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2010-07-27 Joint CC ARRA CIC Packet5 l CITY OF ALAMEDA CALIFORNI y SPECIAL MEETING OF THE CITY COUNCIL TUESDAY JULY 27 -6:00 P.M. Location City Council Chambers Conference Room, City Hall, corner of Santa Clara Avenue and Oak Street A enda: 1. Roll Call City Council 2. Public Comment on Agenda Items Only Anyone wishing to address the Council on agenda items only, may speak for a maximum of 3 minutes per item 3. Adjournment to Closed Session to consider: 3 -A. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (54956.9) Name of case 9 5. Collins v. City of Alameda (Boatworks) Announcement of Action Taken in Closed Session, if any Adjournment City Council 3 �nkvl' dft" Beverly J n M 1yor CITY OF ALAMEDA CALIFORNIA SPECIAL JOINT MEETING OF THE CITY COUNCIL, ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY (ARRA), AND COMMUNITY IMPROVEMENT COMMISSION (CIC) TUESDAY JULY 27 7:00 P.M. Location: City Council Chambers, City Hall, corner of Santa Clara Arse and oak Street Public Participation Anyone wishing to address the Council /Board /Commission on agenda items or business introduced by the Council /Board /Commission may speak for a maximum of 3 minutes per agenda item when the subject is before the Council /Board /Commission. Please file a speaker's slip with the Assistant City Clerk if you wish to speak. SPECIAL MEETING OF THE CITY COUNCIL 6:00 P.M. CITY COUNCIL CHAMBERS Separate Agenda (Closed Session) PLEDGE OF ALLEGIANCE 1. ROLL CALL -City Council, ARRA, CIC 2. 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 /Board /Commission or a member of the public 2 -A. Minutes of the Special Joint City Council, ARRA and CIC Meeting Held on July 7, 2010. [City Council, ARRA, CIC] (City Clerk) 2 -B. Recommendation to Appoint Michael Krueger to the Oakland Chinatown Advisory Committee. [City Council] (Public Works) 2 -C. Recommendation to Authorize the Interim Executive Director to Sign a Letter of Agreement in the Amount of $9,690 with the Greater Alameda Business Association for FY 10 -11; to Enter into a Contract in the Amount of $89,993 with the Park Street Business Association for FY 10 -11; and to Enter into a Contract in the Amount of $81,676 with the West Alameda Business Association for FY 10 -11. [CIC] (Economic Development) 2 -D. Recommendation to Approve an Agreement with the City of Inglewood for Citation Processing and Collection Services. [City Council] (City Manager) 2 -E. Adoption of Resolution Authorizing the City of Alameda and the Alameda Fire Department to Access Federal Level Summary Criminal History for Emergency Medical Technicians. [City Council] (Fire) 2 -F. Final Passage of Ordinance Amending the Alameda Municipal Code by Amending Subsection 8 -7.11 (Recreational Vehicles, Trailers, and Boat Trailers) of Section 8 -7 (Parking Prohibitions) of Chapter VIII (Traffic, Motor Vehicles and Alternative Transportation Modes). [City Council] (Police) 3. CITY MANAGE RIEXECUTIVE DIRECTOR COMMUNICATION 3 -A. Correspondence to the United States Department of Transportation Requesting Denial of Alameda County's Proposal to Modify the Hours of Operation to Estuary Drawbridges. [City Council] (Public Works) 3 -B. Operational Budget Highlights [City Council, ARRA, CIC] 3 -C. Capital Budget Highlights [City Council] 4. AGENDA ITEMS 4 -A. Adoption of Resolution Reappointing Ian Couwenberg to the Housing Commission. [City Council] 4 -B. Public Hearing to Consider Adopting a Report on the Collection of Sewer Service Charges on the Tax Roll for Fiscal Year 2010 -2011. [City Council] (Public Works) 4 -C. Public Hearing to Consider Establishing the Proposition 4 (Appropriations) Limit for Fiscal Year 2010 -2011 and Adopt a Resolution Establishing Appropriations Limit for Fiscal Year 2010 -2011; and Adoption of Resolution for the City of Alameda Approving and Adopting the Operating and Capital Budget and Appropriating Certain Moneys for Said Expenditures in Fiscal Year 2010 -2011; Adoption of Resolution for the Community Improvement Commission Approving and Adopting the Operating and Capital Budget and Appropriating Certain Moneys for Said Expenditures in Fiscal Year 2010 -2011; Adoption of Resolution for the Alameda Reuse and Redevelopment Authority Approving and Adopting the Operating and Capital Budget and Appropriating Certain Moneys for Said Expenditures in Fiscal Year 2010 -2011. [City Council, CIC, and ARRA] (Finance) 4 -D. Recommendation to Approve Reimbursement Agreement with VF Outdoor (SRM Associates). [City Council] (Economic Development) 4 -E. Recommendation to Approve the City of Alameda's Real Estate Asset Management Policy. [City Council, ARRA, CIC] (City Manager) 4 -F. Recommendation to Approve a Cooperation Agreement between the City of Alameda, Alameda Reuse and Redevelopment Authority and the Alameda East Bay Miracle League. [City Council, ARRA]; and Adoption of a Resolution Supporting the Alameda East Bay Miracle League Efforts to Construct Miracle Park, Which Will Provide Special Needs Persons with the Opportunity to Play Baseball as Team Members in a Formally Organized Baseball League in the City of Alameda. [City Council] (City Manager) 4 -G. Adoption of Resolution Authorizing the Sale of 2216 Lincoln Avenue, Approving a Purchase and Sale Agreement Between the City of Alameda and Community Improvement Commission, and Authorizing the Interim City Manager to Execute the Agreement and Related Documents. [Requires Four Affirmative Votes] [City Council]; and Adoption of Resolution Authorizing the Purchase of 2216 Lincoln Avenue, Approving a Purchase and Sale Agreement Between the City of Alameda and Community Improvement Commission, and Authorizing the Interim executive Director to Execute the Agreement and Related Documents. [Requires Four Affirmative Votes] [CIC] (Housing Authority) 4 -H. Adoption of Resolution Calling a Consolidated Municipal Election in the City of Alameda on November 2, 2010, for the Purpose of Submitting to the Electors a Proposal to Amend the City of Alameda Charter by Repealing Article XXVII on Compulsory Arbitration for Firefighters; and Proposing Said Charter Amendment; Adoption of Resolution Calling a Consolidated Municipal Election in the City of Alameda on November 2, 2010, for the Purpose of Submitting to the Electors a Proposal to Amend the City of Alameda Charter by Adding Sections 3 -20, 17 -18 and 21 -2 regarding Budget Authority of the City Manager and City Council; and Proposing Said Charter Amendments. Adoption of Resolution Calling a Consolidated Municipal Election in the City of Alameda on November 2, 2010, for the Purpose of Submitting to the Electors a Proposal to Amend the City of Alameda Charter by Section 3 -18 to Allow the City Clerk to Reject All Legal Advertising Bids; by Amending Section 10 -3 to Add a Member to the Public Utilities Board and Convert the City Manager into a Nonvoting Member; By Amending Section 12 -1(C) to Add Restrictions to Public Utilities Board Contracting; and By Repealing Section 22 -8 Regarding the Hours of City Offices; and Proposing Said Charter Amendments. [City Council] (City Attorney) 5. COUNCIL REFERRALS Matters placed on the agenda by a Councilmember may be acted upon or scheduled as a future agenda item 5 -A. Consider Directing the Interim City Manager to Prioritize an Alternative Process and Plan for Alameda Point. (Councilmember Matarrese) 5 -B. Discuss/Take Action on the City Attorney Policy of Not Providing Legal Opinions to Councilmembers in Advance of Meetings. (Councilmember Gilmore) 6. COUNCIL COMMUNICATIONS (Communications from Council) Councilmembers can address any matter, including reporting on any Conferences or meetings attended 6 -A. consideration of Mayor's nomination for appointment to the Public Utilities Board. 7. ADJOURNMENT -City Council, ARRA, CIC everly h yor Chair, AR d C Materials related to an item on the agenda are available for public inspection in the city Clerk's Office, City Hall, Room 380, during normal business hours Sign language interpreters will be available on request. Please contact the City Clerk at 747- 4800 or TDD number 522 -7538 at least 72 hours prior to the Meeting to request an interpreter Equipment for the hearing impaired is available for public use. For assistance, please contact the city clerk at 747 -4800 or TDD number 522 -7538 either prior to, or at, the Council Meeting Accessible seating for persons with disabilities, including those using wheelchairs, is available Minutes of the meeting available in enlarged print Audio Tapes of the meeting are available upon request Please contact the City Clerk at 747 -4800 or TDD number 522 -7538 at least 48 hours prior to the meeting to request agenda materials in an alternative format, or any other reasonable accommodation that may be necessary to participate in and enjoy the benefits of the meeting UNAPPROVED MINUTES OF THE SPECIAL. JOINT CITY COUNCIL ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY (ARRA) AND COMMUNITY IMPROVEMENT COMMISSION (QLQ MEETING WEDNESDAY- -JULY 7 2010- -7:32 P.M Mayor Johnson convened the meeting at 7:34 p.m. Roll Call Present: Councilmernbers deHaan, Matarrese, Tarn, Gilmore and Mayor Johnson 5. Absent: None. Consent Calendar Councilmember /Board Member /Commissioner Matarrese moved approval of the Consent Calendar. Vice Mayor/Vice Chair /Commissioner deHaan seconded the motion, which carried by unanimous voice vote 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] 10-349 CC/ARRA/10-51 CIC Minutes of the Special Joint City Council, ARRA and CIC Meeting held on June 1, 2010; and the Special Joint City Council and CIC Meeting and the Special Joint City Council, ARRA and CIC Meeting held on June 15, 2010. Approved, City Manager/Executive Director Communication -350 CC /ARRA /10 -52 CIC Semimonthly Update on SunCal Negotiations The Deputy.. pity Manager Development Services provided an update on SunCal activities since the June 15 meeting. Councilmernber /Board Member /Commissioner Gilmore inquired whether staff and SunCal closed the loop so that the EI R is moving forward and about the status of the process. The Deputy City Manager Development Services responded the notice of preparation gent out and the EI R process was kicked off; stated the key element is the project description, which staff has been finalizing; if the City moves forward with SunCal beyond after July 20 the project description will be read and the EIR process will Y p continue. Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission July 7, 2010 (10 -351 CC /ARRA /10 -53 CIC) Presentation on SunCal Modified Optional Entitlement Application (MOEA) The Deputy City Manager Development Services gave a Power Point presentation on the SunCal Modified optional Entitlement Application. Councilmember /Board Member /Commissioner Tara inquired if the submittal of the consolidated supplemental documents made the MOFA complete, to which the Deputy City Manager— Development Services responded in the affirmative. Councilmember /Board Member /Commissioner deHaan stated in an October 2009 closed session, Suncal's request for an extension was turned down. The Interim City Manager /Executive Director stated an extension was also requested in June 2009. Jim Musbach, Economic Planning Systems (BPS), and the Deputy City Manager Development Services gave a Power Point presentation on the OEA pro forma and fiscal neutrality. Vice Mayor /Board Member /Commissioner deHaan inquired whether there is an analysis of sea -level rise and the levy system. The Deputy City Manager Development Services responded the issues regarding sea level rise and the infrastructure requirements were not part of the analysis, but staff has looked at the issue and SunCal provided infrastructure plans; the City's Civil Engineers have reviewed the plans, and still have questions; the pro forma, includes fill to mitigate 18 inches of sea level rise and possible easements to allow for a future levy system if the sea level rise exceeds 18 inches. Vice Mayor /Board Member /Commissioner deHaan inquired if there is a cost analysis on the levy system, to which the Deputy City Manager Development Services responded in the affirmative; stated there are preliminary cost estimates. Vice Mayor /Board Member /Commissioner deHaan inquired whether the remediation or foundation requirements for a 5 or 8 -story building was included in the evaluation, to which the Deputy City Manager Development Services responded in the affirmative: stated that the direct construction cost for multi- family buildings was found to be reasonable. Vice Mayor /Board Member /Commissioner deHaan inquired if pro forma includes the loss of approximately $2 million a year, which will occur when the buildings that are currently producing lease revenue are demolished. Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and 2 Community Improvement Commission July 7, 2010 The Deputy City Manager Development Services responded revenue is not estimated as a phase gets taken down, with exception of the MAR.AD lease; stated less and less lease revenue is assumed as the project progresses. Councilrnember /Board Member /Commissioner Matarrese inquired if the loss is included, to which the Deputy City Manager Development Services responded the implied loss is implied and is in the calculation. Mayor/Chair Johnson inquired if calculations were run without tax increment, to which the Deputy City Manager Development Services responded in the negative; stated the focus was on the issues with SunCal; staff wanted to hold as much constant to see the impacts of particular assumptions; an analysis can be done, it just has not been done. In response to Mayor/Chair Johnson's inquiry about impacts, the Deputy City Manager Development Services stated the impact on the bottom line could be pretty significant for the approximately $211 million in total bonds from both the non housing and the housing tax increment. Councilmember /Board Member /Commissioner Gilmore inquired whether sale listings, as opposed to sold homes, were included when valuation was calculated. Mr. Musbach responded the current information is what EPS and staff could get at the time. Councilmember /Board Member /Commissioner Gilmore inquired whether or not there were enough actual sales to run the calculations. Michael Neeman, EPS, responded staff looked at Bayport sales in comparison to citywide sales to forecast Alameda Point home values; stated EPS staff reviewed the current listings to check if projections are consistent with Alameda Point values to date. The Deputy City Manager Development Services stated there is a graph in the market report that shoves Bayport listings compared to citywide sales; four units have been sold in the Grand Marina project; square foot costs were reviewed and are consistent with the listing costs for the Bayport project. Councilmember /Board Member /Commissioner Tam inquired about the financial feasibility implications; stated the results indicate an Internal Rate of Return (IRR) of 12% if public subsidies, property management, adaptive reuse, and commercial program assumptions are not addressed. The Deputy City Manager Development Services responded the -12% assumption used the recommended EPS and Public works revenues and costs; the analysis started with the SunCal baseline; then, the assumptions deemed to be more realistic were Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and 3 Community Improvement Commission July 7, 2010 made; since there was disagreement on some of the assumptions, staff did not want to change anything; underlying assumptions embedded in the analysis still have to be determined and negotiated. CouncilmemberlBoard Member /Commissioner Tams inquired how much would the IRR gain if the assumptions are revised. The Deputy City Manager Development Services responded SunCal is requiring an IRR of 20 to 25 so -12% is not a feasible project; stated staff tested the sensitivity; using SunCal's assumption for the single family home values, the IRR increases by 10% points; assuming the average single family price premiums, the IRR increases by 3% points; with SunCal's single family direct construction costs, the IRR increases by 8% points; the cumulative effect of these three changes result in the 14% IRR rather than the -12% IRR, which is still well below the 20 to 25% required by SunCal in the ENA; the three changes do not add up to 14% is because a compounding effect happens when you add of the changes into the pro forma at the same time; moving forward on a project with unrealistic assumptions presents significant risks to the City and to the developer. Councilmember /Board Member /Commissioner Matarrese inquired whether the land payment is still an absolute figure of $108 million or is the premium per house above a threshold that adds up to $80 million, assuming $40 million for cleanup, to which the Deputy City Manager Development Services responded SunCal's proposal. is a $10 million up -front payment and $50,000 per unit starting with the first unit in phase three, which is different than what was in the draft term sheet agreed to with the Navy, but does add up to $108 million. Mayor /Chair Johnson inquired if there is another possibility that the developer could come back to the City to renegotiate the deal, to which the Deputy City Manager Development Services responded in the affirmative; stated if SunCal is unable to fulfill requirements and scale back on the assessments promised, they would have to come back to renegotiate in order to keep the deal. CouncilmemberlBoard Member /Commissioner Gilmore inquired about a discussion a while ago regarding holding the developers feet to the fire and having protections and a phasing approach to try to ensure that the City would get ghat is important to the community. The Deputy City Manager Development Services responded staff would absolutely want to incorporate all of those things into the DDA; stated ultimately, the bigger issue is whether to move forward on a project that is financially risky for the City or one that has the financial performance or underpinnings for an entirely feasible project so the City is not left with unfinished phases. Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and 4 Community Improvement Commission July 7, 2010 Councilmember /Board Member /Commissioner Gilmore stated the Navy ultimately has to get paid and that needs the same security as well. Mayor /Chair Johnson inquired whether the Navy has reviewed the pro forma, to which the Deputy City Manager Development Services responded in the negative; stated staff has not engaged the Navy regarding the pro forma; staff has to collectively be on the same page, and then approach the Navy with what is realistic; staff is not ready to do so. Mayor /Chair Johnson inquired how much is currently in the pro forma for the transportation solutions, including the relocation and construction of a new ferry terminal and Bus Rapid Transit (BRT) within the City, to which the Deputy City Manager Development Services responded an estimate of $8g to $8g million. Council mernber /Board Member /Commissioner Gilmore stated the question she has arrays asked is how much density is needed in order to make transit work, which may be a very different number than how much density is needed to make the project itself. work. The Deputy City Manager Development Services stated upcoming slides in presentation should answer part of the question; the ultimate conclusion is that the Transit Oriented Development (TOD) programs make a difference and significantly reduce the impacts associated with traffic; however, the solutions do not eliminate all impacts. The Planning Services Manager gave a brief presentation on TOD. Councilmember /Board Member /Commissioner Gilmore stated the City is not looking to AC transit to fund additional bus lines, but looking for the project to spin -off enough money to pay for additional transit services. Mayor /Chair Johnson stated the price for the homes and added fees do not seem realistic. The Deputy City Manager Development Services stated staff agrees and has concerns as to whether the project is going to be able to support fiscal neutrality and if there really is enough value to support assessments. Vice Mayor /Board Member/Commissioner deHaan inquired whether there are examples of TOD, how the development was financed, what kind of surcharges are required to make it work, and what safeguards make sure TOD lasts. The Panning Services Manager responded there was a similar approach to Alameda Landing, which is not built out yet; an assessment, not something that can easily be Special Joint Fleeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and 5 Community Improvement Commission July 7, 2010 changed later, is needed to ensure an ongoing, annual source of money; studies of how much other developments charge for transit have been reviewed. Vice Mayor /Board Member /Commissioner deHaan inquired whether the city could require surcharges for the development to mitigate the problems that will occur within the rest of the City due to of the development. The Deputy city Manager Development Services responded the assumption is that the project has to be able to support the cost of any required annual operating subsidy, even if users outside of the city use it. Councilmember /Board Member/Commissioner Tara inquired if there has been a sensitivity break point analysis between the total cost and the total number of units needed to make the transit robust and feasible not just for Alameda Point, but for the rest of the island, so that the number of car trips is reduced through the. tube; g ave Vallejo, Mare Island and Lennar as examples where there have been issues of stated there is no way to bring decent transit out to Mare Island, so some units pay $9,000 a year in assessments; inquired if there has there been some sort of breaking point between all competing issues being balanced. The Deputy city Manager Development Services responded it is complicated .because everything is interrelated; isolating transportation is hard and depends on what is being proposed from a land use standpoint; kinds of densities and values determine what the project can support; an analysis has not been done. The Planning Services Manager stated the short answer is no, there is not a magic number or a break point because a smaller project generates less .annual assessment to run transportation; however, if things do not work out with a smaller project, there is less risk because the smaller project generates less traffic and if .the transportation program cannot be funded because of some unforeseen problem, the p ro'ect would cause traffic impacts than a much larger project; with a larger project.and more units, a lot more traffic is generated, but there is also a lot more money generated by additional units; the transportation strategy for Alameda Point has to be a transportation strate gy for the rest of the Island; the problem is if the pro forma is overly optimistic and ten years from now all these units have been built and transportation money runs out, there would be a very serious transportation problem. Mayor /Chair Johnson stated the other fundamental issue is that transportation systems are just not that good; realistically, the City cannot assume that that people will use the transit system. Vice Mayor /Board Me mber /Commissioner deHaan stated traffic is outbound in the morning and inbound in the evening; residential is being looked at for the funding stream, instead of light industrial and commercial, which should be looked at for Special Joint Meeting Alameda city council, Alameda Reuse and Redevelopment Authority, and 0 Community Improvement commission ,duly 7, 2010 funding. Councilmember /Board Member /Commissioner Gilmore stated the section of Oakland right out side the tube would be flooded with traffic; the City needs to work with Oakland to mitigate the issue. Councilmember /Board Member /Commissioner Matarrese stated that he has been asking for the commercial transportation plan since the PDC; the pro forma should be run with a reduced number of units; the commercial aspect is absolutely critical. Councilmember /Board Member /Commissioner Tara inquired whether there is an estimate or assumption about ghat portion of the Alameda Point residents would work at the 9,000 replacement jobs at Alameda Point. Councilrnember /Board Member /Commissioner Matarrese stated an estimate has not been done since there is no commercial plan; that he has not seen a reliable number; tax increment is not reliable; keeping the public subsidy as a constant is optimistic on the City's part. Mayor/Chair Johnson stated the tax increment needs to be addressed; inquired how the difference would be made up if the State keeps taking more and more away. The Deputy City Manager Development services responded staff could run some sensitivity at different levels of public subsidy to see the impact on financial feasibility and bring that to Council at the July 20 meeting. "Vice Mayor /Board Member /Commissioner deHaan concurred with Councilmerrberl Board Member /Commissioner Matarrese about the commercial and light industry not being identified or analyzed in the pro forma, which is a very substantial void; stated the City should look at the Harbor Bay model and where the marketplace is right now. The Deputy City Manager Development Services stated there is no market plan or business plan to really understand the strategy for attracting businesses. Vice Mayor /Board Member/Commissioner deHaan inquired whether some information could be obtained by July lo th The Deputy City Manager Development services responded staff would be meeting with SunCal tomorrow and would check on the status of said issue, and also address the school issue, which Mayor/Chair Johnson mentioned; stated the project can be described and falls into the "transit town center" concept of moderate land use densities and a clustering around transit. Councilmember /Board Member /Commissioner Matarrese requested examples of other Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and 7 Community Improvement Commission July 7, 2010 transit town centers in the Bay area that are comparable. The De�uty City Manager Development Services stated staff would come back on July 20 with examples of existing transit town centers to get a sense of the look and feel. Mayor/Chair Johnson inquired what kinds of transit serves transit town centers, as BART does not serve Alameda. Vice Mayor /Board Member /Commissioner deHaan inquired what mechanise is used to make the determination that SunCal and its partners have the financial wherewithal and ability to even enter into a project of this nature, to which the Deputy City Manager Development Services responded at this point, no financial assurances have been provided to the City. Mayor/Chair Johnson inquired if SunCal would do the underground infrastructure, to which the Deputy City Manager Development Services responded in the affirmative; stated SunCal would do the horizontal or backbone infrastructure to serve the project; SunCal prepares the large parcels or super pads of land, which are then sold to the vertical market; vertical builders build what is called in -tract infrastructure within the super pads. Mayor/Chair Johnson inquired how much SunCal has to come up with for the first 5 years or so. The Deputy City Manager responded staff would come back on July to with said number. Counciln /Board Member /Commissioner Matarrese requested that looking at the industrial component be made a priority, regardless of who develops the Base; stated the industrial component is going to serve the original mandate and transportation issues on the Island as regional housing obligation are met. Sneak Jon Spangler, Alameda; Nancy Hird, Alameda; Caroline Mines, Alameda; Nancy Rogers, Alameda; Elizabeth Krase Greene, Alameda; Karen Bey, Alameda; William Smith, Sierra Club; Jean Sweeney, Alameda; Nancy Gordon, Alameda; Diane Lichtenstein, HOMES; Corinne L.ambden, Alameda; and Ashley Jones, Alameda. Stan Brown, SunCal, stated that he is a little bit surprised by the presentation format, only in the sense that yes, he obviously intends to respond to some of the comments raised by the City staff and consultants; SunCal also has its traffic engineer, Jim. Daisa, here to give a presentation on the traffic program for the community and the plan; that he expected to talk immediately after staff's presentation. Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and 8 Community Improvement Commission July 7, 2 0 1 0 Mayor /Chair Johnson stated that she would have called Mr. Brown earlier but she thought he was here for questions and did not know he had a presentation. Mr. Brown stated there are a number of things SunCal obviously disagrees with in the staff report; thanked the Deputy City Manager Development Services and the Planning Serves Manager for help in completing the application process and finding it finally deemed complete, and also for continued efforts in the weekly meetings; stated they are professionals and he very much appreciates the continuing dialogue that SunCal has had with them and looks forward to doing it [dialogue] in the corning months; a couple of weeks ago, vice Chair /Board Member /Commissioner deHaan asked both staff and SunCal not to carne back here with a cat fight over statistics and facts; as Staff indicated, information has been traded back and forth over the last several weeks; unfortunately he, nor anyone on his tears, received the pretty extensive and detailed report both from staff and the City's consultants until Friday of last .we.ek, just before the holiday weekend, so it has been relatively difficult for SunCal to digest the information and give a more comprehensive report; that he disagrees with man y of the conclusions presented tonight; turning to some of the areas where. there was conversation, and probably the first one talked to is home valuation; a lot of time was spent on that [home valuation]; that he gave extensive comments several weeks. age at a prior review; putting aside all the numbers, SunCal has had conversations with the City's consultants extensively on valuation; there is a fundamental disagreement between the way SunCal views the piece of property, the project SunCal proposes. to build, and the way, apparently, the City looks at it; although the community. of 4800 homes and millions of square feet of commercial will be built in Alameda, is intended to be integrated into the community of Alameda, can be a part of the City of Alameda and the marketplace, both on the commercial level, as well as on the residential level, it is not Simply Alameda [involved]; SunCal views the property and opportunity, as something that is going to be an asset to the entire Bay Area; when lookin g at valuations and comps, SunCal looked at current sales across the entire Bay Area; SunCal looked at areas in the East Bay, as the City's consultant did, .and also.looked at areas in San Francisco; SunCal does not comp to a bigger size house in San Francisco; similarly, houses in other parts of the East Bay may need to be increased; SunCal looked at the totality of the market and said this is not a community of 100, 200, or even 400 homes; this is a community of 5,000 new home sites, it is a destination that is going to be a significant piece of the residential and commercial marketplace in the Bay Area for years and years to come; the amenities designed into the project support that and to simply go back and look at, as the report appears to do, that is the fundamental difference; all the details and numbers can be discussed; saying the project is simply an Alameda project that needs to be compared to Alameda comps comes to a different conclusion than SunCal's project view; said view of the project has not changed on over the last three years; SunCal has always expressed the vision of the project as much larger than just another subdivision in a wonderful community; that is the fundamental difference. Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and 0 Community Improvement Commission July 7, 2010 Mayor /Chair Johnson inquired whether the $1,042,000 home price is medium home price; said number is from single family detached home price projected in the pro forma. Mr. Brown inquired when you say ``medium," what is the content. Mayor /Chair Johnson responded typical; inquired are all the homes going to be that price. Mr. Brown responded of course not, no. Mayor /Chair Johnson inquired then what is it [the $1,042,000 price]. Mr. Brown stated it is the single family detached home value for a 2,500 square foot home. Mayor /Chair Johnson inquired what community does that compare to now. Mr. Brown responded, frankly, SunCal does not think there is any one community that you could go and say that house is equal to that house. Mayor /Chair Johnson inquired what community has a home price where single family homes are selling for that much. Mr. Brown stated SunCal's methodology and approach, which is typical of its approach to all larger master planned communities, is to review the totality of what is perceived to be the primary market area for the community; where the customers are going to be corning from and what are the other choices that they will be looking at; then, SunCal applies appropriate adjustments to home values based upon whether the location has more home value or less value; SunCal goes around an entire area to look at a large number of cornparables and. areas and finally comes to a valuation that it feels comfortable with; that is SunCal's approach; unfortunately, he cannot point to one versus another. Mayor /Chair Johnson inquired ghat community would compare in price, perhaps Danville; stated that she does not think any community around here has single family homes that sell for $'1,042,000 plus all the fees; there may be an occasional home within communities, but not a whole community of single family homes that sell for a over $1 million; so she is asking ghat community it would compare to. Mr. Brown stated that he does have that information here today, because that is not how SunCal looks at it; that he would be happy to have information at the next meeting; the question is fair and he sees where Mayor /Chair Johnson wants the comparisons; that he would attempt to make that [information] available; further stated there is disagreement with the approach; at least now there is agreement to value home square Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and 10 Community Improvement Commission July 7, 2010 footage to square footage; if the City is looking at comps from recent sales in Bayport, then there is a fundamental disagreement; SunCal thinks the City is looking at the wrong place to judge single family homes of a 4,800 unit community; a lot of time was spent on the matter a couple of weeks ago, so he does not want to belabor it because frankly, not much has changed since that time; he shared an exhaustive premium analysis from every block of the development with the City Council and staff in early January of this year; premiums are values above the base price of the home because of location, proximity to features, views of downtown San Francisco, or the water all of these premiums are easily annexed onto properties; SunCal came up with its premium analysis and that was its methodology; 1 is a typical premium used for a flat piece of property in the middle of nowhere; there are premiums for oversized lots, for cul -de- sacs, corner lots, etc.; that 1 is the number that he typically puts into pro form as; that he does not understand why a detailed analysis was not done, on such a unique location; that he heard negative use was taken into account; he has not seen the analysis other than said statements; SunCal views every feature of the community, Such as the existing buildings that will remain and be put into adaptive reuse and the harbor uses, as positives to the community, not negatives; SunCal views the project as a unique opportunity for an incredible architectural and land planning statement; further stated SunCal agrees with the absorption numbers that IMPS has come out with; SunCal is happy with the numbers, which there are somewhat more conservative than SunCal numbers; for the record, SunCal does agree with them [numbers]; the issue of construction costs and SunCal's pretty exhaustive survey of 15 to 20 builders of projects for various types of construction, SunCal detailed construction costs builders are currently experiencing, made that information available, used that to develop estimates; that he does not understand the comment about making sure to iinclude.union wages, which are absolutely included in SunCal's number; SunCal stated that on the exhibit and spreadsheet provided, costs from builders that did not include prevailing wage include a 25% premium to costs where appropriate to come to the estimation of direct construction costs; in the last several weeks, SunCal has not received any detail as to how the City's team came up with its number; the one detail is from a prior report that referenced a particular book; —questioned where is the detail on conversations with builders, who did the City talk to and ghat projects were referenced; SunCal does not have detail so response is difficult; Sun Cal has received from EPS and the staff report, the statement on the project financial performance, which carne up with a -12 SunCal has not gotten to the guts of the analysis; from SunCal Is superficial analysis, on Table 2 of the June 2010 Alameda Point Financial Feasibility Analysis, BPS has increased home sizes from the pro forma size for the 30 -unit 1,200 square foot product and the 1,700 unit 1,400 square foot product to 1,500 and 1,900 square feet respectively; the analysis increases the size of homes, increases the prices, increases construction costs, and then tells SunCal it is upside down. Mayor /Chair Johnson inquired whether Mr. Brown is aware of an investigatory report prepared by Mr. Colantouno that was presented to the Council last night and made available to the public. Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission July 7, 2010 Mr. Brown responded that he has heard, seen some blogs errails and stuff like that, yes. Mayor /Chair Johnson inquired whether Mr. Brown has had the opportunity to review the reports, to which Mr. Brown responded in the negative. Mayor /Chair Johnson inquired whether Mr. Brown is aware that he is included in the report as having received unauthorized and/or illegal communications from Councilmember /Board Member/Commissioner Tarn. Mr. Brown stated that he does not believe he has ever received communication from Councilrnerrber /Board Member /Commissioner Tarn. Mayor/Chair Johnson stated that is not ghat she is asking; clarified that she is asking Mr. Brown if he is aware that the report has evidence of that. Mr. Brown inquired of him receiving [communications]. Mayor/Chair Johnson clarified not Mr. Brown personally, SunCal. Mr. Brown responded yes, he is aware that they have alleged that, yes. Mayor/Chair Johnson stated that she would recommend that SunCal review the report because SunCal is a pretty significant part of the report; inquired if the City Attorney made the request, would SunCal return all privileged or illegal communications, at least the written portions. Mr. Brown responded attorneys are involved; so he would have to ask his attorneys; stated in general, he thinks SunCal have no philosophical problem with it; in his conversations today with the members of his staff and the SunCal staff and team, SunCal absolutely cannot believe anything inappropriate has occurred; to the extent that Mayor/Chair Johnson is asking a legal question, he would have to defer to legal people; in general, SunCal would be happy to disclose that. Mayor/Chair Johnson stated one of the things that people have asked her over the last few weeks is what would it would take for SunCal to stay in the game; obviously questions about transportation, pro forma, economics, cannot be solved over the next few weeks; one of the fundamental things that she has told people and probably people from SunCal, is SunCal need to show that it is a trustworthy partner; if the City is going to work with SunCal as a partner, the City needs to be able to trust SunCal and have a true partnership; the revelations that came out in the report really hurt SunCal's position, because accepting illegal, unauthorized, attorney client privileged, violations of the Brown Act communications, are not what a trustworthy partner would do. Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and 12 Community Improvement Commission July 7, 2010 Mr. Brown stated that he understood the allegations are not confirmed; in talking with his folks, Suncal strongly believes that nothing inappropriate has occurred; Suncal has communication all the time with the entire Council and City staff; communication occurs all the time, which is common in his experience; SunCai does not believe that anything inappropriate has occurred; that is SunCal's position today. Mayor /Chair Johnson stated when reviewing the report, SunCai will see that the documents are attached; the fact that communication occurred, is not disputed; Mr. Colantuono is a highly regarded expert in the area; he is an attorney for the League of California Cities, he has done a very thorough job of reviewing the matter and providing his opinion, which is available to the public. Jim Daisa, Kimley -Horn and Associates, stated the presentation which was developed over the past fever months, was developed for a different context, and was not prepared for tonight; SunCal hired him because he has been doing this for 20 years has been working in the Bay Area on transit oriented development for that long, and has worked with Peter Calthorpe since the beginning; Suncal knows that he does not rubber stamp any project and call it TOD until he is very comfortable that it can perform like true TOD; contrary to what was said tonight, TOD is not a cute development ploy; it works; it has been around for a long time; there is a lot of empirical data here in the Bay Area that shows that it reduces traffic by half of what similar amounts of development in suburban areas do; it is just a fact at this point; there is plenty of data to show that the location is ideal location for self selection, for people who use transit; the project is going to attract people who work in San Francisco because it is an ideal location with good high speed transit to San Francisco, which is subsidized; the project is going to attract a lot of people, young professionals, couples, families that self select these types of developments; in the Bay Area, transportation costs combined with housin g costs are a family's single biggest expense; if families can find a way to reduce transportation costs through transit, they will select to live in a place that provides that; items in the strategy need to work together and are part of ghat TOD is; first and foremost is the land use, not that it is oriented toward transit, it is the density, the right mix, the way it looks, the way it feels because it creates a place that people want to live, work, and all that; the environment encourages people to use transit; the project is oriented toward transit and served by multiple forms of transit; there is a pedestrian and bicycle trail network, focused, but not just in the project itself, connecting to the rest of the Island because what Suncal is trying to do with the transportation system is integrate it into Alameda and let it serve everybody on the Island, not just the Alameda Point development; all of the transportation strategies are available to the rest of the Island as well; beyond the capital program, an important aspect will be the Transportation Demand Management (TDM) program, which is an intentionally designed, flexible program that is monitored annually in perpetuity; the TDM program includes the soft things that encourage people to use alternate modes of transportation and there are many other benefits to TOD other than just reduction in traffic, including improved health for the community because Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and 13 Community Improvement Commission July 7, 2010 they could get physical exercise in an atmosphere and environment that is pleasing; the project was designed by the Peter Calthorpe who coined the term TOD and first came up with the concept; Mr. Calthorpe has a series of design principles that he has worked on for over 30 years to get it to the point where the land use, the built environment and the transportation system all work together; the project has all the features that are part of the true definition of TOD: range of housing densities, diversity of commercial uses, vertical mixed use, horizontal mixed use, everyday conveniences so that people are not forced to get into their car and drive to do everyday errands because it is within walking distance; people can choose to walk or drive their cars a short distance, but still remain in Alameda Point; TOD is proven and demonstrated in the Bay Area; he has even done some research for the State of California; surveys have shown that TOD produces half or less traffic than similar forms of development in suburban areas without transit; the project is designed to be accessible to transit; most of the project, about 85% to almost 90 is within a ten minute walk of the center transit terminal which wil[ be the ferry terminal and where the BRT system comes through; the State of California has created a check list that has the best way to tell if a project is TOD; that he has gone through the checklist; the project has everything on the checklist further stated the components of transit plan are: high frequency transit to BART; priority improvements will be made along the routes being proposed for the phased BRT system to both the 12 Street and the Fruitvale BART stations; there will be direct ferry service to San Francisco from the Seaplane Lagoon by bifurcating from the Oakland service; that he is meeting with WETA tomorrow to go over the financial analysis and ridership analysis that SunCal prepared; an intermodal transit center serves the ferry and bus system; free transit passes to all residents, which is a motivation to use public transportation a shuttle system that goes to the 12 Street BART station is in the first phase of development; the shuttle goes every 15- minute during peaks and only stops on site, but off -site people can use it if they wish; in phase three Rapid Bus will start; the system does not have a dedicated lane, but operates with a transit priority options on the street, such as queue jump lanes to bypass congestion at intersections, and triggering traffic signals to work in favor of transit; in the forth through fifth phase, BRT is introduced, which has dedicated travel lanes on the proposed corridor; the proposed route starts at the ferry terminal intermodal center and travels along the Lincoln Avenue and Tilden Avenue corridor to get to the Fruitvale BART station; stations are being located at half mile intervals, which is about the distance BRT should be located; a route also goes to the 12 Street BART station; 50% of Alameda residents have one car or no cars and at least one member of the household likes to use transit; 16% of Alameda residents take transit to work already, which is one of the highest transit mode shares in the entire Bay Area; 34% of Alameda residents are within a 5- minute walk of the [BRT] route, which makes 25,000 people and 11,000 households served by the route. Mayor /Chair Johnson inquired whether resident means a resident over a certain age. Mr. Daisa responded in the negative; stated all residents are accessible here. Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and 14 Community Improvement Commission July 7, 2010 Mayor /Chair Johnson clarified that she is asking whether the 50% of residents who own zero to one vehicle includes children. Mr. Daisa responded in the negative; stated the statistic is actually 50% of households. Mr. Daisa stated providing a rapid transit system that serves the entire residency and employees achieves an additional 4% ridership, or 6% or even 8% more ridership from existing residents or employees; the percentages can reduce the cars in the tubes and bridges by 600, 900 or 1200 in each peak hour, which is equivalent to increasing the capacity of the tubes by 15% to 30 if 8% can be achieved, 30% capacity can be gained in the tube, which is the equivalent of adding a lane to the tubes; there is a way to gain capacity through transit operations; the ferry service is in two phases; phases one and two of the development use, the current Main Street terminal ferry service the new ferry terminal is constructed in phase three and the two systems from Oakland and from the Seaplane Lagoon are bifurcated; SunCal has done a financial analysis and will talking to staff and WETA tomorrow; showed maps indicating the existing system and the system after phase three to five; stated an onsite full time TDM Coordinator position Is included Councilmember /Board Member/Commissioner Tam inquired ghat is a kiss and ride zone. Mr. Daisa responded a spouse or significant other drops you off, kisses you goodbye and says go make money and I will pick you up when you get back; continued the presentation; stated BRT is not just another bus and is really a light rail train on rubber wheels; new vehicles, new systems and new technology make BRT work; BRT targets choice riders, not transit dependent people who always use transit; choice riders are people who own cars but want to choose to use a good, comfortable form of public transportation because it works for them and is attractive; BRT have dedicated lanes on either on the inside or the outside of the street; in SunCal's proposal, lanes are probably on the outside; BRT has very nice stations, which are attractive, comfortable, high amenity facilities and use real -time technology like BART, so riders always know how long the next bus will be to the minute; BRT has fast boarding; tickets can be purchased before getting on the bus and there is loading at both doors; the buses can trigger the signals to move through signals faster; if a dedicated lane is not being used, buses can bypass congestion at the worst intersections and get a jump on cars; SunCal has a pretty comprehensive pedestrian, bicycle and trail network that integrates and connects with the existing Alameda system and provides facilities for the rest of the Island at the recreational and transportation level; TDM is a series of programs, measures, incentives, or even disincentives to change peoples' travel behavior; a whole series of programs have been around for decades; TDM works great in some circumstances, and does not work great in others, which is why projects have to have a menu and need flexibility to apply appropriate measures and adjust measures over tine; SunCal proposes a tier series of measures, which is simply a menu; SunCal would work with Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and 15 Community Improvement Commission July 7, 2010 staff on implementing measures at different tiered levels; measures will be monitored every year and those working will be kept; measures not working will be adjusted or changed; different tiered set of measures are used and get increasingly more stringent; reviewed the duties of the Alameda Point TDM Coordinator and the tier measures; stated the program, combined with the capital improvements and transit system, is the best way to get transit oriented development to work; the City does not have to take his word that the project is going to provide more mobility for Alameda and mitigate impacts, the City's two transportation consultants will do a pretty extensive BIR to validate SunCal's program; if parts of the program do not work, the consultants will suggest a way to change it; the program will be completely vetted through the City's Consultants who will analyze the entire Island and parts of Oakland; further stated a transit feasibility study will go on at the same time; the City's consultant is looking at SunCal's proposed route along Lincoln Avenue and about four other options to find the best way to provide the phased transit system; either the Lincoln Tilden route will be validated, or the consultants will come up with a different route; there is clear data from years of collection that TOD works and really does reduce traffic when compared against the same type of suburban single family, low density, love intensity development that happens all over the Bay Area. Councilmernber /Board Member /Commissioner Matarrese stated that he commutes on the 72R, which goes on Broadway and San Pablo Avenue, and knows Lincoln Avenue because he comes to City ball on Lincoln Avenue; that he is trying to imagine rapid buses run by AC Transit in Alameda between Alameda Point and the Fruitvale BART station actually being rapid; 25 miles per hour (on Lincoln Avenue) is not San Pablo Avenue, which is a broad street where buses get up to 40 to 45 miles per hour; the regardless of how Alameda Point is developed, rapid transit is needed in the City; that he has a hard time understanding how such a short line can be rapid, and also, how it can be funded. Mr. Daisa stated SunCal will do the best it can with rapid transit given that flow condition will be mixed; so rapid transit runs with cars in mixed flow; before providing a dedicated lane for transit, technology will be used; one is the transit signal priority, the busses can trigger a speeding -up of the signals; the system is not perf=ect; the San Pablo rapid system works on the same type of technology said system improved travel time by 30 Councilmember /Board Member /Commissioner Matarrese stated that he knows rapid transit is very effective, but it could not go 45 miles per hour. Mr. Daisa stated the average speed less than 20 miles per hour; travel time from one end to the other is less than 20 miles per hour with stops and traffic signals; technology will be used to snake it as rapid as possible; the project description commits up to eight queue jump lines; a bypass lane will be included where determined feasible so the bus can pull up and bypass any congested intersection. Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and 16 Community Improvement Commission July 7, 2010 CouncilmemberlBoard Member /Commissioner Matarrese stated that he has a hard time imagining it; suggested a report with details be provided, because to get that average speed of 20 miles per hour on San Pablo Avenue, buses cruise up to 45 miles per hour; there is a speed limit here of 25 miles per hour on purpose Lincoln Avenue is a residential street and much of San Pablo Avenue is not; he thinks buses are absolutely critical for the City, and would love to get the 19 line back along with some of the other cross Island routes; rapid transit to the 12 th Street BART station is rapid until it reaches the tube. Mr. Daisa stated answers would come through City staff, because staff is coordinating consultants right now; further stated maybe findings will say the BRT system is needed sooner than anticipated. Councilmember /Board Member /Commissioner Matarrese stated that he is interested in seeing the funding of such a short rapid line by AC Transit or self- funded. CouncilmemberlBoard Member /Commissioner Tam inquired whether the presentation showed that there are ways to increase capacity through the tube through some operational efficiencies and using BRT. Mr. Daisa responded in the negative; stated the capacity of the tubes can effectively be increased by reducing the automobile demand in the tubes; the Broadway- Jackson project might be a way off, but so is build out of the project; the Broadway- Jackson project will really improve conditions going through the tube into Oakland and is high priority project, so funding is likely; stated the [Broadway- Jackson] project right take a decade or so to get built, but the [Alameda Point] project will also take some time to build out. CouncilmemberlBoard Member /Commissioner Tarn inquired whether discussion with WETA could be an opportunity to look at areas in Seattle and in Vancouver that have the ability to bring cars and passengers on a ferry to help alleviate some of the car traffic; whether said option is feasible in the project; and whether it would generate reductions. Mr. Daisa inquired whether Councilmernber /Board Member /Commission Tam means between Oakland and Alameda. Councilrr emberlBoard Member /Commissioner Tam responded in the affirmative; stated that would be the obvious choice, or between Alameda and San Francisco, Mr. Daisa questioned whether people should be encouraged to take cars to San Francisco; stated the question might be for Nelson Nygaard; if people insist on driving, getting cars on the ferry instead of going through the tunnels might pay off; the hop is short and big, big vessels carry cars; suggested Nelson Nygaard be asked if the Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and 17 Community Improvement Commission July 7, 2010 solution is another feasible way to get cars off Alameda. AGENDA ITEMS None. Adjournment There being no further business, Mayor /Chair Johnson adjourned the meeting at 0:58 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 18 Community improvement commission July 7, 2010 CITY OF ALAI E DA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: July 27, 2010 Re: Appoint Mr. Michael Krueger to the Oakland Chinatown Advisory Committee MOMM On April 19, 2004, the City of Alameda, the City of Oakland, the Chinatown Chamber of Commerce, and the Asian Health Services executed a four party settlement agreement to address concerns related to the City Council's certification of an Environmental Impact Report (EIR) for the Alameda Point General Plan Amendment (GPA). In accordance with the agreement, the Oakland Chinatown Advisory Committee (OCAC) was to be established to "serve as an advisory committee to the Alameda City Council and Planning Board, and the Oakland City Council and Planning Commission for. the purpose of providing ongoing communication and feedback on Oakland Chinatown issues related to the future development and the California Environ ntal Quality Act (CEQA) process for projects within Alameda Point and Downtown Oakland." DISCUSSION The agreement stipulates that the Alameda City Council is to appoint two representatives and one alternate to represent Alameda on the OCAC. On July 5, 2005, the City Council appointed Lee Perez to represent Alameda on the OCAC. The City Council requested that the Planning Board select a Planning Board member to serve as the second Alameda representative and a Planning Board member to act as the alternate. The Planning Board appointed Marilyn Ezzy Ashcraft in 2008, replacing Gina Mariani, who was previously appointed in 2005, to fill the second Alameda seat on the OCAC. Recently, Lee Perez requested to serve as the alternate, due to time constraints and other responsibilities. Therefore, a replacement is needed to represent Alameda. Michael Krueger has indicated interest in the vacancy. Mr. Kruger served as a member of the Transportation Commission for eight years, and served as the Interim Chair for one year during his tenure. He is knowledgeable about the issues related to the Broadway /Jackson Interchange project currently being reviewed by the OCAC and has demonstrated an on -going commitment to public service. Mr. Krueger's presence on the OCAC will assist the City in meeting its obligations at the OCAC. Agenda Item #2_13 Special Joint CC and ARRA Mtg CIC Mtg 07-27 -10 Honorable Mayor and Members of the City Council FINANCIAL IMPACT July 27, 2010 Page 2 of 2 The settlement agreement includes a commitment to fund up to $75,000 to support Chinatown staff or technical consultants. The City Council appropriated these funds when approving the agreement. No additional funds are necessary. There is no impact to the General Fund. MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE This action does not affect the Alameda Municipal Code. ENVIRONMENTAL COMPLIANCE The proposed action is exempt from the California Environmental Quality Act. RECOMMENDATION Appoint Mr. Michael Krueger to the Oakland Chinatown Advisory Committee. Approved as to funds and account, Lisa Goldman Deputy City Manager SHE= CITE' OF ALAMEDA Memorandum To: Honorable Chair and Members of the Community Improvement Commission From: Ann Marie Gallant Interim Executive Director Date: July 27, 2010 Re: Authorize the Interim Executive Director to Sign a Letter of Agreement in the Amount of $9,590 with the Greater Alameda Business Association for FY 10 -11 BACKGROUND The Community Improvement Commission (CIC) has awarded grants, through Letters of Agreement, to the Greater Alameda Business Association (GABA) to support marketing and promotional efforts that benefit its membership. DISCUSSION In FY09 -10, GABA received a grant of $11 ,400 with a recommendation for a 15 percent reduction the following fiscal year. Staff recommends that grant funds continue to. be used for the marketing and promotion of the association's businesses. GABA's accomplishments in FY09 -10 and its objectives for FY10 -11 are set forth in Exhibit 1. GABA's FY10 -11 operating budget is provided as Exhibit 2. FINANCIAL IMPACT The FY10 -1 1 CIC budget includes $9,590 for the Greater Alameda Business Association in CIC -WECIP Fund 201. Grant funds will be disbursed on a quarterly basis and will only be used for marketing and promotion of the organization's businesses. Disbursement of the grant funds will be documented by receipts for actual expenditures. MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE Economic Development Strategic Ilan, July 2000, Strategy #2 reads as follows, "Support the Chamber of Commerce, merchants and merchant associations in their efforts to increase the availability and quality of retail goods and professional services that meet the purchasing preferences of Alameda residents and the employees of Alameda firms by: (1) supporting Park and Webster as "Main Street" retail zones..." Agenda Item #2 -C (1) Special Joint CC and ARRA Mtg CIC Mtg D7 -27 -D Honorable Chair and Jul 27, 201 Members of the Communit Improvement Commission Pa 2 of 2 RECOMMENDATION Authorize the Interim Executive Director to si a Letter of A in the amount of $9,690 with the Greater Alameda Business Association for FY1 0-11. R e s p e ctf u I I y: ,u b-m i Re d, Lesli -e LFtf I e Economic Development Director Approved as to funds and account, Lisa Goldman Deput Cit Mana DES:SGR:ry Exhibits: 1. GABA Accomplishments Objectives 2. GABA Bud cc: Greater Alameda Business Association Exhibit 1 s i r O MA Accomplishments July 1, 2009 through June 30, 2010 Business Education Workshops: Held two workshops at Bank of Alameda, provided members of the business community an opportunity for a free mini- seminar and dinner on topics of interest to business owners. The Oct. Business workshop included; Closing the Deal with Lorre Zuppan; Financing for small business with John Jacobs; .AUSD Update with School Board President, Mike McMahon, and The English School a non profit job placement center for non native English speaking students with. Sharon Schuyler. Attendance 25). Second Workshop in March focused on Saving Money: information on outsourcing or being a resource; Bank fees too high? Taping a look at your accounts, and Alameda Municipal Power's reAMP program, free energy audits. Attendance 25. Networking Mixers: Four well- attended events at member businesses, averaging 20 -30 members of the business community. Mixers are free to all members of the business community providing a networking opportunity to economically disadvantaged business owners. Raffle proceeds are donated annually to the three Alameda High Schools' R.O.P. classes. Theater Marketing: December 2009 was the last month of the `Shop Alameda' GABA on- screen advertisement was run at the Alameda Theatre and Cineplex. This advertisement ran for a full year. The purpose was to provide a public benefit to our advertising, drawing attention to the Station neighborhood businesses to the off Island patrons of the theater, as well as Alanedans who may not realize the shopping opportunities in these districts. The rational is to help reduce the retail leakage. This form of advertising reaches thousands of theater patrons each month. At this tune, the advertisement is not running as GABA reevaluates the effectiveness of on- screen advertisements. Membership Support: Monthly reduced cost advertising opportunities in the Alameda Sun. Annual savings of $13,440. to members. 