Loading...
Resolution 15050CITY OF ALAMEDA RESOLUTION NO. 15050 APPROVING A SECOND AMENDMENT TO THE AGREEMENT WITH THE CALIFORNIA STATE COASTAL CONSERVANCY FOR FUNDING TO IMPLEMENT SPARTINA ERADICATION AND MITIGATION MEASURES AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL REQUIRED DOCUMENTS WHEREAS, the California State Coastal Conservancy (Conservancy) and the City of Alameda (City) executed a Partnership Agreement (Agreement) on August 22, 2005, to undertake invasive Spartina treatment and eradication activities and public outreach related to these activities along the shorelines of Alameda in the amount of $38,093; and WHEREAS, the City and the Conservancy executed an amendment to this Agreement on June 22, 2006, for an additional disbursement to the City not to exceed $39,080 for invasive Spartina treatment and eradication activities in 2006; and WHEREAS, the City and the Conservancy executed a second amendment to this Agreement on May 15, 2007, for an additional disbursement to the City not to exceed $68,500 for invasive Spartina treatment and eradication activities in 2007; and WHEREAS, the City and the Conservancy executed a third amendment to this Agreement on June 13, 2008, for an additional disbursement to the City not to exceed $57,000 for invasive Spartina treatment and eradication activities in 2008; and WHEREAS, the City and the Conservancy executed a fourth amendment to this Agreement on July 9, 2009, for invasive Spartina treatment and eradication activities in 2009; and WHEREAS, the City and the Conservancy executed a fifth amendment to this Agreement on June 17, 2010, for an additional disbursement to the City not to exceed $50,000 for invasive Spartina treatment and eradication activities in 2010; and WHEREAS, the Conservancy provided the City a letter on April 15, 2011 stating that the City has completed all deliverables for the 2005 Agreement with Amendments; and WHEREAS, the City and the Conservancy executed a new Agreement on July 5, 2011 to eliminate the administrative burden associated with utilizing an agreement with multiple amendments and to provide a more direct and transparent opportunity to update, amend and add agreement provisions if additional funding is available, and to provide up to $60,000 to the City to continue implementation of invasive Spartina treatment and eradication activities in 2011 and 2012 under the Invasive Spartina Project (ISP) Spartina Control Program; and WHEREAS, the City and the Conservancy executed an amendment to the 2011 Agreement to continue implementation of invasive Spartina treatment and eradication activities in 2013 and 2014 and to downwardly adjust the total amount encumbered under the Agreement to $38,789; and WHEREAS, the Conservancy wishes to do a second amendment to the 2011 Agreement without adjusting the total amount of $38,789 encumbered under this Agreement to continue implementation of invasive Spartina treatment and eradication activities in 2015 in partnership with the City with the remaining balance of approximately $10,500; and WHEREAS, the ISP and implementation of the Spartina Control Program remain consistent with Public Resources Code Sections 31160- 31164; and WHEREAS, on June 28, 2005, July 26, 2005, August 17, 2005, July 19, 2006, June 21, 2007, June 28, 2007, July 12, 2007, August 16, 2007, July 9, 2008, and August 2, 2012, public meetings were held to inform the public about the proposed Spartina control efforts. Attendees were supportive of the proposed project but did express concerns about herbicide usage and the residual habitat effects. Overall, attendees were in favor of the proposed action plans. Staff will continue to provide the public with up -to -date information regarding proposed actions to control invasive Spartina along the Alameda shoreline; and WHEREAS, the City shall carry out the project in accordance with the Agreement, updated site - specific work plans for calendar year 2015, and work programs to be approved by the Executive Officer of the Conservancy pursuant to the Agreement; and WHEREAS, the City shall provide any funds, subject to appropriation by the City Council of Alameda, beyond those granted under the Agreement which are needed to complete the project; and WHEREAS, the Conditions Precedent to Commencement of Project and Disbursement and Additional Grant Conditions shall be met before the City shall commence the project and the Conservancy shall be obligated to disburse any funds under the Agreement. NOW THEREFORE, BE IT RESOLVED, that the City approves a second Amendment to the Agreement with the Conservancy for funding to implement Spartina Eradication and Mitigation Measures and authorizes the City Manager to execute all required documents. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 11th day of June, 2015, by the following vote to wit: AYES: Councilmembers Daysog, Ezzy Ashcraft, Matarrese, Oddie and Mayor Spencer — 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 12th day of June, 2015. Cara Weisiger, City Cgrk City of Alameda &V - - Jan6f C. Kern City Attorney