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2006-03-07 PacketTime: Place: CITY OF ALAMEDA • C.ti.LIr IN SPECIAL MEETING OF THE CITY COUNCIL TUESDAY - - - MARCH 7, 2006 - - - 6:00 P.M. Tuesday, March 7, 2006, 6:00 p.m. City Council Chambers Conference Room, City Hall, corner of Santa Clara Avenue and Oak Street. Agenda: 1. Roll Call. 2. Public Comment on Agenda Items Only. Anyone wishing to address the Council on agenda items only may speak for a maximum of 3 minutes per item. 3. Adjournment to Closed Session to consider: 3 -A. CONFERENCE WITH PROPERTY NEGOTIATOR Property: Ballena Isle Marina. Negotiating parties: City of Alameda and Ballena Isle Marina LLP. Under negotiation: Price and terms. 3 -B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: 2990 Main Street and 2 Mecartney Road. Negotiating Parties: City of Alameda and the Bay Area Water Transit Authority. Under Negotiation: Price and terms. 3 -C. CONFERENCE WITH LABOR NEGOTIATORS Agency Negotiators: Craig Jory and Human Resources Director. Employee Organizations: Alameda City Employees Association, International Brotherhood of Electrical Workers, and Management and Confidential Employees Association. 3 -D. CONFERENCE WITH LABOR NEGOTIATORS Agency Negotiators: Marie Gilmore and Frank Matarrese. Employee: City Attorney. 4. Announcement of Action Taken in Closed Session, if any. Adjournment CITY OF ALAMEDA • CALIFORNIA SPECIAL JOINT MEETING OF THE CITY COUNCIL AND COMMUNITY IMPROVEMENT COMMISSION TUESDAY - - - MARCH 7, 2006 - - - 7:25 P.M Location: City Council Chambers, City Hall, corner of Santa Clara Avenue and Oak Street. Public Participation Anyone wishing to address the Council/ Commission on agenda items or business introduced by the Council/ Commission may speak for a maximum of 3 minutes per agenda item when the subject is before the Council/ Commission. Please file a speaker's slip with the Deputy City Clerk if you wish to speak on an agenda item. PLEDGE OF ALLEGIANCE ROLL CALL MINUTES Minutes of the Special Joint City Council, Alameda Reuse and Redevelopment Authority, Community Improvement Commission, and Housing Authority Board of Commissioners Meeting held on February 21, 2006. (City Clerk) AGENDA ITEM 1. Adoption of Resolution Authorizing and Directing the Execution of Loan Agreement Relating to the Issuance of Certain Bonds by the California Statewide Communities Development Authority, Approving Official Statement Relating to Such Bonds and Authorizing and Approving Other Matters Relating Thereto. [Community Improvement Commission]; • Adoption of Resolution Approving Authorizing and Directing Execution of an Amended and Restated Joint Exercise of Powers Agreement Relating to the California Statewide Communities Development Authority. [Community Improvement Commission]; and • Adoption of Resolution Approving the Borrowing of Funds by the Community Improvement Commission of the City of Alameda from California Statewide Communities Development Authority and Providing Other Matters Relating Thereto. [City Council] (Finance) ADJOURNMENT Beverly Joh Chair, Co nity ' Improvement Commission AGENDA CITY OF ALAMEDA • CALIFORNIA IF YOU WISH TO ADDRESS THE COUNCIL: 1. Please file a speaker's slip with the Deputy City Clerk and upon recognition by the Mayor, approach the podium and state your name; speakers are limited to three (3) minutes per item. 2. Lengthy testimony should be submitted in writing and only a summary of pertinent points presented verbally. 3. Applause and demonstration are prohibited during Council meetings. TUESDAY - - REVISED REGULAR MEETING OF THE CITY COUNCIL - - MARCH 7, 2006 - - - - 7:30 P.M. [Note: Regular Council Meeting convenes at 7:30 p.m., City Hall, Council Chambers, corner of Santa Clara Ave and Oak St.] The Order of Business for City Council Meeting is as follows: 1. Roll Call 2. Agenda Changes 3. Proclamations, Special Orders of the Day and Announcements 4. Consent Calendar 5. Agenda Items 6. Oral Communications, Non - Agenda (Public Comment) 7. Council Communications (Communications from Council) 8. Adjournment Public Participation Anyone wishing to address the Council on agenda items or business introduced by Councilmembers may speak for a maximum of 3 minutes per agenda item when the subject is before Council. Please file a speaker's slip with the Deputy City Clerk if you wish to address the City Council. SPECIAL MEETING OF THE CITY COUNCIL 6:00 p.m. CITY COUNCIL CHAMBERS CONFERENCE ROOM Separate Agenda (Closed Session) SPECIAL JOINT MEETING OF THE CITY COUNCIL AND 7:25 p.m. COMMUNITY IMPROVEMENT COMMISSION, CITY COUNCIL CHAMBERS Separate Agenda 1. ROLL CALL - City Council 2. AGENDA CHANGES 3. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS 3 -A. Presentation of Abbott Diabetes Care. 3 -B. Library Project update. 4. CONSENT CALENDAR Consent Calendar items are considered routine and will be enacted, approved or adopted by one motion unless a request for removal for discussion or explanation is received from the Council or a member of the public. 4 -A. Minutes of the Special and Regular City Council Meetings held on February 21, 2006; the Special Joint City Council and Public Utilities Board Meeting held on February 27, 2006; and the Special City Council Meeting held on March 1, 2006. (City Clerk) 4 -B. Bills for ratification. (Finance) 4 -C. Recommendation to appropriate $170,000 in Urban Runoff Funds and authorize the City Manager to negotiate and execute a Contract with Regency Centers for repair to public drainage facilities in coordination with construction of the Bridgeside Shopping Center improvements. (Public Works) [Continued from February 21, 2006] 4 -D. Recommendation to accept the work of Ghilotti Brothers, Inc. for Park Street Streetscape and Towne Center Project, No. P.W. 10- 02 -13. (Public Works) 4 -E. Recommendation to accept the Quarterly Sales Tax Report for the period ending December 31, 2005. (Finance) 4 -F. Recommendation to accept the Quarterly Investment Report for the period ending December 31, 2005. (Finance) 4 -G. Adoption of Resolution Ordering Vacation of a Portion of a 25- Foot Wide Public Utility Easement Within Tract 1866, Filed Map Book 38, at Page 50 to 54, Alameda County Official Records; Vacation of Two 10 -Foot Power Easements, Filed RE: 191, Image 107 #79- 196972 O.R., Alameda County Official Records and Acceptance of New 25 -Foot Wide Public Utility Easement (Towne Centre). (Public Works) 4 -H. Adoption of Resolution Granting Another Designated Period for Two Years Additional Service Credit as Provided for Under Contract Amendment between the City and the Public Employees' Retirement System, and California Government Code Section 20903. (Human Resources) 4-1. Consideration of change order for first floor ceiling treatment for the New Main Library Project. 5. REGULAR AGENDA ITEMS 5 -A. Adoption of Resolution Appointing Marilyn Ezzy Ashcraft as a Member of the Planning Board. 5 -B. Public Hearing to consider ZA06 -0001 - Zoning Ordinance Text Amendment /City -wide and revision of Section 30 -5.7 of the Alameda Municipal Code (AMC), Projections from Buildings and Roof Planes, Permitted Encroachments, and Treatments of Minimum Required Yards; • Introduction of Ordinance Amending the Alameda Municipal Code by Adding a New Subsection 30 -5.7 (M) (Extensions of Roof Pitch and Roof Ridges) to Section 30 -5.7 (Projections from Buildings and Roof Planes, Permitted Encroachments and Treatments of Minimum Required Yards) of Chapter XXX (Development Regulations), to Add a Process for Allowing Additions to Existing Dwellings with Nonconforming Height. (Planning and Building) 5 -C. Public Hearing to consider two parcel maps, PM 05 -002 and PM 05 -003, Marina Berth Condominium Conversion - Marina Village Properties; • Adoption of Resolution Approving Parcel Maps, PM 05 -002 and PM 05 -003, at Berth Gates 8 through 11 at Marina Village. (Planning and Building); and • Adoption of Resolution Granting a Non - Exclusive Facilities Easement and a Non - Exclusive 18 -Foot Wide Ingress and Egress Easement between the City of Alameda and Alameda Real Estate Investments within Lot 7 of Tract 6096. (Public Works) 5 -D. Adoption of Resolution Establishing a Long -Term Park Use Policy. (Recreation and Park) 6. ORAL COMMUNICATIONS, NON- AGENDA (Public Comment) Any person may address the Council in regard to any matter over which the Council has jurisdiction or of which it may take cognizance, that is not on the agenda. 7. COUNCIL COMMUNICATIONS (Communications from Council) Councilmembers can address any matter, including reporting on any Conferences or meetings attended. 8. ADJOURNMENT * ** Revised: 3/3/06 • For use in preparing the Official Record, speakers reading a written statement are invited to submit a copy to the City Clerk at the meeting or e -mail to: lweisige @ci.alameda.ca.us • Sign language interpreters will be available on request. Please contact the City Clerk at 747 -4800 or TDD number 522 -7538 at least 72 hours prior to the Meeting to request an interpreter • Equipment for the hearing impaired is available for public use. For assistance, please contact the City Clerk at 747 -4800 or TDD number 522 -7538 either prior to, or at, the Council Meeting • Accessible seating for persons with disabilities, including those using wheelchairs, is available • Minutes of the meeting available in enlarged print • Audio Tapes of the meeting are available upon request • Please contact the City Clerk at 747 -4800 or TDD number 522 -7538 at least 48 hours prior to the meeting to request agenda materials in an alternative format, or any other reasonable accommodation that may be necessary to participate in and enjoy the benefits of the meeting CITY OF ALAMEDA Memorandum To: Honorable Mayor and Councilmembers From: Debra Kurita City Manager Date: February 22, 2006 Re: New Main Library Project Update Attached to this memorandum is the March 1, 2006 Library Construction Report. Attachment Respectfully submitted, Ce.,2, n- Chisaki Acting Library Director "Dedicated to Excellence, Committed to Service" Report 3 -B 3 -7 -06 Construction R CI •- Construction ui a) • up up a) 3 0 cn o -' N U `" a) (I) b o ct 0 N cn c r- s-' -0 as 0 0 a O N 'C a) e) .ue cC .p c) at . '- w I. Q"O 3 O O cn O ON 2 tm O ..■ c) °o W N 1-1 czs N N Q N N cd ,s; f U ct o o a o 1 cn 3 -d ° .- a) o a) czt °z cl a) .� " W N ccnn 0 3 c1/41 -01 ° o � -d � � -a w at s_, o a „ ° a) w - o�. o t� °' 3 0 s°� o "" o a4 a o . C7 3 °o C C •— o E u a) C_) b en II) cn c,,l 3° ms o 3 W° 0 tQ czt 3 a)° °.o = b 9 Ow -o ow Qa . o C HZwwc4wwH -w� 0,�,� • • • • • • • • C • CI • • • 4 .Q w a a as t The budget report, including supplemental funding sources, is attached. Dedicated to Excellence, Committed to Service Status as of March 1, 2006 CD Library Project Time N O O N LL' CI z 0 0 LL Construction - 65% Furnishings & Equipment Library Move 0 - Q, .O EE Q0 IS o 0 0 0 0 0 000 0 0 0 0 8-0 '660 000 0 0 0 0 0 0 0 0 0 0 0 o o 0 0 CD NOO Q) r- 0000 00 P r 0 cc; NN(A0) •—+(p 0oo 0000000 M M O O W 00(OM O p �, moo NOOOO O O (� (O0000 a p 0) f� OO 000000 M 0) O (O N I�NO N 0) CO o- ��tOf�tiN aD N ([� Nt v- �(O(DM •a O co - 0 (O M O) I� .- ........... L() 0 00 zi; .Q ` N 1� d N v m N r r 7 J c C L O .3 W O L ? E 08 C a) C U al w Q C LL rna J (0 c E G) = 2 = C 2 - c c L co c u. 0) C O E �� a)2 c��� ((0 -p 5 = 2 _ c> Ec N .• y c' Q) >, N M cu O C Q C U 8 U .. p a) C-0 U C 0 0 0 0 c v v v v oo L Q O O io v V w as C d C a) co U N C �' co co (0 CO > 4i 'p C m fn2 u) fnwQQ� -E1— UUUUcc = o V) 7 Q 0 m a a) C W .a 0 ?7 14 12 u So Exp B 'Up to $95,000 in grant funding will be used to offset this change order G: \Library\New Main Library FS 05- 06.xls UNAPPROVED MINUTES MINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY - - - FEBRUARY 21, 2006 - - - 6:01 P.M. Mayor Johnson convened the Special Meeting at 6:55 p.m. Roll Call - Present: Councilmembers Daysog, deHaan, Gilmore, Matarrese, and Mayor Johnson - 5. Absent: None. The Special Meeting was adjourned to Closed Session to consider: (06- ) Conference with Labor Negotiators - Agency Negotiators: Marie Gilmore and Frank Matarrese; Employee: City Attorney. Following the Closed Session, the Special Meeting was reconvened and Mayor Johnson announced that the Council discussed the City Attorney employment agreement. Adjournment There being no further business, Mayor Johnson adjourned the Special Meeting at 7:50 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Special Meeting Alameda City Council February 21, 2006 UNAPPROVED MINUTES MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY - - - - FEBRUARY 21, 2006 - - - - 7:30 P.M. Mayor Johnson convened the Regular Meeting at 8:07 p.m. ROLL CALL - Present: Councilmembers Daysog, deHaan, Gilmore, Matarrese, and Mayor Johnson - 5. Absent: None. AGENDA CHANGES (06- ) Mayor Johnson announced that the recommendation to appropriate $170,000 in Urban Runoff Funds and authorize the City Manager to execute a Contract with Regency Centers [paragraph no. 06- ] would be continued to March 7, 2006. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS None. CONSENT CALENDAR Councilmember Daysog moved approval of the Consent Calendar. Councilmember deHaan seconded the motion, which carried by unanimous voice vote - 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] ( *06- ) Minutes of the Special City Council Meeting held on February 4, 2006 and the Special and Regular City Council Meetings held on February 7, 2006. Approved. ( *06- ) Ratified bills in the amount of $1,452,894.81. (06- ) Recommendation to appropriate $170,000 in Urban Runoff Funds and authorize the City Manager to execute a Contract with Regency Centers for repair to public drainage facilities in coordination with construction of the Bridgeside Shopping Center improvements. Continued to March 7, 2006. ( *06- ) Recommendation to appropriate funds and to award Contract in the amount of $2,057,000 to Pacific Trenchless, Inc. for Cyclic Sewer Repair Project, Phase 4, No. P.W. 05- 03 -11. Accepted. Regular Meeting Alameda City Council February 21, 2006 1 ( *06- ) Recommendation to approve the purchase of five Communications Center Workstations for the Police Department from Wright -Line Technical Environment Solutions in the amount of $45,535.03. Accepted. REGULAR AGENDA ITEMS (06- ) Resolution No. 13927, "Appointing Lorre Zuppan as a member of the Economic Development Commission." Adopted. Councilmember Matarrese moved adoption of the Resolution. Vice Mayor Gilmore seconded the motion, which carried by unanimous voice vote - 5. The City Clerk administered the Oath and presented a certificate of appointment to Ms. Zuppan. (06- ) Report on proposed PERS Golden Handshake Retirement under California Government Code Section 20903. The Human Resources Director provided a brief report. Councilmember deHaan inquired what are the procedures for moving forward with the Golden Handshake program. The Human Resources Director responded interested employees would need to file retirement papers with PERS by June 30; stated PERS would provide a notice to the employees and would make adjustments for the two years additional credit once the employees start receiving pension checks. Councilmember deHaan inquired whether the matter would return for Council action. The Human Resources Director responded that a resolution will be presented to the Council on March 7. Councilmember deHaan inquired whether a certain number of people are required to participate in the program, to which the Human Resources Director responded in the negative. Councilmember deHaan inquired whether a reduction in the work force would be necessary if individuals do not take advantage of the program, to which the Human Resources responded staff reduction might be necessary. Vice Mayor Gilmore stated fourteen classifications are listed; Regular Meeting Alameda City Council 2 February 21, 2006 inquired whether each classification has only person or more than one employee in each pool. The Human Resources Director responded there are eleven classifications; stated more employees could take advantage; four Customer Service Representatives are list but six could take advantage of the Golden Handshake. Mayor Johnson inquired whether the City is required to handle the program in a certain manner. The Human Resources Director responded that PERS has specific requirements; classifications could be designated by department and division. Councilmember deHaan inquired whether the number of employees in a classification could be limited. The Human Resources Director responded only if the department, division, and area were narrowly defined. Councilmember deHaan stated that he hopes there are no consequences by having too many employees take advantage of the program. Mayor Johnson stated fewer employees would be eligible if the classification is narrowly defined. Councilmember deHaan moved approval of the staff recommendation. Vice Mayor Gilmore seconded the motion, which carried by unanimous voice vote - 5. (06- ) Recommendation to adopt the Long -Term Park Use Policy. The Acting Recreation and Parks Director provided a brief report. Vice Mayor Gilmore inquired whether the Recreation and Park Department could contract with a third party to conduct a program in one of the parks, to which the Acting Recreation and Park Director responded in the affirmative. Vice Mayor Gilmore stated that she liked that for - profit groups would not be considered; the application states that property owners and tenants would be notified to attend a neighborhood meeting; inquired whether the Acting Recreation and Park Director was aware of what the notification process would entail. The Acting Recreation