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2010-11-16 Packet11 ��f�� ^_u`1 CITY OF ALAMEDA CALIFORNIA SPECIAL MEETING OF THE CITY COUNCIL AND COMMUNITY IMPROVEMENT COMMISSION CIC TUESDAY NOVEMBER 1 201 6:00 P. M M Location,* Cit Council Chambers Conference Room Cit Hall, corner of Santa Clara Avenue and Oak Street Aqenda: 1. Roll Call Cit Council, CIC 2. Public Comment on A Items Onl An wishin to address the Council/Commission on a items onl ma speak for a maximum of 3 minutes per item 3. Adjournment to Closed Session to consider: Cit Council, CIC 3-A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Propert 2428 Central Avenue Ne parties- Bob Stahl Cit Council, and CIC Under negotiation- Price and terms City Council 3-B. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Si exposure to liti pursuant to subdivision b of Section 54956.9 Number of cases: Two 4. Announcement of Action Taken in Closed Session if an 5. Adjournment Cit Council, CIC u everl a Chair, CI �r� �tr —kr• Y c N s n CITY OF ALAMEDA •CALIFORNIA IF YOU WISH TO ADDRESS THE COUNCIL: 1. Please file a speaker's slip with the Assistant City Clerk and upon recognition by the Mayor, approach the podium and state your name; speakers are limited to three (3) minutes per item 2. Lengthy testimony should be submitted in writing and only a summary of pertinent points presented verbally 3. Applause and demonstration are prohibited during Council meetings TUESDAY NOVEMBER 10 2010 ____..7 P.M. AGENDA REGULAR MEETING OF THE CITY COUNCIL [Note: Regular Council Meeting convenes at 7:00 pm, City Hall, Council Chambers, corner of Santa Clara Avenue and oak Street] The Order of Business for City Council Meeting is as follows: 1. Roll Call 2. Agenda Changes 3. Proclamations, Special Orders of the Day and Announcements 4. Consent Calendar 5. City Manager Communications 6. Regular Agenda Items 7. Oral Communications, Non Agenda (Public Comment) 8. Council Referrals 9. Council Communications (Communications from Council) 10. Adjournment Public Participation Anyone wishing to address the Council on agenda items or business introduced by Councilmembers may speak for a maximum of 3 minutes per agenda item when the Subject is before Council. Please file a speaker's slip with the Assistant City Clerk if you wish to address the City Council. SPECIAL JOINT MEETING OF THE CITY COUNCIL AND 0:00 P.M. COMMUNITY IMPROVEMENT COMMISSION CITY COUNCIL CHAMBERS CONFERENCE ROOM Separate Agenda (Closed Session) SPECIAL JOINT MEETING OF THE CITY COUNCIL, ALAMEDA REUSE 7:01 P.M. AND REDEVELOPMENT AUTHORITY, AND COMMUNITY IMPROVEMENT COMMISSION, CITY COUNCIL CHAMBERS Separate Agenda PLEDGE OF ALLEGIANCE 1 ROLL CALL city council 2. AGENDA CHANGES 3. PROCLAMATIONS SPECIAL ORDERS OF THE DAY ANNOUNCEMENTS 4. CONSENT CALENDAR Consent calendar items are considered routine and will be enacted, approved or adopted by one emotion unless a request for removal for discussion or explanation is received from the council or a member of the public 4 -A. Minutes of the Special and Regular City Council Meetings held on November 3, 2010. (City Clerk) 4 -B. Bills for Ratification. (Finance) 4 -C. Recommendation to Accept the Quarterly Sales Tax Report for the Period Ending June 30, 2010. (Finance) 4 -D. Recommendation to Accept the Quarterly Treasury Report for the Period Ended September 30, 2010. (Finance) 4 -E. Recommendation to Reject the Sole Bid and Adoption of Resolution 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] (Public Works) 4 -F. Adoption of Resolution 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. (Public Works) 4 -G. Adoption of Resolution Ordering Vacation of Portions of Existing 10 Foot Wide Power Easement and 25 Foot Wide Public Utility Easement, Within Parcel 2 of Parcel Map 2542, Recordation of Quitclaim, and Acceptance of Two New Power Easements (Alameda Towne Centre). (Public Works) 5. CITY MANAGER COMMUNICATIONS (Communications from City Manager) 5 -A. Presentation of vision for Webster Street 5 -13 Presentation of vision for Del Dante, Encinal Terminals, and Chipman Warehouse Sites 8. REGULAR AGENDA ITEMS 6 -A. Adoption of Resolutions Appointing Susan T. Deutsch to the Commission on Disability Issues; Sim "Marne" Richards to the Economic Development Commission (EDC) (Marine/Waterfront Seat); and Robert Robillard to the EDC (Retail /Commercial Seat). 6 -B. Public Hearing to consider Adopting Amendment #1 to the FY2010 -11 CDBG Action Plan, and Authorize the Interim city Manager to Negotiate and Execute ,Related Documents, Agreements, and Modifications. (Housing Department) 6 -C. Adoption of Resolution Approving the Mitigated Negative Declaration and the Bicycle Master Plan. (Public Works) 6 -D. Introduction of Ordinance Amending Municipal Code Section 30 -4.9a (Community Commercial Zone) to Amend the Lists of Permitted and Conditionally Permitted Uses. (Community Development) 7. ORAL COMMUNICATIONS NON AGENDA (Public Comment) Any person may address the council in regard to any matter over which the Council has jurisdiction or of which it may take cognizance, that is not on the agenda 8. COUNCIL REFERRALS Matters placed on the agenda by a Councilrnember may be acted upon or scheduled as a future agenda item 9. COUNCIL COMMUNICATIONS (Communications from Council) Councilmembers can address any smatter, including reporting on any Conferences or meetings attended 9 -A. Consideration of Mayor's nominations for appointments to the Historical Advisory Board; Housing commission; Planning Board; Recreation and Park commission; Transportation Commission; and Youth Advisory Commission. 10. ADJOURNMENT city council Materials related to an item on the agenda are available for public inspection in the City clerk's Office, City bail, Room 380, during normal business hours 40 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 a Audio Tapes of the meeting are available upon request Please contact the city Clerk at 747 -4800 or TDD number 522 -7538 at least 48 hours prior to the meeting to request agenda materials in an alternative format, or any other reasonable accommodation that may be necessary to participate in and enjoy the benefits of the meeting CITY OF ALAMEDA CALIFORNIA SPECIAL JOINT MEETING OF THE CITY COUNCIL, ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY (ARRA), AND COMMUNITY IMPROVEMENT COMMISSION (CIC) TUESDAY NOVEMBER 16, 2010 7:01 P.M. Location: Cit Council Chambers, Cit Hall, corner of Santa Clara Ave and Oak Street Public Partici An wishin to address the Cit Council /Board /Commission on a items or business introduced b the Council/Board/Com mission ma speak for a maximum of 3 minutes per a item when the subject is before. the Cit Council Board /Commission. Please file a speaker's slip with the Assistant Cit Clerk if y ou wish to speak. 1. ROLL CALL Cit Council, ARRA, CIC 2. CONSENT CALENDAR 2-A. Minutes of the Special Communit Improvement Commission Meetin held on October 19, 2010. CIC Cit y Clerk 2-B. Recommendation to Approve a.Waiver of License Fees for Alameda Naval Air Museum. [ARRA] (Economic Development) 3. EXECUTIVE DIRECTOR COMMUNICATION 3-A. Alameda R eu s e. and Redevelopment Authorit Board Composition: Options for New Structure [ARRA] 4. REGULAR AGENDA ITEMS 4-A. Recommendation to Authorize th Communit Improvement Commission of the Cit of Alameda to Enter into an Exclusive Ne A with Warmin -Resid for Redevelop of th Cit Corporation Y ard Located at 1616 Fortm Wa a nd the Cit Animal Shelter Located at 1590 Fortmann Wa [Cit Council], and Recommendation to Approve an Exclusive Ne A b and between the Communit Improvement Commission and War Residential for Redevelopment of the Cit Corporation Yard Located at 1616 Fortmann Wa and the Cit Animal Shelter Located at 1590 Fortmann Wa [CIC] (Cit Manager) 4-13, Recommendation to Authorize the Interim Executive Director to Ne and Execute a Purchase and Sale A for the Islander. Motel Propert Located at 2428 Central Avenue Issue a Re for Qualifications to Secure a Development Partner for Conversion of the Islander Motel to Affordable Workforce Housin and Approve an Appropria of $150,000 from the Business Waterfront Improvement Project Affordable Housin Fund Balance to the Business Waterfront Improvement Project Contractual Services and Housin Project Development Funds for the Re Due Dili Reports and Deposits. [CIC] (Housin Department) 5. ADJOURNMENT Cit Council, ARRA, CIC JJ�e erl J n�: y or Chair, ARR n CIC UNAPPROVED MINUTES OF THE SPECIAL M EE TI NG OF THE CITY COUNCIL WEDNESDAY- NOVEMBER 3 2010- --6:00 P.M. Mayor Johnson convened the meeting at 6:10 p.m. Roll Call Present: Councilmen bers deHaan, Gilmore, Matarrese, Tara, and Mayor Johnson 5. Absent: None. The meeting was adjourned to Closed Session to consider; (10 -523) Conference with Legal Counsel Existing Litigation (54956.9); Name of Case: AGL v. City of Alameda. (10 -524) Conference with Legal Counsel Existing Litigation (54956.9); Name of Case: Ottaviano v. City of Alameda. Following the Closed Session, the meeting reconvened and Mayor Johnson announced that regarding AOL, the City Council received a briefing from its attorneys and provided direction on legal strategy; regarding Ottaviano, the City Council met in Closed Session with Defense Counsel in the matter of Ottaviano v. City of Alarneda; the parties have agreed to settle all dispute on the matter in order to avoid further litigation costs; a copy of the Settlement Agreement is available in the City Clerk's office; the vote to approve the settlement was unanimous. Mayor Johnson called a recess to hold the regular Council meeting at 7:45 p.m. and reconvened the closed session at 1 0:45 p.m. 4- (10 -525) Conference With Legal Counsel Anticipated Litigation; Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9; Number of cases: One. Denise Eatton -May, Attorney for David Kapler, read a statement and submitted a copy for the record. Following the Closed Session, the meeting reconvened and Mayor Johnson announced that regarding, Anticipated Litigation the City Council received a briefing from Legal Counsel on a matter of significant exposure to litigation, including a settlement proposal from the potential claimant; the City Council provided direction to Legal Counsel and declined to approve the settlement proposal; the decision of the City Council was unanimous. Special Meeting Alameda City Council November 3, 2010 Adjournment There being no further business, Mayor Johnson adjourned the meeting at 12:25 a.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Special Meeting Alameda City Council November 3, 2010 UNAPPROVED MINUTES OF THE REGULA CITY COUNCIL MEETING WEDNESDAY- NOVEMBER 3 201 0 -7:01 P.M. Mayor Johnson convened the meeting at 8:20 p.m. ROLL CALL Present. Cou ncilmembers del -iaan, Gilmore, Matarrese, Tarn and Mayor Johnson —5. Absent: None. AGENDA CHANGES None. PROCLAMATIONS SPECIAL ORDERS OF THE DAY ANNOUNCEMENTS None. i Mayor Johnson announced that the Minutes [paragraph no. 10.5261; the Agreement with Gates Associates rnaragraph nn_ 10- 5 ?8 nnci the secnnd Gnntrart A,menrlment with Suarez and Munoz Construction [paragraph no. 10 -529 were removed from th Consent calendar for discussion. Councilmember Matarrese moved approval of the remainder of the consent calendar. Councilmember Tam seconded the motion, which carried by unanimous voice vote 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] (10-526) Minutes of the Special city Council Meeting of October 13, 2010; and the Special and Regular city council Meetings of October 19, 2010. Approved. Councilmember Tam stated the October 19, 2010 minutes note that the Public Employee Evaluation item was cancelled; inquired whether the matter would be rescheduled, to which Mayor Johnson responded in the affirmative. Councilmember Matarrese moved approval of the October 13 minutes. Councilmember Gilmore seconded the motion, which carried by unanimous voice vote 5. Councilmember Matarrese moved approval of the October 19 minutes. Regular Meeting Alameda City Council November 3, 2010 Vice Mayor deHaan seconded the motion, which carried by the following voice vote. Ayes: Councilmembers deHaan, Matarrese and Mayor Johnson 3. Abstentions: Councilmembers Gilmore and Tam 2. *10 -527 Ratified bills in the amount of $2,493,347.07. (10 -528) Recommendation to Authorize the City Manager to Enter into an Agreement in the Amount of $284,800 with Gates +Associates for an Urban Greening Plan, including a Parks Master Plan. In response to vice Mayor deHaan's inquiry, the Interim City Manager stated the Urban Greening Planning Grant totals $250,000; $140,000 would be budgeted for a Parks Master Plan; staff recommends augmenting an Urban Farm and Garden Plan. Vice Mayor deHaan inquired why $7,800 would need to be taken from the Golf Enterprise Fund. The Deputy City Manager Development Services responded the money would pay for Gates Associates to look at a tree palate for the Golf Course. Councilmember Gilmore stated that she is uncomfortable spending $140,000 from the General Fund when swimming pool upgrade costs are unknown; the pools are a must have. The Recreation and Park Director stated the Emma Hood swimming pool is up and running; now, efforts are focusing on a solution for the Encinal swimming pool. Mayor Johnson stated the Urban Greening Plan and swimming pool issues have never been an either or situation. The Interim City Manager stated $140,000 would not solve the swimming pool problems; a Park Master Plan has become compelling because the City has so many disparate parks and facilities; a Park Master Plan would calculate an impact fee for new development; the Urban Greening Plan is a compelling document; inventory needs to be done to ensure the best use of property. Councilmember Gilmore stated that she understands the total budget for the swimming pools could exceed millions of dollars; her concern is that the City does not know how much it will cost to get to a stop -gap measure for opening and using the Encinal swimming pool until a long -term solution is found; that she does not have a p roblem completing the $284,800 Parks Master Plan but has concerns regarding the Farmer D and Public Health Law Policy (PHLP) items; she considers the two items as "nice to have Mayor Johnson inquired whether the Farmer D item includes gowing trees for street tree inventory. Regular Meeting Alameda City Council 2 November 3, 2010 The Interim City Manager responded in the affirmative; stated the Farmer D item would also include using some of the existing, vacant, undeveloped park land for community gardens. The Deputy City Manager Development Services stated the Urban Greening Plan grant cannot be just for a Park Master Plan; the urban agricultural component plays an integral part in receiving the grant. Councilmember Matarrese inquired whether there is one -time money in excess of $1 million to for field turgf. The Interim City Manager responded in the affirmative; stated the aggregate amount is $3 million. Councilmember Matarrese stated including the $140,000 would be a good idea to get things going; the $3 million is a buffer; having a tree farm is a benefit; the Littlejohn Park ...redwood trees purchased from an outside vendor are smaller than those that came from the Alameda Point Collaborative nursery. The Interim City Manager stated swimming pool repairs are not going to be paid soley by the City. Vice Mayor deHaan inquired how Kemper Sports would be involved with the landscape planning. The Interim City Manager responded the Golf Course is a recreational facility and an Enterprise Fund; stated the City is in negotiations with Kemper Sports; staff could look for other ways to come up with $7,800 if Council does not want the money to come out of the Golf Enterprise Fund. Vice Mayor deHaan inquired whether part of the Kemper negotiations would include landscape planning, to which the Interim City Manager responded in the affirmative. Mayor Johnson stated the landscape planning cost should be paid out of the Golf Enterprise Fund and reimbursed by Kemper Sports. Councilmember Tarn inquired whether the Golf Commission has been consulted on the matter, to which the Golf Commission Chair responded in the negative. Councilmember Tara stated Council assumes that Kemper Sports would take over landscape planning which includes the storm water management problem and identifying a tree palate that could use recycled water. The Recreation and Park Director stated said items would be included in negotiations now; the current tree palate cannot use recycled water. Regular Meeting Alameda City Council 3 November 3, 2010 Vice Mayor deHaan stated this summer, the trees survived with recycled water; the recycled water is a better quality. In Response to Councilmember Tam's consents regarding the plan helping the School District prioritize, the Interim city Manager stated later on tonight, council will have an opportunity to discuss approving a Joint Use Agreement [paragraph no. 10- 1 including School District property and recreational parks .and.facilit.ies eou.ld. b.e d.is.cus.sed.. Councilmember Gilmore stated swimming pools should be part of the Master Plan if the City is going to have responsibility for pools. The Interim city Manager stated the Master Plan could be amended to augment School District facilities. Speaker Jane Sullwold Mayor Johnson inquired whether adding [Golf Course] landscape planning now would be cost effective, to which the Interim city Manager responded in the affirmative. Mayor Johnson stated the city could negotiate reimbursement with Kemper Sports. The Interim City Manager stated [Golf Course] landscape planning has been included because staff would like to expand the tree inventory. Vice Mayor deHaan stated Golf course trees were assessed; inquired whether the proposed landscape planning would not be folded into the overall tree philosophy. The Interim city Manager responded in the affirmative; stated the project is vital; the Golf course portion could be taken out in order to not hold up the Planso as to not hold up the Golf course. Mayor Johnson stated going forward makes sense; reimbursing the City [for $7,800] could be part of the Kemper Sports negotiations. Councilmember Tam stated that she is hearing two conflicting factual statements: 1) Kemper Sports is already providing reports to the Golf Commission and has a landscaping plan, and 2} Kemper Sports is not doing so now and the city would have to negotiate; the city would save some money by taking $7,800 out of the Golf Enterprise Fund to help fund the Plan. The Recreation and Park Director stated Kemper Sports is performing a general review of the trees to see which trees are diseased; there is no comprehensive, concerted effort to develop a tree palate. Vice Mayor deHaan stated that he would prefer to take out the $7,800 and move Regular Meeting Alameda City council 4 November 3, 2010 forward; the landscaping plan could be included as part of Kemper Sports negotiations. Mayor Johnson stated the $7,800 could be added as a requirement to Kemper Sports' obligations if the City negotiates a long terra lease; otherwise, the City would have to hire someone else at a higher price. Councilmember Matarrese inquired where the $140,000 would Come from, to which the Interim City Manager responded the Park Administration Program of the General Fund. Councilmember Matarrese inquired whether the Park Administration budget includes consulting services, to which the Interim City Manager responded in the affirmative. Councilmember Matarrese moved approval of the staff recommendation with an amendment to not have the $7,800 come from the Golf Course fund. Councilmember Tam stated that she can support the motion; inquired whether the total Contract amount would be $275,900. The Deputy City Manager Administrative Services responded the Contract amount would stay the same; the funding source would be different. Vice Mayor deHaan seconded the motion. Under discussion, Councilmember Gilmore inquired whether she is hearing that the Contract amount would be $284,800. Councilmember Tam responded the contract amount would be $254,800; the Golf Enterprise Fund would not be touched. Councilmember Gilmore inquired whether the motion is to approve the $397,800 [total budget for the Urban Greening Plan] or $284,800. Councilmember Matarrese clarified that the motion is approval of appropriating $397,800 for all three components, having the $7,800 come from someplace other than the Golf Enterprise. Fund, and obtaining $7,800 reimbursement from Kemper Sports. On the call for the question, the motion carried by the following voice vote: Ayes: Councilmen bers del -laan, Matarrese and Mayor Johnson 3. Noes: Councilrnembers Gilmore and Tam 2. -529 Recommendation to Approve a Second Contract Amendment in the Amount of $110,000 to Suarez and Munoz Construction, Inc. for the Webster Street/Wilver "Willie" Stargell Avenue Intersection Project Landscape Irrigation Improvements, No. P.W. 06-09-18. The City Engineer reviewed items noted in an email from Bike Alameda. Regular Meeting Alameda City Council 5 November 3, 2010 Councilmember Gilmore stated the Plans and Specifications seem to be different than what has been constructed; inquired whether the source of the discrepancy has been discovered and ghat has been done to ensure that the situation does not happen again. The City Engineer responded costs were less because the contractor is a landscape and concrete contractor; stated the bicycle paths meet Caltrans' standard, which is an eight --foot paved pathway with two -foot shoulders on each side; the bicycle paths do not meet what Bike Alameda expected. Councilmember Gilmore inquired whether the ten -foot paved pathway was in the Plans and Specifications. The City Engineer responded in the negative; stated the design engineer interpreted the bicycle path as a eight -foot paved pathway with two -foot shoulders on each side. Councilmember Gilmore inquired whether staff would be more specific in the future. The City Engineer responded staff and the consultant reached out to many stakeholders; stated Caltrans has standards regarding travel lanes. and medium width; Bike Alameda wanted a bicycle lane and pedestrian path; Mariner Square Loop was looking at access to their facility; Catellus was looking at turn pockets; in the future, staff needs to review all stakeholder requests to ensure that everything is chocked off; the Fifth Street bicycle lane cannot go down to Webster Street; staff feels people would be placed in a dangerous situation; Caltrans does not allow bicycle lanes down Webster Street; staff is looking into having a bicycle path down Neptune Park in the future. Vice Mayor deHaan stated light stanchions sit outside the eight -foot pathway; extending the pathway by two feet would not provide full usage because the light stanchions would be in the middle. The City Engineer stated the City cannot go toward Caltrans property because Caltrans has a separation requirement between any pedestrian or bicycle facility and roadways; originally, lights were in the landscape strips and needed to be moved because of a large storm drain line; some areas would be ten -feet wide; other areas would be nine and a half feet wide; the concrete pad would be level. Mayor Johnson inquired whether light poles would be in the middle of the bike paths, to which the City Engineer responded in the negative. Councilmember Matarrese inquired whether the City has a ten -foot standard. The City Engineer responded in the negative; stated the City uses the Caltrans' standard. Councilmember Matarrese inquired ghat would be the cost for widening the path to ten Regular Meeting Alameda City Council 6 November 3, 2010 feet, to which the City Engineer responded approximately $20,000. The Public Works Director stated right now, the path is eight feet wide with a two -foot shoulder; Bike Alameda wants o widen the path; Caltrans has agreed to allow widening the path by two feet but will not allow the path to be designated as a combination bike /pedestrian path; five locations would have a nine and a half foot wide path. Councilmember Gilmore stated pedestrian and bicyclist safety is the main reason for widening the existing bicycle /pedestrian path. The Public Works Director stated staff could come back at the next council meeting with the Bicycle Master Plan; after adoption, staff" would meet with the Transportation Commission and Bike Alameda; any standard deviations would be provided to the Transportation commission and Bike Alameda before corning back to Council. Sneaker: Jon Spangler, Alameda. Vice Mayor deHaan moved approval of the staff recommendation. Councilmember Gilmore seconded the motion, which carried by unanimous voice vote 5. *10-530 Recommendation to Adopt Plans and Specifications and Authorize a Call for Bids for the city Elevator Maintenance and Repairs, No. P. W. 10- 10 -28. Accepted. *10 -531 Resolution No. 14503 "Ratifying Award of a contract Pursuant to Section 3- 1 5.2 of the Alameda city charter in the Amount of $223,100, Including contingencies, to Mountain cascade to Pipeburst Existing 14 Inch VCP Storm Drain Pipe and Replace with a 16 Inch HDPE Pipe on Eighth Street, Between Pacific Avenue and Lincoln Avenue." Adopted. *10-532 ordinance No. 3024 "Amending the Alameda Municipal code by Adding Subsection 23 -8 (Encroachments Upon Public Property Prohibited)." Finally passed. CITY MANAGER COMMUNICATIONS -533 Address Questions from the September 21, 2010 Regular City council Meeting Regarding Alameda Fire Department's Emergency Medical Service Delivery. The Acting Fire chief gave a brief presentation. Mayor Johnson inquired ghat is the transport cost, to which the Acting Fire chief responded $1,700; continued the presentation. Councilmember Gilmore inquired how many firefighters would be on duty every day now versus contracting out. Regular Meeting Alameda City Council 7 November 3, 2010 The Acting Fire Chief responded twenty -four firefighters; stated the minimum would be eighteen. Councilmember Gilmore inquired how response times and requests for mutual aid would be affected if ALS service was not provided and staff decreased. The Acting Fire Chief responded tactics and strategy would need to be adjusted; stated dropping to 18 firefighters could provide more risk; the City would need to rely more heavily on mutual aid. Councilmember Gilmore inquired hove many firefighters are dispatched when a call comes in, to which the Acting Fire Chief