- IN WIT NESS WFIEREOF, Coni.rTilssion, Cit and Developer have caused this A to be executed on their behalf b their respective officers thereunto dul authorized. APPROVED AS TO FORM: General Counsel APPROVED AS TO .FORM: Teresa L. Hi Cit Attorne COMMISSION: COMMUNITY IMPROVEMENT COMMISSION OF THE CITY OF ALAMEDA, a public bod corporate and politic ISi g nature mug be notarizeell Ann Marie Gallant Executive Director CITY: CITY OF ALAMEDA, a municiptal corporation Si g nature mun be notarized] Ann Marie Gallant Interlm Cit Mana RECOMMENDED FOR A ROVAL: Michael T. Pucci Executive Director Cit of Alameda Housin Authorit ..3_ DEVELOPEi W ARMINGTO N HOMES CALIFORNIA, Cal ifomia Corporation B y/ js'i tore r i be ttolarized] r Print Name, Its: I3y; [Signature must be rrcttrrr ized j L`1 t .Its: State of California i COUn ty of t be Dre nne x.191 C, (here �n a insert acme ran.. Artie of the off ices p er sonally appeared who proved to me on the basis of satisfactory evidence to be th per on (e) whose name ism subscribed to the within instrument and acknowledged to me that he /fey executed the same j 1 11isl.4c4. authorized capacity( and that by his1�� signature(&) on the instrUMcilt the perso'n(-Y4, or the enti u pon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY unde the laws of the State of Califu rnia that the foregoing paragraph is true and correct. ROSIN L. NERM WITNESS my hand and ofl i ci al sel'i l L missComion 73 066 Notary. PUM COMOM10 .Contra CO C oun ty. 'qV 2011 S i gll attire. (S State of Californit".I County of, o r, ---before me, insert ri,cr .r. Ctrzet titl ofthe o personflily appeared who p raved to me can the basis of Satisfactory evidence to be the person(s) whose narne(s) is/are subscribed Co the within inst rument and acknowledged to rye that helsholthey executed the same in his/her/their authorize(t capacity(ies and that by 11is /leer /tlicir sign(ature(s) on the inst Urnent the person(s), or the entity tipon bel atf of which the persons) acted, executed fire illstIlInlei I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true aced correct. w `TN11SS my hand and official seal. Signature (Seal) State of California County of On before me, (here insert name and title off the officer), personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose narne (s) is /are Subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his /her /their authorized capacity(ies), and that by his/her /their signature(s) on. the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY of PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.. Signature (Seal) EXHIBIT C Phasing Schedule Exhibit C UdWL4hl FIa U (,tp •W Ot 60 Z f InOA0 OmP UOIdAaP 6?.QX3 '1'Q! qx3 LQQL S`'or 0C4 q► C?"3"t, t I i Y^+^� cW ZE n E r V 1 f g E f GRAND MARINA MIX 2/9/2010 PHASE LOT PLAN ELEVATION S1R BMR MODEL 15 3 A 5 16 2 B B 4 1 1 G R MODERATE 7 2 2 A S 13 3 1 A 5 VERY LOW 4 3 A B 5 2 A R 6 1 c R LOW 7 3 B R S 1 A S MODERATE 9 3 B R 10 1 c s MODERATE 11 2 B S 12 6 2 A S 3 17 3 A R 18 2 A R 19 3 B R 20 1 c R MODERATE 21 3 B R 22 1 c R LOW 23 3 A R 24 2 A R 2 25 3 B S 26 1 A S LOW 27 2 A B 28 1 c B MODERATE 29 2 B B 30 3 A B 31 2 B s 32 3 B B 1 33 2 B B 34 3 A R 35 2 A R 36 3 A R 37 2 A B 38 1 c B VERY LOW 39 3 B S 49 2 A R BD 13 2 A S 14 2 B S S STANDARD PLAN AS DRAWN R REVERSED PLAN PLAN ELEVATION 1 A B c 3 7 19 2 19 6 18 3 7 7 14 29 13 7 40 CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the city Council Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority Honorable chair and Members of the Community Improvement Commission From: Ann Marie Gallant Interim City Manager/Interim Executive Director Date: February 18, 2010 Re: Consider SunCal's Requests to: (1) Approve an Addendum to the Exclusive Negotiation Agreement between SunCal and Alameda Requesting modification to Certain Terms Including Extending the Terra of the Agreement to July 20, 2012; and (Z) Retract the Notice of Default Sent by Alameda Regarding SunCal's Performance under the ENA 11 1 i III Can July 18, 2007, the Alameda Reuse and Redevelopment Authority (ARRA), Community Improvement Commission (CIC), and City of Alameda {together "Alameda approved an Exclusive Negotiation Agreement (ENA) with SCC Alameda Point LLC (SunCal), for redevelopment of Alameda Point, approximately 918 acres of the former Naval Air Station Alameda (NAS Alameda). Subsequent to approval of the ENA, SunCal conducted technical infrastructure and engineering analyses and held several community workshops to inform the preparation of their plan for the site. Through this planning process, SunCal decided that a project consistent with Article xxvl. of the. City's Charter (Measure A), which restricts housing density in the city, would not be financially feasible. This decision represented a change from the commitment SunCal made to Alameda to entitle. a pleasure A- compliant project in their response. to Alameda's Request for Qualifications (RFQ) for a blaster Developer for Alameda Point dated December 4, 2008, which served as the basis for SunCal's selection as Master Developer. ENA Extensions SunCal requested, and Alameda agreed, to amend the ENA by postponing various mandatory performance milestones (i.e., submission of a Development concept, Infrastructure Plan, Business Plan, and Entitlement Application, including a Master Plan) by six months. The First Amendment to the ENA was executed in March 2008. CC /ARRA/C I C Agenda Item #3-A 2 -16 -10 Honorable Chair and February 10, 2010 Members of the Alameda Reuse and Redevelopment Authority Page 2 of 7 Honorable Mayor and Members of the City Council Honorable Chair and Members of the Community Improvement Commission In October 2008, SunCal requested, and Alameda granted, a Second Amendment to the ENA to (1) transfer ownership interest in SCC Alameda Point LLC.to a new entity and to (2) create a process that allowed SunCal to pursue a ballot initiative for a non Measure A- compliant land use entitlement at Alameda Point. This ballot initiative was to occur at an election to be held in early November. 