1994-05-19 ARRA PacketMEETING OF THE GOVERNING BODY OF THE
ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY
THURSDAY, MAY 19, 1994
5:00 p.m.
Alameda City Hall
Council Chamber
(2nd Floor)
2263 Santa Clara Ave.
Alameda, CA
1. ROLL CALL
2. AGENDA ITEMS
A. Selection of Chairperson and Vice-Chairperson of the Governing Body.
B. Report on Designation of Executive Director.
C. Report from Executive Director Recommending Adoption of Bylaws.
D. Report from Executive Director Recommending Adoption of a Resolution
Establishing Rules and Procedures.
E. Report from Executive Director Discussing Primary Functions of the Alameda
Reuse and Redevelopment Authority.
3. ORAL COMMUNICATIONS, NON-AGENDA (PUBLIC COMMENT)
(Any person may address the Governing Body in regard to any matter over which the
Governing Body has jurisdiction or of which it may take cognizance, that is not on
the agenda.)
4. COMMUNICATIONS FROM GOVERNING BODY
5. ADJOURNMENT
May 16, 1994
To: Honorable Members of the Alameda Reuse and Redevelopment Authority
From: William C. Norton
Alameda City Manager
Re: Designation of the Executive Director for the
Alameda Reuse and Redevelopment Authority
Background:
On April 5, 1994, the City of Alameda and the County of Alameda both approved the
formation of the Alameda Reuse and Redevelopment Authority through a Joint Exercise of
Powers Agreement for the purpose of establishing a public entity for assuring the effective
transition of the Alameda Naval Air Station from federal ownership to local ownership. The
Joint Exercise of Powers Agreement provides for the designation of the Executive Director
for the Alameda Reuse and Redevelopment Authority.
Discussion/Analysis:
Pursuant to Section IX.C.1. (Finances - Personnel) of the Joint Exercise of Powers
Agreement, the Alameda City Manager or his/her designee shall serve as the Executive
Director of the Authority, and shall be responsible for the administration of the Authority
through contract with the City of Alameda.
Since Don Parker has guided the Base Conversion Office, therefore he is the appropriate
person and hereby designated as the Executive Director for the Alameda Reuse and
Redevelopment Authority.
13 u d e t ConsideratjopjFjscal Impact:
None.
Recommendation:
No action is necessary.
WN:jm;eb
Respectfully submitted,
William C. Norton
Alameda City Manager
BYLAWS
OF THE
ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY
ARTICLE I - THE AUTHORITY
Section 1.01. Name of Authority. The official name of the
Authority shall be the "Alameda Reuse and. Redevelopment Authority."
Section 1.02. Powers. The powers of the Authority shall be
vested in the members thereof then in office (the "Governing
Body"), who reserve unto themselves the right to delegate by
resolution such powers as are appropriate pursuant to the "Alameda
Reuse and Redevelopment Authority Joint Exercise of Powers
Agreement", dated April 5, 1994 (the "Joint Powers Agreement"), and
as permissible by law.
Section 1.03. Members. The members of the Governing Body
shall be as set forthin subsection (A) of Section VI of the Joint
Powers Agreement.
Section 1.04. Fiscal Year. The fiscal year shall be from
to
ARTICLE II - OFFICERS
Section 2.01. Officers. The officers of the Authority shall
be the Chairperson and Vice-Chairperson of the Governing Body.
Other Authority officials acting by contract as staff to the
Governing Body shall be an Executive Director, a Secretary, a
Finance Director and a General Counsel.
Section 2.02. Chairperson. The Chairperson of the Governing
Body shall be elected by the members of the Governing Body from
amongst themselves as provided for in the Joint Powers Agreement.
The term of office of the Chairperson shall be one year. The
Chairperson shall preside at all meetings of the Governing Body.
Except as otherwise authorized by resolution of the Governing Body
or the provisions of these Bylaws, the Chairperson shall sign all
contracts, deeds and other instruments made by the Authority. At
each meeting, the Chairperson shall submit recommendations and
information as the Chairperson may consider proper concerning the
business, affairs and policies of the Authority.
Section 2.03. Vice-Chairperson. The Vice-Chairperson of the
Governing Body shall be elected by the members of the Governing
Body from amongst themselves. The term of office of the Vice-
Chairperson shall be one year. The Vice-Chairperson shall perform
the duties of the Chairperson in the absence or incapacity of the
Chairperson. In case of the resignation or death of the
Chairperson, the Vice-Chairperson shall perform such duties as are
imposed on the Chairperson until such time as the Governing Body
shall elect a new Chairperson.
Section 2.04. Executive Director. The Authority shall
contract with the City Manager of the City of Alameda or the City
Manager's designee to serve as the Executive Director of the
Authority. The Executive Director shall have general supervision
over the administration of Authority business, affairs, and
employees pursuant to the Joint Powers Agreement and in accordance
with all applicable laws. The Executive Director shall have such
powers and authority as set forth by resolution duly adopted by the
Governing Body.
Section 2.05. Secretary. The Secretary shall be appointed by
the Executive Director and shall serve at the pleasure of the
Executive Director. The Secretary shall keep the records of the
Authority, act as secretary at meetings of the Governing Body,
record all votes and keep a record of the proceedings of the
Governing Body in a journal of proceedings to be kept for such
purpose, and perform all duties incident to the Secretary's office.
Section 2.06. Finance Director. The Authority shall contract
with the Finance Director of the City of Alameda or the Finance
Director's designee, to serve as the Finance Director of the
Authority. The Finance Director shall have the care and custody of
all funds of the Authority and shall deposit the same in the name
of the Authority in such bank of banks as the Governing Body may
select. The Finance Director shall sign all orders and checks for
the payment of money and shall pay out and disburse such monies
under the direction of the Governing Body. The Finance Director
shall keep regular books of account, showing receipts and
expenditures, and shall render to the Governing Body at each
regular meeting, or more often when requested, an account of
transactions and the financial conditions of the Authority.
Section 2.07. General Counsel. The Authority shall contract
with the City Attorney of the City of Alameda or the City
Attorney's designee to serve as the General Counsel of the
Authority. The General Counsel shall be the chief legal officer of
the Authority and shall be responsible for the preparation of all
proposed resolutions, laws, rules, contracts, bonds and other legal
papers for the Authority and shall endorse approval as to form.
The General Counsel shall give advice or opinions in writing to the
Governing Body whenever requested to do so. The General Counsel
2
shall attend to all suits and other matters to which the Authority
is a part or-in which the Authority may be legally interested and
do such other things pertaining to the General Counsel's office as
the Governing Body may request.
Section 2.08. Additional Duties. The officers of the
Authority shall perform such other duties and functions as may from
time to time be required by the Governing Body or the Bylaws or
rules and regulations of the Authority.
Section 2.09. Absences and Vacancies. In the temporary
absence of the Chairperson and Vice-Chairperson, the Governing Body
shall elect a member present as temporary Chairperson for the
purpose of conducting meetings and performing the duties of the
Chairperson. Should the offices of the Chairperson or Vice-
Chairperson become vacant, the Governing Body shall elect a
successor from its membership at the next regular meeting, and such
election shall be for the unexpired term of said office.
ARTICLE III - MEETINGS
Section 3.01. Regular Meetings. Regular meetings of the
Governing Body shall be held at the time, frequency, and place
specified by resolution duly adopted by the Governing Body.
Section 3.02. Special Meetings. Special meetings of the
Governing Body shall be called and held in a manner specified by
resolution duly adopted by the Governing Body.
Section 3.03. Brown Act. All meetings of the Governing Body
shall comply with the applicable sections of the Ralph M. Brown Act
(Government Code Section 54950, et seq.), as amended.
Section 3.04. Order of Business. The order of business of
the Authority shall be taken up for consideration and disposition
in the order established by duly adopted resolution of the
Authority. All resolutions shall be in writing and designated by
number, reference to which shall be inscribed in the minutes and an
approved copy of each resolution filed in the official book of
resolutions of the Authority.
Section 3.05. Manner of Voting. The Governing Body shall
vote by roll call, and the ayes, noes and members present not
voting shall be entered upon the minutes of such meeting.
Section 3.06. Rules of Order. The Governing Body shall adopt
rules of order governing the proceedings and order of business of
the Governing Body by resolution. All other matters not covered by
these rules shall be decided by a majority of the Governing Body.
Robert's Rules of Order Revised may be used as a guide.
ARTICLE IV - AMENDMENTS
Section 4.01. Amendments to Bylaws. The Bylaws of the
Authority may be amended by the Governing Body at any regular or
special meeting as provided for in the Joint Powers Agreement
provided that no such amendment shall be adopted at least seven (7)
days' written notice thereof has been previously given to all
members of the Governing Body. Such notice shall identify the
section or sections of the Bylaws proposed to be amended and the
proposed amendment.
CERTIFICATE OF SECRETARY
The undersigned hereby certifies that:
1. The undersigned is the duly elected and acting Secretary
of the Alameda Reuse and Redevelopment Authority.
2. The foregoing Bylaws, consisting of pages, constitute
the Bylaws of said Authority as duly adopted and in full force and
effect on the date hereof.
IN WITNESS WHEREOF, I have hereunto subscribed my name and
affixed the seal of said this day of , 1994.
Secretary
4
May 16, 1994
To: Honorable Members of the Alameda Reuse and Redevelopment Authority
From: William C. Norton
Executive Director of the Authority
Re: Report from the Executive Director Recommending Adoption of a Resolution
Establishing Rules and Procedures
Background:
April 5, 1994, the City of Alameda and the County of Alameda both approved the formation
of the Alameda Reuse and Redevelopment Authority through a Joint Exercise of Powers
Agreement for the purpose of establishing a public entity for assuring the effective transition
of the Alameda Naval Air Station from federal ownership to local ownership. The Joint
Exercise of Powers Agreement provides for the adoption of rules and procedures for the
Alameda Reuse and Redevelopment Authority ("Governing Body").
Discussion/Analysis:
Pursuant to Section VIII.E. (Meetings of the "Governing Body" - Rules and Regulations) of
the Joint Exercise of Powers Agreement, the "Governing Body" shall adopt bylaws, rules,
and regulations for the conduct of its meetings and affairs.
Attached for the "Governing Body's" consideration are draft Rules and Procedures for the
Alameda Reuse and Redevelopment Authority meetings.
Fiscal Impact:
None.