responded eighteen. Councilmember Gilmore inquired whether only one call would be able to be handled at a time, to which the Acting Fire Chief responded in the affirmative; continued the presentation. Vice Mayor deHaan inquired what is the delta between staffing eighteen firefighters versus twenty -four firefighters, to which the Acting Fire Chief responded ambulance staffing; continued the presentation. Councilmember Gilmore inquired whether the Fire Department has an average, actual response time, to which the Acting Fire Chief responded internal standards are eight minutes for the ambulance and five minutes for first responders. Mayor Johnson inquired where a stroke patient would be transported to, to which the Acting Fire Chief responded County protocol requires cardiovascular or stroke patients to be transported to Alameda Hospital first. Mayor Johnson inquired whether Alameda Hospital is a stroke center, to which the Acting Fire Chief responded in the negative. Mayor Johnson inquired where other communities send stroke patients, to which the Acting Fire Chief responded certified stroke centers. Councilmember Tangy stated when she was on the Hospital Board, the County policy was to take cardiovascular patients to the closest facility that has an emergency room; stroke patients are stabilized first and then transported to an emergency center. Mayor Johnson stated seconds count; the longer a patient goes without proper care, the worse the damage; unfortunately, the protocol for Alameda residents is to go to Alameda Hospital for stabilization and then a stroke center; Alameda County establishes the protocol; inquired whether there are designated cardiac centers, to which the Acting Fire Chief responding Summit Hospital is a designed cardiac center. Regular Meeting Alameda City Council 8 November 3, 2010 Councilmember Matarrese inquired whether cardiac patients need to go to Alameda Hospital first. The Acting Fire chief responded in the negative; stated paramedics have twelve lead monitors; the monitors are connected to a cellular phone and goes directly to Summit Hospital; a doctor reads the AKC and determines whether the patient needs to be transported to Summit Hospital immediately for intervention. Mayor Johnson requested a presentation on EMS protocols [transport]. Vice Mayor deHaan stated Alameda Hospital might be the fastest transport if there is traffic. The Acting Fire chief stated people could request to be taken to a stroke center. Mayor Johnson stated people are not aware of the option. Councilmember Matarrese stated someone told him that a stroke patient could request to be taken to a stroke center, but paramedics will take the stroke patient to Alameda Hospital; the issue needs to be clarified; the protocol might need to be changed if it is not in the best interest of the people of Alameda. Mayor Johnson suggested having someone from the county Health Care District at a future presentation. Vice Mayor deHaan inquired whether paramedics ask a stroke victim where they would like to be transported, to which the Acting Fire Chief responded the policy is not set by the Fire Department. Mayor Johnson inquired whether stroke victims are advised that they are not being transported to a stroke center. The Acting Fire chief responded the Fire Department is bound by policy to take stroke victims to Alameda Hospital; stated stroke victims are asked which hospital they want to be transported to; adult trauma patients are transported to Highland Hospital; child trauma patients are transported to children's Hospital. The Interim city Manager stated staff could provide a chart classifying ASS calls. The Acting Fire chief continued the presentation. Councilmember Gilmore stated that she recalls hiring an outside consultant to do a study of the Fire Department; inquired what happened to the study. The Interim city Manager responded the outside consultant stopped short of a draft because he was unable to complete the report and recommended not going forward Regular Meeting Alameda City council 9 November 3, 2010 until the County was able to provide detailed information on how the $830,000 would be allocated and how the Health services Agency management would change. Councilrnember Tarn left the dais at 9 :50 p.m. and returned at 0:53 p.m. (10 -534) Receive a Report on Paramedics Plus Value Added Equipment and Services for Alameda County Advanced Life Support First Responders. The Acting Fire Chief gave a brief presentation. Mayor Johnson inquired whether Paramedics Pius would supply the Fire Department with medications, to which the Acting Fire Chief responded Paramedics Plus would provide medical supplies, not medications. Mayor Johnson stated providing medications on a County -wide basis would make sense. Vice Mayor deHaan inquired whether the Fire Department has defibrillators The Acting Fire Chief responded the Fire Department has twelve defibrillators; Paramedics Plus would be responsible for replacing defibrillators. Councilmember Tara stated Alameda's paramedics have a lot to be proud of in terms of response times; requested that the Interim City Manager advise what are the next steps on the annexation and assessment process. The Interim City Manager stated a Closed Session has been scheduled to discuss the issues; a draft contract has been finalized from a business standpoint; the legal parts are now being reviewed; assuming Council approval, the goal would be to move expeditiously in order to place the matter on the tax rolls in August for the subsequent year. Councilmernber Tam inquired whether the process is to get a contract finalized, assuming that there will be a Closed session on November 16 th; the October 19, 2010 minutes reflect that questions were raised on the amount of cost associated with the use of the trauma center and $140,000 first responder credit. The Interim City Manager stated the $857,000 is the annual assessment for the City's overhead share of the EMS agency and its proportionate share of the trauma centers; the County committed to taking the credit for first responder engines and applying the amount to the past, accrued deficit. Mayor Johnson stated the County is applying the credit to the arrears. Regular Meeting Alameda City Council 10 November 3, 2010 Councilmember Tam stated the deal is great. The Acting Fire chief stated payment would tale fifteen years and would be interest free. REGULAR AGENDA ITEMS None. ORAL COMMUNICATIONS NON- AGENDA None. COUNCIL REFERRALS None. COUNCIL COMMUNICATIONS -535 consideration of Mayor's Nominations for Appointment to the Commission on Disability Issues, Economic Development Commission (EDC) and Planning Board. Mayor Johnson nominated Susan Deutsch for appointment to the Commission on Disability Issues; and nominated Sire "Kame" Richards, MarineNVaterfront seat, and Robert Robillard, Retail /Commercial seat for appointment to the EDC. ADJOURNMENT There being no further business, Mayor Johnson adjourned the meeting at 10 :17 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Council November 3, 2010 UNAPPROVED MINUTES OF THE SPECIAL CITY COUNCIL MEETING WEDNESDAY- NOVEMBER 3 2010- -7 :02 P.M. Mayor Johnson convened the meeting at 10:18 p.m. Roll Cali Present: Councilmernbers deHaan, Gilmore, Matarrese, Tara and Mayor Johnson 5. Absent: None. Aqenda Item 10- Recommendation to Accept a Recommendation from the Joint Subcommittee of the City Council and the Alameda Unified School District (AUSD) School Board to Direct the Interim City Manager to Negotiate and Execute a 30 -Year Agreement for Operation, Maintenance and Capital Improvements to Recreation Fields and Facilities Currently Owned by AUSD. The Interim City Manager gave a brief presentation. Mayor Johnson stated the School District will also bring the matter before the School Board; the School District would have first priority for facility use. Councilmember Matarrese stated the recent pool situation [closure] has sparked new interest from School Board Subcommittee members to approve the agreement expeditiously before a next crises happens. Councilmember Gilmore inquired whether different use terms would be established it Kaufman Auditorium is included; Stated there have been past issues about who can use the facility and when. The Interim City Manager responded perhaps things have changed because of the economy; stated rent would be a revenue generator; the key would be to get full utilization. Mayor Johnson Stated in the past, groups have not been able to use Kaufman Auditorium because the cost is beyond their budget. The Interim City Manager stated the City uses recreational fields and related facilities and is better than the school District at the core service; the City works with non profits in utilizing facilities; the key is to strike an arrangement with the School District to start the dialogue. Councilmember Tam inquired whether pool maintenance and operation is a 00 -40 split. Special Meeting Alameda City Council November 3, 2010 The Recreation and Park Director responded the City does all the scheduling and is responsible for custodial services and water chemistry; stated the School District is responsible for large capital items. Councilmember Tara inquired whether the city and School District had an eight -year agreement which has lapsed. The Recreation and Park Director responded the Agreement was signed in the 1960's, renewed in 1982, and amended in 1994; the maintenance staff was all School District staff prior to 1994; to increase efficiencies, the city took back maintenance staff back in 1994; the intent was to start the clock in 1994 and go to 2014, but it did not get into the final agreement; the Agreement ended in 2002; the city has been operating under the old agreement. Councilmember Tara inquired whether the concept would be to get a more uniform, holistic arrangement for all facilities under one umbrella agreement. The Recreation and Park Director responded having one entity schedule everything would be more efficient. Councilmember Tarn inquired whether part of the effort would be to help the School District market and maximize use and revenue through leases. The Recreation and Park Director responded in the affirmative; stated a rate structure and priority use would be established. Councilmember Tam inquired whether complaints regarding rates would fall on the Council, to which the Recreation and Park commission responded complaints would go through the Recreation commission. Mayor Johnson inquired whether the agreement would include capital and maintenance, to which the Recreation and Park Director responded the agreement would include everything. Mayor Johnson stated performing an inventory and assessment is important to ensure an analysis of conditions and regular, appropriate maintenance. Vice Mayor deHaan inquired what is the percentage of recovery through fees, to which the Recreation and Park Director responded minimal. Vice Mayor deHaan inquired where funding would come from for the additional fields. The Recreation and Park Director responded funding would be part of negotiations with the School District. The Interim City Manager stated that she included the Kaufman Auditorium because revenue generated from the use of the auditorium could offset another recreational asset. Vice Mayor deHaan stated fees do not take care of park maintenance; the Recreation and Park Department's budget needs to be safeguarded; public safety has a way of eroding Recreation and Park Department dollars; the challenge would be finding a way to improve the funding stream. Councilmember Matarrese staffed council has discussed savings with synthetic turf; the mission is not to protect the budget; the budget is to protect public parks; policy needs to be established regarding leagues exclusively using a public asset when a fee is paid, which has a price tag. Councilmember Tarn moved approval of the staff recommendation. Councilmember Matarrese seconded the motion with direction to follow up on earlier discussion [Park Master Plan, paragraph no. 10-5281 regarding incorporating the facilities in the larger [Park Masten plan. Under discussion, the Interim city Manager stated School District recreational facilities will be included in the Master Plan inventory. Mayor Johnson inquired whether basketballs courts at Alameda Point would be included, to which the Interim City Manager responded in the affirmative. Vice Mayor deHaan stated Alameda Point has a dog park. The Interim city Manager stated Alameda Point has a skate park and gym also. Mayor Johnson inquired whether the boat docks would be included. The Interim City Manager responded everything would be included in the inventory. Vice Mayor deHaan stated Alameda Point also has a recreation hall. On the call for the question, the motion carried by unanimous voice vote 5. Adjournment There being no further business, Mayor Johnson adjourned the meeting at 10:39 p.m. Respectfully submitted, Lara Weisiger Special Meeting Alameda city Council November 3, 2010 City Clerk The agenda for this meeting was posted in accordance with the Brown Act. CITY of ALAM EDA Memorandum To: Honorable Mayor and Members of the City Council From: Fred Marsh Controller Date: November 10, 2010 Re: List of Warrants for Ratification This is to Certify that the claims listed on the attached check register and shown below have been approved by the proper officials and, in my opinion, represent fair and just charges against the City in accordance with their respective amounts as indicated thereon, 1 J%_ i7 Amount 233154 233483 (Vendor Checks) $21230,397.43 EFT945 EFT950 (Vendor Wire Transfers) $378;012.75 Void Checks: 233047 2 ($487.50) 2329 959 ($143.05) 232902 ($153.00) GRAND TOTAL $22607,626.67 Respectfully submitted, V Controller BILLS #4 -B Council Warrants 11/16/10 11/16/2010 H H d' E N w o o r-I Q lD w In m p I-- I o rx a0 00 0 x w H H x WUo 0zu a I I I I o H H H At 124 CC) H w -qj+ P4 d{ U CY1 C1] o W C!} In Q t:) o H N r I W I 04 CI] I 0 F:� I K� U 0 0 H d+ d' U o o U LD to A W t W H I CJ7 I H I di w I I H w I oU >-i F4 I H o H M w H U I C l) H o U w o I W E-1 o H r I Cn I I I lD to t N rn H r {ry N H W o U C!] o 0 U C/] H r--1 H dl Ol A W N cv 0 0 I U Ei W U U' o 0 o x H H G] o 0 o H o Q Q o {n o r-I o o p� W E-q 0 W f 0 w In M H H 4" U N CV COACH r--I E-I r- r-1 m1 O 000 000 0 �o o N m rn m rko�,o rnwNN O 000 14 rn r vv 0 A rn NHm 0 000 000 O m O m mM r-1 M0)wm"R;v000 r-1 NmM r-i 0)m O 000 mr m 0 Q H 0 rn 00 r O 1no1n r -iNrY] o Cn N okokorrNNv nCn Cn0�C�ko 1n oOO k�Or- to r-i o00 r-1 qv Rv r ln 1n N d' rAr- r-i 1n r-i NcNr- r-i oo r-i oolooN oa,o CI) Ot- r� qvmr- N r- W to H N 0 dq d' H N m N (3) r- m ❑1 r r H O 0) OD N O H r Ln W L7 (N r H N H Ln H r- N W H H Ln Ln i� N N N H H H N E-+ x WU0 �C W U a >F:� I I i I I I Cl) C!] W U Q H H W H H a a Fl ED P4 124 H 04 W W 124 U) W U {J p� H cn Cl) l< Cl) Cl) W W z z x U W w CO 1 r� 1 r F r 1 r� 1 �i r�� r W 0 AiH f1' 04 Cl) P4 as w HN HHNE n ri) E1 E1 w w 44 P4 zz z W �4 HHHHHHHHHHHHHHHHHH Q pq W z A CO HH W W Q p UVUUUUUC)UUUUC]UUUUCJ U Uw 0 w t i�' rx W H H H U) HHHHHHHHHHHHHHHHHH z Q4 A ha 00 A WW E W P4 P� P4P4 04 U H 0 w 0 E-1E-i H a �9: HP HHHHHHE-4HE- 1HPPPP z I C4 H H w U U x A A U U U U U U U U U U U U U U U U U U H 04U z H E4 �D WW 0404 x w w 0 0 WWWWWWWWWWWWWWWWWW a4 H E-I 01 hh 0 Cl) Cl) W >-1 r4 aa aaaaa W wwwwwwwwwwwwwWww +CV,� E-ra P�0 040X4 a 0 E-1 0 w 00 -1 0 00 00 0 0 0 0000000000oo000000 0 ON Oo H o U o r-I OO N o ww 00 d' di Oo O w w H Hri W H H H r r-i H HH r HH W W H Ln Ln H w U H �10 k D w H to l0 r- l• 0 0 0000000000oo0o(DOoo 0 ow oO w O W %D kD to r-1 ko ko �ow r-i r r-i H H rn rn H W W WWWWWWWWWWW�oWWW1,0WW �,o w Ln Ln Ln U) W F r w E W -1 0404 IxP H Cl) H -i ww x CO H I 1 H ,D W W r4 H fxfYi P�RiR 'i a'f- �ili�f- ��'LYi�f- Y�' E&iE 99 UU U 40 1 Cl) WC!] U 04104 fx A WWWWWWWWWWWWWWWWWW HH H z F�W I W as zz 00 xx Cn x E1 0 �9: �t �g: �g: :3: �3: �g: :g: g lc:� 00 a me H H a s m 0 fM4 000000000000000000 U WP4 H fra H W Q Ra 04 04 04 f� W [I+ Ra a i4 [1i P-1 a 0404 a N ww U [-4 0� 1 H H �rx �>i E4 E-1 a aaaaaa 1.a aaa W as Cl) V) U �+W 1 P� 00 U w lx z z U H U 1� F: 1� $:4 F:4 4 jc:V, L18 00 o u W 1 W E lP z 00 W z aP4 04 f4P404 04 04 04 0 N04P4Ra04 W uu z z HU i H E-iE -I u x HE-1 >i EA ,'-I p W 0 HHHHHHHHHHHHHHHHHH UUUUUUUUUUUUUUUUUU 0 z HH H U 1 ►�1 E-1 F7 l7 W C7 W W P' 04 CO C1] W W p� W H HHHHHHHHHHHHHHHHH H z� w Q H H H i Q Q 00 04 a U A w W W 00 A A 2 HH U U W f31 a s W Pu CI] H W U U r. 54 F:4 F:� F:�9F:4 F:� F:4 F:4444F:� F:�45�gF:4 <g4 9 90 w I W Cl) E1 E1 N W AA WW x UU A W A W A W AAAAAAAAAAAAAAAAAA WWWWWWWWWWWWWWWWWW A AA AA H 1 U W WW WW H 1 I A H as a a a aaaaaaaaaaaaaaaaaa a as as CO a F:4 0:� 9 F� F:444 <4 <gK� F::4 lc:�4 <444F::44 F:4 54 F� A I I Ln d d'{ to co (3) CA m N m NNNNrgCR]CyCNcgCNNNNNNCNNN l,0 di di NN H M C'7 I 1 r- 00 m ❑1 rn ww OO Cn Ln w Cn 07m01mofOlofofmof(3fmmm m mof d' wl0 00 di 0) 1 N Ln Ln C• i• H w did' Lf) U) Hr-A O N H 00000oo00 CY] NN 00 as Ln H 1;31 NN H m W 000000000000000000 H ww r r o) In H v+ N1+ 14 q4lTW Ln Ln rn Nil q;v OooOOOOOOOOOOOOOOO O 1�rd4 mm W 0 U U v] C1? 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For purposes of this report, sales tax revenues exclude Proposition 172 funds, the allocation from the statewide pool for public safety services. DISCUSSION Sales tax continues to be the fourth largest source of General Fund revenue for the City of Alameda, representing 7.2% of total projected revenues for FY10 -11. Proposition 172 revenue, projected as $0.455 million, when combined with local sales, increases the percentage of total sales to 7.8% of all General Fund revenues. Taxable sales transactions in Alameda for the period ending June 30, 2010, increased 3.5%, or $40,009, from the same quarter in the prior fiscal year. This increase of 3.5% is shown on the tables on the following page, which reflect sales by Economic Category and sales by Geographic Area. The top 25 businesses in Alameda represent 52 or $71 2,138, of the quarter's sales transactions. The top 100 businesses represent 78 or $1,058,207, of the quarter's sales transactions. A 13- quarter historical comparison of per capita sales in Alameda to other local cities is illustrated in Exhibit 1. Additional exhibits have been included in this report that summarize the history of sales tax f o r t he City's major industry groups (Exhibits 2, 3 and 4), a per capital sales tax surplus/gap analysis showing potential sales lost to other communities (Exhibit 5) and a sales tax update which provides information about Alameda and the economic outlook for California (Exhibit 6). City Council Agenda Item ##4 -C Honorable Mayor and Members of the city council November 16, 2010 Page 2of3 Followina is a comparison of the kev economic cateaories with subcateaory detail Building and construction decreased by 15.9 or $8,943, primarily as a result of a decline in contractor sales and sales of building materials. Transportation and Fuel increased by 16.9% or $32,776 reflecting increases in gasoline prices and sales at boat and motorcycle dealers. A comparison of the geographic generation of sales tax for the second quarter of calendar year 2010, as compared to the same period .in 2009, shows .an overall gain of 3.5 or $46,609, largely due to prior period adjustments in the Marina Village Business Park and Webster South of .Lincoln areas. These. adjustments were primarily in the Restaurant and Business Services industries. Decreases w ere noted in the Harbor Bay Business Park and Harbor Bay Landing areas, resulting from a decline in sales in the Health /Medical and Restaurant segments. Total Sales Transactions 2nd Quarter 2010 2nd Quarter 2009 Percent Change Economic Category Total Percent of Total Total Percent of Total 16.9% Transportation Fuel $226 16.6% $194,005 14.7% 1.2% Food Drugs $194 14.2% $192 14.5% 4.3% General Consumer Goods $222 16.2% $213 16.1% -0.7% Business Industry $423 31.0% $426,934 32.3% 5.9% Restaurants Hotels $254 18.5% $240,574 18.2% 15.9% Building construction $47 3.5% $56 4.2% 3.5% Total Quarter $1,369 100.0% $1 100.0% Building and construction decreased by 15.9 or $8,943, primarily as a result of a decline in contractor sales and sales of building materials. Transportation and Fuel increased by 16.9% or $32,776 reflecting increases in gasoline prices and sales at boat and motorcycle dealers. A comparison of the geographic generation of sales tax for the second quarter of calendar year 2010, as compared to the same period .in 2009, shows .an overall gain of 3.5 or $46,609, largely due to prior period adjustments in the Marina Village Business Park and Webster South of .Lincoln areas. These. adjustments were primarily in the Restaurant and Business Services industries. Decreases w ere noted in the Harbor Bay Business Park and Harbor Bay Landing areas, resulting from a decline in sales in the Health /Medical and Restaurant segments. Includes monies received from the State and county sales tax pool Total Sales Transactions 2nd Quarter.2010 2nd Quarter 2009 Percent Change Geographic Areas Total Percent of Total Total Percent of Total 7.8% Park North of Lincoln $125 9.2% $116 8.8% 1.0% ti Park South of Lincoln $152 11.1 $151 11.4% 4.9% Webster North of Lincoln $87 6.4% $83 847 6.3% 14.3% Webster South of Lincoln $34 2.5% $30 2.3% 6.7% Bridgeside Center $49 3.6% $46 3.5% 1.3©/° Alameda Towne Centre $259 19.0 $2 56 1 428 19.4 /0 4.8% Marina Village. Shopping Center $38,380 2.8% $36,625 2.8% -4.2% Harbor Bay Landing $38,891 2.8% $40,599 3.1% 312.6% Marina Village Business Park $49,238 3.6% $1 1,933 0.9% 18.2% Harbor Bay Business Park $44,884 3.3% $54 4.1% -1.3% All other Areas $487 35.7% $494 37.4% 3.5% Total Quarter $1,369 100.0°/0 $1,322,887 100.0°/0 Includes monies received from the State and county sales tax pool Honorable Ma and Members of the Cit Council FINANCIAL IMPACT November 16, 2010 Pa 3 of 3 As of September 30, 2010, fiscal y ear sales tax revenues were $950,901, or 19%, of the $5.085 million projected for FY1 0-11 similar to the prior fiscal y ear. I Accept the Quarterl Sales Tax Report for the period endin June 30, 2010. 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M emora ndum To: Honorable Mayor and Members of the city council From: Ann Marie Gallant Interim city Manager Date: November 10, 2010 Re: Accept the Quarterly Treasury Report for the Period Ended September 30 Each fiscal quarter an Investment Summary Report is provided to the city council for review, per city policy. The report includes all cash available at quarter -end summarized in five major categories: cash on hand includes funds in petty cash, change boxes, and vault; 2) cash on deposit funds in checking and payroll bank accounts; 3) working capital funds on deposit with the Local agency Investment Fund (LAIF); 4) idle cash funds under management by registered investment advisors (RIAs); and a} bond proceeds funds on deposit with trustees or fiscal agents. Exhibit 2 to this report is the Treasury Report for the fiscal quarter ending September 30, 2010. DISCUSSION As of September 30, 2010 the city's cash assets were as follows: September 30, 2010 cash -on -hand 8 Cash-on-deposit 1 Working capital 21 ,480,035 Idle cash 80 fond proceeds 16,680 Total $120 The cash management portfolio summary also identifies the City's invested idle cash, as well as funds invested for various assessment district and bond funds. Detail as to rate, yield, maturity date, par, and market value are also included. City Council Agenda Item ##4 -D 11-16-10 Honorable Mayor and Members of the City Council November 16, 2010 Page 2 of 2 All investments have been made in accordance with the provisions of the City's approved Investment Policy. The city of Alameda's expenditure requirements for the next 180 days are more than sufficiently covered by anticipated revenues from City operations and liquidity from cash on hand, working capital, or maturing investments. FINANCIAL IMPACT As of September 30, 2010, the city had received approximately 21 of the budgeted interest income for F'Y10 -11. RECOMMENDATION Accept the Quarterly Treasury Report for the period ending September 30, 2010. Respectfully submitted, Lisa Goldman Deputy City Manager Exhibits: 1. Review Letter from Kevin Kennedy, City Treasurer 2. Investment Portfolio Summary Report cc: Kevin Kennedy, city Treasurer November 10, 2010 Cit of Alameda e California Honorable Ma and Cit Council: I have reviewed the Cit of Alameda's Treasur Report for the q uarter endin September 30, 2010, and find that it complies with the Investment Polic established b m office. The interest of the Council is alwa appreciated. KK/I Finance Department Cit Council 2263 Santa Clara -ANTenue -Alameda, CaEfornia 94501-4477 Exhibit I t® 5 10.747.4881 a Fax '10 �.4890 -a TDD 510.522.7538 A Item ##4 11-16-10 C) w C7 (D L') M Lf] Ci' M C) r` CD CD N M N1 d CD CO o az rl_ cD cD t0 6 N o oo 1 .6 1 o d o CO N T- M a f Ln Ln tai o c ta U E v CM 0 E m o as n c) n 0 M U') N- M©c)CD fDNM M 0 E U 0 C LU 0 M C7 tO CO (.0 M C: p oo Ln ©6 6 11:t d- M ca M CO r� as d rD v O c) Liz n CD ff, "t Ni- u] 4•"' ff} LC] N N 604 46% f=} r- r Cn CC'S Q3 4. CO C 69- Q FG o Ll.. LL i Uj w o a o a o v o o m CCD M CO N CO C) M c? Uj a Uj u7 z CD r` CO r• CO N N i` CO 0) t-- CO t-- r CO RI N r� c- W LL z a w J z 0 a W u- 0 0 p O!� ti (D CO ti (D LO L[) a C) cc U") C Q U J a V-- nt LO (D o 0 Q CD Q CO w F- z W ca o "TCN CD �M� Q U° r U- W CO 1: LL CY w 0 g co CD d' et 0) LO "It CO o LO c�i (D Q r z N CD rn o [r1 r- r J u. 