2009. The transfer of ownership interest was required to .incorporate D.E. Shaw, an investment firm located in New York, as an investment partner. into a joint venture with SunCal. A joint venture with D.. E. Shaw was requested by SunCal in order to facilitate the continued funding .of the ENA entitlement process for. Alameda Point. Since October 2008, numerous SunCal development projects have experienced ..financial difficulties, such as the Oak Knoll Naval Hospital redevelopment in Oakland, the Marblehead Coastal project in San Clemente, and a 55,0.00 -acre project on. the crest side of .Albuquerque, New Mexico. Many of these projects have since entered bankruptcy or become the subject of foreclosure proceedings. With regard to the ballot initiative process, the amendment provided that in if the initiative failed at the November 2009 ballot, SunCal would be permitted to submit an Optional Entitlement Application (OEA) by January 15, 2 approximately 80 days subsequent to the November 2009 election.. This:0EA.would be for a project consistent with the City charter (Measure A .compliant) that could be processed within the overall timefrarne of the ENA. The amendment did riot .provide SunCal with. the ability to pursue a second ballot initiative, nor did it contemplate extending the term of the ENA for processing of an OEA. In December 2008, SunCal submitted to Alameda an Entitlement Application, including a Faster Plan, Infrastructure Plan and Business. Plan, in accordance with the ENA. The December 2008 Master Plan was reviewed by Alameda, as well as numerous City boards and commissions, but could not be formally accepted because it was inconsistent with the City's Charter, and an Environmental Impact Report had. not been completed. The Master Flan did .not propose specific. development standards for the project nor modifications to the City's development procedures, processes or fee structure. The ENA required, as a .man.datory milestone, that Alameda and SunCal jointly develop a project pro forma by December 1 9, 2008. Because there was no mutual agreement between SunCal and Alameda on the business terms for the disposition and development of the project by that date, the project pro forma mandatory milestone was deemed waived by Alameda under the terms of the ENA. On March 28, 2009 SunCal submitted the Alameda Point Revitalization Initiative (Initiative) to the City. The Initiative included a Charter Amendment, General Plan Amendment, zoning Amendment, Specific Plan and Development Agreement (DA), the Honorable Chair and February 16, 2010 Members of the Alameda Reuse and Redevelopment Authority Page 3 of .7 Honorable Mayor and Members of the City Council Honorable Chair and Members of the Community Improvement Commission details of which were not negotiated with Alameda. The .Specific Plan contained specific development standards, procedures, and processes that. differed from standard processes prescribed by the Alameda Municipal Code (AMC the DA also included fee waivers inconsistent with the AMC and financial :provisions that were not negotiated with nor agreed to in principle by Alameda. Signatures were collected by SunCal through early June, but not submitted.to..Alameda until September 23, 2009 later than originally anticipated by the process contemplated in. the Second Amendment to the ENA. Asa result, the Initiative .did not qualify in time for a Neve be.r.20o9. special election. lather, on November 3, 2009, the Initiative was determir ed to nave qualified for the ballot, and the City Council set the election .for. February 2, 2010. Given the deadline outlined in the ENA for.an OEA submittal, SunCal submitted an OEA on January 14, 2010. The OEA submitted by SunCal consists of substantially tie same plan and processes contained. in .the I nitiative. on January 21, 2010 SunCal initiated a request by letter to the Interim City Manager that Alameda approve an ENA Addendurn that i) extends the term.of the ENA and. the. mandatory milestones for the Disposition and Development Agreement (DDA) and Navy Terra Sheet by two years; and (ii) requests agreement by the City not to. disapprove of the: OEA on the.. basis that the development contemplated in the OEA .is inconsistent with the City Charter and the AMC. This request was .presente.d to.Alameda at a closed session meeting .on January 26 2010 with an executed, unilateral EIVA Addendum.. (Exhibit 1 The. governing boards of Alameda directed. the Interim .City.. Manager /Interim Executive Director to schedule consideration of. the. request for. an ENA Addendum at a subsequent. public meeting. Consideration .of this. request is the first. action. before Alameda this evening. The ENA Addendum has not been negotiated between.. SunCal and. Alameda, as no preliminary drafts of this. docum were exchanged. Rather, it has been p by SunCal in executed and final form. for Alameda to consider. Accordingly, it is not a confidential document under the ENA. Notice of Default On February 2, 2010, the Initiative failed at the polls with. 85 percent of those participating in the erection voting against the initiative.. By letter dated February 4, 2010, Alameda provided. SunCal With a. Notice. of D6feiult.und the E NA for failure to achieve a mandatory, milestone, the .OEA, by th applicable date in the. ENA's schedule of performance (Exhibit 2). The Q.EA submitted by SunCal does not meet the requirements. of the: ENA. because the OEA conflicts. with the City Charter. The only gray for the OEA to avoi with the C.Ity Charter is fo.r..SunCal to either submit a Density Bonus Application for the project in compliance with the City's Density Bonus Ordinance, which SunCal has not done, or to seer an amendment to the City .Charter Honorable Chair and February 16, 2010 Members of the Alameda Reuse and Redevelopment Authority Page 4 of 7 Honorable Mayor and Members of the city council Honorable chair and Members of the community Improvement Commission through a second ballot initiative. However, the ENA affords SunCal no further opportunities to amend the city charter. Consistent with the terms of the ENA, SunCal has 30 days to cure the default. The issuance of a Notice of Default is an administrative action, which implements the terms of the ENA. Pursuant to the ENA, if a SunCal default is not cured, Alameda's governing boards have the discretionary right to terminate the ENA. On February 7, 2010, SunCal issued a response to Alameda's Notice of Default (Exhibit 3) and requested that Alameda retract the Notice of Default. This is the second request before Alameda this evening. DISCUSSION Two independent requests made, by SunCal are before Alameda: (1) approve an ENA Addendum, and (2) retract the Notice of Default. 1. Request to Approve an ENA Addendum The following summarizes .the. essential terms of SunCal's requested ENA Addendum and provides staff recommendations. for these proposed modifications to the ENA. A. SunCal is requesting a two -year extension of the .term of the ENA, as well as the DDA and Navy Term Sheet mandatory milestones, from July 20, 2010 to July 20 2012. The ENA was amended in 2008 to allover SunCal a single opportunity to submit and receive approval of a ballot initiative, and, if the initiative failed, an OEA. The initiative and/or IDEA were to be processed within the terra of the ENA. The ENA intentionally provided SunCal Frith. a limited number of opportunities to pursue entitlements. for the project so that if SunCal eras unable. to achieve ..the required entitlements and associated mandatory milestones within the specified tiaefrarne, Alameda. could pursue other options. Alameda did not grant to be committed beyond July. 2 to a master developer that proved to be incapable of entitling the property, postponing indefinitely Alameda's ability to return NAS Alameda to productive use. Given the decisive defeat .of t at the .polls, SunCal's pending default ..under the ENA, and concerns regarding other SunCal. development projects in bankruptcy or subject to foreclosure proceedings, circumstances .do not presently exist under which an ENA extension should be granted. Should SunCal cure the default notice within 30 days of the Notice of Default, more than five months remain for SunCal to pursue an Honorable Chair and Februar 16, 2010 Members of the Alameda Reuse and Redevelopment Authorit Pa 5 of 7 Honorable Ma and Members of the Cit Council Honorable Chair and Members of the Communit Improvement Commission OEA consistent with the Cit Charter, n a DDA, and ne a Nav Term Sheet. This is a re timeframe in which to determine the economic feasibilit and viabilit of an proposed development pro under ne B. SunCal is requesting Alameda's a not to disapprove of the OEA on the basis that the development contemplated in the OEA is prohibited b the Cit Charter or thp- AMC The ENA re that SunCal submit an entitlement application that .is complete, in that it includes "ail land useentitlem.e.nts and approvals it will. seek. from the.C.it However, the ENA Addendum would re the. City a not to disapprove the OEA .on the basis of its noncompliance w ith existin land use law,.includin Measure A. The Cit cannot process.a development application that is inconsistent with the Cit Charter, nor can the. Cit contra awa its discretionar auth to approve or disapprove a development application. Staff recommendation: Den the re to accept the terms of SunCaPs ENA Addendum, includin the re to extend the term of the ENA, g iven the aforementioned facts. 2. Re to Retrac Notice of Default B letter dated Februar 4, 2010, Alameda issued a Notice of Default to SunC.al under the ENA. There. is n discretionar decision. involved. in the:determinatio.n o.f.w.hether SunCal's OEA me .the re nts of the ENA. As provided .in the ENA, should a default occur for failure to co with a mandator mile a Notice of. Default is to be sent via certifi mail :or similar deliv with record of receipt, thus trig the. 30- da period to cure." %The. service of Notice of. Default on Februar 51 2010 etas .an administrative function of a Cit Mana implementin the terms of the ENA. However, the re b y sunC that the Cit Council "retract" the. Notice of Default would create awaiver of .the d and. of the .3 O-da y cure. per.iod mutuall -a in the ENA. This re discretionar decision before the.le bodies of Alameda who are part t o the ENA. Accordin the default .:and the impact of.waivin it are discussed below. Under Section 7.1.6 of the E SunCal h defaulted for failure to achieve a mandator milestone b the applicable date se forth in the mandator milestone Schedule of Performance. S failed to meet the ENA's mandator milestone re SunCal lo submit, once it opted to do so, an QEA. The followin outlines the reasons the OEA does not meet the re of the ANA, thus creatin the default: Honorable Chair and February 10, 2010 Members of the Alameda Reuse and Redevelopment Authority Page 6 of 7 Honorable Mayor and Members of the City Council Honorable Chair and Members of the Community Improvement Commission A. The OEA conflicts with the City Charter. Measure A limits development in Alameda in two gays: (1) it prohibits multiple dwelling units