and Park Director responded in the Regular Meeting Alameda City Council 3 February 21, 2006 affirmative; stated the notification process has been done in the past. Vice Mayor Gilmore inquired whether the process would be at the applicant's expense, to which the Acting Recreation and Planning Director responded in the affirmative. Councilmember Matarrese inquired whether the long -term, exclusive use was for the whole park or for not more than 15% of the park. The Acting Recreation and Park Director responded the long -term, exclusive use would be for not more than 15% of the park. Councilmember Matarrese stated that he would like to require Council approval for any alternations to existing park conditions; the parks are precious open space; he does not believe that the public should be excluded if a private group has long -term, exclusive use of a portion of the park; inquired how the policy would affect existing private use of park land. The Acting Recreation and Park Director responded currently there are no long -term uses. Councilmember Matarrese stated the two pools have long -term uses. The Recreation and Park Director stated the two pool associations have leases until 2011. Mayor Johnson inquired when the leases were renewed, to which the Acting Recreation and Park Director responded five years ago. Councilmember Matarrese inquired whether the pool association and [Cellular] tower leases are the only private uses. The Acting Recreation and Park Director responded in the affirmative; stated that the private uses are covered by separate, detailed agreements. Mayor Johnson requested clarification on Councilmember Matarrese's requested changes. Councilmember Matarrese stated changes would be requiring Council's approval for any uses that would change existing park conditions. Mayor Johnson stated a distinction is needed between use and structures; a requirements is needed in the case of change or structures; she prefers that the policy be a resolution or ordinance; she personally prefers an ordinance; stated broader Regular Meeting Alameda City Council 4 February 21, 2006 newspaper noticing should be required; she does not like the language regarding the decision being final unless appealed; questioned whether an appeal would include the Call for Review procedure. Vice Mayor Gilmore stated that she has a philosophical problem with the phrase "paving over open space" unless referring to recreational -type facilities. City Manager inquired whether temporary tents would be acceptable, to which Mayor Johnson responded in the affirmative. Councilmember Matarrese stated that he would prefer to have temporary tent requests come to the Council for approval; a lot of money is invested in the parks and; the parks should be treated like gold; private parties should pay dearly for exclusive use of the parks. Mayor Johnson stated a distinguishing factor could be a non - profit having a public event versus a non - profit having an event that excludes the public. Councilmember Matarrese stated exclusive use means groups would determine who could enter the park and who cannot. The Acting Recreation and Park Director stated the paragraph at the bottom on the page states: "Park and recreation facilities are designated for public use. Therefore entities requesting approval for long -term use of park land and recreation facilities must be able to accommodate participation from the general public and not be limited by membership association." Mayor Johnson stated the term "exclusive use" should not be used. The City Manager suggested using the term "designated use ". Mayor Johnson stated non - profits are not defined. The City Manager stated non - profits could be defined by the type of corporation. Mayor Johnson inquired about unincorporated organizations. The Acting Recreation and Park Director responded a definition for non - profit status is available. Mayor Johnson stated the definition should be included in the policy. Regular Meeting Alameda City Council 5 February 21, 2006 Vice Mayor Gilmore stated that the application form should include the language: "Park land and recreation facilities are designed for public use. Therefore, entities requesting approval for long -term use of park land and recreation facilities must be able to accommodate participation from the general public and not be limited by membership association." The Acting Recreation and Park Director stated the language could be included; noted applicants need to schedule a pre- meeting as part of the process. Councilmember Daysog inquired what were the Recreation and Park Commission's comments regarding the 72 hours and whether the 72 hours applied to a per -year basis. The Acting Recreation and Park Director responded the Recreation and Park Commission felt other activities would be impacted if any park activity shut down a park for 72 hours or more; a 72- hour use would be subject to more review than shorter -term uses. Councilmember Daysog inquired whether the 72 -hour use would apply if a non - profit occupied different parks for eight -hour periods at different times of the year. The Acting Recreation and Parks Director responded said uses would be handled through the current one -day reservation process. Mayor Johnson inquired whether reservations for picnic areas would be included in the policy. The Acting Recreation and Parks Director responded picnic area reservations are handled through the one -day reservation process. Councilmember Daysog inquired whether the Lincoln Park and Franklin Park pool association responsibilities would change with the policy, to which the Acting Recreation and Park Director responded in the negative. Councilmember Daysog stated that the pool associations have a lease; inquired how the policy would affect the renewal of the lease. The Acting Recreation and Park Director responded the Council would have the option to extend the lease based upon the public service provided. Mayor Johnson stated lease renewals are issues that should come to Regular Meeting Alameda City Council 6 February 21, 2006 the Council. Councilmember Daysog inquired whether the pool associations had an opportunity to weigh in on the long -term policy. The Acting Recreation and Park Director responded the pool associations and other groups were notified of meetings. Councilmember Daysog inquired whether the pool associations participated in the meetings, to which the Acting Recreation and Park Director responded in the negative. Councilmember deHaan inquired whether the pool associations could be contacted directly to ensure that the policy has been received, to which the Acting Recreation and Park Director responded in the affirmative. The City Manager stated that the preference is to bring the policy back to the Council as a resolution with suggested changes. Mayor Johnson requested that Council resolutions be added to the compliance checklist in staff reports. Councilmember deHaan stated he would like to receive feedback from others who might be impacted by the policy. Mayor Johnson stated staff could send notice inviting participation in the process. (06- ) Adoption of Resolution Calling Upon Steps to Withdraw Our Reservists, Coast Guard Units and Members of the California National Guard Troops from Iraq. Not adopted. Proponents (In favor of Resolution): Mark Irons, Alameda; Diana Morrison, Alameda; Dorothy Kakimoto, Alameda; Mary Abu -Saba, Alameda; Tom Matthews, Alameda; Richard Hofmann, City of Alameda Democratic Club; Deborah James, Alameda; Kathryn Neale Manalo, Alameda; Paula Rainey, Alameda; Jasmine Tokuda, Alameda; Norah Foster, Alameda; Allen Michaan, Alameda; Neil Garcia - Sinclair, Alameda; Irma Garcia - Sinclair, Alameda; Carl Halpern, Alameda; Susan Galleymore, Alameda; Gretchen Lipow, Alameda; Pat Flores, Alameda; Michael John Torrey, Alameda; and, David Teeters, Alameda. Opponents (Not in favor of Resolution): Richard Myshak, Alameda (submitted comments); Dr. Alice A. Challen, Regular Meeting Alameda City Council 7 February 21, 2006 Alameda; Robert Todd, Alameda. Mayor Johnson thanked the speakers for the courtesy and respect shown to each other and thanked Councilmember Matarrese for bringing the issue to the community for discussion. Councilmember Matarrese thanked the speakers and those who sent e- mails and letters; stated the initial notion was to bring the California National Guard home; personally he feels that the rest of the troops cannot be left behind; an exit is needed for all; that he is very glad that Ms. Morrison is back home and is honored by her presence; other Alamedans are in danger; the City is directly impacted and damaged by the policy being carried out; he understands that the Charter sets limitations on the City Council; the Charter does not limit speaking to higher governments; letters are written and resolutions are made when higher levels of government propose policies that would damage Alameda; Alameda's presence was made known regarding the port of Oakland; a seawall broke due to a storm and high tides on Bay Farm Island; Federal Emergency Management Agency (FEMA) money was to pay for the repair; the federal government provides funding for Section 8 housing, highways, transportation, and the Base's superfund cleanup; the federal government is saying there is no money; money is taken away from cities if the State receives less federal money; the Base impact is real and direct; Alamedans will pay for living on a sand bar when an earthquake occurs; simple and direct language is proposed for the resolution; Alameda is paying a price that is greater than the benefit; proposed the following resolution language: "WHEREAS, the costs have resulted in unprecedented Federal budget deficits, which directly impact and damage the State of California and Alameda." Mayor Johnson stated that she does not think the community consensus is to have the Council speak on behalf of the City; she concurs that local levels are affected by federal issues; she does not mind communicating her concern regarding the level of the California National Guard and the ability to respond to local and State emergencies; she feels the resolution goes beyond that concern. Councilmember Daysog stated he had the opportunity to go to Washington, D.C. over the weekend; he was touched to see 50,000 names of people who paid the ultimate sacrifice; the Vietnam War was highly controversial and lasted longer than necessary; Council meetings are a place where ideas can be heard; the Vietnam Memorial might not have been necessary if towns voiced opinions earlier; City Councils need to make statements on issues of grave importance such as Iraq; the City of Alameda is steeped in history and proud Regular Meeting Alameda City Council 8 February 21, 2006 of traditions, including the Base and individuals such as Jimmy Doolittle who became a World War II hero; he does not want the City of Alameda and the City Council to be like other Bay Area City Councils such as Berkeley, San Francisco, and Santa Monica; Alameda is a middle -of- the -road City; words need to be chosen wisely and carefully; the resolution goes beyond withdrawing the California National Guard from Iraq but also references certain politicos' distain for President Bush and contributes to the vitriol between the far left and far right; politics should not drive how Alameda engages in discussions; the Council must serve all of Alameda and not just those most angered by President Bush; the Council should express appreciation for the armed services' work, sacrifices, and commitment and pray for a safe and speedy return; everyone believes that having the troops back sooner and safer is best for all; Alameda has an opportunity to contribute in a way that is striped of the far left and far right rhetoric. Vice Mayor Gilmore thanked everyone for having a calm discussion on a very difficult issue; stated some people will be dissatisfied regardless of tonight's outcome; she would not like to have tonight's discussion construed as not supporting the troops in Iraq; the troops deserve support and thanks; the troops are paying the ultimate price for the country's ideals; concurred with Mayor Johnson regarding there not being a consensus within the community on the resolution; she has been persuaded by the eloquent speakers who spoke of how the City would need the National Guard, Coast Guard and reservists in case of an earthquake, natural disaster, or terrorist attack; the City Council has a responsibility to plan for disasters and ensure that everything is done to protect the citizens; she does not believe that the Council needs a consensus from the community to support a resolution to call the California National Guard home; she has a difficult time with the concept of the City Council passing a resolution calling for withdrawal of all troops from Iraq; she does not believe there is a consensus from the community to speak on the issue; she is trying to keep her personal opinion separate from her responsibility as an elected Councilmember; she is trying to represent all of Alameda, not just a portion. Councilmember deHaan apologized for having to leave the last Council Meeting due to a pinched nerve; stated many people were not proud of how long the Vietnam War lasted and how the veterans were treated upon return; a disproportionate majority of the veterans are being served by homeless shelters, soup kitchens and other aids; he did not think that he would be discussing Vietnam War issues when he ran for office; nothing is going to change the innocence lost from 911; the war in Iraq is troublesome; Katrina is a good example of not being prepared; he vowed that he did not want Regular Meeting Alameda City Council 9 February 21, 2006 to get into a national level discussion when he ran for office; future money will not be available for the Base but is not the reason that the Base has not been conveyed; stated he will no support the resolution. Councilmember Daysog stated that he put together an alternate resolution that references his opening statement regarding offering prayers for a speedy and safe return of the troops; read the operative sections of the alternate resolution; stated the two resolutions differ in that his resolution does not reference Congressman Murtha's or Assembly Member Hancock's highly partisan tones; concerns can be conveyed in words that are more carefully and wisely chosen. Councilmember Daysog moved adoption of the alternate resolution. Councilmember Matarrese stated that the alternate resolution does not ask or demand anything; a request needs to be made to have the National Guard return home and a timetable provided for withdrawal of the rest of the troops; the burden increases as the situation continues; he understands looking at history for an appreciation and lessons learned; the Base has not been conveyed because of haggling over the remediation costs; he is willing to strike references to Congressman Murtha and Assembly Member Hancock from the resolution. Vice Mayor Gilmore concurred with Councilmember Matarrese regarding asking for something in the resolution; stated Council has the purview to call the California National Guard home; the California National Guard has been abused and needs to come home for California's safety and security; she is not willing to support a resolution calling for the withdrawal of all troops. Councilmember Matarrese proposed striking out partisan references [in the original resolution]; stated language regarding a timetable meets the intent of what the City needs; reaching a consensus on the issue is impractical; he thinks the majority of the citizens are in favor of bringing troops home and understand the need; consensus is a strong word; leading with the majority is sometimes necessary instead of driving for consensus. Vice Mayor Gilmore stated the majority of the people in attendance are in favor of the resolution; the majority of e -mails and phone calls she received were against the resolution; she is not bothered by not having a majority agree to bring the California National Guard home because the Council's role is to prepare for a natural disaster or terrorist attack. Regular Meeting Alameda City Council February 21, 2006 10 Councilmember Daysog restated his motion to adopt the alternate resolution. Councilmember deHaan seconded the motion. Councilmember deHaan stated that some Councilmembers have endorsed some of the State resolutions; he has some major concerns with moving one step forward at the local level. On the call for the question, the MOTION FAILED by the following voice vote: Ayes: Councilmembers Daysog and deHaan - 2. Noes: Councilmembers Gilmore, Matarrese, and Mayor Johnson - 3. Mayor Johnson CONCURRED with Vice Mayor Gilmore's comments regarding the Council not being misconstrued as not supporting the troops; stated a resolution should ask for something. Councilmember Matarrese stated that a past Council made a more controversial resolution supporting a multi- lateral versus unilateral approach to Iraq three years ago; a fiscal disaster exists which is as real as a natural disaster. Councilmember Matarrese moved adoption of the resolution striking references to Congressman Murtha and Assembly Member Hancock. Vice Mayor Gilmore inquired whether the language "immediate stops to establish a date and timetable to withdraw U.S. troops" would remain in the resolution, to which Councilmember Matarrese responded in the affirmative. Mayor Johnson stated the MOTION FAILED due to lack of a second. Mayor Johsnon expressed her appreciation to everyone attending the meeting and to Councilmember Matarrese for bring the issue to the community for