2011-01-18 PacketHonorable Mayor and Members of the City Council January 18, 2011
Honorable Chair and Members of the CIC Page 2 of 8
Honorable Chair and Members of the HABOC
Ianel :(el G7
On June 16, 2010, the Housing Commission received a staff report discussing the
proposed sale of the City -owned property located at 2216 Lincoln Avenue to the City of
Alameda Community Improvement Commission (CIC) for development of an affordable
housing project in partnership with the Housing Authority. Staff proposed a project for
very low- income adults with developmental disabilities based on the size of the site, its
location, and unmet need for affordable housing for this population. Alameda has
several group homes for the developmentally disabled, but it does not have any service-
enriched (service coordination, computer lab, community room, etc.) affordable rental
housing serving this population. According to statistics provided by the Regional Center
of the East Bay, a State contracted agency that serves developmentally disabled, it has
754 consumers in the City. The City has the eighth largest number of consumers in the
entire county. Other statistics show that for every person served by a Regional Center,
one person is not.
At the June 16 meeting, the Housing Commission recommended that the Housing
Authority Board of Commissioners (BOC) approve a quitclaim of the property from the
CIC to the Housing Authority subsequent to the CIC's purchase. On July 27, 2010, the
City Council approved the sale of the property, and the CIC approved the purchase of
the property. The CIC purchased the property on September 24, 2010.
On September 15, 2010, the Housing Commission approved Satellite Housing and
Housing Consortium of the East Bay (HCEB) as the non- profit development partner to
construct and manage 19 units of housing affordable to very low income adults with
developmental disabilities at the site. On October 25, 2010, the Commission on
Disability Issues received a presentation on the project, and Commission members
were supportive of the project. In addition, Satellite Housing and HCEB hosted two
community meetings in October and November, 2010, to gather feedback and answer
questions about the proposed project.
Over the last three months, staff has been working with Satellite Housing and HCEB on
securing planning entitlements, analyzing funding options, and negotiating the terms of
an Owner Participation Agreement (OPA) and Lease Option Agreement. On December
14, 2010, the Housing Commission recommended that the BOC approve an OPA and
Lease Option Agreement consistent with the terms outlined in this staff report. On
January 10, 2011, the Planning Board found the project exempt from further review
under the California Environmental Quality Act (CEQA) and approved a Variance and
Major Design Review for the Project.
On November 22, 2010, the State Department of Housing and Community Development
(HCD) issued a Notice of Funding Availability (NOFA) for $80 million in funding for
special needs housing through the State Multifamily Housing Program (MHP).
Honorable Mayor and Members of the City Council January 18, 2011
Honorable Chair and Members of the CIC Page 3 of 8
Honorable Chair and Members of the HABOC
Applications for this funding will be accepted beginning February 15, 2010. For Satellite
Housing and HCEB to be eligible for this funding, the City Council, CIC and BOC must
take a series of actions to provide site control via a Lease Option Agreement and a local
funding commitment pursuant to a CIC resolution committing $1.4 million in CIC
Housing Set -Aside Funds for the project. The required actions are outlined in this staff
report.
DISCUSSION
To submit an application for MHP funding on February 15, 2011, as well as an
application for the federal Housing and Urban Development Department (HUD) Section
811 program, the proposed primary source of funding for this project, the following
actions, as memorialized in the attached resolutions, must occur:
1. City Council /CIC Approval of the Summary Report pursuant to Section 33433 of the
California Redevelopment Law
California Redevelopment Law (CRL) requires that when tax increment funds are used
to acquire property, a Section 33433 Report (Report) must be prepared that describes
both the "fair reuse value" and the fair market value of the property at its highest and
best use. Generally, the fair reuse value is less than the fair market value at the highest
and best use because the redevelopment agency imposes specific development
conditions, covenants and criteria that are more restrictive than what would be permitted
under the highest and best use.
The CIC proposes to quitclaim the property to the Housing Authority for one dollar
($1.00). The attached Report (Exhibit 1), prepared by Keyser Marston and Associates,
concludes that the fair reuse value is nominal given the requirement that 18 of the 19
units have rents affordable to very low- income households for 59 years, and the
imposition of service requirements necessary to meet the needs of adults with
developmental disabilities.
CRL also requires that a notice be published once a week for two consecutive weeks
informing the public of the date and time of the public hearing to consider the sale /lease
of the property. The Report and supporting documents (OPA and Lease Option
Agreement) must be available at the City Clerk's Office during that time. Notice was
published in the Alameda Journal on December 31, 2010, and January 7, 2011. The
legislative body is required to approve the disposition of the property pursuant to the
Report.
Honorable Mayor and Members of the City Council January 18, 2011
Honorable Chair and Members of the CIC Page 4 of 8
Honorable Chair and Members of the HABOC
2. Transfer of 2296 Lincoln Avenue from the CIC to the Housing Authority
On the basis of the Report, the CIC proposes to transfer the property to the Housing
Authority for $1.00. Pursuant to Section 26 -2 of Article XXVI of the City Charter, the
Housing Authority is authorized to replace existing low -cost housing units with new
affordable multi family housing. Therefore, Housing Authority ownership of the land is
required to develop this project. Following BOC acceptance of the quitclaim, the
Housing Authority will enter into a Lease Option Agreement with Satellite Housing and
HCEB. The Lease Option Agreement (Exhibit 2) is sufficient evidence of site control for
purposes of applying for MHP and Section 811 funding.
3. Lease Option Agreement between the Housing Authority Satellite Housing and
HCEB
The Lease Option Agreement's key terms include:
a. Developer will pay the Housing Authority $100 for the lease option.
b. The lease option will expire on December 31, 2011, but can be renewed for an
additional six -month period.
c. Developer can exercise its option at any time during the option period with a 30-
day notice to the Housing Authority.
d. The lease will have a 75 -year term and a one -time lease payment of $100 will be
paid by Developer to the Housing Authority when the lease is executed.
e. The lease will include any provisions required by HUD in connection with an
award of HUD 811 financing.
4. Approval of the OPA between the CIC Housing Authority Satellite Housinq and
HCEB
The OPA, on file in the City Clerk's office and distributed to the City Council under
separate cover, is the agreement between the CIC, Housing Authority and Satellite
Housing /HCEB, referenced below as Developer, which contains the rights and
obligations of each party for development of the project.
The OPA's key terms include:
a. Developer's obligation to secure all required funding commitments within 36
months of the effective date of the OPA.
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Honorable Chair and Members of the CIC Page 6 of 8
Honorable Chair and Members of the HABOC
of the affordability restrictions) and accrues 3% annual interest. The promissory note
will be unsecured until the 75 -year land lease is executed within the next 18 -20 months.
Funds are available in the BWIP Affordable Housing fund balance. Twenty percent of
tax increment funds received by redevelopment agencies must be spent on maintaining,
improving and expanding the supply of affordable housing; these "set- aside" funds are
restricted to those uses. Approval of a resolution approving the use of BWIP Affordable
Housing funds for development of the project at 2216 Lincoln Avenue is sufficient
documentation of a local funding commitment for purposes of submitting applications for
MHP and Section 811 funding.
Conclusion
Work on this project began in July 2010, when the City Council agreed to sell the
21,000 square foot site at 2216 Lincoln Avenue to the CIC to develop, in partnership
with the Housing Authority, 19 units of housing affordable to very low- income adults with
developmental disabilities. By undertaking the actions recommended in this staff report,
the City Council, CIC and BOC will ensure that Satellite Housing and HCEB are able to
submit applications for MHP and Section 811 funding and continue progress on this
important project for very low- income adults with developmental disabilities.
FINANCIAL IMPACT
Funds in the amount of $1.4 million are available in the CIC's BWIP Affordable Housing
fund balance (Fund 204) for development of 2216 Lincoln Avenue. It is requested that
$1.4 million be appropriated from the BWIP Affordable Housing fund balance (Fund
204) to BWIP Housing Project Development (204- 7064 61060). There is no fiscal
impact on the City's General Fund.
ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act (CEQA), the City, as the lead
agency has undertaken the required analysis of the environmental impacts of this
project and based on its independent judgment and based on substantial evidence in
the record, the City finds the project to be exempt from CEQA pursuant to California
Public Resources Code sections 21159.21, 21159.23 (Exemption for affordable
housing) and 21159.24 (Exemption for infill affordable housing), as well as CEQA
Guidelines section 15332 (infill development projects). Furthermore, the project does
not trigger any of the exceptions in CEQA Guidelines section 15300.2 in that the project
will not have any significant effects due to unusual circumstances or any cumulatively
significant impacts and will not adversely impact any designated historic resources.
Honorable Mayor and Members of the City Council January 18, 2011
Honorable Chair and Members of the CIC Page 7 of 8
Honorable Chair and Members of the HABOC
RECOMMENDATION
It is recommended that the City Council:
1. Find the Project located at 2216 Lincoln Avenue to be exempt from CEQA
pursuant to California Public Resources Code Sections 21159.21, 21159.23 and
21159.24, as well as CEQA Guidelines Section 15332.
2. Approve the Summary Report pursuant to Section 33433 of the CRL for an OPA
between the CIC, Housing Authority, Satellite Housing and HCEB and a Lease
Option Agreement between the Housing Authority, Satellite Housing and HCEB.
It is recommended that the Community Improvement Commission:
1. Approve the Summary Report Pursuant to Section 33433 of the CRL for an OPA
between the CIC, Housing Authority, Satellite Housing and HCEB and a Lease
Option Agreement between the Housing Authority, Satellite Housing and HCEB.
2. Authorize conveyance by quitclaim deed of the property located at 2216 Lincoln
Avenue for construction of 19 Units of affordable rental housing to the Housing
Authority.
It is recommended that the Housing Authority Board of Commissioners:
1. Accept the property located at 2216 Lincoln Avenue via a quitclaim deed from the
CIC.
2. Approve a Lease Option Agreement and authorize the Acting Chief Executive
Officer to execute a 75 -year ground lease based on the Lease Option Agreement
with Satellite Housing and HCEB and an OPA and other related documents
between the Housing Authority, CIC, Satellite Housing and HCEB.
It is recommended that the Community Improvement Commission:
1. Approve an OPA and authorize the Acting Executive Director to execute an OPA
and other related documents with Satellite Housing, HCEB and the Housing
Authority.
2. Approve an appropriation of $1.4 Million from the BWIP Affordable Housing Fund
Balance to Housing Project Development Funds.
Honorable Mayor and Members of the City Council January 18, 2011
Honorable Chair and Members of the CIC Page 8 of 8
Honorable Chair and Members of the HABOC
3. Adopt a Resolution approving the use of Housing Funds to pay a portion of the
costs of developing 19 units of housing affordable to adults with developmental
disabilities at 2216 Lincoln Avenue.
Approved as to funds and account,
Ir
Fred Marsh
Controller
Exhibits:
1. Summary Report Pursuant to Section 33433 of the California Community
Redevelopment Law on an Owner Participation Agreement between the
Community Improvement Commission of the City of Alameda, the Housing
Authority of the City of Alameda, and Satellite Housing /Housing Consortium of
the East Bay and a Lease Option Agreement by and between the Housing
Authority of the City of Alameda and Satellite Housing /HCEB
2. Lease Option Agreement
SUMMARY REPORT PURSUANT TO
SECTION 33433
OF THE
CALIFORNIA COMMUNITY REDEVELOPMENT LAW
ON AN OWNER PARTICIPATION AGREEMENT BETWEEN THE COMMUNITY
IMPROVEMENT COMMISSION OF THE CITY OF ALAMEDA (CIC), THE HOUSING
AUTHORITY OF THE CITY OF ALAMEDA AND SATELLITE HOUSING /HOUSING
CONSORTIUM OF THE EAST Bay (HCEB) AND A
LEASE OPTION AGREEMENT BY AND BETWEEN
THE HOUSING AUTHORITY OF THE CITY OF ALAMEDA AND SATELLITE
HOUSING /HCEB
1, 1 111111111 1121116y Z l
The California Health and Safety Code, Section 33433, requires that if a redevelopment agency
wishes to sell or lease property to which it holds title and if that property was acquired in whole
or in part with property tax increment funds, the agency must first secure approval of the
proposed sale or lease agreement from its local legislative body after a public hearing. A copy of
the proposed sale or lease agreement and a summary report that describes and contains
specific financing elements of the proposed transaction will be available for public inspection
prior to the public hearing. As contained in the Code, the following information will be included in
the summary report:
1. The cost of the agreement to the redevelopment agency, including land acquisition
costs, clearance costs, relocation costs, the costs of any improvements to be provided
by the agency, plus the expected interest on any loans or bonds to finance the
agreement;
2. The estimated value of the interest to be conveyed, determined at the highest and best
use permitted under the redevelopment plan;
3. The estimated value of the interest to be conveyed in accordance with the uses,
covenants, and development costs required under the proposed agreement with the
Agency, i.e., the reuse value of the site;
4. An explanation of why the sale of the site will assist in the elimination of blight, as
required by Section 33433; and
5. If the sale price is less than the fair market value of the interest to be conveyed,
determined at the highest and best use consistent with the redevelopment plan, then the
agency will provide as part of the summary an explanation of the reasons for the
difference.
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This report outlines the salient parts of the proposed Owner Participation Agreement and Lease
Option Agreement "Agreements The Owner Participation Agreement will between the
Community Improvement Commission of the City of Alameda "CIC the Housing Authority of
the City of Alameda "Housing Authority and Satellite Housing /Housing consortium of the East
Bay (HCEB). The Lease Option Agreement will be between the Housing Authority and the
development team of HCEB and Satellite Housing. The two Agreements will be executed to
enable the subject development site to be developed with an affordable residential apartment
building providing 19 units for persons with developmental disabilities "Project In addition,
CIC will provide a cash loan to the Project in the amount of $1,400,000 to assist in funding the
development of the Project.
This report is based upon information in the proposed Agreements and is organized into the
following six sections:
1. Summary of the Proposed Agreements This section includes a description of the
site, the proposed development and the major responsibilities of the CIC and the
Housing Authority.
2. Cost of the Agreements to the CIC This section outlines the cost of the Agreements
to the CIC.
3. Estimated Value of the Interest to be Conveyed This section summarizes the value
of the interests to be conveyed by the CIC to the Housing Authority.
4. Consideration Received and Reasons Therefore This section describes the
consideration to be paid by the Housing Authority to the CIC. It also contains a
comparison of the consideration and the site's fair market value and the site's fair reuse
value.
5. Elimination of Blight Conformance with Five -Year Implementation Plan This
section addresses the conformance of the Agreements with the CIC's Five -Year
Implementation Plan.
6. Provision of low- and moderate income housing This section describes how the
sale of the site to the Housing Authority will provide housing for low- and very low-
Income persons.
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II. SUMMARY OF THE PROPOSED AGREEMENTS
A. Description of the Site and Project
Site
The address of the subject site is 2216 Lincoln Avenue. It is a small, in -fill site located
approximately three blocks from Park Street just west of the Civic Center. The site is 20,991
square feet, and is located in an R -6 zone (residential) and has a Medium Density Residential
General Plan designation. For 33 years, the site was owned by the City of Alameda and had
been used as a parking lot for City staff. With construction of a downtown parking garage, City
staff parking was relocated, making the site available for an alternative use. On September 24,
2010 the City sold the property to the CIC for the purposes of developing an affordable housing
project on the site in partnership with the Housing Authority. The site is not located within a
redevelopment project area.
Developer
HCEB and Satellite Housing are co- developers.
Project
The proposed Project will consist of 19 residential units, with 18 units affordable to low- and very
low- income households. The remaining unit will be for the on -site manager. The project will
serve persons with developmental disabilities and includes supportive services.
The Developer intends to finance the $6.9 million Project with a combination of funds from the
Section 811 Program of the US Department of Housing and Urban Development, a MHP Loan,
a cash contribution from the CIC and an AHP loan. The anticipated composition of permanent
financing is as follows:
HUD 811 capital advance
$2.8 million
40 0
MHP loan
$2.1 million
31%
AHP loan
S0.2 million
3%
CIC loan
$1.4 million
20%
Value of Belo Market Lease
$0.4 million
6%
Total Development Cost
$6.9 million
100%
The HUD 811 program provides interest -free capital advances to private, non profit sponsors to
finance the development of supportive housing for the disabled; the capital advance does not
need to be repaid as long as the project serves low- and very-low income persons for 40 years.
In addition, HUD 811 provides a project rental assistance contract (PRAC) for the operation of
the development.
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The apartment units will consist primarily of one bedroom units, with some two- bedroom units,
including one manager's unit. The terms of the Agreement require that all units are affordable to
very-low income households for at least 59 years. While the property will be restricted to low- and
very low income households, the PRAC enables the Project to serve tenants with incomes
significantly less than 50% of the Area Median Income adjusted for household size.
The HUD 811 financing and MHP financing may impose restrictions in addition to the affordability
covenants required by the CIC.
B. CIC Responsibilities
Under the terms of the Agreements, the following are the key responsibilities of the CIC:
1. The CIC will sell the site to the Housing Authority at a price of $1.00. The sale will be
conditioned upon the Housing Authority executing the lease option agreement with the
Developer for the purpose of developing the proposed affordable housing project.
2. Record covenants on the title of the property that limits occupancy of 100% of the units
(excluding the Manager's unit) to low- and very low- income households and the rents to
amounts affordable to low- and very low- income households consistent with Health and
Safety Code Section 50053. The covenants shall apply for 59 years.
3. CIC will provide a loan in the amount of $1,400,000 to the Project to assist with the
construction of the Project. The loan shall be due and payable at the conclusion of the
term of affordability deed restrictions (59 years). The loan amount shall accrue simple
interest at 3% per annum. The loan may be funded with funds from the CIC's Low and
Moderate Income Housing Fund, HOME funds, or other City of Alameda housing funds.
4. CIC will assist the Developer in obtaining all remaining entitlements and other approvals.
C. Housing Authority Responsibilities
Under the terms of the Agreements, the following are the key responsibilities of the Housing
Authority:
1. The Housing Authority will accept and maintain ownership of the Site for the duration of
the ground lease.
2. After conveyance of the Site, the Housing Authority will enter into a lease option
agreement with the Developer and, ultimately, a 75 -year ground lease for the purpose of
development the proposed Project. The ground rent to be paid to the Housing Authority
by the Developer will be a one -time $100 payment at the closing of the lease.
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D. Developer Responsibilities
Under the terms of the Owner Participation Agreement, the following are the key responsibilities
of the Developer:
1. The Developer will secure all construction and permanent financing necessary for
development of the Project.
2. The Developer will be responsible for the preparation of all plans necessary for
development of the Project and obtaining all remaining approvals and building permits.
3. Subject to satisfaction of all preconditions, the Developer and the Housing Authority will
execute a ground lease agreement whereas the Developer will lease the Site from the
Housing Authority for 75 years. Consideration for the site will be in the form of a one-
time payment of $100.00 to the Housing Authority upon the execution of the lease.
4. The Developer will develop the Project within the times set forth in the Agreement.
5. The Developer will lease 100% of the units (excluding the Manager's unit) to qualified
low- and very low- income tenants, rent the units at rents that do not exceed the amounts
affordable to low- and very low- income tenants in accordance with Health and Safety
Code Section 50053, and maintain and operate the Project pursuant to the requirements
set forth in the Agreement and by the other funding sources for the Project.
6. Construction of the Project will be subject to payment of prevailing wages as required by
all applicable federal and state laws.
7. The Developer will borrow up to $1.40 million from the CIC. The loan will be due and
payable upon the expiration of the affordability covenants (59 years). The loan shall
carry 3% simple interest.
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III. COST OF THE AGREEMENTS TO THE CIC
A. Cost of the Agreements to CIC
This section presents the total cost of the Agreement to the CIC.
Acquisition Costs The CIC acquired the Site from the City of Alameda for $735,000
using available cash.
Pre- Development Expenses The CIC has funded various predevelopment activities
associated with the Project, including an appraisal, environmental Phase I and Phase II
reports, geotechnical reports, and a boundary survey. In total, CIC has spent $60,000 on
predevelopment activities.
Project Loans The CIC will provide the Project with a loan of $1,400,000 to be used for
construction and permanent financing. The loan may be funded from a variety of
sources, including City housing funds, HOME funds, and /or CIC Low and Moderate
Income Housing Fund. For purposes of this report, it is assumed that the loan is funded
from the CIC's Business and Waterfront Improvement Project's (BWIP) Low and
Moderate Income Housing Fund.
The following table summarizes the CIC's estimated costs related to the Agreement:
B. Revenues to CIC
The CIC will be providing the Developer $1,400,000 of cash assistance that is being structured
as a deferred loan. The loan term shall be 59 years and the loan shall be due and payable upon
the completion of the loan term. Simple interest shall apply at the rate of 3% per year. Including
accrued interest, the amount due and payable upon the termination of the loan will total
approximate $3.9 million. Assuming that inflation averages 3% over the period, it is estimated
that the current value of the repayment to be received in 59 years is approximately $678,000.
