Ordinance 2955CITY OF ALAMEDA ORDINANCE NO. 2955
New Series
APPROVING AND AUTHORIZING THE EXECUTION OF
A LEASE AGREEMENT BETWEEN THE EAST BAY REGIONAL PARK
DISTRICT , AS LESSEE, AND THE CITY OF ALAMEDA, AS LESSOR , AS AN
URGENCY ORDINANCE FOR A 66 YEAR LEASE FOR THE DEVELOPMENT
OF THE SAN FRANCISCO BAY TRAIL PROJECT AT ALAMEDA POINT
WHEREAS , the East Bay Regional Park District desires to expend
$250 000 in Proposition 12 grant funds on improvements atthe 26 acre Triangle
Park (sometimes referred to as "Hornet Park") in the southeast corner of
Alameda Point; and
WHEREAS, the East Bay Regional Park District has also pledged
$250 000 in Measure AA funds for these proposed improvements; and
WHEREAS , the terms of the Grant require that the District have site
control over the premises to be improved by December 31 , 2006 , and must
complete the improvements by December 31 2007; and
WHEREAS, the City is authorized by Charter to adopt an ordinance that
becomes effective upon adoption if said ordinance is one relating to "the
immediate preservation of the public peace , health or safety" and a declaration of
the facts constituting its urgency is stated and passed by a four-fifths vote of the
Council; and
WHEREAS , the proposed expenditure of $500 000 is Measure AA and
Proposition 12 funds would become unavailable for "public improvements " in the
absence of the adoption of an ordinance effective immediately upon adoption;
and
WHEREAS , a first reading on and adoption of this Ordinance on the same
date will satisfy the grant requirement of having "site control" vested in the East
Bay Regional Park District by December 31 2006 of the property to be improved;
and
WHEREAS, a 66 year lease upon a parcel of land suitable for the
proposed improvements has been negotiated upon terms that are acceptable to
the parties; and
WHEREAS, the Council of the City of Alameda finds and determines that
the use of the property proposed , to provide for recreational facilities , is in the
best interests of the City; and advances the immediate preservation of public
peace by making new facilities and recreational resources available to the youth
of the community, and thereby reducing the potential for unlawful mischief , and
advances the immediate preservation of health and safety by facilitating the
removal of debris and other physical conditions that have been allowed to exist
upon the property due to a lack of appropriate funding sources for rehabilitation
and remediation of the land; and
WHEREAS , the Council finds that said property should be leased to the
East Bay Regional Park District pursuant to an urgency ordinance upon the
affirmative vote of four members of the Council to pursue the immediate preserve
public peace, health and safety as noted above; and
WHEREAS, pursuantto City charter section 3-10, no real property of the
City shall be leased for a period in excess of one year or sold, except upon the
affirmative vote of four members of the Council.
NOW , THEREFORE , BE IT ORDAINED by the Council of the City of
Alameda, by four affirmative votes that:
Section 1. The City Council finds and determines the foregoing recitals to
be true and correct and hereby makes them a part of this Ordinance.
Section 2. That the City Manager of the City of Alameda is hereby
authorized to execute, for and on behalf of the City of Alameda , a Lease
substantially in the form and containing the terms and conditions and covenants
as set out hereinabove and the City Clerk is hereby authorized and directed to
attest to the same.
Section 3. This Ordinance shall be in full force and effect immediately
upon the date of its introduction and adoption on December 5 , 2006.
Attest:
Lara Weisiger , City Clerk
City of Alameda
******
I, the undersigned , hereby certify that the foregoing Ordinance was duly andregularly adopted and passed by the Council of the City of Alameda in a regularmeeting assembled on the 5 day of December , 2006 by the following vote to wit:
AYES:Councilmembets, Daysog," deHaan , Gilmore , Matarrese, and
Mayor Johnson - 5.
NOES:None.
ABSENT:None.
ABSTENTIONS:None.
IN WITNESS, WHEREOF , 1 have hereunto set my hand and affixed the official seal
said City this 6 day of December , 2006.
Lara Weisiger, City Clerk
City of Alameda