0 Free listing to all GABA members in the Alameda Sun by business category. 19 Free comprehensive website listings for each GABA. member at GABAonline.org 0 Descriptive printed Membership Directory by business category. 2000 copies available for members' businesses and their patrons or clients. Participated in the joint business directory supported by the Chamber of Commerce. Newsletters and community updates to all Members with an. emphasis on GABA events and highlighting member's and member non profits. Newsletters include an informative Exhibit #1 Agenda Item #2 -C Page l of 3 Special Joint CC and ARRA Mtg C1C Mtg 07-27-10 Exhibit 1 M_ _=U& 11M article aimed at enhancing a specific business practice or area of expertise and highlight a GABA member's business. Newsletters are available free, online at the GABA website. Advocating for GABA members to the City. Dinners, Mixers, Meetings with speakers. i August: Networking mixer and wine tasting held at Bank of Alameda Attendance: 45 0 September: Mixer hosted by KMT Management Service Attendance: 25 i November: Dinner with guest speaker Jim Franz, of East Bay Red Cross. Topic was Appreciation. Attendance 38 0 December: Joint networking mixer with Alameda Chamber of Commerce 0 January: Dinner with Presentation on Alameda Point Development Initiative Measure B. Attendance 22 a February: Topic was, Disaster Preparedness for business. Presentation by Alameda Fire Department and the Bay Area Chapter of the American Red Cross. Attendance 20 April: Mixer at Bridgeside Center, hosted by E optometry. Attendance 20 May: Cinco de Mayo celebration dinner and an AUSD presentation. Attendance 34 0 June 17: Installation of Officers Dinner. Speaker, Ann Marie Gallant. Attendance 33. FY 2009/10 Perfor mance Goals and Accomplishments 1) Increase membership by 18 percent, adding 20 new members. GABA membership increased from 104 to 113 members, a net increase of 5.5. percent. During the year, with membership turnover and active recruitment, GABA gained 17 new members. 2) Focus at least one issue of the GABA newsletter on business marketing and promotion information that would be beneficial to GABA membership. GABA's Summer 2009 newsletter was entirely dedicated to business marketing and promotion strategies. 3) Initiate internet -based social networking marling opportunities for GABA members, possibly using Google, Facebook, Linkedin, or other similar internet resources. GABA launched a Facebook link and currently has 40+ Facebook "friends." 4) Continue to collaboration with the Alameda Chamber of Commerce by sponsoring a booth at Business Expo and participating in various Chamber boards. The Chamber did not have a Business Expo during FY 2009/10. GABA continued to work with the Chamber on various efforts: contribute in the joint business directory; member of Chamber's Economic Development Committee; and regularly attend Chamber mixers. Page 2 of 3 Exhibit 1 Objectives and Goals for 2010 -11 Fiscal Year 1) Increase membership by 15% 2} Continue to offer membership at the affordable rate of $50 3) Focus one newsletter on the advantages of social networking. 4) Continue to expand social networking through the GABA Facebook page and other similar networking opportunities. 5 Continue to collaborate with the Chamber of Commerce through inclusion in a joint Alameda business directory, by attending and exhibiting in the Business Expo, and participating in the Chamber Economic Development and Governmental Relations committees. 6) Hold a fundraising dinner to secure donations to restore or replace the Historic Train Station markers. 7) To reduce retail leakage and inspire off island patronage of Alameda business, GABA will implement a marketing plan that includes East Bay transit. Page 3 of 3 w C 0 4-1 M 85 0 U) U) CL 0 E CZ C-4 CZ 0 U. 0 CD M Q T- CD (.0 LO M 00 0 ta -c Ga z 0 0 F, LO 0 z (n U) U) -1--# 0') r. Cv C\i LU o 00 (L 60- C) z cy7 L) CC -6s a 0 0 El 0� T M-41 0 1 0 LO (6 60- 0 T- 0') C\T 00 ri M -C& .j F- 0 0 CD LO 0 (Z) 0 0 0 LO C) (Z) 0 0 0 0 (Z) 0 LO C\1 LO LO C:) LO CD (D M N C\J C\1 CO T- 00 C37 cf 'r~~ C\j w M SM w M M M Lt t (Z) (Z) 00 Lq co -(a 6a C:) 0 LO C\T -Ea I LO C) LO C) C) (Y) r%- CD C) CD LO C\j LO LO CD LO 1 0 T-- CO N N N cr) C6 T- C\1 -6s -ca Ica ta Ica Ica 00- ta t/!)- t4 -Gs, (PPJ- 0 0 6s C) WA 0 0 LO C\T 0 CO ta ON -Gs F- 0 L C Z Cu X 4-j 0) Z 0) >1— C: L- C (2) 0 U) X E 0 0) (D 0 0 0 X (Z (1) C co 0 Q) CO a) E 4-1 CO 0-1— 0 -f-j XZ- (n CO U) 0 Lu L- L- C/D 2 L- 0 CL (2) U) LLJ C: U) CO (n (1) (0 0 -0 M W E E CO (h 0 C/) 0 (D 0) E c n (2) C 0 C: U) C U) CD 0 (z 0 0 z M M M 0 1+ M 0 a) w CO Exhibit #2 Z� C5 0: 4E A Item #2-C (1) Special Joint CC and ARRA Mt CIC Mt 07-27-10 CITY OF ALAME3A Memorandum To: Honorable Chair and Members of the Community Improvement Commission From: Ann Marie Gallant Interim Executive Director Date: July 27, 2010 Re: Authorize the Interim Executive Director to Enter into a Contract in the Amount of $89,993 with the Park Street Business Association for FY1 0-11 BACKGROUND In the 1990s, the City began making annual grants to its three local business associations. The grants were considered seed money to enable the organizations to survive while they moved toward financial self sufficiency. These grant amounts tended to increase, however, during the healthy, pre recession economy. Now, changes in the national, state and local economies are reversing that trend. In FY09 -1 0, the City's annual grant to the Park Street Business Association (PSBA) was reduced by five percent, with a planned cut of 15 percent for the following fiscal year, FY1 0 -1 1. The reasons for the reduction were and continue to be the national recession, the State's budget crisis, the State takeaway of redevelopment dollars, and the City's need to reduce expenditures. Future funding levels remain uncertain as a result of the State's ongoing budget crisis. DISCUSSION Commencing in FY09 -10, PSBA was asked to submit its accomplishments for the immediate past year and its objectives /performances measures for the then coming year, FYI 0-11. Exhibit 1 sets forth PSBA's: 0 Accomplishments for FY09 -1 0, Previously established objectives /performance measures and its success in accomplishing these objectives, and 0 Objectives /performance measures for FY1 0-11. FINANCIAL IMPACT PSBA's proposed grant for FY10 -11 is $89,993, while its total budget is $345,493 (Exhibit 2 As established last year, grant funds, budgeted in CIC -BWIP Fund 203, may be spent only for the marketing and promotion of the District's businesses. Agenda Item #2 ..0 (2) Special Joint CC and ARRA Mt CIC I ltg 07-27-10 Honorable Chair and Jul 27, 2010 Members of the Communit Improvement Commission Pa 2 of 2 MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE Economic Development Strate Plan, Jul 2000, Strate #2 reads as follows, "Support the Chamber of Commerce, merchants and merchant associations in their efforts to increase the availabilit and q ualit y of retail g oods and professional services that meet the purchasin preferences of Alameda residents and the emplo of Alameda firms b 1) supportin Park and Webster as "Main Street" retail zones..." RECOMMENDATION Authorize the Interim Executive Director to enter into a contract in the amount of $89,993 with the Park Street Business Association for FY1 0-11. u .:b:m fitted, Re pectt,ull S. Leslie A. Little Economic Development Director Approved as to funds and account, Lisa Goldman Deput Cit Mana DES:SGR:ry Exhibits: 1. PSBA Accomplishments Objectives 2. PSBA Bud cc: Park Street Business Association PARK STREET BUSINESS ASSOCIATION Accomplishments FY09-1 0 Objectives /Performance Measures FY1 0-11 Spring Festival i 50,000 visitors to the Park Street District during Mother's Day weekend i Net income was $31,000 Art wine Faire 0 10000 visitors to the Park Street District during the two days of the event 0 Net income was $90,000 Classic Car Show 0 25,000 visitors to the Park Street district during the one day of the event 0 This event is planned to be revenue neutral. However we did net $1,500 in 2009. Holiday Advertising Campaign Implemented multi -media advertising campaign between. Thanksgiving and Christmas. The campaign included newspaper and magazine ads. It also included over 500 cable TV ads targeted for the Oakland, Alameda, San Leandro, San Lorenzo, and Hayward areas. Also included Internet (SFGate.com) and "Book of Savings." (sent to 60,000 homes in the East Bay) Sponsored the annual tree decorating contest downtown. Marketing Continually upgrade website pages including merchant individual pages. Produced and distributed 2009 Shopping Guide (2,000 total) Produced and distributed 12 monthly newsletters. The distribution list exceeds 600 including electronic subscriptions. Produced a section (including membership roster and District map) in the Alameda Yellow Pages Directory. Participated and contributed monetary support to the first ever City -wide Shopping Directory. Maintenance Maintained two workers to provide 7 day -a -week service in the District Sidewalks swept on a daily basis Graffiti. abated within 24 hours of discovery Shopping carts returned to stores on a daily basis Exhibit Agenda Item #2 -C (2) Special Joint CC and ARRA Mlg C C mtg g1 -27-10 Bus Shelters cleaned on a weekly basis including shelters in front of City Hall not technically in the PSBR District. News racks and garbage cans cleaned on a weekly basis. Member Services Assisted members interfacing with City government Provided answers to members' questions on a daily basis 1) Participate in a city -wide event with other Alameda Business Associations. Participated in a city -wide Holiday 'Free Decorating Contest with other Associations. 2) Assist City Departments in implementing and completing Phase It of the Park Street Streetscape &Town Center Project. Currently under design. 4 3) work with the Planning and Economic Development Departments to accomplish the rezoning of North of Lincoln. PSBA Board reviewed and commented on North of Lincoln Draft. 4) work with the Planning and Economic Development Departments to amend the "Community Commercial" zoning designation. Park Street "CC" amendments completed. 5) Implement at least two new advertising outlets to promote existing special events and the holiday shopping season. .Ads on SFGate and ads in the "Book of Savings" sent to 60,000 East Bay Homes. IL 1) Assist City Departments in implementing and completing Phase II of the Park Street Streetscape &Town Center Project. 2) work with City Planning to achieve final Council adoption of both the CC zoning modifications and the north of Lincoln zoning ordinance. 3) Participate with City staff in the Economic Development Department (EDD) to showcase the downtown business districts in a fall event tentatively known as a "wine walk 4) Work with EDD staff and other business associations to develop an enhanced holiday event for all of Alameda. r FY 2010 -2011 Proposed Operating Budget Park Street Business Association Exhibit #2 Agenda Item #2 -C (2) Special Joint CC and ARRA Mt CIC Mtg 0d -2i -1D CITY ASSN INCOME GRANT BIA L &L INCOME TOTAL Grant $89,993 $0 $0 $0 $89,993 BIA $0 $92,500 $0 $0 $92,500 Events (net income) $0 $0 $0 $107,000 $107 Landscape Lighting* $0 $0 $49 $0 $49,500 Other $0 $0 $0 $6,50 TOTAL $89 $92 $49,500 $1135500 $345 EXPENSES Salaries /BenefitslTaxes $0 $66,500 $0 $83,700 $150,200 Rent $12 $0 $0 $0 $12,000 Utilities $0 $0 $0 $1,650 $1,650 Insurance(C &O, Liability, Wrks Comp) $0 $5,350 $0 $0 $5,350 Office Supplies Equipment $0 $1,200 $0 $400 $1,600 Newsletters $4,200 $0 $0 $0 $4,200 Postage $0 $2,400 $0 $0 $2,400 Meetings /Trainings $0 $0 $0 $2,400 $2,400 Accounting $7,000 $0 $0 $0 $7,000 Other $0 $0 $0, $0 Sub -Total $23,200 $75,450 $0 $88 $186 MARKETING Wehsite $1,500 $0 $0 $0 $1,500 Advertising $65,293 $0 $0 $0 $65,293 Other LO LO L Sub -Total $66,793 $0 $0 $0 $66 COMMITTEES/EVENTS (except Promo) $0 $0 $0 $5,450 $5,450 MAINTENANCE $0 $17,050 $49,500 $19,900 $86,450 TOTAL $89,993 $92 $49,500 $113 $345,493 *If the City Council approves a new contract for maintenance, L &L would be used to fund that contract. Exhibit #2 Agenda Item #2 -C (2) Special Joint CC and ARRA Mt CIC Mtg 0d -2i -1D CITY OF ALAMEDA Memorandum To: Honorable Chair and Members of the Community Improvement Commission From: Ann Marie Gallant Interim Executive Director Date: July 27, 2010 Fie: Authorize the Executive Director to Enter into a Contract in the Amount of $81,575 with the west Alameda Business Association for FY10 -11 BACKGROUND In the 1990s, the City began making annual grants to Its three local business associations. The grants were considered seed money to enable the organizations to survive while they moved toward financial self- sufficiency. These grant amounts tended to increase, however, during the healthy, pre recession economy. Now, changes in the national, state and local economies are reversing that trend. In FY09 -10, the City's annual grant to the West Alameda Business Association (WABA) was reduced by five percent, with a planned cut of 15 percent for the following fiscal year, FY10 -11. The reasons for the reduction were and continue to be the national recession, the state's budget crisis, the State takeaway of redevelopment dollars, and the City's need to reduce expenditures. Future funding levels remain uncertain as a result of the State's ongoing budget crisis. DISCUSSION Commencing in FY09 -10, WABA was asked to submit its accomplishments for the immediate past year and its objectives /performances measures for the then coming year, FY10 -11. Exhibit 1 sets forth WABA's: a Accomplishments for FY09 -10 go Previously established objectives/performance measures and its success in accomplishing these objectives, and a objectives /performance measures for FY10 -11. FINANCIAL IMPACT WABA's proposed grant for FY10 -11 is $81,576, while its total budget is $238,480, (Exhibit 2). As established last year, grant funds, budgeted in CIC -BWI P Fund 203, may be spent only for the marketing and promotion of the District's businesses. Agenda Item #2 -C (3) Special Joint 0C and ARRA Mtg CIC Mtg 07 -27 -10 Honorable chair and July 27, 2010 Members of the Community Improvement Commission Page 2 of 2 MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE Economic Development Strategic Flan, July 2000, strategy #2 reads as follows, "Support the Chamber of Commerce, merchants and merchant associations in their efforts to increase the availability and quality of retail goods and professional services that meet the purchasing preferences of Alameda residents and the employees of Alameda firms by: (1) supporting Park and Webster as "Main street" retail zones..." RECOMMENDATION Authorize the Executive Director to enter into a contract in the amount of $81,075 with the vilest Alameda Business Association for FY10 -11. Approved as to funds and account, Lisa Goldman Deputy city Manager DES:SGR:ry Attachments: 1. WABA Accomplishments objectives 2. WABA Budget cc: vilest Alameda Business Association EXHIBIT 1 WEST ALAMEDA BUSINESS ASSOCIATION Accomplishments FY 09 -10 /Objectives /Performance Measures FY10 -11 Concerts at Crab Cove Free community music series produced in partnership with the East Bay Regional Parks. Added an additional concert, producing four in all 1,500 3,500 attendees per concert. Net income was 1 2,664 Farmers' Market Year- -round weekly Tuesday and Saturday markets serving the entire Alameda community. A year -round second day is a change from what was previously a Thursday evening in the summer only. Webster Street Jam Two -day international food, art, and music festival. Featuring local vendors, local wine and beer as well as supporting the local art community. over 20,000 attendees. Net income was over $25,000. Marketing campaign included newspaper and magazine ads. It also included over 500 cable Tv ads targeted for the Oakland, Alameda, San Leandro, San Lorenzo, and Hayward areas. Halloween on Webster Produced in partnership with Gallagher and Lindsey Realty. Attracts hundreds of children and families to the District. Santa on Webster and an additional "lay of Giving" celebration Attracts hundreds of children and families. Marketing Weekly web site updates. Event advertising in the Alarneda Journal, Alameda Sun, the East .day Express, Alameda and Oakland Magazine and on Comcast. Exhibit Agenda item #2 -C (3) Special Joint CC and ARRA Mtg CiC Mtg 07-27-10 Produced and distributed quarterly newsletters and monthly merchant updates. ongoing community outreach. Maintenance Employed a maintenance company to sweep /clean the sidewalks and perform other maintenance duties seven days a week. Sidewalks swept on a daily basis. Graffiti abated within 24 hours of discovery. Shopping carts returned to stores on a daily basis. Member Services Assisted members and potential members interfacing with City Hall. Provided answers to members' questions on a daily basis. Assisted property owners and realtors in filling vacancies in District. Implemented banner program to beautify District. OBJECTIVES/PERFOR1VIANCE MEASURES for 09/10: 1) Participate in a city -wide event with other Alameda Business Associations. Participated in a city -wide Holiday Tree Decorating Contest with other Associations. 2) Double media outreach by including all residential units, whether owner or tenant occupied, throughout Alameda and through the addition of Jack London Square in Oakland. Accomplished through the Webster Street Jam. 3) Attract and work with at least three new service or retail businesses in the District. Have attracted and worked with numerous new businesses: Cafe Jolie in the former Tillie's Diner space; Greek Mezze and United Market and Flowers in the Webster Pharmacy Building complex; Wes Caf6 at 1536 Webster, a new owner and reirnagining of the New Zealander Restaurant; and the Frog Fiddle eatery developing in the former Aquacotta space in the Webster Hotel Building complex. 4) Develop an additional event to promote the District. Because of budget constraints, this objective was not met. 5) Create a Webster Street Brochure. This objective was accomplished and the Brochure is attached. 2 OBJECTIVES/PERFORMANCE MEASURES for 1 0111: 1) Participate with City staff in the Economic Development Department (EDD) to showcase the downtown business districts in a fall event tentatively known as the "wine walk 2) Work with EDD staff and other business associations to develop an enhanced holiday event for all of Alameda. 3) Work to begin the implementation of the Webster Street Visioning Process occurring summer of 2010. 4) Build upon the existing relationships between WABA and both the College of Alameda and Oakland's Chinatown to expand each community's use of Webster Street. 3 QJ k ,JL 4-j �ln 4-j yl .0 u QJ �ln 14 yl Un u _f Ln c 4-j bi ti; TT Ln Lj Ul Ln Lj Q) Ln. 4-4 rW 0 Q) u Ln c 4-j bi Ln Lj 4-j Ln Ln. 4-4 4-j Ln u Lr) 4-j Ln x LU LO (N LO E v 4-16 (7-j (t 0) m 2� b jD LU: M LA 4-a u r-I (Y) Lr) m 4-j 4 u CL Ln 4-j a) Q.).. 0 0.. o ll W 0: (u IL cL M. t (A I m Ne 4-j III Lei gag-- yq Z AI :1� a xAl, CL) CMS RN A ii I IC it v. Ln 14 wn! QU r te k. II I F. r ME T3 ton E 0 b.0 Ln C-' L4 fld 4-j Fo rd LA tz 0 CI- Cz c -j-j Q) Ln Ln 4-4 t/I ci LO <D 7D 4,J Ln 4-4 oc� _a 0 T3 ton E 0 b.0 Ln C-' L4 fld 4-j Fo rd LA tz 0 CI- Cz c -j-j Q) Co Cn ci LO <D 7D 4 A s AV4. FY1 11 Pr oposed Operating Budget West Alameda Busi Association 9 �..__...m......____ EXPENSES s_........_._..____.__.. Salaries /Benefits/Taxe' CITY $36,00 D $0 ASSN, $104 INCOME GRANT BIA L &L INCOME TOTAL N l e mb e r Services $4,000, $D $0 Gr ant Accounting $5,600, $0 $0 m W $8.,676 $0 $0 $81 ,676 B A $0 $36,000 $0 $0 $36,000 Events (net income) $0 $D ........................___._m_ $0 $50,000 50 000 L $0 $0 $30,800: $D $30,800 Ot h e r y.- D$ 0$ D$ $6,500 ......_...._.____._._.__..m.... $3,000 $D $D $0 Total $36,0 $30,800 $5 6,500: $204,976 9 �..__...m......____ EXPENSES s_........_._..____.__.. Salaries /Benefits/Taxe' $0 $36,00 D $0 $6 8,7 40 $104 Rent Utilities I........ ................_.........._..e Offic $4 $3,080 $6,000 $D $D $0 $0 $D $a 0 ..m__.............__._ $D $0 $4 ,800 m.._._. $3,080 $6,000 N l e mb e r Services $4,000, $D $0 $6,000 Accounting $5,600, $0 $0 m W $5,600 Sub To $28,040: $36,000 $D $68,74T $13,780 MA RKETING Wedsite $7,300 $D $0 $0 $7,300 Ne wsletters $6,000 $0 $0 j $0 $6,000 Postage _e._..__._..._.._.. 1,000 $0 $0 $D' $1,000 Advertisin $D $D $0 $24,000 $0 $a 0 Sub T otal $38,300 $0, $D $0 $3 CO MM $3,000 $D $D $0 $3,00 MAINTENANCE $0 $30,800 $0' Tot $69,340; $36,000 $30.800 $68,740; $204,880 _......_..___m_......_ _....__...._.._.__.......__._.r Net Income $12,336 $0. $0 $12 $96 Exhibit #2 Agenda Item #2 -C (3) Special Joint CC and ARRA Mtg CIC Mtg 07 -27 -10 CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: July 27, 2010 Re: Approve an Agreement with the City of Inglewood for Citation Processing and Collection Services The City currently uses an in -house developed citation processing system and staff resources for processing and collecting parking citations. The City now wishes to participate in a "government --to- government" contract services program offered to municipal agencies by the City of Inglewood to utilize "Inglewood Citation Management Services" (ICMS). The City of Inglewood has provided a parking citation processing and collection service for public agencies statewide for more than. 20 years.. This government -to- government contract service provides for sharing expenses for citation processing service and achieving efficiencies from centralized contract service administration and volume discounts. The scope of services includes use of six handheld ticket writers, a hosted citation processing system, data entry of manual citations, printing and mailing of notices, lockbox payment processing, Integrated Voice response System with credit card payment, Internet credit card payment processing, registered owner acquisition, Department of Motor Vehicles (DMV) registration hold filing, and optional. delinquent citation collections with Franchise Tax Board (FTB) Tax Intercept filing and collection agency assignment. The service proposed by the City of Inglewood includes data conversion of existing parking citation data, configuration of the AutoProcess citation Processing system, training and technical support with no capital investment. Costs will be billed monthly in arrears of services being provided. DISCUSSION The City of Alameda has used an in -house developed citation processing system and staffed by one person. The customer service and payment processing are completed by Finance Department staff. Staff reviewed the cost of building or purchasing a replacement system and found that it would be cost prohibitive and require a significant amount of information technology application development resources. Agenda Item #2 -D Special Joint CC and AR IAA Mtg CIC Mtg U7 -27 -1 0 Honorable Mayor and July 27, 2010 Members of the city council Page 2 of 3 In late 2007, Finance Department staff attended a meeting of the California Public Parking Association and began exploring options for upgrading the city's citation processing system. At the meeting, staff met with vendors and viewed .demonstrations of parking citation systems, including the system provided by Duncan Solutions. In mid 2008, Finance and Information Technology staff traveled to Monterey, the closest jurisdiction using the Duncan Solutions product, to view a demonstration of its capabilities. while the city did not proceed at that time, with outsourcing the parking citation services, staff approved and recommended the Duncan Solutions system to department management. In late 2000, staff contacted Duncan Solutions again to discuss utilizing their product in Alameda and learned that Duncan now provides parking citation services through a master service agreement signed with Inglewood citation Management Services. This program services 00 public agencies including the cities of Berkeley, Burbank, Palo Alto, Sacramento, San Diego, Sausalito, Stockton, and Torrance. ICMS parking citation services are provided by a combination of City .staff and contract service providers, with Duncan Solutions as the primary service provider. Processing centers are located in Irvine, California and Milwaukee, Wisconsin, .while handheld ticket writer support is provided from support staff in Carlsbad, California. The. delinquent citation collection services are provided by Law Enforcement Systems (LES), also a Duncan Solutions Company. The citation processing and collections systems a.re integrated, which provides a significant advantage to client agencies for. tracking collections and filing holds at DMV or tax intercept liens at Franchise Tax Board. The experience of Inglewood staff with California DMV citation processing requirements and its ability to provide a new hosted citation processing system.. and related support services with no capital investment is a cost effective solution to limited funds and staffing availability. The ICMS program works as an extension of the clients' parking operations, enforcement or revenue collection departments. Inglewood provides all contract administration, manages the service providers, and interfaces on clients' behalf with the DM's! and FTB to maximize collections. .ICMS has a great appreciation as another government agency of the importance of proper customer service and data security. This partnership with clients allows each .a.gency to select the specific services it wishes to use to supplement its internal capabilities and to adopt business rules that meet the policy direction of the agency. Benefits of outsourcing citation processing and collection services include: 1. Replacement of existing citation processing system with no capital investment; 2. Significant added technical services for more back -up protection and new functionality and reports; 3. Added technical systems and services to improve revenue including Integrated Voice Response system, telephone and Internet payment with credit cards, notice processing, secure lock box payment processing and customer service call center; Honorable Mayor and Members of the City Council July 27, 2010 Page 3 of 3 4. Data conversion of existing citations into new system for smooth transition; 6. Technical support and on-going training services included as part of future transaction processing fees; 6. DMV online access for registered owner information; and 7. options to file delinquent citations with FTB for tax intercept liens. This agreement also provides an opportunity to implement a "Comprehensive Collections Service" through ICMS, which pays for all DMV and FTB fees, obtaining Social Security Numbers, notice printing and mailing, and other collection services for a flat fee based on the amount collected. Staff plans to explore this option further after implementation of the new ICIVS AutoProcess System and services and report results to the City Council as appropriate. FINANCIAL IMPACT The annual cost of this agreement is $76,000 based on an assumption that 26,000 citations will be processed each year. Funds are budgeted in the Police Department's Parking Citations Program contractual services line item (001 3124 61060). The overall net cost of parking citation processing is projected to be significantly less than replacing the current citation processing system through in -house development or purchasing a turnkey system. In addition, processes such as credit card payment processing and an Integrated Voice Response system will improve collections, while the cost of the credit card processing (approximately $1 3,000 per year) will be offset by a customer convenience fee. MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE This action does not affect the Municipal Code. RECOMMENDATION Approve an agreement with the City of Inglewood for citation process and collection services. Respectfully submitted, Lisa Goldman Deputy City Manager Exhibit: 1. Agreement with City of Inglewood on file in the City Clerk's office CITY OF AL.AMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: July 27, 2010 Re: Adopt a Resolution to Allow the City of Access Federal Level Summary criminal Technicians Certification Alameda Fire Department to History for Emergency Medical Assembly Bill 2917, as shown in Exhibit 1, requires that, starting July 1, 2010, all Emergency Medical Technicians (EMTs) have a California Department of Justice (DOJ) and a Federal Bureau of Investigation (FBI) criminal background check. Assembly Bill 2917 also requires that both local and state Emergency Medical Services departments receive subsequent arrest notifications from the DOJ. DISCUSSION On June 15, 2010, the City Council approved Resolution 14451, which provided the City of Alameda with the authority to receive subsequent arrest notifications from the DOJ. The approved resolution was developed under the direction of DOJ staff, who instructed the City of Alameda to not include the terra "Alameda Fire Department" in .the resolution. Subsequently, the DOJ directed the City to change the resolution to include the "Alameda Fire Department The DOJ clarified for the city that only fire departments and emergency medical services agencies can certify E therefore the Fire Department must be included in the resolution. As such, staff is requesting the city Council approve the new, modified resolution. FINANCIAL IMPACT The funds for this project which are approximately $7,500, are included in the FY1 O -11 proposed budget in the Fire Department account for professional services and fingerprinting (3210 -01500 and 3210 01990). Agenda Item #2 -E Special Joint CC and ARRA Mt g cic Mtg 07-27-10 Honorable Mayor and Members of the city Council RECOMMENDATION July 20, 2010 Page 2of2 Adopt a resolution to allow the City of Alameda Eire Department to access federal level summary criminal history for Emergency Medical Technicians certification. Respectfully submitted, 5 David Capler Fire Chief Approved as to funds and account, Lisa Goldman Deputy City Manager t Exhibit: 1. Assembly Bill 2917 tent Assembly Bill Ida. 2917 CHAPTER 274 An act to amend Sections 1797.101, 1.797.170,1797.172,1797.216, and 1798.200 of, to add Sections 1797.61, 1797.117, 1797.118, 1797.184, 1797.211,1797.217,and 1797.219 to, and to repeal and add Section 1797.62 of, the Health and Safety Code, relating to emergency medical services. [Approved by Governor September 25, 2008. Filed with Secretary of State September 25, 2008.] LEGISLATIVE COUNSEL'S DIGEST AB 2917, Torrico. Emergency medical services personnel. Under existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, the. Emergency Medical Services Authority is responsible for establishing minimum standards and promulgating regulations for the training and scope of practice for emergency medical technicians- paramedic .