from being constructed in Alameda; and (2) it restricts the maximum density for residential development within Alameda to one housing unit per 2,000 square foot lot. (as interpreted and. implemented by City Council Ordinance No. 25.60 The development plan included .in SunCal's. O.EA .submittal includes multi- family housing .and densities planned at greater than one unit per 2,000 square feet in. direct contradiction to the City Charter. The Cover Letter to the..SunCal OEA discusses ways in which SunCal might cornply.wth Alameda law, but does not.commit to an approach or outline the steps that would .be necessary to compiy a particular. approach. As a result, SunCal's proposed OEA .does not meet the ENA's requirement that the OEA include all necessary approval applications. Alameda cannot anticipate, on behalf of SunCal, the manner in which the OEA should be modified and processed to meet Measure A's requirements. B. An attempt by SunCal to amend the City Charter would be contrary to the ENA. The ENA does not permit an OEA that does not comply with the City Charter, or that proposes to undertake an amendment to. the City Charter that .is not contemplated by the ENA. Under the terms of the ENA, if the Initiative is unsuccessful and SunCal elects to submit an IDEA, the OEA must be in compliance with the City Charter. C. The OEA does not corn I with the City's Densitv Bonus Ordinance. The OEA states that SunCal may apply the City's Density. Bonus Ordinance to the project, but the OEA does not include. a .Density Bonus Application, as required by the Ordinance. Once again, Alameda cannot process the.OEA if it does not include all of the necessary approval applications. Further, even if SunCal were to submit.a Density Bonus Application based on their. submitted .CEA, the project in the proposed OEA would not qualify for a density bonus. The Density Bonus. ordinance. requires submittal of a development plan illustrating that the "base" project.meets all. existing general .plan and zoning development standards, which includes compliance with Measure A. The OEA submitted by SunCal does not comply with Measure A, nor is a "base" plan which would comply with Measure A included. Retracting the Notice of Default would have the effect of waiving the default and the requirement for a cure, as provided in the ENA. SunCal has .30 days to cure its failure to submit an OEA that complies with the requirements of the ENA. This cure period is the City's procedural assurance of that timely performance. Should SunCal fail to cure Honorable chair and February 10, 2010 Members of the Alameda Reuse and Redevelopment Authority Page 7 of 7 Honorable Mayor and Members of the City council Honorable Chair and Members of the community Improvement Commission the default, pursuant to the terms of the ENA, the city may elect to terminate the ENA. This is a discretionary decision which is not before the legislative bodies at this tune. Staff recommendation: Derry the request to retract the Notice of Default. FINANCIAL IMPACT The proposed requests. do not modify the financial provisions contained in the ENA regarding reimbursement.of staff and Alameda third -party consultant costs. Therefore, there is no fiscal impact to the City's. General Fund, Community Improvement Commission, or Alameda Reuse and Redevelopment Authority budgets. Deny SunCal's request to approve an ENA .Addendurn requesting modification to certain terms including extending the term of the ENA to July 20, 201 2; and (2) Deny SunCal's request to retract the Notice of Default sent by Alameda regarding SunCal's performance under the ENA. Rdspectfully submitted, Jen fifer t De ty C y Manager Exhibits: 1. ENA Addendum 2. Notice of Default 3. SunCal request for dismissal of Notice of Default ETNA Addendum This EMA Addendum "Addendum amends that certain Exclusive Negotiation Agreement for Alameda Point dated as of July 18, 2007 by and among the City of Alameda ("City's), the Alameda Reuse and Redevelopment Authority .RR the C ommunity Improvement C ommission o the City of Alameda ('VIC and CC Alameda Point LIB "Develop as the s ame. has .been amen by the First Amendment to ENA dated as of March .6, 2008 and the Second Ainendmeut.to ENA dated as of October 7, 2008 (collectively, the "ENA"). A Unless otherwise indicated, initially capitalized terms used in this Addendum have the meanings set forth in the ENA. The undersigned parties agree as follows 1. Section 2.1 of the ENA. and Items A. 9 and 10 of the Schedule of Ferformalice (Exhibit B -1 to the FICA) are amended by .replacing the. date .July 20, 20 l o .wit i the date Ju ly 20, X012, thereby extending the Term of the ENA, and the Mandatory Milestone submission dates for the Finalized Davy Term. Sheet and DDA to July 20, 201 2. Exhibit B -2 to the .ENA (Nora Mandatory Milestones) is amended by replacing the date July 20, 2010 with the date July 20, 2012 in each of the pl aces it appear and there extendin the Non Mandatory Milestone completion dates to July 20, 2012, 3 Developer has submitted an optional Entitlement :Application p ursuant to the ENA on J anuar y 14. 2010 (the "Entitlement Application") which includes a req for vari entitlement approvals, including, v th�ut .limitati amendments. to the General Plan and AMC oning Co de aid approval of a Master Ilan o pecifie Flan) for development of Alameda Point. Developer shall have the right to su pplement, and. if necessa mo the Entitlement :Application pursuant to AMC Section 30-17, provided that the development plan desen in the rr�odified submittal is substantially consistent with the Master Plan. proposed as pad of the Entitlement .4ppl at The Entitlement Application. as revised by such ino.dific.4.ion. or. supplement and as of lerwis.e moamed by agreement of tie. City and Developer is referred to herein as th6 ."Deere opment Submittal 4. The. City agrees to process and subrr it for substw hive consideration and vote by the PlM-Ining Board and the City Coun.rcil. (a) certification of an. EIR for Which the "prof eet" (a defined by EQA) is the project described in the Development ub riittal, and (b) the ent and approvals req uested and/or othe rwise req uired to a pprove the D evelopm ent S and pet�n development of the project. 