Recommendation:
It is recommended that at the organizational meeting of the Alameda Reuse and
Redevelopment Authority the membership adopt the draft Rules and Procedures for the
conduct of its meetings and affairs.
espectfully ibrnJ
William C. Norton
Executive Director of the Authority
Attachment
WN:jm:eb
BYLAWS
OF THE
ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY
ARTICLE I - THE AUTHORITY
Section 1.01. Name of Authority. The official name of the
Authority shall be the "Alameda Reuse and Redevelopment Authority."
Section 1.02. Powers. The powers of the Authority shall be
vested in the members thereof then in office (the "Governing
Body"), who reserve unto themselves the right to delegate by
resolution such powers as are appropriate pursuant to the "Alameda
Reuse and Redevelopment Authority Joint Exercise of Powers
Agreement", dated April 5, 1994 (the "Joint Powers Agreement"), and
as permissible by law.
Section 1.03. Members. The members of the Governing Body
shall be as set forth in subsection (A) of Section VI of the Joint
Powers Agreement.
Section 1.04. Fiscal Year. The fiscal year shall be from
to
ARTICLE II - OFFICERS
Section 2.01. Officers. The officers of the Authority shall
be the Chairperson and Vice-Chairperson of the Governing Body.
Other Authority officials acting by contract as staff to the
Governing Body shall be an Executive Director, a Secretary, a
Finance Director and a General Counsel.
Section 2.02. Chairperson. The Chairperson of the Governing
Body shall be elected by the members of the Governing Body from
amongst themselves as provided for in the Joint Powers Agreement.
The term of office of the Chairperson shall be one year. The
Chairperson shall preside at all meetings of the Governing Body.
Except as otherwise authorized by resolution of the Governing Body
or the provisions of these Bylaws, the Chairperson shall sign all
contracts, deeds and other instruments made by the Authority. At
each meeting, the Chairperson shall submit recommendations and
information as the Chairperson may consider proper concerning the
business, affairs and policies of the Authority.
Section 2.03. Vice-Chairperson. The Vice-Chairperson of the
Governing Body shall be elected by the members of the Governing
Body from amongst themselves. The term of office of the Vice-
Chairperson shall be one year. The Vice-Chairperson shall perform
the duties of the Chairperson in the absence or incapacity of the
Chairperson. In case of the resignation or death of the
Chairperson, the Vice-Chairperson shall perform such duties as are
imposed on the Chairperson until such time as the Governing Body
shall elect a new Chairperson.
Section 2.04. Executive Director. The Authority shall
contract with the City Manager of the City of Alameda or the City
Manager's designee to serve as the Executive Director of the
Authority. The Executive Director shall have general supervision
over the administration of Authority business, affairs, and
employees pursuant to the Joint Powers Agreement and in accordance
with all applicable laws. The Executive Director shall have such
powers and authority as set forth by resolution duly adopted by the
Governing Body.
Section 2.05. Secretary. The Secretary shall be appointed by
the Executive Director and shall serve at the pleasure of the
Executive Director. The Secretary shall keep the records of the
Authority, act as secretary at meetings of the Governing Body,
record all votes and keep a record of the proceedings of the
Governing Body in a journal of proceedings to be kept for such
purpose, and perform all duties incident to the Secretary's office.
Section 2.06. Finance Director. The Authority shall contract
with the Finance Director of the City of Alameda or the Finance
Director's designee, to serve as the Finance Director of the
Authority. The Finance Director shall have the care and custody of
all funds of the Authority and shall deposit the same in the name
of the Authority in such bank of banks as the Governing Body may
select. The Finance Director shall sign all orders and checks for
the payment of money and shall pay out and disburse such monies
under the direction of the Governing Body. The Finance Director
shall keep regular books of account, showing receipts and
expenditures, and shall render to the Governing Body at each
regular meeting, or more often when requested, an account of
transactions and the financial conditions of the Authority.
Section 2.07. General Counsel. The Authority shall contract
with the City Attorney of the City of Alameda or the City
Attorney's designee to serve as the General Counsel of the
Authority. The General Counsel shall be the chief legal officer of
the Authority and shall be responsible for the preparation of all
proposed resolutions, laws, rules, contracts, bonds and other legal
papers for the Authority and shall endorse approval as to form.
The General Counsel shall give advice or opinions in writing to the
Governing Body whenever requested to do so. The General Counsel
2
shall attend to all suits and other matters to which the Authority
is a part or in which the Authority may be legally interested and
do such other things pertaining to the General Counsel's office as
the Governing Body may request.
Section 2.08. Additional Duties. The officers of the
Authority shall perform such other duties and functions as may from
time to time be required by the Governing Body or the Bylaws or
rules and regulations of the Authority.
Section 2.09. Absences and Vacancies. In the temporary
absence of the Chairperson and Vice-Chairperson, the Governing Body
shall elect a member present as temporary Chairperson for the
purpose of conducting meetings and performing the duties of the
Chairperson. Should the offices of the Chairperson or Vice-
Chairperson become vacant, the Governing Body shall elect a
successor from its membership at the next regular meeting, and such
election shall be for the unexpired term of said office.
ARTICLE III - MEETINGS
Section 3.01. Regular Meetings. Regular meetings of the
Governing Body shall be held at the time, frequency, and place
specified by resolution duly adopted by the Governing Body.
Section 3.02. Special Meetinas. Special meetings of the
Governing Body shall be called and held in a manner specified by
resolution duly adopted by the Governing Body.
Section 3.03. Brown Act. All meetings of the Governing Body
shall comply with the applicable sections of the Ralph M. Brown Act
(Government Code Section 54950, et sea.), as amended.
Section 3.04. Order of Business. The order of business of
the Authority shall be taken up for consideration and disposition
in the order established by duly adopted resolution of the
Authority. All resolutions shall be in writing and designated by
number, reference to which shall be inscribed in the minutes and an
approved copy of each resolution filed in the official book of
resolutions of the Authority.
Section 3.05. Manner of Voting. The Governing Body shall
vote by roll call, and the ayes, noes and members present not
voting shall be entered upon the minutes of such meeting.
Section 3.06. Rules of Order. The Governing Body shall adopt
rules of order governing the proceedings and order of business of
the Governing Body by resolution. All other matters not covered by
these rules shall be decided by a majority of the Governing Body.
Robert's Rules of Order Revised may be used as a guide.
3
ARTICLE IV -
ENDMENTS
Section 4.01. Amendments to Bylaws. The Bylaws' of the
Authority may be amended by the Governing Body at any regular or
special meeting as provided for in the Joint Powers Agreement
provided that no such amendment shall be adopted at least seven (7)
days' written notice thereof has been previously given to all
members of the Governing Body. Such notice shall identify the
section or sections of the Bylaws proposed to be amended and the
proposed amendment.
CERTIFICATE OF SECRET
•
Y
The undersigned hereby certifies that:
1. The undersigned is the duly elected and acting Secretary
of the Alameda Reuse and Redevelopment Authority.
2. The foregoing Bylaws, consisting of pages, constitute
the Bylaws of said Authority as duly adopted and in full force and
effect on the date hereof.
IN WITNESS WHEREOF, I have hereunto subscribed my name and
affixed the seal of said this day of , 1994.
Secretary
4
MEETING OF THE GOVERNING BODY OF THE
ALAN1EDA REUSE AND REDEVELOPMENT AUTHORITY
THURSDAY, MAY 19, 1994
5:00 p.m.
Alameda City Hall
Council Chamber
(2nd Floor)
2263 Santa Clara Ave.
Alameda, CA
ROLL CALL
2. AGENDA ITEMS
A. Selection of Chairperson and Vice-Chairperson of the GoverninL, Body.
B. Report on Designation of Executive Director.
C. Report from Executive Director Recommending Adoption of Bylaws.
D. Report from Executive Director Recommending Adoption of a Resolution
Establishing Rules and Procedures.
E. Report from Executive Director Discussing Primary Functions of the Alameda
Reuse and Redevelopment Authority.
3. ORAL COMMUNICATIONS, NON-AGENDA (PUBLIC COMMENT)
(Any person may address the Governing Body in regard to any matter over which the
Governing Body has jurisdiction or of which it may take cognizance, that is not on
the agenda.)
4. COMMUNICATIONS FROM GOVERNING BODY
5. ADJOURNMENT
May 16, 1994 -
To:
From: William C. Norton
Executive Director of the Authority
Honorable Members of the Alameda Reuse and Redevelopment Authority
Re: Selection of Chairperson and Vice-Chairperson of the "Governing Body"
Background:
On April 5, 1994, the City of Alameda and the County of Alameda both approved the foiniation
of the Alameda Reuse and Redevelopment Authority ("Governing Body") through a Joint
Exercise of Powers Agreement for the purpose of establishing a public entity for assuring the
effective transition of the Alameda Naval Air Station from federal ownership to local ownership.
The Joint Exercise of Powers Agreement provides for the selection of a Chairperson and Vice-
Chairperson of the Alameda Reuse and Redevelopment Authority.
Discussion/Analysis:
Pursuant to Section VIII.F. (Meetings of the "Governing Body" - Chairperson) of the Joint
Exercise of Powers Agreement, the Chairperson and Vice-Chairperson of the "Governing Body"
shall be selected by the members from amongst themselves. The term of office of the
Chairperson and Vice-Chairperson shall be one year.
Pursuant to Section VIII.C.8. (Meetings of the "Governing Body" - Voting) of the Joint Exercise
of Powers Agreement, a vote of 5 members of the "Governing Body", three of whom shall be
representatives of the Alameda City Council, is required to take action on the selection of the
Chairperson of the "Governing Body".
Fiscal Impact:
None.
Recommendation:
It is recommended that at the organizational meeting of the Alameda Reuse and Redevelopment
Authority the membership elect a Chairperson and Vice-Chairperson pursuant to the process
outlined in the Joint Exercise of Powers Agreement.
WN:jm:eb
Respectfully submitted,
William C. Norton
Executive Director of the Authority
May 16, 1994
To: Honorable Members of the Alameda Reuse and Redevelopment Authority
From: William C. Norton
Alameda City Manager
Re: Designation of the Executive Director for the
Alameda Reuse and Redevelopment Authority
Background:
On April 5, 1994, the City of Alameda and the County of Alameda both approved the
formation of the Alameda Reuse and Redevelopment Authority through a Joint Exercise of
Powers Agreement for the purpose of establishing a public entity for assuring the effective
transition of the Alameda Naval Air Station from federal ownership to local ownership. The
Joint Exercise of Powers Agreement provides for the designation of the Executive Director
for the Alameda Reuse and Redevelopment Authority.