discussion. Councilmember Matarrese inquired whether a second would be given to his motion if the language "...withdraw U.S. troops" was deleted. Vice Mayor Gilmore responded in the affirmative; stated she is comfortable in requesting that the California National Guard return home; national level discussions are more difficult. Councilmember Matarrese amended his motion to adopt the resolution striking references to Congressman Murtha and Assembly Member Hancock; keeping the focus on the California National Guard, and replacing "...withdraw U.S. troops" with "...withdraw California National Guard troops." Regular Meeting Alameda City Council 11 February 21, 2006 Vice Mayor Gilmore seconded the motion. Councilmember Daysog stated the language as amended still includes military logistics that go beyond the scope of the City Council; the resolution is another contribution to the level of rancor between the far left and far right. Vice Mayor Gilmore requested clarification on how the amended resolution would read. Councilmember Matarrese responded that the paragraph referencing Congressman Murtha and Assembly Member Hancock would be removed; the second to the last paragraph would read: "NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Alameda calls upon the President, Congress and the Governor of California to take immediate steps to withdraw the California National Guard." Mayor Johnson stated she has no problem in stating that adequate California National Guard levels are needed here to deal with emergencies and disasters, which is different than the proposed language; the community does not want the Council to speak about withdrawing all troops from Iraq; maintaining adequate levels of the California National Guard is different; State and local governments have been left at risk. Councilmember Daysog stated the key phrase in the resolution is ... "to take immediate steps to establish a date and timetable to withdraw U.S. troops "; he is not a military logistics planner; the best he can do is to offer prayers for a safe and speedy return. On the call for the question, the MOTION FAILED by the following voice vote: Ayes: Vice Mayor Gilmore and Councilmember Matarrese - 2. Noes: Councilmember deHaan and Mayor Johnson - 2. Abstentions: Councilmember Daysog - 1. ORAL COMMUNICATIONS, NON - AGENDA None. COUNCIL COMMUNICATIONS (06- ) Consideration of Mayor's nomination for appointment to the Planning Board. Mayor Johnson nominated Marilyn Ezzy Ashcraft for appointment to the Planning Board. Regular Meeting Alameda City Council February 21, 2006 12 (06- ) Councilmember deHaan stated that he attended the Catellus workshop; approximately 40 people attended; concerns were expressed regarding properly utilizing the waterfront; at least 1 million square feet of retail space is planned; developers should be advised of what the community wants and needs; the City does not have to take whatever is being offered anymore; he is concerned with the first - come - first -serve philosophy; stated he was one of the strongest advocates in allowing South Shore to be developed to full potential; he has problems with South Shore wanting more space and all pieces of the pie. Mayor Johnson inquired whether Catellus has made formal applications to change entitlements. The City Manager responded the City is in negotiations with Catellus; stated Catellus is going through a public input process. Councilmember Matarrese stated that Catellus was conducting the public process. Mayor Johnson stated the public should be aware that the Catellus and Del Monte projects are not a done deal. Councilmember Daysog suggested spending $20,000 to $25,000 on a statistically valid survey of 900 residents to get a sample of the City's thoughts regarding retail needs. (06- ) Councilmember Matarrese stated a portable "Cigarettes Cheaper" sign has been placed in the landscaping off of the Park Street Bridge before Blanding Avenue. (06- ) Councilmember Matarrese stated an AC Transit Inter - Agency Liaison Committee meeting was scheduled for tomorrow; he has requested information regarding the Emery -go -Round in the past; requested that the City Manager obtain information on the operating costs, routes, etc. from the City of Emeryville if information is not provided at the meeting tomorrow; a similar system could be a good mitigation factor for congestion caused by development. Mayor Johnson suggested obtaining information on the City of San Leandro shuttle. Councilmember Matarrese stated Emery -go -Round is fare box free and is very effective. Councilmember deHaan stated that the San Leandro shuttle is fare box free also; transportation funds were used for the service. Regular Meeting Alameda City Council February 21, 2006 13 Councilmember Matarrese noted information should be obtained on the Humphrey -go -Bart shuttle services operated by the University of California, Berkeley. (06- ) Vice Mayor Gilmore stated that residents living near business districts have an issue with litter being left from fast food restaurants; a resident sent her a link to a newspaper article regarding Oakland imposing a mandated City fee on business owners for trash pickup; stated she is not suggesting imposing a similar fee but that Council should review the strategy. (06- ) Councilmember Daysog requested information on fire inspection costs which he requested in the past. The City Manager stated that she would provide Councilmember Daysog with a copy of the fee structure. (06- ) Councilmember deHaan stated that signs were posted throughout the City to buy merchandise at a home on Valentine's Day; he feels that doing so is pushing the envelop to the extreme; stated that Kentucky Fried Chicken near Park Avenue smells of well - cooked oil; newly constructed restaurants have scrubbers for ventilation; requested staff to review how the odor can be remedied. Mayor Johnson inquired whether the City could adopt an ordinance requiring more filters. Vice Mayor Gilmore suggesting reviewing whether another entity regulates the issue. (06- ) Mayor Johnson stated issues have been discussed at Youth Collaborative meetings regarding the youth in the community; suggested that the Council consider forming a Youth Advisory Council or have youth representatives on to certain boards and commissions; volunteer opportunities are available for students, but paying job opportunities are scarce; the Golf Course had a policy regarding not hiring students under eighteen years old in the past; the policy has changed so that 16 year old students can be hired; suggested that the matter be placed on a City Council agenda. (06- ) Mayor Johnson inquired whether anything was being done regarding the fire cleanup at Central Avenue and Park Street. The City Manager responded that the Planning Director was working on regulatory remedies. Regular Meeting Alameda City Council 14 February 21, 2006 Mayor Johnson stated that blight has lasted for many years in the downtown district. (06- ) Mayor Johnson stated that a Councilmember Reporting section should be added to the agenda to allow Councilmembers to report on conferences and meetings. Councilmember deHaan stated that the section could be added under Communications and could include the City Manager. Mayor Johnson stated that other Department Heads should be included also. (06- ) Mayor Johnson stated that she recently attended the U.S. Conference of Mayors in Washington, D.C.; the Conference includes cities with populations higher than 40,000; power, Base, and Housing Authority issues are very impacted by federal statues and policies; the federal government is trying to turn over franchising telecommunications to the State rather than local governments; stated that she is on the Economic Development and Housing Subcommittee as well as Electric Power Subcommittee. ADJOURNMENT (06- ) There being no further business, Mayor Johnson adjourned the Regular Meeting at 10:52 p.m. in a moment of silence with thoughts and prayers that all service members in Iraq are safe and come home as soon as possible. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Council February 21, 2006 15 UNAPPROVED MINUTES MINUTES OF THE SPECIAL JOINT CITY COUNCIL AND PUBLIC UTILITIES BOARD MEETING MONDAY- - FEBRUARY 27, 2006- -6:30 P.M. Mayor Johnson convened the Special Joint Meeting at 6:41 p.m. ROLL CALL - Present: Councilmembers Daysog, deHaan, Gilmore Matarrese and Mayor Johnson - 5. Board members Bangert, Holmes, McCahan City Manager and President McCormick - 5. Absent: None. AGENDA ITEM (06- ) A Study Session was held to discuss Alameda Power & Telecom's telecommunication business. ADJOURNMENT There being no further business, Mayor Johnson adjourned the Special Joint Meeting at 8:15 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Special Joint Meeting Alameda City Council and Public Utilities Board February 27, 2006 UNAPPROVED MINUTES MINUTES OF THE SPECIAL CITY COUNCIL MEETING WEDNESDAY- -MARCH 1, 2006- -6:20 P.M. Mayor Johnson convened the Special Meeting at 6:30 p.m. Roll Call - Present: Councilmembers Daysog, deHaan, Gilmore, Matarrese and Mayor Johnson - 5. Absent: None. The Special Meeting was adjourned to Closed Session to consider: (06- ) Workers' Compensation Claim; Claimant: T. McNeil; Agency Claimed Against: City of Alameda. Following the Closed Session, the Special Council meeting was reconvened and Mayor Johnson announced direction was given to legal counsel. Adjournment There being no further business, Mayor Johnson adjourned the Special Meeting at 6:40 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Special Meeting Alameda City Council March 1, 2006 March 2, 2006 Honorable Mayor and Councilmembers: This is to certify that the claims listed on the check register and shown below have been approved by the proper officials and, in my opinion, represent fair and just charges against the City in accordance with their respective amounts as indicated thereon. Check Numbers 145619 - 146078 EFT 182 EFT 183 EFT 184 EFT 185 EFT 186 EFT 187 EFT 188 EFT 189 EFT 190 EFT 191 EFT 192 Void Checks: 145596 144353 144864 145476 136441 145995 GRAND TOTAL Respectfully submitted, Pamela J. Sibl Council Warrants 03/07/06 Amount 1,832,245.70 35,070.69 1,153, 560.00 75, 000.00 25,610.00 1,122.50 265,745.73 1,250,211.55 879,503.75 323,683.75 43,387.50 429,837.93 (1,611.33) (42.63) (54.31) (28.92) (41,620.93) (16,599.48) 6,255,021.50 BILLS #4 -B 03/07/06 CITY OF ALAMEDA MEMORANDUM Date: March 7, 2005 To: Honorable Mayor and Councilmembers From: Debra Kurita City Manager Re: Recommendation to Appropriate $170,000 in Urban Runoff Funds and Authorize the City Manager to Negotiate and Execute a Contract with Regency Centers for Repairs of Public Drainage Facilities in Coordination with Construction of the Bridgeside Shopping Center Improvements BACKGROUND The City has existing storm drainage facilities along Broadway and Pearl Street that run through the Bridgeside Shopping Center and outfall into the Alameda/Oakland estuary. As part of the Bridgeside Shopping Center design, these facilities are placed within the parking lot, landscape improvement areas and walkways for ease of maintenance. At the City's request, Alameda Bridgeside Shopping Center, LLC (also known as Regency Centers), the Developer for the Bridgeside Shopping Center, inspected the condition of our facilities and determined that the existing pipes need rehabilitation. DISCUSSION Since the Bridgeside Shopping Center is currently under construction, the City has an opportunity to repair the drainage facilities through Regency Centers. Performing the work now would be cost effective and avoid having future repair activities disrupt the daily operations of the Center. The Broadway line will be repaired using a trenchless pipe replacement procedure which lines the existing pipe with a thin layer of high- density polyethylene. The Pearl Street line repair will involve replacement of specific lengths of pipe that are significantly deteriorated. Regency Centers has submitted a bid to complete the work for $155,730. Staff also solicited bids to perform this maintenance and repair work, and received only one bid which was substantially higher (29 %) than the proposal from Regency Centers. Therefore, staff has determined that the proposal from Regency Centers is competitive. To avoid delaying the construction schedule of the Shopping Center, staff recommends entering into an agreement with Regency Centers, for storm drainage repair work within the Bridgeside Shopping Center. A copy of the agreement is on file in the City Clerk's Office. Report 4 -C 3 -7 -06 Honorable Mayor and Councilmembers BUDGET CONSIDERATION/FINANCIAL IMPACT Page 2 March 7, 2006 The budget for the project will be $170,000 to cover the costs for construction (plus contingency), permits and inspection. Funding is available from the Urban Runoff fund. MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE This action will not affect the Municipal Code. RECOMMENDATION Appropriate $170,000 in Urban Runoff Funds and authorize the City Manager to negotiate and execute a contract with the Regency Centers for repair of public drainage facilities in coordination with the construction of the Bridgeside Shopping Center improvements. Respectfully submitted, Matthew T. Naclerio Public Works Director Prepared by: c_QcusD Robert Claire °-' Associate Civil Engineer MTN:RC:gc cc: Chief Financial Officer G: \pubworks \pwadmin\ COUNCIL\ 2006\ 030706\Bridgesidestormdrain.doc CITY OF ALAMEDA MEMORANDUM Date: March 7, 2006 To: Honorable Mayor and Councilmembers From: Debra Kurita City Manager Re: Recommendation to Accept the Work of Ghilotti Brothers Inc., for the Park Street Streetscape and Town Center Project, No. P.W. 10 -02 -13 BACKGROUND On February 15, 2005, the City of Alameda awarded a construction contract in the amount of $2,110,000 to Ghilotti Brothers, Inc., for the Park Street Streetscape and Town Center Project. The project constructed sidewalk and at -grade curb extensions for transit plazas and corner extensions to promote pedestrian safety, installed irrigated planter areas, benches, trash receptacles, bike racks, double- headed Victorian streetlights and six custom - designed bus shelters. New, full -width sidewalks will be constructed only at the transit plazas and curb extensions. DISCUSSION During construction of the project, City Council approved two amendments to the contract to resurface the full width of the street, construct additional sidewalk, increase the street light foundation depth and enable AP &T to do the additional work for a total of $2,275,000. The Park Street Streetscape and Town Center Project has been completed in accordance with the plans and specifications that is acceptable to the Public Works Department with a final project cost of $2,255,289.91. BUDGET CONSIDERATION/FINANCIAL IMPACT The work is funded under CIP# 02 -75, with funds available from a Metropolitan Transportation Commission (MTC) grant, and Redevelopment, Alameda Power & Telecom (AP &T), and Urban Runoff funds. MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE This action does not affect the Municipal Code. Report 4 -D 3 -7 -06 Honorable Mayor and Councilmembers RECOMMENDATION Page 2 March 7, 2006 Accept the work of Ghilotti Brothers Inc., for the Park Street Streetscape and Town Center Project, No. P.W. 10- 02 -13. Respectfully submitted, Matthew T. Naclerio Public Works Director Prepared by: Co o1107 CW Chung /9 Associate Civil Engineer CWC:gc Cc: Valerie Fong, AP &T Nanette Banks, DSD Measure B Watchdog Committee G : \pubworks \pwadmin \COUNCIL\2006 \030706 \Ghilotti Bros Park Street.doc CITY OF ALAMEDA Memorandum Date: March 7, 2006 To: Honorable Mayor and Councilmembers From: Debra Kurita City Manager Re: Quarterly Sales Tax Report For the Period Ending December 31, 2005 BACKGROUND This report presents an analysis of the sales tax transactions for the City of Alameda during July to September 30, 2005. These tax transactions are the basis for sales tax revenues received during the October to December 31, 2005 time period. These transactions and resulting revenues occurred within the context of a state economy that continues to grow. During this period, the Bay Area experienced 6.8 percent growth while statewide growth was 6.2 percent. The State Board of Equalization experienced some payment delays during second quarter 2005 that affected the accounting for payments from approximately 12 Alameda businesses. As a result, these payments were not acknowledged until the third quarter summary. The economic categories affected by these delays were transportation, restaurants and business -to- business. DISCUSSION /ANALYSIS Quarterly sales tax revenues increased by 14 percent as compared to the same quarter of the prior year. This represents $205,000 in sales tax revenues, the result of a combination of increased sales transaction activity and the application of the payments delayed from the second quarter. The sales transactions on which these revenues are based increased by 4.3 percent or $55,000 from the same quarter of the prior year. The key gains were in the construction group (14.4 percent or $9,000) and business -to- business (14.2 percent or $35,000). The declines were experienced in general retail ( -13.1 percent or $39,000) and health and government ( -8 percent or $1,100). The top 25 businesses represent 49 percent ($684,000) of the quarter's sales transactions. The top 100 businesses represent 75 percent ($1,020,362) of the quarter's sales transactions. Report 4 -E 3 -7 -06 Honorable Mayor and Councilmembers A comparison of the key economic categories follows: March 7, 2006 Page 2 of 3 The general