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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 BACKGROUND On October 5, 2000, the city council authorized a call for bids. for the seder p oint repairs and asphalt concrete replacement .within .the .city of. Alameda, No. P.W. 07-10 20. The project would repair individual sever. laterals. or mains point. sewer repairs) within the public right -of -way at various locations to. prevent future sa y nitar serer overflows. The project specifications also. allowed 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. DISCUSSION To solicit the maximum number of bids and the most competitive price, specifications were provided to 1 7 .separate building exchanges .throughout the Bay. Area. A notice of bid was also published in the Alameda Jouma.l.. A .bid opening was held on. October 14 2010, and only one contractor submitted a bid.. The bid information is as follows: Bidder Location Bid Amount W.R. Forde Associates Richmond, CA $77.8 Since W.R. Ford.e's bid exceeded the. Engineer's Estimate, Public Works staff recommends that the City council. reject. the..sole bid. and, in accordance Frith .Section .3- 5 of the Alameda city charter, authorize the open market negotiation of a construction contract for the sewer point repairs and asphalt concrete replacement within .the Ci.t y of Alameda. Public Works staff will work with w. R.. Forde and the other contractors who attended the mandatory pre -bid conference but did not bid on the p ro`ect to obtain the most competitive price for this work. The contract will continue to provide for the annual extension of the contract for up to four additional years, as was originally hid. City Council Agenda item #4 -E 11-16-10 Honorable Mayor and Members of the City Council FINANCIAL IMPACT March 2, 2010 Page 2 of 2 The project is budgeted in the Sewer Fund (602). There is no impact to the General Fund. MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE This action does not affect the Municipal Code. ENVIRONMENTAL REVIEW In accordance with the California Environmental Quality Act (CEQA), this project is Categorically Exempt under the CEQA Guidelines Section 15302(c), Replacement or Reconstruction. RECOMMENDATION Reject the sole bid and adopt a resolution authorizing open market negotiations of a contract pursuant to Section 3 -15 of the Alameda City Charter for the sewer point repairs and asphalt concrete replacement within the City of Alameda, No. P.W. 07.10- 20, and authorizing the Interims City Manager to enter into such an agreement (requires four affirmative votes). Approved as to funds and account, Fred Marsh Controller JB:LS :gc CITY OF ALAMEDA RESOLUTION NO. AUTHORIZING OPEN MARKET NEGOTIATIONS OF A CONTRACT PURSUANT TO SECTION 3-15 OF THE ALAMEDA CITY CHANTER FOR THE SEWER POINT REPAIRS AND ASPHALT CONCRETE REPLACEMENT WITHIN THE CITY OF ALAMEDA, NO. P. r..0.7- 10 -20, AND AUTHORIZING fr 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 Seger Point Repairs and Asphalt Concrete Replacement within the i 2ct City f Alameda No. P.W. 07- 10 -20; and y WHEREAS, the project specifications. allow for the annual extension of the contract on a year -to -year basis, for up to fot .additional years, based. on mutual agreement 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, serer 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 fluter .Act and the United States Environmental Protection Agency; and WHEREAS, Section 3-1 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 -1.of .the City Charter, and b y four affirmative rotes, the Interim city 111Iar'ager, in pooperti ©n with the Public Works. Department, is hereby authorized to enter into open negotiations of a construction contract for the Serer Point Repairs and Asphalt Concrete Replacement. within the. City. of Alameda, No. P. W. 07- 10 -20, and hereby. y authorized to eater into such an agreement, including allorng for the annual extension of the contract on a year- to- year.basis,.for. up to four additional ears, y. based on mutual agreement and satisfactory performance of all aspects of the contract. Resolution #4 -E CC 1 -16 -10 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 16th day of November 261 g, b the following g vote to wit: AWES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, \A/HEREOF, I have hereunto set my hand and affixed the official seal of said City this 17th day of November 2010. Lara Weisiger, City Clerk City of Alameda CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: November 10, 2010 Re: Adopt A Resolution 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 BACKGROUND The San Francisco Bay Conservation and Development Commission (BCDC) is proposing a Bay Plan Amendment (Amendment) to address the issues of climate change and the potential impacts of a rising sea level. As proposed, the Amendment would establish guidelines and policies for approximately 213,000 acres of land that could be vulnerable to a 55 -inch sea level rise by the end of the century. Most of the area affected b y the Amendment is outside BCDC 's current jurisdiction, which is limited to land within 100 feet of the Bay. The Amendment would restrict local land use decisions for a number of large scale infill projects in Alameda, including development of Alameda Point and the Northern Waterfront. DISCUSSION On October 7, 2010, BCDC received public comment on the proposed Amendment. Although BCDC has been preparing the Amend ment for the last two years, there has been insufficient outreach to local agencies to understand the potential impacts to land use decisions. While general updates have been provided, careful coordination with the General Plans of cities and counties within the Bay Area as well as state required plans from other regional agencies, including the Metropolitan Transportation Commission and the Bay Area Air Quality Management District, have not been included in the process. Staff is concerned that the Amendment may have unintended consequences on Alameda's infill development projects. In fact, the draft Amendment acknowledges that the plan may conflict with the "regional goal of encouraging infill development at closed militar y bases and in concentrating development near jobs and transit." City Council Agenda Item ##4 -F 11 -16-10 Honorable Mayor. and November 16, 2010 Members of the City Council Page 2 of 3 BCDC indicates it supports development on closed military bases and other infill sites, as long as sea level changes are taken into account. However, the proposal may require development projects located along Alameda's shorelines, including Alameda Point and the Northern Waterfront, to construct costly dikes or import extensive amounts of fill. In addition, the amendment's requirement for a risk assessment of a 100-year flood event with the 55 -inch sea level rise may place existing properties in a flood zone, requiring higher insurance rates, without substantial evidence that the properties are at risk. Staff supports the development of policies to address future sea level rise. However, it is essential that the policies be developed with input from all stakeholders through a comprehensive and solution oriented approach. Furthermore, the policies need to be regionally consistent for all Bay Area jurisdictions and identify reasonably feasible mitigation measures that will protect against the impacts from a rising sea level. staff recommends the City Council adopt a resolution requesting BCDC include direct local jurisdiction participation in the development of sea level rise policies to ensure that the regional policies do not unreasonably jeopardize local control over future land use decisions. Furthermore, BCDC should provide additional outreach to local jurisdictions to educate those impacted, coordinate with other jurisdictional plans, and provide input to modify the proposed Amendment. FINANCIAL. IMPACT The financial impact of the proposed Amendment is unknown at this time. Depending on the final policies adopted by BCDC, there may be significant financial impacts on future development in Alameda, including Alameda Point and the Northern Waterfront. In addition, critical drainage infrastructure, such as outfalls and pump stations, may require major redesign and costly upgrades. ENVIRONMENTAL_ REVIEW It is BCDC's position that the proposed Amendment must meet the requirements of the McAteer- Petris Act and BCDC's standards for environmental review through an Environmental Assessment, rather than with the California Environmental Quality Act (CEQA). According to BCDC, Environmental Assessments are prepared in conformance with BCDC's regulations, which have been certified by the Secretary of Resources as functionally equivalent to CEQA. BCDC characterizes the proposed Amendment as a programmatic policy change rather than a specific project with more quantifiable impacts, and thus its background report entitled, Living with a Rising Bay: Vulnerability and Adaptation in the San Francisco Bay and its Shoreline, is more general than would otherwise be required for an environmental assessment for a specific project. Accordingly, Honorable Mayor and Members of the city Council November 16, 20 1 o Pane 3 of 3 it does not appear that BCDC has specifically prepared an environmental assessment docu ment wh ich would be the functional equ ivalent of a CEQA docu ment for this ra osed plan, p p RECOMMENDATION Adopt a resolution retaining local control over critical land use decisions and requestin a g local government and public participation in the proposed BCDC climate chang Bay lan Amendment 1 -08. y Respectfully submitted, Matthew T. Nacle�r Public Works Dire��or Approved as to funds and account, Fred Marsh Controller i CITY OF ALAMEDA RESOLUTION NO. F EA 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, 854, and maintains police pourers to ensure the health .and well -being of its esidents; 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 2,006 (A 32) and the Sustainable Communities and climate Protection Act of 2008 (S13 375 and the California Air Resources Board has stated in its climate change Scoping Plan, that local governments are "essential partners" to achievin g 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 56 inches by the year 2 00, 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 limited and Whereas, BCDC's legal authority and regulatory jurisdiction do not extend to much of the area covered by the inundation zone; and Resolution #4 -F CC 11 -6 -0 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 lags 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. Preparing for and coping Frith .sea level rise. I nd i sect 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 .lour- income communities; and Whereas, BCDC staff concluded in its report accompanying the proposed Bay Plan Amendment that "the. proposed amendment w.iII 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 these 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 withi n the inundation zone; and Whereas, BCDC held its. first public hearing on the. proposed Bay Flan Amendment in almost one year on October 7, 2010; and Whereas, numerous cities, agencies, land.owne.rs, employers, and Bay Area residents testified at the. public hearing expressing great concern that insufficient outreach has occurred in the development of the proposed Ba y Plan Amendment. NOW, THEREFORE, BE IT RESOLVED, THAT the city council of the City of Al meda .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; Identifies and addresses the equity impacts of the proposed Bay Plan Amendment and identifies all reasonably feasible mitigation measures to avoid such impacts; 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 in regular meeting assembled on the 16th day of November 2010, by the following vote to grit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said city this 17 th day of November 2010. Lara Weisiger, city Clerk City of Alameda CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: November 16, 2010 Re: Adopt a Resolution ordering Vacation of Portions of Existing 10 -Foot Wide Power Easement and 25 -Foot Wide Public Utility Easement, Within Parcel 2 of Parcel Map 2542, Recordation of Quitclaim, and Acceptance of Two New Power Easeme (Alameda Towne Centre) BACKGROUND On October 30, 1957, a 25 -foot aide public utility easement was granted to the City of Alameda. In addition, on October 21, 1960, and October 2, 1979, 10 -foot power easements for electrical distribution lines were granted to the City. As part of the tenant and parking improvements constructed at Alameda Towne Centre, Alameda Municipal Power (AMP) required Harsch Investment Realty, LLC (Harsch) to remove and relocate existing electrical distribution lines as well as install new distribution lines. DISCUSSION The electrical utility improvements required by AMP as part of redevelopment of Alameda Towne Centre are complete. Harsch has provided two new power easements for the newly constructed distribution lines, making portions of the existing easements unnecessary. Harsh requests that the City abandon those portions of the existing easements that are no longer needed. In accordance with City requirements, BRIO Engineering of San Jose has prepared the easement plats and descriptions for the proposed vacation and granting of easements. AMP and Public Works Department staff have reviewed the proposed easements and determined them to be acceptable for approval. AMP has indicated that the new electrical distribution lines have been installed within the proposed easements, and the existing electrical utilities located within the easements proposed for abandonment were removed. A legal description and plat of the subject easements are on file in the City Clerk's office. FINANCIAL IMPACT There is no financial impact to the City as a result of vacating the subject easement or accepting the new easements. The developer paid all costs associated with the installation of the utilities. There is no impact to the City's General Fund. City Council Agenda Item #4-G Honorable Mayor and November 16, 2010 Members of the City Council Page 2 of 2 MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE This action does not affect the Alameda Municipal Code. ENVIRONMENTAL REVIEW In accordance with the California Environmental Quality Act (CEQA), this project is Categorically Exempt under CEQA Guidelines Section 15305, Minor Alteration in Land Use Limitations. RECOMMENDATION Adopt a resolution ordering vacation of portions of existing 10-foot wide power easement and 25 -foot wide public utility easement within Parcel 2 of Parcel Map 2542, recordation of quitclaim, and acceptance of two new power easements (Alameda Towne centre). Respectfully submitted, Matthew T. Naclerio, Public Works Dire or Approved as to funds and account, Fred Marsh Controller BH Exhibit(s): 1. Legal Description and Plat Map of 10 -Foot Easement (on file in the City Clerk's office) 2. Legal Description and Plat Map of 25 -Foot Easement (on file in the City Clerk's office) CITY OF ALAMEDA RESOLUTION NO. ORDERING VACATION of PORTIONS OF EXISTING 10' VIDE 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 fa WHEREAS, on October 21, 1960, ten foot pride 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 ,4;� 0i..., Q. WHEREAS, on October 2, 1979, a ten foot pride 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 pride public utility easement as shown on Sheet 9 of Tract 1355, was filed in Flap Book 33, 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 RESOLVE by the City Council of the City of Alameda that portions of poorer 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 3333 (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. Resolution #4.G CC 11 -164K10 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 loth day of November, 2010, by the following Vote to grit: AYES: NOES: ABSENT: ABSENTIONS: IN WITNESS, WHEREOF, l have hereunto set nay hand and affixed the official seal of said City this 17 day of November 2010. Lara't111eisiger, City Clerk City of Alameda CITY OF ALAMEDA RESOLUTION N0. APPOINTING SUSAN T. DEUTSCH AS A MEMBER OF THE CITY COMMISSION ON DISABILITY ISSUES BE IT RESOLVED b the Council of the City of Alameda y y a that pursuant to Section 2 -17.2 of the Alameda Municipal Code and ordinance No. 2031, and 0 upon nomination of the Mayor, SUSAN T. DELTSCH is hereby appointed to the office of member of the Commission on Disability ssues of the City of Alameda to y y fill the unexpired term of Roberta Kreitz for a term commencing on November 10, 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 in a regular meeting assembled on the 16 day of November, 2010, by the following vote to wit: AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WH EREOF, I have hereunto set my hand and affixed the seal of said City this 17th day of November, 2010. Lara Weisig er, City Clerk City of Alameda Resolutions #6 -A 11- 16-10 CITY OF ALAMEDA RESOLUTION NO. 970 I APPOINTING SIM "KAME" RICHARDS AS A MEMBER OF THE CITY ECONOMIC DEVELOPMENT COMMISSION (MARINE/IIi/ATERFRONT SEAT BE IT RESOLVED b the Council of the Cit of Alameda that pursuant to Section 2-14.2 of the Alameda Municipal Cod and Resolution No. 12149, and upon nomination of the Ma SIM "KALE" RICHARDS is hereb appointed to the office of Marine/Waterfront Seat Member of the Economic De Commission of the Cit of Alameda to fill the unexpired term of Dennis Viehwe for the term commencin November 16, 2010, and expirin on Au 31, 2013, and to serve until his successor is appointed and q ua.lified, 1, the undersi hereb certif that the fore Resolution was dul and re adopted and passed b the Council of the Cit of Alameda in regular ular meetin assembled on the 16th da of November, 2010 b the followin vote to wit.. AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set m hand and affixed. the official seal of said Cit this 17th da of November, 2010. Lara Weisi Cit Clerk Cit of Alameda CITY OF ALAMEDA RESOLUTION NO. 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 of the Alameda Municipal code and Resolution No. 12149 and upon Y I 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 n August 3� 2014 and to g g 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 in regular meeting g assembled on the 1 6th day of November, 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 17th day of November, 2010. Lara Weisiger, City Clerk City of Alameda CITY OF ALAM E DA Memorandum To. Honorable Mayor and Members of the city council From: Ann Marie Gallant Interim City Manager Date. November 16, 2010 Re: Hold a Public Hearing to Consider Adopting Amendment ##1 to the FY 0-11 CDBG Action Plan, and Authorize the Interim city Manager to Negotiate and Execute Related Documents, Agreements, and Modifications BACKGROUND The city of Alameda is an Entitlement recipient of Community Development Block Grant (CDBG) funds from the Federal Department of Housing and Urban Development (HUD). CDBG funds finance programs and activities that benefit love- and moderate- income persons and help prevent or eliminate slurps and blight. In May Zoo, the City council adopted the FY1 0-11 CDBG Action Plan (Plan). Amendment #1 will reallocate funds from unprogrammed funds to public facilities, and residential rehabilitation programs. All citizen participation requirements have been met, with publication of the public hearing notice in the Alameda Journal as well as Chinese and Spanish language newspapers. Provisions for non English speaking residents and persons with disabilities were available. DISCUSSION Details of the proposed Amendment ##1 are included as Exhibit 1 and summarized below. The one -time funding available for re- programming is generated from unanticipated program income and FY1 0-11 unprogrammed funds. Following approval of the Amended Action Plan, grant modifications or agreements will be negotiated to fulfill Federal and city requirements. The form of agreements and modifications are the same as those approved by the City council and the city Attorney for previous CDBG amendments and contracts. Public Facilities Improvements: The following public facility activities benefiting low- and moderate income Alamedans are proposed to be funded through Amendment #1: $82,000 for a trash compactor for Alameda Point Collaborative (APC) and $58,200 for kitchen equipment for Alameda Boys and Girls Club. APC anticipates that the installation of a trash compactor will save at least $50,000 City Council Agenda Item #6 -E3 11-16-10 Honorable Mayor and November 10, 2010 Members of the City Council Page 2 of 3 annually in waste management costs and produce one full time job for a resident to operate it. APC will be responsible for collecting waste from durnpsters throughout the community and consolidating it at the compactor, and then emptying the compactor on an as- needed basis. In addition to reducing annual operating costs, this new system will accommodate flexibility in garbage collection, thus avoiding any unsightly overflowing containers. As part of its new facility, the Boys and Girls Club seeks to equip a commercial kitchen to provide a number of important services for the City's youth and community, such as conducting weekly cooking and nutrition classes; serving the Alameda Unified school District's hot lunch program for low- income children during the summer vacation; providing accredited job training courses in culinary skills offered by the College of Alameda and the Alameda County Regional Occupation Program (ROP); and supporting special events by community groups and non profits held at the gymnasium. Residential Rehabilitation Programs: $13,250 is proposed to be funded through Amendment #1 for the Multi Hazard Prevention Program offered by the Alameda Fire Department to assist seniors living in Alameda. The program began in FY09 -10, usin g FY09 -10 CDBG funds as a match for a grant from the Federal Emergency Management Administration. This program has been extremely popular and has also been useful for marketing other housing services to seniors, such as the City's existing Residential Rehabilitation Programs. $183,211 in unanticipated program income is proposed to supplement the City's existing Residential Rehabilitation Programs, including Housing Rehabilitation, Rental Rehabilitation, and Accessibility. Modification. The CDBG program will transfer $100,090 in entitlement funds from Residential Rehabilitation Programs and transfer the balance of the funds, $53,450, from unprogrammed funds to fund the projects to be added to the Action Plan through this first amendment. FINANCIAL IMPACT The funds for Amendment #1 to the FY10 -11 CDBG Action Plan are budgeted in the City's accounts (236 6235.2 and 236 6235.1) for CDBG. ENVIRONMENTAL REVIEW The execution of related agreements and final funding commitments are subject to satisfactory environmental clearance under 24 CPR Part 58. RECOMMENDATION 1) Adopt Amendment #1 to the FY10 -11 CDBG Action Plan; and 2) Authorize the Interim City Manager to negotiate and execute related documents, agreements, and modifications. Honorable Ma and November 16, 2010 Members of the Cit Council Pa 3 of 3 Respectfull submitted, Michael T. Pucci Housin Authorit Executive Director Approved as to funds and account, Fred Marsh Controller Is] Exhibit: 1. Summar Amendment 1, FY10-11 City of Alameda Substantial Amendment No. 1 to FY10 -11 Action Plan for Community Development Block Grant The Action Plan's programs and projects and funding allocations are unchanged. The following Programs and Projects are an addition to the adopted Action Plan: Public Facilities $82,000 Alameda Point Collaborative Trash Compactor Project To purchase and install a trash compactor of sufficient size to service the Alameda Point Collaborative's facilities and housing, including requisite concrete pad and appropriately -sized electrical support. $581f 200 Alameda Boys and Girls Club Kitchen Fixtures The project includes a commercial grade stove, oven, refrigerator, freezer, dishwasher, sink system, food preparation table, and county Health Department required ventilation and fire suppressant systems. Residential Rehabilitation Programs $163. 211 —,Residential Rehabilitation Funds will be used among the housing rehabilitation programs (Rental Rehabilitation, according to project opportunities and demand). $13,250 -Multi Hazard Prevention Program (Senior Safety) Funds will be used to purchase supplies (strobe lights, smoke detectors, special flash lights, etc.) and to support Alameda Fire Department implementation of the program. Source of Funds for Amendment $163,211 in unanticipated program income is proposed to supplement the City's existing Residential Rehabilitation Programs, including Housing Rehabilitation, Rental Rehabilitation, and Accessibility Modification. The CDDG program will transfer $100,000 in entitlement funds from Residential Rehabilitation Programs and transfer the balance of the funds, $53,450, from unprogrammed funds to fund the projects to be added to the Action Plan through this first amendment. City council Exhibit to Agenda item #6-13 11 -16 -10 CITY OF ALAM E DA Memorandum To: Honorable Mayor and Members of the City council From: Ann Marie Gallant Interim City Manager Date: November 1 6, 201 0 Re: Adopt a Resolution Approving the Mitigated Negative Declaration and the Bicycle Master Plan m yw ri i�o iin .i uun The city council adopted the current Bicycle Master Plan (Plan) in 1999 and reaffirmed its priorities in 2002 and 2008 to maintain eligibility for state bicycle project funding. An update of the Plan was initiated in 2008 to support the goals and policies of,the recently updated Transportation Element, and to provide an assessment of the city's current bicycling needs, priorities, and opportunities. The proposed Plan incorporates input from the public, as well as several city boards and commissions, including the Transportation Commission. The Planning Board held a public hearing on September 27, 2010, regarding the proposed Plan and the Mitigated Negative Declaration (MND) and recommended that the city Council approve the M N D and the proposed Plan with modifications. DISCUSSION Bicycle Master Flan Recommendations: Although the Transportation Element includes bicycling- related policies, they are stated in general terms and primarily discussed in relation to other transportation modes. Based on comments and input from the public, it was determined that supplemental policies should be included in the proposed Plan to provide more specific guidance regarding the implementation of bicycle projects and programs. Projects considered for implementation included those approved as part of the previous proposed Plan, as well as project recommendations made by board and commission members, the public, and staff. Potential projects were evaluated based on the following criteria, with projects receiving a maximum of 100 points: Connectivity (10 points) how a proposed facility connects to existing facilities. Geographic Equity (5 points) existence of bicycle facilities in proximity to the proposed project. City Council Agenda Item #6.