(EMT -P). Violation of the act is a misdemeanor. Under existing law, these standards and regulations would be applicable to local governments, agencies, and other organizations that provide this training. The act also provides for. the certification of emergency medical technicians through the issuance of certificates, including EMT -1 and EMT-11 certificates, by local entities, known as local EMS agencies, which are .designated by counties. Existing law also permits public safety agencies, for public safety personnel, and the State Board of Fire Services, for fire safety personnel, to issue EMT -1 certificates. Existing law provides that the medical director of a local EMS agency or the Emergency Medical Services Authority may deny, suspend, or revoke certificates issued under these provisions, or may place a certificate. holder on probation, upon the occurrence of any of specified events. This bill would, among other things, require the authority to establish and maintain a centralized system for monitoring and tracing EMT -1 and EMT -11 certification status and EMT-P licensure status to be used. by certifying entities, as defined, and would require specified fees to be collected and expended, upon appropriation, for related purposes..The bill would require the authority to adopt regulations regarding the submission of fingerprint images and related information to the Department of Justice. This bill would require the authority to establish EMT -1 and EMT -11 certification and disciplinary guidelines. This bill would authorize an EMT -1 or EMT -11 employer to investigate and discipline those EMT-1 and EMT -11 employees who commit specified acts. This bill would require the medical director to investigate and discipline specified EMT -1s and EMT -11s. By imposing new duties upon local officials, this bill would create a state mandated local program. By changing the definition of a cringe, this bill would impose a state mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. This bill would make the operation of its provisions contingent upon the enactment of SB 997 of the 2007 -08 Regular Session. The people of the State of California coo enact asfollows: Exhibit Ag enda Item #2 1 Special Joint CC and ARRA Mtg C1C Mtg 07 -27-10 SECTION 1. The Legislature finds and declares all of the following: (a) The health and safety of Californians often depends on the timely response and competent care of emergency medical service (EMS) personnel.. (b) whether it is an automobile. accident, heart attack, near drowning, unscheduled childbirth, gunshot wound, or other life critical incident, emergency medical technicians (EMTs) provide vital, lifesaving, prehospital attention to the public and assist in transporting the sick or injured to an appropriate medical facility. (c) Maintaining consistent and accountable. supervision of EMT certificate holders requires that pertinent information about certification be. available to all EMS providers prior to the employment of an El'+i1T. (d) Ensuring the safety of the public, as well as that of first responders, requires that any entity that employs EMTs have access to pertinent information concerning any applicant's background and Criminal history as a condition of. his or her employment. (e) Local EMS agencies have a role to play in maintaining the. consistency of department policies and in conforming to the legal requirements necessary to provide appropriate medical oversight and protect the public safety. SEC. 2. Section .1797.61 is added to the Health and Safety Code, to read: 1797.61. (a) "Certificate." or "license" .means a specific document issued to. an individual denoting competence in the na:m.ed area of prehospital service. (b) "Certificate status" or "license status" means the active, expired, denied, suspended, revoked, or placed on probation designation applied to a certificate or license issued pursuant to this division. SEC. 3. Section 1797.62 of the Health and Safety Code is repealed. SEC. 4. Section 1797.62 is added to the. Health and Safety Code, to read: 1797.62. "Certifying entity" means a public safety agency or the office .of the State Fire Marshal if the agency has a training program for EMT -I personnel that is approved pursuant to the standards developed. pursuant to Section 1797.109, or the medical director of a local EMS agency. SEC. S. Section 1797.101.of the Health and Safety Code is. amended to read: 1797.101. The Emergency Medical Services Authority shall beheaded by the Director of the Emergency Medical Services Authority rho. shall be appointed by the Governor upon nomination by the Secretary of California Health. and Human Services. The director shall be a physician and surgeon licensed in California pursuant to the provisions of Chapter. S (commencing. with Section 2000) of Division 2 of the Business and. Professions Code, and who has substantial experience in the practice of emergency medicine. SEC. 6. Section .1797.117 is added. to the Health and. Safety Code, to read: 1797.117. (a) The authority shall establish and maintain a, centralized registry system for the monitoring and tracking of each EMT-I. and EMT-11. certificate status and each EMT -P license status. This. centralized registry system shall be used by the certifying entities as part .of the. certification process for an EMT -I and EMT -11 and by the .authority as part of the licensure process for an EMT -P license. The authority shall, by regulation, specify the data elements to be included in the centralized registry systern, the requirements .for certifying entities to report the data elements for inclusion in the registry, including reporting deadlines, the penalties for failure of a certifying :entity to. report ..Certif cation status changes within these deadlines, and. requirements for submission. to the Department of Justice fingerprint images and related. information required. by. the Department of Justice of. except as otherwise provided in this division, EMIT -1 and EMT -11 certificate candidates or holders and EMT -P license candidates or holders for the purposes described in subdivision. (c). The data elements to be included in the centralized registry system shall :include, but are not .limited to, data elements that are to be made publicly available pursuant to subdivision (b). (b) The information made. available to .the public through the centralized registry system shall include all of the following data elements: the full name of every individual who has been issued an EMT -1 or. EMT -11 certificate or EMT -P license, the name of the entity that issued the certificate or license, the certificate or license number, the date of issuance of the license or certificate, and the license or certificate status. (c) (1) As part of the centralized registry system, the authority shall electronically submit to the Department of Justice fingerprint images and related information required by the Department of Justice of all EMT -I and EMT-11. certificate candidates or holders, and of all E 'T -P license applicants, for the purposes of obtaining information as to the existence and content of a record of state or federal convictions and state or federal arrests and also information as to the existence and content of a record of state or federal arrests for which the Department of Justice establishes that the person is free on bail or on his or her recognizance pending trial or appeal. (2) When received, the Department of Justice shall forward to the .Federal Bureau of Investigation requests for. federal summary criminal history information received pursuant to this subdivision. The Department of Justice shall review the information returned from the Federal Bureau of Investigation and compile and electronically disseminate a primary response to the authority. and electronically disserinate a dual response to one government agency certifying entity. (3) The Department of Justice. shall electronically provide the primary response to the authority and also electronically, the dual response. to. one certifying entity that is a government agency, pursuant to paragraph (1) of subdivision (p) of Section 11105 of the Penal Code. (d) The authority shall. request the Department of Justice. to provide subsequent arrest notification service, as provided pursuant to Section 11105.2 of the Penal Code, for persons described in subdivision (c). All subsequent arrest notifications provided to the authority for persons ...described in subdivision (c) shall be electronically submitted to one government agency certifying entity, as a dual response by the Department of Justice. (e) The Department of Justice shall charge a fee sufficient to cover the cost of processing the request described. in this section. SEC. 7. Section 1797.118 is added to the .Health and Safety Code, to read: 1797.118. (a) On and after July 1, 2010, and except as provided in subdivision (b), every EMT -I and EMT -11 certificate candidate or holder. shall have their fingerprint images and related information submitted to the authority for submission to the Department of Justice pursuant to the regulations adopted pursuant to Section 1797.1.17 for a state and federal.level criminal offender record information search, including subsequent arrest information. (b) If a state level criminal offender record information search, including subsequent arrest information, has been conducted on a currently certified EMT -1 or EMT -11, who was certified. prior to July 1, 2010, for the purposes of employment or EMT -I or EMT -11 certification, then the certifying entity. or employer as identified in paragraph (2) of subdivision (a) of Section 1795.200 shall verify in writing to the authority pursuant to regulations adopted pursuant to Section 1797.117 that a state level criminal offender record information search, including subsequent arrest information, has been conducted and. that nothing in the criminal offender record information search precluded .the individual. from obtaining EMT -1 or EMT -11 certification. SEC. S. Section 1797.170 of the Health and Safety Code is .amended to read: 1797.170. (a) The authority shall develop. and, after approval by the commission pursuant to Section .1799..50, adopt regulations for .the training and scope of practice for EMT -1 certification. (b) Any individual certified as. an EMT -I pursuant to this division shall be recognized as an EMT -I on a statewide basis, and recertification shall be based on statewide standards. Effective July 1, 1990, any individual certified .as an EMT -I pursuant to this act shall complete a course of training on the nature of sudden infant death syndrome which is developed by the California SIDS program in the State Department of Public Health in consultation with experts in the field of sudden infant death syndrome. SEC. 9. Section. 1797.172 of the Health and Safety Code is amended to read: 1797.172. (a) The authority shall develop and, after approval by the commission pursuant to Section 1799.50, adopt minimum standards for the training and scope of practice for EMT -P. (b) The approval of the director, in consultation with a committee of local EMS medical directors named by the EMS Medical Directors Association of California, is required prior to implementation of any addition to a local optional scope of practice for EMT -Ps proposed by the medical director of a local EMS agency. (c) Notwithstanding any other provision of law, the authority shall be the agency solely responsible for licensure and licensure renewal of EMT -Ps who meet the standards and are not precluded from licensure because of any of the reasons listed in subdivision (d) of Section 1798.200. Each application for licensure or licensure renewal shall require the applicant's social security number in order to establish the identity of the applicant. The information obtained as a result of a state and federal level criminal offender record information search shall be used in accordance with Section 11105 of the Penal Code, and to determine whether the applicant is subject to denial of licensure or licensure renewal pursuant to this division. Submission of fingerprint images to the Department of Justice may not be required for licensure renewal upon determination by the authority that fingerprint images have previously been submitted to the Department of Justice during initial licensure, or a previous licensure renewal, provided that the license has not lapsed and the applicant has resided continuously in the state since the initial licensure. (d) The authority shall charge fees for the licensure and licensure renewal of EMT -Ps in an amount sufficient to support the authority's licensure program at a level that ensures the qualifications of the individuals licensed to provide quality care. The basic fee for licensure or licensure renewal of an EMT -P shall .not exceed one hundred twenty-five dollars ($125) until the adoption of regulations that specify a different amount that does not exceed the authority's EMT -P licensure, license renewal, and enforcement programs. The authority shall annually evaluate fees to determine if the fee is sufficient to fund the actual costs of the authority's licensure, licensure renewal, and enforcement programs. If the evaluation shows that the fees are excessive or are insufficient to fund the actual costs of the authority's EMT -P licensure, licensure renewal, and enforcement programs, then the fees shall be adjusted accordingly through the rulemaking process described in the Administrative Procedures Act (Chapter 3.5 (commencing with Section 11340) of Part I of Division 3 of Title 2 of the Government Code). Separate additional fees may be charged, at the option of the authority, for services that are not shared by all applicants for licensure and licensure renewal, including, but not limited to, any of the following services: (1) Initial application for licensure as an EMT -P. (2) Competency testing, the fee for which shall not exceed thirty dollars ($34 except that an additional fee may be charged for the cost of any services that provide enhanced availability of the exam for the convenience of the EMT -P, such as on- demand electronic testing. (3) Fingerprint and criminal record check. The applicant shall, if applicable according to subdivision (c), submit fingerprint images and related information for criminal offender record information searches with the Department of Justice and the Federal Bureau of Investigation. (4) Out-of-state training equivalency determination. (5) Verification of continuing education for a lapse in licensure. (6) Replacement of a lost licensure card. The fees charged for individual services shall be set so that the total fees charged to EMT -Ps shall not exceed the authority's actual total cost for the EMT -P licensure program. (e) The authority may provide nonconfidential, nonpersonal information relating to EMS programs to interested persons upon request, and may establish and assess fees for the provision of this information. These fees shall not exceed the costs of providing the information. (f) At the option of the authority, fees may be collected for the authority by an entity that contracts with the authority to provide any of the services associated with the EMT -P program. All fees collected for the authority in a calendar month by any entity designated by the authority pursuant to this section to collect fees for the authority shall be transmitted to the authority for deposit into the Emergency Medical Services Personnel Fund within 30 calendar days following the last day of the calendar month in which the fees were received by the designated entity, unless the contract between the entity and the authority specifies a different timeframe. SEC. 10. Section 1797.184 is added to the Health and Safety Code, to read: 1797.184. The authority shall develop and, after approval by the commission pursuant to Section 1799.5 0, adopt all of the following: (a) Guidelines for disciplinary orders, temporary suspensions, and conditions of probation for EMT -I and EMT -11 certificate holders that protects the public health and safety. (b) Regulations for the issuance of EMT -1 and EMT -11 certificates by a certifying entity that protects the public health and safety. (c) Regulations for the recertification of EMT -1 and EMT -11 certificate holders that protect the public health and safety. (d) Regulations for disciplinary processes for EMT -I and EMT -11 applicants and certificate holders that protect the public health and safety. These disciplinary processes shall be in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. SEC. 11. Section 1797.211 is added to the Health and Safety Code, to read: 1797.211. Each local EMS agency shall submit certificate status updates to the authority within three working days after a final determination is made regarding a certification disciplinary action taken by the medical director that results in a change to an EMT-I or EMT -11 certificate status. SEC. 12. Section 1797.216 of the Health and Safety Code is amended to read: 1797.215. Public safety agencies that are certifying entities may certify and recertify public safety personnel as EMT -1. The state fire marshal, subject to policy guidance and advice froze the State Board of Fire Services, may certify and recertify fire safety personnel as EMT -1. All persons certified shall have completed a program of training approved by the local EMS agency or the authority and have passed a competency -based examination. SEC. 13. Section 1797.217 is added to the Health and Safety Code, to read: 1797.217. (a) Every certifying entity shall submit to the authority certification data required by Section 1797.117. (b) The authority shall collect fees from each certifying entity for the certification and certification renewal of each EMT -1 and EMT -11 in an amount sufficient to support the authority's central registry program and the local. EMS agency administrative law judge reimbursement program. Separate additional fees may be charged, at the option of the authority, for services that are not shared by all applicants. (c) The authority's fees shall be established in regulations, and fees charged for individual services shall be set so that the total fees charged shall not exceed the authority's actual total cost for the authority's central registry program, state and federal criminal offender record information search response program, and the local EMS agency administrative law judge reimbursement program. (d) In addition to any fees collected by EMT -1 or EMT -11 certifying entities to support their certification, recertification, or enforcement programs, EMT -I or EMT -11 certifying entities shall collect fees to support the authority's central registry program, and the local EMS agency administrative law judge reimbursement program. In lieu of collecting fees from an individual, pursuant to an employer choice, a collective bargaining agreement, or other employment contract, the certifying entity shall provide the appropriate fees to the authority pursuant to this subdivision. (e) All fees collected for or provided to the authority in a calendar month by an EMT-I or EMT -I1 certifying entity pursuant to this section shall be transmitted to the authority for deposit into the Emergency Medical Technician Certification Fund within 30 calendar days following the last day of the calendar month in which the fees were received by the certifying entity, unless a contract between the certifying entity and the authority specifies a different timeframe. (f) At the option of the authority, fees may be collected for the authority by an entity that contracts with the authority to provide any of the services associated with the registry program, or the state and federal criminal offender record information search response program, or the local EMS agency administrative law judge reimbursement program. All fees collected for the authority in a calendar month by any entity designated by the authority pursuant to this section to collect fees for the authority shall be transmitted to the authority for deposit into the Emergency Medical Technician Certification Fund within 30 calendar days following the last day of the calendar month in which the fees were received by the designated entity, unless the contract between the entity and the authority specifies a different timeframe. (g) The authority shall annually evaluate fees to determine if the fee is sufficient to fund the actual costs of the authority's central registry program., state and federal criminal offender record information search response program, and local EMS agency administrative law judge reimbursement program. If the evaluation shows that the fees are excessive or are insufficient to fund the actual costs of these programs, then the fees will be adjusted accordingly through the rulemaking process as outlined in the Administrative Procedures Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (h) The Emergency Medical Technician Certification Fund is hereby created in the State Treasury. All moneys deposited in the fund shall be made available, upon appropriation, to the authority for purposes of the central registry program, state and federal criminal offender record information search response program, and the local EMS agency administrative law judge reimbursement program. The local EMS agency administrative law judge reimbursement program is solely for the purpose of making reimbursements to local emergency medical service agencies for actual administrative law judge costs regarding EMT -1 or EMT -I1 disciplinary action appeals. Reimbursement to the local emergency medical service agencies shall only be made if adequate funds are available from fees collected for the authority's local EMS agency administrative law judge reimbursement program. (i) The authority may transfer unused portions of the Emergency Medical Technician Certification Fund to the Surplus Money Investment Fund. Funds transferred to the Surplus Money Investment Fund shall be placed in a separate trust account, and shall be available for transfer to the Emergency Medical Technician Certification Fund, together with interest earned, when. requested by the authority. 0) The authority shall maintain a reserve balance in the Emergency Medical Technician Certification Fund of 5 percent of annual revenues. Any increase in the fees deposited in the Emergency Medical Technician Certification Fund shall be effective upon a determination by the authority that additional moneys are required to fund expenditures of this section. SEC. 14. Section 1797.219 is added to the Health and Safety Code, to read: 1797.219. All investigatory and disciplinary processes for EMT -I and EMT -11 certificate holders shall be, subject to Chapter 9.6 (commencing with Section 3250) of Division 4 of Title l of the Government Code, with respect to certificate holders who" are firefighters otherwise subject to these provisions, and Chapter 9.7 (commencing with Section 3300) of Division 4 of Title 1 of the Government Code, with respect to certificate holders who are peace officers otherwise subject to these provisions. SEC. 15. Section 1798.240 of the Health and Safety Code is amended to read: 1798.200. (a) (1) (A) Except as provided in paragraph (2), an employer of an EMT -1 or EMT -11 may conduct investigations, as necessary, and take disciplinary action against an EMT -1 or EMT -11 who is employed by that employer for conduct in violation of subdivision (c). The employer shall notify the medical director of the local EMS agency that has jurisdiction in the county in which the alleged violation occurred within three days when an allegation has been validated as a potential violation of subdivision (c). (B) Each employer of an EMT -1 or EMT -11 employee shall notify the medical director of the local EMS agency that has jurisdiction in the county in which a violation related to subdivision (c) occurred within three days after the EMT -I or EMT -11 is terminated or suspended for a disciplinary cause, the EMT -I or EMT -11 resigns following notification of an impending investigation based upon evidence that would indicate the existence of a disciplinary cause, or the EMT -I or EMT -11 is removed from EMT related duties for a disciplinary cause after the completion of the employer's investigation. (C) At the conclusion of an investigation, the employer of an EMT -1 or EMT I1 may develop and implement, in accordance with the guidelines for disciplinary orders, temporary suspensions, and conditions of probation adopted pursuant to Section 1797.184, a disciplinary plan for the EMT -I or EMT -11. Upon adoption of the disciplinary plan, the employer shall submit that plan to the local EMS agency within three working days. The employer's disciplinary plan may include a recommendation that the medical director of the local EMS agency consider taking action against the holder's certificate pursuant to paragraph (3). (2) If an EMT -1 or EMT -II is not employed by an ambulance service licensed by the Department of the California. Highway Patrol or a public safety agency or if that ambulance service or public safety agency chooses not to conduct an investigation pursuant to paragraph (1) for conduct in violation of subdivision (c), the medical director of a local EMS agency shall conduct the investigations, and, upon a determination of disciplinary cause, take disciplinary action as necessary against this EMT -1 or EMT -11. At the conclusion of these investigations, the medical director shall develop and implement, in accordance with the recommended guidelines for disciplinary orders, temporary orders, and conditions of probation adopted pursuant to Section 1797.184, a disciplinary plan for the EMT -1 or EMT -11. The medical director's disciplinary plan may include action against the holder's certificate pursuant to paragraph (3). (3) The medical director of the local EMS agency may, upon a determination of disciplinary cause and in accordance with regulations for disciplinary processes adopted pursuant to Section 1797.184, deny, suspend, or revoke any EMT -1 or EMT -I1 certificate issued under this division, or may place any EMT -I or EMT -11 certificate holder on probation, upon the finding by that medical director of the occurrence of any of the actions listed in subdivision (c) and the occurrence of one of the following: (A) The EMT-I or EMT -11 employer, after conducting an investigation, failed to impose discipline for the conduct under investigation, or the medical director makes a determination that the discipline imposed was not according to the guidelines for disciplinary orders and conditions of probation and the conduct of the EMT -I or EMT -11 certificate holder constitutes grounds for disciplinary action against the certificate. (B) Either the employer of an EMT -I or EMT -11 further determines, after an investigation conducted under paragraph (1), or the medical director determines after an investigation conducted under paragraph (2), that the conduct requires disciplinary action against the certificate. (4) The medical director of the local EMS agency, after consultation with the employer of an EMT -1 or EMT -11, may temporarily suspend, prior to a hearing, any EMT -I or EMT -11 certificate or both EMT -I and EMT -11 certificates upon a detennination that both of the following conditions have been meet: (A) The certificate holder has engaged in acts or omissions that constitute grounds for revocation of the EMT -1 or EMT -11 certificate. (B) Permitting the certificate holder to continue to engage in the certified activity without restriction would pose an imminent threat to the public health or safety. (5) If the medical director of the local EMS agency temporarily suspends a certificate, the local EMS agency shall notify the certificate holder that his or her EMT -1 or EMT -11 certificate is suspended and shall identify the reasons therefor. Within three working days of the initiation of the suspension by the local EMS agency, the agency and employer shall jointly investigate the allegation in order for the agency to make a determination of the continuation of the temporary suspension. All investigatory infon not otherwise protected by law held by the agency and employer shall be shared between the parties via facsimile transmission or overnight mail relative to the decision to temporarily suspend. The local EMS agency shall decide within 15 calendar days, whether to serve the certificate holder with an accusation pursuant to Chapter 5 (commencing with Section 11500) of Part I of Division 3 of Title 2 of the Government Code. If the certificate holder files a notice of defense, the hearing shall be held within 30 days of the local EMS agency's receipt of the notice of defense. The temporary suspension order shall be deemed vacated if the local EMS agency fails to make a final determination on the merits within 15 days after the administrative law judge renders the proposed decision. (6) The medical director of the local EMS agency shall refer, for investigation and discipline, any complaint received on an EMT -I or EMT -11 to the relevant employer within three days of receipt of the complaint, pursuant to subparagraph (A) of paragraph 1) of subdivision (a) (b) The authority may deny, suspend, or revoke any EMT -P license issued under this division, or may place any EMT -P license .issued under this division, or may place any EMT -P licenseholder on probation upon the finding by the director of the occurrence of any of the actions listed in subdivision (c). Proceedings against any EMT -P license or licenseholder shall be held in accordance with Chapter 5 (commencing with Section 11500) of Part I of Division 3 of Title 2 of the Government Code. (c) Any of the following actions shall be considered evidence of a threat to the public health and safety and may result in the denial, suspension, or revocation of a certificate or license issued under this division, or in the placement on probation of a certificate or licenseholder under this division: I) Fraud in the procurement of any certificate or license under this division. (2) Gross negligence. (3) Repeated negligent acts. (4) Incompetence. (5) The commission of any fraudulent, dishonest, or corrupt act that is substantially related to the qualifications, Junctions, and duties of prehospital personnel. (6) Conviction of any crime which is substantially related to the qualifications, functions, and duties of prehospital personnel. The record of conviction or a certified copy of the record shall be conclusive evidence of the conviction. (7) Violating or attempting to violate directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of this division or the regulations adopted by the authority pertaining to prehospital personnel. (8) Violating or attempting to violate any federal or state statute or regulation that regulates narcotics, dangerous drugs, or controlled substances. (9) Addiction to, the excessive use of, or the misuse of, alcoholic beverages, narcotics, dangerous drugs, or controlled substances. (10) Functioning outside the supervision of medical control in the field care system operating at the local level, except as authorized by any other license or certification. (11) Demonstration of irrational behavior or occurrence of a physical disability to the extent that a reasonable and prudent person would have reasonable cause to believe that the ability to perform the duties normally expected may be impaired. 12) Unprofessional conduct exhibited by any of the following: (A) The mistreatment or physical abuse of any patient resulting from force in excess of what a reasonable and prudent person trained and acting in a similar capacity while engaged in the performance of his or her duties would use if confronted with a similar circumstance. Nothing in this section shall be deemed to prohibit an EMT -I, EMT -11, or EMT -P from assisting a peace officer, or a peace officer who is acting in the dual capacity of peace officer and EMT -I, EMT -11, or EMT --P, from using that force that is reasonably necessary to effect a lawful arrest or detention. (B) The failure to maintain confidentiality of patient medical information, except as disclosure is otherwise permitted or required by law in Sections 56 to 56.6, inclusive, of the Civil Code. (C) The commission of any sexually related offense specified under Section 290 of the Penal Code. (d) The information shared among E'+11T -1, EMT -11, and EMT -P employers, medical directors of local EMS agencies, the authority, and EMT -I and EMT --11 certifying entities shall be deemed to be an investigative communication that is exempt from public disclosure as a public record pursuant to subdivision (f) of Section 6254 of the Government Code. A formal disciplinary action against an EMT -1. EMT -11, or EMT -P shall be considered a public record available to the public, unless otherwise protected from disclosure pursuant to state or federal law. (e) For purposes of this section "disciplinary cause" means an act that is substantially related to the qualifications, functions, and duties of an EMT -1, EMT -11, or EMT -P and is evidence of a threat to the public health and safety described in subdivision (c). SEC. 16. This act shall become operative only if Senate Bill 997 of the 2007- 08 Regular Session is enacted and becomes effective on or before January 1,2009. SEC. 17. This act shall not be construed to limit or otherwise impair the medical control of the medical director of a local EMS agency granted pursuant to Section 1798 of the Health and Safety Code. SEC. 18. The Legislature finds and declares that Section 15 of this act, which amends Section 1798.200 of the Health and Safety Code, imposes a limitation on the public's right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: emergency medical technicians serve a critical role in the state's emergency response network. The public safety is best protected when appropriate and consistent disciplinary standards are applied. When accusations have been made against a certified EMT -I or EMT -11, the individual must be given the investigatory and due process protection that is offered to other licensed and certified professionals such as paramedics, physicians, nurses, and other health care providers. The public shall have certification, licensure, disciplinary and other information readily available with the implementation of the EMT -1, EMT -11, and EMT -P registry as created by Section 1797.117 of the .Health and Safety Code. SEC. 19. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIB of the California Constitution. However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. CITY OF ALAMEDA RESOLUTION NO. AUTHORIZING THE CITY OF ALAMEDA AND THE ALAMEDA FIRE DEPARTMENT TO ACCESS FEDERAL LEVEL SUMMARY CRIMINAL HISTORY FOR EMERGENCY MEDICAL TECHNICIANS WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) authorize cities, counties and districts to access state and local summary criminal history information for employment or certification purposes; and WHEREAS, Penal Code Section 11105(b)(11) authorizes cities and districts to access federal level criminal history information by transmitting fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation; and WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) require that there be a requirement or exclusion from employment or certification based on specific criminal conduct on the part of the subject of the record; and WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) require the city council, board of supervisors, or governing body of a city, county or district to specifically authorize access to summary criminal history information for employment or certification purposes. NOW THEREFORE, BE IT RESOLVED, that the City of Alameda and the Alameda Fire Department is hereby authorized to access state and federal level summary criminal history information for employment (including volunteers and contract employees) or certification for EMT purposes and may not disseminate the information to a private entity. BE IT FURTHER RESOLVED, that the City of Alameda and the Alameda Fire Department shall not consider a person who has been convicted of a violent or serious felony or misdemeanor eligible for employment (including volunteers and contract employees) except that such conviction may be disregarded if it is determined that mitigating circumstances. exist, or that the conviction is not related to the employment or volunteer in question. Resolution #2 -E Special Joint CC and ARRA Mtg CIC Mtg 07-27-10 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed b the council of the city of Alameda in tx regular meeting assembled on the 27 day of July, 2010, 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 28 day of July, 2010. Lara Weisiger, city clerk City of Alameda CITY OF ALAMEDA ORDINANCE NO. New Series E AMENDING THE ALAMEDA MUNICIPAL CODE BY AMENDING SUBSECTION 8 -7.11 (RECREATIONAL VEHICLES, TRAILERS, AND BOAT TRAILERS) OF SECTION 8 -7 (PARKING PROHIBITIONS) OF CHAPTER loll (TRAFFIC, MOTOR VEHICLES AND ALTERNATIVE TRANSPORTATION MODES) CL BE IT ORDAINED by the Council of the City of Alameda that: Section 1. Subsection 8 -7.11 of the Alameda Municipal code is hereby amended to read as follows: 8 -7.11 Recreational 'vehicles, Trailers, and Boat Trailers: Prohibitions; Exceptions. (a) It shall be unlawful for any person to park or to leave unattended any recreational vehicle (as defined in Section 18010 of the Health and Safety code), trailer (as defined in Section 630 of the Vehicle code) or boat trailer (whether or not such trailer or boat trailer is hitched to a motor vehicle) on the streets of the City of Alameda. Such recreational vehicles, trailers and /or boat trailers may be towed to, and stored at, an impound facility at the owner's expense. (b) Notwithstanding the foregoing: 1. Recreational vehicles, trailers, and boat trailers may park on the street pursuant to a temporary permit issued by the Alameda Police Department. Temporary permits shall not exceed a twenty -four (24) hour period and no more than two (2) temporary permits will be issued for any single recreational vehicle, trailer or boat trailer within a single calendar month. Section 2. This Ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage. Presiding officer of the city Council Attest: Lara Weisiger, City Clerk City of Alameda Final Passage of ordinance #2 -F Special Joint CC and ARRA Mtg CIC Mtg 07 -27 -10 I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alamed ®a in a regular meeting assembled on the day of 2010 by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this day of 2010. Lara Weisiger, City Clerk City of Alameda City of Alameda California July 27, 2010 Docket Management Facility (M -30) US Department of Transportation West Building Ground Floor, Room W12 140 1200 New Jersey Avenue, S.E. Washington, D.C. 20590 -0001 Re: Docket Number: USCG 2009 -0803 To Whom It May concern: am writing in regards to Alameda County's request to reduce costs associated with the on going operation and maintenance of the Estuary drawbridges. As proposed, bridge staffing requirements for the Park Street, Fruitvale Avenue (Miller /Sweeney), and High Street vehicular drawbridges, as well as the U.S. Army corps of Engineers railroad drawbridge at Fruitvale Avenue, will be modified from a 24 --hour daily schedule to a 7 and one -half hour daily schedule. More Specifically, bridges will be staffed between the hours of 9 a.m. and 4 :30 p.m. and upon 4 hours advance notice between the hours 4:30 p.m. and 9 a.m. The restrictions further State [d]uring Interstate rush hours, 8 a.m. to 9 a.m. and 4:30 p.m. to 0:30 p.m., Monday through Friday, the draws Shall open for reasons of safety, move on a tide or slack water, if at least four hours notice is given to the bridge owner." The current requirement is two hours. M staff and I have met with representatives from the Alameda county Public Works Agency and reviewed the documentation they used to justify the requested change to bridge operations. At that meeting the county indicated that the proposal has been revised, and the Miller /Sweeney and railroad drawbridges are proposed to be staffed 24 hours per day. however, the proposed closures will still negatively affect the Park Street and High Street bridges. As can be imagined, the city has received numerous negative comments from the local maritime community regarding the proposed changes and has met with local representative on impacts to the community. Proposal overlooks County s Duty To Navigational and Safety concerns: While the city understands the reasons for the County's cost cutting proposal, the County's data examines bridge openings as the sole justification for modifying the current 24 -hour daily staffing of the bridges. This approach, however, ignores the need to address navigational and safety concerns along the Estuary. When Alameda county Office ce the City Manac,er RIWMRMRN� 2263 Santa Clara Avenue, Boom 320 City Manager Communication #3 -A Alameda, California 94501 -4477 Special Joint CC and ARRA Mtg 510.747.4700 Office Fax 5 0.747.4704 o rTDD 510.522.7538 ClC Mt g 07 27 -1v Docket Management Facility (M -30) July 27, 2010 Docket Number: USCG 2009 -0803 Page 2 of 4 agreed to own and maintain the Estuary bridges, it also agreed to provide a duty to the residents of Alameda and Oakland to ensure the continuous and uninterrupted protection of life and property for both sides of the Estuary. The need to provide uninterrupted access to bridge openings for coast Guard, Fire and law enforcement agencies to protect our citizens is an equally important function of staffing the drawbridges. This duty cannot be pre- scheduled or predicted, must not be taken lightly, and should not be subject to cost cutting tactics. Therefore, the proposed rule should be considered a "significant regulatory action" under section 3(f )(1) of Executive Order 12866, Regulatory Planning and Review, as it may adversely affect in a material way the public health and safety of the local communities of Alameda and Oakland. As such, the proposed rule should not be approved. Proposed Rule Excludes Reducing Operational Costs As Justification: Furthermore, coast Guard policy does not allow using costs as justification for changing bridge operations. In fact, the supplemental information accompanying the proposed rule specifically states The Coast Guard policy regarding the promulgation of drawbridge operation regulations requires that no regulation shall be implemented for the sole purpose of saving the bridge owner the cost to operate a bridge [i]t is the bridge owner's statutory and regulatory responsibility to provide the necessary drawbridge tenders for the safe and prompt opening of a bridge Therefore, the Alameda County proposal to eliminate staffing of the Estuary drawbridges with a four -hour advance notice 69% of the time is in direct conflict with the above coast Guard policy and should not be approved. The proposal is solely for the purpose of reducing costs and does not provide for "the safe and prompt opening" of the drawbridges as required. Proposal Will Isolate 140 Residential and several commercial Properties: As proposed, limiting the staffing of the drawbridge will result in an isolated stretch of shoreline of approximately 140 residential parcels, many with boat houses and docks, and several commercial properties, including the stone Boat Yard and a boat storage facility owned by Pike Property, LLC in Alameda. These properties will be unreachable for four hours or greater by the coast Guard or other emergency response agencies in the case of a boating emergency or waterside fire. This will significantly and irreversibly impact these properties, resulting in the real potential for loss of life and extensive property damage. Again, this proposed rule may adversely affect in a material way the Docket Management Facility (M -30) July 27, 2010 Docket Number: USCG 2009 -0803 Page 3 of 4 public health and safety of the local communities of Alameda and Oakland and should be considered a "significant regulatory action" under Section 3(f)(1) of Executive Order 12866. Proposal Will Significantly Impact Ferry Service and Emergency Response: The city of Alameda and the San Francisco Bay Area water Emergency Transportation Authority (WETA) also currently dock up to three ferry vessels at the Pike Property site. These vessels are used as back up for the city's Ferry Services should the primary vessel encounter mechanical problems during the daily service and require the Park Street drawbridge to be opened for safe passage. Requiring a four-hour advance notice for the opening of the drawbridge after 4:30 p.m. would affect the City's ability to operate the p.m. peak hour service for both the Alameda /Oakland Ferry Service a.nd .the Alameda Harbor Bay Ferry Service should a back -up vessel be required to continue the service. In addition, these- vessels would be used by WETA to provide for the transport of first responders, disaster service workers, and the general public. during an emergency that affects the Bay Area Interstate system. A four hour or greater delay would significantly impact vv ETA's ability to respond to an emergency, and couId have considerable regional impacts. Therefore, the proposed rule should be considered a "significant regulatory action" under Section 3(f )(2) of Executive Order 12866 Regulatory Planning and Review as it may create a serious inconsistency or otherwise interfere with the ability of Alameda or WETA to provide regular commute ferry service or respond to regional emergencies that cripple the Interstate Transportation System. As such, the proposed rule should not be approved. Unknown Impact on Property values: In addition, the proposal to eliminate staffing of the Estuary drawbridges with a four -hour advance notice 69% of the time could directly affect property values of the approximately 140 residential and several commercial properties along the Estuary. The proposal significantly restricts property owners' navigational rights and ability to use their vessels, which, in turn, could affect the value of the property along the Estuary. The proposal also limits emergency response times along the Estuary for these properties, raising potentially significant health and safety concerns and potentially reducing property values. This appears to violate Executive order 12630, Governmental Actions and Interference with Constitutionally Protected. Property Rights, which states, in part, "regulations imposed on a private property that substantially affect its value or use, may constitute a taking of property even though the action results in less than a complete deprivation of all use or value and even if the action constituting a taking is temporary in nature." Docket Management Facility (M -30) July 27, 2010 Docket Number: USCG 2009 -0803 Page 4 of 4 National Environmental Policy Act of 1969 (NEPA) Due to the potentially significant impacts associated with navigational and safety concerns, the loss of property owners' navigational rights, the increase in public health and safety risks to the property owners associated with the increased response times of the US Coast Guard, the Fire Department, and other emergency response teams, the potential impacts to the city Ferry Services and WETA's ability to respond to a regional emergency with ferry vessels, and the potential reductions to property values, the city of Alameda believes that the proposed action constitutes a cumulative significant environmental impact and can not be approved under NEPA. ('.nnr.h jsinn In conclusion, the County's proposal to modify the operations of the Estuary drawbridges is solely for the purpose of reducing costs and does not provide for "the safe and prompt opening" of the drawbridges as required by law. It violates Coast Guard policy, raises significant navigational, health and safety concerns, affects ferry commute operations and ferry emergency response times, and reduces property values. The city of Alameda cannot support the proposal and respectfully requests that the county's request be denied. Should you have questions or require additional information please contact Mr. Matthew T. Naclerio, Public Works Director at 510 749 -5840 or mnaclerio(c�ci.alameda.ca.us. Sincerely, Ann Mari allant Interim C' Manager AMG: MTN :gc cc: Mayor and City Councilmembers David H. Sulouff, chief Bridge section Supervisor Alice Lai- Bitker CITY OF ALAMEDA RESOLUTION NO. REAPPOINTING IAN COUWENBERC AS A MEMBER OF THE CITY HORSING COMMISSION 4 BE IT RESOLVED, by the Council of the City of Alameda that pursuant to the provisions of Subsection 2 -12. 2 of the Alameda Municipal Code, and upon nomination of the Mayor, IAN COUWENBERO is hereby reappointed to the office of member of the Housing ommission of the Ci of Alameda for the terra commencing on July 2� 201 g v g v o, and expiring on June 30, 2014, and to serve until his successor is appointed and qualified. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 27th day of July, 2010, by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 28th day of July, 2010. Lara Weisiger, City Clerk City of Alameda Resolution #4 A Special point CC and Spec ARRA Mt9 CiC Mt9 off' -27 -10 CITY OF ALAMEDA. Memorandum To: Honorable Mayor and Members of the City council From: Ann Marie Gallant Interim city Manager Gate: July 27, 2010 Re: Hold a Public Hearing and Adopt a Report on the collection of Sewer Service char es on the Tax Roll for FY10 -1 1 On July 0, 2010, the city council held a public hearing and introduced an ordinance revising the City's sewer service charge by an amount sufficient to meet its on -going maintenance, operation, and legal obligations. The ordinance was adopted on July 20, 2010. The City's sewer service charges are structured to ensure the cost of providing sewer service is fair and equitably recovered from all customer groups. Residential customers are billed on the annual property tax rolls, and non residential customers are billed annually based on water usage. DISCUSSION Pursuant to California Health and Safety code Section 5473 etseq., the City must adopt a report that contains a description of all of the parcels within Alameda subject to the. City's surer charges, and indicate the subsequent change in sewer service charge that affects that parcel. The purpose of this exercise is to ensure that the sewer charges :being imposed are correct and to avoid clerical or other mistakes, such as a residential parcel being assessed as a commercial parcel. The report on the collection of sewer service charges has been prepared by RMA, an outside consultant. The city published notice on July 9 and July 23 that the report is on file in the City clerk's office in accordance with Government code 6005 so that customers can review the sewer service charges. This report will be used to assess any serer service charges within Alameda on the tax roll for FY10 -11. In the event a customer finds an error or raises a complaint at the public meeting, the City Council may either adapt .the Report and direct staff to correct the error, which it shall do before submitting the Report to .the County, or it may overrule the complaint and adopt the Report. A copy of the Sewer Fee Report is on file in the city clerk's office. Agenda Item #4 -B Special Joint CC and ARRA Mtg cic Mtg o7 -27 -1a Honorable Mayor and Members of the City Council FINANCIAL IMPACT July 27, 2010 Page 2 of 2 The recommended action will have no financial impact to the General Fund. RECOMMENDATION Adopt a report on the collection of sever service charges on the tax roll for FY10-1 1. Approved as to funds and account, Lisa Goldman Deputy City Manager MIUM Exh i b it: 1. Seger Fee Report (on file in the City Clerk's office) CITY OF ALAM E DA Memorandum To Honorable Mayor and Members of the city council From: Ann Marie Gallant Interim City Manager Date: July 27, 2010 Re: }fold a Public Fearing to Establish the Proposition 4 (Appropriations) Limit for FY10 -11 and Adopt a Resolution Establishing the Appropriations Limit for FY10 -11 BACKGROUND Proposition 4, commonly known as. the Gann Initiative, was approved by the California electorate in November 1979. The purpose of the constitutional provision and the implementing legislation of Proposition 4 is to restrict growth of tax funded programs and services by limiting the appropriations of the proceeds of taxes to the FY78 -79 base year limit, adjusted annually for changes in population and inflation. Proceeds of taxes. in excess of the l i m i t with limited exceptions, must be returned to the taxpayers within two years by refund or reduction in tax rates unless extension of the limit is approved .by majority popular vote. Proceeds of taxes include (1) all tax revenues; (2) proceeds from licenses arid. user fees to the extent that such fees exceed costs of providing services; (3) interest earnings from investment of tax revenues; and (4) discretionary state subventions. All .other revenues, i.e. federal funds, enterprise fund revenues, and user fees that do not exceed the cost of providing services are excluded from the limit. In June 1990, the voters approved Proposition 111, which allows for new adjustment formulas for the required appropriations limit that are more responsive to local growth issues. Proposition 111, like Proposition 4, requires review of the limit calculations by an independent auditor in conjunction with the annual financial report. The significant changes to the original Article xIIIB (Proposition 4) and its implementing legislation (Chapter 1206180) as modified by Proposition 111 and SB 88 (Chapter 60190) are as follows: A. Beginning with the FY90 -91 Appropriations Limit, the annual adjustment factors changed. Instead of using the lesser of the California Per capita Income (CPI) or U.S. CPI to measure inflation, each city may choose: Agenda Item #4 -c (1) Special Joint CC and ARRA Mtg c I c Mtg 07 -27 -10 Honorable Mayor and July 27, 2010 Members of the City Council Page 2 of 3 1. Growth in the California Per Capita Personal Income or 2. Growth in the non residential assessed valuation due to new construction within the city. B. Additionally, instead of using only the population growth of the city, each city may choose to use the population growth within its county. These changes in population and inflation are both annual elections. DISCUSSION The Cann limit calculation begins with the total forecasted revenue for FY10 -11 (Exhibit 1). Of the total forecasted revenue, "proceeds" and "non- proceeds" are summarized in separate columns. Total revenue for FY10 -11 is forecast to be $x2,531 ,670.. Proceed revenue subject to the Cann Limit is $44,066,'110, and non proceed revenue, not subject to the Gann Limit, is $28,465,560. Interest income has been allocated besed on the Freighted average of each category. The state Department of Finance Price and Population Information letter dated May 201 0, outlining the provisions of the Appropriations Limit, is Exhibit 2. The Price Factor indicating the Per- capital Personal Income is Exhibit 3, and the Annual Percent change in Population Minus Exclusions January 1, 2009 to January 1, 2010 and Total. Population, January 1, 2010 is Exhibit 4. The Per Capita Personal Income changeover the prior year is -2.54 percent as provided by the State Department of Finance. This factor and the County Population change of 1.10 percent were selected as the incrementing factors for FY1 0-11. The adoption of the Gann Appropriation Limit is an annual requirement. The City's Gann Limit is currently calculated to be $83,029,235 (Exhibit 5). The tax proceeds subject to the Gann Limit are estimated to be $44,066,110. As in past budget years, the city is well within the appropriations limit for FY10 -1 1 as shown on the Annual Appropriations Limit Calculation Summary FY10 -11 (Exhibit 6) As additional information, Exhibit 7 provides information on the city and county of Alameda Population and housing Unit history. FINANCIAL IMPACT The city's estimated proceeds of taxes constitute approximately 53% of the adjusted appropriations limit, well below the city's adjusted Appropriations Limit calculation. Honorable Mayor and Members of the City Council RECOMMENDATION July 27, 2010 Page 3 of 3 Hold a public hearing and adopt a resolution establishing the appropriations limit for FY10- 11 in the amount of $83,029,235. Respectfully submitted, Lisa Goldman Deputy City Manager Exhibits; 1. Revenue Sources and Estimated Proceeds from Taxes FY10 -11 2. State Department of Finance Price and Population Information 3. State Department of Finance Price Factor 4. Annual Percent change in Population Minus Exclusions January 1, 2009 to January 1, 2010 5. Annual Appropriations Limit calculation 0. Annual Appropriations Limit calculations Summary FY10 -11 7. city and county of Alameda Population and Housing Unit History CITY OF ALAMEDA PROPOSITION 4 CALCULATION FISCAL YEAR 2010 -11 REVENUE SOURCES PROPERTY TAKES General "Triple Flip" Subsidy OTHER LOCAL T AXES Sales Tax Property Transfer Tax Utility Users Tax Transient Occupancy Tax PG &E Franchise Fees Solid Waste Franchise Fees Cable Franchise Fees Taxi Franchise Fees. Infrastructure Mitigation Fee City Parks Fee. AMP Franchise Fees In Lieu Fees Golf Surcharge Construction Improvement Tax LICENSES PERMITS Permit Tracking Fee* Community Planning Fee* Business Licenses Taxi Permits Building Permits` Encroachment Permits Electrical Permits* Plumbing Permits* Miscellaneous Permits (Police) USE OF PROPERTY AMP Return on Investment (RO I Rents FINES FORFEITURES General Traffic School Fees REVENUE FROM OTHER. AGEN State .Reimbursement Correctional State Reimbursement Fire POST Reimbursements State Mandate.Reimbursement County Reimbursements Auctions Revenue Guarantee Motor Vehicles In Lieu Property Tax Motor. Vehicle in Lieu Park Fund Contributions Other Donations CURRENT SERVICES General CONTRIBUTIONS FROM OT HER FUNDS Fixed Charges and Transfers In As a percent of Total Allocation of Investment Income Special Fund Exhibit #1 Ag enda [tens #4 -C Special Joint CC and 5�e d ARRA Mt c1c Mtg N ON D[- U PROCEEDS PROCEEDS FROM TAXES FROM TAXES 42,500 20,948,620 12,500 1,549,050 20,000 22,497,670 5,085 465,000 3,650,000 5,800,000. 9,050,750 .5,000 1 ,020,000 35 ,000 225,720 6,295,200 1,405,000 7,687,430 7,687,430 645,66.0 2,415,320 2,415,320 8,500 28,122,160 71,656,670 670,000 39.25% 45,000 343,400 875,000 2,800,000 28,465,560 1,255,140 105,000 235,000 26,665,770 85,000 175,000 1,935,000 3,500 800,000 5,000. 62,000 11 5,000 1,000 3,181,500 2,239,28.0 115, 2,354,280 51 2,000 47,500 559,500 5,200 85,000 42,500 12,500 20,000 40,000 250,000 5,800,000. .5,000 35 ,000 6,295,200 7,687,430 7,687,430 2,415,320 2,415,320 43,534,510 28,122,160 71,656,670 60.75% 39.25% 531,600 343,400 875,000 44,066,110 28,465,560 72,531,670 7 DEPARTMENT OF F I N A N CEE".� May 2010 Dear Fiscal officer: AR N OLD SGHWARZENECCER, 13OVERN ❑R 9 i 5 L STREET SACRAMENTO GA 958 1 4 3706 WWW.D0F.CA.E30V Subject: Price and Population Information Appropriations Limit The California Revenue and Taxation Code, Section 2227, mandates the Department of Finance (Finance) to transmit an estimate of the percentage change.in population to local governments. each local jurisdiction must use their percentage change in population factor for January 1 2010, in conjunction with a change in the cost of living, or price factor, to. calculate. their: a ppropriations limi fo fisca year 2010 -2011. Enclosure I provides the change in California's per capita personal income and an example for utilizing the price factor and population percentage change factor to calculate. the 2010 -2011 appropriations limit. Enclosure 11 provides city and unincorporated county. population percentage changes, and .Enclosure.IIA provides county's and incorporated area's summed. pop ulation percentage changes. The population percentage change data excludes federal and state institutionalized populations and military populations. Population Percent Change for Special [Districts. Some special districts must establish an annual appropriations limit.. Consult the Revenue and Taxation Code, Section 222 8 for further information regarding the appropriation limit. You can access the Code from the following website: "htt pW www. leg info.ca. ©v /caiaw.11tr i" check box: Revenue and Taxation Code" and enter 2228 for the search term to learn more about the various population change factors available to special districts to calculate their appropriations.. limit. Article Xl 11 B, Section .9(C Of the .State Constitution exempts certain special districts.from the appropriations limit calculation mandate. Consult the following website: "littp 13B ".for additional information. Special districts required by law to calculate their appropriations limit must present the calculation as part of their annual audit. Any questions special districts have `on this issue should be referred to their respective county for clarification, or to their legal representation, or to the lave itself. No State agency reviews the local appropriations limits. Population Certification The population certification program applies only to cities and counties. Revenue and Taxation Code Section 11006.6 mandates Finance to automatically certify any population estimate that exceeds the current certified population with the State Controller's office. Finance will certify fhe higher estimate to the State Controller by June 1, 2010. Please Note: Prior year's city population estimates may be revised. If you have any questions regarding this data, please contact the Demographic Research Unit at (916) 323 -4086. Exhibit #2 Agenda Item #4 (1) Special Joint CC and ARRA Mtg C I C Mtg 07 -27 -10 N May 2010 Enclosure 1 A. Price Factor: Article x111 B specifies that local jurisdictions select their cost -of- living factor to compute their appropriation limit by a vote of their governing body. The cost -of-living factor provided here is per capita personal income. If th e percentage change in per capita personal income is selected, the percentage change to be used in setting the 2010 -2011 appropriation limit is: Per Capita Personal Income Fiscal Year Percentage change (FY) over prior year 2010 -2011 B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2010 -2011 appropriation limit. 2010.2011: Per Capita Cost of Living Change -2.54 percent Population Change 1.03 percent Per Capita Cost of Living converted to a ratio: Population converted to a ratio: Calculation of factor for FY 2010 -2011: -2.54 100 .974E 109 1.03 100 1 .0103 100 .974E x 1 .0 103 .984E Exhibit #3 Agenda Item #4 -C 1 Special Joint CC and ARRA Mt CiC ftg 07-27-10 Enclosure 11 Annual Percent Change in Population Minus Exclusions January 1, 2009 to January 1, 2010 and Total Population, January 1, 2010 Total County Percent Chan a Population Minus Exclusions Population City 2009 -2010 1 -1 -09 1 -1 -10 1 -1 -2010 Alameda Alameda 0.90 74,656 75,329 75,409 Albany 0.73 16,898 17,021 17,021 Berkeley 0.81 107,250 108,119 108,119 Dublin 1.93 45,692 46,574 48,821 Emeryville 1.30 10,096 10,227 .10,227 Fremont 1.08 215,787 218,128 218,128 Hayward 1.40 150,983 153,104 .153,104 Livermore 1.01 84,374 85,222 85,312 Newark 0.72 44,064 44,380 44,380 Oakland 1.25 425,368 430,666 430 Piedmont 0.80 11,173 11,262 11,262 Pleasanton 0.81 70,145 70,7.11 70,711 San Leandro 0.79 82,531 83,183 83,183 Union City 1.38 74,030 75,054 75,054 Unincorporated 0.84 142,265 143,460 143,460 County Total 1.10 1,555,312 1,572,440 1,574,857 Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran h©mes. Page 1 Exhibit #4 Agenda Item #4 -C (1) Special Joint CC and ARRA Mg C C Mtg 07 -27 -10 CITY OF ALAI E CAA ANNUAL APPROPRIATIONS LIMIT CALCULATION FY10 -11 Price Factor: Per Capita Personal Income Change Per Capita Cost of Living converted to a ratio: 2.54+100 2.64% 0.9746 100 County Population Change: 1.10 1.10+100 1.011 Calculation of factor for FY1 0-11 FY09 -10 Appropriations Limit FY10 -11 Appropriations Limit FY10 -11 Revenues subject to Appropriations Limit (Attachment A) Unused Appropriations Limit 100 1.011 0.9863 0.9746 x 84 83 44,066 10 38,963,126 Exhibit #5 Agenda Item #4 -C (1) Special Joint CC and ARRA Mtg CC Mtg 07-27-10 CITY OF ALAMEDA ANNUAL APPRQPRIATONS LIMIT CALCULATION S UMMARY FY10 -1'1 Original Adjusted Population Population Per Capita Fiscal Appropriations Appropriations Increase Increase Income Year Limit Limit Within City Within County Increase 1 Ud5 -bb $25,964,962 1986 -87 27,125,274 $27,125,274 2.12% 2.26% 2.30% 1987 -88 28,380,866 28,442,612 1.12% 1.34% 3.47% 1988 -39 29,843,020 30,217,535 0.47% 1.51 4.66% 1989 -90 31,960,066 32,361,149 1.81% 1.35% 5,19% 1990 -91 33,658,624 34,182,194 1.06% 1.36% 4.21% 1991 -92 36,804,086 36,804,086 3.39% 1.48% 414% 1992 -93 37,307,224 2.02% 1.58% 0.64% 1993 -94 39,111,414 2.06°1 1.5b% 2.72% 1994 -95 39,798,751 1.04% 0.97% 0.71% 1995 -96 42,206,554 0.14% 1.27% 4.72% 1996 -97 44,553,109 0.34% 0.85% 4.67 °gyp 1997 -98 47,445,167 1.74% 1.74% 4.67% 1998 -99 50,476,545 1.32 2.15% 4.15% 1999 -00 53,501,816 0.60% 1.40% 4.53% 2000 -01 56,734,946 0.12% 1.08% 4.91% 2001 -02 62,254,356 1.77% 1.62% 7.82% 2002 -03 62,244,474 1.25% 1.62% 1.27% 2003 -04 64,287,304 0.95% 0.82% 2.31% 2004 -05 66,873,978 0.48% 0.72% 3.28 2005 -06 70,884,290 0.17°1 0.70% 5.26% 2006 -07 74,177,671 0.28% 0.66% 3.96% 2007 -08 78,285,106 1.05% 1.07% 4.42% 2008-09 82,713,068 0.99% 1.32% 4.29% 2009 -10 84,266,213 1.50% 0.86% .0.62% 2010 -11 83,029,235 0.90% 1.10% 2.54% Adjusted Estimated Taxes as a Fiscal Appropriations Proceeds Percentage Year Limit of Taxes of. Limit 1986 -87 $27 519,150,006 70.60% 1987 -88 28,442,612 21,171 ,824 74.44% 1988 -89 30,275,280 22,237,185 73.45% 1989 -90 32,422,989 23,980,762 73.96% 1990 -91 34,247,514 26,248,017 76.64% 1991 -92 36,874,417 28,129,049 76.28% 1992 -93 37,307,224 29,585,533 79.30% 1993 -94 39,111,414 29,674,315 75.87% 1994 -95 39,798,751 29,692,284 74.61 1995 -96 42,206,554 31,586,117 74.84°1 1996 -97 44,553,109 32,343,115 72.59% 1997 -98 47,445,167 32,390,148 68.27% 1998 -99 50,476,545 34,936,993 69-21% 1999 -00 53,501,816 37,799,889 70.65% 2000 -01 56,734,946 40,451,148 71.30% 2001 -02 62,254,356 42,282,136 67.92% 2002 -03 62,459,439 44,457,196 71.18% C„) N 2003-04 64,509,323 42, 485 083 65.86% Cr. C.