retail category, while declining overall, experienced increases in florist and nursery sales. Construction experienced its greatest increase in the wholesale category. The business -to- business category, historically, the better performer, experienced gains of 28 percent in the office equipment and 25 percent in the heavy industry groups. However, within the same business -to- business category, the energy sales and electronic equipment groups experienced losses of 53 percent and 51 percent respectively during that same quarter. Total Sales Transactions 3rd Quarter 2005 3rd Quarter 2004 Percent Change Economic Category Total Percent of Total Total Percent of Total 12% Transportation $ 426,704 31.6% $380,880 29.4% 2.3% Food Products 298,499 22.1% 291,913 22.5% (13.1)% General Retail 262,634 19.5% 302,100 23.3% 14.2% Business -to- Business 278,719 20.6% 244,086 18.9% 14.4% Construction 70,953 5.3% 61,997 4.8% (8.0)% Miscellaneous 12,772 .9% 13,882 1.1% 4.3% Total - Quarter $1,350,281 $1,294,858 The general retail category, while declining overall, experienced increases in florist and nursery sales. Construction experienced its greatest increase in the wholesale category. The business -to- business category, historically, the better performer, experienced gains of 28 percent in the office equipment and 25 percent in the heavy industry groups. However, within the same business -to- business category, the energy sales and electronic equipment groups experienced losses of 53 percent and 51 percent respectively during that same quarter. Honorable Mayor and Councilmembers March 7, 2006 Page 3 of 3 A comparison of the geographic generation of sales tax for the third quarter of 2005 as compared to the same period in 2004 follows: Percent Change Total Sales Transactions Geographic Areas 3rd Qtr 2005 Total Percent of Total 3rd Qtr 2004 Total Percent of Total 4.2% Park — North of Lincoln $ 303,601 22.5% $ 291,262 22.5% 5.5% Park — South of Lincoln 148,354 11.0% 140,651 10.9% (10.3)% Alameda Towne Centre 221,123 16.4% 246,611 19.0% 16.6% Webster — North of Lincoln 82,758 6.1 % 70,986 5.5% (5.8)% Webster — South of Lincoln 29,838 2.2% 31,684 2.4% 9.9% All Other Areas 564,607 41.8% 513,664 39.7% 4.3% Total - Quarter $1,350,281 $1,294,858 It is important to note that Alameda Towne Centre had major construction work in progress during this time period. BUDGET /FISCAL IMPACT The sales tax projections for 2005 -06 Budget have taken into consideration these trends. We continue to monitor this revenue source closely. RECOMMENDATION Accept the Quarterly Sales Tax Report for the period ending December 31, 2005. JB /dl G:\ FINANCE \CQUNCIL\2006 \022106 \Sales Tax 4th Quarter.doc Respectfully submitted, le -Ann toyer Chief Financial Officer CITY OF ALAMEDA MEMORANDUM Date: February 23, 2006 To: Honorable Mayor and Councilmembers From: Debra Kurita City Manager Re: Quarterly Investment Report for Period Ending December 31, 2005 BACKGROUND Each quarter the Investment Summary report is provided to the Council. Attached is the investment portfolio report for the quarter ending December 31, 2005. DISCUSSION The attached portfolio summary reflects the invested operating funds as well as the various assessment district funds and trusteed bond funds. These investments have been made in accordance with the provisions of the City's approved Investment Guidelines. The City of Alameda's expenditure requirements for the next six months are more than sufficiently covered by anticipated revenues from regular operations and liquidity of current investments. FINANCIAL IMPACT Investment earnings are exceeding expectations, but year -end "market to market" (GASB 31) adjustments may be required. RECOMMENDATION Accept the Quarterly Investment Report for the period ending December 31, 2005. JB:dI Attachment G: \FINANCE \COU NCI L\2006 \030706 \Investment123105.doc Respectfully submitted, elle -Ann Boyer Chief Financial Officer Dedicated to Excellence, Committed to Service Report 4 -F 3 -7 -06 City of Alameda California February 23, 2006 Honorable Mayor and City Council I have reviewed the City of Alameda's Investment Report for the quarter ending December 31, 2005 and find that it complies with the Investment Policy established by my office. The interest of the Council is always appreciated. 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NOTES 1.625 % 2/28/06 185,928.75 1.6500% 1.6500% 1- Mar -05 28- Feb -06 364 59 $189,000.00 $188,291.25 BNY - WELLS FARGO TREASURY PLUS 465,530.21 3.3900% 3.3900% 1- Oct -05 01- Jan -06 92 1 465,530.21 465,530.21 TOTAL AND AVERAGES $651,458.96', 2.4225 %1 2.4225 %I 228 30 1 $654,530.21 $653,821.46 CERTIFICATES OF PARTICIPATION ( GOLF & LIBRARY) BNY - WELLS FARGO TREASURY PLUS 1 379 371.37 3.4000% 3.4000% 1-Oct-05 01- Jan -06 92 1 $379,371.37 $3.79,371.37 BNY - WELLS FARGO TREASURY PLUS (RESERVE) I 13 680.18 3.3900% 3.3900% 1- Oct -05 01- Jan -06 92 1 13,680.18 13,680.18 TOTAL AND AVERAGES $393,051.55 3.3997% 3.3997% 92 1 $393,051.55 $393,051.551 1992 PFA REVENUE BONDS SERIES A BNY - WELLS FARGO TREASURY PLUS $49.96 3.4000% 3.4000% 1- Oct -05 01-Jan -06 92 1 49.96 49.96 TOTAL AND AVERAGES $49.96 3.4000% 3.4000 %', 92 1 $49.96 $49.961 ALAMEDA CIC TAX ALLOC. REFUND. SER 2003 A & B UNION BANK - PROVIDENT INST. FUND $1,018,744.28 3.5100% 3.5100% 1- Oct -05 01- Jan -06 92 1 $1,018,744.28 $1,018,744.28 UNION BANK - PROVIDENT INST. FUND 675,000.00 3.5100% 3.5100% 1- Oct -05 01- Jan -06 92 1 675,000.00 675,000.00 UNION BANK - PROVIDENT INST. FUND 274,986.55 3.5100% 3.5100% 1- Oct -05 01- Jan -06 92 1 274,986.55 274,986.55 UNION BANK - PROVIDENT INST. FUND 71,003.15 3.5100% 3.5100% 1- Oct -05 01- Jan -06 92 1 71,003.15 71,003.15 TOTAL AND AVERAGES $2,039,733.98 3.5100% 3.5100 %I 92 1 $2,039,733.98 $2,039,733.981 ALAMEDA CIC TAX ALLOC. REFUND. SER 2003CD MBIA GUARANTEED INVESTMENT CONTRACT $1,263,768.75 4.8600% 4.8600% 1- Oct -05 01- Jan -06 92 1 $1,263,768.75 $1263,768.75 UNION BANK - PROVIDENT INST. FUND 31,899.03 3.5100% 3.5100% 1- Oct -05 01- Jan -06 92 1 31,899.03 31,899.03 UNION BANK - PROVIDENT INST. FUND 847.20 3.5100% 3.5100% 1- Oct -05 01- Jan -06 92 1 847.20 847.20 I TOTAL AND AVERAGES $1,296,514.98 4.8259% 4.8259% 92 1 $1,296,514.98 $1,296,514.981 ALAMEDA CIC SUB TAX TABS 2002 SERIES B UNION BANK - PROVIDENT INST. FUND $56.89 3.5200% 3.5200% 1- Oct -05 01- Jan -06 92 1 $56.89 $56.89 UNION BANK - U.S. TREASURY NOTES 463,413.44 3.5000% 3.5200% 1- Jul -05 15- Nov -06 502 319 481,000.00 477,224.15 UNION BANK - PROVIDENT INST. FUND 8,452.54 3.5100% 3.5100% 1- Oct -05 01- Jan -06 92 1 8,452.54 8,452.54 TOTAL AND AVERAGES $471,922.87 3.5002% 3.5198% 229 107 $489,509.43 $485,733.581 0 0 w 2 m <t a) w O m O w 0. 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In 1960 and 1979, two 10 -foot wide power easements were also granted to the City of Alameda for electrical distribution lines. The recent tenant improvements for the Towne Centre development removed portions of the existing electrical distribution lines and installed additional utility lines requiring modification to the existing easements. Alameda Power & Telecom (AP &T) has required the developer to abandon the two 10 -foot wide power easements and vacate a portion of the 25 -foot wide public utility easement to coincide with the location of the new distribution lines. DISCUSSION Harsch Investment Realty, LLC, has provided the legal description and plat map for the new easement and requests abandonment of the existing easements. AP &T and Public Works staff have reviewed and accepted the proposed easement modifications. All AP &T distribution lines have been installed within the proposed easement. In addition, the electrical distribution lines within the easements to be abandoned have been removed. A legal description and plat map of the subject easements are on file in the City Clerk's Office. BUDGET CONSIDERATION /FINANCIAL IMPACT There is no financial impact to the City as a result of vacating the subject easement or accepting the new easements. The developer paid all costs associated with the installation of the AP &T distribution lines. MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE This action does not affect the Municipal Code. Re: Reso 4 -G 3 -7 -06 Honorable Mayor and February 21, 2006 Councilmembers RECOMMENDATION Page 2 Vacate a portion of a 25 -foot wide public utility easement and two 10 -foot power easements, and accept a 25 -foot wide public utility easement (Towne Centre). Respectfully submitted, i Matthew T. Naclerio Public Works Director Prepared by: Ed Sommerauer Associate Civil Engineer MTN:ES:gc cc: Valerie Fong, AP &T G : \pubworks \pwadmin \COUNCIL\2006 \030706 \vacateeasement revised.doc O CITY OF ALAMEDA RESOLUTION NO. ORDERING VACATION OF A PORTION OF A 25 -FOOT WIDE PUBLIC UTILITY EASEMENT WITHIN TRACT 1866, FILED MAP BOOK 38, AT PAGE 50 TO 54, ALAMEDA COUNTY OFFICIAL RECORDS; VACATION OF TWO 10 -FOOT POWER EASEMENTS, FILED RE:191, IMAGE 407 AND #79- 196972 O.R., ALAMEDA COUNTY OFFICIAL RECORDS AND ACCEPTANCE OF NEW 25 -FOOT WIDE PUBLIC UTILITY EASEMENT ec WHERAS, on October 30, 1957 a 25 -Foot Wide Public Utility ® Easement within Tract 1866 was granted to the City of Alameda by South 1-- - Shore Center and was filed in the Office of the County of Alameda Recorder in ,4 Book 38, at Pages 50 to 54; and 0 WHEREAS, on October 21, 1960 a 10 -Foot Power Easement, described as a portion of Parcel No. 1 of that certain Grant of Easement made to the City of Alameda and was filed in the Office of the County of Alameda Recorder in Reel 191, Image 407; and WHEREAS, on October 2,1979 a 10 -Foot Power Easement, described as Parcel D of that certain Grant of Easement made to the City of Alameda and was filed in the Office of the County of Alameda Recorder as Instrument No. 79- 196972; and WHEREAS, a portion of the existing 25 -Foot Public Utility Easement and 10 -Foot Power Easements are no longer necessary for infrastructure or access purposes and can be vacated. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda that the public utility and power easements be vacated pursuant to the provisions of Division 9, Part 3, Chapter 4, Article 8333 (c) of the Streets and Highways Code. Legal descriptions and plats of the subject easements are hereby accepted. BE IT FURTHER RESOLVED that the City Clerk shall cause certified copies of this resolution, attested under seal, to be recorded in the County Recorder's Office and from and after the date of this resolution is recorded, said easements as recorded on October 30, 1957; October 21, 1960 and September 17, 1979 no longer shall constitute a public service easement. Resolution # 4 -G CC 3 -7 -06 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 7th day of March, 2006, by the following vote to wit: AYES: NOES: ABSENT: ABSENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 7th day of March 2006. Lara Weisiger, City Clerk City of Alameda CITY OF ALAMEDA Memorandum Date: March 7, 2006 To: Honorable Mayor and Councilmembers From: Debra Kurita City Manager Re: Resolution to Grant Another Designated Period for Two Years Additional Service Credit, as provided for under contract amendment between the City and the Public Employees' Retirement System, and California Government Code Section 20903 BACKGROUND The PERS "Golden Handshake" program, as established under California Government Code Section 20903, allows a City, as part of a budget reduction process, to offer a retirement incentive of two years extra service credit to employees in designated positions. The parameters of the program require that the employees must be eligible to retire, have at least five years of service with PERS and must retire within a window of time identified by the Council. The report providing public notice of the proposed Golden Handshake costs was presented to the Council on February 21, 2006. DISCUSSION It is recommended that a PERS "Golden Handshake" window period of March 8, 2006 through June 30, 2006 be designated for the following positions at Alameda Power & Telecom. Division/Section Classification Administrative Services /Financial Services 1 Senior Utility Accountant Administrative Services /Support Services 1 Intermediate Clerk Administrative Services /Support Services 1 Support Services Clerk I Administrative Services /Support Services 1 Telephone Operator/Receptionist Administrative Services /Information Services 1 Computer Programmer /Analyst Administrative Services /Information Services 1 Information Systems Operation Technician Engineering and Planning 1 Utility Services Manager (Engineering and Planning Manager) Engineering and Planning 1 Electrical Equipment Maintenance Superintendent Marketing and Customer Service 4 Customer Service Representatives Marketing and Customer Service 1 Senior Clerk Marketing and Customer Service 1 Marketing Coordinator Operations /Line 1 Engineering Office Assistant Re: Reso 4 -H 3 -7 -06 Honorable Mayor and Councilmembers BUDGET CONSIDERATION /FINANCIAL IMPACT Page 2 March 7, 2006 The added retirement costs will be based on PERS annual valuation reports which will include a maximum of $453,000 beginning with fiscal year 2008/2009 if all eligible employees retire; however, only the costs for those employees who actually retire under these provisions will be assessed. The fiscal year savings, which are calculated based on applicable incumbent criteria, are estimated to be $868,250 annually. RECOMMENDATION Adopt a resolution designating a period of Two Years Additional Service Credit under California Government Code Section 20903. r KW Respectfully submit Karen Willis Human Resources Director CITY OF ALAMEDA RESOLUTION NO. GRANTING ANOTHER DESIGNATED PERIOD FOR TWO YEARS ADDITIONAL SERVICE CREDIT AS PROVIDED FOR UNDER CONTRACT w AMENDMENT BETWEEN THE CITY AND THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM, AND CALIFORNIA GOVERNMENT CODE SECTION 20903 0 a WHEREAS, the City Council of the City of Alameda is a contracting Public Agency of the Public Employees' Retirement System; and WHEREAS, said Public Agency desires to provide another designated period for Two Years Additional Service Credit, Section 20903, based on the contract amendment included in said contract which provided for Section 20903, Two Years Additional Service Credit, for eligible members; NOW, THEREFORE, BE IT RESOLVED, that said City Council does seek to add another designated period, and does hereby authorize this Resolution, indicating a desire to add a designated period from March 8, 2006 through June 30, 2006 for eligible members in the Senior Utility Accountant classification at Alameda Power & Telecom, Administrative Services Division, Financial Services Section; Intermediate Clerk classification at Alameda Power & Telecom, Administrative Services Division, Support Services Section; Support Services Clerk I classification at Alameda Power & Telecom, Administrative Services Division, Support Services Section; Telephone Operator /Receptionist classification at Alameda Power & Telecom, Administrative Services Division, Support Services Section; Computer Programmer /Analyst classification at Alameda Power & Telecom, Administrative Services Division, Information Services Section; Information Systems Operation Technician classification at Alameda Power & Telecom, Administrative Services Section, Information Services Section; Utility Services Manager classification at Alameda Power & Telecom, Engineering and Planning Division; Electrical Equipment Maintenance Superintendent classification at Alameda Power & Telecom, Engineering and Planning Division; Customer Service Representative classification at Alameda Power & Telecom, Marketing and Customer Service Division; Senior Clerk classification at Alameda Power & Telecom, Marketing and Customer Service Division; Marketing Coordinator classification at Alameda Power & Telecom, Marketing and Customer Service Division; and Engineering Office Assistant classification at Alameda Power & Telecom, Operations Division, Line Section. Resolution # 4 -H CC 3 -7 -06 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 day of , 2006, by the following vote to wit: AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of said City this day of , 2006. Lara Weisiger, City Clerk City of Alameda g,g 41 W dal V V V SIM #16 442 '52,1o10,, s stzsts 141 S -./A741151 VAX V CITY OF ALAMEDA RESOLUTION NO. APPOINTING MARILYN EZZY ASHCRAFT AS A MEMBER OF THE CITY PLANNING BOARD >- BE IT RESOLVED by the Council of the City of Alameda that pursuant to w z cc the provisions of Article X of the Charter of the City of Alameda, and upon F.- nomination of the Mayor, MARILYN EZZY ASHCRAFT is hereby appointed to the office of member of the Planning Board of the City of Alameda to fill the unexpired term of John Piziali for the term commencing March 7, 2006 and expiring on June 30, 2007 and to serve until her successor is appointed and qualified. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the day of , 2006, by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this day of , 2006. Lara Weisiger, City Clerk City of Alameda Resolution # 5 -A 3 -7 -06 CITY OF ALAMEDA Memorandum Date: February 21, 2006 To: Honorable Mayor and Councilmembers From: Debra Kurita, City Manager Re: Public Hearing to consider ZA06- 0001 — Zoning Ordinance Text Amendment/City -wide, a revision of Section 30 -5.7 of the Alameda Municipal Code (AMC) entitled Projections from Buildings and Roof Planes, Permitted Encroachments and Treatments of Minimum Required Yards to add an administrative height variance process for additions to existing dwellings. BACKGROUND The proposed amendment revises the Projections and Encroachments section of the Zoning Ordinance by creating a process for allowing additions to be constructed at the same height as the original residential structure when it exceeds the height limit of the Zoning District in which it is located. The proposed language was developed with the assistance of the City's Customer Service Initiative committee. The Planning Board recommended adoption of the Zoning Text Amendment at its meeting of February 14, 2006. DISCUSSION /ANALYSIS The proposed text amendment would allow additions at the same height as the existing building thereby permitting a property owner to add onto a building with a nonconforming height. Administrative findings would be made through the Design Review process, which provides for public notification, 10 -day review, and an appeal process. Under the present development regulations, residential additions must conform to the height requirements of the Zoning District unless a variance is granted. Few variances have been requested, and usually only in conjunction with a variance associated with the number of stories. This process will for example, permit taller Victorians to add to the rear of the structure while maintaining the same roof pitch and design as the original building and eliminates the need to step the height of the addition, which can make the building appear awkward. Dedicated to Excellence, Committed to Service Re: Public Hearing and Intro of Ordinance 5 -B 3 -7 -06 Honorable Mayor and Page 2 Councilmembers February 21, 2006 ENVIRONMENTAL REVIEW This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305 of the CEQA Guidelines, which exempts Minor Alterations to Land Use Limitations and 15301 (e) (2) Additions to existing structures. BUDGET CONSIDERATION /FINANCIAL IMPACT No additional funding would be required to implement the amended ordinance. MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE The Zoning Text Amendment will revise Section 30 -5.7 of the Alameda Municipal Code (AMC), Projections from Buildings and Roof Planes, Permitted Encroachments and Treatments of Minimum Required Yards. The proposed Zoning Text Amendment implements the following General Plan policies: Policies 2.4.f Protect and restore Alameda's outstanding residential architecture of all periods and styles. Policy 3.3. New construction, redevelopment and alterations should be compatible with historic resources in the immediate area. Policy 3.3.e Develop detailed design guidelines to ensure protection of Alameda's historic, neighborhood, and small -town character. Encourage preservation of all buildings, structures, areas and other physical environment elements having architectural, historic or aesthetic merit, including restoration of such elements where they have been insensitively altered. Include special guidelines for older buildings of existing or potential architectural, historical or aesthetic merit which encourage retention of original architectural elements and restoration of any missing elements. The design guidelines include detailed design standards for commercial districts. Dedicated to Excellence, Committed to Service Honorable Mayor and Page 3 Councilmembers February 21, 2006 RECOMMENDATION Introduce an ordinance revising Section 30 -5.7 of the Alameda Municipal Code to add an administrative height variance process for additions to existing dwellings. By: Respectfully submitted, Cath /. oodbury Pla ing & Building 'birector CyntN)a Eliason Acting Development Review Manager Attachments 1. Planning Board Staff Report and attachments 2. Draft Minutes of the February 13, 2006 meeting cc: Members, Customer Service Initiative committee G: \PLANNING \CC \REPORTS\2006 \M Exception.doc Dedicated to Excellence, Committed to Service CITY OF ALAMEDA PLANNING AND BUILDING DEPARTMENT ITEM NO.: APPLICATION: GENERAL PLAN: ENVIRONMENTAL DETERMINATION: STAFF PLANNER: RECOMMENDATION: ATTACHMENT: STAFF REPORT 8 -C ZA06-0001 — Zoning Text Amendment - City of Alameda A Zoning Ordinance Text Amendment to add an administrative height variance process for additions to existing dwellings. Not applicable Categorically Exempt from State CEQA Guidelines, pursuant to Section 15305, Minor Alterations to Land Use Limitations or 15301 (e) (2) Additions to existing structures. Cynthia Eliason, Acting Development Review Manager Recommend approval to the City Council 1. Draft Resolution 2. Correspondence I. PROPOSAL SUMMARY/BACKGROUND In February 2004 the City Council commenced public hearings on Development Code Revisions. Phases I and II of those revisions were adopted in 2005. This amendment follows those revisions and expands upon the revisions to the Projections and Encroachments section of the Zoning Ordinance by creating a process for allowing additions to be constructed at the same non- conforming height as the original residential structure. The proposed language was developed with the assistance of the City's Customer Service Initiative committee. II. ANALYSIS The current subsections 30 -5.7 (k) and (1) allow first and second story additions at the rear of an existing building to be in the same plane as the existing building's walls (i.e. permits a property owner to "grandfather" existing non - conforming setbacks.) This Development Code amendment would allow additions to be at the same height as the existing building and would therefore permit a property owner to "grandfather" an existing non - conforming height. Similar to 30 -5.7 (k) and (1), administrative findings would need to be made through the Design Review process, which provides for a public notification process and 10 -day review as well as an appeal process. Council Report Attachment #1 Planning Board Staff Report Meeting of February 13, 2006 Page 1 Under the present Development Code, residential additions must conform to the height requirements of the Zoning District or seek a Variance. Few Variances have ever been sought, and usually only in conjunction with a Variance associated with the number of stories; however, now buildings are only regulated by maximum building height. For example, this process will permit taller Victorians to add to the rear of the structure without having to step down the addition, which tends to make it look awkward. It will allow the addition to maintain the same roof pitch and design as the original structure. The proposed Zoning Text Amendment implements the following General Plan policies: Policies 2.4.f Protect and restore Alameda's outstanding residential architecture of all periods and styles. Policy 3.3. New construction, redevelopment and alterations should be compatible with historic resources in the immediate area. Policy 3.3.e Develop detailed design guidelines to ensure protection of Alameda's historic, neighborhood, and small -town character. Encourage preservation of all buildings, structures, areas and other physical environment elements having architectural, historic or aesthetic merit, including restoration of such elements where they have been insensitively altered Include special guidelines for older buildings of existing or potential architectural, historical or aesthetic merit which encourage retention of original architectural elements and restoration of any missing elements. The design guidelines include detailed design standards for commercial districts. III. ENVIRONMENTAL REVIEW This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305 of the CEQA Guidelines, which exempts Minor Alterations to Land Use Limitations and 15301 (e) (2) Additions to existing structures. III. RECOMMENDATION The Planning & Building Director recommends that the Planning Board hold a public hearing, consider all pertinent testimony and information, then recommend City Council approval of the Zoning Text Amendment, based upon the findings contained in the attached Draft Resolution. Planning Board Staff Report Meeting of January 10, 2005 Page 2 CITY OF ALAMEDA PLANNING BOARD RESOLUTION DRAFT A RESOLUTION OF THE PLANNING BOARD OF THE CITY OF ALAMEDA RECOMMENDING THAT THE CITY COUNCIL ADOPT A PROPOSED ZONING ORDINANCE TEXT AMENDMENT TO ADD A PROCESS FOR ADDITIONS TO EXISTING DWELLINGS WITH NONCONFORMING HEIGHT WHEREAS, this Zoning Ordinance Text Amendment continues on -going efforts of the City Council to review and improve the Development of the City of Alameda; and WHEREAS, the Board has held a public hearing on this application on February 13, 2006, and has examined pertinent maps, and documents; and WHEREAS, the Board has made the following findings relative to this proposed Zoning Ordinance Text Amendment: 1. Adoption of the proposed Zoning Ordinance Text Amendment is consistent with the Alameda City General Plan and will not create incompatible land uses. 2. This Zoning Ordinance Text Amendment will strengthen the integrity of the General Plan by implementing Policies 2.4.f. 3.3.d and 3.3.e. 3. This Zoning Text Amendment will support the general welfare of the community by assisting the community in meeting its goal of having respect for history. NOW, THEREFORE, BE IT RESOLVED that the Planning Board of the City of Alameda hereby recommends that the City Council determine that the proposal is Categorically Exempt from CEQA, per Section 15305, which exempts Minor Alterations to Land Use Limitations. BE IT FURTHER RESOLVED that the Planning Board of the City of Alameda recommends that the City Council approve the attached ordinance, Attachment 1, for Zoning Text Amendment, ZTA06 -0001 G:\PLANNING \PB\Resolutions \2006\02- 13- 06\ZTA06 -0001. doc Attachment #1 ATTACHMENT 1 CITY OF ALAMEDA ORDINANCE NO. New Series AMENDING ALAMEDA MUNICIPAL CODE BY ADDING A PROCESS FOR ALLOWING ADDITIONS TO EXISTING DWELLINGS WITH NONCONFORMING HEIGHT TO CHARTER XXX (DEVELOPMENT REGULATIONS) BE IT ORDAINED by the City Council of the City of Alameda that: Section 1. The Alameda Municipal Code is hereby amended by adding the following new section to Section 30 -5.7 (Projections from Buildings and Roof Planes, Permitted Encroachments and Treatments of Minimum Required Yards): Section 30- 5.7(m) Extensions of Roof Pitch and Roof Ridges. m. Exceptions to allow extension of roof ridges and roof pitch with heights greater than the maximum building height limitation. If a main building exceeds the maximum building height for the district in which it is located, main building additions may be approved that extend upon the same height roof, ridge, pitch, and plane as the existing roof structure providing that the following findings can be made: 1) No adverse effects such as shading or view blockage would occur on adjoining properties; 2) The ridge and/or pitch, continuation complies with the City of Alameda Building Code. Section 2. Severability Clause. It is the declared intent of the City Council of Alameda that if any section, subsection, sentence, clause, phrase, or provision of this ordinance is held invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not be so construed as to render invalid or unconstitutional the remaining provisions of this ordinance. Section 3. This Ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage. G :\PLANNING \CC \ORDINANCES\2006\M Finding.doc 1 2/4/06 City of Alameda Planning Board Members Re: meeting 2/13/06 Dear Members, With respect to the zoning text amendment 30 -5.7 "M", please be advised that the Customer Service Improvement Committee (CSI) to the Building and Planning Department endorses this amendment and urges you to pass it. Thank you for your consideration. On behalf of the CSI, Marilyn Schumacher Broker Associate, Harbor Bay Realty Citizen Committee members: Ken Carvalho, Buestad Construction Bill Chase, Harbor Master, Ballena Isle Marina Derek Pavlik, Architect Italo Calpestri, Architect Vincent Wu, Structural Engineer Chris Buckley, rep for AAPS Denise Brady, Realtor and rep for AAPS Jane Friedrich, Realtor PRELIMINARY DRAFT Subject to modification prior to approval by Planning Board 8 -C. ZA06-0001 — City of Alameda (CE). A Zoning Text Amendment to add an administrative height variance process for additions to existing dwellings. Citywide. M/S Cook/Kohlstrand and unanimous to move this item from the Regular Agenda to the Consent Calendar. AYES — 5 (McNamara absent); NOES — 0; ABSTAIN — 0 M/S Lynch/Cook and unanimous to adopt Planning Board Resolution No. PB -06 -07 to approve a Zoning Text Amendment to add an administrative height variance process for additions to existing dwellings. AYES — 5 (McNamara absent); NOES — 0; ABSTAIN — 0 Council Report Attachment #2 Planning Board Minutes Page 10 February 13, 2006 CITY OF ALAMEDA ORDINANCE NO. New Series AMENDING THE ALAMEDA MUNICIPAL CODE BY ADDING A NEW SUBSECTION 30- 5.7(M) (EXTENSIONS OF ROOF PITCH AND ROOF RIDGES) TO SECTION 30 -5.7 (PROJECTIONS FROM BUILDINGS AND ROOF PLANES, PERMITTED ENCROACHMENTS AND TREATMENTS OF MINIMUM REQUIRED YARDS) OF CHAPTER XXX (DEVELOPMENT REGULATIONS), TO ADD A PROCESS FOR ALLOWING ADDITIONS TO EXISTING DWELLINGS WITH NONCONFORMING HEIGHT BE IT ORDAINED by the City Council of the City of Alameda that: Section 1. The Alameda Municipal Code is hereby amended by adding the following new section to Section 30 -5.7 (Projections from Buildings and Roof Planes, Permitted Encroachments and Treatments of Minimum Required Yards): Section 30- 5.7(m) Extensions of Roof Pitch and Roof Ridges. m. Exceptions to allow extension of roof ridges and roof pitch with heights greater than the maximum building height limitation. If a main building exceeds the maximum building height for the district in which it is located, main building additions may be approved that extend upon the same height roof, ridge, pitch, and plane as the existing roof structure providing that the following findings can be made: 1) No adverse effects such as shading or view blockage would occur on adjoining properties; 2) The ridge and /or pitch continuation complies with the City of Alameda Building Code. Section 2. Severability Clause. It is the declared intent of the City Council of Alameda that if any section, subsection, sentence, clause, phrase, or provision of this ordinance is held invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not be so construed as to render invalid or unconstitutional the remaining provisions of this ordinance. Section 3. This Ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage. Presiding Officer of the Council Introduction of Ordinance # 5 -B 3 -7 -06 Attest: Lara Weisiger, City Clerk City of Alameda I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by Council of the City of Alameda in regular meeting assembled on the day of , 2006, by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this day of , 2006. Lara Weisiger, City Clerk City of Alameda CITY OF ALAMEDA Memorandum Date: February 14, 2006 To: Honorable Mayor and Councilmembers From: Debra Kurita City Manager Re: Public Hearing to consider two parcel maps, PM 05 -002 and PM 05 -003 Marina Berth Condominium Conversion — Marina Village Properties. Parcel Map 8930 consists of a one -lot subdivision for 99 marina condominium berths. Parcel Map 8931 consists of a four -lot subdivision for 614 marina condominium berths; and related Resolution. The property is located in the M -X Mixed Use Planned Development Zoning District. BACKGROUND The applicant, Alameda Real Estate Investments (AREI), a California limited partnership, is requesting approval of two parcel maps for the purpose of creating condominium berths at Marina Village. Parcel Map 8930 consists of a one -lot subdivision of 4.227 acres for 99 marina condominium berths. Parcel Map 8931 consists of a four -lot subdivision for 614 marina condominium berths. The four parcels on Parcel Map 8931 range in size from 1.57 acres to 10.6 acres. The proposed parcels encompass submerged lands that are currently used for the 713 berths and the associated piers, docks, ramps, gates and waterways. The proposed condominium maps would not change the number of berths at Marina Village, and no change to the Marina Village facilities are proposed. On February 13, 2006, the Planning Board unanimously approved a resolution recommending that the City Council approve the proposed parcel maps. Per the City of Alameda Subdivision Ordinance, the proposed parcel maps also require City Council approval. The establishment of condominiums within the marina is a subdivision under Government Code Section 66424, and compliance with the Subdivision Map Act is required. Because marinas are a commercial use, the proposed project is not subject to the residential condominium conversion requirements. It is important to note the distinction between the parcel map fora condominium project and the condominium plan. The condominium parcel map authorizes the subdivision of property into condominiums but does not identify the location of the units or common area. The map shows the tract boundaries and states that the property is being subdivided for condominium purposes. The condominium plan identifies the location of individual units and common area. Under Civil Code Section 1351(e), the condominium plan is required to contain a three - dimensional description of the property in Re: Public Hearing and Dedicated to Excellence, Committed to Service Reso 5 -C 3 -7 -06 Honorable Mayor and February 14, 2006 Councilmembers Page 2 of 6 sufficient detail to identify the common areas and each separate interest. Government Code Section 66427(b) provides that maps should not include the condominium plan and it further provides that the governing body may not refuse the approval of a parcel map because of the absence of a condominium plan. The project applicant is proposing a condominium parcel map as a condition on the sale of the waterside parcels to a third party. If the condominium parcel maps are approved, the current or future owner may choose to record a condominium plan and Commercial Declaration of Restrictions (C.C. &R.