Discussion/Analysis:
Pursuant to Section IX.C.1. (Finances - Personnel) of the Joint Exercise of Powers
Agreement, the Alameda City Manager or his/her designee shall serve as the Executive
Director of the Authority, and shall be responsible for the administration of the Authority
through contract with the City of Alameda.
Since Don Parker has guided the Base Conversion Office, therefore he is the appropriate
person and hereby designated as the Executive Director for the Alameda Reuse and
Redevelopment Authority.
Budget Consideration/Fiscal Impact:
None.
Recommendation:
No action is necessary.
WN:jm:eb
Respectfully submitted,
William C. Norton
Alameda City Manager
May 16, 1994
To:
From: William C. Norton
Executive Director of the Authority
Re: Report from Executive Director Recommending Adoption of Bylaws
Background:
Honorable Members of the Alameda Reuse and Redevelopment Authority
On April 5, 1994, the City of Alameda and the County of Alameda both approved the
formation of the Alameda Reuse and Redevelopment Authority through a Joint Exercise of
Powers Agreement for the purpose of establishing a public entity for assuring the effective
transition of the Alameda Naval Air Station from federal ownership to local ownership. The
Joint Exercise of Powers Agreement provides for the adoption of the Alameda Reuse and
Redevelopment Authority ("Governing Body") Bylaws.
Discussion/Analysis:
Pursuant to Section VIII.E. (Meetings of the "Governing Body" - Rules and Regulations) of
the Joint Exercise of Powers Agreement, the "Governing Body" shall adopt bylaws, rules,
and regulations for the conduct of its meetings and affairs. Attached for the "Governing
Body's" consideration are draft Bylaws of the Alameda Reuse and Redevelopment Authority.
Pursuant to Section VIII.C.6. (Meeting.s of the "Governing Body" - Voting) of the Joint
Exercise of Powers Agreement, a vote of 5 members of the "Governing Body", three of
whom shall be representatives of the Alameda City Council, is required to take action on the
adoption of or any amendments to the Authority's Bylaws.
Fiscal Impact:
None.
Recommendation:
It is recommended that at the organizational meeting of the Alameda Reuse and
Redevelopment Authority the membership adopt the draft Bylaws.
Attachment
WCN:jm:eb
ectfully submitted,
William C. Norton,
Executive Director of the Authority
May 16, 1994
To:
From: William C. Norton
Executive Director of the Authority
Honorable Members of the Alameda Reuse and Redevelopment Authority
Re: Report from the Executive Director Recommending Adoption of a Resolution
Establishing Rules and Procedures
Background:
April 5, 1994, the City of Alameda and the County of Alameda both approved the formation
of the Alameda Reuse and Redevelopment Authority through a Joint Exercise of Powers
Agreement for the purpose of establishing a public entity for assuring the effective transition
of the Alameda Naval Air Station from federal ownership to local ownership. The Joint
Exercise of Powers Agreement provides for the adoption of rules and procedures for the
Alameda Reuse and Redevelopment Authority ("Governing Body").
Discussion/Analysis:
Pursuant to Section VIII.E. (Meetings of the "Governing Body" - Rules and Regulations) of
the Joint Exercise of Powers Agreement, the "Governing Body" shall adopt bylaws, rules,
and regulations for the conduct of its meetings and affairs.
Attached for the "Governing Body's" consideration are draft Rules and Procedures for the
Alameda Reuse and Redevelopment Authority meetings.
Fiscal Impact:
None.
Recommendation:
It is recommended that at the organizational meeting of the Alameda Reuse and
Redevelopment Authority the membership adopt the draft Rules and Procedures for the
conduct of its meetings and affairs.
Attachment
WN:jm:eb
espectfullyebmit
•0 •
William C. Norton
Executive Director of the Authority
May 16, 1994
To:
From:
Re:
Background:
Honorable Members of the Alameda Reuse and Redevelopment Authority
William C. Norton
Executive Director of the Authority
Report from the Executive Director Discussing Primary Functions of the
Alameda Reuse and Redevelopment Authority
On April 5, 1994, the City of Alameda and the County of Alameda both approved the
formation of the Alameda Reuse and Redevelopment Authority through a Joint Exercise of
Powers Agreement for the purpose of establishing a public entity for assuring the effective
transition of the Alameda Naval Air Station from federal ownership to local ownership.
Discussion/Analysis:
Verbal report from the Executive Director of the Authority discussing primary functions of
the Alameda Reuse and Redevelopment Authority.
Fiscal Impact:
None.
Recommendation:
No action is necessary.
Respectfully submitted,
William C. Norton
Executive Director of the Authority
WN:jm:eb
DEPARTMENT OF THE NAVY
COMMANDER
NAVAL BASE, SAN FRANCISCO
TREASURE ISLAND, 410 PALM AVENUE
SAN FRANCISCO, CALIFORNIA 94130-0411
William C. Norton
Office of the City Manager
Room 301, City Hall
2263 Santa Clara Ave.
Alameda, CA 94501
Dear Mr. Norton:
IN REPLY REFER TO:
5090
Ser NO3/0545
18 May 94
This letter is in response to the execution of the Alameda
Reuse and Redevelopment Authority-Joint Exercise of Powers
Agreement. I am certain that as a regional body, the Alameda
Reuse Authority will duly represent the varied interests of the
City and County of Alameda as the Naval Air Station proceeds
through the closure process.
In response to your request for official recognition of the
body by the Secretary of Defense through my office, I have
forwarded a copy of the Joint Powers Agreement to the Assistant
Secretary of the Navy for Installations and Environment with my
full endorsement. Additionally, I fully support the selection of
Don Parker to act on your behalf as the Executive Director of the
Authority. I am certain that his knowledge and expertise will
enable the Alameda Reuse Authority to formulate and effectively
implement a reuse plan for the entire air station.
Should you have any questions for this office, my Regional
Base Realignment and Closure Coordinator is Captain Dwayne
Oslund. He can be reached at (415) 395-3918. I look forward to
working with you and the Alameda Reuse Authority in the future.
Sincerely,
ERNEST F. TEDESCHI, JR.
Rear Admiral, U. S. Navy
(
ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY
MEMBERS
Councilmember Ralph Appezzato
City of Alameda
City Hall
2263 Santa Clara Ave.
Alameda, CA 94501-4456
(510) 748-4506
FAX (510) 748-4504
Councilman "Lil" Arnerich
City of Alameda
City Hall
2263 Santa Clara Ave.
Alameda, CA 94501-4456
(510) 748-4506
FAX (510) 748-4504
Mayor Ellen Corbett
City of San Leandro
835 E. 14th Street
San Leandro, CA 94577
(510) 577-3355
FAX (510) 577-3340
Mr. Mark Friedman
Aide to Supervisor Don Perata
Alameda County Board of Supervisors
District 3
1221 Oak Street, Suite 536
Oakland, CA 94612
(510) 272-6693
FAX (510) 268-8004
Councilmember Karin Lucas
City of Alameda
City Hall
2263 Santa Clara Ave.
Alameda, CA 94501-4456
(510) 748-4506
FAX (510) 748-4504
Vice-Mayor Richard Roth
City of Alameda
City Hall
2263 Santa Clara Ave.
Alameda, CA 94501-4456
(510) 748-4506
FAX (510) 748-4504
Mr. Sandre Swanson
District Director
9th Congressional District
1301 Clay Street, Suite 1000 N
Oakland, CA 94612
(510) 763-0370
FAX (510) 763-6538
Mayor E. William Withrow, Jr.
City of Alameda
Office of the Mayor, Room 301
City Hall
2263 Santa Clara Ave.
Alameda, CA 94501-4456
(510) 748-4545
FAX (510) 748-4504
Councilmember Dezie Woods-Jones
City of Oakland
City Hall
505 14th Street
Oakland, CA 94612
(510) 238-3266
FAX (510) 238-6129
ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY
RESOLUTION NO. / 00 r
ESTABLISHING RULES AND PROCEDURES FOR
ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY MEETINGS
WHEREAS, the City of Alameda and County of Alameda have
determined that issues related to the closure of the Alameda Naval
Air Station and Depot can best be addressed through an entity
called the Alameda Reuse and Redevelopment Authority; and
WHEREAS, the Alameda Reuse and Redevelopment Authority
Joint Exercise of Powers Agreement between the City of Alameda and
County of Alameda was formed April 5, 1994 for the purpose of
establishing a public entity for assuring the effective transition
of the Alameda Naval Air Station from federal ownership to local
ownership and use which agency is hereinafter designated "Alameda
Reuse and Redevelopment Authority ";
NOW, THEREFORE, BE IT RESOLVED by the Alameda Reuse and
Redevelopment Authority that said Authority hereby establishes the
rules and procedures for Alameda Reuse and Redevelopment Authority
meetings attached hereto as Exhibit A.
EXHIBIT A
ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY
RULES AND PROCEDURES
Section 1. Meetings.
The regular meetings of the Alameda Reuse and Redevelopment
Authority, shall be held in the City Council Chamber of the Alameda
City Hall on the day of each month at
p.m., except when a meeting day falls upon a holiday, in which case
the meeting shall be held on the next succeeding business day at
the same hour. All meetings shall be open and public, except as
otherwise provided by law. If it reasonably appears to the
Secretary of the Alameda Reuse and Redevelopment Authority that (a)
the Council Chamber is not large enough to accommodate the number
of persons likely to attend any meeting, or (b) special facilities
other than the Chamber are required for a particular meeting, or,
(c) a meeting will constitute a joint session with another agency
to be held at the latter's usual meeting place, or, (d) advantages
exist in having an on-site meeting, the Secretary may, with consent
of the Chairperson, give appropriate written or oral notice at the
commencement thereof that such meeting will be called to order in
the Council Chamber and thereupon continued to the time and place
required by reason of the special circumstances hereinabove
mentioned.
Section 2. Agendas.
a. At least seventy-two (72) hours before a regular
meeting, the Secretary shall post an agenda containing a brief
general description of each item of business thereon and specifying
the time and location of the meeting.
b. No action shall be taken on items not appearing on
the posted agenda unless permitted by general law.