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Total Cost
Property Acquisition Costs
2216 Lincoln Avenue
Escrow /Closing /Legal
Total Acquisition
$735,000
$0,000
$735,000
Predevelopment Expenses
$60,000
Construction /Permanent Loan
$1,400,000
Tota G C Costs
$2,195,0
B. Revenues to CIC
The CIC will be providing the Developer $1,400,000 of cash assistance that is being structured
as a deferred loan. The loan term shall be 59 years and the loan shall be due and payable upon
the completion of the loan term. Simple interest shall apply at the rate of 3% per year. Including
accrued interest, the amount due and payable upon the termination of the loan will total
approximate $3.9 million. Assuming that inflation averages 3% over the period, it is estimated
that the current value of the repayment to be received in 59 years is approximately $678,000.
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C. Net Costs to the CIC
The net cost to the CIC associated with the transaction is estimated at $1,517,000, which is the
difference between the CIC's gross cost of $2,195,000 and the estimated current value of the
loan repayment ($678,000).
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IV. VALUE OF THE INTEREST TO BE CONVEYED
Fair Reuse Value
The reuse value of the Site is directly a function of the development economics specific to the
proposed Project. Based on the affordability restrictions imposed by the Agreement as well as
the expected HUD 811 and MHP financing, all but the resident manager unit will be deed
restricted with rents capped at amounts affordable to households earning no more than 60% of
Area Median Income (AMI). These affordability restrictions will remain in place for not less than
59 years.
KMA evaluated the development economics of the Project. Given the rent restrictions, the units
are anticipated to have an average monthly rental rate of $442. The restricted rental income
stream combined with the cost of providing supportive services results in an annual operating
deficit of approximately $100,000, which will be covered by the HUD 811 PRAC. Given the
projected operating deficit, the Project's economics do not support any private investment to
cover the Project's development costs. As noted in Section 11 of this report, the Project's
development costs are being funded entirely through public subsidy funds.
Given the terms and conditions in the Agreements, including the affordability restrictions,
requirements to provide services, the projected net operating deficit, and reliance on public
subsidy sources for capital costs, it is KMA's opinion that the fair reuse value of the Site is
nominal.
Value at Highest and Best Use
The Agency purchased the Site in July 2010 from the City for a price of $735,000, which
reflected the average value of two appraisals prepared for the property.
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V. CONSIDERATION RECEIVED AND REASONS THEREFORE
Under the terms of the Agreement, the Agency will convey the Site to the Housing Authority for
$1. The Housing Authority will then ground -lease the Site to the Developer for a on -time
payment of $100. These payments are consistent with the site's nominal reuse value as further
addressed in Section IV. The affordability restrictions and service requirements significantly
reduce the income generating capacity of the property relative to what would be possible from
an unrestricted use.
VI. ELIMINATION OF BLIGHT CONFORMANCE WITH FIVE -YEAR IMPLEMENTATION
PLAN
While the Project is not located within one of CIC's Redevelopment Project Areas, the City of
Alameda has passed a resolution stating that affordable housing development outside of the
Project Area will benefit the Project Area, thereby allowing tax increment set -aside proceeds to
be used to fund the Project.
The expansion and improvement of the community's supply of low- and moderate income
housing is identified as a goal in the Alameda Redevelopment Project Areas' 2010 -2014 Five
Year Implementation Plan. The Plan also identifies the subject site as an affordable housing site
to be assisted by the CIC.
CIC has determined that the Site is ideal for an affordable apartment development for persons
with developmental disabilities. The Project will help eliminate blight through construction of a
high quality residential development and the Project is consistent with the goals stated in the
Five -Year Plan.
VII. PROVISION OF LOW- OR MODERATE INCOME HOUSING
The Project is proposed to consist of 18 affordable apartment units. Occupancy will be restricted
to low- and very low- income households and rents will be restricted to be affordable to low- and
very low- income households. The affordability restrictions will be recorded on the property's title
and will be effective for 59 years. The Project will therefore provide 18 new low- and very low
income units to the City of Alameda.
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This Lease Option Agreement is made as of 2011, by and among the
Housing Authority of the City of Alameda, a public body, corporate and politic "Owner and
Housing Consortium of the East Bay, a California nonprofit public benefit corporation,
"HCEB and Satellite Housing, Inc., a California nonprofit public benefit corporation
"Satellite Housing HCEB and Satellite blousing shall be referred to jointly herein as the
"Optionee
1. Grant of Option Owner gr ants to Optionee an option "Option to lease that certain
real property located in the City of Alameda, County of Alameda, State of California, commonly
known as 2216 Lincoln Avenue, described more particularly on Exhibit A attached hereto and
incorporated herein by this reference (the "Property on the terms and conditions set forth in
this Lease Option Agreement. The lease price of the Property shall be One hundred Dollars
($100), which shall be paid in cash at the Closing, as such term is defined below, on the terms
and conditions set forth in this Lease Option Agreement.
2. Option Consideration Concurrently with the execution of this Lease Option Agreement,
Optionee has paid to Owner the sum of One Hundred Dollars ($100) as consideration for the
Option.
3. Term of Option The Option shall commence on the date of this Lease Option
Agreement and shall expire at 5 p.m. Pacific Time on November 30, 2011 (the "Original
Term
4. Renewal of Option The Original Term shall automatically be renewed for an additional
six -month period from the expiration date of the Original Term as provided herein upon written
notice from the Optionee to the Owner within thirty (30) days of the expiration date of the
Original Term. The Original Term, as extended by this Section 4 shall be referred to as the
"Extended Term
S. Manner of Exercising the he Option At any time prior to the expiration of the Original
Term, or if applicable, the Extended Term, Optionee may exercise the Option by giving written
notice to Owner of its exercise of the Option, specifying a date, time and place for the close of
escrow (the "Closing at least thirty (30) days after the date of such notice. Optionee's written
notice to Owner of Optionee's exercise of the Option shall be referred to in this Lease Option
Agreement as the "Option Notice The Closing shall consist of execution of a lease (the
"Lease between the parties which contains, among other things, the terms and provisions
described in Section 6 below, and recordation against the Property of a Memorandum of Lease in
the Official Records of Alameda County.
6. Lease Terms The Lease shall be substantially in accordance with the following:
A. Term The term of the Lease shall be not less than seventy -five (75) years from
the date of execution, with such additional terms and conditions to be mutually agreed upon by
the parties and set forth in the Lease.
B. Payment Optionee shall be obligated to make a one -time, special payment to
Owner in the amount of One Hundred Dollars ($100) at Closing.
C. HUD Requirements The Lease shall include such provisions as United States
Department of Housing and Urban Development ("HUD") UD may require in connection with the
Section 811 Capital Advance program.
D. Subordination The Optionee shall consent to, any necessary subordination
agreements required to secure construction and permanent financing for development of the
Property as provided herein, including but not limited to, the HUD Section 811 Capital Advance
documents.
7. Representations and Warranties
A. Title Owner represents that it is the owner of the Property and has title to the
Property free of restrictions, leases, liens, and other encumbrances except those set forth in that
certain preliminary report attached hereto as Exhibit B and incorporated herein by this reference.
B. Propert y There are no representations or warranties, express or implied, between
the parties. Optionee agrees that the leasehold interest in the Property is to be acquired and
C[AL \48648 \827454.5 2
accepted by Optionee in the then existing condition of the Property, "as is" with all faults and
defects.
C. Owner agrees that during the Original Term, or if applicable, the Extended Term,
and until the leasehold interest in the Property is acquired by Optionee in the event the Option is
exercised, Owner will not encumber the Property in any way nor grant any property or contract
right relating to the Property without the prior written consent of Optionee.
8. Right of Entry on Property During the Original Term, or if applicable, the Extended
Term, Optionee and its designated agents and independent contractors shall have the right to
enter on the Property to the extent necessary for the purpose of conducting due diligence,
including certain tests and engineering studies. Optionee agrees to repair any damage it or its
agents or independent contractors shall cause to the Property, keep the property free and clear of
any liens, and indemnify and hold Owner harmless from any and all costs, expenses, losses,
costs, attorneys' fees and liabilities (including, but not limited to, claims of mechanics' liens)
incurred or sustained by Owner as a result of any acts of Optionee, its agents, or independent
contractors pursuant to the right granted by this Section.
9. Owner's Cooperation in Seeking Permits and Approvals
A. Permits and Approvals Owner agrees to cooperate and, if applicable, to join in
any applications that may be required to obtain approval of the development plan proposed by
Optionee by any municipal or other agency having jurisdiction. Optionee shall pay all expenses
associated with the approval process. Optionee agrees to hold Owner harmless from any costs
and expenses arising in connection with gaining approval of the Optionee's development plan
and all other related project approvals.
B. Funding Sources Owner acknowledges that Optionee desires to use the Property
to construct a low income housing development and to receive funding from HUD under
Section 811 of the National Affordable Housing Act of 1990, as amended. Owner agrees to
reasonably modify this Lease Option Agreement and to execute and modify documents to the
extent reasonably necessary to satisfy the requirements of HUD regarding the terms of the Lease
and financing of the development of the Property.
C1AL \48648\827454.5 3
10. URA Provision Because federal funding will be present in connection with the
acquisition of the leasehold interest in the Property and the construction of the contemplated
Section 811 project on the Property, as required by the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, as amended "URA Optionee and Owner
acknowledge and agree that (A) Optionee does not have the power of eminent domain and,
therefore, will not acquire the Property or a leasehold interest therein if negotiations fail to result
in an amicable and voluntary agreement, and (B) Optionee and Owner agree that the estimated
fair market value of the Property is greater than the lease price, as described in Section 1 hereof.
11. Time of Essence, Failure to Exercise Option Time is of the essence of this Lease Option
Agreement. If the Option is not exercised in the manner provided in Section 5 above before the
expiration of the Original Term, or if applicable, the Extended Term, Optionee shall have no
interest whatever in the Property, the Option may not be revived by any subsequent payment or
further action by Optionee and Optionee agrees to deliver to Owner all soil tests, engineering and
marketing studies, and the like respecting the Property in Optionee's possession or under
Optionee's control
12. Termination of Option If this Lease Option Agreement is terminated, Optionee agrees, if
requested by Owner, to execute, acknowledge, and deliver a quitclaim deed to Owner within
seven (7) days after request and to execute, acknowledge, and deliver any other documents
required by any title company to remove any cloud on title caused by this Lease Option
Agreement, the Option, or Optionee.
13. Notices All notices, demands, requests, and exercises under this Lease Option
Agreement by either party shall be hand delivered or sent by United States mail, registered or
certified, postage prepaid, addressed to the other party as follows:
Owner: Housing Authority of the City of Alameda
701 Atlantic Avenue
Alameda, CA 94501
Attn: Executive Director
CIAL \486481827454.5 4
Optionee: Housing Consortium of the East Bay.
1736 Franklin Street, 6th Floor
Oakland, CA 94612
Attn: Executive Director
and
Satellite Housing, Inc.
1521 University Avenue
Berkeley, CA 94703
Attn: Executive Director
All notices, demands, requests, and exercises served in the above manner shall be considered
sufficiently given or serviced for all purposes under this option at the time the notice, demand, or
request is hand delivered or postmarked to the addresses shown above.
14. Assignment of Option Without the prior written consent of Owner, Optionee may assign
its rights and obligations under this Lease Option Agreement to an entity which is controlled by
Satellite Housing, and which is formed for the express purpose of developing and operating a
housing development for low- income disabled persons on the Property in accordance with the
requirements of HUD. All other transfers or assignments by Optionee shall require the prior
written consent of Owner.
15. Counterparts This Lease Option Agreement may be executed in multiple counterpart
copies, any one of which when duly executed with all of the formalities hereof, shall be fully
binding and effective as the original of this Lease Option Agreement.
[Remainder ofpage intentional blank; signatures follow.]
CIALA8648 \627454.5 5
EXECUTED on the day and year written at the beginning of this Lease Option Agreement.
OWNER:
HOUSING AUTHORITY OF THE CITY OF
ALAMEDA, a public body, corporate and politic
I
Michael T. Pucci
Executive Director
OPTIONEE:
HOUSING CONSORTIUM OF
THE EAST BAY, a California
nonprofit p lic benefit orporation
f
By;
Darin Lounds
Executive Director
SATELLITE HOUSING, INC., a California
nonprofit public benefit corporation
By:
Ryan Chao
Executive Director
Approved as to form
Farimah Faiz
Assistant General Counsel
CIAL \48648 \827454.5 6
EXECUTED on the day and year written at the beginning of this Lease Option Agreement,
OWNER:
HOUSING AUTHORITY OF THE CITY OF
ALAMEDA, a public body, corporate and politic
Michael T. Pucci
Executive Director
OPTIONEE:
HOUSING CONSORTIUM OF
THE EAST BAY, a California
nonprofit public benefit corporation
Darin Lounds
Executive Director
SATELLITE HOUSING, INC., a California
nonprofit public benefit corporation
By:
Ryan Chao
Executive Director
Approved as to form
0
Farimah Faiz
Assistant General Counsel
CIAL \48648 \827454.5 6
Legal Description
(Attached)
CIAL 864SNsz7asa.s 7
Order Number: 0331.617469a}a
Page Number: 5
LEGAL DESCRIPTION
Real property In the City of Alameda County of Alameda, State of California, described as follows:
ALL OF LOTS 14 AND 15, AND THE WESTERN ONE FOOT (1') OF LOT 13, ALL IN BLOCK 34, A5 SHOWN
ON THE "MAP OF LANDS ADJACENT TO THE TOWN OF ENCINAL, ALAMEDA COUNTY, CAL.", FILED MAY
28, 1857 IN BOOK 19 OF MAPS AT PAGE 53, IN THE OFFICE OF THE ALAMEDA COUNTY RECORDER.
EXCEPTING THEREFROM, THE NORTHERN TEN FEET (10') THEREOF, TAKEN FOR THE WIDENING OF
LINCOLN AVENUE TO 80 FEET.
APN: 071- 0219 -022
F/rst American Title
EXHIBIT B
Preliminary Report
(Attached)
C1AL\48W\827454.5 8
CITY OF ALAMEDA RESOLUTION NO.
APPROVING (1) THE DISPOSITION OF CERTAIN PROPERTY OWNED
BY THE COMMUNITY IMPROVEMENT COMMISSION OF THE CITY OF
ALAMEDA "CIC AT NOT LESS THAN ITS FAIR REUSE VALUE IN
CONNECTION WITH DEVELOPMENT OF AN AFFORDABLE RENTAL
HOUSING PROJECT ON THE SITE, AND (2) MAKING CERTAIN
FINDINGS WITH RESPECT TO THE DISPOSITION OF SUCH
WHEREAS, the CIC is engaged in activities necessary to carry out
and implement the Community Improvement Plan for the Business and
Waterfront Improvement Project (the "BWIP and
WHEREAS, the CIC has adopted the five -year Implementation Plan
covering Fiscal Years 2009/10 2013/14 for the BWIP (the "Implementation
Plan and
WHEREAS, among other things, the Implementation Plan provides
for the implementation of certain activities necessary or appropriate to
carry out the objectives of the Community Improvement Plan in
accordance with Community Redevelopment Law of the State of California
(Health and Safety Code Section 33000 et seq.) CRL and
WHEREAS, the CIC owns certain real property within the City of
Alameda, commonly known as 2216 Lincoln Avenue (the "Site which is
outside the BWIP; and
WHEREAS, the Implementation Plan identified specific affordable
housing projects to be developed over the next five (5) years, including
development of a 19 -unit multifamily affordable rental housing on the Site;
and
WHEREAS, CIC staff has negotiated an Owner Participation
Agreement "OPA with the Housing Authority, Satellite Housing, and
HCEB, wherein Satellite Housing and HCEB (jointly, "Affordable Housing
Developer has agreed to develop, construct and operate a 19 -unit
multifamily affordable rental housing (the "Project on the Site, comprised
of eighteen (18) units for very -low income residents and one (1) unit for a
moderate income, resident manager; and
Resolutions #3 -A (8)
Joint CC CIC HABOC Mtg
1 -18 -11
WHEREAS, the OPA contemplates the CIC's disposition of the Site
to the Housing Authority by quitclaim deed (the "Quitclaim Deed and the
Housing Authority entering into a long -term ground lease with Affordable
Housing Developer for development and operation of the Project on the
Site pursuant to a lease option agreement (the "Lease Option
Agreement and
WHEREAS, pursuant to California Environmental Quality Act
(CEQA), the City, as the lead agency has undertaken the required
analysis of the environmental impacts of this project and based on its
independent judgment and based on substantial evidence in the record,
finds the project to be exempt from CEQA pursuant to California Public
Resources Code Sections 21159.21, 21159.23 (exemption for affordable
housing) and 21159.24 (Exemption for infill affordable housing), as well as
CEQA Guidelines Section 15332 (infill development projects).
Furthermore, the project does not trigger any of the exceptions in CEQA
Guidelines section 15300.2 in that the project will not have any significant
effects due to unusual circumstances or any cumulatively significant
impacts and will not adversely impact any designated historic resources;
and
WHEREAS, pursuant to CRL section 33433, a summary report
pertaining to the conveyance of the Site dated December 2010 "Summary
Report was prepared, which is attached to the staff report for this action,
and is incorporated fully into this Resolution by this reference; and
WHEREAS, the CIC has made copies of the OPA (including the
Quitclaim Deed referenced therein), Lease Option Agreement, and the
Summary Report available for public inspection and copying no later than
the time of the first publication of the notice of the public hearing; and
WHEREAS, the Summary Report contains a summary which
describes and specifies all of the following:
(i) the costs to be incurred by the CIC under the OPA;
(ii) the estimated value of the interest to be conveyed,
determined at the highest and best use permitted under the
Implementation Plan;
(iii) the estimated value of the interest to be conveyed in
accordance with the uses, covenants, and development costs required by
the OPA;
(iv) an explanation of why the sale of the Site will assist in the
elimination of blight, with reference to all supporting facts and materials
relied upon in making this explanation;
(vi) an explanation of the difference between the compensation
to be paid to the CIC by the Housing Authority and the fair market value of
the Site at the highest and best use consistent with the Implementation
Plan; and
WHEREAS, in accordance with CRL section 33433, on January
18th, 2011, the CIC, the City Council, and the Housing Authority Board of
Commissioners held a joint public hearing to consider the approval of the
OPA (including the Quitclaim Deed referenced therein), the Lease Option
Agreement, and related documents, after publishing notice of the public
hearing in accordance with CRL section 33433; and
WHEREAS, the City Council believes the OPA and the Quitclaim
Deed are in the best interests of the BWIP, the City of Alameda and the
health, safety, morals and welfare of its residents, and in accord with the
public purposes and provisions of applicable sate and local law and
requirements; and
WHEREAS, the City Council has considered any written evidence
and /or testimony received in support of or in opposition to the OPA
(including the Quitclaim Deed referenced therein), the Lease Option
Agreement, and the Summary Report, as well as the entire record
prepared by the CIC and City staff.
NOW, THEREFORE BE IT RESOLVED, by the City Council, as
follows:
1. That the City Council hereby finds and determines that all
recitals set forth in this Resolution are true and correct and fully
incorporated herein by this reference.
2. That the City Council has reviewed and approves the
Summary Report.
3. That the City Council finds and determines that the
consideration to be received by the CIC for the sale of the Site is not less
than fair reuse value at the use and with the covenants and conditions and
development costs authorized by the OPA and the Lease Option
Agreement, among other reasons, the reasons set forth in Sections III
through V of the Summary Report.
4. That the City Council finds and determines that the sale of
the Site will assist in the elimination of blight or provide housing for low
income or moderate- income persons, for, among other reasons, the
reasons set forth in Section VI of the Summary Report.
5. That the City Council finds and determines that the sale of
the Site and the development of the Site in accordance with the OPA, the
Quitclaim Deed, and Lease Option Agreement, are consistent with the
Implementation Plan.
6. That the City Council hereby approves the sale of the Site to
the Housing Authority in accordance with the OPA and the Quitclaim Deed
referenced therein.
I, the undersigned, hereby certify that the foregoing Resolution was
duly and regularly adopted and passed by the Council of the City of
Alameda in a Special Joint Meeting of the Community Improvement
Commission, the Housing Authority Board of Commissioners and the
Council of the City of Alameda assembled on the 18th day of January,
2011, 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 19th day of January, 2011.