� 2004 -05 67,104,930 40,953,416 61.03% L1J 2005 -06 70,884,290 46,681,034 65.86 2006 -07 74,177,671 50,477,217 68.05% Co Ce 2007-08 78,285,106 53,203,359 67.96 2008 -09 82,713,068 52,288,125 63.22% U 2009 -10 84,266,213 42,876,149 50.88% 2010 -11 83,029,235 44,066,110 53.07% CU Z o� CL V� City and County of Alameda Population and Housing Unit History As of January 1, 2009 CITY OF ALAM E DA COUNTY OF A LAM EDA Persons/ %of County Pct Housing Gate Population Change Units 41111990 73 5.81 30,520 11111991 75,182 1.63% 30,833 11111992 77,411 2.96% 31 1!111993 77 0.40% 31,299 1/1/1994 79 2.02% 31,359 11111995 78 1.53% 31,385 1/1/1996 78 0.31% 3'1,4'13 11111997 76,679 2.10% 31,527 1/1/1998 72 5.07% 31706 1/1/1999 73, 353 0.77% 31,816 11112000 72,259 1.49% 31,644 1/1/2001 73,974 2.37% 31,846 1/1/2002 74 0.70% 31,868 1/1/2003 74,473 0.03% 31,930 1/1/2004 74,356 0.16% 32,003 1/1/2005 74 0.30% 32 1/1/2006 74,405 0.24% 32,212 1 /1 /2007 75 1.14% 32 1!112008 75,823 0.76 32,527 1/1/2009 74,683 1.50% 31,997 11112010 75 0.97% 32,057 Persons/ %of County %of County houshold Population Housing Units 2.360 5.79% 6.05% 2.373 5.81 6.08 2.418 5.91 6.15 2.446 5.86% 6.14% 2.466 5.92% 6.12% 2.443 5.81% 6.09% 2.449 5.77% 6.0.6% 2.487 5.55% 6.05% 2.440 5.15% 6.03% 2.454 5.10 5.99 2.355 5.00% 5.86% 2.376 5.05% 5.86% 2.389 5.02% 5.82% 2.383 4.99% 5.79% 2.379 4.97% 5.77% 2.374 4.95% 5.75 2.362 4.93% 5.73% 2.367 4.93% 5.73% 2.376 4.91 5.70 2.389 4.80% 5.58% 2.408 4.79% 5.57% Source: CA Dept of Finance, City /County Population and Housing Estimates Exhibit #7 Agenda Item #4 -C (1) Special Taint CC and ARRA Mtg C i C mtg 07-27-10 Housing Persons/ Population Units Io�ushold 1 .504 2.590 1,294,724 507 2.611 1,310,478 507 2.641 1,326 509 2.662 1 512,6.13 2.671 1 514;955 2.671 1,356,339 .518,197 2.679 1,381 521 2.722 1,413,372 525,417 2..769 1 531,166 2.788 1,443; 939.. 540,183 2.706 1 543 2.726 1,483 547,210 2.742 1 551. 2.738 .'1,496,968. 554 2.731 1, 507 558 0 2.730 1510,303 562,479 2..716 1 565,973 2.727 1543, 570,619 .2.736 1,556,657 .573,111 2.750 1,574,857. .575 2.770 Exhibit #7 Agenda Item #4 -C (1) Special Taint CC and ARRA Mtg C i C mtg 07-27-10 CITY OF ALAMEDA RESOLUTION NO, ESTABLISHING APPROPRIATIONS LIMIT FOR FISCAL YEAR 2010-2011 WHEREAS, pursuant to Article XIIIB of the Constitution of the .State of the Cit Council of the Cit of Alameda is re to establish an 0 California, "Appropriations Limit" for FY1 0-11 and rj A-V WHEREAS the Appropriations Limit has been determined in accordance with uniform g uidelines for Article XIIIB of the California Constitution and. WHEREAS, the voters approved Proposition 111 in June 19901 which 4 allows for new adjustment formulas for the appropriations limit calculation that is responsive to local g rowth issues. The adjustment factors used to arrive at the FY1 0-11 limit areas foll 2009-10 Count Population increase of 1.25% Per Capita. Personal Income increase of 0.62% 2009-11 Count Population increase of 1.10% Per Capita Personal Income decrease of -2.54% NOW, THEREFORE, BE IT RESOLVED b the Council. of the Cit of Alameda that said Council hereb establishes the Appropriations. Limit .in the. amount of $83,029,235 for FY1 0-11. Resolution #4-C (1) Special Joint CC and ARRA Mt CIC Mt 07-27-10 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 a regular meeting assembled on the 27 day of July, 2010, by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS IN WITNESS, WH EREOF, I have hereunto set nay hand and affixed the seal of said City this 28 day of July, 2010. Lara Weisiger, City Clerk City of Alameda CITY OF ALAMEDA Memorandum To Honorable Mayor and Members of the city council Honorable chair and Members of the Community Improvement Commission Honorable chair and Members of the Alameda Reuse and Redevelopment Authority From: Ann Marie Gallant Interim city Manager /Executive Director Date: July 27, 2010 Re: Adopt a Resolution for the city of Alameda Approving and Adopting the Operating and capital Budget and Appropriating Certain Moneys for Said Expenditures in Fiscal Year 201 0 -2011; Adopt a Resolution for the Community Improvement Commission Approving and Adopting the Operating and capital Budget and Appropriating certain Moneys for Said Expenditures in Fiscal Year 2010 -2011; Adopt a Resolution for the Alameda Reuse and Redevelopment Authority Approving and Adopting the Operating and capital Budget and Appropriating certain Moneys for Said Expenditures in Fiscal Year 2010 -2011 The city of Alameda adopts an annual budget of revenue and expenditures for all city funds prior to the commencement of each fiscal year. As discussed at the city council Financial workshop held June 19, 2010, the recommended Annual Budget for Fiscal Year 2010 -11 and the Budget Forecast for Fiscal Year 2011 -12 has been prepared in a program performance -based format for a second year, allocating financial resources to defined department programs to improve transparency and clarity in reporting costs of services. Since FYO3 -09, the national and regional economies have experienced unprecedented market declines in investment earnings; corporate capital and debt; retail sales and consumer confidence in production centers; and, most importantly for local government, a major and critical decline in the residential home market. These economic realities required City management to work diligently in FYO9 -10 to re -tool department organizational structures due to the strategic reduction in force (RIF) in May 2009; and reduce targeted expenditures without significantly impacting community service levels in order to balance expenditures with aggressively declining revenues. As a result, the projected June 30, 2011 available (cash) fund balance in the General Fund stabilized at Agenda Item #4_0 (2) Spacial Joint CC and ARRA Mtg 01C Mtg 07 -27.10 Honorable Mayor and Members of the City council Honorable chair and Members of the CIC Honorable Chair and Members of the ARRA July 27, 2010 Page 2of4 $12.1 million, approximately $400,000 more than projected at third quarter, due to expenditure control and full realization of RIF savings. Projected available (cash) fund balances in all funds, detailed by fund and fund group total $124.6 million at June 30, 2011 (Exhibit 1). The FY10 -11 Annual Budget and FY11 -1 2 Budget Forecast were balanced and developed, respectively, as a result of this prior year financial foundation. Revenues projected in all funds are based upon conservative growth assumptions in Bay Area economic forecasts for Alameda averaging .5% 2 Expenditures were based upon the prior fiscal year baseline, adjusted for increases in health care costs, binding contractual obligations and debt service. During budget preparation, other cost containment and budget balancing measures were necessary to ensure that negative cash balances in certain funds were eliminated. DISCUSSION The Annual Budget for Fiscal Year 2010 -11 and the Budget Forecast for Fiscal Year 2011 -12 includes revenues, expenditures and available (cash) fund balances .for all city funds, including the Alameda Reuse and Redevelopment Authority (ARRA), the Community Improvement commission (CIC), and the city's two component units the Alameda Housing Authority and Alameda Municipal Power. Annual budgets for the two component units were adopted previously, but are included in this document for comprehensive budget and organizational reporting. The City of Alameda (all entities) annual million and forecasted at $198.8 million and Alameda Municipal Power. This a reflecting revenues and, in certain case (cash) fund balance to balance availak appropriation is allocated to fund group year and the forecast year: General Fund Special Revenue Funds Capital Project Funds Debt Service Funds Enterprise Funds Internal Service Funds Trust and Agency Funds TOTAL budget appropriations for FY10 -11 are $208.6 i FY11 -12, exclusive of the Housing Authority count includes appropriations for all funds as noted in Exhibit 1, utilization of available e revenues with requisite expenditures. This as follows for both the budget appropriation FY10 -11 Appropriations in millions $71.1 68.0 21.3 8.0 18.3 10.8 21.1 $208.6 FYI 1-12 Forecast in millions $69.1 50.7 21.2 8.1 18.3 10.7 20.7 $198.8 In addition, the two component units have appropriations as follows: Honorable Mayor and Members of the City Council Honorable Chair and Members of the CIC Honorable Chair and Members of the ARRA Housing Authority Alameda Municipal Power TOTAL in millions FYI 0-11 Appropriations in millions $33.7 55.6 $89.3 July 27, 2010 Page 3of4 FYI 1 -12 Forecast in millions $33.3 54.4 $87.7 The total annual budget appropriation for all entities and component units of the City of Alameda is $297.9 million in FYI 0 -11 and $250.5 million forecasted in FYI 1 -12. The Financial Summaries incorporated into the budget document contain extensive financial information, comparative data, and details by fund and fund rou as well as 9 p graphic representations of revenues and expenditures by sources and uses. Department budgets have been organized by programs (cost centers.) and also included in the budget text. Both financial and program information will be reviewed in detail, for the City Council and the public, during presentation of the second ear of the City's 24- y month financial plan on July 27, 2010. FINANCIAL IMPACT Legislative approval of this document by the City Council, the Alameda Reuse and Redevelopment Authority, and the Community Improvement Commission will appropriate moneys to various city funds in conformance with Exhibit 1 FYI 0-11 Budget All Funds. City departments will operate under the appropriations authorized for the subject fiscal year. Quarterly reports on the status of all. funds revenues, expenditures, transfers and projected available (cash) balance will be submitted for legislative review, as previously established. MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE The City of Alameda City Charter requires that the City Manager transmit to the City Council (and related legislative entities) a detailed annual. budget which includes estimated revenues and expenditures of the City for all funds and departments for the subsequent fiscal year. This document is submitted in compliance with that requirement. RECOMMENDATION Adopt a Resolution for the City of Alameda Approving and Adopting the operating and Capital Budget and Appropriating Certain Moneys for said Expenditures in Fiscal Year 2010 2:011; Adopt a Resolution for the Community Improvement Commission Approving and Adopting the operating and Capital Budget and Appropriating Certain Moneys for Said Expenditures in Fiscal Year 2010 -2011; Adopt a Resolution for the Alameda Reuse and Redevelopment Authority Approving and Adopting the operating and Capital Honorable Ma and Members of the Cit Council Honorable Chair and Members of the CIC Honorable Chair and Members of the ARRA Jul 27, 2010 Pa 4 of 4 Bud and Appropriatin Certain Mone for Said Expenditures in Fiscal Year 2D10- 2011. Respectfull submitted, Ann Marie allant Interim Ci Mana Director Exhibits: 1. Bud Summar FY1 0-11 -All Funds 2. Sources and Uses of Funds FY1 0-11 General Fund 1 Sources and Uses b Ma Cate FY1 0-11 General Fund 4. Bud Summar FY1 1-12 All Funds 5. Sources and Uses of Funds FY1 1-12 General Fund 6. Sources and Uses b Major Cate FY1 1-12 General Fund 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Community Improvement Commission of the city of Alameda in a Special community Improvement Commission meeting f assembled on the 27th day of July, 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 Commission this 28th day of July, 2010. Lara Weisig er, Secretary Community Improvement Commission Beverly Johnson, chair Community Improvement Commission ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY RESOLUTION NO. APPROVING AND ADOPTING THE OPERATING AND CAPITAL BUDGET AND APPROPRIATING CERTAIN. MONEYS FOR SAID EXPENDITURES IN FISCAL YEAR 2010-2011 0 WHEREAS, there has been submitted to and filed with this Authorit at this meetin a bud representin the financial plan for conductin the affairs of the Alameda Reuse and Redevelopment Authorit for the Fiscal Year Z. '0 be Jul 1, 2010 and endin June 30, 2011; and 0 WHEREAS, the Alameda Reuse and Redevelopment Authorit h considered this financial plan at a dul noticed special meetin of the Alameda Reuse and Redevelopment Authorit and WHEREAS, the Alameda Reuse and Redevelopment A has g iven this financial plan due consideration as to its projected revenues, anti expenditures and available (cash) balances and WHEREAS, this financial plan ensures that the Alameda. Reuse and Redevelopment Authorit has exercised prudent jud in its fiduciar responsibilit as g uardians of the public tax dollars. NOW, THEREFORE, BE IT RESOLVED b the Alameda Reuse and Redevelopment Authorit of the Cit of Alameda that said bud as.submitted to this Authorit at this meetin is hereb approved and. adopted as. the Operatin and Capital Improvement Bud for the Alameda Reuse and Redevelopment Authorit for the Fiscal Year 2010-2011, and that the expenditure of the various sums of mone therein b each pro are hereb approved and authorized as the total appropriations for the Fiscal Year endin June 30, 2011. Resolution #4-C 2c Special Joint CC and ARRA Mt CI Mt 07-27-10 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Governing Board of the Alameda Reuse and Redevelopment Authority in regular meeting assembled on the 27th day of July, 2010, by the following vote to wit'. AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of the said Authority this 28 day of July, 2010. Irma Glidden, Secretary Alameda Reuse and Redevelopment Authority CITY OF ALAM E DA Memorandum To: Honorable mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: July 27, 2010 Re: Approve Reimbursement Agreement with VF Outdoor BACKGROUND SRM Associates approached the City of Alameda in January 2010, requesting that the City collaborate with the developer to attract a major corporate campus to several of its undeveloped parcels at the Harbor Bay Business Park. The company, VF outdoor, had originally signed a letter of intent with SRM in summer 2008; the plans were placed on hold due to the economic collapse of the financial markets in September 2008. VF outdoor renewed a site selection process in early 2010 with a Request for Proposal (RFP) for 150,000 square feet of office and research and development space, employing approximately 450 workers with expansion potential. Since that time, the proposed project has expanded to 210,000 square feet and 550 employees. The site would have no retail outlet. VF outdoor is the flagship division of VF Corporation, a $7 billion-plus American apparel company headquartered in Greensboro, North Carolina. (The VF refers to a previous company named Vanity Fair Mills.) VF Corporation is currently ranked x#310 among the Fortune 500 companies. Among the apparel industry, VF Corporation ranks second .on the list, behind Nike (#124) and ahead of Polo Ralph Lauren (x#4'17 Marquee brands under VF include Wrangler, Brittania, and Lees. VF outdoor brands include: North Face, Vans, Jansport, Kipling Europe, Reef, Napapijri, Eastpak, Eagle Creek, and Lucy. DISCUSSION The City understands that VF outdoor, currently located in San Leandro, has explored at least four sites in addition to Harbor Bay Business Park. These sites are existing buildings in Oakland, Berkeley, and Emeryville; some are located in enterprise zones. The Alameda site is the only known site that would involve completely new construction of the corporate campus. Agenda Item #4 -D Special Joint CC and ARRA Mtg C I C Mtg 07 -27.10 Honorable Mayor and July 27, 2010 Members of the city council Page 2 of 5 SRM proposes a five-building campus to be constructed in two phases near SRM's Esplanade project at the Harbor Bay ferry terminal. Phase 1 will include four buildings totaling 160,000 square feet. Phase 2 will add a final building for a total build -out of 205,000 square feet. The projected assessed valuation at build out is $48.75 million. SRM and VF outdoor are striving to achieve LEED gold certification for the project. VF outdoor has negotiated a 12 -year lease with SRM, with an option to purchase within one year after the completion of the campus. The lease contains three five -year options, exclusive to VF outdoor, for a maximum term of 27 years. VF outdoor plans to execute the lease upon the City's approval of a reimbursement agreement, which is described below (Exhibit 1). SRM intends to begin grading and construction of the project in September 2010, so that VF outdoor can occupy the site by October 2011. The Alameda campus will be the executive headquarters for VF corporation's most important division, VF outdoor. In addition, the campus will be home to the division's most successful brand, North Face. The campus will also include Jansport and Lucy, with the possibility of additional brands and future acquisitions to be located at the Alameda campus. Proposed Business Attraction Incentive. Many California cities have adopted or proposed temporary, "emergency" business incentives to stimulate economic development in their jurisdiction in response to the protracted recession. Within the East Bay, in particular, the City of Oakland has implemented an aggressive business tax incentive and sales tax sharing program with a maximum payment of $500,000 within one to three years per agreement. Oakland has also demonstrated a willingness to make special arrangements to attract major commercial interests, which could challenge Alameda's ability to attract this specific company. The VF outdoor project was aggressively pursued with these programs. The Harbor Bay Business Park is not in a redevelopment or a Local Agency Military Base Recovery Area (LAMBRA) zone and, as a result, the city has no competitive incentives it can offer this proposed project other than new revenues generated by the project. To attract VF outdoor, the Interim City Manager proposed, subject to City Council approval, a package of reimbursements based upon new revenues generated, not to exceed $1 million, during the course of the initial 12 -year lease terra with SRNI (Exhibit 2 The reimbursements will flow directly to the new business, VF outdoor: a 25 percent reimbursement of the city's share of the property tax produced by VF Outdoor; 0 50 percent reimbursement of the annual utility user tax; 0 50 percent of the annual business license tax for VF outdoor; and 100 percent reimbursement of the property transfer tax for Phase 1 of the VF Outdoor Project, upon the sale of the property leased to VF outdoor. Honorable Mayor and July 27, 2010 Members of the City Council page 3 of 6 City and Regional Benefits. The city has not historically offered business license fee reductions or tax reimbursements as a business attraction tool outside redevelopment project areas. Today, this practice is eclipsed by the significant benefits gained by Alameda in securing a long terra commitment with a top performing, investment -grade company during a weak and uncertain economy. The proposed project will directly benefit more than the General Fund. During the course of the 12 -year lease, the project is expected to contribute more than $3.1 million in new and recurring revenues to General Fund and Planning /Building funds through property tax, property transfer tax, building permits and inspection fees, utility user tax, and business license fees. The campus will be one of the largest sources of property tax in the City. The campus is also expected to generate more than $3 million in AMP commercial rate revenue. In total, the proposed project is anticipated to generate in excess of $6 million to the City in various municipal revenues (Exhibit 3). VF Outdoor will become one of the largest, private sector employers in Alameda. VF Outdoor at capacity will employ approximately 660 well- paying, professional level positions, and will create approximately a 20 percent increase in the business park's daytime population. This will increase the demand for amenities in the business park and have a positive benefit on the Harbor Bay Landing Shopping Center. VF outdoor will confirm Harbor Bay's position in the regional commercial office market as a desirable location. In recent years, SRIVI has stabilized the Harbor Bay Business Park with the introduction of other uses, mainly flex, ro semi- industrial projects ects like CheeseWorks, Peet's Roasting Facility, Donsuemor, Ettore, zephyr, and Sernifreddi's. VF outdoor represents the culmination of these positive developments with the arrival of a high profile corporate headquarters facility. VF outdoor will provide critical. mass to attract other companies and potentially suppliers that want to be located near high 0 quality projects. This will assist the build out of the Esplanade, positively impact the business park, and create a multiplier effect of indirect tax revenue. VF outdoor will augment the reputation of both the city and the Harbor .Bay Business Park as a center for environmentally conscious companies, clean technology businesses, and sustainable development. The VF outdoor campus aspires to be among the highest LEER- certified buildings in Alameda, creating a cluster of seven certified buildings in the Harbor Bay Business Park (Exhibit 4). If achieved, the five building campus will more than double the number of LEED- certified buildings built and rated in Alameda (currently four buildings). Finally, this will be the largest, non speculative, private sector, commercial office construction project in the East Bay in many years. The only other major construction projects currently underway in the East Bay are either hospitals, public capital improvement projects, or federally financed stimulus projects. The construction of the campus will have a positive effect on the East Bay economy, immediately providing approximately 350 construction related jobs at a time when county construction Honorable Mayor and July 27, 2010 Members of the city council Page 4 of 5 unemployment remains high. Between May 2009 and May 2010, the East Bay has lost approximately 0,000 construction jobs, a decline of 11.2 percent. FINANCIAL IMPACT The VF outdoor campus is expected to generate more than $3 million in city revenue during the term of its 12 -year lease. This includes revenue derived from the city's share of property tax, building permits and inspection fees, utility users' tax, and business licenses. The VF outdoor campus is also expected to generate more than $3 million in AMP commercial rate revenue (without utility users' tax) during the term of its 12 -year lease. This proposal commits a reimbursement of $1 million maximum to VF outdoor in this same period. MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE Economic Development Strategic Plan. Strategy ##1: Support private sector property owners, property managers, developers and marketing agents in their efforts to create primary jobs through "clean," light- industrial, and office business attraction and expansion by: (1) conducting proactive outreach that attracts the desired businesses. Local Action Plan on Climate change. The proposal meets the intent of the Local Action Plan, It proposes LEED- certified buildings, with greenhouse gas reducing landscaping, on -site stormwater absorption, wind turbines, solar panels, and building systems attempting to achieve a reduced carbon footprint. RECOMMENDATION Approve the reimbursement agreement with VF outdoor. DES: EF:ry Honorable Mayor and Members of the city council Exhibits: 1. Reimbursement Agreement. 2. Interim city Manager Letter to SRM, February 17, 2010. 3. Revenue Projection Spreadsheet. 4. Project Rendering. July 27, 2010 Page 5 of 5 :Exht I fflV!9-T*1TF!J9 1"FAM01 AUNT"I"I THIS AGREEMENT FOR TAX REIMBURSEMENT ("A entered into as of the da of Jul 2010 b and between the Cit of Alameda, a municipal corporation ("Cit and VF OUTDOOR, INC, ("VF Outdoo,�'), Is made in reference to the followin ppr-ifplo, Outdoor wholl owned subsidiar of VF Corporation, a Fortune 500 g lobal apparel compan head in Greensboro, North Carolina and traded on the New York Stock Exchan (VFC whosediverse international brands includin Wran Lee Jeans, Nautica Kiplin Ma Seven for All Mankind, E.astpak, Napa-pi John Varvatos and more. VF Outdoor includes the prernier outdoor and acti On sport brands of The North Face, JanSport, Luc Ea Creek, Vans and Reef, 13 VF Outdoor intends to lease or purch propert from Harbor Ba Ac LLC ("HBA" in Harbor.Ba Business Park, which propert is to be improved b HBA in connection.with such lease or purchase transaction with a campus for VF Outdoor and/or its affiliated. entities, The VF Outdoor Alameda campus is contem late .p d to be the home of The North Face, JanSport and Luc with thepossibilit of additional brands. The lease or purchase represents a lon. commitment tothe Cit of Alameda as the lease, in its current form, contains renewal options for a potential term of 27 y ears, C. The VF Outdoor Alameda campus (sometimes referred to herein as the "VF Outdoor Project") will initiall contain four buildin totalin approximatel 160,000 s feet ("Phase I"). VF Outdoor will have the option to expand the campus to include.� a fifth buildin ("Phase 11"), for a total build-out of approximatel 205,00.0 s feet, as illustrated b the attached Exhibit 1 The total estimat propert value for the completed project (assumin completion of Phase 11, amon other factors) -is $47 million, D. HBA is pursuinq LEED Gold Certification for the VF Outdoor Pro incorporatin hi ener performance and sustainable desi element's, such as on-site wind and solar ener g enerafifon. As such, the VF 1 6094v2 Exhibit #1 A Item #4-D Special Joint CC and APRA Mt g CIC Mt 07-27-10 Outdoor Pro is consistent with the intent of Alameda Local Action Plan on Climate Chan The VF Outdoor Pro will au Alameda's and the Harbor Ba Business Park's reputation as a center for environmentall conscious companies, clean technolo business and sustainable development. E. VF Outdoor anticipates that the VF Outdoor Pro will house approximatel 400 emplo to start and estimates that over time upwards of 500+ emplo ma be onsite, The Cit of Alameda believes these numbers represent a 20 percent increase in the Harbor Ba Business Park's da population and ma make VF Outdoor one of the lar private sector emplo located in Alameda offerin a variet of j obs includin well-pa professional level positions. The increase in da emplo base is anticipated to increase the demand for amenities in the Harbor Ba Business Park and surroundin area. F The Cit anticipates that the VF Outdoor Pro will g enerate more than $3 million in Cit revenues durin the initial 12- of its operation, which revenue includes the Cit share of new propert tax, buildin permits and inspection fees for new construction, business license fees, utilit user's tax and propert transfer tax in the event of a sale of the propert Additionall the Cit can anticipate increased indirect tax revenues result'[n from the local retail spendin of the increased da emplo base, G. The VF Outdoor Project would be the lar non-speculative, private sector, commercial office construction project in the East Ba in man y ears. Providin incentives for the location and construction of the VF Outdoor Project in Alameda is consistent with the Economic Development Strate Plan, Strate 1 which polic 'is to support private sector j ob creation and business attraction and expansion b conductin proactive outreach to attract desired businesses. H. Construction of the VF Outdoor Projects projected to provide at .least 350 construction related j obs at a time when Count construction unemplo is at an all-time hi NOW THEREFORE, in consideration of the foregoin economic development benefits to the Cit and the mutual covenants and promises contained in this A the Cit has a to reimburse or rebate certain taxes and fees received related to the establishment of VF Outdoor and the VF Outdoor Project in the Cit of Alameda "Cit y Reimbursement" and the parties a as follows: I The parties represent and warrant, to the best knowled of the parties as of the date hereof, that the recitals stated above, as applicable to them 16094V2 2 respectivel are accurate, and are hereb incorporated as part of this A 2. fi t Cit a sub to conditions set forth in para 3 and 5 below, to pa to VF Outdoor the followin amounts as business incentives: a 25% rebate of the City f s share of the annual propert tax produced b the VF Outdoor Pro the "Propert Tax Rebate b 50% rebate of the annual utilit user's tax the "Utilit Tax Rebate" c 50% rebate of the annual business license tax for VF Outdoor a its a operatin at or from the VF Outdoor Pr (the "BU si.ne ss License Tax Re bate")- and d 100% rebate of the ag.g.regate.propert transfer tax paid in connection with the sale df Phase] of the VF Outdoor Pro to VF Outdoor (or its mats the "Transfer Tax Rebate" Notwithstandin the fore the maximum total a amount of the Cit Reimbursement to VF Outdoor hereunder will not exceed $1 million durin the course of the initial 12 y ear lease term with HA or durin the first 12 y ears that VF Outdoor owns the campus, 3. Condition Precedent to Reimbursement Cit shall have no obil g at ion to make the Cit Reimbur until the f6ilowin conditions have been fulfilled (provided, however, that the conditions described ire Para 3(b) (e) below shall appl onl w ith respect to the specific element of the Cit Reimbursement described in each such subpara and not an other element of the Cit Reimbursement): a Phase I of the VF Outdoor Projec (ire substantial accordance with the attached Exhibit 1 or as otherwise approved b the Cl t has been completed and a Certificate of Occupanc Temporar Cert'ificate of Occupanc or the substantial e of either for all buildin within Phase I has been issued; b) With respect to the Propert Tax Rebate alone, Cit has actuall received its full pa of the .applicable annual propert tax which is subject to the Propert Tai .Rebate. (provided that if the Cit receives a partial pa of such propert tax, Cit will pa a partial Propert Tax Rebate to VF Outdoor based on the percenta of the full propert tax received b Cit with additional Propert Tax Rebate pa to be made as additional amounts are received b the Cit 1160942 3 0 With respect to the Utilit Tax Rebate alone, Cit has actuall received its full pa of the app[lcable utilit user's tax which is sub to the Utilit Tax Rebate provided that if the Cit receives a partial pa of such utilit user's tax, City will pa a partial Utilit Tax Rebate to VF Outdoor based on the percenta of the full utilit users tax received b Cit with additional Utilit Tax Rebate pa to be made as additional amounts are received b the Cit d With respect to the Business License Tax Rebate alone, Cit has actuall received its full pa of the applicable business license tax which is subject to the Business License Tax Rebate (provided that if the Cit receives a partial pa of such business license tax, Cit will pa a partial Business License Tax Rebate to VF Outdoor based on the percenta of the full business license tax received b Cit with additional Business License Tax Re bate pa to be made as additional amounts are received b the C it I e) With respect to the Transfer Tax Rebate alone, Cit has actuall received its full pa of the al p licablepropert transfer tax which are subject to the Transfer Tax Rebate provided that if the Cit receives a part t pa of such transfer tax, Cit will pa a partial Transfer Tax Rebate to VF based on the percenta of the full propert transfer tax received b Cit with additional Transfer Tax Rebate pa to be made as additional amounts are received b the Cit All re development impact, buildin permit and plannin entitlement fees for Phase I have been paid g) VF Outdoor (and/or its affiliates has commenced business operations from Phase 1. 