-C 11 -16 -14 Honorable Mayor and Members of the City Council November 16, 2010 Page 2 of 7 Latent Demand (26 points) proximity to population, employment, commercial areas, and other trip generators and attractors. Safe Routes to School (10 points) identification of the street proposed for a bicycle facility on the school- approved Safe Routes to school reap. Reduce Conflicts (6 points) potential of the proposed facility to separate bicyclists from vehicle traffic, provide a facility in a heavily traveled corridor, or reduce potential conflicts between bicyclists and pedestrians. Regional Access route (10 points) connectivity to major routes outside Alameda. N ultimodal Connectivity (6 points) access to major bus routes, ferry, or BART. Public Support (10 points) identified in an approved City, county, or regional plan. Complexity (10 points) least complex projects were ranked higher, based on ease of implementation. Operations and Maintenance Costs (10 points) projects with the lowest operations and maintenance costs were ranked higher. After projects were rated, staff estimated the amount of anticipated revenues that the City could reasonably expect to receive for. bicycle projects over the next ten years. These included Measure B bicycle /pedestrian funds, Transportation Development Act Article 3 monies, and an estimate of competitive grant funds. The highest rated projects were selected for implementation in ranked order until all estimated available funds were exhausted. These projects were identified as high priority projects and resulted in projects scoring 66 points or more being selected. Remaining projects that met a minimum score of 60 were classified as medium priority projects. Should the City secure additional discretionary funds beyond ghat was estimated, medium riorit p y projects will be pursued based on the selection criteria for the particular funding source. In addition to the prioritized project list, the proposed Plan also identified bicycle facilities network improvements outside the City's jurisdiction as well as improvements associated with future development and redevelopment projects. Planning Board Proposed Modifications: The Planning Board approved a resolution recommending that the City Council adopt the Bicycle Master Plan with some modifications. Below are the proposed changes and staff's analysis of the requested changes. Where appropriate, the requested modifications were incorporated into the resolution to adopt the proposed Plan. 1. Enhance Access to the Park Street and Fruitvaie [Miller-Sweeney] Bridges: The proposed Plan should be amended to recommend further evaluation of multimodal solutions to enhance access to the Park Street and l= ruitvale bridges, including access via Tilden Inlay and consideration of how the bridges link to Oakland. The City should continue to work with Oakland to enhance bicycle access at these locations. Honorable Mayor and November 10, 2010 Members of the City Council Page 3 of 7 Staff Analysis The proposed Plan includes a recommendation that the City continue to work with the City of Oakland; Alameda County, who owns and operates the Miller- Sweeney and Park Street Bridges; and the united States Army corps of Engineers, who owns the Fruitvale Railroad Bridge, to pursue opportunities to enhance access in these corridors. This collaboration is currently occurring with regard to several initiatives: As noted in the proposed Plan, the city and the county have been jointly working to pursue funding to replace the existing Miller- Sweeney Bridge and Fruitvale Railroad Bridge with a new structure designed to serve all transportation modes. Public Works staff is working with the Array Corps of Engineers to evaluate the feasibility of such a structure in its analysis for replacing the Miller Sweeney Bridge and Fruitvale Railroad Bridge. Public works staff is coordinating with the city of Oakland, Caltrans, and the Alameda county Transportation commission to enhance access along the Park Street corridor by incorporating bicycle lanes in the Park Street triangle area in Oakland as part of the 1 -880 29 Street/23 Street Interchange Improvement p project. This project will add bicycle lanes from the Park Street Bridge to 7th Street in Oakland to provide better access to bicycle lanes on the Embarcadero. While the replacement of the Miller- Sweeney Bridge and the Fruitvale Railroad Bridge is a long -term solution for providing improved access, staff agrees that the following short term improvements should be proposed as an interim measure. Proposed Plan Modification Staff recommends that the proposed Plan be modified as follows: Blanding Avenue, a class 11 bicycle route from Park Street to Broadway and a class III bicycle route between Park Street and Oak Street should be added as a high priority project. The bicycle route is recommended between oak Street and Park Street, as the street width is narrower than the segment east of Park Street. These bicycle facilities would provide enhanced access to the Park Street Bridge by connecting to the proposed bicycle lane on oak Street, and the existing bicycle lanes on Broadway and Fernside Boulevard. Furthermore, bicycle facilities should only be designated on Blanding Avenue should it be determined that the existing railroad tracks can be removed in accordance with Surface Transportation Board (STB) requirements, and funding for the removal is secured. The estimated cost for this project is $10,000. Staff recommends that the funds be provided from the resources allocated to the Cross Alameda Trail. The funding included in the proposed Plan for the first phase of the cross Alameda Trail is $1 ,422,000. As noted in the proposed Plan, this amount may not be sufficient to complete this project. Honorable Mayor and November 10, 2010 Members of the city council Page 4 of 7 However, this funding would demonstrate the city's commitment to the project and could enable the city to leverage additional resources from developers and/or competitive grants. The reallocation of $10,000 should not significantly impact the City's ability to pursue these resources. The cost to remove the railroad tracks from Blanding Avenue is estimated to be $3`5,000; this portion of the project will be completed as part of the cost to reconstruct the street, and the resources are not allocated from funds devoted to bicycle projects. 2. Pursue Cost Sharing Agreements: The proposed Plan should be amended to encourage cost sharing agreements with the neighboring jurisdiction of Oakland to help fund estuary crossing enhancements for bicyclists and pedestrians. Staff An Sis Since the estuary crossing impacts both Alameda and Oakland, staff agrees that sharing the responsibility to provide funding for these enhancements would be equitable. Proposed Plan Modification Staff recommends modifying the proposed Plan by adding the following language; To the degree possible, the city should seek to share the cost of this project with other stakeholder jurisdictions and agencies, such as the city of Oakland and Caltrans. 3. Bayview Shoreline Bicycle Path: The proposed Plan should be amended to elevate the Bayview Shoreline Bicycle Path (project M2) to a high priority project. Staff Anal „psis The Bayview Shoreline Bicycle Path was identified as a medium priority project through the project prioritization process because of the project cost (estimated to be $000,000) and the lack of destinations immediately adjacent to the south side of the facility. Given the support for this facility by the Planning Board, BikeAlameda, and the Ba y Trail Project, the project could be phased so that the feasibility study for the bicycle path could move forward. Proposed Plan Modification Staff recommends modifying the proposed Plan to include the Bayview Shoreline Bicycle Path as a multi- phased project as follows: Phase I would be completion of a feasibility study and would be elevated to a high priority project. This would provide the opportunity to identify and address any Honorable Mayor and November 16, 2010 Members of the City Council Page 5 of 7 environmental and community issues associated with this project. The cost of the feasibility study is estimated at $100,000. Phase 11 would be the construction phase of the project and would remain a medium priority. As with the proposed bikeway on Blanding Avenue described above, staff recommends that the funds to complete this study be provided by reducing the funding allocated for the first phase of the Cross Alameda Trail. The reallocation of $100,000 should not significantly impact the City's ability to pursue funding for the Cross Alameda Trail. 4. Bicycle Parking Placement: The proposed Plan should be amended to indicate that additional bicycle parking should be installed in Alameda, and staff should consult with community groups such as BikeAlameda regarding placement of these facilities. Staff Analysis As currently written, the proposed Plan includes a recommendation to install additional bicycle parking facilities. In terms of rack design and placement, staff is currently developing Bicycle Facility Guidelines as a companion document to support the implementation of the proposed Plan. Proposed Plan Modification Staff recommends modifying the proposed Plan by adding the following language. Priority locations would be determined based on the existing availability of bicycle parking and the estimated need for additional facilities, based on observations, proximity to key destinations, and input from community groups, businesses, and property owners. 5. Allocate Gas Tax /street Funds to Bicycle Improvements: The proposed Plan should encourage that more funding for bicycle improvements be allocated from the gas tax or other local street and roads improvement funds through the Capital Improvement Program (CIP) process. Staff An sis The City receives approximately $2.5 million in funds for the maintenance of streets infrastructure; including pavement, curbs, gutters, sidewalks, bicycle facilities, traffic signals, street lights, etc. Currently, there are insufficient funds to adequately maintain these facilities, and the General Fund provides $500,000 toward the on -going maintenance of the infrastructure. Even with this General Fund subsidy, staff estimates that there is a $0.5 million annual deficit for street infrastructure maintenance. Reallocating gas tax or other street related funds specifically to bicycle projects will significantly impact the preventative maintenance of the street infrastructure or require Honorable Mayor and November 16, 2010 Members of the City Council Page 6 of 7 additional allocations from the city's General Fund and, therefore, is not supported by staff The proposed Plan currently earmarks 50% of all Measure B Pedestrian and Bicycle funds and Transportation Development Act Article 3 funds to future bicycle projects. In addition, Public Marks staff has been successful in receiving grant funds for bicycle projects and will continue to aggressively pursue grant funds to supplement these funds. It should also be noted that street improvement projects, such as resurfacing, benefit all transportation modes that utilize city streets (transit, pedestrians, bicycles, and motor vehicles), so a reallocation of funds to bicycle -only projects would come at the expense of multimodal benefits. Pro osed Plan Modification Staff recommends no changes to the funding recommendations presented in the proposed Plan. Other Proposed Modifications Based on input from the public and further staff refinement of the proposed Plan, clarifying statements are also proposed as part of the adoption of the proposed Plan. This includes corresponding modifications to the bicycle facilities map (see Exhibit 5). These changes do not substantively change the proposed Plan recommendations, and are included in the resolution being considered by the City Council. Conclusions In conclusion, the proposed Plan is consistent with the policies and intent of the General Plan, including the overall Transportation Element's objective to emphasis alternative transportation modes. The proposed Plan also reflects the community's goals and priorities for bicycling in Alameda, based on input received throughout the development of the proposed Plan. The specific findings for approval, as well as proposed changes to the proposed Plan based on Planning Board and community input, are included in the recommended resolution. Staff recommends that the City Council approve the IVIND and the proposed Plan, including the recommended changes presented in this report. FINANCIAL IMPACT The proposed Plan consists only of recommendations, and does not commit the City to spend resources at this time. Plan implementation will be undertaken as part of the City's budget and CI P process. The projects and programs included in the proposed Plan are based on an assessment of revenues that are expected to be available over the next ten years. Adoption of the IVIND and the proposed Plan will not affect the General Fund. Honorable Mayor and November 1 6, 201 o Members of the City Council Page 7 of 7 MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE The proposed Plan supports a number of City policies from the General Plan's Transportation Element and the Local Action Flan for Climate Protection. Both documents emphasize the need to develop a multirnodal transportation system, of which bicycling is one component. ENVIRONMENTAL REVI The proposal to adopt the proposed Plan is subject to the California Environmental Quality Act (CEQA). In accordance with CEQA guidelines, an Initial Study /MND was prepared to evaluate the potential environmental impacts of the project, and was circulated from September 3, 2010 through September 27, 2010. As a planning level document, the adoption of the proposed Plan by itself is not anticipated. to have significant environmental impacts, as described in the Initial Study /MND. When individual projects are advanced in the implementation process, a more detailed, project specific analysis will be conducted to determine if there are any significant environmental impacts requiring mitigation. More generally, the proposed Plan is anticipated to reduce the number of motor vehicle trips, and should therefore have environmental benefits, such as improvements to air quality. Based on the results of the Initial Study, and the determination that any significant impacts could be rendered less than significant with the inclusion of appropriate mitigations, staff recommends that a MND be approved for the project. A detailed analysis of projects included in the proposed Plan will be undertaken at the time of project implementation. RECOMMENDATION Adopt a resolution approving the Mitigated Negative Declaration and the Plan. Respectfully submitted, atthew T. Nacle� Public Works Dire��or Approved as to funds and account, Fred Marsh Controller Exhibits: 1. Bicycle Master Plan Initial Study /Mitigated Negative Declaration 2. Planning Board Resolution recommending approval of the Declaration and adoption of the Bicycle Master Plan 3. Bicycle Master Plan Executive Summary 4. Bicycle Facilities Map 5. Bicycle Master Plan (on file in the City Clerk's office) Mitigated Negative i r r CITY OF ALAI''r1lEDA RESOLUTION NO. APPROVING THE MITIGATED NEGATIVE DECLARATION AND THE BICYCLE MASTER PLAN 0 Am WHEREAS, the Bicycle Master Plan (Plan) includes policies, programs, and projects to guide the future planning and implementation of Alameda's bicycling infrastructure, in support of the General Plan Transportation Element; and WHEREAS, the Plan was originally adopted in 1999, and the proposed Plan is necessary to improve bicycle facilities throughout the city in a manner that is consistent with current Alameda .nee.ds and priorities; and WHEREAS, the enhancement of Alameda's.bicycle facil..ities network will offer City residents, commuters, and .visitors .an additional mobility option and will reduce traffic congestion; and WHEREAS, the city's Local Action Plan for Climate Protection calls for measures to encourage bicycling to reduce. Alameda's greenhouse gas emissions; and WHEREAS, the draft of the proposed Plan was presented to the Transportation Commission, Economic Development Commission, Alameda Youth Advisory Commission, and Recreation and Parks Commission for their input; and WHEREAS, public outreach for this project included a workshop, survey, a broad -based .email list, and a web site; and WHEREAS, adoption of the Bicycle Master Plan establishes eligibility for Bicycle Transportation Account funding for the five subsequent fiscal years, in accordance with Caltrans guidelines; and WHEREAS, on September 3, 2010, the City of Alameda circulated for public review an Initial Study /Mitigated Negative Declaration for the proposed Plan Update; and WHEREAS, the Initial Study /Mitigated Negative Declaration was circulated for a 21 -day review period, and WHEREAS, staff received public comment on the draft Plan and has recommended modifications to be incorporated into the final Plan; and Resolution #6- C 11 -16 -10 WHEREAS, the Planning Board held a public hearing on the draft Plan and the Litigated Negative Declaration on September 27, 2010, examined pertinent maps and documents, considered the testimony, and written comments received; and WHEREAS, the Planning Board has made the following findings: 1. The mitigated Negative Declaration has been presented to and independently reviewed and considered by the Planning Board, and 2. The Mitigated Negative Declaration reflects the independent judgment and analysis of the city of Alameda, and 3. The Mitigated Negative Declaration has ..been completed in compliance with the California Environmental Quality Act, and all applicable state and local guidelines, and WHEREAS, on October 11, 2010, the Planning Board recommended that the city council approve a Mitigated Negative Declaration regarding the environmental impacts related to this project; and WHEREAS, on October 11, 2010, the Planning Board recommended that the city Council adopt the Plan, with the incorporation of the following comments: 1. The Plan should be amended to elevate the Bayview Shoreline Bicycle Path (project M2) to a high priority project; and 2. The Plan should be amended to encourage cost sharing agreements with the neighboring jurisdiction of Oakland to.help. fund. estuary crossings enhancements for bicyclists and pedestrians, and 3. The Plan should be amended to recommend further evaluation of multimodal solutions to enhance access to the Park Street and Fruitvale [Miller- Sweeney] Bridges, including access via Tilden Way and consideration of h to Oakland. The City should continue to work with Oakland to enhance bicycle access at these locations.. and 4. The Plan should be amended to indicate that additional bicycle parking should be installed in Alameda., and staff should consult with community groups such as BikeAlarneda regarding placement of these facilities; and 5. The Plan should encourage that more funding for. bicycle improvements be allocated from Gas Tax or other local street and roads improvement funds through the CIP program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Alameda approves the Mitigated Negative Declaration and .the Plan with the amendments described below: Change Page 2, paragraph 4, to read: ``Projects were .evaluated and scored based on a number of criteria, such as connectivity, potential demand, and future operations and maintenance costs. The recommended projects and programs a.re listed below. Dote that definitions for Class 1, Class -11, and Class .111.are provided on Page 47." Change the list of high. priority projects on Pages. 2 -3 and pages 7.8 -79 to read as follows: 1 The estimated cost of.the.. Cross Alameda Trail will be $1,422,000; 2} The Ba.yv.iew. Shoreline Bicycle. Path feasibility study will be added to the list of high priority projects, with an estimated cost of $100,000.and 3) The Blanding Avenue. bikeway, including a bicycle lane from Park street to Broadway and a, bicycle route from Oak Street to Park Street, will be. added to. the list .of high priority. projects, with an estimated cost of $10 Change the notes following the list.of high priority projects on Pages 2 -3 and Pages 7879, to read Railroad track removal required. prior to..implernentation. Estimated cost does. not include cost .of removing railroad tracks. It is assured that the. tracks mould .be removed. as part of reconstructing the. street. Interim .project. For long -term proposal. see project N1. Class 11 to be i mplemented .on these .segn.ents only if it is determined that removal of o.n street parking or reductions in. traffic capacity would. be acceptable. Otherwise, they would be implemented as Class III facilities. On Page 71, modify the last sentence in paragraph 1 to read: "In addition, the. City should continue to :work with the City of.. Oakland, Alameda County, and the Array Corps of Engineers to develop.. short and long .terra solutions. for improved bicycle access in the Fruitvae Bridge corridor, and with the City. of .Oakland. and Alameda County to enhance access in the Park Street Bridge corridor." In Chapter Vi l 1, the estimated 85t percentile speeds for streets with proposed bikeways will be deleted from all project descriptions. On Page 84, add project D14, the oak Street to Alameda Towne Centre connection, described as "oak Street to Otis Drive and the intersection of Park street at Otis Drive," and associated with the Alameda Towne Centre development. on Page 87, insert the following immediately following the heading "High Priority Projects": The Bicycle Master Plan high priority projects are described below. For three of the identified high priority bicycle lane projects Central Avenue (H6), Oak Street (H7), and Lincoln Avenue (H8) impediments have been identified that may render the projects infeasible. Due to the strong public support for these projects, the City is committed to working to remove these impediments and implementing these projects as proposed. However, if all concerns cannot be addressed, these projects will instead be implemented as bicycle routes. On Page 88, the cost of the Cross Alameda Trail (Project H2) will be $1.422 million. On Pages 88 -89, under Project H3: o The proposed facility type will be: "class 11 (subsequent to railroad track removal o At the end of the project description, insert the following sentence: "The railroad tracks embedded in the street should be removed prior to the implementation of a bicycle facility in this corridor." On Page 90, Project H5, the proposed facility type will be: "Class II (if traffic capacity needs can be accommodated) otherwise Class 111. On Page 91, Project H?, the proposed facility type will be: "Class 11 (if on- street parking can be removed) otherwise Class III." On Page 96, the Bayview Shoreline Bicycle Path feasibility study (Project H16) will be listed with the following project description: This Bay Trail segment would eliminate the gap between the shoreline bicycle path at Robert Crown Memorial State Beach and the Bay Farm Island Bicycle Bridge. Currently bicyclists need to use the on- street bicycle route on Bayview Drive, which requires riders to navigate the intersections of Bayview Drive at Broadway and at Otis Drive. Both locations require bicyclists to transition between riding in the street and an off street bicycle path. Currently the bicycle path along the Bayview shoreline is unpaged and open to the public; any upgrade .of the bicycle path would require careful evaluation of design .elernents, such as width, materials. to be used for the bicycle path, and appropriate. buffering between the bicycle path and the adjacent neighborhood." On Page 96, the Blanding Avenue bikeway (Project H17) will be included as a high priority project with the following: o Proposed facility type: Class II (subsequent to railroad track removal) otherwise Class III o Project description: This project proposes to implement a bicycle. lane on Blanding Avenue.. from Park street to Tilden. Way and. a bicycle route between Oak .street and Park Street. These facilities .would. connect to existing and propdsed bikeways on oak Street, Broadway, and Fernside Boulevard, and enhance access to the Miller-Sweeney and Pa r.k street bridges. The. implementation of bicycle. facilities on Blanding .Avenue is .recommended. only after the. removal of railroad tracks currently embedded in the street: (in accordance with Surface Transportation.. Board requirements) The. cost of the. track. removal has been estimated at. approximately $375,00.0; the. track reroval is anticipated to be completed as.part of the reconstruction of the street, so the resources are not .allocated from bicycle plan funding. On Pages 06-97, the description of the Bicycle Parking Enhancement Program will read as follows: To help. determine locations where there is demand for bicycle parking, Public Works should reserve funding each year for the purpose of purchasing and installing bicycle parking. Priority locations would be determined based on the. existing availability of .b.icycle parking and the estimated need for ad.d.itional facilities, based. on observations, proximity to key destinations, and input from community groups,. businesses, and property owners. For. locations not identified as a priority, Public Works could partner with adjacent property owners or. :.business. owners. For example, if a business would be willing to purchase a bicycle rack, the City could cover the installation costs. On Page 101, the description of Bayview shoreline Bicycle Path construction (Project M2) will be changed as follows: "see description for project H 16 (Page 96) On Page 104, under West End Water shuttle (Project N4), add the following sentence at the end of the project description: "To the degree possible, the city should seek to share the cost of this project with other stakeholder jurisdictions and agencies, such as the city of Oakland and Caltrans." On Page 105, under the Fruitvale railroad Bridge /Miller- Sweeney Bridge Corridor Improvements description (Project N5), add the following at the end of the project description: To facilitate the implementation of improvements in this corridor, the cities of Alameda and Oakland will need to closely collaborate to explore options. on .the bridge as well as access routes to the bridge on both sides of the estuary. In addition, to the degree possible, the city should seek to share the cost of this project with other stakeholder jurisdictions and agencies, such. as the .city of Oakland, Alameda county, and the Army Corps of Engineers. Change the third sentence on Pages 105 -106,. under the Park Street Bridge Improvements description (Project IN8), to read: The Plan recommends that the City continue to work with the city of Oakland and Alameda County to explore opportunities to enhance m.ul.timodaI access, including bicycle access, in the bridge corridor as. well as on. the bridge structure itself as part of any future construction projects. On Pages 106 -107, add the following at the end of both the Park street and Nigh street Bridge Improvements (Projects N8 and N9): To facilitate the implementation of improvements in this corridor, the cities of Alarneda and Oakland will need to closely collaborate to explore options on the. bridge as. well as access routes to the bridge on both sides of the estuary. In addition, to the degree possible, the city should seek to share the cost of this project with other stakeholder jurisdictions and agencies, such as the City of Oakland and Alameda County." On Page 107, add Project D14, "Oak street to Alameda Towne centre connection.," described as "oak street to Otis Drive and connection to Alameda Towne Centre," facility type to be determined, and a project length of 150 -500 feet. On Page 141, insert Projects H16 and H17 as high priority projects. 