Resolution 14504CITY OF ALAMEDA RESOLUTION NO.
AUTHORIZING OPEN MARKET NEGOTIATIONS OF A CONTRACT
PURSUANT TO SECTION 3 -15 OF THE ALAMEDA CITY CHARTER FOR
THE SEWER POINT REPAIRS AND ASPHALT CONCRETE REPLACEMENT
WITHIN THE CITY OF ALAMEDA, NO. P. W. 07- 10 -20, AND AUTHORIZING
THE INTERIM CITY MANAGER TO ENTER INTO SUCH AN AGREEMENT
(REQUIRES FOUR AFFIRMATIVE VOTES)
WHEREAS, on September 7, 2010, the City Council authorized a call for
bids for the Sewer Point Repairs and Asphalt Concrete Replacement within the
City of Alameda, No. P.W. 07- 10 -20; and
WHEREAS, the project specifications allow for the annual extension of
the contract on a year -to -year basis, for up to four additional years, based on
mutual agreement and satisfactory performance of all aspects of the contract;
and
WHEREAS, on October 14, 2010, the sole bid received /submitted was
opened and it exceeded the Engineer's Estimate; and
WHEREAS, sewer point repairs and asphalt concrete replacement within
the City of Alameda are needed to meet the City's operating requirements; and
WHEREAS, an open market negotiation is needed to meet the City's
ongoing requirements associated with the Clean Water Act and the United
States Environmental Protection Agency; and
WHEREAS, Section 3 -15 of the City Charter provides that the City
Council, by four affirmative votes, can authorize an open market negotiation if it
determines that great necessity or emergency requires immediate action be
taken.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Alameda, pursuant to Section 3 -15 of the City Charter, and by four affirmative
votes, the Interim City Manager, in cooperation with the Public Works
Department, is hereby authorized to enter into open negotiations of a
construction contract for the Sewer Point Repairs and Asphalt Concrete
Replacement within the City of Alameda, No P. W 07- 10 -20, and hereby
authorized to enter into such an agreement, including allowing for the annual
extension of the contract on a year-to-year basis, for up to four additional years,
based on mutual agreement and satisfactory performance of all aspects of the
contract.
1, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City of Alameda during the Regular
Meeting of the City Council on the 16th day of November, 2010, by the following vote to
wit:
AYES: Counciimembers deHaan, Gilmore, Matarrese, Tam
and Mayor Johnson - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the official seal of
said City this 17th day of November, 2010.
Lara Weisiger, Ci C
City of Alameda
O
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CITY OF ALAMEDA RESOLUTION NO.
PROTECTING THE RESIDENTS AND BUINESSES OF THE CITY OF
ALAMEDA FROM FUTURE SEA LEVEL RISE, RETAINING LOCAL
CONTROL OVER CRITICAL LAND USE DECISIONS, AND
REQUESTING LOCAL GOVERNMENT AND PUBLIC PARTICIPATION
IN THE PROPOSED BAY CONSERVATION AND DEVELOPMENT
COMMISSION CLIMATE CHANGE BAY PLAN AMENDMENT 1 -08
WHEREAS, the City of Alameda was legally incorporated on April 19,
1854, and maintains police powers to ensure the health and well -being of its
residents; and
Whereas, the State of California has recognized the role of local
government in planning for and responding to climate change through its
legislative actions, such as the Global Warming Solutions Act of 2006 (AB 32)
and the Sustainable Communities and Climate Protection Act of 2008 (SB 375),
and the California Air Resources Board has stated in its Climate Change
Scoping Plan, that local governments are "essential partners" to achieving the
State's climate change goals; and
Whereas, the City currently evaluates the effects of sea level rise and
climate change as part of its standard environmental review process under the
California Environmental Quality Act; and
Whereas, the City is developing a new Climate Change Element as part
of its General Plan Update; and
Whereas, the Bay Conservation Development Commission (BCDC) is a
limited purpose agency of the State of California; and
Whereas, BCDC staff has projected that sea level will rise 55 inches by
the year 2100, identifying 213,000 acres of land around the Bay as being in the
potential sea level rise inundation zone and vulnerable to flooding; and
Whereas, substantial portions of the City are within the identified
inundation zone; and
Whereas, BCDC staff has prepared a proposed Bay Plan Amendment
that would establish a policy that specifies, among other things, "until a regional
sea level rise adaptation strategy can be completed, when planning or
regulating new development in areas vulnerable to future shoreline flooding,
new projects should be Iimited ... "; and
Whereas, BCDC's legal authority and regulatory jurisdiction do not
extend to much of the area covered by the inundation zone; and
Whereas, the proposed Bay Plan Amendment may impose additional
burdens on the City in its compliance with the California Environmental Quality
Act and may expose the City to additional risks of litigation under that Act; and
Whereas, BCDC staff has presented no analysis regarding the
consistency of the proposed Bay Plan Amendment with existing General Plans
or zoning laws of any of the cities or counties within the projected inundation
zone, including Alameda; and
Whereas, BCDC staff has determined that low - income residents will be
disproportionately affected by:
• Sea level rise in five Bay Area Counties.