Section 3. Special Meeting.
A special meeting may be called by the Chairperson or
majority of the members of the Governing Body by serving all
members as required by general law within at least twenty-four (24)
hours prior to the meeting, except for emergency meetings, with
written notice of the time and place thereof and the business to be
transacted. No other business may be considered at such meeting.
The Secretary shall poll the members of the Governing Body and
attempt to arrange a date and time convenient to all members.
Section 4. Adjournment of Meetings.
The Governing Body may adjourn any regular, adjourned
regular, special or adjourned special meeting to a time.and place
specified in the order of adjournment. Less than a quorum may so
adjourn from time to time. If all members of the Governing Body
are absent from a meeting the Secretary may declare the meeting
adjourned to a stated time and shall cause written notice of the
adjournment to be given in the same manner as provided in Section
3 for special meetings, unless such notice is waived. A copy of
the order or notice of adjournment shall be conspicuously posted on
or near the door of the place where the meeting was held within
twenty-four (24) hours after the time of adjournment. When an order
of adjournment of any meeting fails to state the hour at which the
adjournment meeting is to be held, it shall be held at the hour
first provided in Section 1 for regular meetings. If the adjourned
meeting is adjourned for more than five (5) calendar days, those
items so adjourned shall be reposted.
Section 5. Submission of Matters
Before 5:00 p.m. on the Monday of the week prior to each
meeting of the Governing Body any official, board, commission or
other municipal body having any reports, communications or other
matters for submission to the Governing Body, shall hand the same
to the Secretary whereupon the Secretary shall arrange a list of
such.matters according to the order of business specified in
Section 6.
Section 6. Order of Business.
Promptly at the hour appointed for each regular meeting,
the members of the Governing Body shall assemble in City Hall in
the designated Council Chamber location. Thereupon, business shall
be taken up for consideration and disposition in the following
order:
1. Roll Call
2. Consent Calendar
3. Agenda Items
4. Oral Communications, Non-Agenda (Public Comment)
5. Communications from Governing Body
6. Adjournment
The order of business may be suspended at any Governing
Body meeting by a majority vote of the members in attendance.
It is the general policy of the Alameda Reuse and
Redevelopment Authority to prepare draft minutes of the
deliberations of the Governing Body. These minutes will include
speakers on every question and the basic position taken on the
issue addressed. Minutes must be finalized and adopted by the
2
majority of Governing Body members in order to be regarded as an
official record of the Alameda Reuse and Redevelopment Authority.
A true copy of the minutes of proceedings of regular and
special meetings not theretofore approved, as the same shall be
entered in the journal of proceedings, shall be provided by the
Secretary to each member of the Governing Body at least twenty-four
(24) hours before regular meetings. Unless otherwise ordered by the
Governing Body, the minutes of meetings may be approved without a
reading of same. Any member of the public may request that
corrections or deletions be made to the minutes. These requests
may be acted upon by the Alameda Reuse and Redevelopment Authority
with appropriate review and deliberation.
Section 7. Rules of Order.
The following definitions and rules shall govern the
proceedings and order of business of the Governing Body:
a. Items listed under the "consent calendar" are considered
routine and will be enacted, approved, or adopted by one (1)
motion, unless a request for removal for discussion or explanation
is received from the Governing Body.
b. Hearings shall consist of matters wherein ndtice and
public hearings are required by law and such matters as the
Governing Body may deem necessary or desirable to schedule for
public hearing. No member of the Governing Body shall discuss or
listen to discussion of the facts of any matter which by law
requires evidence to be taken at a public hearing by the Alameda
Reuse and Redevelopment Authority while such matter is pending
before the Alameda Reuse and Redevelopment Authority or any agency
thereof, except in open meeting of the Governing Body, nor shall
the facts of any such matter which may probably be the subject of
public hearing by the Governing Body be discussed outside of any
Alameda Reuse and Redevelopment Authority meeting by any member
thereof.
c. Under the item of business entitled "oral communications,
nonagenda items", any person may address the Alameda Reuse and
Redevelopment Authority in regard to any matter over which the
Governing Body has jurisdiction or of which it may take cognizance,
that it is not on the agenda.
d. Appeals shall be presented to the Governing Body as
required by law. Persons other than parties to the appeal may speak
only by permission of the Governing Body. No member of the
Governing Body shall discuss the evidence applicable to an appeal
with Non-Governing Body members while such matter is pending except
in open meeting of the Governing Body.
e. Prior to public discussion or Governing Body
deliberation, the presiding officer or other person designated
thereby shall describe the item of business before the Governing
Body.
3
f. Public Discussion.
1. Permission. Any person addressing the Governing
Body shall first secure the permission of the
presiding officer.
2. Not a Debate. Public discussion should not be used
to elicit a debate between the Governing Body and
the public. Speakers should not be interrupted
unless they are out of order.
3. Time Limits. Except for public hearings and other
specified situations, no one, including members of
the Governing Body shall speak for more than (3)
minutes. The Chairperson, as Presiding Officer,
may grant additional time upon determination that
the information is of interest. Spokepersons may
speak for up to fifteen (15) minutes at the
discretion of the Chairperson, as Presiding
Officer. At public hearings, the Governing Body
may establish similar or longer time limits prior
to commencement of the hearing as well as establish
an overall time period for the hearing.
4. Pending Motion. When a motion is pending before the
Governing Body, no person other than a member shall
address the Governing Body without first securing
the permission of the Chairperson to do so.
5. Public discussion shall precede Governing Body
deliberation unless a motion to deliberate first is
adopted; (public discussion may follow Governing
Body deliberation).
6. No discussion shall be permitted without approval
of the Governing Body after a motion which would
terminate further deliberation has been adopted.
Such permission shall be given where both a public
hearing is required by law and the speaker states
that he/she has evidence to give which has not yet
been put into the record.
g Governing Body Deliberation.
1. Presiding Officer May Deliberate. The presiding
officer may deliberate from the chair, subject only
to such limitations of deliberation as are by these
rules imposed on all members, and shall not be
deprived of any of the rights and privileges as a
member of the Governing Body by reason of his/her
acting as the presiding officer.
2. Conflict of Interest. In situations where there is
a conflict of interest, members of the Governing
Body are required to abstain from voting on the
item and participating in the decision-making
process. The following procedures should be
followed:
(i) Declare the conflict of interest.
(ii) State the basis of the conflict of interest.
4
(iii) Do not discuss or vote on the matter.
(iv) Step down from the podium until the item
is completed.
3. Getting the Floor; Improper References to be
Avoided. Every member desiring to speak shall
address the Chairperson, and upon recognition by
the presiding officer, shall confine himself/
herself to the question under deliberation.
4. Interruptions. A member, once recognized, shall not
be interrupted when speaking unless it be to call
the member to order, or as herein otherwise
provided. If a member, while speaking, be called to
order, the member shall cease speaking until the
question of order be determined, and if in order,
said member shall be permitted to proceed.
5. Remarks of Governing Body member; When Entered in
Minutes. Any Governing Body member may request,
through the presiding officer, the privilege of
having a written abstract of the member's statement
on any subject under consideration by the Governing
Body entered in the minutes. If the Governing Body
consents thereto, such statement shall be entered
in the minutes.
6. Motion to Reconsider. A motion to reconsider any
action taken by the Governing Body may be made only
on the date such action was taken. It may be made
either immediately during the same session, or at a
recessed or adjourned session thereof. Such motion
must be made by one (1) of the prevailing side, and
may be made at any time and have precedence over
all other motions or while a member has the floor;
it shall be debatable. Nothing herein shall be
construed to prevent any member of the Governing
Body from making or remaking the same or other
motion at a subsequent meeting of the Governing
Body or a motion to rescind.
7. Repeal or Amendment of Action Requiring More than a
Majority Vote. Any resolution which is passed and
which, as part of its terms, requires more than a
majority vote of the Governing Body in order to
pass a motion pursuant to such an resolution, shall
require a vote of the same percent of the Governing
Body to repeal or amend the resolution.
8. Motion to Table. A motion to lay on the table shall
preclude all amendments on deliberation of the
subject under consideration. If the motion shall
prevail, the consideration of the subject may be
resumed only upon a motion of a member voting with
the majority.
9. Motion to Call for Question or Continue to a Date
Specific. A motion to call for the question or
continue the matter to a specific date shall
5
preclude all amendments to or deliberation of the
subject under consideration and is not debatable.
10. Statement of Position. When a motion to call for
question or table is adopted, each member of the
Governing Body may briefly state his/her position
on the matter before roll call or call for the next
item of business.
11. Privilege of Closing Deliberation. The Governing
Body member moving the adoption of an resolution
shall have the privilege of closing the
deliberations or making the final statement.
12. Division of Question. If the question contains two
(2) or more divisionable propositions, the
presiding officer may, and upon request of a member
shall, divide the same.
13. Second Required. All motions except for nominations
and a point of order shall require a second.
14. Forms of Action. The Alameda Reuse and
Redevelopment Authority may act by motion or
resolution. All motions shall be recorded in the
minutes verbatim. All resolutions shall be in
writing and the title shall be recorded verbatim in
the minutes as well as the vote thereon. '
15. Miscellaneous. All other matters not covered by
these rules shall be decided by a majority of the
Governing Body. Robert's Rules of Order may be used
as a guide.
16. Voting Procedure. When a majority vote cannot be
reached on matters where more than two (2)
candidates or propositions are at issue, the issue
shall be decided by successive votes wherein the
candidate or proposition receiving the least number
of votes on each vote shall be eliminated for the
next vote until a majority vote is reached.
Preferential voting or point system voting shall
not be used.
h. Meetings will be adjourned at 11:00 p.m. unless the
Governing Body adopts a motion to continue.
Section 8. Conflict of Interest.
The Alameda Reuse and Redevelopment Authority shall abide by
the terms of the Political Reform Act of 1974 (California
Government Code Section 81000 et seq.). Members of the Governing
Body and staff shall not participate in any decision in which they
have a conflict of interest.
6
Section 9. Other Rules.
The Alameda Reuse and Redevelopment Authority may adopt such
other rules or by-laws for the conduct and control of its
procedures as are not inconsistent with its Joint Powers Authority
Agreement or By-Laws.
Section 10.
These Rules and Procedures and Amendments thereof shall be
effective on the date of the adoption hereof and shall govern the
conduct of the Governing Body.
Section 11.