5. The City agrees that so long as the Development Submittal is consistent with the p rovisions of AMC Section 3 0-17 in effect as of the date .of this amend.alent, the City Council shall not disapprove the proj ect.deserihed. in the Development Submittalon. the. basis that such development is prohibited by any tith provis of the AMC o C charte 6. The parties agree that. the foregoing is required to .allow the. Developer the opportunity to apply for the increased residential density necessary to pay the price .and. meet the terms of payment that the Navy will require to transfer the Froj ect S ite to the .A.RRA. arid that .the ARRA will subsequently require to be paid by the Developer pu rsuant to the DDA. To f irther the pr ice and terms discussion with the Navy, notwithstanding any other provision of Section 20 of the ENA to the contrary, Alameda is authorized to communicat direc w ith the Navy r egarding C CIS: R R A/C C ENA Addendum Page 1 1/2 1/2010 E 1 to Agenda stern #3 -A 2.16-10 the prod ect without the presence of Developer being required, provided that Alameda shall promptly inform Developer of the occurrence and content of all such communications, Upon execution by Developer and Alameda of this Addendum, the provisions of this Addend-= shall constitute a written and binding amendment to the EN A. Except as expressly modified by the tens of this Addendum, the ENS, remains unchanged and in fill force and effect. SCC Alameda Pint, ITC, a Delaware limited liability company B (SZ a i r Stephan Z. Eli e f, Manager CITY: City of Alameda, a municipal {corporation B N ame: Title: Approved as to form: By: 'Name: Title: ARRA: Alameda Reuse and Redevelopment Authority, a joint powers authority formed under California law By: Approved as to form: Name: By: T itle: Name: Title: IC: C ommunity Improvement Commission of the City of Almneda, a public body, corporate and politic By: Approved as to form: Marne: By: Title. Name: Title: EMI. addendum Page 2 1 City of Alameda California in ice' February 4, 2010 2263 Santa Clara Avenue, Room 320 Alameda, California 945 01 -4477 A173280191.5 51 0.747.4700 Office 0 F ax 510.747.4704 o TDD 510.522.7538 CCIARR CIC E xhib i t 2to Agenda Item #3 -A 2 -16 -10 Milestone b Januar 15, 2010. SunCal's Submittal does, not, however, meet the re under the ENA for an Optional Entitlement Application, for the reasons set forth below. Accordin SunCal has not met this Mandator Milestone. SunCal's failure to meet this Mandator Milestone has tri SunCal's default. Under Section 7.1.6 of the ENA, SunCal shall have thirt da within which to cure this default. If SunCal fails to cure, Alameda has the ri to terminate the ENA. A. The Submittal is not an Optional Entitlement Application Because the Submittal Conflicts with the Cit Charter Article XXVI of the Alameda Charter (also known as Measure A) limits development in Alameda in two wa First, no multi-famil housin is permitted to be constructed in Alameda. See Alameda Cit Charter, Article XXVI, 26-1, 26-2. The onl exceptions to this prohibition allow rehabilitation or remodelin of existin multi- famil dwellin and replacement of specific, identified, Alameda Housin Authorit and senior citizens' units. Second, the maximum densit for residential development within Alameda is one housin unit per 2,000 s feet of land a densit of approximatel 21 units per acre), with the onl exceptions bein the "replacement units" described above and replacement of existin units that are dama or destro The development plan included in SunCal's Submittal includes multiple dwellin units. The Submittal also includes dwellin units at a densit of more than one unit per 2,000 s feet or 21 units per acre. Indeed, SunCal's Submittal includes land use areas with densities of g reater than 70 units per acre. Development of multi-unit housin and development at densities exceedin 21 units per acre, is in direct contradiction to the Cit Charter. SunCal's cover letter acknowled this. See Cover Letter to SunCal Submittal, p.4 ("The land use plan described in this Optional Entitlement Application seeks the abilit to construct, in some locations within the Alameda Point propert multiple dwellin units at a densit of more than one unit per 2,000 s feet of land area.") SunCal's cover letter to the Submittal indicates two theoretical approaches that SunCal mi use to achieve compliance with the Charter. Specificall SunCal indicated, ma be achieved either throu an amendment to Article XXVI of the Cit Charter of the Cit of Alameda or throu application of the Cit densit bonus ordinance." Thus, the cover letter su that SunCal will pursue either an amendment to the Cit Charter or application of the Cit Densit Bonus Ordinance. But the Submittal does not do an more than h about how SunCal mi compl with Alameda law in developin the Project, The Submittal does not commit to undertakin one or both of these two approaches for the Project. Nor does it explain how either of these theoretical approaches mi be implemented. Section 3.2.5.2 of the ENA re an Optional Entitlement Application to meet the criteria of an Entitlement Application. Thus, an Optional Entitlement Application "shall include the followin a an application for all land use