O Preparing for and coping with sea level rise.
® Indirect impacts of sea level rise (e.g., from retrofits to protect critical
infrastructure); and
Whereas, BCDC staff has stated that "...BCDC has no authority to
address social equity issues..." and has proposed no mitigation measure to
address these disproportionate impacts to low - income communities; and
Whereas, BCDC staff concluded in its report accompanying the
proposed Bay Plan Amendment that "the proposed amendment will have no
significant adverse environmental impacts," without consulting with impacted
communities and without considering various direct, indirect, and cumulative
adverse impacts of the proposed Bay Plan Amendment, including those relating
to displacement of people and businesses, traffic congestion, and tail pipe and
green house gas emissions that would result from limiting shoreline protection
and infill development opportunities; and
Whereas, the proposed Bay Plan Amendment, if adopted, could
adversely affect existing residential, commercial, institutional, and industrial
uses and property values of the land within the inundation zone; and
Whereas, BCDC held its first public hearing on the proposed Bay Plan
Amendment in almost one year on October 7, 2010; and
Whereas, numerous cities, agencies, landowners, employers, and Bay
Area residents testified at the public hearing expressing great concern that
insufficient outreach has occurred in the development of the proposed Bay Plan
Amendment.
NOW, THEREFORE, BE IT RESOLVED, THAT the City Council of the
City of Alameda does hereby oppose the adoption of the Bay Plan Amendment
until such time as BCDC:
Meets and confers with the City Council and other affected Cities and
agencies around the Bay Area to present and discuss the proposed Bay
Plan Amendment and work to revise it, as appropriate, in a collaborative
manner;
Conducts adequate environmental assessment for the proposed Bay
Plan Amendments;
Evaluates the consistency of the proposed Bay Plan Amendments with
existing General Plans and zoning laws in cities and counties within the
projected inundation zone;
O Identifies and addresses the equity impacts of the proposed Bay Plan
Amendment and identifies all reasonably feasible mitigation measures to
avoid such impacts;
O Identifies and addresses other environmental and economic impacts of
the proposed Bay Plan Amendment and identifies all reasonably feasible
mitigation measures to avoid such impacts; and Proposes a Bay Plan
Amendment that does not assert BCDC direction or influence over
traditional City land use planning authority.
• Proposes a Bay Plan Amendment that does not assert BCDC direction
or influence over traditional City land use planning authority.
1, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City of Alameda during the Regular
Meeting of the City Council on the 16th day of November, 2010, by the following vote to
wit:
AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam
and Mayor Johnson - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the official seal of
said City this 17th day of November, 2010.
Lara Weisiger,
City of Alameda
CITY OF ALAMEDA RESOLUTION NO.
ORDERING VACATION OF PORTIONS OF EXISTING 10' WIDE
POWER EASEMENT AND 25' WIDE PUBLIC UTILITY EASEMENT,
WITHIN PARCEL 2 OF PARCEL MAP 2542, RECORDATION OF
QUITCLAIM, AND ACCEPTANCE OF TWO NEW POWER
EASEMENTS (ALAMEDA TOWNE CENTRE)
WHEREAS, on October 21, 1960, ten foot wide power easements as
described in Parcels No 1, 2 and 4 of that certain Grant of Easement were filed
in Reel 191, Image 407 in the Office of the County Recorder, Alameda County,
California, and
WHEREAS, on October 2, 1979, a ten foot wide power easement as
described in Parcel "A' of that certain Grant of . Easement was filed in Instrument
No. 79- 196972 in the Office of the County Recorder, Alameda County,
California, and
WHEREAS, on October 30, 1957, a twenty five foot wide public utility
easement as shown on Sheet 9 of Tract 1866, was filed in Map Book 38, Page
50 to 54 in the Office of the County Recorder, Alameda County, California, and
WHEREAS, portions of the existing power easements and public utility
easement are no longer necessary for electrical distribution infrastructure and
utilities and can be vacated.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Alameda that portions of power easements for electrical distribution lines and
a portion of public utility easement be vacated pursuant to the provisions of
Division 9, Part 3, Chapter 4, Article 8333 (c) of the Streets and Highways
Code. Legal descriptions and plats of the subject easement vacation is on file
in the City Clerk's office.
