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Resolution 12786CITY OF ALAMEDA RESOLUTION NO. 12786 AUTHORIZING GRANT APPLICATION TO THE STATE OFFICE OF TRAFFIC SAFETY AND EXPENDITURE OF GRANT FUNDS FOR A DRUNK DRIVING EDUCATION AND ENFORCEMENT PROGRAM FOR THE CITY OF ALAMEDA WHEREAS, the City recognizes the need for a more comprehensive traffic enforcement program throughout the City of Alameda; and WHEREAS, the City, through a Drunk Driving Enforcement Program, wishes to reduce injury and fatal traffic accidents, increase street and highway safety, increase the public awareness of traffic laws and traffic safety, and to apply training materials for the patrol in traffic safety, accident investigation and drunk driving; and WHEREAS, the City, through the State Office of Traffic Safety has submitted an application for federal assistance to implement a Drunk Driving Enforcement Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda that said Council endorses the proposed Drunk Driving Enforcement Program as detailed within the grant application of the Police Department of the City of Alameda. BE IT FURTHER RESOLVED that the City Manager is authorized to endorse and file a formal application for federal assistance through the State Office of Traffic Safety and is further authorized to accept such funds as may be provided to the City and shall apply such funds in conformity with the terms of the grant, in furtherance of the Drunk Driving Enforcement Program. BE IT FURTHER RESOLVED that the City of Alameda establishes its intent, upon termination of the federal assistance funds, to maintain the level of traffic enforcement made possible by the receipt of those funds, with due consideration given to any future negative financial impact there may be on the State of California or local government. CITY OF ALAMEDA RESOLUTION NO. 12787 AUTHORIZING PARTICIPATION IN STATE/FEDERAL SURPLUS PERSONAL PROPERTY PROGRAM AND REPEALING RESOLUTION NO. 12360 WHEREAS, Public Law 94-519 mandates that surplus personal property be distributed in a fair and equitable manner based on the relative needs and resources of interested eligible agencies and organizations and their abilities to utilize the property; and WHEREAS, the City of Alameda is a public agency established by law; and WHEREAS, the City of Alameda qualifies to receive federal surplus personal property; and WHEREAS, Resolution No 12360, adopted by the City (-) Council on January 5, 1993, authorized listed representatives to participate in the State/Federal Surplus Personal Property Program; and WHEREAS, Federal regulations require eligibility files to be updated at least once every three year; and WHEREAS, those officials and/or employees designated in Resolution No. 12360 are to be replaced by the officials and/or employees set forth below; and WHEREAS, Resolution No. 12592 adopted December 6, 1994 and Resolution No. 12762, adopted May 7, 1996 authorizing participation in the State/Federal Surplus Personal Property Program are to continue in full force and effect; and WHEREAS, the City of Alameda agrees to all Terms and Conditions imposed by the California State Agency for Surplus Property to receive federal surplus personal property. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Alameda hereby authorizes the renewal filing of an application for participation in the State/Federal Surplus Personal Property Program, and authorizes the City Manager to sign the same and hereby repeals Resolution No. 12360. TERMS AND CONDITIONS (A) THE DONEE CERTIFIES THAT: (1) It is a public agency; or a nonprofit institution or organization. exempt from taxation under Section 501 of the Internal Revenue Code of 1954; within the meaning of Section 203(j) of the Federal Property and Administrative Services Act of 1949, u amended. and the regulations of the Administrator of General Services. (2) if a public agency. the property is needed and will be used by the recipient for carrying out or promoting for the residents of a given political area one or more public purposes, or, if a nonprofit tax - exempt institution or organization, the property is needed for and will be used by the recipient for educational or public health purposes, including research for such purpose, or for programs for older individuals. The property is not being acquired for any other use or purpose, or for sate or other distribution; or for permanent use outside the state, except with prior approval of the state agency. (3) Funds are available to pay all costs and charges incident to donation. (4) This transaction shalt be subject to the nondiscrimination regulations governing the donation of surplus personal property issued under Title VT of the Civil Rights Act of 1964, Title VI. Section 606, of the Federal Property and Administrative Service Act of 1949. as amended, Section 504 of the Rehabilitation Act of 1973. as amended. Title IX of the Education Arnendmenta of 1972, as amended, and Section 303 of the Age Discrimination Act of 1975. " (B) THE DONEE AGREES TO THE FOLLOWING FEDERAL CONDITIONS: (1) All items of property shall be placed in use forthe purpose(s) for which acquired within one year of receipt and shall be continued in use for such purpose(s) for one year from the date the properly was placed in use. In the event the property is not so placed in use, or continued in use, the donee shall immediately notify the state agency and. at the dance's expense. return such properly to the state agency. or otherwise make the property available for transfer or other disposal by the sure agency. provided the property is still usable as determined by the state agency. Such special handling or use limitations as are imposed by General Services Administration (GSA) on any item(s) of property listed hereon. (3) in the event the property is not so used or handled as regiiired by (B)(1) and (2), title and right to the possession of such property shall at the option of GSA revert to the United States of America and upon demand the donee snail release such property to such person as GSA or its designee shall direct. (C) THE DONEE AGREES TO THE FOLLOWING CONDITIOt`S IMPOSED BY THE STATE AGENCY, APPLICABLE TO ITEMS WITH A UNIT ACQUISITION COST OF S.5,000 OR MORE AND PASSENGER MOTOR VEHICLES. REGARDLESS OFACQUISTTION COST, EXCEPT VESSELS `_0 FEET OR MORE IN LENGTH AND AIRCRAFT: (1) The property shall be used only for the purpose(s) for which acquired and for no other purpose(s) (2) There shall be a period of restriction which will expire after such property has been used for the purpose(s) for which acquired for a period of 18 months from the date the property is placed in use, except for such items of major equipment, listed hereon, on which the state agency designates a further period of restriction. 