Lara Weisiger, City Clerk
City of Alameda
COMMUNITY IMPROVEMENT COMMISSION
OF THE CITY OF ALAMEDA RESOLUTION NO. 11-
APPROVING (1) AN OWNER PARTICIPATION AGREEMENT "OPA FOR
DEVELOPMENT OF AFFORDABLE RENTAL HOUSING, AND (2) THE
E DISPOSITION OF CERTAIN PROPERTY OWNED BY THE COMMUNITY
0 (1
-6 IMPROVEMENT COMMISSION OF THE CITY OF ALAMEDA "CIC AT NOT
LESS THAN ITS FAIR REUSE VALUE IN CONNECTION WITH
DEVELOPMENT OF AN AFFORDABLE RENTAL HOUSING PROJECT ON
M THE SITE, (3) MAKING CERTAIN FINDINGS WITH RESPECT TO THE
DISPOSITION OF SUCH PROPERTY, AND (4) AUTHORIZING THE ACTING
EXECUTIVE DIRECTOR TO EXECUTE THE OPA AND A QUITCLAIM DEED
TO CONVEY SUCH PROPERTY TO THE HOUSING AUTHORITY OF THE
CITY OF ALAMEDA "HOUSING AUTHORITY
WHEREAS, the CIC is engaged in activities necessary to carry out and
implement the Community Improvement Plan for the Business and Waterfront
Improvement Project (the "BWIP and
WHEREAS, the CIC has adopted the five -year Implementation Plan
covering Fiscal Years 2009/10 2013/14 for the BWIP (the "Implementation
Plan and
WHEREAS, among other things, the Implementation Plan provides for
the implementation of certain activities necessary or appropriate to carry out the
objectives of the Community Improvement Plan in accordance with Community
Redevelopment Law of the State of California (Health and Safety Code
Section 33000 et seq.) CRL and
WHEREAS, the CIC owns certain real property within the City of
Alameda, commonly known as 2216 Lincoln Avenue (the "Site which is
outside the BWIP; and
WHEREAS, the Implementation Plan identified specific affordable
housing projects to be developed over the next five (5) years, including
development of a 19 -unit multifamily affordable rental housing on the Site; and
WHEREAS, CIC staff has negotiated an Owner Participation Agreement
"OPA with the Housing Authority, Satellite Housing, Inc. Satellite Housing
and Housing Consortium of the East Bay "HCEB wherein Satellite Housing
and HCEB (jointly, "Affordable Housing Developer has agreed to develop,
construct and operate a 19 -unit multifamily affordable rental housing (the
"Project on the Site, comprised of eighteen (18) units for very -low income
residents and one (1) unit for a moderate income, resident manager; and
WHEREAS, the OPA contemplates the CIC's disposition of the Site to
the Housing Authority by quitclaim deed (the "Quitclaim Deed and the Housing
Authority entering into a ground lease with Affordable Housing Developer to
facilitate development and operation of the Project on the Site; and
WHEREAS, pursuant to California Environmental Quality Act (CEQA),
the City, as the lead agency has undertaken the required analysis of the
environmental impacts of this project and based on its independent judgment
and based on substantial evidence in the record, finds the project to be exempt
from CEQA pursuant to California Public Resources Code` Sections 21159.21,
21159.23 (exemption for affordable housing) and 21159.24 (exemption for infill
affordable housing), as well as CEQA Guidelines section 15332 (infill
development projects). Furthermore, the project does not trigger any of the
exceptions in CEQA Guidelines section 15300.2 in that the project will not have
any significant effects due to unusual circumstances or any cumulatively
significant impacts and will not adversely impact any designated historic
resources; and
WHEREAS, pursuant to CRL section 33433, a summary report
pertaining to the conveyance of the Site dated December 2010 "Summary
Report was prepared, which is attached to the CIC staff report for this action,
and is incorporated fully into this Resolution by this reference; and
WHEREAS, the CIC has made copies of the OPA, (including the
Quitclaim Deed referenced therein), a lease option agreement (the "Lease
Option Agreement and the Summary Report available for public inspection
and copying no later than the time of the first publication of the notice of the
public hearing; and
WHEREAS, the Summary Report contains a summary which describes
and specifies all of the following:
(i) the costs to be incurred by the CIC under the OPA;
(ii) the estimated value of the interest to be conveyed, determined at
the highest and best use permitted under the Implementation plan;
(iii) the estimated value of the interest to be conveyed in accordance
with the uses, covenants, and development costs required by the OPA;
(iv) an explanation of why the sale of the Site will assist in the
elimination of blight, with reference to all supporting facts and materials relied
upon in making this explanation;
(vi) an explanation of the difference between the compensation to be
paid to the CIC by the Housing Authority and the fair market value of the Site at
the highest and best use consistent with the Implementation Plan; and
WHEREAS, in accordance with CRL section 33433, on January 18,
2011, the CIC, the City Council, and the Housing Authority Board of
Commissioners held a joint public hearing to consider the approval of the OPA,
(including the Quitclaim Deed referenced therein), the Lease Option
Agreement, and related documents, after publishing notice of the public hearing
in accordance with CRL section 33433; and
WHEREAS, the CIC believes the OPA and the Quitclaim Deed are in the
best interests of the BWIP, the City of Alameda and the health, safety, morals
and welfare of its residents, and in accord with the public purposes and
provisions of applicable sate and local law and requirements; and
WHEREAS, the CIC has considered any written evidence and /or
testimony received in support of or in opposition to the OPA, the Quitclaim
Deed, and the Summary Report, as well as the entire record prepared by the
CIC and City staff.
NOW, THEREFORE BE IT RESOLVED, by the CIC as follows
1 That the CIC hereby finds and determines that all recitals set forth
in this Resolution are true and correct and fully incorporated herein by this
reference.
2. That the CIC has reviewed and approves the Summary Report.
3. That the CIC finds and determines that the consideration to be
received by the CIC for the sale of the Site is not less than fair reuse value at
the use and with the covenants and conditions and development costs
authorized by the OPA, the Lease Option Agreement, and the Quitclaim Deed,
for among other reasons, the reasons set forth in Sections III through V of the
Summary Report.
4. That the CIC finds and determines that the sale of the Site will
assist in the elimination of blight or provide housing for low- income or
moderate income persons, for, among other reasons, the reasons set forth in
Section VI of the Summary Report.
5. That the CIC finds and determines that the sale of the Site and the
development of the Site in accordance with the OPA, (including the Quitclaim
Deed referenced therein), are consistent with the Implementation Plan.
6. That the CIC hereby approves the sale of the Site to the Housing
Authority in accordance with the OPA and the Quitclaim Deed.
7. That the CIC hereby approves the OPA, and all exhibits thereto,
and the Quitclaim Deed, using its own independent judgment.
BE IT FURTHER RESOLVED, that the CIC hereby authorizes the Acting
Executive Director to enter into and execute the OPA and the Quitclaim Deed
conveying the Site to the Housing Authority, subject to any minor conforming,
technical or clarifying changes approved by the Acting Executive Director and
CIC counsel. The Acting Executive Director is hereby further authorized an
directed to take such further actions and execute such other documents as are
necessary to carry out and implement the OPA and this Resolution and to
administer the CIC's obligations, responsibilities and duties to be performed
under the OPA and this Resolution. The Acting Executive Director and
Secretary of the CIC are hereby further authorized and directed to take such
further actions and execute and record such documents as are necessary to
convey the Site to the Housing Authority.
I, the undersigned, hereby certify that the foregoing Resolution was duly
and regularly adopted and passed by the Community Improvement Commission
of the City of Alameda in a Special Joint Meeting of the Community
Improvement Commission, the Housing Authority Board of Commissioners and
the City Council on the day of 2011, 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 Commission this day of 1 2011.
Lara Weisiger, Secretary
Community Improvement Commission
Marie Gilmore, Chair
Community Improvement Commission
HOUSING AUTHORITY OF THE CITY OF ALAMEDA
RESOLUTION NO.
r:
s
e
AUTHORIZING THE ACTING CHIEF EXECUTIVE OFFICER TO
EXECUTE (1) AN OWNER PARTICIPATION AGREEMENT
AMONG THE HOUSING AUTHORITY OF THE CITY OF
ALAMEDA "HOUSING AUTHORITY COMMUNITY
IMPROVEMENT COMMISSION OF THE CITY OF ALAMEDA
"CIC AND SATELLITE HOUSING, INC. "SATELLITE
HOUSING AND HOUSING CONSORTIUM OF THE EAST BAY
"HCEB (2) A LEASE OPTION AGREEMENT AMONG THE
HOUSING AUTHORITY, SATELLITE HOUSING AND HCEB,
AND (3) TO ACCEPT A QUITCLAIM DEED FROM THE CIC FOR
THE PROJECT SITE
WHEREAS, the CIC is engaged in activities necessary to carry out and
implement the Community Improvement Plan for the Business and Waterfront
Improvement Project (the "BWIP and
WHEREAS, the CIC has adopted the five -year Implementation Plan
covering Fiscal Years 2009/10 2013/14 for the BWIP (the "Implementation
Plan"), and
WHEREAS, the CIC owns certain real property within the City of
Alameda, commonly known as 2216 Lincoln Avenue (the "Site which is
outside the BWIP; and
WHEREAS, the Implementation Plan identified specific affordable
housing projects to be developed over the next five (5) years, including
development of a 19 -unit multifamily affordable rental housing on the Site; and
WHEREAS, on September 15, 2010, the Housing Commission selected
Satellite Housing, Inc. "Satellite Housing and Housing Consortium of the
East Bay "HCEB as the co- developers of the Project (as defined below); and
WHEREAS, CIC staff has negotiated an Owner Participation Agreement
"OPA with the Housing Authority, Satellite Housing, and HCEB, wherein
Satellite Housing and HCEB (jointly, "Affordable Housing Developer has
agreed to develop, construct and operate a 19 -unit multifamily affordable rental
housing (the "Project on the Site, comprised of eighteen (18) units for very -low
income residents and one (1) unit for a moderate income, resident manager;
and
WHEREAS, the OPA contemplates the CIC's disposition of the Site to
the Housing Authority by quitclaim deed (the "Quitclaim Deed and the Housing
Authority entering into a ground lease with Affordable Housing Developer to
facilitate development and operation of the Project on the Site; and
WHEREAS, Housing Authority staff has negotiated a lease option
agreement (the "Lease Option Agreement with Affordable Housing Developer,
which, among other things, grants an option for a 75 year lease of the Site for
development and operation of the Project on the Site; and
WHEREAS, pursuant to California Environmental Quality Act (CEQA),
the City, as the lead agency has undertaken the required analysis of the
environmental impacts of this project and based on its independent judgment
and based on substantial evidence in the record, finds the project to be exempt
from CEQA pursuant to California Public Resources Code Sections 21159.21,
21159.23 (exemption for affordable housing) and 21159.24 (exemption for infill
affordable housing) as well as CEQA Guideline section 15332 (infill
development projects). Furthermore, the project does not trigger any of the
exceptions in CEQA Guidelines section 15300.2 in that the project will not have
any significant effects due to unusual circumstances or any cumulatively
significant impacts and will not adversely impact any designated historic
resources.
WHEREAS, on January 18, 2011, the CIC authorized use of BWIP
Housing Funds in an amount not to exceed $1,400,000. The funds will be
provided to Affordable Housing Developer in the form of a non recourse
deferred loan secured by a deed of trust for a period of 59 years at 3% interest.
The CIC further authorized the Executive Director or his or her designee to
execute the necessary documents related to the transaction; and
WHEREAS, the purpose of the OPA is to address the development of
the Project and the development of the Project is in furtherance of and
consistent with the Implementation Plan; and
WHEREAS, to facilitate development of the Project on the Site it is
necessary for the Housing Authority to accept conveyance of the Quitclaim
Deed from the CIC; and
WHEREAS, on January 18, 2011, the CIC, the City Council of the City of
Alameda, and the Housing Authority Board of Commissioners held a joint public
hearing to consider the approval of the OPA, (including the Quitclaim Deed
referenced therein), t he Lease Option Agreement and related documents,
after publishing notice of the public hearing as required by law, and heard all
interested persons expressing a desire to comment thereon or object thereto,
and considered the OPA, Quitclaim Deed, Lease Option Agreement, and
related documents; and
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Commissioners hereby approves the OPA, and all exhibits thereto, the
I
Quitclaim Deed, and the Lease Option Agreement, using its own independent
judgment.
BE IT FURTHER RESOLVED, that the Board of Commissioners hereby
authorizes the Acting Chief Executive Officer to enter into the OPA and the
Lease Option Agreement (both on file in the Office of the City Clerk and in the
Housing Authority's public reference binder) substantially in the form and
containing the terms and conditions and covenants as set out in the OPA and
Lease Option Agreement subject to any minor conforming, technical or
clarifying changes approved by the Acting Chief Executive Officer and Housing
Authority counsel. The Acting Chief Executive Officer is hereby further
authorized an directed to take such further actions and execute such other
documents as are necessary to carry out and implement the OPA and the
Lease Option Agreement and to administer the Housing Authority's obligations,
responsibilities and duties to be 'performed under the OPA and Lease Option
Agreement, including execution of the 75 year lease contemplated therein. The
Acting Chief Executive Officer and Secretary of the Housing Authority are
hereby further authorized and directed to take such further actions and execute
and record such documents as are necessary to accept the Quitclaim Deed of
the Site from the CIC.
ATTEST:
Michael T. Pucci
Executive Director /Secretary
IZO
Date:
Marie Gilmore, Chair
Board of Commissioners
3
COMMUNITY IMPROVEMENT COMMISSION
OF THE CITY OF ALAMEDA RESOLUTION NO. 11-
WHEREAS, the property subject to the Community Improvement Plan is
referred to herein as the "Project Area"; and
WHEREAS, the Commission adopted Resolution No. 10-167 on June
15, 2010, approving and adopting the "Implementation Plan, Fiscal Years
2009/10-2013/14, Alameda Redevelopment Project Areas: Business and
Waterfront Improvement Project West End Community Improvement Project",
dated March 2010 (the "Implementation Plan"); and
WHEREAS, the Implementation Plan identified specific affordable
housing projects to be developed over the next five (5) years in the Project
Area, which includes development of a 19-unit multifamily affordable rental
housing on property located in the City of Alameda, commonly known as 2216
Lincoln Avenue (the "Property"), which the Implementation Plan identified as
located outside the Project Area; and
WHEREAS, Section 33334.2(a) of the Redevelopment Law requires that
not less than twenty percent (20%) of all taxes allocated to a redevelopment
agency from a redevelopment project ("Housing Funds") be used for the
purpose of increasing, improving, and preserving the community's supply of
low- and moderate-income housing at affordable costs; and
WHEREAS, Section 33334.2(g) of the Redevelopment Law provides that
the Commission may use Housing Funds outside a project area if a finding is
APPROVING THE USE OF HOUSING FUNDS TO PAY A PORTION OF THE
COSTS OF DEVELOPMENT OF A 19-UNIT AFFORDABLE RENTAL
E
PROJECT WITHIN THE CITY OF ALAMEDA ON CERTAIN PROPERTY
COMMONLY KNOWN AS 2216 LINCOLN AVENUE
rn
WHEREAS, in accordance with the Community Redevelopment Law of
the State of California (Health and Safety Code Section 33000 et seq.)
r_
CD
("Redevelopment Law"), the City Council adopted Ordinance No. 2559 on June
18, 1991, approving and adopting the Community Improvement Plan, as
subsequently amended on December 6, 1994 by Ordinance No. 2681 (First
Amendment), on June 6, 2000 by Ordinance No. 2835 (Second Amendment),
on September 19, 2000 by Ordinance No. 2844 (Third Amendment), on April
17, 2001 by Ordinance No. 2857 (Fourth Amendment), on April 1, 2003 by
Ordinance No. 2896 (Fifth Amendment), on November 4, 2003 by Ordinance
No. 2910 (Sixth Amendment), on January 2, 2006 by Ordinance No. 2956
(Seventh Amendment), on February 20, 2007 by Ordinance No. 2963 (Eighth
Amendment), and on July 21, 2009 by Ordinance No. 2999 (Ninth Amendment),
for the Business and Waterfront Improvement Project (the "BWIP"); and
WHEREAS, the property subject to the Community Improvement Plan is
referred to herein as the "Project Area"; and
WHEREAS, the Commission adopted Resolution No. 10-167 on June
15, 2010, approving and adopting the "Implementation Plan, Fiscal Years
2009/10-2013/14, Alameda Redevelopment Project Areas: Business and
Waterfront Improvement Project West End Community Improvement Project",
dated March 2010 (the "Implementation Plan"); and
WHEREAS, the Implementation Plan identified specific affordable
housing projects to be developed over the next five (5) years in the Project
Area, which includes development of a 19-unit multifamily affordable rental
housing on property located in the City of Alameda, commonly known as 2216
Lincoln Avenue (the "Property"), which the Implementation Plan identified as
located outside the Project Area; and
WHEREAS, Section 33334.2(a) of the Redevelopment Law requires that
not less than twenty percent (20%) of all taxes allocated to a redevelopment
agency from a redevelopment project ("Housing Funds") be used for the
purpose of increasing, improving, and preserving the community's supply of
low- and moderate-income housing at affordable costs; and
WHEREAS, Section 33334.2(g) of the Redevelopment Law provides that
the Commission may use Housing Funds outside a project area if a finding is
made by resolution of the Commission and the City Council that such use will
be of benefit to the project; and
WHEREAS, the City adopted Resolution No. 13578 on May 6, 2003,
approving the use of Housing Funds from the Project Area "for the purpose of
increasing, improving and preserving the community's supply of low and
moderate income housing available at affordable housing cost outside the
Project Area will be of benefit to the [BWIP] and
WHEREAS, the Commission adopted Resolution No. 03 -112 on
April 7, 2003, approving the use of Housing Funds from the Project Area
outside the BWIP will be for the benefit of the BWIP; and
WHEREAS, the Commission has been designated as the official
redevelopment agency to carry out in the City of Alameda the functions and
requirements of Redevelopment Law and to implement the Community
Improvement Plan and Implementation Plan; and
WHEREAS, Section 33071 of the Redevelopment Law declares that a
fundamental purpose of redevelopment is to expand the supply of low- and
moderate- income housing; and
WHEREAS, the Commission desires to provide for the construction of a
19 -unit affordable rental project on the Property, and
WHEREAS, pursuant to California Environmental Quality Act (CEQA),
the City, as the lead agency has undertaken the required analysis of the
environmental impacts of this project and based on its independent judgment
and based on substantial evidence in the record, the City finds the project to be
exempt from CEQA pursuant to California Public Resources Code Sections
21159.21, 21159.23 (exemption for affordable housing) and 21159.24
(exemption for infill affordable housing), as well as CEQA Guidelines Section
15332 (infill development projects). Furthermore, the project does not trigger
any of the exceptions in CEQA Guidelines section 15300.2 in that the project
will not have any significant effects due to unusual circumstances or any
cumulatively significant impacts and will not adversely impact any designated
historic resources.
NOW, THEREFORE BE IT RESOLVED, that the Commission hereby
authorizes use of Housing Funds from the Project Area in an amount not to
exceed One Million Four Hundred Thousand Dollars ($1,400,000) that will be
provided to a nonprofit affordable housing developer to be used solely for
development of the 19 -unit affordable rental housing project on the Property.
Other funding that is committed to the project may reduce the Commission's
funding obligation for the 19 -unit project accordingly.
BE IT FURTHER RESOLVED, that the Commission hereby authorizes
the Acting Executive Director or her designee to take such further actions and
execute and such necessary documents related to this loan transaction.
1, the undersigned, hereby certify that the foregoing Resolution was duly
and regularly adopted and passed by the Community Improvement Commission
of the City of Alameda in a Special Joint Meeting of the Community
Improvement Commission, the Housing Authority Board of Commissioners and
the City Council on the 18th day of January, 2011, 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 Commission this 19th day of January, 2011.
Lara Weisiger, Secretary
Community Improvement Commission
Marie Gilmore, Chair
Community Improvement Commission
UNAPPROVED
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY- -JANUARY 4, 2011- -6:00 P.M.
Mayor Gilmore convened the meeting at 6:10 p.m.
Roll Call Present: Councilmembers Bonta, deHaan, Johnson, Tam and Mayor
Gilmore 5.
Absent: None.
The meeting was adjourned to Closed Session to consider:
(11- Conference with Labor Negotiators; Agency negotiators: Joe Wiley and Human
Resources Director; Employee organizations: Alameda Fire Managers Association,
Alameda Police Managers Association, Alameda Police Officers Association, and
International Association of Fire Fighters
Following the closed session, the meeting was reconvened and Mayor Gilmore
announced that the labor negotiators gave a presentation to Council; Council provided
direction.
Mayor Gilmore called a recess at 7:18 p.m. and reconvened the meeting at 11:45 p.m.
(11- Liability Claim (54956.95) Workers' Compensation Claim; Claimant: Matthew
Petty; Agency Claimed Against: City of Alameda
Following the closed session, meeting was reconvened and Mayor Gilmore announced
Council was briefed on the matter and provided direction.
Adjournment
There being no further business, Mayor Gilmore adjourned the meeting at 12:00 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
January 4, 2011
MINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- JANUARY 4,2011- -7:00 P.M.
Mayor Gilmore convened the meeting at 7:28 p.m. Vice Mayor Bonta led the Pledge of
Allegiance.
ROLL CALL Present: Councilmembers Bonta, deHaan, Johnson, Tam and
Mayor Gilmore 5.
Absent: None.
AGENDA CHANGES
-003 Mayor Gilmore announced that the Resolution Supporting Measure A
[paragraph no. 11 -015 would be addressed first under Regular Agenda Items.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY ANNOUNCEMENTS
-004 Proclamation Declaring January 4, 2011 as Encinal Jets Day
Mayor Gilmore read and presented the proclamation to Coach Joe Tenorio and
members of the football team.
-005 Proclamation Declaring January as National Blood Donor Month
Mayor Gilmore read and presented the proclamation to Lisa Eversol, Donor Recruitment
Account Manager.
Ms. Eversol thanked the Council for the proclamation; stated approximately 1,100 units
of blood were collected last year; the next blood drive will be at St. Barnabus Church
and School on Saturday, January 22, 2011.
Speaker Michael _john Torrey, Alameda.
-006 Presentation by Water Emergency Transit Authority (WETA) on Ferry Service
Fares
John Sindzinski, WETA Manager Planning and Development, gave a Power Point
presentation.