entitlements and approvals it will seek from the Cit (Section 3.2.5.1) SunCal's Submittal does not commit to an approach and thus is unable to include all necessar approvals. On its face, the Submittal is not an Optional Entitlement Application within the meanin of the ENA. B. The Submittal is Not Application an Optional Entitlement Because SunCal Does Not and Cannot Compl with Cit Densit Bonus Ordinance 1. SunCal's Submittal Contains No A lication for a Densit Bonus A173280191.5 2 As provided above, in order for the Submittal to be considered an Optional Entitlement Application it must include "an application for all land use entitlements and approvals it will seek from the Cit To the extent SunCal seeks, as it stated in its cover letter it ma to appl the Cit Densit Bonus Ordinance to the Pro SunCal re specific approvals from the Cit and it failed to appl for those approvals in the Submittal. The Cit Densit Bonus Ordinance, adopted as Cit Ordinance No, 3012 on December 2, 2009 ("Ordinance" sets out numerous specific re for projects that seek to receive concessions or waivers under the Ordinance. First amon these is the re that an applicant submit a Densit Bonus Application. (Ordinance 30-17,4.a Not onl has SunCal not formall applied for the approvals it would need to utilize the Cit Densit Bonus because the Submittal included no Densit Bonus Application, SunCal's Submission does not contain the specific information re in a Densit Bonus Application. Perhaps more si the Densit Bonus Ordinance re that an applicant for a Densit Bonus must first present a "base" project that co mplies with existin g eneral plan and zonin re (Ordinance 30-17.4.b.1.) A "base" project would be one that is full compliant with the Cit Charter and, specificall with the. provisions of Measure A. For example, Alameda 's Preliminar Development Concept. ("P DC") provided for the development of 1,735 new units, at densities and dwellin unit t consistent with Measure A. Here, the Submittal does not contain a "base" project development plan, and si exceeds the densit permitted b Measure A. For example, the PDC project contains a Measure n A- compliant "base" of 1 735 units, where the Submittal, at 4,831 units, contains a far g reater number of units. The Submittal also lacks other re features of a Densit Bonus Application, includin a Project description providin affordable housin unit counts (Ordinance .30-17.4.b.2 a description of what specific concessions or incentives SunCal would re from the Cit as described in o rdinance 30-17. 10); and j ustifications f or wh concessions of increased de ns it to the Project would be necessar to provide for affordable housin cost (Ordinance .30-17.4-b-6). The Master Plan attached as part of the Submittal states onl that "When an applicant seeks a densit bonus for a housin development within the Plan Area, the Cit pro v ide the applicants with incentives or concessions for the production of hou units and child care facilities as described in Government Code section 65915." (Submittal Attachment 11� Alameda Point Master Plan, p.9-15.) This does not meet the re of the Densit Bonus Ordinance. The Submittal also failed to include an Affordable Housin Unit Plan, another re element of a Densit Bonus Application. (Ordinance 30-17,15.) An Affordable Housin Plan is re to include, for the dwellin units re to be made available at specific .l of affordabilit "Aff ordable Units") specific information about the Affordable Housin Units includin unit location, t and size; floor plans; tar income levels; phasin plans, marketin plans, and a financial pro forma. Id. Even had sun al submitted a Densit Bonus Application with all re elements, securin bonus units awarded under the Densit Bonus Ordinance "Densit y Bonus Units" requires the pro to adhere to man specific rules, none of which SunCal has demonstrated thatit will be able to adhere to. Affordable Units m e ust be constructed concurrentl with mark t-rate units and with comparable infrastructure, construction q ualit y and exterior desi and must be "Inte within the pro (Ordinance 30-17-8.) The statement appearin in the Alameda Point Communit Plan attached to the Submittal that "New affordable housin units should be AY73280191 e5 reasonabl dispersed throu the phases of development and "Affordable housin should be constructed so that it is coordinated with the overall residential construction pro (Submittal Attachment "F", Alameda Point Communit Plan, p.15) do not provide an information as to how SunCal would compl with this re In addition, all pro for which Densit Bonus Units are g ranted are re to be the sub of an "Affordable Housin Unit A (Ordinance 30-17.16.) Addition conditions are re for the Affordable Housin Unit A where the Affordable Units are for sale (Ordinance 30-17.17), and where the Affordable Units are for rent (Ordinance 30-17.18). The Submittal contains no information as to how SunCal would compl with this re either. SunCa) has failed to show in its Submittal a sufficient application for the approvals that would be re under the Densit Bonus Ordinance. 2. Even Were SunCal to Submit a Densit Bonus AIDIDlication Based on the Submi the P.roiect-in the Submittal Would Not Qualif for a Densit Bonus The Cit Densit Bonus Ordinance re submittal of a development pl .illustratin the that the "base pro meets all existin g eneral plan and zonin development standards, which includes compliance with Measure A. See Ordinance 30-17.4.b.1, cited in Section B. above. The Project as presented in SunCal's Submittal does not compl with Measure. A. Thus, even if SunCal were to submit a Densit Bonus Application based on the Submittal, the Pro would not be eli for a Densit Bonus. There are numerous aspects of the Submittal which do not compl with Measure A. For example, the Submittal contemplates. v hi densit development at levels of up to 40, 50 and 70 units per acre. (Submittal, Attachment Alameda Point Specific Plan, p.7-4) Measure A, however, limits densit to approximatel 21 units per acre, as described above. The hi densit units provided for in the Submittal.appear to represent a si portion of the Project. Elsewhere, the Submittal contempla! es multi- famil housin in all five of its residential land. use cate (Preservation .