3) In the event the property is not so used as required by (C)( I) and (2) and federal restrictions (8)(1) and (2) have expired then title and right to the possession of such property shat( at the option of the state agency revert to tine State of California and the donee shalt release such property to such person as the state agency snail direct. (D) THE DONEE AGREES TO THE FOLLOWING TERMS, RESERVATIONS. AND RESTRICTIONS: (1) From the date it receives the property listed hereon and through the penod(s) of time the conditions imposed by (B) and (C) above remain in effect. the donee shall not sell. trade, lease. lend, bail, cannibalize, encumber, or otherwise dispose of such property, or remove it permanently, for use outside the state, without the prior approval of GSA under (8) or the state agency under (C). The proceeds from any sale, trade, lease, loan, bailment. encumbrance, or other disposal of the property. when such action is authorized by GSA or by the state agency, shall be remitted promptly by the donee to GSA arctic state agency. as the case may be. (2) in the event any of the property listed hereon is sold. traded. leased. loaned, bailed. cannibalized, encumbered. or otherwise disposed of by the donee from the date it receives the property through the period(s) of time the conditions imposed by (B) and (C) remain in effect, without the prior approval of GSA or the state agency, the donee. asthe option of GSA or the state agency, shall pay to GSA or the state agency. as the case may be, the proceeds of the disposal or the fair market value or the fair rental value of the property at the time of such disposal. as determined by GSA or the state agency. (3) If at any time. from the date it receives the property through the period(s) of time the conditions imposed by (B) and (C) remain ineffect.any of the property listed hereon is no longer suitable. usable. or further needed by the donee for the purposes) for which acquired, the donee shall promptly notify the state agency. and shall. as directed by the state agency. return the property to the state agency, release the property to another donee or another state agency ora department or agency of the United States. sell. ear otherwise dispose of the property. The proceeds from any sate shalt be remitted promptly by the donee to the state agency. t4) The donee shall make reports to the state a gcncy on the use, condition, and location of the property listed hereon. and on other pertinent nutters as may be required from time to time by the state agency. (5) At the option of the state agency, the donee may abrogate the conditions set forth in (C) and the terms, reservations, and restrictions pertinent thereto in (D) by payment of an amount as determined by the state agency. (E) THE DONEE AGREES TO THE FOLLOWING CONDITIONS, APPLICABLE TO ALL ITEMS OF PROPERTY LISTED HEREON: (1) The property acquired by the donee is on an `as is, "where is basis, without warranty of any kind. (2) Where a donee carries insurance against damages to or loss of property due to fire or other hazards and where loss of or damage to donated property with ncepired terms, conditions, reservations, or restrictions occurs, the state agency will be entitled to reimbursement from the donee out of the insurance proceeds. of an amount equal to the unamortized portion of the fair value of the damaged or destroyed donated items. (F) TERMS AND CONDITIONS APPLICABLE TO THE DONATION OF AIRCRAFT AND VESSELS (50 FEET OR MORE IN LENGTH) HAVING AN ACQUISITION COST OF 55,000 OR MORE, REGARDLESS OF THE PURPOSE FOR WHICH ACQUIRED: The donation shall be subject to the terms, conditions. reservations, and restrictions set forth in the Conditional Transfer, Document executed by the authorized donee representative. CITY OF ALAMEDA RESOLUTION NO. 12788 CALLING FOR A GENERAL MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION, TO BE HELD IN THE CITY OF ALAMEDA ON TUESDAY, NOVEMBER 5, 1996 WHEREAS, the Charter of the City of Alameda (the "Charter") provides that the City's General Municipal Election will be held on each even year and shall be consolidated with the Statewide General Election (the "Consolidated General Municipal Election") and that the Statewide General election shall be held in said. City on Tuesday, November 5, 1996; and WHEREAS, pursuant to the Charter, it is necessary to elect: (1) two persons to fill the office of City Councilmember; (2) one person to fill the office of City Auditor, (3) one person to fill the office of City Treasurer; and (4) three persons to fill the office of Member of Board of Education. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda as follows: Section 1. The City' S General Municipal Election is hereby called and ordered to be consolidated with the Statewide General Election to be held in said City of Alameda, State of California, on Tuesday, November 5, 1996, in accordance with the provisions of the Charter and the Elections Code of the State of California, for the purpose of voting upon any ballot measures and electing the following named officers of the City for the terms specified: a). Two (2) Councilmembers for the City Council of the City of Alameda, each term commencing at 8:00 o'clock p.m. on the third Tuesday in December, 1996, and continuing for four (4) years thereafter and until a successor is elected and qualified. b. One (1) City Auditor of the City of Alameda, with term commencing at 8:00 o'clock p.m. on the third Tuesday in December, 1996, and continuing for four (4) years thereafter and until a successor is elected and qualified. c. One (1) City Treasurer of the City of Alameda, with term commencing at 8:00 o'clock p.m. on the third Tuesday in December, 1996, and continuing for four (4) years thereafter and until a successor is elected and qualified. d) Three (3) Members of the Board of Education of the City of Alameda, each term commencing at 7:30 o'clock p.m. on the fourth Tuesday of the month in December, 1996, and continuing for four (4) years thereafter and.until a successor is elected and qualified. d) All ballot measures or advisory measures or propositions which may lawfully be submitted at said election.