0 On Page 140, insert Project D14 as a development- related project. The City of Alameda Proposed Bikeway Network (Figure 9) will be amended in accordance with the changes .described above. Throughout the text of the Plan, the document will be referred to as the "Bicycle Master. Plan," not as the "Bicycle Master Plan Update." 1, the undersigned, hereby certify that .the foregoing Resolution was duly and regularly adopted and passed by the council of the..Ciy of Alameda in regular meeting assembled on the 16th day of November 2010, by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: N WITNESS, WHEREOF, I have hereunto set nay hand and affixed the official seal of said City this 17 th day of November 2010. Lara Weisiger, city clerk City of Alameda fl.'ANTY OF D Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: November 16, 2010 Re: Introduce an Ordinance Amending Municipal Code Section 30 -4.9a (Community Commercial Zone) to Amend the Lists of Permitted and Conditionally Permitted Uses BACKGROUND The Community Commercial zone (CC District) regulations in the Alameda Municipal Code (AMC) apply to the Park Street commercial corridor from San Jose Avenue to Tilden Avenue and to the Webster Street commercial corridor from central Avenue to Atlantic Avenue. The AMC regulations identify which uses are permitted and which uses are conditionally permitted in the CC District. The Park Street Business .Association (PSBA), the hest Alameda Business Association (WABA), and City staff have identified a number of recommended zoning amendments to the CC District regulations that are designed to support and maintain economical[ diverse, pedestrian oriented, main street retail and service areas with residential and supporting uses above the ground floor. Each of the changes is designed to: 1. Minimize the time and expense related to approval of appropriate uses within the CC District, and 2. Ensure adequate discretionary review for uses that require special attention, including uses that are not arrays appropriate, or that may need to be conditioned to ensure compatibility with adjacent uses. On Au 9, 2010, the Plannin Board unanimousl approved the recommende# amendril,eits. DISCUSSION All of the recommended changes relate to the regulation of uses within the CC District. Therefore, all of the proposed changes occur in Section 30-4.9A b. Uses Permitted and Section 30-4.9.c. Uses Requiring Use Permits. Section 30-4.9A b. (Uses Permitted) identifies a list of uses that are permitted "by right." A permitted use is not required to obtain a use permit or other form of discretionary City Council Agenda hero #6 11-16-10 Honorable Mayor and November 16, 2010 Members of the city council Page 2 of 5 permit to operate. Proposed changes to a building may require building permits and/or design review, but the use only requires a business license. A business license for a permitted use can usually be obtained within a matter of hours from the Finance Department. In some cases, a massage technician license may be required from the Alameda Police Department. Section 30 -4.9. c. (Uses Requiring Use Permits) identifies a list of uses that may be alloyed if a use permit is approved. A use permit requires public notice and a p ublic hearing either in front of the Planning Board, or for minor or non controversial uses, in front of the Zoning Administrator. The use permit process provides the .opportunity for the city to either approve the use, approve the use with certain conditions, or deny the use if it is found that the location or nature of the particular proposed use is. not appropriate or compatible with the adjacent uses. Applying for a use permit entails additional time and expense for the applicant. A Use Permit process requires at least 20 days time and at least $1,600 in application fees. If and only if the use permit is approved, then the applicant may acquire a business license to operate the business. If a use is not listed under section 30- 4.9,x. b (Use Permitted) or Section 30.4.9 b (Uses requiring Use Permits), the use is prohibited in the CC District, unless the Planning Director finds that the use is similar to a use on either list and is consistent with the purpose of the cc District. The zoning for the cc District also includes a list of prohibited uses, which can never be found to be similar to another use. one of the specific prohibitions is a prohibition on =tattoo shops." The proposed changes to the ordinance are shorn in strikeout/ underline format in the draft ordinance. The rationale for each change is described below. Hairstyling and Beauty salons Under CC District zoning regulations, the following is permitted: "(bb) Hairstyling, including related accessory rises, such as manicures, pedicures, make up, facials, waxing, electrolysis, and tanning. Piercing, tattoo, and massage allowed when accessory to the primary use of hairstyling provided no more than two (2/) percent of the floor area is devoted to the accessor uses. 3! The following is conditionally permitted: (q) Day spa, including massage as an accessory use, "Day Spa" is defined in Section 30 -2 as: "Day Spa shall mean a facility which specializes in the fall complement of body care including, but not limited to, body wraps, facials, pedicures, rake up, hairstyling, nutrition, exercise, water treatments and massage, which is open primarily during normal daytime business boars and without provisions for ovemight accommodations. Honorable Mayor and November 16, 2010 Members of the city council Page 3 of 5 These definitions and requirements have raised concerns for 'BABA and problems for City staff and applicants. A typical Beauty salon application offers a combination of hairstyling, pedicures, manicures, foot and hand massage, and other related services. In some cases, the proposal includes several of these activities and, in other cases, only a fear or just one of these services. lender the current CC District definitions and regulations, staff is required to make a determination as to whether the application is permitted (i.e., "Hairstyling) or conditionally permitted i.e., Day spa). Given that the definitions of the two uses are so similar, the decision as to whether to permit the use or require a conditional use permit is often determined by whether the area devoted to massage is more or less than 2 percent of the floor area on the plans submitted or by the description of the use on the business license application. Given the significant overlap between the definitions, the final staff determination as to whether a particular business is a Hairstyling use or a Day spa use can often appear arbitrary to the applicants, or in rare instances, an applicant may get different determinations from different staff people. ABA is concerned by the large number, and in some cases, over concentration of small nail salons that have been opening on Webster street and that these small salons are leasing up spaces that could be better used by other retail services and uses. These nail salons have been treated by the Community Development Department as a use that is "similar to" the permitted Hairstyling use. Therefore, they have been permitted by right. WABA would prefer that these uses be conditionally permitted, which would give the city and the West Alameda community additional discretion over each new application for a nail salon. To improve implementation of the zoning provisions and respond to concerns by WABA and the West Alameda community, staff is recommending that: I The distinction between Hairstyling and Day spa be eliminated and a single definition be established to define these uses that reads as follows: HairstOing ancl ea Salons including but not limited to bodv came services such as manicures p edicures, rake u fa cials, waxing eleclrrolvsis. lannina. P iercinq, tattoo and massage allowed when accessory to the Pair ary use of hairstyling rovided no more than two Q%) P of the floor area is devoted to the accessoa uses. 2. The Day spa category be deleted from the list of conditionally permitted uses. 3. Hairstyling and Beauty Salon uses be permitted on Park street; and 4. Hairstyling and Beauty salon uses be conditionally permitted on Webster street. Honorable Mayor and Members of the City Council Tattoo Parlors Rovember 0 Pa 4 of 5 Tattoo Parlors are currently prohibited in the ACC District, unless the tattooing service represents less than 2% of the floor area of a hairstyling establishment. Public attitudes about tattoos have changed. Both PSBR and WBA agree that Tattoo Parlors can be a positive contribution to the mix of retail and service establishments on a successful pedestrian- oriented commercial street. PSBR would like tattoo parlors to be permitted by right on the second floor of buildings, but prohibited in ground floor spaces. WBA agrees that tattoo parlors should be permitted in second floor spaces, but also conditionally permitted on the ground floor. Yoga Studios Yoga studios can also contribute to the vitality of a commercial district. Currently, the CC District requires a Conditional Use Permit for "Martial Arts, dance, jazzercise and similar uses." In the past, staff" has determined that since yoga studios are not specifically identified as a permitted or conditionally permitted use, they should be treated as a conditionally permitted use that is "similar" to martial arts, dance or jazzercise studios. Under the proposed amendments, yoga studios would be permitted by right on the second floor, but a conditional use permit would be required to occupy a ground floor space. Bars Currently bars are conditionally permitted on Parr street, and prohibited on Webster Street. Per WABA's request, bars would now be conditionally permitted on Webster Street under the revised ordinance. FINANCIAL IMPACT The proposed changes to the AMC will have no financial impact on the General Fund. MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE The proposed changes are consistent with General Plan policies promoting vital, pedestrian oriented commercial uses within the Webster Street and Park Street commercial districts. ENVIRONMENTAL REVIEW The project is Categorically Exempt from additional environmental review pursuant to CEQA Guidelines Section 15305 Minor Alterations to Land Use Limitations. Honorable Ma and Members of the Cit Council NOW November 16, 2010 Pa 5 of 5 Introduce an ordinance amendin Municipal Code Section 30-4-9a (Communit Commercial Zone to amend the lists of Permitted and Conditionall Permitted Uses. Plannin Services Manager CITY OF ALAMEDA ORDINANCE No. New Series F w W AMENDING THE ALAMEDA .MUNICIPAL. CODE BY AMENDING SUB- SECTION 30 -4.9A (C -C, COMMUNITY COMMERCIAL BONE OF SECTION .3a -4 (DISTRICT.US.ES AND REGULATIONS) OF CHAPTER XXX (DEVELOPMENT REGULATIONS ARTICLE I. ZONING q DISTRICTS AND REGULATIONS) BE IT ORDAINED b h y t he Council of the City of Alameda: In enacting this Section, the City Council.finds follows: 1. The amendments maintain.. the integrity of. the. General Plan. The proposed 4oning text amendments ..are necessary to ensure that appropriate. uses can be permitted or conditionally .permitted within the main street commercial areas. of Alameda The proposed amendments support the vital mixed. use, pedestrian oriented shopping districts that are envisioned in the General Plan. 2. The amendments will support the .general welfare of. the community. The proposed zoning text amendment will not negatively affect the general welfare of the community. The amendrnnts provide equal opportunities for different types of uses in both the .Webster Street and Park Street shopping districts. 3. The arnendrnents are equitable. The proposed zoning amendment Js equitabie..in that it. provides comparable 1ists of. uses and development standards .fo.r bath the Webster Street end ..Park Street shopping districts. Section 1 Section 30 subsection b. Uses Permitted of the Alameda Municipal Code.is. amended to read as follows: b. Uses Permitted. 1. The _fallowing retail sales and services are permitted in the. C -C District: (a) Antiques and _collectibles, (b) Appliances; large and small, (c) Art gallery, (d) Arts and crafts supplies, (e) Arts and crafts store, (f) Bakery, including use of the commercial kitchen for catering as an accessory use, (g) Bank, saving and loan, including ATM facilities but excluding drive- through facilities, Page 1 of 7 Introduction of Ordinance #6 -D 11 -16 -1a (h) Bicycle store, (i) Blueprint shop, (j) Books, periodicals, and comics, including reading rooms, (k) Camera store, (I) Candy store, (m) Clock or watch store, (n) Clothing store, new inventory only, (o) Coffee house, including retail, (p) Coin store, (q) Computer store, (r) Delicatessen, (s) Department store (t) Drug store and pharmacy, including fountain and food service, (u) Dwelling units -when the ..units are located in structures also containing nonresidential uses and are not located on the ground floor, (v) Electronic items, retail only, (w) Fabric and notions, (x) Florist, (y) Frame shop, (z) Furniture store, new inventory only, (aa) Grocery store, (bb) Hairstyling and Beauty Salons, including but not limited to body care services such as manicures, pedicures, make up, facials, waxing, electrolysis, tanning within the Park Street CC District only. u�;r IZI If ��g- ��e�- tES�es- �t�r�s c��es -p ie-s e- T'�;�, ��Rg- °'�e#�el�s+�, a- p�Qia��: Piercing, tattoo and massage allowed when accessory to the primary use of hairstyling provided no more than two (2 percent of the floor area is devoted to the accessory use, (cc) Hardware store, (dd) Home furnishings, (ee) Ice cream store, (ff) Jewelry or beads store, including piercing as an accessory use provided no more than two (2 percent of the floor area is devoted to the accessory use, (gg) Laundry and cleaning establishments, including pressing, spotting, garment repair and alterations and self- operated facilities when accessory to the primary use, (h h) Lighting fixtures, (ii) Luggage store, 0j) Medical supplies store, (kk) Music store, including the sale of recorded music, sheet music and instruments, (II) Newspaper offices, (mm) Office uses (medical and professional) not associated with permitted retail sales use of the site, provided that for any building which is on a Page 2 of 7 site adjoining a public street, public alley or public sidewalk, fifty (50 percent in depth of the ground floor space directly behind that building frontage closest to the public street, public. alley or public sidewalk .shall be reserved for retail sales and/or service .uses permitted in the district, (nn) Paint and wallpaper store, (oo) Pet supplies, pet grooming, or pet sales providing a finding is. made. by the Planning Director that sufficient air conditioning and soundproofing will be provided to effectively confine odors and noise so.. as not to interfere with the public health, safety and vvelfare adjoining properties. No outside pens or runs shall be permitted. Pei boarding allowed .as an accessory use, (pp) Photography store, including photo developing and studio, (qq) Plumbing and. electrical. supply or fixture store; provided more than fifty (50°/x) percent of the flo.or.space is devoted to retail sales, (rr) Political campaign offices,. not to exceed. six (6). months total time nor eight (3) months.if the campaign is both primary and.election, (ss) Printing establishment, (tt) Repair shop. for. shoes, radios /televisions, small. domestic. appliances, watches and jewelry and.similar -auto related items, (u u) Restaurant, coffee shop, snack bar, lunch counter, including catering as an accessory use but excluding drive through service, (vv) S h oe. sto r.e, (ww) sporting goods store, golf shop and similar sports.supplies store, (xx) Stationery and card store, (yy) Tailor ..and dressmaking, haberdashery, millinery excluding wholesale manufacturing, (zz) Tattoo. Parlors located above the ground floor (aaa) Toy store, (bbb) Travel agency, (ccc video. store, including retail and .rental. (ddd) Yoga Studios. located above .the g round floor. 2. other uses. which the Planning Director.fi similar to the .above list and consistent with. the purpose of the CC Zoning :District, provided the following uses. are expressly. prohibited: check cashing business, gun and firearms sales when more than five (5 )percent af.the floor area is devoted to this .use,. massage establishments excep massage is -allowed as .a Mottle occupation and :accesso.ry to health care. uses. and hairstyling, earn shop, J w I re tobacco and tobacco products stores except the sale. of tobacco and tobacco products iS allowed as accessory to other. permitted or conditionally permitted. uses. in the c -c. District.. The determination of similar use.by the. Planning Director shall he included on the agenda for the next available Planning Board meeting and confirmed by the Planning Board. Determinations of s use are also subject to appeal pursuant to section 30 -25. Page 3 of 7 Section 2 Section 30-4.9A subsection c. Uses Requiring Use Pemits of the Alameda Municipal code is hereby amended to read as follows: C. Uses Requiring Use Permits. 1. The following retail sales and services require ,approval of a use permit in the C -C District by the Planning Board as regulated by subsection 30- 21.3. In addition to the findings included in subsection 30 -21.3 approval of a use permit is subject to finding the use consistent with the policies of the General Plan and the purpose of the CC Zoning District. (a) Any use in this district that does business between the hours of 10:00 p.m. and 7:00 a.m., (b) Any permitted or conditional use which is not conducted within an enclosed structure, (c) Athletic club and health facilities, including massage as an accessory use, (d) Auditoriums, (e) Automobile detail shop. In the Park Street C -C District this use shall not front on nor have access to Park Street. In the Webster. Street C -C District this use shall not front on nor have access to 1Nebster Street and shall be further limited to the area north of the centerline. of Pacific Avenue and the area at the southwest corner. of Webster Street and Pacific Avenue bounded by lines eighty -five (85) feet south of the Pacific Avenue right -of -way and one hundred .eighteen (118') feet west of the Webster Street right -of -way, (f) Automobile parts store, wholesale and retail, (g) Automobile rental, subject to the location restrictions specified in subsection 30 -4.9.A c.1.(e), (h) Automobile repair shop; subject to the location restrictions specified in subsection 30 -4.9A c.1.(e), (i) Automobile showroom /sales, provided it is within a completely enclosed building and excluding businesses with sales devoted primarily to use vehicles, (j) Bars, (k) Beauty college, (1) Bed -and .breakfast facility, upon compliance with standards set forth in the definition.for bed and breakfast it Section 30 -2, (m) Business. college; (n) Catering business, (o) Commercial _parking lot or structure, (p) Convenience store, (r) Drive- through .restaurant and other drive through establishments, but excluding drive -in movie theater subject to the location restrictions specified in subsection 30 -4.9A c.1.(e), (s) Dwelling units, provided they are located on the second or third floor only when the units do not comply with the off- street parking requirements, Page 4 of 7 fit} Gasoline service stations, exclusive of body, chassis and painting work, provided that all operations except the service with gasoline, oil, air and water shall be conducted within a building. See also yard requirements for gasoline stations, paragraph (g) of this subsection and driveway requirements subsection 30- -5.7i, (u) Gun and firearms sales when accessory to a sporting goods store provided the gun and firearms sales are limited to no more than five (5 percent of the retail area, {v} Hairstyling and Beautv Salons including but not limited to bod care services such as manicures pedicures, make up facials waxin electrolysis tanning within the Webster Street C -C District oral (w) Hotel and motel, provided floor area devoted to a retail service use allowed within this district is included on the ground floor, (w) Liquor store, (x) Lodge hall and social club, [Martial arts, dance, jazzercise and similar uses, (z) Medical facility, (aa) /Music studios, (bb) office. use (medical and professional) not associated with a permitted or conditional use .in this district and/or to be located on a site adjoining a public street, public alley or public and within. fifty (50 of the depth of the ground floor. space directly behind that building frontage closest to the public street, public alley or public sidewalk, (cc) Plant nursery, (dd) Public park, public and private school, church and religious institution, library, nursery and day care center, playground, fire station and Other public buildings and uses. included.in.the General Plan, (ee) Public arid. private utilities, including above ground and unde facilities primarily for local service such as substations, gas regulators, manned or unmanned communications equipment. buildings,.and similar uses, (ff) Self- operated laundry and cleaning establishments., (gg) Large format retail including conversion of.existing multiple retail tenant spaces to a single tenant space larger than thirty thousand (30,000) square feet (if part of a planned development, no use permit is required). Super stores, as defined .i Section 30 -2, are prohibited, (h h) Small upholstery shops, exclusive of.refinishing and other.furniture repair or manufacturing, (ii) Stores devoting commercial area, gross sales, or inventory, to the sale of second quality, irregular or discontinued merchandise or to the liquidation of merchant's or manufacturer's stock, 0j) Tattoo Parlors located on the ground floor in the Webster Street CC District. (kk) Taverns, (11) Theater, including movie and live, Page 5 of 7 (mm) Those portions of grocery stores devoted to the sale of alcoholic beverages, (nn) Upholstery shop, exclusive of refinishing and other furniture repair or manufacturing, (oo) Used household articles and clothing stores, (pp) veterinary clinic and/or veterinary hospital, provided the Planning Board finds the use has sufficient air conditioning and soundproofing to effectively confine odors and noise so as not to interfere with the public health, safety and welfare. No outside pens or runs shall be permitted. (qq) Yoga Studios located on the ground floor 2. other uses which the Planning Director finds similar to the above list and consistent with the purpose of the CC Zoning District subject to use permit approval by the Planning Board, provided the following uses are expressly prohibited: check cashing business, gun and firearms sales when more than five (5 percent of the floor area is devoted to this use, massage establishments except massage is allowed as. a home occupation and accessory to health care uses and hairstyling, pawn shop, j el.nrr- -store tobacco and tobacco products stores except the sale of tobacco and tobacco products is allowed as. accessory to other. permitted or conditionally permitted uses in .the C -c District. The determination of similar use by the Planning Director shall.be included on the agenda for the next available Planning Board meeting and confirmed by the Planning Board. Determinations of similar use are also subject to appeal pursuant to Section 30 -25. Section 3 Severability clause. It is the declared intent of the city council of Alameda that if any section, subsection, sentence, clause, phrase, or provision of this ordinance is held invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not be so construed as to render invalid or unconstitutional the remaining provision of this ordinance. Section 4 This ordinance and the rules, regulations, provisions, requirements, orders, and matters established and adopted hereby shall take effect and be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage. Section 5 CEQA. The proposed amendments are categorically exempt from CEQA pursuant to CEQA Guidelines Section 15305 Minor Alterations in Land Use Limitations. The proposed amendments amend the review process for Design Review and do not increase the intensity or density of use that would be permitted on property in Alameda. Presiding Officer of the Council Page 6 of 7 Attest: Lara Weisiger, City clerk City of Alameda 1, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by council of the city of Alameda in regular meeting assembled on the day of 2010 by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITN ESS, WH EREOF, I have hereunto set ray hand and affixed the official seal of said city this day of 201 0. Lara llileisiger, city clerk City of Alameda Page 7 of 7 CURRENT APPLICATIONS HISTORIC ADVISORY BOARD TWO VACANCIES (Two full terms expiring 6/30/14, one incu mbent eligible for reappointment) Mclanie Braun. Tom Jasper Judith Lynch, Incumbent Re: Agenda Item #9 -A CURRENT APPLICATIONS HOUSING COMMISSION TWO VACANCIES (Two full terms expirin 06/30/14 Diane Smithem Re: A Item #9-A 11-16-10 CURRENT APPLICATIONS PLANNING BOARD ONE VACANCY (Full term expiring 6/30/14) Karen Bey Melanie Braun Ian Couwenberg Gregg deHaan Dorothy Freeman Mike Henneberry Charlyn Hook Kri sto ffer ISO ster Thuy Nguyen Robert Roblllard Thomas S axby Charles Patrick Wallis Fie: Agenda Item #9 -A CURRENT APPLICATIONS RECREATION AND PARK COMMISSION THREE VACANCIES (Three frill tei expiring 09/30/14, three incumbents eligible for reappointment) Bill Delaney, Incumbent They Ng Lyen Rodrigo orduna Nero Pruitt Joseph. Restagno, Incumbent Louise Schnute Bill S onneman, Incumbent Re: Agenda Item #9 -A 11 -16 -10 CURRENT APPLICATIONS TRANSPORTATION COMMISSION FIVE VACANCIES (Two full terms expiring 6/30/14; two terms expiring 6/30/13,- and one AUSD seat partial term expiring 6/30/12) Brett Allen Deborah James Paul F. Mahler John Talitsch Kirsten Zazo, AUSD Representative Re: Agenda Item ##9 -A 11-16-10 CURRENT APPLICATIONS YOUTH ADVISORY COMMISSION SEVEN VACANCIES (Four frill terms expiring 2012, three partial teams expiring 2011) Cai le Huang Amanda laoo Trent Liu Danielle McGuinness Molly Orbeta Leigh. Pond Re: Agenda Item ##9 -A 11 -16 -10 UNAPPROVED MINUTES OF THE COMMUNITY IMPROVEMENT COMMISSION (CIQ MEETING TUESDAY- OCTOBER 19, 2010- -7:01 P.M. Chair Johnson convened the sleeting at 9:48 p.m. ROLL CALL Present: Commissioners deHaan, Matarrese, and. Mayor Johnson —3. Absent: Commissioners Gilmore and Tans 2. PROCLAMATIONS SPECIAL ORDERS OF THE DAY ANNOUNCMENTs (10- )Presentation on Five -Year Accomplishments of the Community Improvement Commission Redevelopment Program. The Economic Development Director gave a Power Point presentation. Commissioner Matarrese stated that he appreciates the compilation of accomplishments; he looks forward to the next .generation; a good template. has been created to Catalogue and measure each project and its impacts; the presentation is a good lesson on how things should be managed. Commissioner deHaan stated everyone will love to use the template as part ofthe.City's resume; a lot has been accomplished; Commended everyone involved over the .years. NAInJl ITFR (10- Minutes of the Special Joint City Council, Alameda Reuse and .Redev Authority, and CIC Meeting of October 5, 2010; and the Special Joint City Council and CIC Meeting of October 6, 2010. Approved. Vice Mayor deNaan moved approval of the minutes. Commissioner Matarrese seconded the motion, which carried by unanimous voice vote 3. [Absent: Commissioners Gilmore and Tarn 2.] AGENDA ITEMS None. ADJOURNMENT There being no further business, Chair Johnson adjourned the meeting at 10:12 p.m. Special Meeting Community Improvement Commission October 19, 2010 Respectfully submitted, Lara Weisiger, Secretary cic The agenda for this meeting was posted in accordance with the Brown Act. Special Meeting Community Improvement commission 2 October 19, 2010 Alameda Reuse and Redevelopment Authorit Memorandum To: Honorable Chair and Members of the Alameda Reuse and Rede Authorit From: Ann Marie Galla Interim Cit Mana Date.