[fixed Use, Mixed Use, Residential Medium, Residential Medium Hi and Residential Hi and .multi-famil housin appears to represent a si portion of the Project. (1d. at 7-5) Accordin without a Measure A- compliant base plan, there can be no Densit Bonus. C. The Submittal as Not an Optional Entitlement Application Because SunCa I is Not Seek*ln to Amend the Charter'In Accordance wfth.the ENA The ENA does not permit an Optional Entitlement Application that does not compl with the Cit Charter. Rather, the EN A provides that if and onl if the Ballot Initiative is successful, an Optional Entitlement Application ma be submitted containin onl the approvals and entitlements necessar to permit development of the Project consistent with the .Ballot Initiative. (Section 3.2.5.2) If the Ballot Initiative was not successful, the Optional Entitlement Application was re to be complete and thus in compliance with the Cit Charter. (1d.) This structure is full consistent with the RFQ process, the initial EN A, and the ENA amendments. As y ou know, SunCal's involvement with Alameda Point dates back to its Response to the RFQ for a Master Developer for Alameda Point, dated De cember 4, 2006 Response"). The RFQ Response emphasized the importance of developin a project in accordance with the strict development standards imposed b the citizens of Alameda: "These standards are desi to preserve the histor of NAS Alameda and man existin structures, limit the number of units and the densit of development, provide affordable housin even be the statutor redevelopment re and promote mass-transit and transit oriented A,173280191 0 5 4 development, all while maintainin revenue neutralit for the Cit RFQ Response, p.5 (emphasis added), SunCal's RFQ Response stated in plain terms that Suncal's plan would f(rneet all of the polic g oals and objectives contained in the PDC and other polic documentsil and that Suncal was "full confident [the] polic g oals and objectives contained in the PDC will be successfull met." RFQ Response, p. 8. In other words, SunCal's initial commitment to the Project was a commitment to develop in accordance with Measure A. As ne between the Cit and SunCal pro the ENA was amended to allow SunCal an option to submit a development application that was not in accordance with Measure A. Specificall SunCal was permitted to put a Ballot Initiative before the voters of Alameda, (Section 3.2.5) As it was expected b all that an election would be held in November 2009, the Optional Entitlement Application was anticipated as a safe so that should the Ballot Initiative fail, SunCal could then submit a Measure A- compliant plan b Januar 15, 2010 Section 3.2.5.2). The election was actuall held on Februar 2, 2010 and the Ballot Initiative, which contained an amendment to the Charter, was rejected b the voters. The Januar 15, 2010 deadline remained in place, however, and when SunCal elected to submit an Optional Entitlement Application, the ENA re it to be in compliance with the Cit Charter, SunCal's Januar 14, 2010 Submittal is not in compliance with the Cit Charter,, The Submittal Cover Letter's listin of the contents of the application includes item P, "Charter Amendmen which in the "Purpose of Submittal" column cross-references Section 3 of the cover Letter. This section acknowled that the Submittal is not in compliance with the C.i t Charter, statin that the land use plan "ma be achieved either throu an amendment to Article XXVI of the Cit Charter of the Cit of Alameda or throu application of the Cit s densit bonus ordinance." Submittal Cover Letter, p.4. Thus, the Submittal is not an Optional Entitlement Application. A SunCal has failed to meet the Mandator Milestone of submittin an Optional Entitlement Application on or before Januar 15, 2010. The Cit wishes to further note that SunCal had one route to submit a non-Measure A-compliant development application, and it has been unsuccessful. It appears SunCal ma now beseekin another option: another election, As described above, the Submittal does not include an direct provisions for a Charter amendment; it appears SunCal is contemplatin a future Charter amendment, perhaps initiated throu a ballot measure to be placed before the voters of Alameda in some future election. ("This ma be achieved either throu an .amendment to Article XXVI of the Cit Charter of the Cit of Alameda Submittal Cover Letter, p.4 To the extent SunCal seeks y et another election on a non-Measure A compliant project, such further election is simpl not permitted under the terms of the ENA. The Cit of Alameda has strict development standards pertainin to development densit as evidenced b Article XXVI of the Cit Charter and as acknowled b SunCal in its RFQ Response. The ENA was clear in its terms that SunCal had one and onl one wa in which to present a development plan rel on a Charter amendment, and onl one of those was an opportunit to present a plan directl to the voters of Alameda. SunCal has had its chance at the ballot box on Februar 2, 2010 and was not successful. SunCal ma not rel on an future election to extend the ENA, which expires on its terms on Jul 20, 2010. SunCal opted to submit an Optional Entitlement Application, thereb re SunCal achieve the Optional