-007 Presentation of the Sunshine Task Force Proposed Sunshine and Campaign
Finance Reform Ordinances
The Acting City Manager gave a brief presentation,
Speakers Karen Butter, League of Women Voters (submitted letter); John Knox White,
Regular Meeting
Alameda City Council 1
January 4, 2011
Sunshine Task Force; Gretchen Lipow, Sunshine Task Force; and Adam Gillitt,
Alameda.
Following Ms. Lipow's comment's, Councilmember Johnson inquired whether the
Sunshine Task Force has reviewed local control of determining what is considered to be
campaign material; stated SunCal spent millions of dollars on materials which they
consider not to be campaign material.
Mr. Knox White responded the courts have stated that the City has no control on how
money is spent.
Councilmember Johnson stated a local process should be established; disclosure
should be required.
Mr. Knox White stated the federal tax code drives the issue.
Councilmember Johnson requested an opinion from the Acting City Attorney.
Councilmember deHaan stated understanding the impacts of money coming from public
corporations would be helpful.
Councilmember Johnson stated filings are required for election materials; a local
process should be established for determining what qualifies as election material.
Mayor Gilmore stated nothing would be adopted tonight; the matter would come back
for more input and public discussion at a later date; thanked the Sunshine Task Force
for doing an amazing amount of work in a short period of time; stated topics are not
simple; that she would like to see an analysis of how the ordinance is more restrictive
than the Brown Act and differs from the current practice; she is interested in a practical
view of the issue, particularly from the City Clerk's office.
Councilmember deHaan stated sometimes a lead person from a group is given more
time to speak; inquired whether the Sunshine Task Force addressed the issue.
Ms. Lipow responded the intent is not to have a person speak for more than fifteen
minutes; stated the proposed ordinance may not be clear on the matter.
Councilmember deHaan inquired whether concerns were raised regarding Closed
Session electronic recording.
Mayor Gilmore and Councilmember Tam responded the issue is included in the
proposed ordinance.
Councilmember Tam thanked the Sunshine Task Force; stated the scope expanded;
that she likes the recommendations regarding finding ways to maximize access,
particularly in allowing people to speak ahead of time on items not on the agenda; she
Regular Meeting
Alameda City Council 2
January 4, 2011
likes the idea of document access, which includes an index to ensure accessibility for
the community; Closed Sessions are not audio or video recorded; Closed Sessions
become open sessions after a period of time except for litigation matters; she would like
to understand how State law addresses audio and video recordings; understanding
whether Council would have some discretion to improve independent expenditure
campaign disclosure that may not be completely defined by federal law would be
helpful, particularly regarding outside funding and last minute expenditures by Political
Acton Committees and groups.
Councilmember Johnson inquired whether a process could be set up for residents to file
allegations or complaints for local Brown Act violations.
Mayor Gilmore and Councilmember Tam responded the matter is addressed in the
proposed ordinance.
Mayor Gilmore stated Section 2.13 addresses barriers to attendance; that she agrees
with the concept of not having meetings go past 11:00 p.m.; however, in the past,
people have wanted to address items of interest; some thought should be given to the
issue; the proposed ordinance addresses requiring a majority to call special meetings;
inquired whether having a majority getting together and acting on a matter would be a
Brown Act issue.
Vice Mayor Bonta thanked the Sunshine Task Force for the comprehensive documents;
stated having a cheat sheet showing current regulations compared to what is proposed
would be helpful; that he has concerns regarding limited release of audio and video of
Closed Sessions; the attorney client privilege should not be waived for litigation matters;
that he agrees with the concept of disclosure and transparency; however, the City
should be protected; the election period is not described clearly; inquired whether a few
more months [to address campaign debt] could be added after an election.
Councilmember deHaan stated that he concurs with the legality of Closed Sessions;
however, having a record is a benefit for Council to understand what has transpired.
The Acting City Attorney stated notes are taken and become public; an audio and video
process would be treated the same way.
Councilmember Johnson inquired whether a person has a time limit to file a complaint
on Brown Act violations.
The Acting City Attorney responded different remedies are available; stated a Demand
to Cure has a 30 -90 day time limit.
Councilmember Johnson requested the Acting City Attorney to review Section 4.2 to
determine whether 30 days makes sense given other time requirements.
CONSENT CALENDAR
Regular Meeting
Alameda City Council 3
January 4, 2011
Mayor Gilmore announced that the Minutes [paragraph no. 11 -008 were removed from
the Consent Calendar for discussion.
Councilmember Tam moved approval of the remainder of the Consent Calendar.
Councilmember deHaan seconded the motion, which carried by unanimous voice vote
5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph
number.]
-008 Minutes of the Special Joint City Council and Community Improvement
Commission Meeting, and the Regular City Council Meeting Held on December 21,
2010; and the Special City Council Meeting Held on December 28, 2010. Approved.
Councilmember Tam moved approval of the minutes.
Councilmember deHaan seconded the motion, which carried by unanimous voice vote
and Vice Mayor Bonta abstained from voting on the December 21, 2010 Joint meeting.
*11 -009 Ratified bills in the amount of $2,228,477.08.
*11 -010 Recommendation to Approve an Amendment to an Agreement with Holland
Knight, LLP to Add $24,000 to the Budget for Federal Legislative Advocacy Services for
Alameda Point. Accepted.
*11 -011 Recommendation to Authorize the Interim City Manger to Amend a
Memorandum of Understanding with the Alameda County Congestion Management
Agency to Allocate Additional Funds in the Amount of $528,000 for the Implementation
of the Webster Street Smart Corridor Management Project for a Total Amount of
$1,638,000, and to Execute all Necessary Documents to Implement the Project.
Accepted.
*11 -012 Resolution No. 14536 "Ordering Vacation of Two Existing Power Easements
and One Existing Public Utility Easement, Within Parcel 2 of Parcel Map 2542, and
Recordation of Quitclaim (Alameda Towne Centre)." Adopted.
*11 -013 Resolution No. 14537 "Superceding and Rescinding Resolution 14032
Designating the Person to Perform the Duties of the City Manager in the Event of His or
Her Absence or Disability." Adopted.
CITY MANAGER COMMUNICATIONS
-014 Notice for Proposed Modifications to the City of Alameda's Private Sewer
Lateral Ordinance
The Public Works Director and the Assistant Engineer gave a Power Point presentation.
Regular Meeting
Alameda City Council 4
January 4, 2011
Councilmember Johnson inquired whether another test would be required if testing was
performed for a significant remodel and shortly thereafter, the property is sold.
The Assistant Engineer responded in the negative; stated certification would be good for
twenty -five years.
Councilmember Tam requested clarification on the Private Sewer Lateral (PSL),
overflows, and wet whether projects.
The Public Works Director stated the City provides a sewage collection system to the
East Bay Municipal Utility District (EBMUD); EBMUD treats the sewage; the previous
Clean Water Act interpretation allowed EBMUD to discharge partially treated sewage
into the Bay during wet weather; the new interpretation does not; many of the City's
sewers are close to 100 years old; joints are disconnecting and cracking; water goes
into pipes through the cracks; rain water gets into sewers; EBMUD's treatment is not
sized for treating the incoming sewage infill and infiltration (I 1); the Environmental
Protection Agency (EPA) asked EBMUD to stop discharging into the Bay; the EPA
thought the most cost effective way would be to have each of the seven satellite
agencies review ways to reduce I I; the City has completed all I I programs; the
EPA has requested EBMUD to perform flow monitoring and to have $2 million available
annually for lateral repairs.
Vice Mayor Bonta stated the City's proposal would not be less restrictive; the City has
certification for twenty -five years versus EBMUD's certification for twenty years; the City
would require condominiums to be tested every twenty -five years versus EBMUD's ten
year requirement; inquired whether the City's proposal would be on safe ground.
The Assistant Engineer responded the EPA has not commented on the City's
application.
The Public Works Director stated the EPA's initial impression is that the City's proposal
should be acceptable; the EPA's concern is lower lateral repairs.
REGULAR AGENDA ITEMS
-015 Resolution No.14538 "Supporting Measure A, the Alameda Unified School
District Replacement Education Parcel Tax." Adopted.
The Acting City Manager gave a brief presentation.
Mayor Gilmore stated Council has always been steadfast in supporting schools and
realizing that the School District's financial difficulties are a community issue; the
community needs to come together to support the schools.
Speakers Mike McMahon, School Board; Margie Sherratt, School Board; and David
Regular Meeting
Alameda City Council 55
January 4, 2011
Howard, Alameda.
Vice Mayor Bonta stated the parcel tax is important to everyone; a parcel tax is not the
perfect tool to generate revenue but is the chief form of self help available; that he
appreciates the process in putting a new structure together; the way in which the State
funds schools has major fundamental structure problems; Alameda resident, Michael
Robles -Wong, is the main plaintiff in the Robles -Wong litigation which seeks to get fair
funding from the State for the community; that his [Vice Mayor Banta's] two daughters
are name plaintiffs in the Robles -Wong lawsuit.
Councilmember Tam stated Alameda has a long history of being self sufficient;
structural problems exist at the State level and have direct impacts on school funding;
school closures, increasing class size, and transporting students across town and
increased traffic have significant community impacts; the School District is at the mercy
of the State for its funding; the parcel tax would provide some control at the local level
that the State would not be able to take away; efforts made by the Alameda Business
Alliance and endorsements by the West Alameda Business Association (WABA) and
Chamber of Commerce have helped in the likelihood of the parcel tax succeeding;
encouraged the Council to support the resolution.
Mayor Gilmore stated that she appreciates WABA and the Chamber of Commerce
endorsing the parcel tax; additional taxes are in nobody's best interest except for the
children; times are difficult; the parcel tax is important for the kids and the community.
Vice Mayor Bonta moved adoption of the Resolution.
Councilmember Tam seconded the motion, which carried by unanimous voice vote 5.
-016 Resolution No. 14539 "Authorizing the Acting City Manager to Apply for
Annexation into the Alameda County Emergency Medical Services Special District and
Authorize the Interim City Manager to Initiate a Special Tax Election to Provide
Financial Support for Annexation into the District." Adopted.
The Senior Management Analyst gave a Power Point presentation.
Councilmember Tam left the dais at 9:02 p.m. and returned at 9:04 p.m.
Mayor Gilmore stated money would need to come out of the General Fund without a
funding mechanism; previous discussions have included the County taking over the
City's transports, but the City would still need to pay the County $857,831 [annually]; the
question is whether the financing mechanism would be the General Fund or a special
tax.
Vice Mayor Bonta inquired what would be the tax per parcel.
Regular Meeting
Alameda City Council 6
January 4, 2011
The Senior Management Analyst responded approximately $27.00 per parcel; stated
benefit unit calculations would be associated with the parcel.
Councilmember Johnson stated the tax would help sustain trauma centers in Alameda
County.
In response to Councilmember deHaan's inquiry, the Acting Fire Chief stated first
responder money [$43,500 per unit] coming to the City from the Emergency Medical
Services (EMS) District would be new money; the new money would be applied to
arrears owed to the County; paying back arrears would take approximately fifteen years.
The Senior Management Analyst continued the presentation.
Councilmember Johnson stated the previous Council direction was related to Option 5
[annex into EMS District and assume the EMS District has the authority to levy the tax]..
The Acting City Manager stated staff believes Option 5 is a risky strategy because
residents would not have the opportunity to vote on the tax.
The Acting City Attorney stated a memo could be provided to Council on the matter.
Councilmember Tam stated that she concurs with Councilmember Johnson; Council
directed staff to run the trap line on the Local Agency Formation Commission LAFCO)
process; residents voted to include Advanced Life Support (ALS) service in 1983;
Alameda is the only city in Alameda County that is not part of the EMS District; the tax
would be imposed as a condition of the annexation process.
Mayor Gilmore inquired whether the election process would be complete before the
LAFCO process, to which the Senior Management Analyst responded in the affirmative.
Mayor Gilmore inquired whether LAFCO could deny the application if there were no
funding mechanism, to which the Senior Management Analyst responded a certification
of completion, would not be provided.
The Acting City Manager stated everything would need to be done by August 2011 in
order to meet the November 2011 tax rolls; the next opportunity would be August 2012.
The Senior Management Analyst stated the City would be using the EMS District's
taxing authority under Option 5; the City would need to go through the State Board of
Equalization (BOE) approval process which has one deadline of December 1S the City
could use the LAFCO annexation process and use the protest process to test
community support; the City would not have any money until 2013 if Option 5 is chosen;
staff recommends Option 3 [annex into EMS District and pass a ballot measure levying
a special tax] in order to get financing in the most expeditious manner.
Regular Meeting
Alameda City Council 7
January 4, 2011
In response to Councilmember Tam's inquiry, the Senior Management Analyst stated by
using the City's own taxing authority versus the EMS District's taxing authority, the
annexation would be a simultaneous process to main consistency and parody with other
cities within the EMS District.
Councilmember Tam stated going through the LAFCO process would accomplish two
objectives with one process.
Mayor Gilmore inquired why the City would need to go through annexation if the same
thing could be accomplished with Option 2 [pass ballot measure levying a special tax].
The Senior Management Analyst responded all of the other cities are in the EMS
District; stated under Option 2, the City would continue to have contractual negotiations
with the County.
Vice Mayor Bonta inquired whether the BOE deadline is certain, to which the Senior
Management Analyst responded in the affirmative.
Councilmember Johnson stated Council did not know about the BOE process.
The Acting City Manager stated staff has dug deeper into the matter; staff believes that
Option 3 is the quickest option.
Vice Mayor Bonta inquired whether there would be two more City Council meetings at
which special tax resolutions could be adopted.
The Acting City Manager responded in the affirmative; stated the February 4 th deadline
would apply for a May election.
The Senior Management Analyst stated the LAFCO process has a two -month lead time;
the driver of the schedule would be using the City's own taxing authority; having a mail
ballot would get the tax on the tax rolls immediately.
The Acting City Manager stated Council could adopt the resolution to kick off the
LAFCO process; staff could come back to Council regarding the tax.
Councilmember Johnson stated that she wants to go forward with Option 5 in order to
get the whole process started.
Councilmember Tam moved approval of Option 5 [including adoption of the Resolution];
stated the annexation process through LAFCO could condition and levy the tax
according to what has been passed by the voters with respect to Measure C; election
costs would be saved; opportunities need to be maximized to run the trap line since the
City is planning on being part of the EMS District anyway; the City should take
advantage of the EMS District's [taxing] authority
Regular Meeting
Alameda City Council 8
January 4, 2011
The Senior Management Analyst stated Option 5 would mean that the City would have
to use money from next year's General Fund because the tax would not be on the tax
rolls until the following year.
Councilmember Johnson stated that staff should see whether the City could take
advantage of another BOE process.
Vice Mayor Bonta seconded the motion, including direction to have a briefing,
investigation and report on an expedited schedule with the BOE.
Mayor Gilmore summarized the motion to approve moving forward with the annexation,
instructing staff to have discussions with the State Board of Equalization regarding
expediting the process, and providing a legal opinion regarding the entire process.
The Acting City Manager stated the matter could come back at the February 1 St City
Council meeting or February 2 nd Alameda Reuse and Redevelopment Authority
Meeting.
On the call for the question, the motion carried by unanimous voice vote 5.
-017 Recommendation to Provide Input on the City Manager Recruitment Brochure
and Approve Designating a Council Subcommittee to Finalize the Brochure, Review
Applications and Select Candidates for Interviews.
The Human Resource Director gave a brief presentation.
Mayor Gilmore stated a sub committee was appointed on December 28 th tonight's
objective is to review the Request for Qualification (RFQ).
The Human Resources Director stated the [RFQ] brochure was developed by an
executive search firm six years ago; a similar brochure has been developed in house.
Mayor Gilmore stated a national search was conducted last time; some candidates were
from out of State; Council asked one candidate how objectives would be accomplished
without adequate funding; the out of State candidate responded that the matter has
never been an issue; inquired whether Council wants to encourage out of State
applicants this time.
Councilmember Johnson responded out of State applicants would take a long time to
get up to speed with California law; stated that she would prefer to focus on candidates
with California experience.
Councilmember deHaan stated California experience is important.
Councilmember Johnson stated having a very high knowledge of California law should
be made very clear; reference to the Library needs to be deleted; the brochure should
Regular Meeting
Alameda City Council 9
January 4, 2011
include maintenance and a long -term strategy for maintaining existing infrastructure and
assets; experience with bargaining and labor groups is important.
Councilmember deHaan stated information regarding the former Naval Base needs to
be updated.
Mayor Gilmore stated a lot has been accomplished in the last six years; the former
Naval Base needs to be described in different terms.
Councilmember Tam stated reference to cable TV and Internet needs to be eliminated.
Councilmember Johnson stated reference should be made to the redevelopment of the
Northern Waterfront.
Mayor Gilmore stated the snapshot of the City needs to be updated; the City no longer
has 675 full -time employees.
The Acting City Manager staff would work on community information; Council should
address the ideal candidate section.
Councilmember deHaan stated financial sustainability should be included.
Mayor Gilmore stated six years ago, Council was dead on with regard to the portrait of
the ideal candidate; she would like to add the ability to work cooperatively with Council
and staff and other like appointed official,; the ability to engage and seek input from the
public, and a demonstrated track record in terms of transparency and transparent
processes; inquired whether housing should be part of the package.
Councilmember Johnson responded not every city requires the City Manager to live in
the community; stated quality is more important than willingness to relocate to Alameda.
Vice Mayor Bonta stated living in Alameda should be encouraged but not required.
Councilmember Tam concurred with Vice Mayor Bonta; stated Council cannot legally
require residency.
Councilmember Johnson stated requiring someone to live in Alameda is very costly;
residency could be required through a contract.
Mayor Gilmore inquired whether Council would be willing to consider a candidate from
the private sector, to which Councilmember Johnson responded that she would.
Councilmember deHaan responded that he would; however, cities are unique; stated
private sector candidates should not be excluded.
Councilmember Johnson stated a private sector candidate would need to have a high
Regular Meeting
Alameda City Council 10
January 4, 2011
knowledge of the public sector.
Councilmember deHaan stated having a City Council differs from the private sector.
Councilmember Tam stated the skill set six years ago is the same today; the Council
thinks ahead and is the only City dealing with a retiree health care pension obligation;
having a City Manager who thinks in terms of succession planning and making Alameda
a desirable place to build a career for future generation of administrators is important.
Councilmember Johnson stated the most important, highest quality would be to have
the ability to deal with declining resources while maintaining and prioritizing service
levels; cuts have been made over the past couple of years which have not affected
service dramatically; revenues are continuing to decline; things will need to be
prioritized.
Mayor Gilmore stated working cooperatively with the Council and community in
understanding trade offs and what people are willing to pay for is important.
Councilmember deHaan stated conducting interviews in February seems aggressive.
The Human Resources Director stated [City Manager] recruitments usually take an
average of five months.
The Acting City Manager stated staff needs to work on page one of the brochure; the
sub committee needs to finalize what is needed for an ideal candidate; the timeframe is
short.
Councilmember Johnson inquired what the application timeframe would be.
The Human Resources Director responded normally, the timeframe is six weeks; stated
the timeframe would be cut.
Councilmember Johnson inquired why the timeframe would be cut; stated strong
applicants are needed.
The Human Resources Director stated that she is open to whatever Council wants to
do.
The Acting City Manager stated a specific review date could be given, but applications
could continue to be accepted.
Mayor Gilmore stated setting a deadline is important.
The Acting City Manager stated applicants would mostly likely get applications in [by the
date] in order not to lose out.
Regular Meeting
Alameda City Council 11
January 4, 2011
Mayor Gilmore stated recently, other cities have received a significant amount of
resumes; however, the amount does not speak to the quality.
The Human Resources Director stated San Carlos, San Rafael, San Ramon, and
Redwood City are recruiting for City Managers.
Speakers Kate Quick, Alameda; Jon Spangler, Alameda; and Gretchen Lipow,
Alameda.
Councilmember Johnson stated Councilmembers should be able to review all
applications.
The Acting City Manager stated applications could be on file in the City Manager's
office.
Vice Mayor Bonta inquired whether compensation would be specific or based on
experience and offer a generous benefit package.
The Acting City Manager responded compensation is usually based upon qualifications;
stated benefits are the same as other staff.
The Human Resources Director stated some benefits are non negotiable; the PERS
retirement formula is 2% at 55; the deferred compensation plan could offer more.
Councilmember deHaan stated that he would like to see standardization across the
board.
Councilmember Johnson stated the City Manager would be making less than some
Police Captains by using the compensation in the brochure.
Vice Mayor Bonta stated a salary survey could be conducted.
Councilmember deHaan stated the League of California Cities recently conducted a
salary survey.
The Acting City Manager stated the survey does not provide an apple to apples
comparison.
Mayor Gilmore stated as a policy several years ago, the Council decided that the City
Manager should be the highest paid employee because of the responsibility; Police
Captains are inching up; the topic is complicated and needs to be agendized for
discussion; the salary structure Citywide needs to be addressed.
Councilmember Tam stated several Senate committees and the State Controller
requested each city within the State to submit the City Manager and top five to ten
compensation packages; the information is readily available; a salary survey is not
Regular Meeting
Alameda City Council 12
January 4, 2011
needed.
Mayor Gilmore stated a motion is needed to confirm the sub committee and to instruct
the sub committee to work with the Human Resources Director to proceed with the
search.
The Acting City Manager stated Council provided input on the brochure this evening;
the sub committee would finalize the brochure, review the applications, and select the
candidates for interviews.