- November 16, 2010 Re: Approve a Waiver of License Fees for Alameda Naval Air Museum 1 1.00 M WW3 ,10111 Alameda Naval Air Museum ANAM a. tenant at.Alam. Point mana a museum and offers special events commemoratin historicall si events. related to former Naval operations. On November 22, 1935, the China. C.lipp er, a four-en fl boat built. for Pan American. Airwa was. used. to.ina u u rate. the first commercial transpacific air service from the Cit of Alameda to.Manila in the Philippin DISCUSSION ANAM is ho an ev .on Novemb Z1, 201O.c the .inau fli of the China flipp ANAM proposes sta .many vinta v ehi.cle.s usin the fenced lot adjacent to. their facilit n 4 1.. T hey a a pproval of a license fee waiver from the ARRA for this. event. A re to .provide insurance and compl with .all re for use of the event space at Alameda Point. FINANCIAL IMPACT The license.. fee for this t of event is $1,000 per da for set-up and tear-down, and $2,000 per da for event da The total amount of the fee waiver is $3,000. RECOMMENDATION Approve a waiver of .license fees. for the Alameda Naval Air Museum. CITY OF ALAMFD Memorandum To: Honorable Mayor and Members of the city council Honorable chair and Members of the community Improvement Commission From: Ann Marie Gallant Interim City Manager /Interim Executive Director Date: November 16, 2010 Re: Authorize the Community Irnprovorr ent .commission .of the City of Alameda to Enter into an Exclusive. Negotiation Agreement. with Warrnington Residential for Redevelopment of the city's corporation Yard.. Located at 1616 Fortmann Way and the city's Animal Shelter ..Located at 1600 Fortmann Way Approve an Exclusive Negotiation. Agreement By and Between the Community Improvement Commission and Warrnington .Residential. for Redevelopment of the city's Corporation Yard .Located at 1616 Fortmann Way and the city's Animal Shelter Located at 1600 Fortmann Way BACKGROUND The city of Alameda recently adopted amendments to the City's Gene ral Plan and Zoning ordinance to encourage. the. redevelopment of underutilized industrial properties in the Northern. Waterfront area in a manner consistent with: community values and priorities.. Th.e .city council adopted the Northern Waterfront General. Plan Amendment (Northern Waterfront GPA) in 2008 and arnendments to the Zoning Ordinance in 2000, which changed the predominant industrial and warehouse land uses designations within the city's Northern waterfront GPA area to a mix of residential, commercial, office, marina and open space.us.es. The. Northern waterfront. GPA area is also located. within the Community Irr provement Commission CIC Business and Waterfront Improvement Project (BWIP) redevelopment area due to its physically and economically blighted properties. In accordance Frith the City's Northern. laterfront.GPA, Zoning. ordinance, and BWIP plan, the city Council .adopted .the Grand Marina Master Plan proposed by Warmington Residential (W.armington), which includes redevelopment of 3.6 acres. of. property along the waterfront. The .11 arrningtor project consists of 40 detached single-family y housing units, including six below market rate. units, 0.43 acres of waterfront park, and .improvements to the public access waterfront path (Grand Marina village Project), The Grand Marina Tillage Project has sold 10 units to date and pulled building permits Agenda Item ##4-A Honorable mayor and November 16, 2010 Members of the City Council Page of 7 Honorable Chair and Members of the Community Improvement Commission for S more units, which are currently under construction. The park space is substantially complete, and the waterfront path will be complete by the end of the year. The City's Corporation Yard located at 1616 Fortmann way and the City's Animal Shelter located at 1690 Fortrnann way (City Sites) are situated adjacent to the Grand Marina Village Project within the Northern waterfront CPA and BWlP areas and are designated as specified Mixed Use in the Northern waterfront GPA and. as Neighborhood Residential Planned Development District in the City's Zoning Ordinance. The Northern Waterfront CPA (General Plan Policy G -M 6) states .that the Grand Marina site, consisting of the Grand Marina Tillage Project area, existing .Animal Shelter, Corporation Yard, and Pennzoil property, should be redeveloped with a mix of new uses, which may include residential and open space, among other uses. The Grand Marina blaster Plan also contemplated redevelopment of the City sites as residential, although it did not include detailed plans or approvals for it. The users of the Alaska Packers building at 2021 Alaska Packers Place, located adjacent to both the City Sites and Grand Marina Village Project, were carefully considered as part of the Grand Marina .Master Plan entitlement process and approvals, which included the. preparation of an area -wid.e parking study and shared parking plan. The Northern waterfront GPA (General Plan policy 10.6 also encourages shared parking strategies to accommodate .a. mix of residential, commercial and maritime .uses and discourages multiple surface .parking lots. The potential re- tenanting of.the Alaska Packers as retail and restaurant uses is highly compatible Frith .the Northern waterfront GPA, which encourages a mix of residential, commercial .and rr aritime uses along the waterfront. Any parking issues that may arise from the. intensifipation of the Alaska Packers building will be resolved within the. context of the .larger Grand Marina area and the Northern Waterfront GPA policies that encourage shared parking strategies. Any formal plans to reuse and re- tenant the Alaska Packers building can be considered as part of redevelopment of the City sites. The City's current fiscal year Public works budget includes $376,000 in CIP funds 91013 and 91026 to study the re location of the City sites, including the identification of new locations more compatible. with these uses, preliminary site. planning and. design and cost estimates. City staff issued a Request for Proposals from consultants for the Corporation Yard and Animal shelter relocation. study this month and expect to recommend approval of a consultant contract for the relocation study to the City Council in early 2011. Staff anticipates that the relocation study will require six to nine months to complete. Honorable Mayor and November 16, 2010 Members of the City council Page 3 of 7 Honorable Chair and Members of the Community Improvement commission A summary of the potential benefits to the city and CIC of the redevelopment of the city Sites includes: Implementing the redevelopment of the city Sites in accordance with the desires of the residents of Alameda, the city's Northern waterfront GPA and the CIO's planning goals and rules; Increasing the potential for new revenues to the CIC's Bwl P area by redeveloping key properties consistent with the CIC's BWI P redevelopment plans; Facilitating the relocation of the city Sites to other more appropriate locations within the city, Acquiring the City Sites from the city by the CIC at fair market value, creating one -time revenues for the City's General Fund; Disposing of city Sites at values which are consistent with and in furtherance of California redevelopment laws and the CIC's BwIP plan; Improving local infrastructure within the BwIP area, such as streets and landscaping, without generating additional maintenance costs to the city; and Creating momentum for the potential redevelopment of other sites within the Grand Marina area, including the Pennzoil property. On September 7, 2010, staff recommended that the city authorize the CIC to enter into an Exclusive Negotiation Agreement (ENA) with warrnington to redevelop the City Sites as housing, comparable to. Warmington's adjacent Grand Marina village Project, in order to further the stated goals and policies of the Northern Waterfront GPA, zoning Ordinance, and BWIP. At this meeting, the City Council and CIC requested staff and Warmington make several revisions to the ENA .and return with a revised ENA to a subsequent city council and CIC meeting for approval. The authorization to enter into a revised ENA with Warrnington for redevelopment of the city Sites is the action before the city council and CIC this evening (Exhibit 1). A summary of the major provisions of the ENA, requested changes to the ENA, and specific sections in the ENA where these changes can be located is provided below. DISCUSSION The proposed ENA provides a roadrnap for negotiations between the CIC and Warmington, which is intended to result in the execution of a Disposition and Development Agreement (DIDA) for the acquisition and development of the city Sites by Honorable Mayor and November 16, 2010 Members of the City Council Page 4 of 7 Honorable Chair and Members of the Community Improvement. Commission Warmington. Prior to the execution of the DDA, the City would have .to approve, by ordinance, sale of the City Sites to the CIC upon an affirmative vote of four members of the City Council. Upon acquisition of the City Sites by the CIC at fair market value, the CIC would then transfer the City sites to Warmington for development according to the terms of the DDA and consistent with the City's and CIC's stated policies, plans and goals. The following summarizes the major terms of the proposed ENA: Project Description. Warmington proposes building 25 -27 market rate and affordable single family detached housing units, as well as public infrastructure and amenities (Project). warmington's proposed conceptual site plan is Exhibit 1 of the ENA (The ENA and its exhibits are attached as Exhibit 1). Subject of Negotiations. The subject of negotiations between. the. CIC and Warmington will include timing and assurances related to. s.ite acquisition and relocation; site investigations; financing commitments; regulatory approvals; and design, construction, and completion of the Project. Term. The Initial term of the ENA is 18 months with. potential for an administrative extension of 90 days at the sole discretion of the Executive Director. Exhibit 2 of the ENA includes an ENA Milestone Schedule. Developer Studies and Investigations. Upon execution of the ENA, Warmington will commence geotechnical and environmental. testing of the city Sites. The results of the testing will .be delivered to the C.IC by..February 22 2011. Depending on the results, Warmington. will make a determination by March 7, 2011, as to whether to proceed with.the entitlement and implementation of the Project. If W armington proceeds with the .Project, they. will make the required good faith and cost recovery deposits (described in. more detail below) and negotiation of the DDA will commence. Because these. studies are of great value to the City and CIC in redeveloping the City Sites, if Warmington elects.not to proceed with the Project and terminates. the ENA, the. CIC will reimburse Warmington within 50 days for. the actual costs. of the geotechnical and environmental testing for a not -to- exceed amount of $100,000.. Gooch Faith Payment. on March 7, 2011, warmngton shall submit to the CIC a good faith payment of $25,000 unless the ENA has been previously terminated by Warmington. The good faith payment is .i.ntended to ensure that Warmington will proceed diligently and in good faith to .Perform their obligations under the ENA and can be used by the CIC to underwrite community events aimed at furthering the City's economic development goals. CIC cost Recovery. On or before March 7, 2011, Warmington will deposit an additional $25,000 to reimburse the CIC for its staff, consultant and legal costs Honorable Mayor and November 10, 2010 Members of the City Council Page 5 of 7 Honorable Chair and Members of the Community Improvement Commission associated with negotiating the DDA and is required to replenish the cost recovery account whenever it falls below $5,00.0, for a total not -to- exceed amount of $50,000. CIC staff is not obligated to perform its. obligations under the ENA until this deposit has been received. As mentioned above, the City Council and CIC requested changes to the 1ENA at the September 7, 2010 meeting. The minutes from the September 7, 2010 meeting describing the requested changes are attached (Exhibit 2). A summary of these changes is provided below: 1. Relocation Process. The ENA should clearly state that the redevelopment planning process for the City Sites be integrated with, and informed by, the concurrent relocation study being conducted for the Corporation 'hard and Animal Shelter [See ENA Section B(2)]. 2. Zoning Rules and Compatibility. The. ENA should_ .indicate -that. the redevelopment process for the City .Sites address .zoning rules and compatibility issues with adjacent existing and proposed uses [See ENA Section B(7)(a)]. 3. Project Labor Agreement. The ENA should consider other benefits to.the City, including negotiation of a potential Project Labor Agreement for the redevelopment of the City Sites [See ENA Sections BOW) and F(1)(f)]. 4. Environmental Assessrments. The ENA should. state that Warrnington's studies and investigations include environmental assessments [See ENA Sections B(3) and 7(a)]. 5. Public clearings. The ENA should clearly indicate that the planning process for redeveloping the City Sites include public. hearings to ensure that the public is kept informed of the disposition and development process [See ENA Section B(0 FINANCIAL IMPACT As described above, the. ENA includes a provision for the. reimbursement of .staff, consultant, and legal costs associated with negotiating the D DA for a total .not -to- exceed amount of and .CIC staff is not obligated to. perform its obligations under the ENA until this deposit. has .been received. (Fu nd 2033 Division 7023). Staff anticipates that $50,000 should be .sufficient to cover CIC staff and .contingent costs for this effort. Additionally, if War mington elects not to ..proceed. with the project and terminates the ENA, the CIC will be required to reimburse Warmington for the studies and investigations they conducted regarding the City Sites for up to $1 00,000. The CIC can use its existing consultant budget to pay for this expense. Honorable Mayor and November 10, 2014 Members of the city council Page 6 of 7 Honorable chair and Members of the Community Improvement Commission MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE The proposed ENA is consistent with the city's Northern waterfront GPA, Zoning Ordinance, and the CIC's BwIP plan. ENVI REVIEW At this time, environmental review is not required as the proposed ENA is a preliminary agreement that is needed in order for parties to gather additional information about the feasibility of the project. This action is exempt from CEQA pursuant section 15202 (feasibility and planning studies), as well as sections 15300 (information collection) and 15061(b )(3) (general rule) of the CEQA Guidelines. CEQA review of an actual Y development proposal will occur once there is sufficient information about the proposed project to allow for meaningful evaluation of the project's environmer tal impacts. If the parties enter into a DDA, such approval will be subject to CEQA. RECOMMENDATION 1) Authorize the Community Improvement Commission of the city of Alameda to enter into an Exclusive Negotiation Agreement with Warming on Residential for redevelopment of the city's corporation Yard located at 1610 Fortmann Wa y and the city's Animal Shelter located at 1590 Fortmann way. 2} Approve an ENA by and between the CIC and Warmington fo.r .redeve.lopment of the City's corporation Yard located at 1010 Fortmann Way and the city's Animal Shelter located at 1590 Fortmann way. Reipeptfully submitted, Jen tt Dep ty Manager Approved as to funds and account, r_7� Fred Marsh Controller Honorable Mayor and November 16, 2010 Members of the City council Page 7 of 7 Honorable Chair and Members of the community Improvement Commission Exhibits: 1) Exclusive Negotiation Agreement by and between the community Improvement Commission of the city of Alameda and Warrr ington Residential for Redevelopment of the City's corporation Yard Located at 1616 Fortmann Way and the city's Animal Shelter Located at 1590 1= ortma Way 2} Minutes from September 7, 2010 Joint city council and CIC Meeting cc: Michael W. McClellan, Warrington Residential EXCLUSIVE NEGOTIATION AGREEMENT THIS EXCLUSIVE NEGOTIATION AGREEMENT (the "Agreement is entered into this 17th day of November, 2010 by and between the COMMUNITY IMPROVEMENT COMMISSION OF THE CITY OF ALA EDA, a public body corporate and politic "Commission and warrnington Residential California, a California corporation. THIS AGREEMENT is entered into on the basis of the following facts, intentions and understandings of the parties A. PURPOSE OF THE AGREEMENT The purpose of this Agreement is to initiate and provide a roadmap for negotiations exclusively between the Commission and the Developer related.to ultimately entering into a Disposition and Development Agreement "DDA. for the acquisition and development of certain City owned property located at 1616 Fortran Way and 1 590 Fortmanin Way (the"Clit Sites This Agreement will also address funding and reimbursement understandings between the parties, including terms and conditions for reimbursement. whereby the Developer .agrees to reimburse the Commission for certain Commission staff and consultant costs and the Commission agrees to reimburse Developer for certain Developer funded studies related to the City Sites in the event Developer elects not to enter into a DDA. 1) Identify the components of the development plan and the public benefits. The components include: a) Site Acquisition and Relocation b) Market Rate Housing c) Affordable Housing d) Public Infrastructure and Amenities e) Phasing fl Jobs for Local Residents and Regional Workers 2) Relocation studies, and ultimately relocation itself, should be integrated into and closely coordinated with the .negotiations of the DDA. The tinting and assurances that the current City uses on the City Sites can be relocated in a timely manner and the timing related to the Commission's acquisition of the City Sites from City; Exhibit I to wc- I43S?D Agenda item ##4 --A 11-16-10 3 The timing, scope, and method for providing site related studies, including environmental assessments, constraints analysis, consideration and financing commitments; 4) The process for ensuring compliance with applicable environmental laws; 5) The tinning and manner the Developer will provide drawings, elevations, and other depictions of the design and construction details for the development; 6} The timing, scope, and method for securing all required regulatory approvals at noticed public hearings before the Planning Board and the Commission; 7} The tinning and method by which the integration of existing and future adjacent uses will be assured, consistent with the City's Northern waterfront General Plan Amendment and the Grand Marina Master Plan; and 8} The timing and method by which completion of the development should be secured. C HISTORY OF ACTIVI'T'IES TO DATE The City Sites are currently used for a corporation yard and an animal shelter. Immediately to the east of the City Sites, Developer is in the process of developing a multi -phase project redeveloping and converting former industrial lands to residential and open space uses in furtherance of the City's Northern waterfront General Plan amendment and the Grand Marina Master Plan (the "Grand Marina Project The City and Commission plain ing documents adopted during 2006 -2007 contemplate the removal of the current uses on the City Sites and the removal of the current industrial uses on the Pennzoil facility located adjacent to and immediately westerly of the City Sites. The Staff Report dated .April 20, 2010 for a Special Joint Session of the Commission, the City Council and the Alameda Reuse and Redevelopment Authority (ARRA) states: "The success of the [Grand Marina] project will strengthen the local economy by generating construction jobs and increasing property values, and is likely to have a positive effect on the viability and tinning of redevelopment of the adjacent Shell /Pennzoil property and Chipman Warehouse site, as well as other properties such as the Del Monte building and Encinal Terminals site." Recently, Developer commenced site work and residential development of the Grand Marina Project and the parties have been working cooperatively to improve this area for the past several years. Both the Commission and Developer desire to continue on the path of facilitating high quality, residential development within redevelopment areas. The Developer is proposing to build both new market rate and affordable housing on the City Sites, as well as public infrastructure and certain amenities (the "Project The parties acknowledge that the Conceptual Site Plan attached hereto in Exhibit I and incorporated by 2 wc- 143820 reference (which identifies approximately 25 -27 single farnily detached homes), has been prepared prior to Developer conducting due diligence of the City Sites and is for illustrative and preliminary discussion purposes only, as further described in Section 8. The Commission and City would realize potential public benefits by entering into this Agreement, and ultimately entering into the DDA for the sale and conversion of the City Sites for residential uses. Economic development and fiscal .benefits would include land sale proceeds, public infrastructure improvements, new tax revenues from placing new and higher value residential units on the tax rolls, utility user taxes, solid waste fees; one -time construction improvement taxes; and real estate transfer taxes from the initial and future sale .of homes. In addition, the conversion of former industrial and municipal uses to residents l and mixed uses proximate to the City's attractive waterfront will accelerate additional economic activit y and create a more sustainable and livable community favorably impacting nearby properties. 