$) for the new parcels. The condominium plan, and accompanying Marina C.C. &R.'s will specify the rights and responsibilities of the individual condominium berth owners and the rights and responsibilities of the berth owners association. Once the condominium plan and C.C. &R.s are recorded, the process of creating the condominiums is complete. (Civil Code Sections 1351(e) and 1352). Once a condominium plan is recorded, the Marina parcel owner may sell condominium berths. A buyer will purchase a separate interest in a unit (the berth) and an undivided interest in the common area. The separate interest will be a three - dimensional envelope that encompasses the water and airspace needed to berth a boat. The common area will consist of the docks, fingers, ramps, entry gates and any waterways not included within the separate interest. Portions of the common area will be owned by the Condominium Association and portions will be owned by the berth condominium owners in undivided interests in common. DISCUSSION Planning Context Marina Village was conceived and developed in the 1980s as a mixed use, master planned development with residential, office, industrial, retail, restaurant, hotel and marina uses supported by a network of shared public open spaces, shore line access, and parking. The development encompassed 205 acres with the water area making up approximately 50 acres of that total. As part of the master plan for Marina Village, a shared parking program was established. The program includes centrally located parking lots with reciprocal parking easements between the various uses, which are recorded in the current C.C. &R.s for each parcel. During the last 20 years, the shared parking program has successfully accommodated the peak parking demand during both weekday and weekend periods. Marina Village currently includes 713 marina berths. The berths are located in the Oakland /Alameda Estuary along Alameda's northern waterfront. The westernmost berths are located adjacent to the Extended Stay America building, and the easternmost berths are located adjacent to the now vacant Tied House Restaurant. Triumph Drive, Marina Village Parkway, and a pathway adjacent to single - family homes just north of Independence Drive provide access to the marina. Dedicated to Excellence, Committed to Service Honorable Mayor and February 14, 2006 Councilmembers Page 3 of 6 Land Use Implications: The proposed parcels are designated "Commercial Recreation" in the General Plan. This is the designation the General Plan uses for marinas on the Estuary, San Leandro Channel, and San Francisco Bay. Therefore the proposal is consistent with the General Plan and existing zoning. As described above, the site is currently developed as a marina. This proposal would not change any of the physical conditions within the area. It would not result in a change to the number of existing berths or the number of live- aboards permitted at the Marina. The proposed subdivision allows for a different ownership structure for the marina. The proposed conversion from rental berths to condominium berths is not possible if the State of California Department of State Lands holds an interest in the property. Based upon title searches and a 1953 court judgment, it has been determined that the site is not subject to the State Lands restrictions. As shown on the proposed maps, all but approximately one acre of parcel #1 on Map #2 is within the original Antonio Peralta Land Grant filed in Book A of Patents, Page 648 on September 15, 1874, which is a federal patent. The title for the remaining one acre located between the Peralta Grant Line and the U.S. Pierhead and Bulkhead Line on parcel #1 of Map #2 was cleared by a Final Judgment recorded on October 3, 1953 as instrument no. AL 103599. Therefore, the proposed parcels are not subject to State Lands restrictions and can be divided for sale to individual condominium berth owners. Maintenance and Access: Marina Village was conceived and operated for the last 20 years as a master planned community under a single ownership. Although there are multiple parcels within Marina Village, AREI was responsible for ensuring that the common facilities, shared by all users, such as parking lots, landscaping, lighting and private roads, were well maintained and that access was maintained to the shared facilities. Currently there are multiple, independent C.C.& R.s that address the numerous cross easements, maintenance responsibilities and parking rights over the common areas within Marina Village. In preparation for the sale of Marina Village, AREI established the Marina Village Commercial Association, a California nonprofit mutual benefit corporation (the Commercial Association) in order to secure a permanent structure for the long term management, maintenance and control of the common areas. The members of the Commercial Association will be the owners of most of the properties within Marina Village and will be governed by a board of directors elected by the members. The future owners of the proposed marina parcels will be part of the Commercial Association. The Marina Village Shopping Center and the Pacific Marina are not included in the Marina Village Commercial Association. These two projects are independently responsible for their own common areas. The previous multiple C.C. &R.s that used to govern Marina Village were replaced by a single master Commercial C.C. &R.s (the Commercial C.C. &R.$), which identify all the cross easements, maintenance duties, parking right and payment obligations of the participating Dedicated to Excellence, Committed to Service Honorable Mayor and February 14, 2006 Councilmembers Page 4 of 6 properties. The establishment of the Commercial Association and the Commercial C.C. &R.s ensure that the high level of maintenance of the Iandside common areas will continue over the long term. The duties of the Commercial Association are set forth in the Commercial C.C. &R.s and require the Commercial Association to maintain the common area improvements and landscaping in a neat and attractive condition appropriate for a first -class commercial center and in compliance with all applicable laws and ordinances. The cross easements and parking rights that the Marina users historically had under the previous C.C. &R.s are retained through the Commercial C.C. &R.s. If the future owner of the marina parcels chooses to record a condominium plan, the condominium plan will include C.C. &R.s for a marina condominium association (Marina Association and C.C. &R.s.) The Marina Association will continue to be a participating party in the Marina Village Commercial Association with responsibilities for, and access to, the Iandside common areas and parking. However, the Marina Condominium Association and marina C.C. &R.s will also address management and maintenance responsibilities for the Marina Condominium Association and the individual berth owners. The Marina Condominium Association will maintain the common areas within the marina and will act on behalf of all of the berth condominium owners in connection with the rights and duties under the Commercial C.C. &R.s. It will be the Marina Condominium Association's responsibility to collect from the berth condominium owners each owner's share of the insurance and maintenance costs over the common area facilities, including parking areas, used by the berth condominium owners and to remit this payment to the Commercial Association that is responsible for the actual maintenance. The Marina condominium C.C. &R.s ensure that the common areas within the marina will be well maintained and that adequate insurance is maintained in case of a disaster or major damage. Staff is recommending a condition of approval that requires City review and approval of the Marina C.C. &R.s before they are recorded. The Planning Board amended to the condition to add emphasis on the need to review these documents for appropriate landscape and parking maintenance provisions. Through this review, staff will ensure that clear standards are outlined for maintenance and access, responsibilities for maintenance and preserving access are clearly identified, and contacts are clearly established so that the City knows who to contact in case of a problem. By ensuring that the Marina C.C. &R.s include all of the necessary provisions regarding maintenance, access, insurance and other issues, the City is able to ensure that maintenance at Marina Village continues at a high standard and that access to the shared areas is protected. BUDGET CONSIDERATION /FINANCIAL IMPACT No additional funding is necessary related to planning activities for this project. Dedicated to Excellence, Committed to Service Honorable Mayor and February 14, 2006 Councilmembers Page 5 of 6 Once a Condominium Plan has been recorded, each berth sale would generate a property transfer tax. The funds generated by the transfer tax would flow to the General Fund. MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE This proposal is governed by Alameda Municipal Code §30 -78.5 Action on Tentative and Parcel Maps. Upon review the of staff analysis, the Planning Board found that with the recommended conditions as amended by the Planning Board, the following findings required by Section 30 -78.5 for parcel map approval can be made: 1. That the proposal is consistent with the General Plan and zoning. The proposal will not change the existing marina use. 2. That the proposed improvements are consistent with the General Plan and zoning. No changes to the physical environment are proposed. 3. That the site is physically suitable for a marina use. The marina use has existed on the site since the mid 1980s. No change to the marina use or the number of berths is proposed. 4. That the design of the subdivision or proposed improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. No change to the marina use or the number of berths is proposed. 5. That the design of the subdivision or improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. All of the existing public easements are being preserved. In the process of preparing the maps, it was discovered that a small area of existing public access is not currently covered by a public access easement. As shown on sheet 5 of 6 for parcel 8931, the applicant proposes to fill a gap in the public access easements by extending an existing easement approximately 30 feet. 6. That the design of the subdivision or the type of improvements will not cause serious public health problems. No change to the marina use or the number of berths is proposed. Safe and healthy conditions will be maintained through the commercial association and the C.C. &R.s. ENVIRONMENTAL REVIEW Pursuant to Section 15301 of the California Environmental Quality Act, the project is exempt from environmental review. This section states that no environmental review would be required if a project "...consists of the operation, repair, maintenance, permitting, Dedicated to Excellence, Committed to Service Honorable Mayor and February 14, 2006 Councilmembers Page 6 of 6 leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination." RECOMMENDATION Conduct a public hearing, review all pertinent testimony and information then adopt the attached resolution approving the proposed parcel maps. By: Attachment: Proposed Parcel Maps cc: Planning Board Members G:\ PLANNING \CC \REPORTS\2006 \Docominiums CC rpt 3 -7.doc Respectfully submitted, iii Cathy ; i•odbury Planning & Building irector Andrew Thomas Supervising Planner Dedicated to Excellence, Committed to Service L.3 LU w 4 w ca ce 0 0 v Z 0 0 CJ 0 fn Z 0 W ti 0 2 H h2 2 0 LAMEDA, CALIFORNIA SHEET 4 OF 4 LJ 00 00 00 00 00 04 04 ?°- LiC= n Lt'E ' h @ ® ® a ® ® 00. . ,,,t .2' :b . - 0.) / 1,73 r° 00 7 La; 8" BEARING DISTANCE N 45.063.9* W 16AW N 45.0551° E 14.51. N 49,45'58T W 19.04' .I, 8 ' ' & . ' N B9°3640" W N 45.4924T W N 45.08'40' E 7.1 14, N 67'1412 E N 29.2627 W ( g n z L16 1 N 80°33.35* E (R) 99 —J E °-• 8 L.,11 EASEMENT LIST: • 6ttS ON Jt 4-1 — • / 0 / N , \ a 4,6. :11b U.S, PIERHEAD & - EASEMENT LIST: q`5 If, BULKHED LINE PM 4., / 155 PM 21 CITY OF ALAMEDA E1 PM 3755, 133 PM 74 O 0� 36j3 ?9809 OPEN EASEMENT W LEGEND: Ez SHORELINE ACCESS EASEMENT INCLUDES AE PARCEL 3 �0 ? (9 SUBJECT BOUNDARY LINE P54 3755, 133 PM jVAE) EVAE) SEE SHEET 5 "> PARCEL LINE CREATED BY THIS MAP -2 EASEMENT LINE O L07 8 E3 UE PM 4299 EAST 750.00' / P E1 EASEMENT REFERENCE NUMBER PM 3755. 133 PM 74 155 PM 21 // A A VESTING INFORMATION REFERENCE E1 AE PM 4340, 154 PM 23 // �N // AE ACCESS EASEMENT °'Eli 0/L 40' EBMUDE / N / EBMIUDE EAST BAY MUNICIPAL UTILITY '— 1837 O.R. 130 / DISTRICT EASEMENT // Tv // EVAM EMERGENCY VEHICLE ACCESS EASEMENT E25 PARKING MAINTENANCE EASEMENT MAP // .e,'' / O.R. OFFICIAL RECORDS 89- 278096 O.R. A' / PAE PUBLIC ACCESS EASEMENT /, / _ / PM PARCEL MAP RECIPROCAL MARINE NAVIGATION PARCEL 4 ® / P00 PUBLIC UTILITY EASEMENT EASEMENT, 98- 399161 O.R. •h 7.857 AC,± /37 / QC QUITCLAIMED 99- 069609 O.R. °a" /S SDE STORM DRAIN EASEMENT 44' / 3'97 (T) TOTAL QF LOT 5 ® TR TRACT 0 TR 6096 /'V OAKLAND UE PRIVATE UTILITY EASEMENT 0o LOT 2 188 M 1 / 7 S9' YACHT' CLUB �o PM 3755 O �9 06g3 W 98- 399156 D.R. LINE TABLE h° 133 PM 74 128 % / Z 30 LOT 4 NO. BEARING DISTANCE �3 PM 5102 L31 170 PM 030 125 N 32'00'07 E 13.04' 4 4 97, 170 PM 30 L26 N 56'07'42• W 65.44' A, /4 M CAROUSEL LLC / L27 N 10%x'22 °E 123.90' °Aot" 0A . •, 2000- 176616 O.R. / 728 N 32°00'57• E 43.00' 4 M `%,/ / L29 N 77°00'57" E 74.94' <zs OWNER INFORMATION: 0 90= 12°01'56' f f 4ii'! ■ CITY OF ALAMEDA 1.30 N 5759'03• W 65.00' R = 500.00' / / C3 1 = 105.00' W aa / 7 85- 041644 AND 87- 174736 0.R, L31 N 32 °00'57" 0 13,00' C4 p= 35°24'12" �`/. w// O ® _// TR 6096 ALAMEDA REAL ESTATE INVESTMENTS R = 90.00' 0.= 63°49'49' /%. ,< < �` 188 M 1 88- 753452 O.R. A- 13-29.29T R = 85,00' { CURVE TABLE L = 55.61' K``° E3 n 113.47' R = 400.00' L = 105.83' ) ryo NO. DELTA RADIUS N 84°03' W L = 54.19' LO7 7 IZ\ 47• TR 5096 - 153 M 1 ) ® 03 °31'48• 100.00' MCI �i'� o= 15 °26'17' cffY of ALAMEDA OCITY R = 400.00' �. (� m 06159" 563.00' 61.44' PARK L = 107.78' `�� ��'� LOT 2 TR 5096 188 M 1 LOT 9 -_ — ------ _ 7R 5095 LOT 8 /, - I68 M 1 188 095 ~`� - -- - - -^ . LOT 4 '�. PM 4340 co . 154 PM 23 EARINEERS /SURVEYORS /PLANNERS n, LDT 10 / 2737 6*150 MAIN STREET, SURE 200 7R 6096 \`-J WALNUT CREEK, CA 94597 185 M 1 / 1 TRACT 0716 I I PARCEL MAP NO. 8931 171 M 17 1 FOR CONDOMINIUM PURPOSES LOT 1 LOT4 OT5 I 7R 6096 BEING A DIVISION OF LOT 2 OF PARCEL MAP 3755 RECORDED 7R 6095 188 M 1 IN PARCEL MAP BOOK 133 , PAGE 74, LOT 5 AND LOT 8 188 M 1 AND A PORTION OF LOTS 6 AND 7 OF PARCEL MAP 4299 RECORDED IN PARCEL MAP BOOK 155, PAGE 21, LOT 4 GRAPHIC SCALE OF PARCEL MAP 5080 RECORDED IN PARCEL MAP BOOK 174, PAGE 85, LOT 6 OF TRACT 6096 RECORDED IN MAP BOOK 188, PAGE 1, ALAMEDA COUNTY RECORDS ALAMEDA. CALIFORNIA 4 (1x FEET ) / FOR: ALAMEDA REAL ESTATE INVESTMENTS 1 8388 =80 ft 4 . 1 BY: BKF ENGINEERS, JOB: 20055076 -50 "--"' DATED: JANUARY 2006 I SCALE: 1" = 80' ' • SHEET? OF 10 DUE MO 1 --.1-,1 GRAPHIC SCALE LEGEND: SUBJECT BOUNDARY LINE PARCEL LINE CREATED BY THIS MAP EASEMENT LIST: 0 55' PUE- PM 3632-1, 138 PM 1 CITY OF tp !6,siii U.S. s PIERHEAD & 1 io.( .T."7,f)ft. EASEMENT LINE ALAMED, '<,..,,, — — SO — • — 5JT0016N5T DTRRAENINCHL LINE i p4 E ( I NCLUDES ELECTRIC, GAS, 480/06 TELEPHONE) 0 IT4'3'9:3. 141 PM 20 PARCEL ALAMEDA REAL BULKHEAD LINE — — — SS — — — SAN I TARY SEWER L 198 40' AE ...L.., ESTATE INVESTMENTS 2;1;i5d j" °0 l'''''''*44, / - W - WATER LINE (D P53963, 141 PM 20 . PM 4299 ',.... 88-065441 0.9. 55 FM 21 0 EASEMENT REFERENCE NUMBER 15' PUE all) PM 3983, 141 PM 20 45,a. . -,,,,,o41,R4.41).4., z, /1 STPATA1T163 "''0' 0 4 0 VESTING INFORMATION REFERENCE o / .. , , i ., ',7 ,,W,.'," 'N`s,..,. .„ . ...., ,`', :S• --.• ,.„` k. .tit.."...„1.1....ks..' ..„4,,4, , 1.„. ir 8 if ,,- ,, • - ----., -Iet„, Poil '3 I10 c D 1 ' PUE 4. 7 AE ACCESS EASEMENT 40' 3963, 141 P M 20 , ' EBUDE EAST BAY MUN I C I PAL UT I L I TY PARCEL 1 IDT 46 1 D I STR I CT EASEMENT PUE M ,,''. M5080 g ,. . EVAE EMERGENCY VEHICLE ACCESS EASEMENT PM 4299, 155 PM 21 P i 174 pM 85 V )') 3 ' M MAP 205 PM 18 / , 0 M-11 MONUMENT TO MONUMENT °'F1;() P , ,4 " 0, R . OFF I C I AL RECORDS P1429, 155 PM 21 ` T ' ' ` . ) PAE PUBLIC ACCESS EASEMENT / ;! ' Op A PM PARCEL MAP N 40' PUE 'tV t M PUE PUBL IC UT IL I TY EASEMENT PM 4299, 155 PM 21 p■. ' ...., PARCEL ■•■, i, A CC QUI TCLA I MED .. 0 • 578 AC .± 40 k 63 ' SDE STORM DRAIN EASEENT cCA 40 EBIUDE 130• -6° (T) TOTAL 1837 O.R. 130 TR TRACT LIE PRIVATE UTILITY EASEMENT 0 PARK ING EASEMENT ,/ ALAMEDA REAL i ' . 41ti N 63° ■ " ' .."----.., • 87-086465 O.R. ," ESTATE 1NVESTME '4. illiPtk,..„,_, 17382; ' If @ '', ,-,, PERALTA GRANT UNE 88-153452 O.R. - --,,,. ,......,....■„,4„.... Jr N 63°31'14" W 4., ,.....„ (4) ' 'ARCEL 1 -4,4. 0 PEDESTRIAN INGRESS/EGRESS 0 , EASEMENT (SEE NOTE 5. SHEET 3) LOT 3 /4 :::„.....offi 14"2:.°1fi'18" E , .0D' ,41.f. ' 4175 . ± N 56°33'07 E sEEZE11`..5"A" 88-048931 O.R. 9.85' PM 421 8 _,,.' . it , ' Alt/ ■:".4? . ''''. 4fi et) .1;7 - - 4299 a RAE & OPEN SPACE EASEMENT 155 PM 55 -°1 .v..,... –,-T, * 15'. PM , •111r. 99-184466 O.R. mitf .:, <4. - --7- , , 41.' • ',,, ' ,Or. ---- - 41,11*-- illiv N 8 ' " 26' AE 4481/i ' 1.4 *--.,... 92'35152:'', 0 ' 0 W01-161190 O.R. /PM 144:9°5108" W - -- -. '-•-• 155 PM 6. ,... LOT 1 dit "e4114,4 L ."'... ,,, ..4..„1/8//////f 23 .. NOTES: II.• 42) '',...•ztliPt. it' '";••1„,,,",• --• •„,,, , . -,,,,„ - , , 1 tit awl (,-..,... .. ' - ---••- nk.1 - .......