A copy of these Rules and Procedures and Amendments thereto
shall be filed in the office of the Secretary of the Alameda Reuse
and Redevelopment Authority.
5 \RULESPRO.REV (5/16/94)
7
ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY
RESOLUTION NO.
ESTABLISHING RULES AND PROCEDURES FOR
ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY MEETINGS
WHEREAS, the City of Alameda and County of Alameda have
determined that issues related to the closure of the Alameda Naval
Air Station and Depot can best be addressed through an entity
called the Alameda Reuse and Redevelopment Authority; and
WHEREAS, the Alameda Reuse and Redevelopment Authority
Joint Exercise of Powers Agreement between the City of Alameda and
County of Alameda was formed April 5, 1994 for the purpose of
establishing a public entity for assuring the effective transition
of the Alameda Naval Air Station from federal ownership to local
ownership and use which agency is hereinafter designated "Alameda
Reuse and Redevelopment Authority ";
NOW, THEREFORE, BE IT RESOLVED by the Alameda Reuse and
Redevelopment Authority that said Authority hereby establishes the
rules and procedures for Alameda Reuse and Redevelopment Authority
meetings attached hereto as Exhibit A.
EXHIBIT A
ALAMEDA REUSE lo REDEVELOPMENT AUTHORITY
RULES AND PROCEDURES
Section 1. Meetings.
The regular meetings of the Alameda Reuse and Redevelopment
Authority, shall be held in the City Council Chamber of the Alameda
City Hall on the day of each month at
p.m., except when a meeting day falls upon a holiday, in which case
the meeting shall be held on the next succeeding business day at
the same hour. All meetings shall be open and public, except as
otherwise provided by law. If it reasonably appears to the
Secretary of the Alameda Reuse and Redevelopment Authority that (a)
the Council Chamber is not large enough to accommodate the number
of persons likely to attend any meeting, or (b) special facilities
other than the Chamber are required for a particular meeting, or,
(c) a meeting will constitute a joint session with another agency
to be held at the latter's usual meeting place, or, (d) advantages
exist in having an on-site meeting, the Secretary may, with consent
of the Chairperson, give appropriate written or oral notice at the
commencement thereof that such meeting will be called to order in
the Council Chamber and thereupon continued to the time and place
required by reason of the special circumstances hereinabove
mentioned.
Section 2. Agendas.
a. At least seventy-two (72) hours before a regular
meeting, the Secretary shall post an agenda containing a brief
general description of each item of business thereon and specifying
the time and location of the meeting.
b. No action shall be taken on items not appearing on
the posted agenda unless permitted. by general law.
Section 3. Special Meeting.
A special meeting may be called by the Chairperson or
majority of the members of the Governing Body by serving all
members as required by general law within at least twenty-four (24)
hours prior to the meeting, except for emergency meetings, with
written notice of the time and place thereof and the business to be
transacted. No other business may be considered at such meeting.
The Secretary shall poll the members of the Governing Body and
attempt to arrange a date and time convenient to all members.
1
Section 4. Adjournment of Meetings.
The Governing Body may adjourn any regular, adjourned
regular, special or adjourned special meeting to a time and place
specified in the order of adjournment. Less than a quorum may so
adjourn from time to time. If all members of the Governing Body
are absent from a meeting the Secretary may declare the meeting
adjourned to a stated time and shall cause written notice of the
adjournment to be given in the same manner as provided in Section
3 for special meetings, unless such notice is waived. A copy of
the order or notice of adjournment shall be conspicuously posted on
or near the door of the place where the meeting was held within
twenty-four (24) hours after the time of adjournment. When an order
of adjournment of any meeting fails to state the hour at which the
adjournment meeting is to be held, it shall be held at the hour
first provided in Section 1 for regular meetings. If the adjourned
meeting is adjourned for more than five (5) calendar days, those
items so adjourned shall be reposted.
Section 5. Submission of Matters
Before 5:00 p.m. on the Monday of the week prior to each
meeting of the Governing Body any official, board, commission or
other municipal body having any reports, communications or other
matters for submission to the Governing Body, shall hand the same
to the Secretary whereupon the Secretary shall arrange a list of
such matters according to the order of business specified in
Section 6.
Section 6. Order of Business.
Promptly at the hour appointed for each regular meeting,
the members of the Governing Body shall assemble in City Hall in
the designated Council Chamber location. Thereupon, business shall
be taken up for consideration and disposition in the following
order:
1. Roll Call
2. Consent Calendar
3. Agenda Items
4. Oral Communications, Non-Agenda (Public Comment)
5. Communications from Governing Body
6. Adjournment
The order of business may be suspended at any Governing
Body meeting by a majority vote of the members in attendance.
It is the general policy of the Alameda Reuse and
Redevelopment Authority to prepare draft minutes of the
deliberations of the Governing Body. These minutes will include
speakers on every question and the basic position taken on the
issue addressed. Minutes must be finalized and adopted by the
2
majority of Governing Body members in order to be regarded as an
official record of the Alameda Reuse and Redevelopment Authority.
A true copy of the minutes of proceedings of regular and
special meetings not theretofore approved, as the same shall be
entered in the journal of proceedings, shall be provided by the
Secretary to each member of the Governing Body at least twenty-four
(24) hours before regular meetings. Unless otherwise ordered by the
Governing Body, the minutes of meetings may be approved without a
reading of same. Any member of the public may request that
corrections or deletions be made to the minutes. These requests
may be acted upon by the Alameda Reuse and Redevelopment Authority
with appropriate review and deliberation.
Section 7. Rules of Order.
The following definitions and rules shall govern the
proceedings and order of business of the Governing Body:
a. Items listed under the "consent calendar" are considered
routine and will be enacted, approved, or adopted by one (1)
motion, unless a request for removal for discussion or explanation
is received from the Governing Body.
b. Hearings shall consist of matters wherein notice and
public hearings are required by law and such matters as the
Governing Body may deem necessary or desirable to schedule for
public hearing. No member of the Governing Body shall discuss or
listen to discussion of the facts of any matter which by law
requires evidence to be taken at a, public hearing by the Alameda
Reuse and Redevelopment Authority while such matter is pending
before the Alameda Reuse and Redevelopment Authority or any agency
thereof, except in open meeting of the Governing Body, nor shall
the facts of any such matter which may probably be the subject of
public hearing by the Governing Body be discussed outside of any
Alameda Reuse and Redevelopment Authority meeting by any member
thereof.
c. Under the item of business entitled "oral communications,
nonagenda items", any person may address the Alameda Reuse and
Redevelopment Authority in regard to any matter over which the
Governing Body has jurisdiction or of which it may take cognizance,
that it is not on the agenda.
d. Appeals shall be presented to the Governing Body as
required by law. Persons other than parties to the appeal may speak
only by permission of the Governing Body. No member of the
Governing Body shall discuss the evidence applicable to an appeal
with Non-Governing Body members while such matter is pending except
in open meeting of the Governing Body.
e. Prior to public discussion or Governing Body
deliberation, the presiding officer or other person designated
thereby shall describe the item of business before the Governing
Body.
f. Public Discussion.
1. Permission. Any person addressing the Governing
Body shall first secure the permission of the
presiding officer.
2. Nob a Debate. Public discussion should not be used
to elicit a debate between the Governing Body and
the public. Speakers should not be interrupted
unless they are out of order.
3. Time Limits.. Except for public hearings and other
specified situations, no one, including members of
the Governing Body shall speak for more than (3)
minutes. The Chairperson, as Presiding Officer,
may grant additional time upon determination that
the information is of interest. Spokepersons may
speak for up to fifteen (15) minutes at the
discretion of the Chairperson, as Presiding
Officer. At public hearings, the Governing Body
may establish similar or longer time limits prior
to commencement of the hearing as well as establish
an overall time period for the hearing.
4. Pending Motion. When a motion is pending before the
Governing Body, no person other than a member shall
address the Governing Body without first securing
the permission of the Chairperson to do so.
5. Public discussion shall precede Governing Body
deliberation unless a motion to deliberate first is
adopted; (public discussion may follow Governing
Body deliberation).
6. No discussion shall be permitted without approval
of the Governing Body after a motion which would
terminate further deliberation has been adopted.
Such permission shall be given where both a public
hearing is required by law and the speaker states
that he/she has evidence to give which has not yet
been put into the record.
g Governing Body Deliberation.
1. Presiding Officer May Deliberate. The presiding
officer may deliberate from the chair, subject only
to such limitations of deliberation as are by these
rules imposed on all members, and shall not be
deprived of any of the rights and privileges as a
member of the Governing Body by reason of his/her
acting as the presiding officer.
2. Conflict of Interest. In situations where there is
a conflict of interest, members of the Governing
Body are required to abstain from voting on the
item and participating in the decision-making
process. The following procedures should be
followed:
(i) Declare the conflict of interest.
(ii) State the basis of the conflict of interest.
4
(iii) Do not discuss or vote on the matter.
(iv) Step down from the podium until the item
is completed.
3. Getting the Floor; Improper References to be
Avoided. Every member desiring to speak shall
address the Chairperson, and upon recognition by
the presiding officer, shall confine himself/
herself to the question under deliberation.
4. Interruptions. A member, once recognized, shall not
be interrupted when speaking unless it be to call
the member to order, or as herein otherwise
provided. If a member, while speaking, be called to
order, the member shall cease speaking until the
question of order be determined, and if in order,
said member shall be permitted to proceed.
5. Remarks of Governing Body member; When Entered in
Minutes. Any Governing Body member may request,
through the presiding officer, the privilege of
having a written abstract of the member's statement
on any subject under consideration by the Governing
Body entered in the minutes. If the Governing Body
consents thereto, such statement shall be entered
in the minutes.
6. Motion to Reconsider. A motion to reconsider any
action taken by the Governing Body may be made only
on the date such action was taken. It may be made
either immediately during the same session, or at a
recessed or adjourned session thereof. Such motion
must be made by one (1) of the prevailing side, and
may be made at any time and have precedence over
all other motions or while a member has the floor;
it shall be debatable. Nothing herein shall be
construed to prevent any member of the Governing
Body from making or remaking the same or other
motion at a subsequent meeting of the Governing
Body or a motion to rescind.
7. Repeal or Amendment of Action Requiring More than a
Majority Vote. Any resolution which is passed and
which, as part of its terms, requires more than a
majority vote of the Governing Body in order to
pass a motion pursuant to such an resolution, shall
require a vote of the same percent of the Governing
Body to repeal or amend the resolution.