4, VF Outdoor Covenant. VF Outdoor shall use all reasonable efforts to cause HBA to (i) obtain all permits and approvals from Cit and an other g overnmental a havin jurisdiction re to commence construction of Phase 1, and (H) promptl thereafter commence and thereafter substantiall complete construction of Phase I (followin which VF intends to commence operations from the VF Outdoor Pro as soon as reasonabl practicable VF Outdoor shall use reasonable efforts to cause HBA to seek LEER Gold Certification for Phase I. 5. Terms of-Disbursement of City Reim bu rsern:ent.. The Transfer Tax Rebate shall be made b the Cit within 30 da fo[lowin the date of the sale of Phase I of the VF Outdoor Pro to VF Outdoor (or its affiliates). Otherwise, the 1600.142 4 first annual disbursement of the Cit Reimbursement ("Initial Disbursement" shall be made b Cit within 30 da followin written re for the rebate from VF Outdoor which re shall include reasonable evidence that the conditions precedent described in para 3 above ha b sati Thereafter, Cit shall disburse to VF Outdoor the Cit Reimbursement with pa to be made not more often than once annuall except with respect to an partial pa as described in Para 3(b) e) above within 30 da of written re b VF Outdoor for the Cit Reimbursement (or applicable portion thereof, with evidence that the applicable taxes for which it seeks a Cit Reimbursement have been paid, The Cit obli to make annual disbursements of the Cit Reimbursement shall terminate as soon as the total a amount of such disbursements reaches one min dollars ($1,000,000 6. Events of Default b VF Outdoor. Subject to applicable provisions of the A an of the followin shall constitute an "Event of Default" b VF Outdoor under this A a Breach of VF Outdoor Warrant and Representation, An breach b VF Outdoor of its covenant or warranties and representations set forth in para 4 and 10.. 7. Events of Default b Cit F a i lure to pa the applicable Cit Reimbursement when due, constitutes an Event of Default b Cit under this A (and, in addition to .all o ther ri ,.and fernedies of VF Outdoor, an past-due amounts shall bear interest at the rate. of six (6) percent per annum 8. Cure Period for Default. The faildre of either part to perform an material term or provision of this Agreement:shall not constitute an Event of Default under this A unless a) such defaultin part does no t cure such failure within thirt (30 da written notice from the other part where such failure is of a nature that can be cured within such 30 da period, or b such failure is not of a nature that can be cured within such 30 da period, the defaultin part does not within such 30 da period commend substantial efforts to cure such failure, or thereafter does not within a reasonable time Bertl prosecute to completion the cure of such failure. 9� Remedies for Default. In the event of a default under this A b VF Outdoor (which is not cured within an applicable notice and cure period), Cit sole and exclusive remed shall be to either (a waive the default b sendin a written notice of such waiver b) terminate the A with written notice of termination (ire which event the Cit shall have no further obli to pa an Cit Reimbursement not y et accrued In the event of a default under this Agreement b the Cit which is not cured within an applicable notice and cure period VF Outdoor ma pursue an and all remedies available at law or in e but an dama are limited to recover of the accrued, but unpaid, Cit ReJmbursement- The Cit shall not be liable to VF Outdoor for an 16014V2 5 special, indirect or conse dama re of whether the claim for dama is based in contract or in tort, 10. VF Outdoor Warrant a.n.d Representation. Subject to the execution of a lease or purchase a with .HBA with respect to the development of Phase I (arid the lease or 0 ac n thereof b VF Outdoor or its affillates),and subject to the terms and conditions an such a VF Outdoor warrants and represents to Cit than Vii) VF has th.e full P wer and authorit and has obtained all necessar consents to enter into this A ii VF has the full power and authorit to perform all of its obli under this A (iii) the persons executin this A on behalf of VF Outdoor have full power and authorit to do so in accordance with the fore and (iv) to the best knowled of VF Outdoor, as of the date hereof, no liti proceedin (administrative or otherwise), order, or j ud g ment is pendin or outstandin a or affects VF Outdoor's abilit toperform under this A No Assi of Ci Reimbursement, VF Outdoor (to with its affiliates is a premier compan offerin uni benefits to the Cit as discussed in the Recitals above; therefore, this Agreement and the Cit Reimbursement is not assi to an other tenant or business, 12. Notices. The address of each part for the purpose of all notices fted or re q uired b the A follows', perml To Cit Cit of Alameda Cit Hall 2263 Santa Clara Ave. Alameda, CA 94501 ATTN.- Economic Development Director To VF Outdoor.- 2011, Farallon Drive San Leandro, CA 94577 Raffert Atha Jackson, Es Vice President and General Counsel The written address of either part set forth above ma be Chan b written notice g iven not less than five (5 da pr*or to the date such chan i to be in effect. All notices under this A shall be in writin shall be properl addressed and shall be sent b personal deliver United State mail return receipt re and posta prepaid or b overni courier deliver service, All such notices shall be considered delivered: (i) if personall delivered, on the date of deliver (ii) if sent b United States mail in the manner prescribed above, on the date shown on the return receipt for acceptance or rejection; or (iii) if sent b overni courier service, on the date of deliver or attempted deliver as shown b the written deliver record of such service, 80S4vz2 6 13, Attorneys' f ees. In the event either part shall commence an action to enforce an provision of this A the prevailin part in such act-Ion shall be entitled to receive from the other part its reasonable costs and attorne fees, 14, No Liabilit C.L.Officials and Emplo No member, official or emplo of the Cit shall be personall liable to VF Outdoor in the event of an default b Cit under this A VF Outdoor hereb waives and releases an claim it ma have a the members, officials or emplo of Cit with respect to an default b Cit under this A but does not waive an of Cit obli under this A or for an amount which ma become due to VF Outdoor, or for an obli under this A 15. Compliance with Law, Subject to the terms and cond.itions of the contract between VF Outdoor and HBA, VF Outdoor shall use reasonable efforts to cause HBA to compl with all applicable laws, ordinances, rules and re with respect to the construction of the VF Outdoor Project, and pa of all costs and expenses related thereto. 16, Governin Law, This A shall be.. construed and enforced in accordance with the laws of the State of California and an action shall be filed try Alameda Count 17 E- Amendment. This Agreement, to with the Exhibits referenced herein, contains all the representations and the entire understandin between the parties with respect to the subject matter contained herein. An prior correspondence, memoran da or agreement are replaced in total b this A and the Exhibits thereto, The Agreement ma be amended onl b a written a so specif and executed b the parties, 18, Construct o. and Interpretation. This A has been full ne at arms' len .b.etween the parties, after advice b counsel and other representatives chosen i b each part and the parties are full informed with respect there Therefore, ..n p shall be deemed the author of this A and the provisions of �this Agreement and Exhibi i its thereto.shall be construed as a whole accordin to their co meanin and not strictl for or a an part The captions precedln text of each para are 0 P included for convenience o re onl and shall be disre in the construction and interpretation of this A 19, Severabirit If an term, provision, condition or covenant of this A or its application to either part or an circumstance, shall be held, to an extent, unenforceable., the remainder of this A shall not be affected. 1 e0 ,9 -4Y 7 The parties have executed this A as set forth below: VF OUTDOOR, INC. B Title Dated. 0 Interim Cit Mana Cit Attorne 16094v2 8 Cite of Alamecta California February 17, 2010 Mr. Joseph Ernst Development Partner SRM Associates 1070 Marina village Parkway, suite Zoo Alameda, CA 04501 RE: VF outdoors' Business Attraction E hib t 2 Dear Mr. Ernst: This letter is in response to the request by SRM Associates for City assistance in its efforts to attract VF outdoors to the City of Alameda. Given the competitive nature of economic development in today's market specifically, business attraction and retention the City of Alameda is prepared to offer several competitive advantages that can assist in reducing VF outdoors' fixed costs yet enable job growth and equitable revenue results for the City of Alameda. The City is prepared to propose the following incentives, subject to City Council approval. These incentives reflect the City's enthusiasm and commitment in establishing VF Outdoors here in Alameda: 0 25 percent rebate of the City's share of anneal property tax; 0 50 percent rebate of annual utility user tax; 0 50 percent rebate of annual business license tax; and 100 percent rebate of property transfer tax for Phase 1. The City's incentive package will be capped at a total maximum amount of $1 million dollars during the course of VF outdoors' 12 -year lease with SRM. In addition, Alameda Municipal Poorer (AMP) City of Alameda's electric utility offers average rates less than surrounding areas served by PG &E, which provide tremendous savings on energy usage. AMP also has an economic development incentive program that may apply to this project. Customers who Office of the City Manager Exhibit #Z 2263 Santa Clara Avenue, Room. 324 Agenda Item #4.l] Alameda, California 94501 -4477 Special Joint CC and ARRA Mtg 510.747.4700 Office Fax 510. TDD 510.522.7538 CIC M g 07-27 -10 Joseph Ernst Februar 17, 2010 SRM Associates Pa 2 of 2 meet certain minimum electric load and other re ma q ualif y f or a substantial discount on electric bills. Alameda is also a favorable location for VF Outdoors' emplo Our First-T e Homebu Down Pa Assistance Pro is a valuable resource, offerin g enerous financial assistance to first time hornebu seekin to purchase a home in Alameda. Children of parents or g uardians workin in Alameda will be eli to attend Alameda's top public schools. This Cit Department of Recreation and Parks offers extensive athletic...and...cultural pro includin a beautiful park and trail s g olf courses,, gy mnasium, and swim centers. The Island of Alameda is a ferr ride awa to the :"bi cit experience and ni in San Francisco. As one of the Cit premier companies, VF Outdoors will have the cit focus and attention. Alameda's small town settin and decentralized... or structure allow for personalized service, not commonl found elsewhere in the Ba Area. VF Outdoors will have direct access to the Cit senior mana and public safet officials at all times. The Cit of Alameda is :committed to be a responsible, cooperative, and lon term partn in ensurin VF. Outdoors success.. In ord to. facilitate the transition to Alameda, the cit Economic Development Department will s erve as VF Outdoors': advocate and point of contact to g uide the project throu the Cit permittin process. Please contact me :directl .at.510-747-4700, or Ms. Leslie Uttle, Economic Development Director, at 510747 -6890 for further assistance. Alameda looks forward to welcomin VF Outdoors soon! Sincerel Ann M ie Gallant Interim it Mana AMG/EF/cb 1:-:-:-:-:-:-:-:-:-: U.I.I.I.I.I.I.I.I.I. 1 I. 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I k ...n xx 2.. 3+.,• rl'l,74 _•��:,.X. 1:�5�x:`ft.l.'i�f,�. _t w' x x xx �c•�x x Y x CITY OF ALAMEDA Memorandum To: Honorable Ma and Members of the Cit Council From: Ann Marie Gallant Interim Cit Mana Date: Jul 27, 2010 Re: Approve the Cit of Alameda's Real Estate Asset Management P olic The Cit of Alameda maintains a vast inventor of diverse real estate holdin ran from public buildin to -utilit and infra.structure sites, parks.and open space. As the Cit service deliver priorities chan its current holdin will also chan Strate decision-makin related to.ac holdin and disposin of real propert assets has evolved in the private sector as a core business activit -Due to de lin' c in g overnment revenues, the fundamental :approaches and techniques us b the private sector to meet g oals of maximizin profits and optimizing returns from real estate can facilitate parallel public.. sector g o a ls of rnir imizing costs, and maximizin public benefit, consi .with .a cit y s stated. m issio n. In the context of municip finance, P ublicl y -owne.d real est assets are amon the most underutilized resources. However. revenue itself.(cash fl ow ma not alwa be the primar g oal of a public, a mana polic Alameda places: a hi value on q ualit y of life .and lon lastin co.m unit improveme related to public lands. As a result, job creatio thro.u de of an industr cluster or identit such as biotechnolo industries, retail/restaurant, retai Ventertain ment, maritime and. marine uses M be. a preferred polic g oal, to be cons.idered in order to maintain q ualit y of life services an g enerate tax revenues, simultaneousl DISCUSSION Durin FY09-10, the Cit Council .throu its referral polic directed the City Manager to evaluate the Cit leasin p (Exhibit 1). Upon mana and administrative a review, it was discovered. that .the ..Cit s polic focused onl on Tidelands le se s not all Cit real estate (land and buildin This asset mana policy, as proposed, establishes polic standards and criteria. for the mana and administration of all cit real estate assets, includin revisions to the Tidelands leasin g uidelines previousl established. A Item #4-E Special Joint CC and ARRA M t Cic mt 07-27-10 Honorable Mayor and Members of the city council July 27, 2010 Page 2 of 3 The goal of the city's asset management policy is to acknowledge the value and importance of real estate assets to the city of Alameda, in the context of the city's mission and service delivery, yet establish a sound framework within which the. city can make strategic decisions in the management and leverage of these assets. Financial resources are maximized within the framework of policy guidelines and criteria priorities. The proposed real estate asset management policy includes the following components: Purpose statement Scope of applicability Policy objectives Definitions of asset use and utilization categories Asset management strategies for each use Performance measurements for each use category General asset leasing and liquidation criteria, in priority order Lease term criteria Lease rate criteria Organizational responsibilities Legal and administrative authorities Asset management policy matrix, as a tool in administering the policy. This comprehensive real estate asset management policy was reviewed with the city Council at the June 24, 2010 joint meeting of the applicable legislative bodies. Comments made during that discussion have been incorporated into the aforementioned components. FINANCIAL IMPACT There is no immediate financial impact to any city fund as a result of this policy approval. Negotiation of particular leases. on some municipal property may be affected; however, application of this policy, particularly its cost benefit analysis, within lease terra and lease rate criteria, should actually achieve the City's asset management policy objectives more effectively. Honorable mayor and Members of the City council RECOMMENDATION Approve the city of Alameda's Real Estate Asset Management Policy. Respectfully submitted, Ann Mai Gallant Interim ity Manager AMO m k Exhibits: July 27, 2010 Page 3 of 3 1: council Approved Tideland Leasing Guidelines, June 0, 2007 2: city of Alameda Real Estate Asset Management Policy CITY OF ALAM E DA I MEMORANDUM To: Honorable Mayor and Members of the City Council From: Debra Kurita City Manager Date: dune 6, 2007 Re: Review and Approve Asset Management Guidelines. for .Tidelands Leasing BACKGROUND staff is actively engaged in discussions :related to reneg otiation of several Tidelands leases. The pending expiration of these existin g bong term leases creates ark vp ertur i p for the City to negotiate the new leases at market: rates. Additier all ,the vutc me of this process may assist the .City in achieving a number of its raterfrart- related devep la rrent objectives, including: Poster a .vibrant rnixed- use pedestrian friendly Waterfront environment Physically and visually. reconnect the cemrnur i ty tv the aterfrdnt. Improve public access through and aroUr d the raterfront district. Preserve the unique history and envi ronment of the. area. Encourage development in the area that is sensitive to the character of Alameda. In preparation for. these negotiations, staff has develop os�ed asset ..management err ent p p g guidelines that will serve as the foundation of future Tdelar ds lease discussions, DISCUSSION The issues related.to the discussion of the future manag of the City's Tidelands assets can be divided into the interests of either the City or the lessee: The City's interests are to: I Protect the long term property interest that reverts to the City. at lease termination y thereby recovering at the end of the lease an asset that has begin el conserved ell- constructed an well m aintained; 2. beet its stewardsh arid fiduciary. responsibilities reg arding mana err ent of g g g owned Tidelands assets by. managing property in the best lon term interest of .the g e community and generating lease revenues to maintain and augment these assets; a It Exhibit #1 erg A Agenda Item #4 E 00e Special Joint CC and ARRA Mtg CIC IVItg 07 -27 -10 Honorable Mayor and Members of the City Council June 6, 2007 Page. 2 3. Increase the level and quality of public benefits, such as public opens pace,. ublic p p services without increasing public cost. In addressing this interest, and increase in cost to the General Fund for development and maintenance of. new open. s p ace or other p public infrastructure should be offset with new General Fund revenues. In most cases, the current lessees have benefited from 40 to o oar term leases at v ery ry low rates, Frith .little or no specific performance requirements. Consequently, the lessees are interested in: 1. Continuing their long -term interest in the with little or no cha g a in terms; 2. Gaining extended long -term contracts that maximize the value of the asset, allowin g for leverage of lease .terms for financing; 3. Controlling revenue- producing property without p erformance req uirements, re q gu atons for revenue sharing, and maintenance obligations. Since .these interests are in. direct conf lict, staff has develop ro ose p p p d guidelines facilitate discussions with lessees who request r e and earl lease renewals. While vnl Op one lung terra lease is actually expiring within the. next Fear other lessees have re nested q early extensions of their leaseholds to support major renoratibns, �vbtain finar�cin or g� ensure long -term control. over the leased area in order to support future evelo relent plans. p Given the requests for early lease renewals, staff re conmsnds develop p g negotiation guidelines. The proposed guidelines. are: 1. Ensure market-rate lease'terrns reflecting ransactions for corn arable mat erfront g p properties (unless the. lessee is required to reconstruct or construct onstruct improvements); 2. Requi.re.full disclosure of balance sheets and financials for book" .process p p 3. Establish full disclosure of tenant identity and investors; 4. require profit. sharing and percentage rent consideration; 5. Establish procedures for re- appraisal of rent to market; 5. Consider modification. to market rent onl as an offset for development y i nvestment and only when those investments meet strict performance requirements and are a rnade; 7. Require .regular maintenance and compliance with .deli n g uideli nes g 8. require public access and,rhere appropriate, deloprnent and maintenance of waterfront bar trails; 9. Require maintenance of specific capital reserve accounts. Honorable Mayor and Members of the City council The council may also consider: ,dune. 6, 2007 Page 3 a. Not renewing some .leases and utilizing he ro ert .fo purposes; other ur g p p Y p p h. Advertising the expiring lease opportunities to alloy others to bid; C. Allo the leases to expi re; d. Negotiating leases that require improvements that meet some other unity goals. Finally, at the same time lessees are asking o. renew and extend their leases a� current ent terms, they are also seeping to preserve their existing lease terms for t11 re Preserve the original lease period.. It is in those lessee' interest to secure: e.xtensions to their leases at the same terms as the current. leases... After 40. or 50 ears, these beneficial terms are y. s gr f cant. E3y seeking extensions, the tenants are essentially confirm ng the remain in g leases have decnen value because: the tears are too sort fQr a lender, and not substantial enough to support capital investments. Staff recommends. that existing. leases be brou ht to market rates as. eaten g lions are requested and negotiated. These :mocinications would become the basis for an asset management strategy and provide opportunities for new waterfront cornrrtunit y benefit revenues and subsequent asset development. RECOMMENDATION Review and approve the asset management. guidelines .for Tidelands leasing g Respectfully sub fitted, Leslie A. Little Development Services Director LAL: rr MINUTES OF THE SPECIAL CITE" COUNCIL MEETING WEDNESDAY- -JUNE 6 2007- -7:01 P.M. Mayor Johnson convened the Special Meeting at 8 :24 p.m. ROLL CALL Present: Councilmembers deHaan, Gilmore, Matarrese, Tarn and Mayor Johnson 5. Absent: Nome. AGENDA ITEM 07 -277 Recommendation to review and approve Asset Management Guidelines for Tidelands Leasing. The Development Services Director gave a brief pre.sentation Councilmember Matarrese stated the context should be. balancing off the public recreational component; the .tidelands.trust allows for maritime industry; part of the public benefit might be 204 skilled trades jobs at a shipyard .which provides the .benefit of local j obs all uses must be viewed with a balanced risk efit; a global view must be taken; everything along the shoreline does not need to change to public recreational open space the guidelines are reasonable; the uses are varied enough; each lease cannot be expected to be viewed the same way. The Development Services Director stated maritime uses are valuable; leases will ensure facilities are.maintained and kept. in a condition to become valuable assets to the community; there are ways to accomplish public benefit, such as view access versus physical access. Councilmember Matarrese stated public benefit is not necessarily ro allowing people to be able to walk up to the water; there are other benefits, such as sales tax revenues, job creation and shoreline access for recreation; the term public benefit. needs to be stretched; that he supports the Bay Trail, however, commercial endeavors providing revenues to the general fund should be viewed as public benefits. The Development Services Director stated tideland funds can be used to develop public assets in other locations; the goal of trying to figure out public benefit is a good start. Councilmember Gilmore inquired what is the City's policy. on going out to bid when long -term leases expire; stated there have been complaints from the public about not being able to bid when other Special Meeting Alameda City Council June 6, 2007 long -term leases have expired. The Development Services Director stated staff was considering putting notices in the newspaper; the adjacent property owners manage of the leases; in some case.s, buildings cross property lines; staff would try to define property lines and make trades to have property lines not go through buildings. Councilmember Matarrese stated said policy should be included in the guidelines. The Development Services Director stated something could be inserted; further stated public notification would be determined on an individual basis. Councilmember Gilmore stated the leases.have been off the market for so long that the level of interest will not be known until noticed; further stated what is developable. might have changed over three decades. Councilmember deHaan inquired whether only a handful of opportunities are being discussed, to which the Development Services Director responded there are three immediate opportunities. Councilmember deHaan inquired whether some of the leases have options for extensions The Development Services Director responded the option in most existing leases is up to the lessee, not the City. Councilmember deHaan concurred with Councilmember Gilmore's comments; stated there might be better and higher. opportunities staff would have to discuss whether having forty to fifty leases is in the City's best interest; a shorter lease could give an option later on. The Development Services Director stated setting up a performance based lease extension is being discussed for one lease; the term would be extended to the extent that there is investment made or performance on the lease. Councilmember deHaan moved approval of the guidelines. Mayor Johnson stated that she concurs with Councilmember Matarrese regarding maritime use along the waterfront; public access to the waterfront should be maximized to the extent possible, but not if a maritime use would have to be shut down to allow public access; Special Meeting Alameda City Council 2 June 5, 2007 many uses along the waterfront are not maritime; there should be a high priority for public access to the waterfront. Councilmember Matarrese seconded the motion. Under discussion, Councilmember Matarrese stated that he does not want to strip the waterfront of industrial uses; walking on the path by Bay shit and Yacht is interesting; there .1s.a lot to see; that he would be upset if the use were stripped and hou.ses..were put in; the jobs are needed; the public access goes hand in hand but is not the driver. Mayor Johnson suggested a goal be added regarding maintaining maritime uses. Vice Mayor Tarn stated that she prefers to keep the language. more general; maximize revenue- generating opportunities. Councilmember Matarrese added the language "as a public benefit stated some examples of public benefit should. be included; requested the guidelines be posted to the City' .s website for the public and leaseholders. Vice Mayor Tarn inquired whether the guidelines could sent to the three upcoming leases, to which the Development services. Director responded in the affirmative. Councilmember deHaan inquired whether Councilmember Matarrese was seconding the motion with a caveat. Councilmember Matarrese responded in the affirmative; stated it [caveat] is to ensure the guidelines are posted. Mayor Johnson inquired whether said caveat was the caveat to which Councilmember deHaan was referring. Councilmember deHaan responded in the negative; stated there are a couple [caveats], including maritime uses. The Development services Director stated one of the goals of the tidelands trust is to regulate the types of uses; maritime uses are high on the priority l i s t Councilmember Matarrese stated describing the public benefit, as not just recreational use, should also be included. Mayor Johnson inquired whether the additions covered what vice Mayor Tangy mentioned. Special Meeting Alameda City Council 3 June 5, 2007 Vice Mayor Tam responded in the affirmative; stated [her recommended language is] to enhance revenue generating opportunities as a public benefit. On the call for the question, the motion carried by unanimous voice vote 5. ADJOURNMENT T here being no further business, Mayor Johnson adjourned the special meeting at 8:45 p.m. Respectfully submitted, Lara weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Special Meeting Alameda City Council 4 June G, 2007 ASSET MANAGEMENT GUIDELINES FOR TIDELAND LEASING Adopted b Cit Council June 6, 2007 1 Ensure market-rate lease terms reflectin transactions for comparable waterfront properties (unless the lessee is re to reconstruct or construct improvements 2. Re full disclosure of balance sheets and financials for propert "open book35 process); 3. Establish full disclosure of tenant identit and investors; 4. Re profit sharin and percenta rent consideration; 5. Establish procedures for re-appraisal of rent to market; 6. Consider modification to market rent onl as an offset for development investment and onl when those investments meet strict performance re and are actuall made; 7. Re re maintenance and compliance with the draft Northern Waterfront Desi Guidelines 8. Re or expand public access and, where appropriate, development and maintenance of waterfront ba trails 9. Re maintenance of specific capital reserve accounts; 10. Ensure that the Cit also considers and maximizes the public benefits of j ob creation and sales tax revenue. The purpose of this polic is to establish criteria and standards for the mana administration and leasin of Cit real estate as (land and buildin 11 SCOPE The Real Estate Asset Mana Polic applies to all real..e.state. assets owned and/or controlled b the. Cit of Alameda., its corn ponent units Alameda Reuse a Redevelopment Authorit ARR A) and the C.ommu.nit Commis (CIC), includin but n ot. limited t Cit owned and occupied structures; owned properties licensed or leased to third parties; properties leased b the Cit from third parties; State Lands Trust Properties and multi-.part ventures. III POLICY OBJECTIVES The objectives of this polic are to: (1) define use cate for.classif public assets.; (2) outline asset mana strate (3) establish asset mana and leasin criteria; (4) strate appl asset .ma na e.ment techni to the Cit assets usin well described use cate utilization levels and cost benefit criteria and (5 measure and. evaluate. asset use and its performance. IV DEFINITIONS A. Use Cate Real estate owned, mana or. ac b the Cit can be classified into the followin g eneral use cate g ories: 1) Oper Land and b used to provide c o re municipal services includes facilities. such as cit corporation y ard- fire and police stations;. sewer a nd .mater treatment plants; wells; utilities and substations; streets; sewers; storm drains etc. 2) Comm La and. bui.1 used to enhance. the qu alit y of. life for the communit such as parks; trails; open space; recreational centers- shorelines and beaches; communit g ardens; cultural and educational institutions;. museums; libraries etc. Exhibit #2 A Item #4-E Special Joint CC and ARRA Mt CIC Mt 07-27-10 Real Estate Asset Management Policy (Cont.) 3) Development: Land and buildings used to provide affordable housing, or to facilitate economic development and redevelopment through sale or conversion of public assets to private use. 4) Restricted: Land and buildings with limited access, deed or other legal restrictions such as State Tidelands leases; cell tower sites; fee parking lots; small land /building rentals; property with environmental limitations; public easements etc. 5} Excess: Land and buildings with no current or future real property need for the aforementioned city uses, and determined to. be.surplus by action of one or more of the city's legislative bodies. Upon classification of the asset as described above, a determination of the intensity of utilization or potential utilization of each asset will .be categorized as follows: 1) Fully Utilized Property fulfills a perpetual municipal or community use for the life of the asset. 2} Underutilized Property fulfills a municipal or community use with potential for expanded or perpetual use for the life of the asset. 3) Interim Use Property fulfills a short terra, non- mun.ici p al use. for a property which has a planned future municipal, community or development use. 4) Unused Properly fulfills no current use, but may have future municipal use, or some restricted municipal use in some form. 5) Surplus Property.— fulfills no municipal, community or development use now or in the future. Once categorized into use /utilization categories, the following asset management strategies shall be applied 1) Maximize efficiency/reliability efficiency/reliability and provide optimum subsidy. This strategy is most applicable to operational assets utilized to provide specific, recurrent core municipal services. 