Councilmember deHaan stated the brochure would not come back to Council but would
be finalized by the sub committee.
Councilmember deHaan moved approval of said direction.
Mayor Gilmore stated that she and Vice Mayor Bonta are the subcommittee members.
Vice Mayor Bonta seconded the motion, which carried by unanimous voice vote 5.
ORAL COMMUNICATIONS NON AGENDA
-018 The following speakers addressed the December 28 Council meeting
decision regarding the Interim City Manager: Gretchen Lipow, Alameda; Jean Sweeney,
Alameda; Harvey Wilson, Alameda; Denise Lai, Alameda; David Howard, Alameda; Red
Wetherill, Alameda; Rosemary McNally, Alameda; Nancy Gordon, Alameda; Corinne
Lambden, Alameda; Carol Gottstein, Alameda; Adam Gillitt, Alameda; Robert Todd,
Alameda; Nancy Hird, Alameda; Darcy Morrison, Alameda; Eugenie Thompson,
Alameda.
COUNCIL REFERRALS
-019 Consider Changing the Order of the City Council Agendas.
Mayor Gilmore gave a brief presentation.
Councilmember deHaan stated many times people stay very late in order to comment;
tonight's Oral Communication ran past fifteen minutes; inquired whether
communications would be consolidated if Oral Communications were over fifteen
minutes.
Mayor Gilmore responded that she is not suggesting consolidating; stated the City Clerk
could randomly pick five or six speakers, and the rest would speak later.
Councilmember deHaan stated the community paces itself [on the timing of agenda
items]; a speaker would have an opportunity to speak later, if the first opportunity to
speak is missed; that he would like City Manager Communications to stay in the same
Regular Meeting
Alameda City Council 13
January 4, 2011
order.
Mayor Gilmore stated having Oral Communications addressed twice would not happen
very often; that she wants to move City Manager Communications down in order to
address items sooner; many times, action items do not start until after 11:00 p.m.
Councilmember Johnson stated moving Oral Communications up might make sense;
that she would like to leave City Manager Communications the same because topics
are often of general interest to the community.
Mayor Gilmore stated City Manager Communications are not action items and can be
pushed over to the next meeting; many times, applicants are sitting with consultants and
lawyers to address Planning Board appeals.
Councilmember Johnson stated that she does not have a strong preference.
Councilmember deHaan stated that his real concern is the length of the meetings; he
would be willing to go along with the 15- minute rule [for Oral Communications] but is not
sure about picking names to speak.
Mayor Gilmore stated the Sunshine Task Force addressed ending meetings earlier and
not addressing items after a certain time; the matter would come back for Council
discussion.
Councilmember Tam stated that she would like to try the change of order; every
meeting would have the flexibility to change the order to accommodate people.
Speakers Jon Spangler, Alameda; and Robb Ratto, Park Street Business Association.
Councilmember Johnson stated a second section would need to be added for Oral
Communications.
Councilmember deHaan stated Council Meetings need to start at 7:00 p.m.
Mayor Gilmore stated starting Closed Session meetings before 6:00 p.m. is difficult
because some Councilmembers have other jobs or commitments; comments would
need to be very concise in order to conclude by 7:00 p.m.
Councilmember deHaan stated Closed Session items could be carried over to after the
City Council meeting.
Councilmember Johnson stated the City Council meeting starting time needed to be
flexible; Council cannot always start at 7:00 p.m.; the goal should be to start at 7:00
p.m.; perhaps the agenda should note the starting time as 7:00 p.m. "or as soon
thereafter as possible."
Regular Meeting
Alameda City Council 14
January 4, 2011
Vice Mayor Bonta stated reconvening the Closed Session after the City Council meeting
is the appropriate thing to do; Oral Communications, Phase 1, needs to be pushed up
on the agenda.
Mayor Gilmore stated the proposed change should be tried; the order can be changed if
necessary.
Councilmember Johnson stated pushing agenda items off to the next Council Meeting is
not a practical idea; conducting City business is the purpose of City Council meetings
and needs to be a priority.
Mayor Gilmore stated the Sunshine Task Force is not recommending ending the
Council meetings at a certain time, but not to bring up new items after a certain time.
Councilmember Tam moved approval of directing staff to come back with a resolution to
amend the order of business to reflect having Oral Communications in two parts and
moving City Manager Communications after Item 7.
Vice Mayor Bonta seconded the motion, which carried by unanimous voice vote 5.
COUNCIL COMMUNICATIONS
-020 Councilmember deHaan stated that he has a lot of concerns with the
administrative leave given to the Interim City Manager; he is a strong supporter of the
Interim City Manager for many reasons; the Interim City Manager has accomplished a
number of key issues; continuity has been lost; that he has never seen a more
dedicated City Manager.
11- 02 1 Vice Mayor Bonta stated the Measure A campaign kickoff will be at 10:00 a.m.
on Saturday at Lum School.
-022 Councilmember Johnson stated a lot of people have commented on the
December 28 Special Meeting; a report should be provided regarding whether or not
the meeting was in compliance with the Brown Act and Charter.
Councilmember deHaan stated that he was present for the meeting via teleconference;
that he appreciates all employees; employees need to have their day to express
themselves and to understand what is happening; he is not sure said situation occurred.
Regular Meeting
Alameda City Council 15
January 4, 2011
f exe i•��
-023 There being no further business, Mayor Gilmore adjourned the meeting at
11:37 p.m. in a moment of silence in memory of Fire Captain Scott Carnevale.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Brown Act.
Regular Meeting
Alameda City Council 16
January 4, 2011
Memorandum
To: Honorable Mayor and
Members of the City Council
From: Fred Marsh
Controller
Date: January 13, 2011
Re: List of Warrants for Ratification
This is to certify that the claims listed on the attached check register and shown below have been approved
by the proper officials and, in my opinion, represent fair and just charges against the City in accordance with
their respective amounts as indicated thereon.
Check Numbers Amount
234623 234716 (Vendor Checks) $917,528.78
EFT967 EFT969 (Vendor Wire Transfers) $153,282.14
Void Checks:
234642
GRAND TOTAL
Respectfully submitted,
($450.00)
$1,070,360.92
Controller
BILLS #4 -B
Council Warrants 01/18/11 1/18/2011
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CITY OF ALAMEDA
Memorandum
To: Honorable Mayor and
Members of the City Council
From: Lisa Goldman
Acting City Manager
Date: January 18, 2011
Re: Accept the Work of Marine Express, Inc. for the Harbor Bay Barge
Replacement Project, No. P.W. 06-09-16
BACKGROUND
On October 6, 2009, the City Council adopted plans and specifications, and authorized
a call for bids for the Harbor Bay barge replacement project, No. P.W. 06-09-16. On
February 16, 2010, the City Council rejected the sole bid and adopted Resolution No.
14421 authorizing open market negotiations. On August 20, 2010, a contract in the
amount of $713,752, including contingencies, was awarded to Marine Express, Inc, to
replace the existing Harbor Bay ferry terminal barge with a refurbished barge, and to
remove and dispose of the old barge.
DISCUSSION
The project has been completed in accordance with the plans and specifications, and is
acceptable to the Public Works Department. The final project cost, including extra work
orders, totaled $713,752.
FINANCIAL IMPACT
Funds for the proposed project are budgeted in the Capital Improvement Program
(Project No. 09-32 and 08-58), with monies allocated from Regional Measure 1-2%
grants and from the Transportation Improvement Fund. There is no impact on the
General Fund associated with the project.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action does not affect the Alameda Municipal Code.
City Council
Agenda Its #4-C
01-18=11
Honorable Mayor and
Members of the City Council
ENVIRONMENTAL REVIEW
January 18, 2011
Page 2 of 2
In accordance with the California Environmental Quality Act (CEQA), this project is
Categorically Exempt under the CEQA Guidelines Section 15301(c), Existing Facilities.
RECOMMENDATION
Accept the work of Marine Express, Inc. for the Harbor Bay barge replacement project,
No. P.W. 06-09-16.
Respectfully submitted,
Matthew T. Naclerio
Public Works Director
Approved as to funds and account,
Fred Marsh
Controller
cc: Watchdog Committee Ferry
CITY OF ALAMEDA
Memorandum
To: Honorable Mayor and
Members of the City Council
From: Lisa Goldman
Acting City Manager
Date: January 18, 2011
Re: Authorize the Acting City Manager to Enter into the Second Amended and
Restated Agreement for Maintenance and Management of the Harbor Bay
Ferry Terminal
BACKGROUND
In December 1990, the City of Alameda and the Harbor Bay Business Park Association
(HBBPA) entered into an Agreement for the Operation, Maintenance, and Management
of Public Marine Transportation Terminal Facility (Agreement), which requires HBBPA
to perform operational, maintenance, and management services for the City at the
Harbor Bay Ferry Terminal. In 2004, the parties updated the Agreement by entering
into the First Amended and Restated Agreement for Operation, Maintenance, and
Management of Public Marine Transportation Terminal Facility (First Amended
Agreement). Since the San Francisco Bay Area Water Emergency Transportation
Authority (WETA) will now be operating the Alameda Harbor Bay Ferry (AHBF) service,
the First Amended Agreement needs to be revised.
DISCUSSION
The First Amended Agreement requires HBBPA to maintain and repair the Harbor Bay
Ferry Terminal, follow specific operating procedures, and comply with licenses and
agreements from outside agencies. The City reimburses HBBPA for this work. The
proposed Second Amended and Restated Agreement for Operation, Maintenance, and
Management of the Harbor Bay Ferry Terminal (Second Amended Agreement) relieves
HBBPA of the responsibility for waterside assets, operations, and maintenance. Under
the Ferry Service Operations Transfer Agreement (Transfer Agreement), responsibility
for the operation and cost of waterside assets is assumed by WETA. Landside
maintenance will still be the responsibility of HBBPA, though such costs will be
reimbursed by WETA. The proposed modifications are:
Ferry Terminal Maintenance and Repair: HBBPA shall no longer be
responsible for the maintenance and repair of any waterside facilities (including
the float, passenger ramps, piles, pier, passenger ramps, navigational marker
City Council
t -TV
Honorable Mayor and
Members of the City Council
January 18, 2011
Page 2 of 4
buoys, and dredging). WETA has agreed to assume these responsibilities under
the terms of the approved Transfer Agreement. HBBPA shall continue to
provide for the weekly wash down of the float and the yearly painting of the
passenger ramp with non -skid paint.
2. Required Operating Procedures: HBBPA shall no longer be required to
comply with certain operating procedures specified in City Council Resolution
No. 12014 as revised by the City's Planning Board on November 13, 1995.
Resolution 12014 conditions that are being assumed by WETA (in whole or in
part, as indicated below) are:
a. Condition No. 7: Minimum of 60% of Painted Surfaces to be Painted With
Water Based or Latex Paints and Finishes. (To be assumed by WETA as
to waterside assets only.)
b. Condition No. 9: Maintain Markers of Northerly Limit of Offshore Eelgrass
Bed, Shoals, or Shallow Points.
c. Condition 10: Removal and Installation of Piles for Float and Maintenance
Dredging.
d. Condition No. 12: Compliance with City Noise Ordinance. (To be
assumed by WETA as to WETA activities only.)
e. Condition No. 13: Minimize glare from lights. (To be assumed by WETA
as to WETA lights.)
f. Condition No. 18: Vessel Speeds Near Shore.
g. Condition No. 19: Distance from Eelgrass Beds.
h. Condition No. 20: Propeller Thrust Near Shore.
i. Condition No. 21: Off -Site Fueling and Repairs.
j. Condition No. 23: Noise of Vessel Operations.
k. Condition No. 24: Bilge Wastes.
1. Condition No. 26: Public Transit Inter -Modal Transfers. Demonstrates a
good faith effort to work with AC Transit or other appropriate public transit
provider to establish a free intermodal transfer privilege for bus /ferry
patrons.
m. Condition No. 28: Encourage Bicycle, Public Transit, and Multiple
Occupancy Vehicle Use by charging for parking or providing within
Alameda free AC Transit connections to and from the Harbor Bay ferry
terminal parking lot for ferry patrons.
n. Condition No. 34: Contingency Operating Plan for Safety and Driving
Conditions that addresses how service will be accommodated in high wind
conditions.
o. Condition No. 35: Require vessel operator to log approach and departure
Honorable Mayor and
Members of the City Council
January 18, 2011
Page 3 of 4
speeds and file monthly reports.
p. Condition No. 36: Initiate Changes in Operations to Mitigate Unanticipated
Significant Adverse Environmental Impacts of the Waterside Assets.
Resolution No. 12014 responsibilities retained by HBBPA are:
q. Condition No. 7 Condition No. 7: Minimum of 60% of Painted Surfaces to
be Painted With Water Based Or Latex Paints and Finishes. (To be
retained by HBBPA as to landside assets only.)
r. Condition No. 11: Best management practices shall be followed in all soil
distributing activities on adjacent upland sites, in order to minimize
sedimentation in the Bay.
s. Condition No. 12: Compliance with City Noise Ordinance. (To be retained
by HBBPA as to landside activities only.)
t. Condition No. 13: Minimize glare from lights. (To be retained by HBBPA
as to landside lights only.)
u. Condition No. 15: Waster receptacles shall be provided in accordance
with the specifications of City.
v. Condition No. 16: Bicycle lockers /racks shall be provided at the terminal.
In addition, HBBPA will continue to provide maintenance, repair, landscaping,
and security services for the parking lot, restrooms, and passenger waiting area
of the Harbor Bay Ferry Terminal.
3. Responsibilities Under Licenses and Agreements from Outside Agencies:
These responsibilities are specified in various licenses and agreements between
the City and the Bay Conservation and Development Commission (BCDC), the
US Army Corps of Engineers (USACE), the Port of Oakland, and the US Coast
Guard (USCG). WETA will assume all responsibilities as they relate to waterside
assets and /or operations under the terms of the proposed Transfer Agreement.
These include the maintenance of marine facilities (BCDC, USACE) and
operation and repair of navigational marker buoys (USCG). The sole exception
to the above is responsibility for riprap repair which shall remain the City's.
A copy of the Second Amended Agreement is on file in the City Clerk's office.
FINANCIAL IMPACT
The AHBF service is budgeted under the Capital Improvement Program (621.10) and is
funded through farebox revenue, Regional Measure 1 (RM1), Measure B, Regional
Honorable Mayor and
Members of the City Council
January 18, 2011
Page 4 of 4
Measure 2 (for WETA -boat operations), and Transportation Improvement Funds (TIF).
The Second Amended Agreement identifies costs for ongoing management and
operation of the AHBF terminal. All ferry terminal operating costs are funded through a
combination of Landscaping Lighting Maintenance District (LLMD) funds, TIF, and
public subsidies obtained by the City from the Metropolitan Transportation Commission
RM1, and Measure B.
MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE
This action does not affect the Alameda Municipal Code.
RECOMMENDATION
Authorize the Acting City Manager to enter into the Second Amended Agreement for
maintenance and management of the Harbor Bay Ferry terminal.
Approved as to funds and account,
Fred Marsh
Controller
Exhibit:
1. Second Amended and Restated Agreement for Operation, Maintenance, and
Management of the Harbor Bay Ferry Terminal (on file in the City Clerk's office)
cc: Joseph Ernst, HBBPA
C. Timothy Hoppen (HBM)
Stephen K. Brimhall (HBM)
Dan Reidy (Bellecci Associates)
Nina Rannels, (WETA)
Watchdog Committee Ferry
CITY OF ALAMEDA
Memorandum
To: Honorable Mayor and
Members of the City Council
From: Lisa Goldman
Acting City Manager
Date: January 18, 2011
Re: Authorize the Acting City Manager to Enter into the Landing Rights
Agreement License to Land at the Port of San Francisco Ferry Terminals
for Commuter, Excursion, and Other Ferry Services by and Between the
City and County of San Francisco, Operating by and Through the San
Francisco Port Commission, and the Citv of Alameda
BACKGROUND
In 1995, the City of Alameda and the City and County of San Francisco, operating by
and through the San Francisco Port Commission (Port), entered into Landing Rights
License No. 12192 for Common Carrier Ferry Service Landing Slot(s) at Pier '/2 the
North Ferry Terminal (License Agreement). The License Agreement specified the
terms and conditions under which the Alameda /Oakland Ferry Service (AOFS) could
land at the San Francisco Ferry Building. Over the years, the License Agreement has
been modified to permit the AOFS to land at China Basin for San Francisco Giants
games and to operate from the Ferry Building's Gate E. The Port is now requiring ferry
operators to enter into a new landing agreement license (Revised License) effective
January 2011.
DISCUSSION
The Revised License updates insurance requirements and docking schedules, and
establishes new fee schedules. The fee schedules provide separate rates for the San
Francisco Ferry Building landings and for China Basin landings. At China Basin there is
a $0.25 per passenger fee in addition to a $25.00 per landing fee. The increased
landing cost resulting from the new fee schedule was anticipated by City staff and
included in the FY10 -11 ferry service budgets adopted by the City Council on June 15,
2010. The Revised License provides for both AOFS and Alameda Harbor Bay Ferry
(AHBF) operations at Port facilities. City staff anticipates that operational responsibility
for both ferry services will transfer to the San Francisco Bay Area Water Emergency
Transportation Authority (WETA) in early 2011. WETA expects to have a separate
landing rights license with the Port in place prior to the transfer of the ferry services.
The City's Revised License will terminate upon transfer of the ferry service to WETA. A
copy of the Revised License is on file in the City Clerk's office.
City Council
Honorable Mayor and
Members of the City Council
FINANCIAL IMPACT
January 18, 2011
Page 2 of 2
The AOFS and AHBF services are identified under the Capital Improvement Program
(621.10 and 621.20). Funding for the services is provided from farebox revenue, the
Regional Measure 1 and Regional Measure 2 Bridge Toll program, Measure B, the Port
of Oakland, Harbor Bay Landscaping Lighting Maintenance District (LLMD 82 -4), and
the Transportation Improvement Fund (TIF). There is no impact on the General Fund.
MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE
This action does not affect the Alameda Municipal Code.
RECOMMENDATION
Authorize the Acting City Manager to enter into the Revised License by and between
the City and County of San Francisco, operating by and through the San Francisco Port
Commission, and the City of Alameda.
Approved as to funds and account,
Fred Marsh
Controller
Exhibit:
1. Revised License (on file in the City Clerk's office)
cc: C. Timothy Hoppen (HBM)
Stephen K. Brimhall (HBM)
Nina Rannels, (WETA)
Watchdog Committee Ferry
CITY OF ALAMEDA
Memorandum
To: Honorable Mayor and
Members of the City Council
From: Lisa Goldman
Acting City Manager
Date: January 18, 2011
Re: Appoint Mr. Michael Krueger to the Oakland Chinatown Advisory
Committee
BACKGROUND
On April 19, 2004, the City of Alameda, the City of Oakland, the Chinatown Chamber of
Commerce, and the Asian Health Services executed a four party settlement agreement
to address concerns related to the City Council's certification of an Environmental
Impact Report (EIR) for the Alameda Point General Plan Amendment (GPA). In
accordance with the agreement, the Oakland Chinatown Advisory Committee (OCAC)
was established to "serve as an advisory committee to the Alameda City Council and
Planning Board, and the Oakland City Council and Planning Commission for the
purpose of providing ongoing communication and feedback on Oakland Chinatown
issues related to the future development and the California Environmental Quality Act
(CEQA) process for projects within Alameda Point and Downtown Oakland."
DISCUSSION
The settlement agreement stipulates that the Alameda City Council shall appoint two
representatives and one alternate to represent Alameda on the OCAC. On July 5,
2005, the City Council appointed Lee Perez to represent Alameda on the OCAC. The
City Council requested that the Planning Board select a Planning Board member to
serve as the second Alameda representative and a Planning Board member to act as
the alternate. The Planning Board appointed Marilyn Ezzy Ashcraft in 2008, replacing
Gina Mariani, who was previously appointed in 2005, to fill the second Alameda seat on
the OCAC.
Recently, Mr. Perez requested to serve as the alternate, due to time constraints and
other responsibilities. Therefore, a replacement is needed to represent Alameda.
Michael Krueger has indicated interest in the vacancy. Mr. Krueger served as a
member of the Transportation Commission for eight years, including one year as its
Interim Chair. He is knowledgeable about the issues related to the Broadway /Jackson
Interchange project currently being reviewed by the OCAC and has demonstrated an
on -going commitment to public service. Mr. Krueger's presence on the OCAC will
assist the City in meeting its obligations to the OCAC.
Council City
l
Honorable Mayor and
Members of the City Council
FINANCIAL IMPACT
January 18, 2011
Page 2 of 2
The settlement agreement included a commitment to fund up to $75,000 to support
Chinatown staff or technical consultants. The City Council appropriated these funds
when it approved the agreement and monies have been transferred to the City of
Oakland. No additional funds are necessary. There is no impact to the General Fund.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action does not affect the Alameda Municipal Code.
ENVIRONMENTAL COMPLIANCE
The proposed action is exempt from the California Environmental Quality Act.
RECOMMENDATION
Appoint Mr. Michael Krueger to the OCAC.