8. Motion to Table. A motion to lay on the table shall
preclude all amendments on deliberation of the
subject under consideration. If the motion shall
prevail, the consideration of the subject may be
resumed only upon a motion of a member voting with
the majority.
9. Motion to Call for Question or Continue to a Date
Specific. A motion to call for the question or
continue the matter to a specific date shall
preclude all amendments to or deliberation of the
subject under consideration and is not debatable.
10. Statement of Position. When a motion to call for
question or table is adopted, each member of the
Governing Body may briefly state his/her position
on the matter before roll call or call for the next
item of business.
11. Privilege of Closing Deliberation. The Governing
Body member moving the adoption of an resolution
shall have the privilege of closing the
deliberations or making the final statement.
12. Division of Question. If the question contains two
(2) or more divisionable propositions, the
presiding officer may, and upon request of a member
shall, divide the same.
13. Second Required. All motions except for nominations
and a point of order shall require a second.
14. Forms of Action. The Alameda Reuse and
Redevelopment Authority may act by motion or
resolution. All motions shall be recorded in the
minutes verbatim. All resolutions shall be in
writing and the title shall be recorded verbatim in
the minutes as well as the vote thereon.
15. Miscellaneous. All other matters not covered by
these rules shall be decided by a majority of the
Governing Body. Robert's Rules of Order may be used
as a guide.
16. Voting Procedure. When a majority vote cannot be
reached on matters where more than two (2)
candidates or propositions are at issue, the issue
shall be decided by successive votes wherein the
candidate or proposition receiving the least number
of votes on each vote shall be eliminated for the
next vote until a majority vote is reached.
Preferential voting or point system voting shall
not be used.
h. Meetings will be adjourned at 11:00 p.m. unless the
Governing Body adopts a motion to continue.
Section 8. Conflict of Interest.
The Alameda Reuse and Redevelopment Authority shall abide by
the terms of the Political Reform Act of 1974 (California
Government Code Section 81000 et seq.). Members of the Governing
Body and staff shall not participate in any decision in which they
have a conflict of interest.
6
Section 9. Other Rules.
The Alameda Reuse and Redevelopment Authority may adopt such
other rules or by-laws for the conduct and control of its
procedures as are not inconsistent with its Joint Powers Authority
Agreement or By-Laws.
Section 10.
These Rules and Procedures and Amendments thereof shall be
effective on the date of the adoption hereof and shall govern the
conduct of the Governing Body.
Section 11.
A copy of these Rules and Procedures and Amendments thereto
shall be filed in the office of the Secretary of the Alameda Reuse
and Redevelopment Authority.
51RULESPROREV (5/16/94)
7
May 16, 1994
To: Honorable Members of the Alameda Reuse and Redevelopment Authority
From: William C. Norton
Executive Director of the Authority
Re: Report from the Executive Director Discussing Primary Functions of the
Alameda Reuse and Redevelopment Authority
Background:
On April 5, 1994, the City of Alameda and the County of Alameda both approved the
formation of the Alameda Reuse and Redevelopment Authority through a Joint Exercise of
Powers Agreement for the purpose of establishing a public entity for assuring the effective
transition of the Alameda Naval Air Station from federal ownership to local ownership.
Discussion/Analysis:
Verbal report from the Executive Director of the Authority discussing primary functions of
the Alameda Reuse and Redevelopment Authority.
Fiscal Impact:
None.
Recommendation:
No action is necessary.
Respectfully submitted,
William C. Norton
Executive Director of the Authority
WN:jm:eb
Uttl311\1-\L
_)p4- LJda
yk-e_
ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY
JOINT EXERCISE OF POWERS AGREEMENT
-THIS AGREEMENT is entered into pursuant to the provisions of
Title 1, Division 7, Chanter 5, Article 1 (Section 6500, et sec.)
of...1:he California Government Code, relating to joint exercise of
powers, between the City of Alameda and County of Alameda, for the
purpose cf establishing a public entity for assuring the effective
transition of the Alameda Naval Air Station from federal owne-rshim
to local ownership and use which agency is hereinafter designated
"Alameda Reuse and Redevelopment Authority".
WTTN7SSETF:
WHT-7R-7AS, it is to the mutual benefit and in the best publiC
interest of the parties to this Agreement to join together to
establish this Joint Exercise of Powers Agreement for the purp-ses
hereinafter set forth; and.
WH=R=7AQ, the Alameda Naval Air Station and. Depot have been
selected for closure under the 1933 base closure process; and
WHEREAS, the Alameda Naval Air Station and. Depot are located
primarily within the city iimits.of the City of Alameda; and
WH7R7AS, the closure of the Alameda Naval. Air Station and
Depot will have a regional impact on the surrounding communities
including the County; and
WHEREAS, the regional impact on the surrounding communities
includes social and economic impacts including impacts on lccal
businesses providing direct services or support services to the
Alameda Naval Air Station and Depot and their employees, and
families; and.
WHEREAS, the closure of the Alameda Naval Air Station and
Depot will have the largest impact on the employment of the
citizens of the cities of Alameda, Oakland and San Leandro; and
WHEREAS, the City of Alameda, County of Alameda, City of
Oakland and City of San Leandro all have an interest in the
successful closure, reuse and redevelopment of the Alameda Naval
Air Station and Depot; and
WHEREAS, Title 1, Division 7, Chapter 5, Article 1
(Section 6500, et sea.) of the California Government. Code authorize
joint exercise by two or more public agencies of any power common
to them; and
WHEREAS, the City of Alameda and County of Alameda have
determined that issues related to the closure of the Alameda Naval
JF'AJ03.29.94 (REVISED) 1
2.4"- ct=t-4,-'n and Depot can best be addressed throuch an ent'tv
c=11=,4 the Alameda Reuse and Redevelocment Authority, wh'r-la 4c
created hereunder; and
w-p=R7,71c, t is the desire cf the arzes =-----c
Acrement Co jcintly =vide
or th.-= Alameda ReUS
=v=orment Authority for their mutual adventace;
anc
`TOW, THEREFORE, in consideration of the mutual advant=c.-= to
be d=-,=,-', and in con=deraton of ne ,=:c n c=
Acreement, by :he City of Alameda and Count,/ of Alameda, each of
t:re oar--°== h=.-eto does h=rehy acree that the Al=meda Re-== and
Redevecoment Authority be created as follows:
7 DE=7N7TT2N AND n G7Y7FA.7", =ROV7c7CNS
terns used
meanincs:
is Acreement she': have the :0—..z
.wnc
A. "Act". The California Joint Exercise c® Ecwers Act as
D74=on 7, Chatter 5, Article 1 c= the
Government Code cf the State of California (Government Code
Seccn 6E00, er- sec.).
C.
Alameda.
"Alaeda". The C- v c= Alameda.
"Aameda City Council".
Cit/ CcuncL of he Cv cf
_. "Author4.:v". The Al=met'a Reuse and Re_ _Lcbment
Authority created by tns Acreement, wnicn is the local reuse and
r=r4=v=jobme--.17 authortv for the Alameda Naval A'r cation and
Dec.
E. "ERAG".
Ease Reuse Advisory Grou t-. created by the
Alameda Citv Council.
F. "Scard c= Subervisors".
The Board 0= Suberviscrs of
Alameda County.
G. "County". The County cf Alameda.
"EECRC". The East Eay Conversion and R=nv==tment
Commission.
m.
Alameda.
"Executive Director". The City Manacer of che Ci / of
J. "tri=c=1 veer". That period of time established in the
Evlaws.
/P.4/03.29.94 (REVISED) 2
K. "Governinc Body". Unless the context otherwise
secis, the governina body of the Authority.
"Member". . Unless otherwise snecified, a member is
member cf the Govermina Body.
M. "Naval Ai- Station" Alameda Naval Air Station and.
Depot, a man of which is attached hereto and incorporated by
reference,
"TD=r7v". A sianatory to this Acreemenc.
C. "Redevelopment Acencv". The acenc" authorized under
California Community Redevelopment law to act as the redevelopment
agency for the Naval Air Station,
"Redevelopment Authority". The agency within the me.nirc
of Ti1e 2a of the National Defense Authorization Act of 19.94.
-
Q. "Reuse Plan". The redevelooment clan re rred. to in
Fsds-s:: base closure law that is develoced by the AuthOritv For the
Naval Air Station and that provides for the reuse and redevelopment
cf the real and personal property of the Naval Air Station that is
available for such reuse and redevelopment as a resui cf the
closure of the Naval Air Station.
II. PURPOSES AND TERM
A. PurPoses. The Authoieitv is ths loc=1 reuse and
Redevelopment Authcritv for the Naval Air St-stion. Its nurposes
include the Followinc:
7. Develop an interim reuse stratecy and a reuse Plan
for the Naval Air Station which promotes the economic
revitalization of the area within and surroundinc the Naval Air
Station by creating jobs, training or retraining of employees,
develczinc technolocy, considerinc small business concerns and
public our-Joses, and planning appropriate land uses.
2. Take title to the Naval Air Station from the federal
government.
3. Receive federal and state grants and other available
funding in order to develop and implement the reuse plan for the
Naval Air Station.
B. Term. This Agreement shall became effective as of the
date hereof, and shall continue in full force and effect until
terminated as provided herein. However, in no event shall this
Agreement be terminated before the expiration of five years from
the date this Agreement is fully executed by the parties.
113.6J03 .29.94 (REVISED)
III. CREATION OF AUTHORITY
pursuant to Section 6500, et sea, of the Government Code,
the-e 's hereby created a public entity, separate and apart from
the -part'es hereto, to be known as the Alameda Reuse and
Red,evelcoment Authority. Pursuant to Government Code Sect'on
608.1, the debts, liabiles, and obligations of the Autho7-'ry
sral7 not constitute debts, liabilities, or obligations c": any
party to this Agreement.
IV. POWERS OF AUTHOR77v
A. The Authori.Ly shall have the following common powers and
is hereby authorized to do all acts necessary for the exercise of
said common powers:
1. To prepare appropriate plan= and Policies relating
to the Naval Air Station, including ari ern le.sira st-atecv and
a final base reuse plan;
2. To appear and participate in hearins, meet'nas,
discussions, or other necessary or desirable interaction with the
United States federal government or State of California, cr any
branch cr department, or other groups or entities as may be
anprocriate to further the purpose of this Agreement;
3. To aocuire (hy sale, eminent domain or othe,-w'se),
hold, lease, manage, maintain,and dispose of real and personal
property of the Naval Air Station, and other real and personal
property as avoropriate, to carry out tHe provisions of this
Aareement;
a. To solicit and accept funds to assist in the reuse
and redevelopment process.