BE IT FURTHER RESOLVED that the City Clerk shall cause certified
copies of this resolution, attested under seal, to be recorded in the County
Recorder's Office and from and after the date of this resolution is recorded, said
portions of said Power Easements as recorded on October 21, 1900 and
October 2, 1979 and said portion of Public Utility Easement recorded on
October 30, 1957, no longer shall constitute an easement.
1, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City of Alameda during the Regular
Meeting of the City Council on the 16th day of November, 2010, by the following vote to
wit:
AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam
and Mayor Johnson - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of
said City this 17th day of November, 2010.
Lara Weisiger, Cit
City of Alameda
CITY OF ALAMEDA RESOLUTION NO. 14507
APPOINTING SUSAN T. DEUTSCH AS A MEMBER OF THE
CITY COMMISSION ON DISABILITY ISSUES
BE IT RESOLVED by the Council of the City of Alameda that pursuant to
Section 2-17.2 of the Alameda Municipal Code and Ordinance No. 2931, and
upon nomination of the Mayor, SUSAN T. DEUTSCH is hereby appointed to the
office of member of the Commission on Disability Issues of the City of Alameda to
fill the unexpired term of Roberta Kreitz for a term commencing on November 16,
2010, and expiring on June 30, 2011.
1, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City of Alameda during the Regular
Meeting of the City Council on the 16th day of November, 2010, by the following vote to
wit:
AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam
and Mayor Johnson - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the official seal of
said City this 17th day of November, 2010.
Lara Weisiger, CitIerk
City of Alameda
roved as ibt
CITY OF ALAMEDA RESOLUTION NO. 14508
APPOINTING SIM "KAME" RICHARDS AS A MEMBER OF THE
CITY ECONOMIC DEVELOPMENT COMMISSION
(MARINEIWATERFRONT SEAT)
BE IT RESOLVED by the Council of the City of Alameda that
pursuant to Section 2-14.2 of the Alameda Municipal Code and Resolution No.
12149, and upon nomination of the Mayor, SIM "KAME" RICHARDS is hereby
appointed to the office of Marine/Waterfront Seat Member of the Economic
Development Commission of the City of Alameda to fill the unexpired term of
Dennis Viehweg for the term commencing November 16, 2010, and expiring on
August 31, 2013, and to serve until his successor is appointed and qualified.
1, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City of Alameda during the Regular
Meeting of the City Council on the 16th day of November, 2010, by the following vote to
wit:
AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam
and Mayor Johnson - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the official seal of
said City this 17th day of November, 2010.
Lara Weisiger, C e k
City of Alameda
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CITY OF ALAMEDA RESOLUTION NO. 14509
APPOINTING ROBERT ROBILLARD AS A MEMBER OF THE
CITY ECONOMIC DEVELOPMENT COMMISSION
(RETAIL/COMMERCIAL SEAT)
BE IT RESOLVED by the Council of the City of Alameda that pursuant to
Section 2-14.2 of the Alameda Municipal Code and Resolution No. 12149, and upon
nomination of the Mayor, ROBERT ROBILLARD is hereby appointed to the office of
Retail/Commercial Seat Member of the Economic Development Commission of the City
of Alameda, commencing November 16, 2010, and expiring on August 31, 2014, and to
serve until his successor is appointed and qualified.
1, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City of Alameda during the Regular
Meeting of the City Council on the 16th day of November, 2010, by the following vote to
wit:
AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam
and Mayor Johnson - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the official seal of
said City this 17th day of November, 2010.
Lara Weisiger,
City of Alameda