1 Commission Interests are to a) Facilitate the orderly redevelopment of the Grand Marina Master Plan in accordance with the desires of the citizens of Alameda, and the Commission's planning goals and rules; b) Increase the potential for new revenues to the Commission's plan areas by redeveloping key properties consistent with the Commission's Redevelopment Plans and the City's Northern waterfront General Plan Amendment; C) Facilitate the relocation of the City Corporation Yard and Animal Shelter to other more appropriate locations within the City; d) Upon acquisition of the City Sites by the Commission, dispose of Commission land at values as part of a DDS. which are consistent with and in furtherance of California's Redevelopment laws and its redevelopment rules; e) Improve local infrastructure within Commission areas, such as streets and landscaping, without generating additional costs to .the Commission or City and f) Conduct labor agreement negotiations with Developer in the context of he overall residual land value of the project, s 2) Developer Interests are to. a) Conduct and fund "up front" preliminary due diligence investigations and studies of environmental and geotechnical constraints of the City Sites ,wc-- 1.3820 during the term of this Agreement to better assist the parties in reducing Project risks, formulating feasible Project tinning benchmarks and structuring the terns of the DDA to address updated site constraint and cost information; b) Establish a successful business plan that is based on and achieves an industry accepted rate of return on the investment for the development and construction of a high quality residential neighborhood; c Provide for the improvement of public infrastructure to enhance the value of the Property for the benefit of the proposed residential neighborhood, waterfront visitors, and the residents of the City of Alameda; d) Achieve certain timing assurances that the City will be able to relocate the current municipal uses on the City Sites and convey the Citv Sites to the Commission within a reasonable timeframe; and e) Initiate its own efforts to negotiate its private party acquisition of the Pennzoil site, as part of its assessment of the viability of a more comprehensive conversion of the current industrial uses proximate. to its rand 'farina Project. THE COMMISSION AND DEVELOPER AGREE as follows: Section 1. Good Fait. Negotiations The Commission and the Developer acknowledge that time is of the essence, agree to the Negotiation Period set forth in Section 2 of this Agreement, and to negotiate diligently and in good faith within that Negotiation Period. Section Z. The Necrotiatin Period (a) Initial Term The initial tens of this Exclusive Negotiation Agreement (the "Initial Negotiation Period shall be eighteen (18) months commencing on the date of full execution of the Agreement. (b) Extensions of the Initial Negotiating Period. If upon expiration of the Initial Negotiation Period, the Developer and the Commission have not executed a DDA. then the Commission's Executive Director nay, at the written request of the .Developer, or at her sole discretion, approve a first administrative extension of the Initial Negotiating Period for a period of ninety (90) days. Such administrative extension may be granted, if and only if, in the sole determination of the Executive Director sufficient progress has been made. Any extension of the Initial Negotiating Period shall be in writing. The Negotiation Period, as it may be extended pursuant to the First Extension, if applicable, is referred to in this Agreement as the "Negotiation Period." (c) Termination. Consistent with Section 14, this Agreement shall automatically terminate upon the expiration of the Negotiation Period, unless the parties 4 we-143820 mutually agree to an additional extension period, the second extension of which must be approved by the Commission. Section 3. Milestone Schedule During the Negotiation Period, Developer and Commission shall negotiate the terms of a DDA and work cooperatively to meet the target dates set forth in the performance milestone schedule ("Milestone Schedule attached hereto in Exhibit 2 and incorporated by reference. The Developer shall complete the due diligence necessary to commence DDA negotiations with the CIC in accordance with the Milestone Schedule, provided the CIC previously approved the ENA and issued site access permits for testing in accordance with the Milestone Schedule. Section 4. Good Faith Payment (a) Parnent Ti on or before March 7, 2010, unless. this Agreement has been previously terminated by Developer, the Developer shall submit to the Commission a good faith payment (the "Good Faith Payment in the amount of Twenty Five Thousand Dollars ($25,000) to ensure that the Developer will proceed diligently and in good faith to perform. all of the Developer's obligations under this Agreement. This Good Faith Payment is in the form of cash, certified or cashier's check. (fib) Uses The Good Faith Payment can be used by the Commission/City to underwrite community events aimed in part at furthering economic development and for which Developer, if it so elects, will receive corporate sponsorship credit, and for other appropriate Commission/City purposes. Section 5. Failure of Developer to Ne otiate in Good Faith In the event the Developer fails to negotiate in good faith, the. Commission shall give written notice thereof to the Developer specifying in reasonable detail the. grounds for the Commission's determination that the Developer has failed to negotiate in good faith.. Following the receipt of such notice, the Developer and the Commission shall have. ten (10) working days y to resume good faith negotiations. If the Developer is not then negotiating in good faith in the determination of the Executive Director, the Commission may terminate this Agreement. In the event of such termination by the Commission, none of the parties shall have any further rights against or liability to the other under this Agreement. Section 6. Failure of Commission. to Ne otiate in Good Faith In the event the Commission falls to negotiate in good .faith, the Developer shall give written notice thereof to the Commission specifying in reasonable detail the grounds for the Developer's determination that the Commission has failed to negotiate in good faith. Following the receipt of such notice, the Commission and the Developer shall have ten (I0) working days to resume good faith negotiations. If the Commission is not then negotiating in good faith, the Developer may terminate this Agreernent. In the event of such termination by the Developer, none of the parties shall have any further rights against or liability to any other party or parties under this Agreement. r we-143820 Section 7. Commission Cost Recove /.eimbursernent (a) Developer-Funding of Studies Investigations. Consistent with the Milestone Schedule, the parties contemplate that Developer shall initially undertake, at its own cost and expense, 1 j preliminary geotechnical and soils studies, inc luding but not limited to an assessment of the bay mud liquefaction feasibility of constructing on the City Sites, and 2 a phase 1 environmental site assessment, and if needed, a phase 2 envirornnental assessment, covering the City Sites "Developer Funded Studies (b) Developer Funding of Staff and Consultant Costs. Consistent with the Milestone Schedule, the parties contemplate that DDA negotiations will substantially occur subsequent to the Developer's completion of its Developer Funded Studies. Accordingly, concurrent with and independent of its payment of the Good Faith Payment d escri be d in Section. 4, but in no event later than March 7, 2010, the Developer shall make an initial dep osit in the amount of twenty five thousand dollars ($25,000) to reimburse the Commission for a limited scope of identified Commission and City staff and consultant costs, .as provided in his Section 7 "Negotiatin Costs Deposit Subject to receipt of notice from Commission, D ev e lop er shall within five (5) working days, replenish the cost recovery account C 'Negot ia ting: C o st s. count" when ever it. falls b elow five thousand. dollars ($5,000), but in no event shall Developer b e obligated to deposit into the Negotiating Costs Account a total sum in excess o f fifty thousand dollars ($50,000) for the reimbursement covered by this Section 7. (e) Scope of Funded Staff and Consultant Services. The .Negotiating Costs Account shall be applied to certain Commission/City staff and consultant services covering-,J meetings with Developer to negotiate the DDA, and 2) .processing of environmental .review or processing in furtherance of the City's consideration of the DDA, or 3) allowable consultant services. Specifically, the Commission/City costs incurred pursuant to this Agreement are limited to actual and reasonable costs of staff salary and benefits for the Deputy City I�Iana er, the Assistant City Attorney and the Planning Services Manager, and do not include other staff officials, including but not limited to the City Attorney or City Manager. The allovwable consultant services shall be limited to the services for special redevelopment counsel and. an economic consultant to assist Commission with the. DDA. Also, Developer's costs of processing b land use entitlements and environmental review are costs are to be funded by Developer outside of this Agreement. Conz.rnission /City staff are under no obligation to perform obligations under this Agreement until Developer has made the Negotiating Costs Deposit. (d) Account Dispute resolution. The Developer's Negotiating Costs Account shall be exclusively used by the Commission to pay the actual costs .incurred by the Co missionXity identified in subsection. (c) above.. Upon reasonable prior notice to Commission, Developer may review the Negotiating Costs Account Ledger to determine whether invoices and charges to the Negotiating Costs Account reflect actual permissible staff Commission/City Costs. If the Developer disputes any invoice or charge to the Negotiating Cost Account, Developer shall notify Commission, and if the parties so agree that an invoice or charge has been inappropriately charged against the account, Commission shall deduct the amount of the inappropriate invoice(s) or charge(s) from the suns it is entitled to draw from the Negotiation Cost Account, or if such inappropriate invoice or charge is identified after the termination of this Agreement, Commission shall promptly pay such amount to Developer. 6 we-143820 (e) Refunds and Reimbursements Upon the termination of this Agreement for any reason, the Commission shall refund to the Developer within sixty(60) days, the excess funds from the Negotiating Costs Account that are not needed to reimburse the Commission/City for permissible costs it has incurred pursuant to this Agreement. Furthermore, in recognition of the value to the Commission of obtaining the Developer Funded Studies covering the City Sites, upon the termination or expiration of tb.i s Agreement for any reason excepting a failure to negotiate in good faith pursuant to Section 5, the Commission shall, within sixty (60 days reimburse Developer for its actual costs of the Developer Funded Studies, in an amount not to exceed one Hundred Thousand dollars ($100,000). Commission shall not be obligated to reimburse Developer unless and until it has previously been provided the written completed Developer Funded Studies, and in no event shall Developer be entitled to reimbursement for the Developer Funded Studies if the parties ultimately execute a DDA covering the City Sites. Section 8. Environmental review It is understood that the development concept set forth in the Conceptual Site Plan is not being approved by or with the execution of this Agreement, nor has any aspect been approved or selected as a preferred alternative, but are the subject of negotiations described in this Agreement. It is explicitly understood that enviroiunental review of feasible project alternatives must be completed in accordance with applicable environmental laws before. the Commission approves any development proposal or otherwise grants any discretionary approval with regard to development of the site. Section .9. No Chan a in Develo er• No Assi nments or Transfers The Parties agree there shall be no change in the Developer or any interest of Developer therein by transfer, assignment or otherwise, nor any transfer or assignment for the duration of this Agreement, or any interest therein or any part. thereof, to any person or. entity without the prior written consent of the Commission in its sole discretion, as authorized .by its Communit Improvement Commission; provided, however, that the entities constituting the development team may transfer to wholly- owned subsidiaries, entities or affiliates without the prior consent of the .C:ornmis.sion. as long as Developer or its subsidiaries or Affiliates retains a fifty. one percent (51 interest. Developer shall promptly provide notice of any such transfer to Commission. Section lo. Confidentiali of Information and Negotiations The Commission and Developer enter this Agreement with the understanding that the Commission may require and, if so, then the Developer will have to provide, certain infor mation of a privileged and confidential nature during the negotiation and other tasks outlined in this Agreement. Such information may be necessary for the Commission to verify information that is relevant to the negotiation of the DDA.. Commission and Developer agree that they will keep confidential and not disclose any information submitted by Developer in the course of the negotiations or preliminary drafts of transactional documents or other negotiation pr elimina.ry draft documents, including financial analysis, that are identified as privileged or confidential under the law unless ordered to do so by a final order of court. Developer agrees to bear all costs of any litigation that is filed to determine the applicability of public records law to documents submitted by Developer in furtherance of negotiating a DDA, or any other related agreement 7 we- 143820 contemplated in the Agreement. Notwithstanding the provisions of this Section, in no event shall any party be required to disclose to any other party information that is protected by the attorney client privilege. Notwithstanding anything in this Agreement to the contrary, in the event Developer is concerned about the public records status of potentially sensitive corporate, proprietary or financial information, it may elect to submit such information to a third party redevelopment advisor, satisfactory to Commission, which would instead submit a written summary report of such information to Commission. Section 11. Real Estate Commissions The parties shall not be liable for any real estate commissions or brokerage fees that may arise from any transaction that takes place because of or in any way related to this Agreement. The Commission represents that it has engaged no broker, agent or finder in connection with this transaction, and agrees that Developer shall not be liable for any such commission or fee arising from any transaction related to a conveyance of the City Sites, or portion thereof, from City to the Commission. Developer agrees to hold the Commission harmless from any claim by any broker, agent or finder retained by the Developer. Section 12. Representatives of he Parties (a) The Commission Representative. For the purpose of administering the provisions of this Agreement, the Commission shall be represented by its Executive Director or such member of the Commission staff designated to act for a particular matter in writing by the Executive Director. (b) The Developer Representative For the purpose of administering the provisions of this Agreement, the Developer shall be represented by Michael W. McClellan, or such other employee, employees, agent or agents of the Developer as are designated to act for a particular matter in writing. Section 13. Limitations of this 6 reement By executing this Agreement, the Commission is not committing itself to or agreeing to undertake: (1) disposition of land to the Developer; or (2) any other acts or activities requiring the subsequent independent exercise of discretion by the Commission or any agency or department thereof. Section 14. Termination All of the provisions of this Agreement excluding Section 11, Section 18, and Section 19 shall terminate and be of no further force and effect upon the earlier of (i) execution of a DDA, or such other substantive agreements that documents the parties' agreement negotiated during the Negotiation Period, or (ii) termination of this Agreement and the Negotiation Period. If a DDA has not been executed by the respective parties by the expiration of the Negotiating Period or if this Agreement has otherwise been terminated in accordance with the wc- 143820 provisions set forth herein, none of the parties shall have any further. rights or obligations udder this Agreement, except as set forth in Section 7: Commission Cost Recovery /Reimbursement, Section 11: Real Estate Commissions, Section 17: Non liability of the Commission, Section 18: Hold Harmless and Indemnity. Developer may, in its discretion, elect to terminate this Agreement during the Negotiation. Period if it determines that it is infeasible for it to p roceed with the Project, subject to providing ten (10) days notice to Commission in accordance with Section 19. Section 15. Approval of Disposition and Develop Agreement If negotiations culminate in a DDA between Developer and Commission, such actions become effective only after and upon the approval of the Community Improvement Commission of the City of Alameda and its execution by the Executive Director pursuant to direction. of the Community Improvement Commission. Section 16. Commission Ri ht to Obtain Information and to Consult with others The Commission reserves the right to obtain information concern ng the transactions) described in. this .Agreement from any person, entity or group; however. that ex ccptiag consultants retained by Commission to assist in the negotiation process contemplated in this g P p Agreement, Commission shall not reveal to any such persons or groups confidential or proprietary information or other information kept confidential as provided. in Section 10 of this Agreement. Section 17. Non-liability of the Commission (a) Developer Warrants That He /She Has No Claim A ainst Commission. The Developer agrees that it does not now have and shall not at any time, whethe before or after its execution of this Agreement, have or make any claim or claims against the Commission or against the City Sites, directly or indirectly, by reason of any or all of the causes set for in paragraph (c) of this section. (b) Non-liability of the Commission. The Developer agrees that the Commission shall not have any liability whatsoever of any kind or character directly or indirectly, by reason of any or all of the causes set for in paragraph (c) of this section. (e) Causes to which. Non-liability A The causes to which the provisions of paragraphs (a) and (b) of this section apply inc lude the following: (1) The rejection of any offer to enter into. this Agreement, including this Agreement upon its presentation by the Developer; (2) The acceptance by the Commission of any offer to enter into this Agreement, including this .Agree rent upon its presentation by the Developer; 3) Entering into and thereafter engaging in exclusive negotiations; (4) The suspension or termination of exclusive negotiations; 9 we K;2o extension thereof; result thereof; (S) The expiration of a Negotiating Period, whether Initial or an (6) Entering into any DDA, or other instrument or document or as a (7) Any statement, representations, acts or omissions of the Commission in connection with all or any of the foregoing, except for Commission's sole negligence or willful misconduct; (8) The exercise of any Commission discretion., decision and judgment set forth in this Agreement, except for Commission's sole negligence or willful misconduct; (9) Any and all other matters arising out of or directly or indirectly connected with any or all of the foregoing. Claire or Claims The Developer further expressly and absolutely waives any and all Claim or Claims against the Commission, the City Sites, d irec tly or indirectly arising out of or in any way connected with any or all of the matters set forth in paragraph (c) of this section. �e Definitions For purposes of this section, the words defined in this paragraph shall have the meanings ascribed to there herein: l) "Commission" and "City of Alameda includes their respective members, officers employees, agents, consultants, successors, and assigns. (2) "Claire or Claims" shall mean any and all protests, rights, remedies, inter ests, objections, claims, demands, actions or causes of action of every kind or character whatsoever, in law or in equity, for money or otherwise, including but not limited to Claims for injury loss, expense or damage, Claims to property, real or personal, or rights or interest therein, and Claims to contract or development rights or development interests of any kind or character, in any Commission and City Sites, or Claims that might be asserted ag or cloud title to the City Sites. Section 18. Hold Harmless and Indemnit� The Developer shall defend, hold harmless and indemnify the Commission from and against any and all Claims directly or indirectly arising out of this .Exclusive Negotiation Agr eement and including but not limited to Claims, if any, made by Developer. or by anyone connected or associated through Developer, except to the extent that such Claim arises from the willful misconduct or sole and active negligence of Commission. Section 19. Latices Formal notices, demands and communications between the Parties shall be sufficiently given if: and shall not be deemed given unless, di by certified ma ll, postage prepaid, return receipt requested or sent by an express delivery or overnight courier service that 1.0 wc- 4J 82o maintains written delivery records, to the office of the parties shown as follows, or such other address as the parties may designate in writing from time to time: COMMISSION Community Improvement Commission of the City of Alameda 2263 Santa Clara Avenue, Roorn 320 Alameda, California 94501 Attention. Jennifer Ott, Deputy City Manager With copies t o: City of Alameda 2263 Santa Clara Avenue, Room 280 Alameda, California 94501 Attention: Far imah Fa.iz, Assistant General Counsel DEVELOPER warrnington Homes Northern California Division 2010 Crow Cannon Place, Suite 100 San Ramon, CA 94583 .Attention: Mike McClellan Such written notices, demands, and communications shall be effective on the date shown on the written delivery record as the date delivered or the date on which delivery was refused. Notwithstanding the foregoing, Commission may respond to .Developer requests for information by delivering requested information to only the address of the requesting representative of the Developer. Section 20. Govern na La This Agreement shall be governed by and construed in accordance with the laws of the State of California. Section 21. Entire, Agreement This Agreement contains the entire agreement of the parties. This Agreement may be modified only by written agreement signed by the parties hereto. Section 22. Caj2tons Captions at the beginning of each section of this Agreement are for reference only and shall in no way define or interpret anv provision hereof. Section 23. Construction The provisions of this .Agreement have been jointly drafted by the parties and shall be constructed as to the fair meaning and not for or against any party based upon any attribution of such party as the sole source of the language in question. 11 wc- 143820 Section 24. Coun arts This A ma be executed in counterparts, each of which shall be deemed an ori but all of which to shalt constitute one and the same a IN WITNESS WHEREOF,, the parties, who have had the opportunit to consult with their attorne with respect hereto and who full and completel understand the terms and provisions hereof, have executed this A as of the date set opposite their si The effectiv date of this A shall be the date the A is si b the Commission. COMMISSION: r� Executive Director DEVELOPER: Y' C3 Date: Jennifit Ott Deput Cit Mana Date: C� APPROVED AS TO FORM: A Farimah Faiz Assistant General Counsel Date: Exhibits: Exhibit 1: Conceptual Site Plan Exhibit 2: Milestone Schedule Date: 1 C 12 wc-143820 RECOMMENDED FOR APPROVAL: EXHIBIT I CONCEPTUAL SITE PLAN 2 4 rz, to Q i c fzz� 4-4 Zia C-14 tl— z at 05 '-L, c Z Z g P-i OhM T--F' U 7F r :3A3� i'r :ry _5';V i t. rl 1 f "3' .7-h is ii ff y 7 F �r:w f LS r t �.�y 1� �..