5. To make and enter into contracts, including but not
limited to in lieu aareements, to the Extent and in the manner
permitted under Government Code Section 6508, or other applicable
provisions of law.
6. To invest and reinvest money in the treasury of the
Authority pursuant to Government Code Section 53601;
7. To incur debts, liabilities, or obligations, but no
debt, liability, or obligation of the Authority shall be a debt,
liability, or oblication of any party to this Acreement, excett as
otherwise provided herein.
8. To aupoint standinc and suecial committees from the
Members of the Governing Body to assist the Authority. The
Governing Body may delegate as much authoritv.to such committees as
it deems desirable to fulfill their duties. In addition to
jpA/03.29.94 (REVISED)
standinc and special committees, the Governinc Body may apccint
advisory bodies from outside its Membership to provide advice in
the cerformance of its duties.
9 .
To exercise such cowers under California Community
Redeve'coment law tc the extent such may be authorized by law,
deeazed by the Parties, and ancroved by the Authority.
10. To sue and be sued in its own name; and
11, To exercise all powers necessary and procer to carry
out the terms and provisions of this Agreement, includinc but not
limited to those noted in Article 4 of the Act, or otherwise
authorized by law, and tc do all acts necessary or convenient tc
the exercise of such powers or as otherwise authorized by law.
The Authority shall proceed tc do all acts necessary cr
desirable to accomclish the purposes of this Acreement. Such acts
may, but need not necessarily include, all cr par t of the
follcw4-1c:
Coordinatinc efforts of the Parties in:
(a) Promotinc the economic revitalization of the
area within and surroundinc the Naval Air
Station;
(b) Job creation;
(c) Traininc;
(d) Technolccv develocment;
(e) P1annin for he reuse cf the Naval Air
Station;
(f) Accuisition, lease, discosition, and sale of
real property and/or facilities within the
Naval Air Station;
(g) Development cf infrastructure financing
techniques for infrastructure facilities
necessary to serve the Naval Air Station;
(h) Provision for endancered species and wetlands
mitigation at the Naval Air Station;
(i) Planning for the provision of utility and
infrastructure services at the Naval Air
Station;
(j) Planning for the protection and enhancement of
the environment at the Naval Air Station and
the surrounding area
(k) Development of plans and policies related to
housing resources and the homeless.
2 providing information for public dissemination and
establishing a clearinghouse for exchange of information and the
coordination and communication of all efforts by any Member which
JPA/03.29.94 (REVISED) 5
would affect cr otherwise relate tc the Naval Air Station and its
reuse.
3. Applyina for, receivinc, and using cranes and/or
loans From federal, state, cr local governments or from any ocher
source.
4. Neaotiatina and entering into appropriate acre.=ment
with the United States or any acencv or department thereof, for the
purtose of determinina the discosition, reuse and/or conserve, ion
of the Naval Air Station property or facilities.
The listing cf the above acts is not intended to ind±cae anv
priority of one act over the other, nor is such listimc intended tc
be inclusive, and the Authority may authorize other acts to be cc-'e
in the accomplishment of the purposes cf this Agreement. One or
several acts may take place concurrently or in secuence, as the
Authority shall direct.
V. Rcc7RVATTON OF POWERS
A. The powers cf the Authority are non-exclusive and =hall
not he construed as restricting or limitina anv Pari=s,
individually or severally, from performing any covernmert=1 o-
reculatory powers cr duties cf the Members under the law.
Each Party expressly reserves and retains tie richt to
develop', adoct, imclement, and enforce, in its sole discretion,
land use clans, land use, zonina and buildina reaulations,
redevelopment clans, capital improvement plans, and public
improvement or service Plans for crocerty, buildinas, and
facilities which are within the Naval Air Station and within its
jurisdiction.
C. To the extent permitted by law, the coverninc body of any
Party may smecifically delecate these functions or portions thereof
to the Authority. Otherwise, such functions shall remain the dutv
of the Party with jurisdiction under California law. Such
delegations shall be effective when accented by the Authority.
VI. GOVERNING BODY OF AUTHORITY
A. The Authority shall be coverned by the Governing Body
which is hereby established and which shall be commosed of the
folloWina nine Members:
• The Alameda City Council shall appoint its five
Councilmembers, including the mayor (EBCRC commissioner)
and vice mayor (EBCRC alternate)
• The Board of Stipervisors shall appoint its remresentative
from the Third Supervisorial District (if the seat
JP.4/03.29.94 (REVISED) 6
becomes vacant, the Board of Sucerv4sor5 shall make a
temporary amccintment, which shall be fdllowe wh a
permanent appointment when the seat has a permarenc
renlacement); and
The Board of Supervisors shall enter into a Memo-r-nAum c=
Understanding with EECRC, which shall provide char the
Board of Sunervisors shall ancoint the follow'rg th-e-
Members:
1. the Mayor of Oakland
2. the Mayor of San Leandro
3. the United States House of Recresentat4ve member
representing the Ninth Congressional D4str:7=.
If any of the three members resigns from the
Governing Body, the Board of Sunervisors shall attoint a
replacement that is selected by the EECRC, who shall be
an EECRC commissioner, subject to the ratificat4on and
veto by majority vote cf the Governing Eodv.
-If EECRC is no longer in existence and if any of the
three members'resigns from the Governing Body, the Board
of Supervisors Shall appoint replacements d4-=i-tiv,
subject to the ratification and veto by majority vote cf
the Governing Body.
E. Each Member shall appoint one alte=ate as a
renresencative. The alternate shall have all he -righs and
authority of a Member; however, these rights and authority may onlv
be exercised in the absence of the designated MeMber.
C. Each Member shall have .one vote.
D. Members shall hold membership on the Governing Body until
they are no longer aualified as determined by the public entity
which acpointed them. In the case of a vacancy in the methershin
of -the Governing Body, the vacancy shall be promptly filled,
subject to the restriction in Paragraph A above, by the public
entity which had appointed that representative.
VII. POWERS OF THE GOVERNING BODY
The Governing Body shall have the following powers and
functions:
A. The Governing Body shall have the power to conduct, on
behalf of the Authority, all business of the Authority, which the
Authority may conduct under the provisions hereof and pursuant to
law.
JP:V/03.29.94 (REVISED) 7
E. Subject to the provisions cf paracrach IX, the Gove-,minc
Eddy may hire employees and contract with consultants and spec'al
1.=,a1 counsel.
C. The Governinc Cody shall have such other powers and
functions as are provided for in this Acreement cr in the ylaws.
VIII. MEETINGS CF T:-17 GOVERN-7NC BODY
Me.=frincs. The Gcvernin Ecdy shall establish a recular
meeting
Minute. The Secretary of the Authority 'shall cause
minutes of reuiar, adjourned recular, and sPecial meetincs to be
kept.
C. Votinc. A majority of the members of the Governinc Eody
shall constitute a quorum for the transaction of business, except
ha less than a cucrum may adjourn from time to time.- A vote of
the maority of a cucrum present at a meeting shall be sufficient
to constitute action by the Governinc BOdy, except -as otherwise
stec-=cally set- for:" in this Acreement or in the bylaws. Votes
shall be cast in person and may not be cast by proxy.
The vote of 5 members of the Governinc Body, hree of
whom shall be -eet-esentatives cf the Alameda City Council, is
r...8qtlircl to take any action on the following:
Adoption of a Community Reuse Plan.
Formation of a Redevelopment District and adoption
of a Redevelopment Plan.
Adottion of anv plan or land use proposal in
contradiction to the City's land use plan,
redevelopment, and zoning plan,
4. Delegation of any authority to another body bythe
5 Transfer Of any real or personal pr erty of the
Authority.
6. Adoption of or any amendments to the Authority's
Bylaws.
7. Termination of this Agreement.
8. Selecting the Chairperson of the Governing Body.
D. Brown Act. All meetings of the Governing Body shall
comply with the reuuirements of the Ralph M. Brown Act (Government
Code Section 54950, et sec.) as amended,
. Rules and Regulations. The Governing Body shall adopt
bylaws, rules, and regulations for the conduct of its meetings and
affairs.
IPA/03.29.94 (REVISED) 8
F. Chairperson_ The chair-Person and vice-chairperson of the
Govern'nc Body shall be selected by the Members from amcncst
themselves. The term cf office of the chairperson and vice-
chai—ce,--scn shall be one year.
IX. FINANCES
A. Accountinc.
Accountinc Procedures. The Authority shall maintain
full hooks and accounts in accordance with sound accountinc
practices 'and consistent with those utilized by municipalities. Trl
particular, the Treasurer and Auditor/Finance, Director of the
Auchor'ty shall calmly with the reauiremencs of the Ac..
2. Audit. The records and accounts of the Authority
shall be audited annually, and copies of such audit recorts shall
be filed as public records with the Auditor of Alameda County, each
Party, and each Member within twelve (12) months after-the end of
the fiscal year under examination.
E. Budcet.
1. Sources cf Funds. . Funds for the Authority shall
come from Party contributions, state or federal grants, and from
any other source. The Executive Director may take such steps as
are necessary to arrange for the Authority's receipt of such funds
as are available to it and as necessary for the conduct of its
2. General Budcet. Within sixty (GO) days after this
Agreement takes effect, and annually thereafter, the Governing Body
shall adopt a ceneral budcet for the ensuinc fiscal year. The
budcet shall be prepared in sufficient detail to constitute an
oceratinc outline for the source and amount of funds available to
the Authority and expenditures to be made during the ensuinc year
3. Approval of the Budcet. The ceneral budcet or any
amendment to the ceneral budget shall be approved by a majority of
the Gol,erninor Body. Until such time as formal approval has been
received, the budget shall be subject to further consideration and
revisions.
a. Expenditure of Funds. All expenditures within the
designations and limitations of an approved general budget shall be
made on the authorization of the Governing Body. The Authority
shall not expend funds except as specified in the approved budcet.