2 Real Estate Asset Management Policy (Cont.) 2) Maximize value /benefit and provide optimum to moderate subsid This strategy is appi.icable to community assets that. are. utilized to provide a broad, general benefit that enhances or improves the quality of life for residents. 3) Maximize value /benefit Mini r ize subsidy and optimize return. This strategy applies to development assets that can b.e used to promote private or quasi private uses. 4) Optimize return and enhance contributions to indust cluster or comm identity. This strategy is applicable to development or restricted assets and not critical to the provision of cure operational or community services. 5) Inefficient to manage, operate or lease. This strategy applies to assets categorized as excess and defined as surplus by the appropriate legislative body. V11 PERFORMANCE MEASUREMENTS 1) operational Allocates expenses to maximum number of departmental uses; contains operational costs; reduces space needs; provides ongoing maintenance or enhancements to the city's physical plant or.infrastructure. 2} Community Increases acreage per .capita without significant .increase in maintenance cost; adds value; balances.co t with benefits added. 3) Development Generates tax revenues; provides market ..return; creates jobs; contributes value added to operational or community assets. 4) Restricted Generates tax revenues; provides market return; creates jobs; reduces city maintenance and operational costs. 5} Excess creates new and recurrent tax revenues; eliminates city maintenance costs; facilitates private .development. Vill A SSET LE AND LI The following criteria, in priority order, should be .used in applying .the real estate asset management policy to the lease or sale of municipal real estate. 1) supports the mission of the city, as defined by legislative bodies. 3 Real Estate Asset Management Policy (Cont.) 2} Generates revenues to construct and provide for the on -going maintenance of new infrastructure; supports generation of revenues to provide for the on -going maintenance of existing infrastructure. 3) contributes to the city's tax base or other property improvements. 4) Mitigates on -going operational expenses to the City whenever possible. 5) Generates sustainable, recurrent revenue. 6) Creates /retains jobs or businesses. 7) Develops or leverages a desired industry cluster. S} Proposes /guarantees through lease terms a significant t e /amount of 9 type/amount private capital investment in the public asset. 9) Serves as a catalyst for other lease opportunities or adjacent private development uses. 10) Enhances a specific social service, historical legacy or affordable housing need of the community. Vill LEASE TERM CRITERIA Negotiations for the lease of real property assets should consider the following as to term: 1) Term offered should be based upon use and utilization categories. 2} Term may vary from month to month, to the city maximum of 55 years, to Redevelopment Agency maximum of 99 years and to state Tidelands maximum of 55 years. 3) Term must Include bilateral agreement to extend or renew lease term based upon cost benefit analysis to lessor and lessee, as well as a priority commitment to reinvest in public asset by lessee. 4) Terre may be balanced by lessor's need for capital investment in public asset and lessee's need for amortization of debt or financing required. 5) Terris may consider maintenance, both preventive and on- going, required by lessor and committed by lessee. 4 Real Estate Asset Management Policy (Cont.) IX LEASE RATE CRITERIA Negotiations for the lease of real property assets should consider the following as to rate: 1) Rate negotiated should be driven by public stewardship of the property (market), but balanced by use and utilization categories. 2) Rate should consider lessee's commitment to provide on -going facility support and maintenance of land and buildings. 3) Consideration may be given for lessee's ability to deter vandalism, reducing lessor's preventive maintenance at the site, if rate is flexible. 4) Numerous and varied formulas may be used in determining rate including market rate as determined by city; market rate. but offset by sliding scale; market rate with CPI; variable rate structure such as "flat for five" with inclusion of CPl in later years; rate structure offset by maintenance commitment of lessee. 5) cost benefit analysis, applicable to both lessor and .lessee in meeting public policy goals such as public access to shorelines, living gage, open space, job creation, industry cluster, maintenance and. capital commitments of lessee etc. may also be considered in calculating a rate formula. X ORGANIZATIONAL RESPONSIBILITIES The following functional responsibilities .are assigned within the city organization in order to administer the city's asset management policy. 1. City Manager's office: The city Manager 7 s office is the ultimate decision maker with respect to administrative interpretation of this city Council policy. All transactions under this policy must be approved by this office. 2. City Attorney's Office: The city Attorney's office shall provide support in the interpretation of this asset. management policy and in all matters affecting the legislative authority of the :city's governing bodies, including City charter, municipal ordinance and risk management requirements. The Fisk Management Division of the city Attorney's office shall be included in the review of all transactions affecting the .properties, tenants, operations or the construction or demolition of improvements. Liability and property insurance shall be maintained by the city or through tenant leases, and the city must be indemnified and named as additionally insured in all cases. 5 Real Estate Asset Management Policy (Cont.) 3. Community Development (Planning Building). All projects on city -owned controlled or leased property shall conform to the. city's. General Plan, planning guidelines, zoning regulations and building and fire code requirements, as determined by this department. 4. Housing: The lousing Department shall be consulted in the disposition of surplus property to ensure affordable housing development opportunities are available, should the surplus site be appropriate for Such development. 5. Public Works. The Public Works Department shall provide facility support and maintenance services for operational assets, both. land. and buildings, within the city's real estate portfolio, i.e., janitorial, landscaping, heating, g ventilation and air conditioning, plumbing, electrical maintenance, fire alarm, security, grounds, electrical, roof and structure .repair including the oversight and administration of such work if completed by contract, 6. Park Recreation: All open space and recreational space, both land and buildings, shall be administered by this department. 7. Finance. The Finance Division of Administrative services shall ensure that account methodology and processes. shall be sufficient to support and account for the city's real estate. assets, e.g. budget tracking, account receivable /payables aging report, asset inventory. system, died asset accounting, surplus property inventory, financial policies and guidelines. X1 APPROVAL AND AUTH All purchase and sale of real estate including the execution of ..all lease agreements shall be governed by the city Charter. of the city of Alameda, its Mu nicipal code, community Improvement. Commission (CIC). Bylaws, and Alameda Reuse and Reinvestment Authority (ARRA) requirements. outlined in the Lease In Furtherance of conveyance (LIFOC) restrictions. The City Manager, or designee, shall have the authority to approve, subject to the city .Attorney's review and approval as to form, the following real estate transactions: 1) Licenses or sub- leases of less than one year with no automatic option to extend the term. 2} Termination of lease or sub -lease based upon original terra and conditions. 3) Initiate unlawful detainer actions, foreclosures, and requests for reconveyance (when promissory notes are paid in full) and other administrative management of a minor nature. X Real Estate Asset Mana Polic Cont. 4 Lease assi to q ualified third parties, name chan (lessee entit approval of sale of business to a new operator (subject to Cit licensin plannin and permittin processes). 5) Tenant improvements affectin less than twent percent (20%.) of the usable space subject to Cit licensin planni'n and permittin processes. 6) Emer actions that are re to repair, replace necessar to reduce life threatenin situations (public. safet structures) re or Cit infrastructure pursuant to Alameda Municipal Code re 7) Commission rates and schedules. for brokers or consultants in the participation of sales and purchase. a and lea activities subject to Cit Mana contract si authorit X11 ASSET MANAGEMENT POLICY MATRIX The followin matrix is included to facilitate administration of this polic USE CATEGORY UTILIZATION CATEGORY ASSET. MANAGEMENT .STRATEGIES :PERFORMANCE ...MEASUREMENTS Operational Full Utilized Maximize Operational Land and buildin used Propert fulfills a effi Allocates expenses to to provide core perpetual municipal or and .provide op maximum. number of municipal services; communit use for the subsid departmental. uses; includes facilities such life of the asset. This:str is most contains operational as cit hall; corporation applicable t costs;reduces space y ard; fire and police ope assets needs; provides stations; sewer and util.i provide -on maint water treatment plants; specifi recurre core or enhancements to wells; utilities and municipal services. the cit :physical 'plant substations; streets; or infrastruc tu re. sewers; storm drains etc. Communit Underutilized Maximi C.O.M.Munit Land and buildin used Propert fulfills a value/benef it and increases acrea per to enhance the q ualit y of municipal.or provide optimum to capita without life for the communit communit use with m o derate subsid si in such as parks; trails; potential for expanded This.strate is maintenance cost; open space; recreational or perpetual use for the applicable .to adds. value; balances centers; shorelines and life of the asset. com assets that cost with benefits beaches; communit are.util.iz to provide a added. g ardens; cultural and broad, g eneral benefit educational institutions; that enhances or museums; libraries etc. improves the q ualit of i Real Estate Asset Management Policy (Cont.) Development Land and buildings used to provide affordable housing, or to facilitate economic development and redevelopment through sale or conversion of public assets to private use. Restricted Land and buildings with limited access, deed or other legal restrictions such as state Tidelands leases; cell tower sites; fee parking lots; small land /building rentals; property with environmental limitations; public easements etc. Excess Land and buildings with no current or future real property need for the aforementioned city uses, and determined to be surplus by action of one or more of the city's legislative bodies. Interim Use Property fulfills a short term, non municipal use for a property which has a planned future municipal, community or development use. Unused Property fulfills no current use, but may have future municipal use, or some restricted municipal use in some form. Surplus Property fulfills no municipal, community or development use now or in the future. life for residents. Maximize valuelbenefit, minimize subsidy and optimize return. This strategy applies to development assets that can be used to promote private or quasi private uses. Optimize return and enhance contributions to industry cluster or community identity. This strategy is applicable to development or restricted assets and not critical to the provision of core operational or community services. Inefficient to manage, operate or lease. This strategy applies to assets categorized as excess and defined as surplus by the appropriate legislative body. Development Generates tax revenues; provides market .return; creates jobs; contributes value added to operational or community assets. Restricted Generates tax revenues; provides market return; creates jobs; reduces City maintenance and g operational costs. Excess creates new and recurrent tax revenues; eliminates city maintenance costs; fa.ci 1 J tates. private development. AMG:mk G:citymgr /AP &P project\Real Estate Management Policy.doc X CITY of ALAMEDA Memorandum To: Honorable Mayor and Members of the city council Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority From: Ann Marie Gallant Interim city Manager /Interim Executive Director Date: July 27, 2010 Re: Approve a cooperation Agreement between the city of Alameda, Alameda Reuse and Redevelopment Authority and the Alameda East Bay Miracle League; and Adopt a Resolution Supporting Alameda East Bay Miracle League's Efforts to Develop Miracle Park, which tlll'ill Provide Special Needs Persons with the opportunity to Play Baseball as Team Members in a Formally Organized Baseball League in the city of Alameda BACKGROUND In July 2009, the City of Alameda (City) applied to the Department of Interior (DOI) for a Public Benefit Conveyance (PBC) for 7.5 acres of land currently owned by the United States Navy (Navy) for use as a public park. The Navy land is part of the former Naval Air station Alameda (NAS Alameda), which was closed as a military installation and is subject to disposal in accordance with the Defense Base closure and Realignment Act of 1991. This land is commonly referred to as Estuary Park. While Estuary Park previously included soccer fields, it is not currently a public park, and the city has not identified funds for the design, construction and maintenance of Estuary Park. Before the Navy can transfer Estuary Park to DOI for conveyance to the city, the proposed community Reuse Plan Amendment for the North Housing Parcel, which includes Estuary Park, must be approved by the United states Housing and Urban Development Department. This is likely to occur within 12 to 18 months. In the meantime, staff is negotiating a Lease in Furtherance of Conveyance (LIFOC) with the Navy to provide the City with full site control of Estuary Park within the next several months. The Alameda East Bay Miracle League (AEBML), an all- volunteer, California -based non- profit corporation, which is committed to meeting the recreational needs of physically and developmentally challenged persons in the greater San Francisco Bay Area, approached the city on the possibility of collaborating with there to construct a baseball facility on a portion of Estuary Park (Miracle Park). As envisioned by AEBIVIL and staff, construction of Estuary Park would be accomplished in three phases: Phase 1 Agenda Item #4 -F Special Joint CC and ARRA Mtg CIC Mtg 07-27 -10 Honorable Chair and July 27, 2010 Members of the Alameda Reuse and Redevelopment Authority Page 2 of 4 Honorable Mayor and Members of the City Council includes the construction of Miracle Park by AEBML (approximately 3 acres Phase 1 a includes the development of the Common Area by AEBML (approximately 2 acres); Phase 2 includes the renovation of soccer fields by City (approximately 2.5 acres); and a potential Phase 3, which is yet to be clearly defined. AEBML wishes to design, construct and manage Miracle Park as a specially designed, fully accessible venue that incorporates a highly cushioned, rubberized, synthetic field, which will facilitate safe and easy participation for those with disabilities. Miracle Park would provide special needs persons with the opportunity to play baseball as. team members in a formally organized baseball league. Currently, there are no recreational facilities specially designed for physically and developmentally challenged persons in Alameda, nor are there any sports leagues targeted specifically for special needs persons. Miracle Park would provide a unique recreational opportunity for disabled persons in the city, as well as the region. Staff has negotiated a cooperation agreement between the City, the Alameda Reuse and Redevelopment Authority (ARRA), and AEBML to assist AEBIVIL achieve the goal of organizing a baseball league for special needs persons (Cooperation Agreement The Cooperation Agreement, including a conceptual site master plan for Estuary Park developed by AEBML, is attached (Exhibit 1) and is described in greater. detail below. Staff is also recommending approval of a resolution of support for AEBML's efforts to construct Miracle Park. DISCUSSION The key terms of the Cooperation Agreement are summarized below: 1. Parties. The parties to the Cooperation Agreement include the City, the ARRA, and AEBML. The City will control the rights to the land initially through a LI FOC, and then eventually through fee title once the DOI conveys the property to the City. 2. Term and Commencement. The Cooperation Agreement will commence on August 1, 2010 and terminate July 31, 2012, or until such time that Estuary Park is transferred, with overall site control, to the City by the Navy /DOI, either.through the LIFOC or PBC. At that time, the Cooperation Agreement gill be superseded by a more comprehensive, longer terra lease for development, operations, maintenance, and management of Miracle Park by AEBML, if approved by the City's legislative bodies. Honorable chair and July 27, 2010 Members of the Alameda Reuse and Redevelopment Authority Page 3 of 4 Honorable Mayor and Members of the City council 3. obligations of Parties. The obligations of the city, ARRA and AEBML include the following: a. AEMBL agrees to prepare design development drawings to be used to further advance the site design for all phases of Estuary Park, including the city's Phase 2, in order to allow for a more accurate statement of probable cost of development "Design Development Drawings b.The ARRA agrees to provide financial support in the amount of $50,000 to AEBML for the Design Development Drawings. c. The City and AEMBL agree to pursue a long -terra lease or sublease of the property to enable the construction and joint use of Estuary Park, once full site control is received by the city from the Navy or Doi. FINANCIAL IMPACT The proposed ARRA 2010 -2011 fiscal year budget includes $50,000 for AEBIVIL to prepare Design Development Drawings, as required by the cooperation Agreement. ENVIRONMENTAL REVIEW An Environmental Impact Report "EIR and subsequent Addendum .for. the Reuse of Naval Air Station Alameda fully analyzed the potential environmental effects .of an eight acre park and up to two acres of open space for a total of ten acres at the site of Estuary Park. None of the circumstances necessitating preparation .of .addition.al CEQA review as specified in CEQA and the CEQA Guidelines, including Public Resources Code Section 21166 and CEQA Guidelines Section 15162 are present in that (1) there are no substantial changes proposed in the project or the circumstances under which the project is undertaken that would require major revisions to the E.IR due to new environmental effects or a substantial increase in the severity of previously identified significant effects; and (2) there is. no "new information of substantial importance as described in CEQA Guidelines Section 15162(a )(3). RECOMMENDATION 1) Approve a cooperation Agreement between the city, ARRA and AEBML; and 2} Adopt a resolution supporting AEBML's efforts to develop Miracle Park, which will provide special needs persons with the opportunity to play baseball as team members in a formally organized baseball league in the City of Alameda. Honorable chair and Members of the Alameda Reuse and Redevelopment Authority Honorable Mayor and Members of the City council Re$pectfuly submitted, i ,Aj/ Jenne r Ott Deput, city anager Jo: ry Exhibit: July 27, 2010 Page 4of4 1. Cooperation Agreement between the city of Alameda, Alameda Reuse and Redevelopment Authority and Alameda East Bay Miracle League, including a conceptual site plan and preliminary schedule COOPERATION AGREEMENT B ETWEEN THE CITY OF ALAMEDA AND ALAMEDA REUSE AND RE AUTHORITY AND ALAMEDA EAST BAY MIRACLE LEAGUE This Cooperation Agreement has been prepared by and for the City of Alameda "City Alameda Reuse and Redevelopment "ARRA and the Alameda East Bay Miracle League ("AEBML") as a collaborative effort to strengthen and expand recreational services in the City for youth with special needs. E A. AEBML is an all volunteer California based non profit corporation, which is committed to meeting the recreational needs of the physically and developmentally challenged persons in the greater San Francisco Bay Area. B. one of AEBML's goals is to provide special needs persons with the opportunity to play baseball as team members in a formally organized baseball league and the City and ARRA Irish to support and collaborate with AEBML's in reaching this goal. C. To achieve the goal of having a baseball league for special needs persons, AEBML, City and ARRA Irish to pursue the design and development of a 7.5 -acre park ("Estuary Park which will include a baseball park "Miracle Park"), common areas, parking, and the renovation of the existing adjacent soccer fields. D. AEBML wishes to design, construct, fully outfit, and manage Miracle Park a specially designed, fully accessible venue that incorporates a highly cushioned, rubberized, synthetic field, which will facilitate safe and easy participation for those with disabilities. An expanded outfield will allow for adapted small -sided soccer games as Drell. E. The Estuary Park site is currently owned by the United States Navy "Navy" However, the navy plans to lease and eventually convey ownership of the site to the City in the near future. F. Construction of Estuary Park is expected to be accomplished in three phases as follows: (1) Phase 1 includes the construction of Miracle Park by AEBML (approximately 3 acres); (2) Phase 1a includes the development of the Common Area by AEBML (approximately 2 acres); and (3) Phase 2 includes renovation of soccer fields by City (approximately 2.5 acres). G. A conceptual site master plan and preliminary facility program for Estuary Park has been developed by AEBML. The next step is to prepare design development drawings for Estuary Park, which in turn will serve as the basis for subsequent cost estimating and final construction drawings for the site. Exhibit Agenda Item #4 -F Special Joint CC and ARRA Mtg ClC Mtg 07-27-10 H. The conceptual plan and renderings are attached as Exhibit A to illustrate the scope of the Estuary Park project. In addition, an overall preliminary project schedule is included as Exhibit B. Now, therefore, for and in consideration of the collaborative agreements herein contained, the parties hereto agree as follows: 1. TERM AND COMMENCEMENT This Agreement shall commence on August 1, 2010, and shall remain in effect for 24 months or until such time that the subject property is transferred, with overall site control to the City by Navy, either by lease or conveyance, whereby this agreement will be superseded by a more comprehensive, longer -term lease for development, operations, maintenance, and management of Miracle Park by AEBML. 2. OBLIGATIONS OF PARTIES ARRA agrees to provide financial support in the amount of $50,000 to AEBML "ARRA Funds" AEMBL agrees to prepare design development drawings to be used to further advance the site design for all phases of Estuary Park so as to allow for a more accurate statement of probable cost of development "Design Development Drawings City and AEMBL agree to pursue a long -term lease or sublease .of the property to enable the construction and joint use of Estuary Parr, once full site control is received by City from the Navy "Estuary Park Lease Estuary Park Lease provisions will include, but are not limited to, the following: A. Construction obligations, including completion of.planning, design, permitting and entitlement; utility coordination and installation; construction administration and management; commencement and completion timing; g funding; and hazardous materials handling and development of, and adherence to, a hazardous material site management plan. B. Joint use obligations, including funding of operations and maintenance; maintenance standards and obligations; and scheduling of community use. 3. PAYMENT AND REFUND OF FUNDS ARRA will remit payment of ARRA Funds to AEBML once AEBML provides a copy of an executed professional services contract approved by ARRA for Design Development Drawings and proof of available funds, to the satisfaction of the ARRA, from other sources of funds for any portion of the contract amount exceeding ARRA Funds. In the event that AEBML does not develop Design Development Drawings within 24 months it shall refund ARRA Funds to ARRA less any already expended funds. rN 4. WORK PRODUCT City and ARRA and AEBIVIL will jointly own Design Development Drawings and will have unlimited access and use of Design Development Drawings, including in electronic format, and of any other work product developed with ARRA Funds. 5. LIABILITIES AND INDEMNIFICATION AEBML shall indemnify, defend and hold harmless City, ARRA, their officers, agents, employees, representatives, and volunteers from all claims, demands, actions, liability, or damages of any kind or nature arising from or in connection with the design phase of this Agreement; except those liabilities which arise as a result of sole and active negligence of City or ARRA. 0. NOTICES All notices, statements, demands, requests, consents, approvals, authorizations, appointments, or designations hereunder by either party to the other shall be in writing and delivered by personal delivery, registered or certified mail, first class mail, or. reputable overnight carrier. Such Notice shall be deemed given and seared upon the date of personal delivery; or if delivered by certified or registered rnail.upan the date of delivery or refusal of delivery; or if delivered by first class mail three (3) days after depositing in the United States mail, postage prepaid and properly addressed; or if delivered by reputable overnight courier one day after deposit, with said courier. The parties' respective addresses for Notice are set forth below. Any party may change its address for notice by written notice delivered in accordance herewith. If to City: City of Alameda 2203 Santa Clara Avenue Alameda, CA 94501 Attn: Deputy City Manager If to ARRA: Alameda Reuse and Redevelopment Authority 2203 Santa Clara Avenue Alameda, CA 94501 Attn: Deputy Executive Director If to AEBM L: Alameda East Bay Miracle League 1 322 Sherman Street Alameda, CA 94501 Attn: Roberta Rockwell, President 3 7. TERMINATION ADD AMENDMENTS This Agreement may be terminated by either party by serving a 60-day written notice on the other party. This Agreement may be amended in the same manner as it has been entered into. If AEBML terminates this Agreement, AEBML will remain subject to Section 3 above. 8. SEVERABILITY AND APPLICABLE LAW Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable lair, but if any provision of this Agreement is declared invalid under applicable law, such provision shall. be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision, or the remaining provisions of this Agreement. This Agreement has been made and entered into in the State of California and the laws of said State. shall overrt the validity and interpretation hereof and the performance hereunder by the parties herein. 9. AGREEMENT This Agreement sets forth the entire Agreement between the parties. The failure of City, ARRA or AEBML to insist upon strict performance of any of the. terms, conditions, or covenants in this Agreement shall not be deemed .a waiver of .any right .or remedy which City, ARRA or AEBML may have and shall not be deemed a waiver of any right or remedy for a subsequent breach or default of the terms, conditions, or covenants herein contained. 11. BINDING EFFECT This Agreement and all the terms, covenants, conditions, and agreements herein contained shall be binding upon and inure to the benefit of the parties hereto and their respective successors. 12. GOvERNlN LAW/ ATTORNEYS' FEES/VENUE This Agreement shall be governed and construed under the lags of the State of California and the venue shall be Alameda County, California. In the event that any legal action or proceeding is instituted by any party to this Agreement to interpret or enforce the Agreement or otherwise arising hereunder, the prevailing party in such action shall be entitled to an award of its reasonable attorneys' fees and costs in addition to any other relief awarded. 4 IN WITNESS WHEREOF, this AGREEMENT has been dul approved b the Cit ARRA, and AEBML. The Parties executin this a have the authorization and authorit to bind their respective entities. Cit of Alameda Ann Marie Gallant Cit Mana Dated: /2010 Approved as to Form: Assistant Cit A-Ytorne Alameda Reuse and Redevelopment Authorit Ann Marie Gallant Executive Director Dated: /2010 Approved as to Form: ge., General Counsel Alarp E s Pa irad Lea B y 9) &VIL oberta Ilockwell President Dated:. 7 2b 1 2010 ki 0 Ui 4 ONE'. 0 low LLJ ui 49 LU U) LU w loe TOO L 17 .j uj U— TOO L 17 .j uj 0 in w w I E iS Vi LIJ LU li LL t z 0 C) L) 0 nfl I Is E iS Vi LIJ li Is 0 i r. Ir XII "All s 'w[ Xt x 4 Z Z fg I ry CITY OF ALAMEDA RESOLUTION NO. A I -4. M SUPPORTING THE ALAMEDA EAST BAY MIRACLE LEAGUE EFFORTS TO CONSTRUCT MIRACLE PARK, WHICH WILL PROVIDE SPECIAL NEEDS -PERSONS WITH THE OPPORTUNITY TO PLAY BASEBALL AS TEAM MEMBERS IN A FORMALLY ORGANIZED BASEBALL LEAGUE IN THE CITY OF ALAMEDA WHEREAS, Alameda East Ba Miracle Lea (AEBML is an all-volunteer, California based, non-profit corporation committed to meetin the recreational needs of the ph and developmentall challen persons in the g reater San Francisco Ba Area and WHEREAS, one of AEBML's g oals is to provide special. needs .persons with the opportunit to pla baseball as team members in a formall or baseball lea and the Cit of Alameda wishes to support and collaborate with AEBM in reachin this g oal; and WHEREAS, no recreational facilities speciall desi for physicall and developmentall challen persons currentl exist in the Cit of Alame and WHEREAS, no sports lea tar specificall for special needs persons currentl exist in the Cit of Alameda and WHEREAS, to achieve the g oal of havin a baseba.1l lea for special needs children, AEBML and Cit of Alameda are enterin i n to a coop erat.ion a related to the fundin of de development drawings f o r the developm of a 7.5-acre park ("Estuar Park" which will include a baseball park Miracle Pa common areas, parkin and the renovation of the existin adjac -soccer fields and WHEREAS 0 construction of Pstuar Park fn be is expected. anc omplished in I three phases as follows: (1) Phase 1 includes the construction of Miracle Park b AEBML (approximatel 3 acres) 2 Ph la includes the .:.d.evelopment of the Common Area b AEBML (approximatel .2. acres and (3 Phase 2 includes. renovation of soccer fields b the Cit (approximatel 2.5 acres) and WHEREAS, AEBML wishes to desi construct, full outfit, and mana Miracle Park as a speciall desi full accessible venue that.incorporates a hi cushioned, rubberized, s field, and an expanded outfield, which will facilitate safe and eas participation for those with disabilities; and WHEREAS, the Estuar Park site is currentl owned b the United .St Nav "Nav y and the Nav plans to lease and eventuall conve ownership of Estuar Park to the Cit of Alameda in the near future: and WHEREAS, the Cit of, Alameda and AEMBL are a in the cooperation a g reement to pursue a lon g -term lease or sublease of the propert to Resolution #4-F Special Joint CC and ARRA Mt CIC Mt 07-27-10 AEBML to enable the construction and joint use of Miracle Park, once full site control is received by the city of Alameda from the Navy. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ALAI EDA that it supports AEBML efforts to develop Miracle Park on land .owned by the Navy to be conveyed to the city of Alameda in order to provide special needs persons with the opportunity to play baseball as tears members in a formally organized baseball league. 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the council of the city of Alameda .in a regular meeting assembled on the 27th day of July, 2010, by the following vote to wit AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WH EREOF, I have hereunto set my hand and affixed the official seal of the said city this 28th day of July, 2010. Lara Weisiger, city clerk City of Alameda