�°......ti :i '.i I a4 4 P. ^^1 4... i x L �R �Y! 11:a� E i{ 1f rba �....:m..a 0 31 A ll rn cs dl we-143820 EXHIBIT 2 MILESTONE SCHEDULE 0 11116/10 ENA approved by CIC 11117110 ENA executed by parties 11122110 CIC /City to issue site access permits for testing 0 11.129110 Warmington to commence site testing 01131111 Initial site investigation and testing completed 0 02122 Deports and analysis of site testing provided to CIC 03101111 Project site plan and financial feasibility determined 03107111 Warmington deposits Good Faith Payment and Negotiating Costs Deposit with CIC. Negotiation of the DDA commences. CIC/City provides Warmington with assurances, timeline for both the relocation of City uses and conveyance from City to CIC. i 05102111 New City yard and animal shelter relocation sites identified by City /CIC 07119111 City Council approves transfer of City Sites to CIC i 08116111 CIC Approval of DD.A 05117112 :expiration of ENA Initial Negotiation Period (specific day dependent on date ENA is full executed) 2 -1 MINUTES OF THE SPECIAL JOINT CITY COUNCIL AND COMMUNITY IMPROVEMENT COMMISSION (CIC) MEETING TUESDAY- SEPTEMBER 7 2010- -7:02 P.M. Mayor /Chair Johnson convened the meeting at 10:40 p.m. ROLL CALL Present: Councilmembers /Commissioners deHaan, Gilmore, Matarrese, Tarn and Mayor /Chair Johnson 5.. Absent: None. Councilmember /Commissioner Tam left the dais at 10:40 p.m. and returned at 10:42 p.m. PROCLAMATIONS SPECIAL ORDERS OF THE DAY ANNOU NCMENTS (10 -65 CIC) Presentation on Facade Assistance Program for fiscal year 2009 -2010. The Development Coordinator gave a Power Point presentation. Chair Johnson stated the fagade grants make a big difference within the community; the before and after pictures are unbelievable; that she wishes more money could be found for the Program. Commissioner Gilmore stated a lot of work has been done on Park Street and Webster Street; a critical mass has now been reached and the faces of the streets .are changing. Speakers: Jon Spangler, Alameda; and Robb Ratto, Park Street Business Association. Commissioner deHaan stated the Facade Assistance Program has been extremely successful; involving new proprietors in the beginning is very important. MINUTES (10 -429 CC/10-66 CIC) Minutes of the Joint City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission Meetings held on July 20, 2010, and July 27, 2010. Approved. Vice Mayor /Commissioner deHaan moved approval of the minutes. Councilmember /Commissioner Matarrese seconded. the motion, which carried by unanimous voice vote 5. AGENDA ITEMS Special Joint Meeting Alameda City Council and Community CC ARRA/CIC Improvement Commission September 7, 2010 Exhibit 2 to Agenda item ##4-A 11 -76 -10 -430 CC Recommendation to Authorize the Community Improvement Commission of the City of Alameda to Enter into an Exclusive Negotiation Agreement (ENA) with Warmington Residential for Redevelopment of the City's Corporation Yard..Located at 1616 Fort Bann Way and the City's Animal Shelter Located at 1690 Fortmann Inlay; and -67 CIC Recommendation to Approve an Exclusive Negotiation .Agreement by and between the Community Improvement Commission and vllarmington Residential for Redevelopment of the City's Corporation Yard Located at 1616 Fortmann Way and the City's Animal Shelter Located at 1690 Fortmann Way. The Deputy City Manager Development Services gave a brief presentation. Mayor /Chair Johnson stated the project is small; inquired why the initial .term of the ENA would be eighteen months. The Deputy City Manager Development Services responded the.timeframe.is more.of an issue with the City developing a relocation study and is more for the. City's benefit. Mayor /Chair Johnson inquired what has been learned from the SunCal ENA. The Deputy City Manager Development Services responded the .C.ity has standard and good faith provisions and termination dates in all ENAs; stated ..the project is for two acres and up to twenty -seven units; the. ENA is simple and straightforward. Mayor /Chair Johnson stated no developer is perfect, but. no developer is like SunCal; the City's relationship with S.un.Cal totally broke down; inquired whether. assurances are in place to avoid a similar breakdown with Warmington Residential. The Deputy City Manager Development Services responded Warm ington Residential has a proven track record in the City and is moving forward in very difficult economic times; stated staff feels comfortable with Wa.rmington Residential. The Interim Executive Director stated staff needs to assess rhether..rno ing the two facilities [Corporation Yard and Animal Shelter] is feasible for the City; the ENA is not as complex as the SunCal ENA. Commissioner Gilmore inquired whether the CIC. budget includes that would be needed to reimburse Warrnington Residential for geotechnical. and environmental testing if the project does not go through. The Interim Executive Director responded in the affirmative; stated every year, a small amount is budgeted for studies. Commissioner Gilmore inquired whether the project would be subject to affordable housing requirements to which the Deputy City Manager Development Services responded in the affirmative. Special Joint Meeting Alameda City Council and Community 2 Improvement Commission September 7, 2010 Commissioner deHaan stated his concern is the Corporation Yard and Animal shelter relocation; the Animal shelter relocation would cost between $1.2 million and $3 million; the Corporation Yard. relocation would be approximately $2 million; inquired where funding would come from. The Deputy City Manager Development services responded $376,000 is budgeted for a relocation study; stated a process would be needed to outline how the City would successfully relocate and construct the facilities. The Interim Executive Director stated costs would not be known until studies are completed; the City has real estate assets that are not used to the highest, best use; conversations need to address the fact that the Animal shelter needs to move and the Corporate Yard location is not logical; that she has some financing ideas. Chair Johnson stated the entire northern waterfront is blighted; public waterway access has been very limited. Speaker: Andy McKinley, Grand Marina and Alameda resident. Chair Johnson inquired whether Mr. McKinley is using other property to satisfy parking requirements for his property. Mr. McKinley responded right now, the parking problem has no solution; stated that he is proposing everything west of the northern extension of Paru street be excluded. Commissioner Matarrese stated the Corporation Yard and. Animal Shelter. need .to be relocated; the area is complex; that he is not sure the ENA is the solution; that he sees a couple of incompatibilities: the area has a full service marina and shops in the Alaska Packers Building, which needs repair and investment; parking needed to maintain the shops is being eaten up by development; the Boat Yard generates noise; having houses next to a boat yard would result in a collision; mixed use sounds. great in an urban planning textbook, but somebody is going to lose at some point; the ENA could be a tool to see what is feasible and practical; his yardstick would measure whether a true mixed use development would work. The Interim Executive Director inquired whether the waterfront plan states mixed use. The Deputy City Manager Development services responded mixed use is noted in the General Plan; stated the property is zoned residential. Chair Johnson stated staff ought to take another look at the zoning; the issue is similar to the Catel l u s project. Commissioner deHaan stated that he agrees; perhaps some retail would be needed Special Joint Meeting Alameda City Council and Community 3 Improvement Commission September 7, 2010 instead of ship operations; that he would like to look at the matter and flush out the $376,000 relocation study. The Deputy City Manager Development Services stated the proposed use could be compatible with residential. Commissioner deHaan inquired what options have been reviewed for the Alaska Packers Building. The Deputy City Manager Development Services responded the Tidelands Trust limits uses to maritime, visitor, retail, and restaurants. Chair Johnson stated the Alaska Packers Building should be considered in the plans for the site. The Interim Executive Director stated a parallel track could be initiated with the ENA; staff could come back with two proposals. The Deputy City Manager Development Services stated the relocation study should p Y Y g be done at the same time also. Mr. McKinley stated vvarmington Residential gave the City $100 to build a new facility when property was swapped. Commissioner Gilmore stated that she is intrigued with the proposal, which should be reviewed; she would be more comfortable seeing more information on the. Alaska Packers Buildin g before.acting on an ENA; she would hate to get into a.situation where one problem is solved by moving the Corporation Yard and An irnal Shelter and revitalizin g the property only to cause difficulty for the Alaska Packers Building, which is a City asset with restricted uses because of the Tidelands.Trust; the upkeep [Alaska Packers Building] would fall on the. City by not allowing a developer to develop the project in a financially feasible manner. Commissioner deHaan stated looking at the Corporation Yard and Animal Shelter construction costs is important; funding streams need to be known; the. worst thing would be to g et half way through the process and not have funding; that he would like. to have the matter flushed out. Chair Johnson stated that she agrees. with Commissioner deHaan; the purpose of bringing the matter before the Commission tonight is to start looking at the issues. g g Commissioner Matarrese stated that he has no problem with starting the ENA with Warmin g ton Residential; an ENA would not allow negotiations with anyone else on the residential portion of the project; that he.does not want to go. eighteen months and then have the administrative ability to go three more months; things need.to be brought back Special Joint Meeting Alameda City Council and Community 4 Improvement Commission September 7, 2010 regarding the Alaska Packers Building; a guide of the ENA should be to protect the Alaska Packers Building as a City asset to ensure that there would not be-future incompatibilities with a working boat yard and adjacent residences; a project labor agreement would be needed; zoning should be reviewed to ensure Compatibility; said issues should be spelled out as ENA conditions. Commissioner Tam stated tonight, she is not ready to craft a motion to enter into an ENA; that she is does not have the same .level of comfort as her colleagues without a comprehensive review of relocation plans and financing; the Animal. Shelter is a very sensitive, emotional issue in the community; public comment is needed before she is comfortable with moving forward. Commissioner Gilmore inquired what would be the timeframe for .bringing the matter back; further inquired whether relocation sites and costs could not be started. The Deputy City Manager Development Services responded the contract to do so [relocation study] is separate. Commissioner Gilmore stated she would like to move forward with looking at relocation sites and costs. The Deputy City Manager Development Services stated the review would take .eight months to a year. Commissioner Gilmore stated coming back with an [revised] ENA would not take eight months to a year. The Deputy City Manager Development Services inquired whether Council, would like staff to come back [with the ENA] in .twelve .months. Chair Johnson stated staff should get started on the relocation part.. Commissioner Tam stated certain things need to be nailed down; that. she does not know how long it would take to nail things down; the public process. needs to be transparent. The Deputy City Manager Development Services inquired whether. the Commission wants the relocation study started or completed [before entering into the ENA]. The Interim Executive Director stated that. she recommends a parallel track; a complete relocation analysis and study with a consultant would talcs several months. Chair Johnson stated that she likes an almost parallel track, suggested .getting started on the relocation part. Special Joint Meeting Alameda City Council and Community 5 Improvement Commission September 7, 2010 The Deputy City Manager Development Services stated some Commissioners want to know the financial aspects, which would be pretty far along in the study. Commissioner Tam inquired whether knowing how much the land would sell for would be important. The Deputy City Manager Development Services responded what the land is worth versus relocation costs are two separate issues. Councilrnember /Commissioner Tarn left the dais at 11:47 p.m. and returned at 11:50 p.m. Commissioner deHaan stated a lot of loose ends exist; that he does not think the Commission is ready to go forward; costs could be calculated on the back of a napkin; the ENA does not have to be done immediately. The Deputy City Manager Development Services stated concrete. answers would .not be known until the relocation study is done. Commissioner deHaan inquired what would be the square footage of the Animal Shelter, to which the Deputy City Manager Development Services responded staff would hire someone to answer said question. Commissioner Matarrese stated the idea..of the ESA would-be. to sit down with warmington Residential .to. see their valuations .and what.they .can do to. build houses in the area; the output. wou ld. be. a Development Agreement (DA); the DA would need to be compatible with uses, including the .Packers Building,. and would have. to account for relocating two City operations; moved approval. of directing the Interim.. Executive. Director to come back with .an updated ENA for the Commission to discuss, to define. a timeframe in the ENA for the CIC and War.mington Residential that. would peint.to the parallel work that has to be done exclusively, including existing oberations around the Alaska Packers Building, and to look .at .other rules and benefits the City, including a labor agreement, appropriate. zoning, and all public hearings necessary to ensure that the public knows the intent and milestones in between. -431 CC/10-68 CIQ Councilmem.ber /Commiss.i.oner Matarrese molded approval of continuing past 12:00 midnight. 'dice Mayor/Commissioner deHaan seconded the motion, which carried by unanimous voice vote 5. Special Joint Meeting Alameda City Council and Community 0 Improvement Commission September 7, 2010 Commissioner deHaan stated the Commission is not asking for a lot of detail; other elements need to be considered in order to be successful. Chair Johnson stated the Animal Shelter would be better off in another location. The Interim Executive Director stated that she has reco mendations on where. the Corporation Yard and Animal Shelter could go; this year's budget has funds .for a very extensive feasibilit y analysis for rebuilding, constructing, and relocating the. Corporation Yard and Animal Shelter; the process should not be started until.the CIC..knows what the ro ert can be sold for in order to put more cash into the deal; the Commission's p P y comments and Commissioner Matarrese's amendments to the ENA have seen different components which would be put into the ENA; staff would come back regarding getting consultants on board to start the feasibility analysis; the CIC does. not have the cash or funds to buy property and build something; the. cost estimate would be .based on the type of building and landscape, as well as the physical relocation oast; :st (aff has other recommendations for the Commission in terms of what. could .happen with Alameda Municipal Power; through an asset management strategy, the C 11C. could have more than enough to pay for the Animal Shelter and approximately 50% to .pay for. the Corporation Yard; a deal might be able to be struck in a DA to offset costs; the situation is sequential. Chair Johnson stated ensuring a benefit to the City is important in terms of.the economy of scale. Commissioner Gilmore inquired whether a bunch of dominos need. to..fall in order to finance the Corporation Yard and Animal Shelter relocation; stated the.C ommiss on. has a sense of unease because the Interim Executive Director has a .clear idea of where to move the Cor oration Yard and costs; that she is not privy to the information. p The Interim Executive Director stated that she needs. to ..have some discussion regarding selling the property in order to validate numbers and theories; the cart is g g g p before the horse. Commissioner Gilmore stated Commissioner deHaan is asking for ballpark figures. Commissioner deHaan inquired how much two acres is worth to Warrnington Residential. Michael [McClellan, Warrnington Residential, responded that he does not know until preliminary testing is done. Commissioner deHaan inquired how much two clean acres would be. worth. Mr. McClellan responded approximately 20/0 of land value; stated the issue is that the property is small, irregular, and under bay mud; that he spoke to Pennzoil about the p y Special Joint Meeting Alameda City Council and Community 7 Improvement Commission September 7, 2010 plume; a lot of work has been done;1111'armington Residential would test in proper places and provide information on the land value; Warmington Residential. expects zoning issues to be resolved and is very excited to be part of the project. The Deputy city Manager Development Services reiterated that the motion is. to bring back an updated ENA that specifically contemplates parallel work related.to.the Grand Marina Lease, which would include ghat would happen with the reuse. of the Alaska Packers Building relocation as well as the corporation Yard and Animal Shelter relocation process and other rules regarding zoning, a labor agreement, and plumes future environmental compatibility. The city clerk stated the motion includes compatibility with other uses and .sufficient public hearings in order to address community needs. Commissioner Gilmore inquired whether direction would be. given to staff to start on relocation issues right away, to which the Deputy city Manager Development Services stated money has already been budgeted to start the process. Vice Mayor /commissioner deHaan seconded the motion, which carried by unanimous voice vote 5. Chair Johnson stated that she looks forward to having the Animal Shelter .relocated; the Shelter is not optimal for the animals; she wants a better facility. Commissioner Tam stated [Fount Trashrnore is not the right place. Commissioner deHaan stated past discussions have included taking in other districts to make the Animal Shelter profitable. The Interim Executive Director stated staff has looked at other options,. including doing what Berkeley has done. ADJOURNMENT There being no further business, Mayor /Chair Johnson adjourned the meeting at 12:03 a.m. Respectfully subrn Lara Weisiger, city Clerk Secretary, ClC The agenda for this meeting was posted in accordance with the Brown Act. Special Joint Meeting Alameda city council and Community S Improvement Commission September 7, 2010 CITY OF ALAMEDA Memorandum To. Honorable chair and Members of the Community Improvement commission From: Ann Marie Gallant Interim Executive Director Date: November 10, 2010 Re: Authorize the Interim Executive Director to Negotiate and Execute a Purchase and Sale Agreement for the Islander Motel Property Located at 2428 central Avenue; Issue a Request for Qualifications to secure a Development Partner for conversion of the Islander Motel to Affordable Workforce Housing; and Approve an Appropriation of $1 50,000 from the BWIP Affordable Housing Fund Balance to BWIP contractual services and Housing Project Development Funds for the Required Due Diligence Reports and Deposits A ffm rM t; [oil] -61, 1 The Islander Motel is located at 2428 central Avenue on the corner of Park and central Avenues. The property was built on an approximately 0.5 acre site (22,910 square feet) in 1971, as a 02 -unit apartment building. The property was later converted to a motel, and a one -story office building was built at the rear of the property. The office building was subsequently converted to seven additional motel units. The motel units are rented on a daily, as well as weekly basis. Approximately one -third of the units are exempt from the city's Transient occupancy Tax (TOT) as occupants stay longer than 27 days. The Islander Motel is located in the Business and Waterfront Improvement Project (13WIP) area. For a number of years, the city of Alameda has encouraged the acquisition and rehabilitation of the Islander Motel for use as affordable housing. Numerous initiatives were explored, but until recently the property owner was not interested in selling the property. However, in .dune 2010, a San Diego -based affordable housing developer (purchaser) entered into a purchase and sale agreement with the property owner and contacted the Housing Authority about working in partnership to redevelop the property. Given the potential to redevelop this property, the Islander Motel was included in the City's Affordable Housing Development Pipeline, which was presented to the city Council on October 5, 2010. The agreement between the property owner and purchaser set the acquisition price at $8 million. The purchaser anticipated that it would have an opportunity to re- negotiate the purchase agreement to reduce the purchase price. However, the purchaser was unable to negotiate a reduced purchase price. In addition, the Purchaser requested an CC /ARRAICIC Agenda Item #4-B 11 -16 -1 Honorable chair and November 18, 2010 Members of the Community improvement Commission Page 2 of 4 extension on the date to purchase the property, which the owner was unwilling tc provide. As a result, the purchaser missed a milestone date for snaking a required deposit and the parties are no longer under contract for the property. Due to the importance of the Islander Motel as an affordable housing project and as an opportunity to revitalize the surrounding neighborhood, staff contacted the property owner to determine their interest in selling the property directly to the Community Improvement Commission (CIC) for permanent workforce housing affordable to very low- and low- income households. The property owner is willing to work with the CIC to pursue a purchase agreement. DISCUSSION Staff negotiated an agreement with the property owner on business terms for a purchase and sale agreement between the CIC and the property owner (Term Sheet) and is requesting authorization from the CIC for the Interim Executive Director to negotiate and execute a purchase agreement consistent with the Term Sheet (Exhibit 1). A summary of the Term Sheet is provided below: Purchase Price and Appraisal. As mentioned above, the property owner has set the purchase price at $8 million. As part of its due diligence process, the CIC will obtain a property appraisal to ensure that the purchase price is justified. Due Diligence Period. The Term Sheet provides that the CIC will have 90 days to conduct its due diligence, and if it elects not to proceed with the acquisition, there is no financial penalty. Term and Funding Cycle. The property owner has agreed to a one -year purchase and safe agreement, with the opportunity to extend for an additional six months, if necessary to secure the required funding, which requires site control. This timeframe allows the CIC and its future development partner to apply for tax credit financing or other state /federal funding, in March 2011 and again in July 2011 (if not successful in March). This schedule maximizes the CIC's opportunity to obtain the necessary funding for the project. Deposits. The CIC would rake a fully refundable $10,000 deposit when the purchase agreement is executed. An additional $40,000 deposit will be required at the end of the due diligence period. The total $50,000 deposit will keep the property under contract for 12 months. If the CIC does not go forward with property acquisition, it will forfeit $50,000. If the CIC requests a six month extension, an additional $250,000 deposit is required. The entire $300,000 deposit will be forfeited if the CIC does not purchase the property at the end of 18 months. Honorable Chair and November 16, 2010 Members of the Community Improvement Commission Page 3 of 4 In addition to negotiating and executing a purchase and sale agreement with the property owner, there are several other steps that the CIC must implement to be able to submit an application for the March 2011 tax credit funding round, or a recently announced state multi- family housing program funding round. The CIC, working with the Housing Authority must also secure a development partner. Therefore, it is requested that the CIC also authorize staff to issue a Request for Qualifications (RFQ) to Secure a development partner to assist with the project. While the CIC anticipates raising 40 to 60 percent of the required funding for acquisition and rehabilitation from non -local sources, the local contribution could range from $6.5 million to $10 million depending on available state and federal funding. The CIC will need to issue Affordable lousing Tax Allocation Bonds to raise the necessary funds. Staff will seek authorization from the CIC to issue bonds in the near future. If the CIC authorizes the Interim Executive Director to negotiate and execute a purchase and sale agreement consistent with the Term Sheet and issue an RFQ for a development partner, staff will undertake these and other necessary activities to secure the required funding to complete the property acquisition and rehabilitation of the property for permanent workforce housing affordable to very low- and low income households. FINANCIAL IMPACT Funds in the amount of $150,000 are available for predevelopment efforts for the Islander Motel project, including due diligence reports and deposits, in the BWIP Affordable Housing fund balance (Fund 204). It is requested that $150,000 be appropriated from the BWIP Affordable Housing fund balance (Fund 204) to BWIP Affordable Housing Contractual Services (204- 7024 -61060 $100,000 for due diligence reports) and Housing Project Development (204- 7064 -61060 $50,000 for deposits) to conduct the necessary due diligence activities and fund the required deposits. If the CIC acquires the property, it is anticipated that the CIC's contribution to the purchase and rehabilitation could range from $6.5 million to $10 million depending on available state and federal funding. The CIC would need to issue Affordable Housing Tax Allocation Bonds to raise the necessary funds. Staff will seek authorization from the CIC to issue bonds in the near future. If the property is acquired and converted to affordable housing, the City's General Fund will lose approximately $42,000 a year in TOT revenue. This impact will most likely Occur beginning in FY1 2- 3. ENVIRONMENTAL REVIEW Acquisition and rehabilitation of the Islander Motel for re -use as permanent affordable housing is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the Act. Section 13301 addresses existing facilities and exempts minor alterations to existing structures. Honorable chair and November 16, 2010 Members of the Community Improvement Commission Page 4 of 4 RECOMMENDATION Authorize the Interim Executive Director to negotiate and execute a purchase and sale agreement for the Islander Motel property located at 2428 central Avenue; issue an RFQ to secure a development partner for conversion of the Islander Motel to affordable workforce housing; and approve an appropriation of $150,000 from the BWIP Affordable Dousing fund balance to BWIP contractual services and housing project development funds for the required due diligence reports and deposits. Respectfully submitted, Michael T. Pucci Executive Director Approved as to funds and account, Fred Marsh Controller Exhibit: 1. Proposed Business Terms for Purchase and sale Agreement for the Islander Motel Property at 2428 central Avenue Proposed Term Sheet for Purchase and Sale Agreement for the Islander hotel Property at 2428 Central Avenue between Stahl Wooldridge Construction Company and the Community Improvement Commission of the City of Alameda (CIC) The following business terms are proposed for a purchase and sale agreement for the Islander Motel property at 2428 Central Avenue: The CIC /Housing Authority (HA) would acquire and renovate the property for affordable workforce housing. Eight million dollar ($8 million) purchase price. A letter /clause in the purchase and sale agreement stating that the CIC is purchasing the property in lieu of condemnation. A 2 -month purchase agreement with the ability to extend for six months solely due to financing. The CIC/HA will make a $10,000 deposit on signing the purchase and sale agreement. The deposit is fully refundable if the CIC does .not elect to proceed with the purchase at the end of 90 days. If the CIC proceeds with the acquisition, the deposit will be applied to the purchase price. The CIC/HA will have a 90 -day due diligence period. At the end of 90 days, if the CIC /HA elects to proceed, an additional $40,000 deposit will be required. These funds will be applied towards the purchase price. At the end of 12 months, if the CIC/HA has not closed on the acquisition of the property and requires an additional six months to secure financing for the project, an additional deposit of .$280,000 will be required.. The additional deposit will be applied to the purchase price. If the CIC /HA does not complete the purchase of the property at the end of 18 months, the total $300,000 deposit is forfeited. If the CIC/HA elects not to proceed with the acquisition at the end of 12 months, the $50,000 deposit is forfeited. CC /ARRA/Cic Exhibit to Agenda Item ##4-B 1 -16 -10