By:
Obaid Khan
Supervising Civil Engineer
Approved as to funds and account,
Fred Marsh
Controller
CITY OF ALAMEDA
Memorandum
To: Honorable Mayor and
Members of the City Council
From: Lisa Goldman
Acting City Manager
Date: January 18, 2011
Re: Adopt a Resolution Authorizing the Acting City Manager to File an
Application for $62,500 in the Urban Forestry Grant Program Funding
Through Propositions 40 and 84 Entitled, "An Urban Forest for Every City,"
Appropriate $25,000 in General Funds as the Necessary Local Match, and
Execute all Necessary Documents
The California Department of Forestry and Fire Protection (CAL FIRE) Urban Forestry
Grant Program is currently soliciting applications for tree planting projects. In October
2010, the City submitted a conceptual plan for the grant proposing to partner with
Ploughshare Nursery, a social enterprise of the Alameda Point Collaborative, to
purchase 15- gallon trees for the City's annual street tree planting program. The goal of
the project is to increase the number of trees planted in the City while providing
marketable jobs skills to formerly homeless individuals. CAL FIRE has accepted the
conceptual plan and requested the City file a formal application for the grant. A
resolution identifying the local match is required as part of the grant application.
DISCUSSION
As proposed, Alameda will contract with Ploughshare Nursery for a three -year pilot
program to purchase 15- gallon trees each year. The trees will be planted within the
street public right -of -way throughout the City and will include a wide variety of species
and cultivars including oaks, maples, and elms. Ploughshare Nursery will be provided
funds through the grant to purchase nursery stock and train its employees in the
horticulture field, including the raising of nursery stock from five gallon tree specimens
to 15- gallon specimens, which the City will purchase. This partnership will provide on-
the -job training for formerly homeless individuals and afford them with marketable
horticultural skills. Once the trees are purchased, the City will use its annual contractor
to plant the trees in vacant tree wells and under utilized planting strips throughout the
City, in accordance with the goal of the City Council's adopted Master Street Tree Plan.
If the pilot program is successful, the City will continue to purchase tree stock from
Ploughshare Nursery for future street tree projects.
city Council
t�
Honorable Mayor and
Members of the City Council
FINANCIAL IMPACT
January 18, 2011
Page 2 of 2
The estimated total cost for the CAL FIRE project is $62,500. A local match of $25,000
is proposed. Historically, the City Council has allocated $25,000 annually from the
General Fund for new street tree plantings in the Public Works Department operating
budget. This money has been used to plant approximately 75 new street trees each
year. Staff proposes to earmark the FYI 1-12 funds to cover the total amount of the
local match. At the end of the program, approximately 160 new street trees will be
planted throughout the City.
MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE
This action does not affect the Alameda Municipal Code.
RECOMMENDATION
Adopt a resolution authorizing the Acting City Manager to file an application for $62,500
in the Urban Forestry Grant Program Funding through Propositions 40 and 84 entitled,
"An Urban Forest for Every City," appropriate $25,000 in General Funds as the
necessary local match, and execute all necessary documents.
B f 9
Y
Jesse Barajas
Public Works Superintendent
Approved as to funds and account,
w
Fred Marsh
Controller
cc: Doug Biggs, Alameda Point Collaborative
CITY OF ALAMEDA RESOLUTION NO.
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a
E
0
AUTHORIZING THE ACTING CITY MANAGER TO FILE AN
APPLICATION FOR $62,500 IN THE URBAN FORESTRY GRANT
PROGRAM FUNDING THROUGH PROPOSITIONS 40 AND 84
ENTITLED, "AN URBAN FOREST FOR EVERY CITY
APPROPRIATING $25,000 IN GENERAL FUNDS AS THE
NECESSARY LOCAL MATCH, AND EXECUTING ALL NECESSARY
DOCUMENTS
WHEREAS, the Governor of the State of California, in cooperation with
the California State Legislature, has enacted Propositions 40 and 84, which
provide funds to the State of California and its political subdivisions for urban
forestry programs; and
WHEREAS, the State Department of Forestry and Fire Protection has
been delegated the responsibility for the administration of the program within
the State, setting up necessary procedures governing application by local
agencies and non profit organizations under the program, and
WHEREAS, said procedures established by the State Department of
Forestry and Fire Protection require the applicant to certify by resolution the
approval of application before submission of said application to the State; and
WHEREAS, the applicant will enter into an agreement with the State of
California to carry out an urban forestry project and expend the grant funds prior
to March 30, 2013.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Alameda authorizes the filing of an application with the Urban Forestry Grant
Program for $62,500 in Proposition 40 and 84 funds, appropriates $25,000 in
General Funds as the necessary local match (to operate and maintain the
project), and authorizes the Acting City Manager to execute all necessary
documents.
Resolution #4 -G CC
1 -18 -11
I, the undersigned, hereby certify that the foregoing Resolution was duly
and regularly adopted and passed by the Council of the City of Alameda in a
regular meeting assembled on the 18th day of January, 2011, by the following
vote to wit:
AYES:
NOES:
ABSENT:
ABSENTIONS:
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 19 day of January 2011.
Lara Weisiger, City Clerk
City of Alameda
CITY OF ALAMEDA
Memorandum
To: Honorable Mayor and
Members of the City Council
From: Lisa Goldman
Acting City Manager
Date: January 18, 2011
Re: Adopt a Resolution Approving an Agreement between the City of Alameda
and the State of California's Department of Boating and Waterways to
Recover Costs for Dismantling and Disposing of Abandoned Watercraft
On October 1, 2009, the City of Alameda entered into an agreement with Ballena Isle
Marina, L.P. (Ballena) to act as agent for the City to dispose and remove non-
commercial vessels abandoned within the City's jurisdiction (Exhibit 1). Ballena applied
for funding to the State on behalf of the City to participate in the Abandoned Watercraft
Program. The funding application was approved pending receipt of a copy of a
resolution authorizing Ballena to act as the City's agent.
DISCUSSION
Ballena approached the City requesting that they be allowed to act as the agent for the
City to apply for funds from the State of California Department of Boating and
Waterways Abatement Fund Program (Program). Ballena currently has four watercraft
that have been abandoned at Ballena Marina that they wish to have removed.
The City entered into an agreement authorizing Ballena to act as agent in October
2009. Ballena applied to the State to participate in the Program and was granted
funding of $19,000. The State has not yet funded the Program, but the Department of
Boating and Waterways expects it will be approved in the current budget. The State
requires that the City enter into a contract (copy on file with the City Clerk) and provide
a copy of a resolution authorizing Ballena to act as the City's agent. Once the
resolution and contract are transmitted to the State, Ballena will be able to proceed with
the removal of four watercraft upon approval of Program funding.
FINANCIAL IMPACT
There is no financial impact to the City resulting from the adoption of this resolution.
City Council
Honorable Mayor and
Members of the City Council
January 18, 2011
Page 2 of 2
Adopt a resolution approving an agreement between the City of Alameda and the State
of California's Department of Boating and Waterways to recover costs for dismantling
and disposing of abandoned watercraft.
y submitted,
Jen6i'll' r C#
Deputy Ci Manager
By:
Dorene Soto
Division Manager
Exhibits:
1. Standard Agreement— on file in the City Clerk's Office
2. Abandoned Watercraft Abatement Fund Grant Agreement dated October 1,
2009
AWAF GRANT AGREEMENT
THIS AGREEMENT, entered into this day of 20()9, by and between the
CITY OF ALAMEDA, "CITY a municipal corporation, and BALLENA ISLE MARINA,
L.P., a California limited partnership whose address is 28441 Highridge Road, Rolling Hills,
California 90274, is made with reference to the following:
RECITALS
A. Ballena Isle Marina is a private marina situated on Tidelands granted to the CITY
by the State of California by Stats. 1913, Chapter 348, as amended thereafter by Stats. 1917,
Chapter 594, and is subject to the provisions and conditions set forth therein;
B. Numerous non- commercial vessels are abandoned in the Tidelands each year,
including in the Ballena Isle Marina, causing environmental damage to the waterway and
creating hazards for recreational boating and navigation; and
C. The CITY and BALLENA ISLE MARINA, LP desire to enter into an agreement
whereby the CITY shall submit an application to the California Department of Boats and
Waterways requesting an Abandoned Watercraft Abatement Fund Grant "AWAF Grant for
the purpose of removing and disposing of non commercial vessels abandoned within its
jurisdiction; in return for -which BALLENA ISLE MARINA, LP shall prepare said application
and shall carry out the removal and disposal of said vessels, if an AWAF Grant is awarded.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM:
r�
The term of this Agreement shall commence on the day of 2009 and shall
terminate upon the expiration of the AWAF Grant, or, upon the proper removal and disposal of
the abandoned vessels for which Grant monies are awarded, whichever occurs later in time.
2. CONDITIONS:
BALLENA ISLE MARINA, LP agrees to prepare and submit the AWAF Grant
Application on behalf of the CITY, including all of the required forms and attachments, to the
California Department of Boating and Waterways.
BALLENA ISLE MARINA, LP agrees to pay the required amount in matching funds to
the CITY for the purposes of complying with the terms of the Grant Application to the State of
California Department of Boating and Waterways.
BALLENA ISLE MARINA, LP agrees to remove and dispose of said abandoned vessels
subject to the terms and conditions of the AWAF Grant between the State and the CITY, if
1 City Council
Exhibit 2 to
Agend C n
a
s; J.
awarded and executed, in compliance with the provisions set forth in the Grant Application,
including, but not Limited to, the following:
a) Comply with California law regarding titles and liens in conjunction with each
vessel, including those pro set forth in the Harbors and Navigation Code
Chapter 3, Article 1 regarding wrecked and salvaged vessels.
b) Be responsible for securing any studies, permits, or authorizations associated with
treatment, removal, storage, disposal, or any other handling of hazardous substances,
including, but not limited to, toxic waste, petroleum waste, asbestos, and like
substances prior to the removal of any vessel.
C) Be responsible for the proper and legal disposal or recycling of vessels, parts of
any vessels, materials, fluids, petroleum products, and associated chemicals.
d) Have and maintain adequate insurance in the amounts specified in the Water
Hazard Removal List, as set forth in the AWAF Grant Application, and ensure that all
employees, subcontractors, and /or salvage companies hold and maintain the same.
CITY agrees that within 30 days after BALLENA ISLE MARINA, LP's satisfactory
removal and disposal of the abandoned vessels, City shall reimburse BALLENA ISE MARINA,
LP, for an amount up to its costs of removal and disposal, paid solely from AWAF Grant monies
CITY receives from the state which are applicable to said removal and disposal, subject to
BALLENA ISLE MARINA, LP's compliance with the aforementioned terms.
3. HOLD HARMLESS:
Ballena Isle Marina, LP shall indemnify, defend, and hold harmless City, its City
Council, boards, commissions, officials, employees, and volunteers "Indemnitees from and
against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever,
including reasonable attorneys' fees "Claims arising from or in any manner connected to
Ballena Isle Marina, LP's negligent act or omission, whether alleged or actual, regarding
performance of services or work conducted or performed pursuant to this Agreement. Ballena
Isle Marina, LP shall further indemnify, defend, and hold harmless City, its City Council, boards,
commissions, officials, employees, and volunteers °Indemnitees from and against any and all
loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable
attorneys' fees "Claims accruing or resulting to any and all persons, firms or corporations
furnishing or supplying work, services, materials, equipment or supplies arising from or in any
manner connected to Ballena Isle Marina, LP's negligent act or omission regarding performance
of services or work conducted or performed pursuant to this Agreement.
If Claims are filed against Indemnitees which allege negligence on behalf of the Ballena
Isle Marina, LP, Ballena Isle Marina, LP shall have no right of reimbursement against
Indemnitees for the costs of defense even if negligence is not found on the part of Ballena Isle
Marina, LP. However, Ballena Isle Marina, LP shall not be obligated to indemnify Indemnitees
from Claims arising from the sole or active negligence or willful misconduct of Indemnitees, If
Claims are filed against Indemnitees which allege negligence on behalf of any person, firm or
corporation furnishing or supplying work, services, materials, equipment or supplies to Ballena
2
Isle Marina, LP for the purpose of performing services or work pursuant to this Agreement, said
persons, firms or corporations shall have no right of reimbursement against Indemnitees for the
costs of defense even if negligence is not found on the part of any one of them. However, said
persons, firms or corporations shall not be obligated to indemnify Indemnitees from Claims
arising from the sole or active negligence or willful misconduct of Indemnitees.
INSURANCE:
On or before the commencement of the terms of this Agreement, Ballena Isle Marina, LP
shall furnish City with certificates showing the type, amount, class of operations covered,
effective dates and dates of expiration of insurance coverage in compliance with paragraphs 2D,
and 4A, B, C and D, Such certificates, which do not limit Ballena Isle Marina, LP's
indemnification, shall also contain substantially the following statement: "Should any of the
above insurance covered by this certificate be canceled or coverage reduced before the expiration
date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice
to the City of Alameda by certified mail, "Attention: Risk Manager. It is agreed that Ballena
Isle Marina, LP shall maintain in force at all times during the performance of this Agreement all
appropriate coverage of insurance required by this Agreement with an insurance company that is
acceptable to City and licensed to do insurance business in the State of California. Endorsements
naming the City as additional insured shall be submitted with the insurance certificates. Ballena
Isle Marina, LP shall insure that any and all persons, firms or corporations furnishing or
supplying work, services, materials, equipment or supplies to Ballena Isle Marina, LP for the
purposes of this Agreement shall maintain in force at all times during the performance of this
Agreement all appropriate coverage of insurance required by this Agreement.
In the event that Ballena Isle Marina, LP employs subcontractors, such subcontractors
shall be required to furnish proof of workers compensation insurance and shall also be required
to carry general and automobile liability insurance in reasonable conformity to the insurance
carried by Ballena Isle Marina, LP. In addition, any work or services subcontracted hereunder
shall be subject to each provision of this Agreement.
A. COVERAGE
Ballena Isle Marina, LP shall maintain, in addition to the amounts specified in the Water
Hazard Removal List referenced in Section 2(d) herein, the following insurance coverage:
(1) Workers' Compensation
Statutory coverage as required by the State of California.
(2) Liability
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $500,000
each occurrence
$1,000,000
aggregate all other
Property Damage: $100,000 each occurrence
$250,000 aggregate
If submitted, combined single limit policy with aggregate limits in the amounts of
$1,000,000 will be considered equivalent to the required minimum limits shown
3
above.
(3 Automotive:
Comprehensive automobile liability coverage in the
following minimum limits:
Bodily injury: $500,000 each occurrence
Property Damage: $500,000 each occurrence
or
Combined Single Limit: $500,000 each occurrence
B. SUBROGATION WAIVER
Ballena Isle Marina, LP agrees that in the event of loss due to any of the perils for which
it has agreed to provide comprehensive general and automotive liability insurance, Ballena Isle
Marina, LP shall look solely to its insurance for recovery. Ballena Isle Marina, LP hereby grants
to City, on behalf of any insurer providing comprehensive general and automotive liability
insurance to either Ballena Isle Marina, LP or City with respect to the services of Ballena Isle
Marina, LP herein, a waiver of any right to subrogation which any such insurer of said Ballena
Isle Marina, LP may acquire against City by virtue of the payment of any loss under such
insurance.
C. FAILURE TO SECURE:
If Ballena Isle Marina, LP at any time during the term hereof should fail to secure or
maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Ballena
Isle Marina, LP's name or as an agent of the Ballena Isle Marina, LP and shall be compensated
by the Ballena Isle Marina, LP for the costs of the insurance premiums at the maximum rate
permitted by law and computed from the date written notice is received that the premiums have
not been paid.
D. ADDITIONAL INSURED
City, its City Council, boards and commissions, officers, employees, and volunteers shall
be named as an additional insured under all insurance coverages, except worker's compensation
insurance. The naming of an additional insured shall not affect any recovery to which such
additional insured would be entitled under this policy if not named as such additional insured.
An additional insured named herein shall not be held liable for any premium, deductible portion
of any loss, or expense of any nature on this policy or any extension thereof. Any other
insurance held by an additional insured shall not be required to contribute anything toward any
loss or expense covered by the insurance provided by this policy.
E. SUFFICIENCY OF INSURANCE:
The insurance limits required by City are not represented as being sufficient to protect
Ballena Isle Marina, LP. Ballena Isle Marina, LP is advised to consult Ballena Isle Marina, LP's
insurance broker to determine adequate coverage for Ballena Isle Marina, LP.
4
5. NOTICES
All notices, demands, requests or approvals to be given under this Agreement shall be
given in writing and conclusively shall be deemed served when delivered personally or on the
second business day after the deposit thereof in the United States mail, postage prepaid,
registered or certified, addressed as hereinafter provided.
All notices, demands, requests, or approvals from BALLENA ISLE MARINA, LP to the
CITY shall be addressed to the CITY at:
CITY OF ALAMEDA
950 W. Mall Square, 2 nd Flr
Alameda, CA 94501
Attention: Dorene Soto
All notices, demands, requests, or approvals from the CITY to BIM, LP shall be
addressed to BIM, LP at:
BALLENA ISLE MARINA, L.P.
28441 Highridge Road
Rolling Hills, CA 90274
6. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of the State of
California excepting any choice of law rules which may direct the application of laws of another
jurisdiction.
The Agreement and obligations of the parties are subject to all valid laws, orders, rules,
and regulations of the authorities having jurisdiction over this Agreement (or the successors of
those authorities).
Any suits brought pursuant to this Agreement shall be filed with the Courts of the County
of Alameda, the State of California.
7. WAIVER:
A waiver by either party of any breach of any term, covenant, or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any other
term, covenant, or condition contained herein whether of the same or a different character.
8. INTEGRATED CONTRACT:
This agreement represents the full and complete understanding of every kind or nature
whatsoever between the parties hereto. No verbal agreement or implied covenant shall be held to
vary the provisions hereof. Any modification of this Agreement will be effective only by written
execution signed by both the CITY and BALLENA ISLE MARINA, LP.
J
9. CAPTIONS:
The captions in this Agreement are for convenience only, are not part of the Agreement
and in no =lay affect, limit or amplify the terms or provisions of this Agreement.
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the
day and year first above written.
RECOMMENDED FOR APPROVAL:
D Director
BALLENA ISLE MARINA, LP
BY:
APPROVED AS TO FORM:
City Attorney
CITY OF ALAMEDA,
a municipal corporation
B 7"
Ann Ma ie Gallant
Inter'm C ty Manager
6
AC® ;D� C ERTIFICATE OF L IABILITY INSURANCE OP ID AS DATE (MMtODKYYY
L--� ALMARR -1 08/21/09
PRCDUCER I TI-IIR r�FRTIGIr`ATC IC ICCII=n Ac A nAAT- nc nc i�icnnnAnT
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Westmar Insurance Services HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Box 208016 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
Stockton CA 95208 -9016
Phone: 800- 633 -3443 Fax:209- 466 -8070 INSURERS AFFORDING C NAIC
NsuREO i iNSURERA: Fe deral In C
Almar Management, Inc., et al
See Notes IN SU R ERC
28441 Highridge Road #110
Rolling Hills Estates CA 90274 rU RER°
INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT NlITH RESPECT TO WHICH THIS CERTiF(CATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS O SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR- ADD'L POLICY EFFECTIVE POLICY EXPIRATION
LTR INSRD TYPE OF INSURANCE POLICY NUMBER i DATE (MM;DD)YYYY DATE (MMIDOtYYYY) LIMITS
GENERAL LIABILITY EACH OCCURRENCE 0 l
S OOOOO
e1AMACFTCT�.ENT S 1 00
A X X COMM ERCIAL GENERAL LIABILITY 79498528 07/10/09 07/10/10: PR EMISES r Eaoccurence s 10 0000
V
LAIN1S MADE OCCUR
ME EXP (Any one perso i S 10000
i
X $1,000,00 P &I PERSONAL &ADVINJURY 1000000
GENE AGG REGAT E s2
r'Etl'L AGGREGATE LIMI7 APPLIES PER
P RODUCTS COMP/OP A GO S 1 000000
I POLICY
PRO- LOC j
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ;S1000000
A X ANYAUTO 79498530 I 07/10/09 07/10/10 {Eaacdoent}
ALL OWNED AUTOS
i BODILY INJURY
X SCHEDULED AUTOS {Per person} S
X HIRED AUTOS
A l� J
X NON OWNED AUTOS
Approved 3S `o FoIIII P�CaccildentR/ S
PROPER DAMAGE
(per accident) I S
GARAGE LIABILITY
CITY AUORNEY AUTO ONLY EA ACCIDENT S
ANY AUTO I t� OTHERTHAN E A A 5
AUTO ONLY
ADD S
EXCESS UMBRELLA LIABILITY EACH OCCURR
A X I OCCUR CLAIMS MADE 79498531 07/10/09 07/10/10 AGGREGATE S10000000
DEDUCTIBLE
s
X i RETENTION S 10000 S
WORKERS COMPENSATION I is., Sir. U- H
AND EMPLOYERS' LIABILITY YIN X TORY LIMITS ER
A ANY PROPRIETOR /PARTNER lEXECUT[VE 79595765 07/01/09 07/01/10 EL.EACHACC s 10
OFRC_RIMEMBER EXCLUDED? I i
(M an d at ory es de saibe under In NH)
If yes. tle j E. L. DISEASE EA EMPLOYEE S100 0000
i
SPECIAL PROVISIONS below E.L. DISEASE POLICY LIMIT S1000000
OTHER
i
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES t EXCLUSIONS ADDED BY ENDORSEMENT t SPECIAL PROVISIONS
The City of Alameda, it's City Council, boards and commissions, officers,
employees and volunteers are named as additional insured in regarding to
thework performed by Ballena Isle Marina LP. Above insurance includes
Waiver of Subrogation coverage.Per CG 2010 attached.