Entitlement Application Mandator Milestone b Januar 15, 2010. However, SunCal's Submittal does not fulfill the re of an Optional Entitlement Application under A,173280191.5 5 the ENA. The Cit Charter and the ENA to re either submission of a non-Measure A compliant plan that has been approved b the Cit voters, or submission of a Measure A- compliant Optional Entitlement Application. SunCal has provided neither, thereb defaultin under the ENA for failin to compl with a Mandator Milestone. If SunCal does not cure this default within thirt da Alameda will have the ri to terminate the ENA. Sincerel Ann M n Gallant y Interim Mana v� 1. Copies as providedin ENA: SCC Alameda Point LLC c/o SunCal Companies 2392 Morse Ave Irvine, California 92614 Attention: Marc Ma SCC Alameda Point LLC c/o SunCal Companies 2392 Morse Ave Irvine, California 92614 Attention: Bruce Cook Cal Land Venture, LLC c/o D.E. Shaw Co., L.L.C. 120 West 45th Street Tower 45, 39th Floor New York, New York 10036 Attention: Chief Financial Officer Courtes copies: Alameda Cit Council Alameda Cit Hall 2263 Santa Clara Avenue Alameda, CA 95401 SCC Alameda Point LLC c/o SunCal Companies 300 Frank H. O Plaza, Suite 342 Oakland, CA 94612 Attn: Am Freilich A/73280191.5 6 From: Pat Keliher To: Beverly Johnson Date: 2/612010 10:17 PM Subject: SunCal Response to City of Alameda's NOD and Press Release Pat Keliher <pke1iher @sunca1.corn> 2/6/2010 10 :17 PM Dear Mayor and City Council members, We were shocked that we received a notice of default on February 4, 2010 for the Optional Entitlement. Application (OEA) that we submitted on January 14, 2010 with the full knowledge of the Interim City Manager. The notice is littered with inaccurate and misleading statements. Moreover, the legal argument for deter mining the default is specious and relies on alleged requirements that simply do not exist in the ENA. For example, there is no requirement in the ENA that SunCal submit a Measure A compliant plan as is alleged in the NOD. In fact, that would be counter to the master plan and business plan accepted by the City, Which has been the basis of our negotiations for two years. On numerous occasions, the Interim City Manager maintains that a Measure A compliant plan is not financially feasible. At several of our meetings, she has frequently sought additional residential and commercial densities in excess of the OEA plan, rather than a reduction in density. The Notice of Default alleges obligations that do not exist in the ENA when it states that a density bonus application was a required submittal to meet a Mandatory Milestone, nog is it true when it states the plan submitted in the OEA cannot conform to a density bonus approach, when the City Council can make appropriate findings during the normal entitlement process. Moreover, we were even more surprised and disturbed to see that these specious legal claims used to determine the non existent default, were the subject of a City issued press release. It is simply bad form to deliver this notice of default as a press strategy and we do not understand why the City desires to create public controversy at every step of this process, rather than in working together in a mutually beneficial manner to implement a financial and environmentally viable plan for Alameda Point. While we are preparing a more thorough. response to the Notice of Default, we are compelled to respond immediately because of the City's erroneous press release. Following Tuesday's February 2, 2010 election, SunCal has become acutely aware that the community's desire for a better future for Alameda Point must follow a more traditional development process. We want to respect the community's desire, and will take our lead from the City Council. In accordance with the ENA, we are actively pursuing that vision and are eager to work with the City Council and the community of Alameda in good faith to ensure the future of Alameda Point and the City is secured. As clearly noted in the OEA. submittal, the Plan can be entitled either by City Council decision to place a charter amendment on the ballot or by use of a density bonus. Rather than pre determine the course the City would choose to take, we assumed that the City would work with us in good faith to craft the plan in a manner that net the City's preferred goals. In the absence of an ulterior motive, the proper way to handle this matter would have been to advise us through the planning department of the City's preferences and to advise us of additional submittals that might be required to conform to the newly adopted density bonus ordinance, if that were the City's preference. While we remain committed to working with the City Council and the community of Alameda in good faith, the City's actions over the last two days raise questions about whether it shares this commitment. As a result, we must begin to doubt the City's desire to ensure that the vision for Alameda Point is realized in a manner consistent With the City's responsibilities under the ENA, despite the numerous public statements to the contrary. SunCal has, and is, currently expending significant financial and staff resources on the preparation of an Environmental Impact Report, Which was approved by the City Council last October by a unanimous vote. We are continuing to perform under the terms of the ENA. Unfortunately, the use of City press releases for damaging unsubstantiated claims is becoming a major distraction and obstacle to the success of our mutual Alameda Point effort. We respectfully request that you withdraw this notice of default and that we work collaboratively on a plan that is best for the City of Alameda. Sincerely, Pat Keliher CUARRAXIC Exhibit 3 to Agenda item #3 -A 2 -16 -10