--,No ..o. • ,— ' L 1. THE TOPOGRAPHY DATA REFLECTED ON THIS SHEET IS FOR 404. Fil wiL I.. 4 ----,,,,„ N 64,1542" W 2-STORY 22.52' 1 LOCKER BOX F INFORMATIONAL PURPOSES ONLY, DESCRIBING THE CONDITIONS ‘1--7 olf;4___, _Li - LOT 3 11 BUILDING 1 LOCATION ■ .— 2F061L0TINRG08051 AsTHEAMAFFEPurANNDG PM 4299 ''Ero?*: . PORTION , , TYPICAL 155 FM 21 SEE DETAIL "C" E Ti'4,T,LETENTENDIR s0FTT O. r13668 1RSECIRDTEHDER .‘"/ I I 101 I I r 11 III Pr42499 • k■.‘ ,,SLIEET 6 , .---- . C 2. TOPOGRAPHY SHOWN HEREON WAS COMPILED USING PHOTO- ., GRAMETRIC TECHNIQUES FROM AERIAL PHOTOGRAPHY DATED - • E DATED JULY 20, 2005. .1k4 ' ID PM 42299 \ V L IIIIL '113— l' " 21 9TT11;1",,--- - 1,6,■ • crr 8 OWNER INFORMATION: 429. ", pm . c ® CITY OF ALAMEDA, 85-041641 O.R. '`,' \•.\\_ ,:o.itliot' ) ---"`P k,1( ‘),,A, - ,,* ,4,1)„ :, WIT 8\\Ii....,4111 © 0160 156 ALAMEDA 0 85-041644 AND 85-116017 O.R. ", 30% )., , /, \•■., \ , PM 4299 . ,I°. „ : (P) CITY OF ALAMEDA, 88-048879 O.R. ek,. s'S ,::',/ ,S.,. 4.4fr. ' . \\.. ellAIL "C" 0-,) ALAMEDA REAL ESTATE INVESTMENTS ii.--71-Btf , if ,, I-0 ,,F.., , A;'.\1. A • , • 101.4 I ,. . •• - E (E) ALAMEDA REAL ESTATE INVESTMENTS 0,00.0.100,,,,,,,ip.E.0 NO. BEARING DISTANCE , A Ai." , .4■0! /4* //// \ ..:' I:: 2737 NORTH KAKI MEET, SUITE 200 .L ., , ,, L\ P 4299 I .E © KESSLER ET AL, 91-281541 O.R. WALNUT CREEK CA P4397 L17 N 45°06'39' W 16.01' 120 9 N N 8449°4°420588' W W 1189..904' i'. ,:,k , \ ?-- N, *s, 6' . ,141:47, P. M —4_29., 9 .., -- • - - .-s ? - i'• v , i -. A lt " \ 4 ... _- Ni. 1 /;9 e• ': , e . - ) ,._,., . -- - . - - -, __ _ ® A _ , iir .• . _7,, . - ,,..- -_,— _.,- .. . :s , l■,\ k.4-.'.k 4 . , , ... - - _ ',.--7 .,4:1.. —, -----, - r m1 i p r I .v4' v:ia-0 ..i4. 0 cift- . • - - . . • ' . PARCEL CONDOMINIUM NPURPOSES L21 N 412917 E 99 ,v ' 1 c\ \.4. , 4 8. BEING A DIVISION OF LOT 2 OF PARCEL MAP 3755 51 5 RECORDE D L22 14 89°3640 W 1491 1 1 II N PARCEL MAP BOOK 133 PAGE 74 LOT 5 AND LOT 8 I j 4 j 1 AND A PORTION OF LOTS 6 AND 7 OF PARCEL MAP 4299 L23 N 454924 V/ 7.17 © 1 , , 1 RECORDED 114 PARCEL MAP BOOK 155, PAGE 21, LOT 4 L24 N 45°06'40' E 7.11' .> , ■ Mor 4 FarErf 1 \\ \\,,,... 011 OF PARCEL MAP 5080 RECORDED IN PARCEL MAP BOOK 74, PACE 85, LOT 6 OF TRACT 096 RECORDED IN ss , \' l, \ LOT I -------- TR 4535 .....„,_ PA 2 TR 458 156 M 1 .... \ \ PARK 1 .1 PM 11 N" \ I 1 1 \\ 7;1' 21 1 ' • • _ ' MAP BOOK 188, PAGE 1, ALAMEDA COUNTY RECORDS ALAMEDA, CALIFORNIA FOR: ALAMEDA REAL ESTATE INVESTMENTS BY: BKF ENGINEERS, JOB: 20055076-50 DATED: JANUARY 20061 SCALE: 1° = 80' 1 SHEET 8 OF 10 - a � PERAL7A GRANT UNE , GRAPHIC SCALE SEE DETAIL "A" LINE TABLE OWNER INFORMATION: LOT N 86 °32'07" E i' NO. BEARING DISTANCE „ PM ■ "'777 9 9.85' SHEET 6 a CITY OF 4166600, 85- 041641 O.R. CITY OF ALAMEDA L1 N 10°59'31' W 4.32' 155 '1 21 OPEN SPACE EASEMENT ( IN 1+1. ) ' 85- 173551 O.R. 1 inch = 80 Sent L2 N 02°52'22" E 26.13' 0 CITY OF ALAMEDA (�} 85- 041644 AND 87- 174736 O.R. ~ ' PAR' ' 2 ''� L3 N 09 °4751" E 4272' © q7Y OF ALAMEDA 3 SEE .'EET U.S. 015995AD & 85- 041644 AND 85-116017 Q.R. . BULKHEAD LINE PM 4299 CURVE TABLE ® 0158506 REAL ESTATE INVESTMENTS 1 © 155 PM 21 88- 153452 O.R. O NO DELTA RADIUS LOCKER BOX , 46°05'52" 100.00' 80.46 LOCATION N TYPICAL ; 1.., b0. in '%4H\141, n SLOT LINE P: •.� NOTES: EASEMENT LIST, 92- 121664 A 798 I. THE TOPOGRAPHY DATA REFLECTED ON THIS SHEET IS FOR E2 SHORELINE ACCESS EASEMENT IS ( Oy, (INCLUDES AE AND EVAE) —' V i s ` �r?) CONDIITT IONS AT THE TIME OF E FIIL I NGDOFC THE IMAP TAND 133 PM 74 ��_ IS NEITHER INTENDED NOR TO BE CONSTRUED AS AFFECTING E4 EVAE RECORDED TITLE INTEREST. 138 PM 1 PORTION ' ARCEL 2. TOPOGRAPHY SHOWN HEREON WAS COMPILED USING PAE LOT 6 PHOTOGRAMAETRIC TECHNIQUES FROM AERIAL E5 � , `, \ PM 4299 1.617 A . PHOTOGRAPHY DATED JULY 20, 2005, 138 PM i . , \ 5 PM 21 0 Ee 2D' PUE \ i:TAIL V. ` 138 PM 1 T PM 42 • • � li LEGEND: ,II'�� l ' —'55 PM 21 , moo, \ :S:1, I / _ SUBJECT BOUNDARY LINE JJ !�*5 4r PARCEL LINE CREATED BY THIS MAP mss— _ -4G J�.4')C[L r .^+w -.-. °-. �' — _ EASEMENT LINE _ `r _� ;° C —JT — ELECTR IC, GAS, 1660 /06CTELEPHONE) P4.y' "4 • LOT _ _ _ _ � � 429` • rl \� ��� )3C1 � ° hb SD STORM DRAIN LINE 1* PM 2 _�� l��tl 'RBO' ilk. - �+ - — -SS - — - SANITARY SEWER LINE ASTE' _...- ... -_._ W _...__. -..._ WATER LINE I I EAST 150.00' ;� SEE �EA� l:a i \ I Ei EASEMENT REFERENCE NUMBER �' \ ® VESTING INFORMATION REFERENCE -� EE DE a °C•= ._.,25, p `�,��� AE ACCESS EASEMENT LOT 9 \ \ T �� —.“' .. �� '`. (" EBMUOE EAST BAY MUNICIPAL UT 1l ITT PM 4299— .) °"•"'t DISTRICT EASEMENT 1 0M "°21 \ II ( ._ �. • EVAE EMERGENCY VEHICLE ACCESS EASEMENT LOT 2 \\ 1'' ° '" " 0.R. OFF ICIAL RECORDS TR 4585 c� '—LOCKER BOX— PAE PUBLIC ACCESS EASEMENT 156 M • 1 �:Y 1l cm LOCATION q PARCEL 4 p pUBLIC UTILITY EASEMENT \ \ PARK ,� TYPICAL �6. SHEET 10 QC QUITCLAIMED 1,- k 1 &= 33°26'38" 1 0 -. SDE STORM DRAIN EASEMENT : ., I \ I © R = 10000' �. (T) TOTAL 1 \ \ 4' Q L = 58.37 4, 0 C TR TRACT ENGINEERS lSNnmoxs lPEAl1NE115 LOT 3 I \ 6q �3', o� UE PRIVATE UTILITY EASEMENT ol\ SY 2 (9• Y LOT 2 `. 2737 NORM MAIN STREET, SORE 200 • 7R 4585 l 1 .-2 -1 �2. °� WALNUT CREEK, CA 9.97 • 156 M 1 \ \ ' 0= 35°18'41" ,SO PM 37`5 I \1 R = 134,00' - 133 P. \ \ L = 62.56' PARCEL CONDOMINIUM MAP NO. 8931 ' \ \ N 10°59'31" W ro �\ 59.19' �'! ~.' BEING A DIVISION OF LOT 2 OF PARCEL MAP 3755 RECORDED 1 \ N 8 643$ \`- IN PARCEL MAP BOOK 133 , PAGE 74, LOT 5 AND LOT 8 LOT ]o AND A PORTION OF LOTS 6 AND 7 OF PARCEL MAP 4299 Ad TR 4585 RECORDED IN PARCEL MAP BOOK 155, PAGE 21, LOT 4 156 M 1 © SE' A NER L1 •�' - OF PARCEL MAP 5080 RECORDED IN PARCEL MAP BOOK 254' A AS 41 i � - 174, PAGE 85, LOT 6 OF TRACT 6096 RECORDED IN • 1 I \�.,, \• _ MAP 800K 188, PAGE 1, ALAMEDA COUNTY RECORDS ,,•13' A= 40'23'2 0• R = 100.00' ALAMEDA, CALIFORNIA (7) I. L = 70.49' - ~`- FOR: ALAMEDA REAL ESTATE INVESTMENTS g.) ='t,4• 1 ( LOCKS. :OX . 38 " �'S" LOCATION BY: BKF ENGINEERS. JOB: 20055076 -50 i (• 1 TYPICAL / DATED: JANUARY 2006 l SCALE: 1" = 60' ' SHEET 9 OF 10 CITY OF ALAMEDA RESOLUTION NO. APPROVING PARCEL MAPS, PM 05 -002 and PM 05 -003, AT BERTH GATES 8 THROUGH 11 AT MARINA VILLAGE ›- WHEREAS, an application was made on November 14, 2005 by Marina IA Village Properties requesting approval of Parcel Map, PM 05 -002 to permit the subdivision of one lot (APN 074 - 1334 - 070 -00) and Parcel Map 05 -003 for four Tots (APNs 074 - 1334 - 046 -00, 074 - 1334 - 014 -04, 074 - 1334 - 017 -00, and 074- 1340- 001 -00) that together contain the marina's 713 marina berths, piers, docks, ramps, gates and waterways; and 1- WHEREAS, the subject property is designated as Mixed Use on the General Plan Diagram; and WHEREAS, the subject property is located in a M -X, Mixed Use Planned Development Zoning District; and WHEREAS, the Planning Board held a public hearing on this application on February 13, 2006, and examined pertinent maps, drawings, and documents; and WHEREAS, the Planning Board unanimously approved a resolution recommending City Council approval of the proposed maps; and WHEREAS, the City Council held a public hearing on this application on March 7, 2006, and examined pertinent maps, drawings, and documents; and WHEREAS, said Parcel Map 8931 delineates thereon dedication to the City of Alameda an easement for public access; and WHEREAS, the City Council made the following findings: 1. That the proposal is consistent with the applicable General Plan and zoning, because the proposal will not change the existing marina use which is consistent with the General Plan and zoning for the site. 2. That the proposed improvements are consistent with the General Plan and zoning. No changes to the physical environment are proposed. 3. That the site is physically suitable for a marina use. The marina use has existed on the site since the mid 1980s. No change to the marina use or the number of berths is proposed. Resolution # 5 -C 3 -7 -06 4. That the design of the subdivision or proposed improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. No change to the marina use or the number of berths is proposed. 5. That the design of the subdivision or improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. All of the existing public easements are being preserved. In the process of preparing the maps, it was discovered that a small area of existing public access is not currently covered by a public access easement. As shown on sheet 5 of 6 for parcel 8931, the applicant proposes to fill a gap in the public access easements by extending an existing easement approximately 30 feet. 6. That the design of the subdivision or the type of improvements will not cause serious public health problems. No change to the marina use or the number of berths is proposed. The conversion of the marina slips from rental to "for sale" would not cause public health problems. Safe and healthy conditions will be maintained through the commercial association and the CC &R's. NOW, THEREFORE BE IT RESOLVED, that the City Council finds that pursuant to Section 15301 of the California Environmental Quality Act, the project is exempt from environmental review. This section states that no environmental review would be required if a project "...consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination." BE IT FURTHER RESOLVED that said easement shown on sheet 5 of 6 for parcel 8931 dedicated to the public for rights of access to the City of Alameda are hereby accepted, on behalf of the public and the City, for use in conformity with the terms of offers of dedication. BE IT FURTHER RESOLVED that the City Council hereby approves Parcel Maps PM 05 -002 and PM 05 -003, subject to the following conditions: HOLD HARMLESS 1. Pursuant to California Government Code Section 66474.9(b), the City of Alameda requires as a condition of this Parcel Map approval that the applicant, or its successors in interest, defend, indemnify, and hold harmless the City of Alameda or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, and employees to attack, set aside, void, or annul, an approval of the City concerning the subject property, which action is brought within the time period provided for in Government Code Section 66499.37. The City of Alameda shall notify the developer of any claim, action or proceeding and the City shall cooperate in the defense. If the City fails to notify the developer of any claim, action, or proceeding, or if the City fails to cooperate in the defense, the developer shall not hereafter be responsible to defend, indemnify, or hold harmless the City. ACKNOWLEDGEMENT OF CONDITIONS 2. The applicant shall acknowledge in writing all conditions of approval and accept this permit subject to conditions, with full awareness of applicable provisions of the Alameda Municipal Code for these Parcel Maps to be exercised. OTHER CONDITIONS Conditions Applicable Prior to Approval of Parcel Maps by City Council 3. Parcel maps shall be prepared to the satisfaction of the City Engineer and City's consultant surveyor. 4. The subdivider shall pay for all reasonable office and engineering costs expended by the City Engineer's office, including overhead, in conjunction with reviewing the Parcel Map and in obtaining the map signature of the City's consulting surveyor. 5. The subdivider shall post a refundable cashier's check in the amount of $1,000 to guarantee a mylar copy of the recorded Parcel Maps in the form approved by the City Engineer. Conditions Applicable After Approval of Parcel Maps by City Council 6. The subdivider shall provide one mylar copy of the recorded parcel maps. 7 Covenants, Conditions and Restrictions (CC &R's) for the future Marina Condominium Plan shall be prepared to the satisfaction of the City of Alameda City Attorney's office. The City Attorney review will include, but not be limited to, a review of provisions designed to ensure that all future common areas, landscaping and parking areas will be well maintained and that shared access will be maintained. The decision of the City Council shall be final. NOTICE. No judicial proceedings subject to review pursuant to California Code of Civil Procedure Section 1094.5 may be prosecuted more than ninety (90) days following the date of this decision plus extensions authorized by California Code of Civil Procedure Section 1094.6 NOTICE. The conditions of project approval set forth herein include certain fees and other exactions. Pursuant to Government Code Section 66020 (d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations and exactions. The applicant is hereby further notified that the 90 day appeal period in which the applicant may protest these fees and other exactions, pursuant to Government Code Section 66020 (a) has begun. If the applicant fails to file a protest within this 90 day period complying with all requirements of Section 66020, the applicant will be legally barred from later challenging such fees or exactions. 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 day of , 2006, by the following vote to wit: AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of said City this day of , 2006. Lara Weisiger, City Clerk City of Alameda CITY OF ALAMEDA MEMORANDUM Date: February 22, 2006 To: Honorable Mayor and Councilmembers From: Debra Kurita City Manager Re: Adopt a Resolution Granting a Non - Exclusive Facilities Easement and a Non - Exclusive 18 -Foot Wide Ingress and Egress Easement between City of Alameda and Alameda Real Estate Investments within Lot 7 of Tract 6096 BACKGROUND Alameda Real Estate Investments is in the process of converting existing rental marina berths to privately owned condominium marina berths located adjacent to and westerly of the now closed Tied House Restaurant and the City Waterfront Park. Public facilities currently exist on City owned Parcel 7 of Tract 6096. Alameda Real Estate Investments is requesting a non- exclusive easement for the right to use and maintain the existing public facilities consisting of restrooms, shower and laundry facilities in connection with the recreational use of the adjacent marina and a non - exclusive easement for ingress and egress purposes across a City -owned parcel to access the public facilities. The public will still be allowed use of the facilities in order to remain in compliance with Bay Conservation and Development Commission Permit# 39 -79. DISCUSSION Alameda Real Estate Investments has provided the legal description and plat maps for the easements which have been reviewed and accepted by City staff. The City may revoke the easement at any time, following a public meeting, if Alameda Real Estate Investments, or successors, fail to operate, maintain or repair the facilities as set forth in the grant of easement agreement or breach any other terms of the easement agreement. The legal description and plat maps of the subject easements are on file in the City Clerk's Office. BUDGET CONSIDERATION/FINANCIAL IMPACT All costs associated with the operation, maintenance and repair of the facilities in a safe, sanitary and fully operational conditions will be by Alameda Real Estate Investments, or their successors. The City maintains the right to perform additional maintenance, utilizing funds from the Landscape and Lighting Assessment District 84 -2, Zone 5, as determined by the City. There will be no impact to the General Fund. Re: Public Hearing and Reso 5 -C 3 -7 -06 Honorable Mayor and February 22, 2006 Councilmembers MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE This action does not affect the Municipal Code. RECOMMENDATION Page 2 Grant a Non - Exclusive Facilities Easement and a Non - Exclusive 18 -foot wide ingress and egress easement between City of Alameda and Alameda Real Estate Investments within Lot 7 of Tract 6096. Respect i11ysubmitted, Matthew T. Naclerio Public Works Director Prepared by, S&lTvQ) Lru,_ Ed Sommerauer Associate Civil Engi?thet' MTN:ES:gc Cc: Andrew Thomas, Planning G : \pubworks \pwadmin \COUNCIL\2006 \030706 \faciliti esease E CITY OF ALAMEDA RESOLUTION NO. GRANTING A NON - EXCLUSIVE FACILITIES EASEMENT AND A NON- EXCLUSIVE 18 -FOOT WIDE INGRESS AND EGRESS EASEMENT BETWEEN CITY OF ALAMEDA AND ALAMEDA REAL ESTATE INVESTMENTS WITHIN LOT 7 OF TRACT 6096 WHERAS, on October 11, 1989 Lot 7 of Tract 6096 was dedicated to the City of Alameda for public access and open space and was filed in the w Office of the County of Alameda Recorder in Book 188 of Maps at Pages 1 -8; Z and �-- WHEREAS, existing public facilities consisting of restrooms, shower cc and laundry facilities are located on Lot 7 of Tract 6096; and WHEREAS, Alameda Real Estate Investments, a California limited partnership, has requested a non - exclusive facilities easement to use the public facilities as reasonably necessary in connection with the recreational use of Alameda Real Estate Investment, or successor's, adjacent marina; and WHEREAS, Alameda Real Estate Investments, a California limited partnership, has requested an 18 -foot wide ingress and egress easement to extend an existing 18 -foot wide easement within Lot 7 of Tract 6096 to the adjacent Lot 8, Tract 6096; and WHEREAS, the public will still be allowed the use of the facilities in order to remain in compliance with Bay Conservation and Development Commission Permit # 39 -79; and WHEREAS said grant of easements contains maintenance agreements to insure that facilities shall be operated, maintained and repaired as determined by the City so facilities remain in a safe, sanitary and fully operational condition; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda that the grant of non - exclusive facilities easement and a non- exclusive 18 -foot wide ingress and egress easement between City of Alameda and Alameda Real Estate Investments