*Notice of cancellation for non payment shall remain 10 days
UtK I It- IUA It HULUtK CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
C T TyALA DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
City of Alameda REPRESENTATIVES.
950 W. Mall Square 2nd Fl D ESENTQTIVE
Alameda CA 94501
ACORD 25 (2009/01) 1988 -2009 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
NOTEPAD: ALMAR -1 PAGE 2
1111111 'S NAME Almar Management, Inc. et al OP ID AS DATE 08/21/09
Named Insured /Locations:
Almar Management, Inc., Almar, Ltd., Almar Marinas LLC
28441 High Ridge Road, Suite 110, Rolling Hills Estates, Ca. 90274 -4020
Ballena Isle Marina, LP
1150 Ballena Boulevard, Alameda, Ca. 94501 -3682
Anacapa Isle Marina, LP
3001 Peninsula Road Oxnard, Ca. 93035 -4071
Cabrillo Isle Marina, LP
1450 Harbor Island Drive, San Diego, Ca. 92101 -1071
Ventura Isle Marina, LP
1363 Spinnaker Drive, Ventura, Ca. 93001 -4341
Treasure Island Enterprises First Street, Clipper Cove, San Francisco, C
INSURED: Ballena Isle Nlarina
POLICY NUMBER: 795498528 COMMERCIAL GENERAL LIABILITY
THIS ENDORSENIENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS
(FORM B)
This endorsement modifies the insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization: Cite of Alameda, its City Council, board and commissions,
officers, employees and volunteers
(If no entry appears above information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization
shown in the Schedule, but only with respect to liability arising o>_>t of "YOUr work" for that insured by or
for vou.
Approved as to Form
ATTORNEY CiTY
Cop }riLlhI. II!SkIRMCC Services, Inc. 1984 —CG 2010 11/85
CITY OF ALAMEDA RESOLUTION NO.
E
0
LL
0
1.
0
a.
CL
APPROVING AN AGREEMENT BETWEEN THE CITY OF ALAMEDA
AND THE STATE OF CALIFORNIA'S DEPARTMENT OF BOATING
AND WATERWAYS TO RECOVER COSTS FOR DISMANTLING AND
DISPOSING OF ABANDONED WATERCRAFT
WHEREAS, the City of Alameda plans to dismantle and dispose of at
least three abandoned watercraft in the City's jurisdiction this year and expects
more in the coming years; and
WHEREAS, abandoned watercraft pose a significant danger to other
boaters, are a public nuisance and an environmental hazard; and
WHEREAS, the City of Alameda and Ballena Isle Marina, L.P., have
entered into an agreement authorizing Ballena Isle Marina to act as the City's
agent for the purpose of seeking grant funding to help offset the costs of
removing and disposing of abandoned vessels within the City's jurisdiction; and
WHEREAS, Ballena Isle Marina submitted a request for grant funding to
the California Department of Boating and Waterways on behalf of the City,
which has been approved in the amount of $19,000, subject to entering into an
agreement between both agencies for these funds.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Alameda that the Acting City Manager, or her designee, is hereby authorized
to execute an agreement with the State of California's Department of Boating
and Waterways for reimbursement of costs associated with the dismantling and
disposal of abandoned watercraft within the City's jurisdiction and to take any
additional action as may be necessary to carry out the purposes of this
resolution.
BE IT FURTHER RESOLVED that the provision of this resolution shall
supersede any other resolution in conflict herewith.
Resolution #4 -H CC
1 -18 -11
I, the undersigned, hereby certify that the foregoing Resolution was duly
and regularly adopted and passed by the Council of the City of Alameda in a
regular meeting assembled on the 18 day of January, 2011, by the following
vote to wit:
AYES
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of
said City this 19 day of January, 2011.
Lara Weisiger, City Clerk
City of Alameda
To: Honorable Mayor and
Members of the City Council
From: Lisa Goldman
Acting City Manager
Date: January 18, 2011
Re: Adopt a Resolution Fixing the Annual Salaries for the Auditor and
the Treasurer as a Remedy to the 2008 City Charter Amendment of
Section 2 -4
BACKGROUND
An amendment to Section 2 -4 of the City Charter was approved in 2008, which
eliminated specified minimum annual salaries for the City Manager, City Attorney,
City Clerk, Auditor and Treasurer. The salaries for the Auditor and Treasurer should
be fixed by Council resolution at the same level previously stated in the Charter.
DISCUSSION
On November 4, 2008 voters approved a ballot measure of various amendments to
the City Charter, which included deleting obsolete language in Section 2 -4. Section
2 -4 specifies the City Council's authority to set salaries for the Auditor, Treasurer,
City Manager, City Attorney, and City Clerk. The 2008 amendment eliminated the list
of outdated salary minimums for the City Clerk, City Manager, and City Attorney,
which are now established by individual employment agreement or by the Executive
Management Compensation Plan. The salaries for the Auditor and Treasurer are to
be fixed by Council.
FINANCIAL IMPACT
There is no financial impact to the General Fund by the adoption of this resolution.
The Auditor and Treasurer have continued to receive their salaries without
interruption.
RECOMMENDATION
Adopt a Resolution fixing the annual salary for the Auditor at the amount of $3,600
City Council
Honorable Mayor and January 18, 2011
Members of the City Council Page 2 of 2
and fixing the annual salary for the Treasurer at the amount of $3,600, effective
November 5, 2008.
CITY OF ALAMEDA RESOLUTION NO.
N
FIXING THE ANNUAL SALARIES
FOR THE AUDITOR AND TREASURER
PURSUANT TO THE 2008 CITY CHARTER
AMENDMENT OF SECTION 2 -4
WHEREAS, a City Charter Amendment was approved by voters on the
November 4, 2008 ballot; and
WHEREAS, amendment of Charter Section 2 -4 eliminated the salary
minimums for the Auditor, Treasurer, City Clerk, City Manager, and City
Attorney, and
WHEREAS, pursuant to the Charter, the City Council shall fix the
salaries for the Auditor and Treasurer.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Alameda that effective November 5, 2008, the annual salary for the Auditor
shall be fixed at the amount of $3,600 and that the annual salary for the
Treasurer shall be fixed at the amount of $3,600.
I, the undersigned, hereby certify that the foregoing Resolution was duly
and regularly adopted and passed by the Council of the City of Alameda in a
regular meeting assembled on the 18 day of January, 2011, by the following
vote to wit:
AYES
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
seal of said City this 19 day of January, 2011.
Lara Weisiger, City Clerk
City of Alameda
Resolution #44 CC
1 -18 -11
CITY OF ALAMEDA
Memorandum
To: Honorable Mayor and
Members of the City Council
From: Lara Weisiger
City Clerk
Date: January 18, 2011
Re: Adopt a Resolution Amending Resolution No. 12121 Setting the Order of
Business of City of Alameda City Council Meetings
At the January 4, 2011, Mayor Gilmore submitted a referral to change the order of items
on the Council agenda. The City Council agreed to change the order as suggested.
DISCUSSIO
Oral Communications will be added after Special Orders of the Day to become Section
4 and will have a time limit of 15 minutes. Speakers not called under Section 4, will be
called under a second section of Oral Communications, which will become Section 8.
City Manager Communications will be moved to follow Regular Agenda Items and will
become Section 7. The new order of business will be as follows:
1. Roll Call
2. Agenda Changes
3. Proclamations, Special Orders of the Day and Announcements
4. Oral Communications, Non Agenda (Public Comment)
5. Consent Calendar
6. Agenda Items
7. City Manager Communications (Communications from City Manager)
8. Oral Communications, Non Agenda (Public Comment)
9. Council Referrals
10. Council Communications (Communications from Council)
11. Adjournment
FINANCIAL IMPACT
There is no financial impact from changing the order of agenda items.
City C ounci l
Agenda x #4
01-18
Honorable Mayor and
Members of the City Council
RECOMMENDATION
January 18, 2011
Page 2 of 2
Adopt a Resolution Amending Resolution No. 12121 Setting the Order of Business of
City of Alameda City Council Meetings.
Respectfully submitted,
Lara Weisiger U
City Clerk
CITY OF ALAMEDA RESOLUTION NO.
AMENDING RESOLUTION NO. 12121
SETTING THE ORDER OF BUSINESS
OF CITY OF ALAMEDA CITY COUNCIL MEETINGS
WHEREAS, Government Code Sections 36812 and 54954.3 give the
City Council direction to adopt reasonable regulations concerning the
proceedings and order of business of City Council meetings; and
WHEREAS, the City Council at the May 21, 1991, City Council meeting
approved Ordinance 2556, establishing that Order of Business may be
established by Resolution; and
WHEREAS, the City Council at the June 18, 1991, City Council meeting
approved Resolution No. 12121, setting the Order of Business of City of
Alameda City Council Meetings; and
WHEREAS, it is desired that the Order of Business be amended to
include a section of Oral Communications after Proclamations, Special Orders
of the Day and Announcements in order to allow 15 minutes of public comment
prior to action items, and
WHEREAS it is desired that the Order of Business be amended to
moved City Manager Communications after Agenda Items.
NOW, THEREFORE, BE IT RESOLVED that the Order of Business be
amended as follows:
Section 1 At the hour appointed for each regular meeting, the members
of the Council, City Manager, City Attorney and City Clerk shall assemble in the
designated location. Thereupon, business shall be taken up for consideration
and disposition in the order established by Resolution of the City Council in the
following order:
1. Roll Call
2. Agenda Changes
3. Proclamations, Special Orders of the Day and Announcements
4. Oral Communications, Non Agenda (Public Comment)
5. Consent Calendar
6. Agenda Items
7. City Manager Communications (Communications from City Manager)
8.` Oral Communications, Non Agenda (Public Comment)
9. Council Referrals
10. Council Communications (Communications from Council)
11. Adjournment
Resolution #4 -J CC
1- 18 -11 -11
Section 2 The order of business set by the aforesaid Resolution of the
City Council may be suspended at any City Council meeting by a majority vote
of the members in attendance.
I, the undersigned, hereby certify that the foregoing Resolution was duly
and regularly adopted and passed by the Council of the City of Alameda in
regular meeting assembled on the 18 day of January, 2011, by the following
vote to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official
seal of the said City this 19 day of January, 2011.
Lara Weisiger, City Clerk
City of Alameda
WIN L ei
To: Honorable Mayor and
Members of the City Council
From: Lisa Goldman
Acting City Manager
Date: January 18, 2011
Re: Presentation on Lawrence Berkeley National Laboratory's Request for
Qualifications for a Second Campus
mzmzlm•
The Lawrence Berkeley National Laboratory (LBNL) has issued a Request For
Qualifications (RFQ) to property owners for a second campus to consolidate current
programs that are located in leased space throughout the East Bay, and to prepare for
long -term growth (Second Campus). The RFQ is attached as Exhibit 1. The RFQ
states that the new campus should be within a 20- to 25- minute commute from the
existing LBNL campus in the Berkeley hills.
The Second Campus will consolidate approximately 480,000 square feet of laboratory
and office space in the first phase of development. Currently, roughly twenty percent, or
800, of LBNL's 4,200 employees work in four leased, off campus facilities: the Joint
BioEnergy Institute (JBEI) in Emeryville, the Joint Genome Institute (JGI) in Walnut
Creek, the National Energy Research Scientific Computing Center in Oakland, and part
of the Life Sciences Division in West Berkeley. Merging these groups into the Second
Campus will create efficiencies for LBNL and spur greater collaboration for scientific
discovery.
The Second Campus must also have the potential for buildout of up to two million
square feet for future research and development facilities to meet LBNL's long -term
needs during the next 30 to 50 years.
LBNL is a federally funded research and development center under a prime contract
with the U.S. Department of Energy and is under the management of the Regents of the
University of California (UC). Final selection of the Second Campus site will require UC
approval.
DISCUSSION
The City of Alameda has assembled an inter departmental team to prepare the City's
response to the RFQ, led by the City Manager's Office with collaboration from Economic
Development, Community Development, Public Works, and Alameda Municipal Power.
City Council
Honorable Mayor and January 18, 2011
Members of the City Council Page 2 of 3
City staff will also work closely with planning, civil engineering, and environmental
consultants to prepare the response to the RFQ. The staff and consultant team is
identifying the most appropriate location at Alameda Point that meets LBNL's space
requirements and other desired attributes for the Second Campus. The recommended
site location will be presented to the City for approval at the February 2, 2011, Alameda
Reuse and Redevelopment Authority meeting. The City's response will provide in detail
the following requested information:
Developer /landowner attributes;
0 Entitlement and zoning information;
Physical site characteristics (soil characteristics, environmental contamination,
site constraints, and utilities capabilities); and
Location characteristics (distance from LBNL, access, public transportation,
amenities, neighborhood characteristics, and local attitude toward a project of
this type and scale).
UC owns a 90+ acre site in Richmond, known as the Richmond Field Station (RFS),
which generally meets the criteria listed in the RFQ and is considered by LBNL as a
viable location. The RFQ states that LBNL will be evaluating potential sites "relative to
their ability to better meet the needs of the University and the DOE." Other possible
Second Campus options may include sites within the cities of Berkeley, Emeryville, and
Oakland.
The responses to the RFQ are due March 4. UC intends to announce a short list by the
end of March and make a final site selection by June. UC expects all short- listed
respondents to engage an entity with appropriate development experience to participate
in detailed negotiations with UC and that the third -party developer will construct the
infrastructure and facilities related to the Second Campus. To meet this time
requirement, City staff will issue a solicitation for developers in early February to have a
development partner in place to discuss a preliminary development agreement with UC
by April to commence joint negotiations with UC and LBNL. Construction for the first
phase is to begin in July 2013, with occupancy by December 2015.
FINANCIAL IMPACT
UC intends to finance the development of the site. However, UC will also consider
third -party financing, or a combination of public and private financing, if such financing
would be more beneficial.
The City would receive many direct and indirect benefits, including:
A catalytic effect on the redevelopment of Alameda Point;
Spillover office and lab space demand at Alameda Point and in local business
parks;
Honorable Mayor and
Members of the City Council
January 18, 2011
Page 3 of 3
New administrative, managerial and advanced degree positions and wages in the
clean tech and life sciences fields; and
i Local spending by LBNL employees with local increases in retail sales.
As a public institution, a Second Campus at Alameda Point will not generate any
property or sales tax revenue for the City. The City anticipates that producing its
response may cost between $20,000 and $25,000, which will be paid through the
existing ARRA budget.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
1. The Naval Air Station Alameda Community Reuse Plan (1996) calls for the
creation of a mixed -use, sustainable development at Alameda Point, including an
emphasis on significant job creation.
2. The Alameda Point General Plan Amendment (2003) encourages a mixed -use
development, which includes over two million square feet of commercial
development.
3. The City's Economic Development Strategic Plan (2000 and 2006) Strategy #1 is
the creation of industrial and office jobs.
RECOMMENDATION
This staff report is for information and discussion purposes only. No action is requested
at this time.
spec tfully submitted,
Exhibits:
1. Lawrence Berkeley National Laboratory's Request for Qualifications for a
Second Campus.
University of California
Lawrence Berkeley National Laboratory
I Cyclotron Road
Berkeley, CA 94720-8288
W�=
Phone 510.495.2607
Email lbcrosby@lbl.gov
MOM
City Council
Exhibit to
Agenda It #5®
®1 ®1 1
LBNL 2nd Campus RFQ 0103
ARTICLE 1. INTRODUCTION
The Regents of the University of California (University) manage Lawrence Berkeley National
Laboratory (LBNL, Berkeley Lab, the Laboratory), a federally funded research and development
center, under a prime contract with the US Department of Energy (DOE). Berkeley Lab
conducts unclassified research across a wide range of disciplines to deliver science -based
solutions to problems of national significance, with a strong emphasis on energy efficiency and
carbon reduction. It employs approximately 4,200 scientists, engineers, support staff and
students. Eleven scientists associated with Berkeley Lab have won the Nobel Prize.
Approximately 280 LBNL scientists hold a joint appointment with a University of California
campus.
Berkeley Lab's base budget for fiscal year 2010 was approximately $718 million. A recent study
estimates the Laboratory's overall economic impact on the nine San Francisco Bay Area
counties to be nearly $700 million annually. Technologies developed at Berkeley Lab have
generated billions of dollars in revenues, and thousands of jobs. Savings as a result of Berkeley
Lab developments in lighting and windows, and other energy efficient technologies, are in the
billions of dollars.
LBNL is located in the Berkeley hills, immediately adjacent to the campus of the University of
California, Berkeley. The University seeks to develop a second LBNL campus with the potential
for approximately 2 million gross square feet (GSF) of research and development facilities to
accelerate its pace of innovation, technology transfer, and commercialization; creating high
quality jobs in the process. The new campus would consolidate approximately 480,000 GSF of
leased laboratory and office space in the first phase of development. Existing programs in
leased facilities include Genomics, Life Sciences, and Physical Biosciences. The balance of the
development capacity would allow for additional consolidation, growth of existing programs, new
initiatives, and co- location with UC Berkeley, other UC programs, and complementary third
party R &D organizations.
The University is issuing this Request for Qualifications (RFQ) for the purpose of identifying a
short list of sites that best meet the Site Attributes listed in Article 2. Accordingly, the University
is requesting eligible organizations to submit a written response to this RFQ in accordance with
the schedule defined in Article 6.
The University intends to identify several sites from the responses to this RFQ and enter into
more detailed negotiations with the landowners and /or land representatives "Respondents
The results of these more detailed negotiations would be the final selection of a preferred site
for the second campus. It is the University's expectation that all short listed Respondents will
engage an entity with appropriate development experience to participate in the detailed
negotiations and that the third party developer will construct the infrastructure and facilities. The
University intends to finance the development of the site. However, the University will also
consider third party financing, or a combination of public and private financing, if such financing
would be more beneficial.
The University owns a 90+ acre property in Richmond which is generally referred to as the
Richmond Field Station (RFS). RFS by and large meets the parameters of the Site Attributes.
Respondents to this RFQ should know that the University may choose to site the second
campus at RFS and will be evaluating potential sites relative to their ability to better meet the
needs of the University and the DOE.
Page 2 of 14
LBNL 2nd Campus RFQ 0103
ARTICLE 2. SITE ATTRIBUTES
The University seeks to have the following attributes for its second campus, to the maximum
extent practicable:
1. The site should allow for the development of a state -of- the -art facility with a beautiful
environment that will be the location of choice for internationally recognized researchers.
It should allow for sustainable land use and circulation patterns, maximizing density to
reduce overall building footprints and conserve open space. The site should allow for the
placement and massing of buildings to maximize shared views.
2. The location should be within an approximately 20 to 25- minute commute from the
existing LBNL main entrance at Blackberry Gate.
3. The site should have development capacity for approximately 2 million gross square feet
of laboratory, office, and support facilities.
4. The site should be able to accommodate future large -scale research activities, including
potential structures approximately 3,000 feet in length.
5. The second campus should be located in a welcoming community with a positive civic
expression of interest in development of the site and the resulting creation of high quality
jobs.
6. The second campus should be located in a safe community to ensure that employees,
visitors, and guests are safe when coming to /returning home from work.
7. The site should be readily accessible to a variety of modes of public transportation,
inclusive of local buses, mass transit (BART, Amtrak, and AC Transit), and shuttle
services. The site should allow for ADA accessible grade -level connections. The site
should allow safe bicyclist access from a designated bike path such as the Bay Trail,
8. The site should be proximate to either existing or planned restaurants and cafes which
offer a range in price and food types, preferably within walking distance. The site should
be proximate to either existing or planned convenience stores, a post office, banks
and /or ATMs, auto repair /gas stations, child care facilities, hotels, and motels. These
establishments should be no more than a 10- minute commute. The site should be
proximate to existing or planned publicly accessed recreational facilities such as
gymnasiums, health clubs, and outdoor fields.
9. The site should facilitate efficient constructability of facilities (buildings, parking
structures, bridges etc.), infrastructure development (roads, underground utilities,
pedestrian walkways, etc.), and open space.
10. The site should allow for the development of sustainable land use and circulation
patterns which maximize bicycle, pedestrian and shuttle services.
11. The site should allow for electrical, natural gas, and water utilities for the lowest possible
cost.
12. The site should have, or it should be reasonably feasible to attain, unimpeded (not
crossing public roads) access to public fiber optic paths (telephone, cable company or
third party) and dual cable entrance facilities.
13. The site should require minimal or no environmental remediation or have a funded plan
approved to address remediation. Any prior decontamination of the site should have
been in accordance with state and federal requirements.
Page 3 of 14
i i
14. The area surrounding the site should provide adequate separation from sources of
vibration (e.g. railways, freeways, etc.) or electromagnetic radiation (e.g. overhead
transmission lines or power substation) and the potential research facilities areas.
15. The site should have minimal overdraft (groundwater depletion) and groundwater related
subsidence. It should not be located in areas where there is the risk of flooding caused
by storm related events, potential dam failure, or coastal hazards (including sea water
rise) that cannot be mitigated at a reasonable expense. If buildings exist on the site, they
should include systems for appropriate storm water management and wastewater
discharge related to existing aquifers, waterways, and storm water systems.