C. Personnel.
1. The Alameda City Manager or his/her designee shall
serve as the Executive Director of the Authority, and shall be
JPA/03.29.9 4 (REVISED) 9
responsible for the administration 'cf the Authority throuch
contract with the City cf Alameda,
2. Any employees of the Authority shall be h4r-(4,
comrensated, discimlined; and discharced by the Executive 1Dr=c-z-4-
and in accordance with all applicable laws.
D. Party Contributions. Except as prohibited by 1=w and
this Acreemenc, each Party may:
1. Make contributions and make or arrance for payments
of public funds to defray the costs related to the purposes cf this
Acreemenc; and
2. Make advances cf public funds for such purposes,
6 such advances or payments to be repaid.
X. PROP7RTv
Except as provided herein, all assets accuired bv the
Author4cv durinc the course cf its operations under .the terms of
this Acreement shall be the assets of the Authority alone, and not
of the Parties. The Governinc Ecdy may, by majority vote, t,-*=-17=er
or d4str4huce all or any part cf the AuthoritY's funds, prome-zy,
cr assets.
KI
7-117.7777.7C
Exceo as trovided ren, the debts, liabilities, and
oblications of the Authority shall be the debts, liab414t4e= and
cblications of the Authority, and not cf any or all Parties.
XII, INDEMNIFICATION
The Authority to hold harmless, indemnify, and to
defend the Parties and their officers, employees, and acents from
any and all claims for injury or damage of whatever type brought by
or on behalf of any third party, including but not limited to the
Authority's officers, employees, and agents, arising from or
connected with any acts or omissions in the performance of this
Agreement by the Authority, except from any such claim arising
solely out of the negligent acts or omissions attributable to the
Party or its officers, employees, or agents.
XIII. AMENDMENTS
This Agreement may be modified only by a written amendment
approved by the governing bodies of the Parties.
IPA/03.29.94 (REVISED)
10
XIV. ASSIGNMENT
The parties to this Aaraement shall not assign any right or
obligation hereunder without the written consent cf the other
ParZl
XV, TERMINATION
A- This Acreement may be terminated by the vote of 5 members
of the Governinc Eody, three of whom shall be represencac4vec
the Alameda City Council; provided, however, that no such
termnation shall relieve the Authority or any succeedina acencv of-
anv f"larcial obligations incurred by the Authority while actnc
pursuant to this Acreement.
B. Ucon the termination cf this Aareement, any prote-ty,
funds or assets acquired as a result of this Agreement shall be
divided or distributed in accordance with the vote Of 5 member of
the Governina Body, three cf whom shall be recresentatives oF he
Alameda City Council.
XVI. BINDING EFFECT
This Acreement shall be binding upon and shall inure to the
benefit of the permitted successors and assigns of the 2arties.
XVII. NOTICES
All notices, demands, recuests or approvals to be given under
this Acreement sha'l be civen in writing and conclusively snail 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, recuestsor aciorovals to Alameda shall
be addressed as follows:
City of Alameda
Attention: Base Conversion Project Director
2263 Santa Clara Avenue
Alameda, CA 94501
All notices, demands, requests or approvals to County shall be
addressed as follows:
County of Alameda
Attention: County Administrator
1221 Oak Street
Oakland, CA 94612
/PA/03.29.94 (REVISED)
11
a
COST OF LITIGATION
If any legal action is necessary to enforce any provision
hereof or for deffiages by reason of an alleged breach of any
proVIsions of this Agreement, the prevailinc party shall be
ent.Ltled to receive from the lcsinc party all costs and e=enseS in
s'ach amount as the court may adjudce to be reasonable attorneys'
XIX. CONFLICT OF T.AW
This Agreement shall be interpreted under and enforced bv the
laws of the State of California, excepting any choice of law rules
which may direct the application of laws cf another jurisdiction.
The Agreement and obligations of the parties are subject to all
valid laws, orders, rules, and regulations of the authores
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; State of
CaliFc=ia.
XX. WAIVER
A waiver by a Party of any breach of any term, covenant, or
condition contained herein shall not be deemed to be a waiver cf
any subsequent breach of the same or any other term, covenant, or
condition contained herein whether of the same cr a 61:;.ff=7,-rt
character.
XXI. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding
cf every kind or nature whatsoever between the parties hereto and
all preliminary negotiations and agreements of whatsoever kind er
nature are merged herein. No verbal agreement or implied covenant
shall be held to vary the provisions hereof.
XXII. SEVERABILTTV
In the event that a court of competent jurisdiction determines
that any provision of this Aareement shall be invalid or
unenforceable or in conflict with any law or regulation having the
force of law, each Party shall have the right to withdraw from this
Agreement within ninety (90) days from the date of entry of a final
nonappealable decision. Except as otherwise provided in this
section, the remaininc portions of this Acreement shall be in full
force and effect.
JPAJ03.29.94 (REVISED)
12
XXIII. CAPTIONS
The captions in this Agreement are for convenience only, are
not a part of the Agreement, and in no way affect, limit or amplify
the terms or provisions of this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to
be executed on this 5th day of April , 1994.
COUN
OF LAN
Ti e DN6FTH 2 BOArs.:, OF SUrn..":..VIS03.5
OF ALAMEDA COUN1Y, CAB:Of:NIA
Attest:
Clerk
Approved as to form:
CITY OF ALAMEDA
/Cbun Couns
LOR61Z0 E.
WA/03.29.94 (REVISED)
13
( 0)1161.04
E. William Withrow,
Mayor
Attest:
Approved as to form:
()'
(,211k
,City Attorney
DEPARTMENT OF THE NAVY
COMMANDER
NAVAL RASE. SAN FRANCISCO
TREASURE :SLANE), 410 PALM AVENUE
SAN FRANCISCO. CALIFORNIA 94130.0411
William C. Norton
Office of the City Manager
Room 301, City Hall
2263 Santa Clara Ave.
Alameda, CA 94501
Dear Mr. Norton:
IN REPLY REFER TO:
5090
Ser NO3/0545
18 May 94
This letter is in response to the execution of the Alameda
Reuse and Redevelopment Authority-Joint Exercise of Powers
Agreement. I am certain that as a regional body, the Alameda
Reuse Authority will duly represent the varied interests of the
City and County of Alameda as the Naval Air Station proceeds
through the closure process.
In response to your request for official recognition of the
body by the Secretary of Defense through my office, I have
forwarded a copy of the Joint Powers Agreement to the Assistant
Secretary of the Navy for Installations and Environment with my
full endorsement. Additionally, I fully support the selection of
Don Parker to act on your behalf as the Executive Director of the
Authority. I am certain that his knowledge and expertise will
enable the Alameda Reuse Authority to formulate and effectively
implement a reuse plan for the entire air station.
Should you have any questions for this office, my Regional
Base Realignment and Closure Coordinator is Captain Dwayne
Oslund. He can be reached at (415) 395-3918. I look forward to
working with you and the Alameda Reuse Authority in the future.
Sincerely,
ERNEST F. TEDESCHI, JR.
Rear Admiral, U. S. Navy
ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY
MEMBERS
Councilmember Ralph Appezzato
City of Alameda
City Hall
2263 Santa Clara Ave.
Alameda, CA 94501-4456
(510) 748-4506
FAX (510) 748-4504
Councilman "Lil" Arnerich
City of Alameda
City Hall
2263 Santa Clara Ave.
Alameda, CA 94501-4456
(510) 748-4506
FAX (510) 748-4504
Mayor Ellen Corbett
City of San Leandro
835 E. 14th Street
San Leandro, CA 94577
(510) 577-3355
FAX (510) 577-3340
Mr. Mark Friedman
Aide to Supervisor Don Perata
Alameda County Board of Supervisors
District 3
1221 Oak Street, Suite 536
Oakland, CA 94612
(510) 272-6693
FAX (510) 268-8004
Councilmember Karin Lucas
City of Alameda
City Hall
2263 Santa Clara Ave.
Alameda, CA 94501-4456
(510) 748-4506
FAX (510) 748-4504
Vice-Mayor Richard Roth
City of Alameda
City Hall
2263 Santa Clara Ave.
Alameda, CA 94501-4456
(510) 748-4506
FAX (510) 748-4504
Mr. Sandre Swanson
District Director
9th Congressional District
1301 Clay Street, Suite 1000 N
Oakland, CA 94612
(510) 763-0370
FAX (510) 763-6538
Mayor E. William Withrow, Jr.
City of Alameda
Office of the Mayor, Room 301
City Hall
2263 Santa Clara Ave.
Alameda, CA 94501-4456
(510) 748-4545
FAX (510) 748-4504
Councilmember Dezie Woods-Jones
City of Oakland
City Hall
505 14th Street
Oakland, CA 94612
(510) 238-3266
FAX (510) 238-6129
May 16, 1994 _
To: Honorable Members of the Alameda Reuse and Redevelopment Authority
From: William C. Norton
Executive Director of the Authority
Re: Selection of Chairperson and Vice-Chairperson of the "Governing Body"
Background:
On April 5, 1994, the City of Alameda and the County of Alameda both approved the formation
of the Alameda Reuse and Redevelopment Authority ("Governing Body") through a Joint
Exercise of Powers Agreement for the purpose of establishing a public entity for assuring the
effective transition of the Alameda Naval Air Station from federal ownership to local ownership.
The Joint Exercise of Powers Agreement provides for the selection of a Chairperson and Vice-
Chairperson of the Alameda Reuse and Redevelopment Authority.
Discussion/Analysis:
Pursuant to Section VIII.F. (Meetings of the "Governing Body" - Chairperson) of the Joint
Exercise of Powers Agreement, the Chairperson and Vice-Chairperson of the "Governing Body"
shall be selected by the members from amongst themselves. The term of office of the
Chairperson and Vice-Chairperson shall be one year.
Pursuant to Section VIII.C.8. (Meetings of the "Governing Body" - Voting) of the Joint Exercise
of Powers Agreement, a vote of 5 members of the "Governing Body", three of whom shall be
representatives of the Alameda City Council, is required to take action on the selection of the
Chairperson of the "Governing Body".
Fiscal Impact:
None.
Recommendation:
It is recommended that at the organizational meeting of the Alameda Reuse and Redevelopment
Authority the membership elect a Chairperson and Vice-Chairperson pursuant to the process
outlined in the Joint Exercise of Powers Agreement.
WN:jm:eb
Respectfully submitted,
William C. Norton
Executive Director of the Authority