within Lot 7 of Tract 6096 are herby accepted. BE IT FURTHER RESOLVED that the City Clerk shall cause certified copies of this resolution, attested under seal, to be recorded in the County Recorder's Office. Resolution # 5 -C 3 -7 -06 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 7th day of March, 2006, by the following vote to wit: AYES: NOES: ABSENT: ABSENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 7th day of March 2006. Lara Weisiger, City Clerk City of Alameda CITY OF ALAMEDA MEMORANDUM March 7, 2006 TO: FROM: RE: Honorable Mayor and Councilmembers Debra Kurita City Manager Adoption of Resolution Establishing the Long -Term Park Use Policy BACKGROUND On September 7, 2004 the City Council requested that the Recreation and Park Commission develop a Long -Term Park Use Policy that would govern the private use of City park lands for the Council's consideration. On June 7, 2005, after reviewing a draft proposal, the Council requested that the document be revised to include a precise definition of long -term use, a limit on the amount of space that could be utilized in a given park, and specific language indicating that the Recreation Commission would be responsible for reviewing and approving applications with the applicant having the right of appeal to the City Council. The document was then remanded to the Recreation and Park Commission for further study. The Recreation and Park Commission resubmitted the Long -Term Park Use Policy for Council review at their meeting on February 21, 2006. The Council has directed staff to revise the document to provide a detailed definition of non - profit status, provide additional requirements for the public notification process, clarify the stipulation limiting the amount of space available to non - profit organizations at no more that 15% of the total acreage of a given facility, and expand the section regarding alterations or new construction in the park to include a requirement for Council approval. Staff was also directed to bring the Policy back in the form of a resolution for Council consideration. DISCUSSION /ANALYSIS The modifications requested by the Council during their meeting on February 21st have been incorporated into the Policy and are outlined below: • The term non - profit status has been defined as: Organizations must be tax exempt, non - restrictive in nature, meet regularly; have a definite organizational structure including established Bylaws. Re: Reso 5 -D 3 -7 -06 Honorable Mayor and Page -2- Councilmembers • The public notification stipulations have been revised to read: "The Public Notification Process will include written notification to local residents (both property owners and renters) within 300 feet of the facility and the placement of a public notice in a newspaper of general circulation with the City at least 10 days prior to the date of review." • The section establishing limits on the total acreage available for use has been modified to read: "Uses by non -city sponsored non - profit organizations may occupy no more than 15% of the total acreage available in the affected park." • The section governing alterations or new construction in parks has been expanded to include: "Uses requiring changes to the existing conditions of park land or recreation facilities (e.g., construction of additional facilities, installation of barriers to open space, or the placement of tents or shelter structures larger than 8 feet by 8 feet, and /or those requiring significant anchoring or footings must comply with established planning and building policies and procedures of the City of Alameda and are subject to approval by the Council. " Staff also discussed the proposed policy, including the revisions outlined above, with a number of local non - profit agencies such as the Alameda Boys and Girls Club and all have indicated support for the policy. Also, an issue was raised regarding the possible effects the policy would have on the long -term leases already in effect for the Franklin and Lincoln Pool sites. The City currently leases the pools located in Franklin and Lincoln Parks to the Alameda Swim Association, a local non - profit, which is responsible for the operation and maintenance of both facilities. Since the Association is a non - profit organization and both facilities occupy less that 15% of the total acreage available in their respective sites, the proposed policy would not preclude their lease from being extended when it comes up for renewal in 2011 should that be the Council's direction. Staff has contacted the Alameda Swim Association representatives and they are in support of the Long -Term Park Use Policy. BUDGET CONSIDERATION /FINANCIAL IMPACT Impact of the Long -Term Park Use Policy will be absorbed within the General Fund. MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE This Policy complements the Alameda Municipal Code, Section XXII, Parks, Recreation Areas and Public Property. Honorable Mayor and Page -3- Councilmembers RECOMMENDATION Adoption of resolution establishing the Long -Term Park Use Policy. Respectfully submitted, Debra v. iri+a City 1 By: DK:DL:JK:bf Attachments Alameda Recreation & Parks City of Alameda Recreation & Parks Long -Term Park Use Policy Purpose It is the intent of the Long -Term Park Use Policy to preserve and protect Alameda's parks and recreation facilities, to maintain their public character and to ensure their availability for public use and enjoyment. Further, the policy is designed to prevent damage to park and recreation facilities and to discourage inappropriate and or unauthorized use of park property. This Policy complements the Alameda Municipal Code, Section XXII, Parks, Recreation Areas and Public Property. Lonq -Term Use Defined: Long -term use shall be defined as requests for designated use of 72 hours or more. Definition of Non - Profit — Organizations must be non-profit, tax exempt, non- restrictive in membership, meet regularly, have a definite organizational structure, and bylaws. Limitations on Lonq -Term Park Use: The mission of the Alameda Recreation and Park Department (ARPD) is to provide "quality public parks and facilities and cultural and recreational programs for the community that enrich the quality of life by increasing cultural unity, fostering human development, protecting environmental resources, supporting economic development and strengthening Alameda's sense of community." ARPD reserves priority use for any and all park land and recreation facilities for programs and activities that uphold its mission. Individuals or organizations offering non -City sponsored programs or activities that compete, conflict, and /or are comparable to those provided or sponsored by ARPD will not be granted long -term use of park land or recreation facility space. ARPD programs and activities will not be displaced or restricted in any way to accommodate long -term use by a requesting entity. Long -term use of park land or recreation facilities by non -City sponsored entities for profit making enterprises will not be entertained. Uses by non -city sponsored non - profit organizations may occupy a maximum of 15 percent of the total acreage available in the affected park. Uses requiring changes to the existing conditions of park land or recreation facilities (e.g., construction of additional facilities, installation of barriers to open space, or the placement of tents or shelter structures larger than 8 feet by 8 feet, and or those requiring significant anchoring or footings) must comply with established Planning and Building policies and procedures of the City of Alameda and are subject to approval by the City Council. Draft — 2 -22 -06 Park land and recreation facilities are designed for public use. Therefore, entities requesting approval for long -term use of park land and recreation facilities must be able to accommodate participation from the general public and not be limited by membership association. Entities interested in submitting a request for Long -Term Park Use should complete the accompanying Alameda Recreation and Parks Long -Term Park Use Application and submit it to the ARPD Director or Designee for consideration. Applicants will schedule a pre - application meeting with the ARPD Director or designee to review the proposed request and to discuss additional details regarding the process. All applications for Long -Term Use will be submitted to the Recreation and Park Commission for approval, subject to appeal to the City Council. Draft — 2 -22 -06 Alameda Recreation and Parks Long -Term Use Application APPLICATION FOR PARK USE Entities requesting long -term use of park land or recreation facilities, extending over a period of time of 72 hours or greater, shall complete this application and submit it to the Director or designee of Alameda Recreation and Parks. The Alameda Recreation and Park Commission will have the authority to approve or deny an application for long -term use of park land or recreation facilities. If the Alameda Recreation and Park Commission determines that the proposed long -term use of park land or recreation facilities would impact park programs and users it shall deny the application. Appeals of decisions of the Recreation and Park Commission regarding applications for long -term park use shall be made to the City Council. Review Process Once an application has been filed with the Alameda Recreation and Parks, and prior to the hearing before the Recreation and Park Commission, the applicant will be required to: 1. Conduct a community meeting with the neighborhood currently served by the area requested. 2. The public notification process will include written notification to local residents, both property owners and renters, within 300 feet of the facility and the placement of public notification notices once in a newspaper of general circulation within the City at least 10 days prior to the date of review. 3. Address issues such as potential traffic problems, litter, parking, and noise during the informational meeting. 4. Provide detailed plans or drawings illustrating any structural or aesthetic additions or deletions. 5. Comply with the established policies and procedures of the City of Alameda's Planning Department regarding the placement of structures and hours of operation. 6. Demonstrate the ability to construct, design, and maintain the facilities requested as determined by the Recreation and Park Commission, Planning Commission, and City Council. 7. Attend a hearing before the Recreation and Park Commission for action on the application. Unless the matter is appealed to the City Council, the decision of the Recreation and Park Commission is final. 8. Return the park land or recreation facility to its preconstruction condition upon termination of the long -term use. 9. Entities requesting approval for long -term use of park land and recreation facilities must be able to accommodate participation from the general public and not be limited by membership association. Draft — 2 -22 -06 Long -Term Park Use Permit Name of Organization: Name of Contact: Address: Street City State Zip Phone number: Facility Requested: Name of Facility (e.g., McKinley Park, etc.) Street Address City /State/Zip Term of Use: From To Please describe Intended Use: (attach additional sheets if needed.) Applications should be submitted to: Alameda Recreation and Parks Director 2226 Santa Clara Avenue Alameda, CA 94501 Please attach all drawings and plans needed for this application. Draft — 2 -22 -06 APPLICANT AUTHORIZATION AND AGREEMENT Applicant (Person seeking the permit). I hereby certify that I have read this application form and that to the best of my knowledge, the information in this application and all the exhibits are complete and correct. I understand that any misstatement or omission of the requested information or of any information subsequently requested may be grounds for rejecting the application, deeming the application incomplete, denying the applications, suspending or revoking a permit issued on the basis of these or subsequent representations, or for the seeking of such other and further relief as may seem proper to the City of Alameda. For applications subject to a time and materials charge, I hereby agree to pay the City of Alameda all incurred costs for staff time and materials associated with review and processing of the subject project even if the application is withdrawn or not approved. I understand that one or more deposits will be required to cover the cost noted herein at such time as required by the Recreation and Park Department to ensure there are adequate funds to cover anticipated time and materials costs. I expressly acknowledge and agree that failure to pay a written invoice for additional funds within 14 days of date of invoice shall constitute the applicant's withdrawal of the applications. Applicant's Signature: Date: Agent (Person representing the applicant in the permit process). I hereby certify that I am the designated representative of the applicant during the permit process. Agent's Signature: Date: Draft - 2 -22 -06 CITY OF ALAMEDA RESOLUTION NO. ESTABLISHING A LONG -TERM PARK USE POLICY WHEREAS, the City of Alameda receives requests for the long term use of city parks and recreation facilities; and >- w WHEREAS, the intent of the policy is to protect and preserve Alameda's `iz parks and recreation facilities, to maintain their public character and to ensure •,o their availability for public use and enjoyment. 1— 1. NOW THEREFORE, the City Council of the City of Alameda resolves that the Long -Term Park Use Policy shall be adopted as follows: 2. LONG -TERM USE SHALL BE DEFINED AS - requests for designated use of 72 hours or more. 3. NON - PROFIT ORGANIZATION SHALL BE DEFINED AS — Organizations must be non - profit, tax - exempt, non - restrictive in membership, meet regularly, have a definite organizational structure, and established bylaws. 4. LIMITATIONS ON LONG -TERM PARK USE; a. Individuals or organizations offering non -City sponsored programs or activities that compete, conflict and /or are comparable to those provided or sponsored by ARPD will not be granted Tong -term use of park land or recreation facility space. b. Alameda Recreation and Park Department programs and activities will not be displaced or restricted in any way to accommodate long -term use by a requesting entity. c. Long -term use of park land or recreation facilities by non -City sponsored entities for profit making enterprises will not be entertained. d. Uses by non -City sponsored, non - profit organizations may occupy a maximum of 15% of the total acreage available in the affected park. e. Uses requiring changes to the existing conditions of park land or recreation facilities (e.g., construction of additional facilities, installation of barriers to open space, or the placement of tents or shelter structures larger than 8 feet by 8 feet, and or those requiring significant anchoring or footings) must comply with Resolution # 5 -D 3 -7 -06 established Planning and Building policies and procedures of the City of Alameda and are subject to approval by the City Council. 5. REVIEW PROCESS - The Recreation and Park Commission will have the authority to approve or deny applications for long -term use of park land or recreation facilities. Appeals for decisions of the Recreation and Park Commission regarding applications for long -term park use shall be made to the City Council. a. Entities requesting long term use of park land or recreation faculties extending over a period of 72 hours or greater shall file an application with the Director of the Alameda Recreation and Park Department or his /her designee. b. The applicant should then Schedule an informational meeting with the Recreation and Park Director to review the process and estimated time line. The application will then be scheduled for review by the Recreation and Park Commission. Prior to review by the Recreation and Park Commission the applicant will be required to: 1. Conduct a community meeting with the neighborhood currently served by the area requested. 2. Give written notification to local residents, both property owners and renters, within 300 feet of the facility by placement of a public notice once in a newspaper of general circulation with the City at least 10 days prior to the date of review 3. Address issues such as potential traffic problems, litter, parking, and noise during the informational meeting. 4. Provide detailed drawings illustrating any structural or aesthetic, addition or deletions. 5. Comply with the established policies and procedures of the City of Alameda Planning Department regarding the placement of structures and hours of operation. 6. Demonstrate the ability to construct, design, and maintain the facilities requested as determined by the Recreation and Park Commission, Planning Board and City Council. 7. Attend a hearing before the Recreation and Park Commission for action on the application. Unless the I s matter is appealed to the City Council within 10 calendar days the decision of the Recreation and Park Commission is final. 8. Return the park land or recreation facility to its preconstruction condition upon termination of the use. 9. Accommodate participation by the general public and not be limited by membership association. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Alameda does hereby establish the Long -Term Park Use Policy 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 the regular meeting of the City Council on the day of , 2006, by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this day of , 2006. Laura Weisiger, City Clerk City of Alameda