16. The site should have minimal occurrence of highly compressible ground surface
conditions (e.g. areas known or considered prone to liquefaction).
17. Any existing buildings that the Respondent proposes for use by LBNL must meet the
current version of the University of California seismic requirements (or be rehabilitated to
meet those requirements), which can be found at:
http://www.ucop.edu/facil/resg/seismic-safety
ARTICLE 3. CONTENT OF THE RESPONSE
Each response to the RFQ must include the following:
1. General
A. Include a cover letter identifying the Respondent's name and address, solicitation
number and title, and the name(s), title(s), email address, and telephone number(s) of
the individuals who have commitment authority on behalf of the site.
2. Summary Statement
A. Provide a statement of the key reasons why this site should be short- listed for further
consideration as LBNL's second campus. 1 page maximum
B. Provide a summary of the site's legal description, soil characteristics, environmental
condition, utilities, sustainable elements, existing facilities and tenants, unusual costs
associated with constructing facilities, developer /land owner attributes, entitlement,
distance from LBNL, accessibility, local public transportation, service providers and
amenities proximate to the site, neighborhood characteristics, and local attitude toward a
project of this type and scale. 2 page maximum
3. Developer Land Owner attributes:
A. Provide a brief description of the Respondent's legal structure.
B. Provide a history of Respondent's business experience in California, the Bay Area, and
the locality within which the proposed site exists.
Respondents are not expected to have a development team or partnership identified at this
stage in the process. However, if such information is available please provide the following;
C. Describe the development partnership, if any, proposed for the project. Provide a
description of the partnership skills, resources and, if the partnership has been formed,
the terms of the partnership agreement.
D. Describe the Respondent's willingness and ability to finance the development of the
second campus. Provide a history of the entity's financing experience for similar
projects.
Page 4 of 14
LBNL 2nd Campus RFQ 0103
E. Provide a copy of the Respondent's financial statements for the most recent three years.
The University will treat any financial information in the response to this RFQ as
proprietary.
4. Entitlement: (Please note. The University is generally exempt from local jurisdictions having
land use authority. If the land is controlled by UC, UC may entitle the development. Provide
the following information for purposes of comparison and to understand local land use
designations.
A. Describe the current zoning of the site and the adjacent properties. Provide information
with respect to anticipated future zoning changes, types of change and associated
timeframes.
B. Describe the development capacity under the current zoning and /or the anticipated
zoning change(s). Provide massing studies if available, or otherwise describe potential
development capacity up to 2 million square feet.
C. Provide a listing of the local state federal authority approval(s) required for
development of the site and describe the process necessary to obtain the approvals.
5. Physical Site Characteristics
A. Legal Description
i. Name of the site: Provide a common, recognizable name for the proposed second
campus to which it will be referenced by the Respondent.
ii. Size of the site: Provide the size of the site in gross and developable acreage with
current land and property zoning requirements and restrictions for the parcel(s)
and /or building(s).
iii. Location, legal description: Provide the location of the site with the physical
address inclusive of street name and number, city, municipality, zip code, and
county. Provide the applicable parcel information, property vesting information, tax
and assessment information, tract number, subdivision number, legal lot number,
and document number.
iv. Title: Provide a preliminary title commitment and access to all underlying title
documents through an ftp (file transfer protocol to transfer data from one computer
to another) website. If an entity other than the respondent controls portions of the
site, describe the relationship to the respondent and method for securing fee
simple title. Also provide information on any other unrecorded rights including
leases that might affect development of the property.
v. Title Transfer: Describe the method for transferring fee title of the site to the
University (e.g. purchase of the entire site prior to construction, purchase upon
completion of the first phase, lease purchase over time, or other method of transfer
such as a gift) and the expected method for determining the purchase price (e.g.
appraisal, negotiated price, dedication of land).
B. Soil Characteristics (to the extent known)
i. Groundwater level: Provide an assessment of the existing groundwater levels
describing known aquifers, water cycles, overdraft (groundwater depletion), and
groundwater related subsidence, and /or seawater intrusion. Provide a description
of the known groundwater levels as they apply to the borders and site property
lines.
Page 5 of 14
Geotechnical reports: Provide o description of the existing geOteohnica|conditions
including the terrain and prior known land use, general area geology, fault
proximity, landslides, and other concerns such as sink hole, fracturing problems,
and risk of liquefaction. Provide the key findings of any formal reports developed
for the site and the web address of an ftp site where the full reports and files can
be accessed.
iii. Describe existing vibration sources within the vicinity
of the proposed site such aa heavy vehicles un conventional pavement and
existing rail systems.
iv. Describe the average depth of bedrock throughout the site.
Provide an assessment of constructability on the site with respect to excavation for
foundations, underground utilities, subterranean parking structures, underground
storage tanks and the like which references the U.8. Geological Survey map and
map database for the Oakland metropolitan area, Alameda and Contra Costa
counties.
C. Environmental Contamination:
i 8OU Provide a description of previous removal or treatment of contaminated soils.
ii. Provide e description of previous removal or treatment of
contaminated groundwater.
iii. Describe the current and prior regulatory status of
the proposed site with regard io contaminated soil and groundwater.
iv. Describe the extent nfpast, current or
future environmental cleanup measures for properties within 2 feet ofthe
property boundary.
v. Describe the environmental studies that have been and/or
still need to be conducted for the Site. Provide the key findings of any formal
reports developed for the site and the web address of an ftp site where the full
reports and files can beaccessed.
D. Provide a map, or series of maps, of the site with the extent ofall
development constraints clearly outlined and co|or-nnded.
i. Describe the extent of soil contamination (if any) onthe
proposed site and the clean uprequired.
ii. Describe the extent of groundwater contamination on
the proposed site and the clean uprequired.
iii Describe any restrictions that inhibit development within acertain
distance from the property border or other boundaries.
iv, restrictions that inhibit
development within a certain area due to a special purpose designation (e.g. State
Tide|anda, wildlife refuge buffer. or public waterfront acmeSs).
v. Describe any restrictions or easements that inhibit
development within utilities right-of-ways. Describe any nearby electromagnetic
radiation sources such as overhead transmission lines or power substations.
vi any restrictions that inhibit
development within areas designated as protected habitats, wildlife habitats and
Page eo//4
LBNL 2nd Campus RFQ 0103
movement corridors (e.g. endangered domestic fish, wildlife, native plant species,
riparian and wetland habitats).
vii. Surface conditions Describe any restrictions that inhibit development within areas
where there is an occurrence of highly compressible ground surface conditions
(e.g. areas known or considered prone to liquefaction).
viii. Municipality land use: Describe any land use constraints, zoning, development
density, zoning floor area ratios (F.A.R.), perimeter open space or parcel size
restrictions that may inhibit development of the site.
ix. Historic designation: Describe any historical, institutional, or contractual
constraints that may restrict development (e.g. National Register listing, city charter
site planning provision, view corridors, designated architectural styles, circulation
frameworks, street design and landscaping).
x. Archeological assessment: Describe any archeological study areas with statutory
protections that may inhibit development.
xi. 100 -Year flood hazards: Describe any areas evaluated by the Federal Emergency
Management Agency (FEMA) program being designated as inundated by a 100
year flood. Describe the site's elevation, or range of elevations, above sea level.
xii. Topographical: Describe any areas that significantly affect facility design (e.g.
steep slopes, areas of bedrock, significant ridgelines, and projected sea level rise).
Provide a topographical map with site boundaries clearly marked.
xiii. Areas of Severe Fire Danger: Describe the prevailing wind patterns and any areas
notable for being within severe fire areas.
xiv. Fault zones: Describe any geologic constraints (e.g. landslides and active fault
traces) that may restrict development of facilities.
xv. Open space designation and land conservation: Describe any reserved
undeveloped space or open space requirements that may restrict development of
the site.
xvi. Neighborhood interface: Describe any restrictions on development at the interface
between the surrounding neighborhood and the site.
E. Utilities (Availability Capacity Source)
i. Electricity Service Level: Describe the electrical service in both voltage and
amperage capacity available on or to the site noting how much electrical service is
readily available.
ii. Natural Gas Capacity Describe the natural gas capacity that is available at the
site. Provide size of main and pressure.
iii. Water: Describe the available water sources to the site; provide the size of the
mains and available pressure.
iv. Telecommunications: Describe the available telephone and networking
infrastructures on or to the site and provide a list of telecommunications network
system operators within proximity to the site.
v. Storm and Sanitary Sewer: Describe the storm water and sanitary sewer utilities
that currently serve the site. Describe control measures that are required for the
proposed site and list known restrictions, including required hazardous control
Page 7 of 14
11 i i
measures. Provide information on the wastewater treatment plant(s) that serve the
site.
F. Sustainable elements Describe the available or potential renewable energy elements of
the proposed site (solar, wind, geothermal, biomass). Address existing sustainable
elements with regard to brownfield redevelopment, protection and /or restoration of
habitat, or heat island effect and light pollution reduction strategies which are or may be
employed.
G. Existing Facilities and Tenants:
i. Provide a site plan to scale with locations of existing, above ground pertinent
features (e.g. buildings, major utilities sources). Provide a list of the existing
buildings. Note year constructed, gross square footage, height, number of stories,
type of construction, condition of the structure, foundations type depth, and
general condition. Describe current use (e.g. lab, office, warehouse, shop, retail,
manufacturing, etc.).
ii. Provide a list of the tenants in each existing building and information with respect
to lease expiration, and any other relevant occupancy information (such as renewal
options and first rights of refusal for purchase of the real estate).
iii. Provide a plan to vacate existing buildings on the site inclusive of schedule and
phasing of activities. Describe any costs associated with lease buy -out and
relocation.
iv. Provide a rough order -of- magnitude range of the cost associated with demolishing
any existing structures inclusive of buildings, operational yards, and underground
utilities and necessary abatement.
H. Unusual costs associated with constructing facilities at site:
i. Describe site characteristics which will increase construction cost, e.g. substantial
removal of industrial equipment; removal of decommissioned underground storage
tanks; potential for archeological findings, etc.
ii. Describe abnormal infrastructure costs that would be associated with the
construction of roads, curbs, gutters, streets, sidewalks, drainage systems and
utilities.
iii. Describe attributes of existing buildings and /or infrastructure which can be reused
or repurposed. Include age and condition of structure and /or equipment and
provide a rough order -of- magnitude range of costs adequate for necessary
refurbishment.
iv. Provide a rough order -of- magnitude range of the costs associated with
environmental cleanup to commercial standards as defined by regulatory agencies.
Describe the scheduling and /or phasing of such activities.
6. Location Characteristics:
A. Distance from LBNL Blackberry Gate
Describe the distance and how it was measured from the proposed site to LBNL's
main entrance at Blackberry Gate.
Describe average and peak commute times (and how measured) to the proposed
site from LBNL's main entrance at Blackberry Gate (as shown in Article 16).
Page 8 of 14
HE
B. Access:
i. Provide a description of the existing access conditions on and off the proposed
site. Describe the main arteries and accessible routes and proximity to existing
major streets, roadways or freeways and the potential impact that additional
vehicles may pose on these infrastructures.
C. Public Transportation:
Describe the current available modes of public transportation to and from the site
as well as the proximity of access to these services. Include access to available
parking facilities, local buses, mass transit (BART, Amtrak, and AC Transit) and /or
available shuttle services. Describe routes of pedestrian access from these
services.
ii. Provide a description of additional public transportation planned for the site.
iii. Provide a description of the pedestrian and bicycle routes to and from the site.
D. Amenities associated with, or proximate to, the site (existing and planned):
i. Restaurants Cafes: Describe the immediate and surrounding area food service
operations and establishments available to the site. Provide the type, size, price
range and hours of operation for these entities, as well as an approximate travel
distance from the site.
ii. Conference facilities: Describe the size of available conferencing facilities, type of
services available, price range, and hours of operation for these entities, as well as
an approximate travel distance from the site.
iii. Retail stores: Describe the immediate and surrounding area retail establishments
available to the site. Provide the type, size, price range, and hours of operation for
these entities, as well as an approximate travel distance from the site.
iv. Hotels: Describe the immediate and surrounding area hotels, motels, and
extended -stay establishments available to the site. Provide the type, size, and
price range, as well as an approximate travel distance from the site.
v. Recreation facilities: Describe the immediate and surrounding area recreation
facilities (both indoor and outdoor) available to the site. Provide the type, size, and
applicable usage price range, as well as an approximate travel distance from the
site.
E. Neighborhood Characteristics:
Provide a description of the neighboring properties and associated land uses.
Describe the residential, commercial, industrial, and historic characteristics of the
surrounding properties.
Describe any current development in close proximity to the site which would be
complementary to scientific research and development. Provide information as to
size of the development and the types of buildings being developed.
iii. Identify the types and frequency of crimes in the neighborhood or locality.
iv. Describe any current or planned development in close proximity to the site which
would be detrimental to scientific research and development. Provide information
as to size of the development and types of buildings being developed. Describe
Page 9 of 14
impacts on access, public transportation, amenities and the neighborhood that
could affect the proposed site.
7. Local attitude toward a project of this type and scale:
A. Describe the civic expression of interest in development of the site for the second
campus.
B. Describe the potential financial incentives that may be offered for selection of the site
from the city, county, state, utilities, etc.
C. Describe potential items that would be required for development of the site such as a fire
station, utilities improvements, road improvements, open space, Bay Trail development,
etc.
D. Include letters of support from local municipalities, development agencies, neighborhood
groups, and commercial organizations.
The University will respond to questions submitted in writing via email to Laura B. Crosby on or
before February 25, 2011 at or before 5 PM (PST). Questions submitted after the stated
date may not be answered.
Put Q 0103 in the email subject
lbcrosby@lbl.gov
Answers to questions that are germane to the interpretation of the University's requirements will
be posted with other relevant information and documents on the following website:
http: /www.Ibl.gov /Community /second campus/
ARTICLE 5. AMENDMENTS
If necessary, the University will provide supplementary information in amendment form with
specific instructions. Amendments will be posted on the website listed in Article 4. Respondents
are encouraged to check the website periodically to obtain any new postings.
ARTICLE 6. SUBMITTAL OF QUALIFICATIONS
Qualifications shall be submitted at or before 3:00 PM (PST) on March 4 2411. Submit 4
printed copies and one set of electronic files via email, flash drive, or ftp site to the addresses
listed below.
US Mail, Courier or Eland Delivery
Lawrence Berkeley National Laboratory
Procurement Attn. Laura B. Crosby
One Cyclotron Rd. Mail Stop 76 -225
Berkeley, CA 94720 -5288
LBCrosby @lbl.gov
Respondents are responsible for assuring that qualifications are received in accordance with the
submittal requirements. If the qualifications are to be delivered in person, call or email Laura
Crosby (ph. 510.495.2607 Ibcrosby @lbl.gov) on the day before the due date to arrange a
gate pass. There will be no public opening of qualifications and the identity of Respondents will
remain confidential until the short list of sites has been established.
Page 10 of 14
Acceptance of late responses will be at the University's sole discretion. The University reserves
the right to reject any and all responses, to waive any minor irregularities in any response, and
to cancel this RFQ at any time without cost to the University.
The University will not reimburse any Respondent or be liable for the cost of preparing and
responding to this RFQ.
The University will treat any commercial or financial information in the response to this RFQ as
proprietary. The University prefers not to receive proprietary technical information. If the
proposal includes any proprietary technical information, it must be marked "Proprietary" or
equivalent. The University will use its reasonable efforts to (1) maintain such proprietary
information in confidence, giving it the same degree of care, but no less than a reasonable
degree of care, as it exercises with its own proprietary information to prevent its unauthorized
disclosure; and (2) only disclose such proprietary information to its employees, agents,
consultants, subcontractors or Government personnel who have a need to know in order to
achieve the goals stated within this RFQ.
The University intends to short -list potential sites with the combination of features and attributes
that offer the best overall second campus location. The University will evaluate each response
based on the information provided, the University's own experience, and/or information from
public sources. The qualification criteria the University will use to evaluate sites include the
following factors (not listed in order of importance):
1. Location and proximity to LBNL
2. Development capacity
3. Ability to provide a workplace environment which would facilitate world class research
4. Compatible surrounding neighborhoods
5. Environmental site constraints associated with development of the site
6. Public transportation accessibility
7. Proximity to amenities that enhance the workplace environment
8. Community support for the proposed development
9. Sustainable development potential
10. Existing and potential utilities capacity and the ability to secure low -cost utility service
11. Existing buildings potential for adaptive reuse
12. Ability to develop the site in a timely manner
13. Unusual costs associated with development of the site
14. Impact of other development(s) in the surrounding neighborhoods
The Respondents may be required to submit additional information which allows the University
to make a more informed decision about placing the site on the short list. Following submittal of
qualifications, some or all Respondents may be required to provide this additional information in
one or all of the following ways:
Page 11 of 14
LBNL 2nd Campus RFQ 0103
1. Respond to requests for clarifications
2. Submit additional information upon request
3. Make a presentation and provide immediate responses to questions
Funding for the development of the second campus will be identified following the identification
of a preferred site.
a
The University anticipates establishing a short list of the most suitable sites by April 2011. An
approximate schedule for the project is shown in the following table. The schedule is preliminary
and subject to change, depending on the outcome of each project phase.
Project Phase
Begin
End
Issue and Response to RFQ
January 3, 2011
March 4, 2011
Site Selection Short List by University
March 2011
April 2011
Site Selection Detailed Negotiations
April 2011
June 2011
Select Preferred Site
June 2011
June 2011
Preliminary Development Agreement
July 2011
September 2011
Conceptual Development Plan
September 2011
June 2012
Environmental Assessment
November 2011
November 2012
University and DOE Approvals
October 2012
November 2012
Design
July 2012
June 2013
Construction
July 2013
October 2015
Occupancy
December 2015
0
The University reserves the right to enter into discussion with any Respondent on any aspect of
this RFQ. The University further reserves the right to request additional information or
clarification from any Respondent as necessary. The expected result of this RFQ is identification
of a short list of sites for further evaluation. The University does not anticipate entering into a
contract as a result of this RFQ.
By participation in this RFQ process, the Respondent agrees to hold harmless the University, its
officers, employees, student and consultants from all claims, liabilities and costs related to all
aspects of the selection process.
The University reserves the right, in its sole and absolute discretion, to discuss the requirements
of this RFQ or any element of a response to this RFQ with any entity. If the University elects to
enter into such discussions with any entity, the University shall have no obligation to give notice
to any other entity of the fact or content of such discussions.
Page 12 of 14
Way
ARTICLE 13. REAL ESTATE BRDKERIAGENTREPRESENTATION
The University is not represented by any real estate broker and/or agent. Any agent, broker or
other support used in responding tuthis RF(] shall ba payable by the Respondent.
ARTICLE 14. PREFERRED SITE IDENTIFICATION
The University will conduct a more comprehensive review of each site selected for the short list
in order to identify a preferred site. Short listed sites without adevelopment partner will have the
opportunity to assemble their development team in order to conduct detailed negotiations. The
Respondents for each of the short-listed sites will be required to submit detailed information that
will allow the University to make o preferred Site selection based substantially OD the following
factors:
1. Location
2. Ability to meet mission objectives
3. Schedule
4. Initial and Life-cycle cost
5. Risks
8. Potential for environmental impacts
7 Respondent's experience and past development performance.
It is expected that additional factors may also be considered. The University reserves the right
to negotiate with any one or more Respondent upon terms that may differ from the terms and
conditions originally solicited or offered. The Department of Energy and the Regents of the
University of California must approve the University's execution of any transaction related to the
second campus
ARTICLE 15. ENVIRONMENTAL ASSESSMENT
This RFQ, the identification of a short list of sites, and the identification of a preferred site are
not actions that trigger environmental review pursuant tothe California Environmental Quality
Act /CE{}A\Orthe National Environmental Policy Act (NEPA). Appropriate environmental
assessments will be completed prior toUC and DOE approvals.
Page oof 14
LBNL 2nd Campus RFO#0103
1 12 FEURW. "E'll 31 11 1
The map shown below highlights the|onuUonofUleB|aokbenyCanyonGatannainentranceho
LBNL. Driving times to the proposed site should be measured from this location. The gate is on
Cyclotron Road, which turns into Hearst Avenue on the north side of the UC, Berkeley campus.
Page wm14
COUNCIL REFERRAL FORM
(To be submitted to the City Clerk)
Name of Council member requesting Referral: Doug deHaan
Date of submission to City Clerk (must be submitted before 5:00 p.m.
on the Monday before the week of the Council meeting requested: January 18,
2011
Requested Council Meeting date to consider Council Referral: January 18, 2011
Brief description of the subject to be printed on the agenda, sufficient to inform
the City Council and public of the nature of the Council Referral:
A closed session meeting of the City Council was held on December 28,
2010 wherein the council took direct action to place Interim City Manger
Gallant and City Attorney Highsmith on administrative leave immediately.
The community questions the process and procedures taken at subject
meeting. The public requests detailed clarification at a public meeting. In
addition, clarification is requested as to Brown Act Compliance.
The community also questions the rights of the Interim City Manager and
the City Attorney as Civil Service employees and feel there was a complete
lack of transparency for the entire process
Council Referral #8 -A
1 -18 -11