2006-06-06 PacketCITY OF ALAMEDA • CALIFORNIA
SPECIAL MEETING OF THE CITY COUNCIL
TUESDAY - - - JUNE 6, 2006 - - - 6:30 P.M.
Time: Tuesday, June 6, 2006, 6:30 p.m.
Place: City Council Chambers Conference Room, City Hall, corner
of Santa Clara Avenue and Oak Street
Agenda:
1. Roll Call
[Note: Mayor Johnson will be present via teleconference from
Paris Hotel, 3655 Las Vegas Boulevard South, Las Vegas, Nevada
89109]
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 LEGAL COUNSEL - EXISTING LITIGATION
Name of case: Jose Ricabal v. Yu, City of Alameda, et al.
3 -B. CONFERENCE WITH LABOR NEGOTIATORS
Agency negotiators: Craig Jory and Human Resources
Director
Employee organizations Alameda City Employees Association,
and employees: Chief of Police, Executive
Management Group, Fire Chief,
International Brotherhood of
Electrical Works, and Management and
Confidential Employees Association
3 -C. CONFERENCE WITH LABOR NEGOTIATORS
Agency negotiators: Marie Gilmore and Frank Matarrese
Employee: City Attorney
3 -D. PUBLIC EMPLOYMENT
Title:
City Attorney
4. Announcement of action taken in Closed Session, if any
5. Adjournment
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.
AGENDA REGULAR MEETING OF THE CITY COUNCIL
TUESDAY
JUNE 6, 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 6:30 P.M.
CITY COUNCIL CHAMBERS CONFERENCE ROOM
Separate Agenda (Closed Session)
SPECIAL JOINT MEETING OF THE CITY COUNCIL, ALAMEDA 7:31 P.M.
REUSE AND REDEVELOPMENT AUTHORITY, AND COMMUNITY IMPROVEMENT
COMMISSION, CITY COUNCIL CHAMBERS, Separate Agenda
PLEDGE OF ALLEGIANCE
1. ROLL CALL - City Council
[Note: Mayor Johnson will be present via teleconference from
Paris Hotel, 3655 Las Vegas Boulevard South, Las Vegas, Nevada
89109]
2. AGENDA CHANGES
3. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
3 -A. 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 May 16, 2006. (City Clerk)
4 -B. Bills for ratification. (Finance)
4 -C. Recommendation to approve Employment Agreement for City
Attorney. (City Attorney)
4 -D. Recommendation to award Contracts in the amount of $979,847.26
for Furnishings in the New Main Library. (Library)
4 -E. Recommendation to award Contract in the amount of $2,968,704,
including contingencies, to Gallagher & Burk for repair and
resurfacing of certain streets, Phase 26, No. P.W. 03- 06 -08.
(Public Works)
4 -F. Recommendation to authorize the execution of Landscape
Maintenance Management Contract for the City of Alameda Island
City Landscaping and Lighting District 84 -2 - Marina Village.
(Public Works)
4 -G. Recommendation to appropriate $155,300 in Urban Runoff Funds
and award a Contract in the amount of $643,779, including
contingencies, to Ghilotti Brothers for the Fernside Boulevard
Pedestrian Access Improvements near Lincoln Middle School
(Safe Routes to School), No. P.W. 11- 02 -15. (Public Works)
4 -H. Recommendation to set Hearing date for delinquent integrated
Waste Management charges. (Public Works)
4 -I. Adoption of Resolution Authorizing the Filing of an
Application for Federal Congestion Mitigation and Air Quality
Improvement Program Funding for Electric Fleet Vehicles and
Charging Stations, Committing the Necessary Non - Federal Match
for the Project and Stating the Assurance of the City of
Alameda to Complete the Project; and
• Adoption of Resolution Authorizing the Filing of an
Application for Federal Congestion Mitigation and Air
Quality Improvement Program Funding for Otis
Drive /Doolittle Drive /Island Drive Signal Coordination,
Committing the Necessary Non - Federal Match for the Project
and Stating the Assurance of the City of Alameda to
Complete the Project. (Public Works)
5. REGULAR AGENDA ITEMS
5 -A. Public Hearing to consider adoption of a Resolution
"Confirming the Business Improvement Area Report for Fiscal
Year 2006 -07 and Levying an Annual Assessment on the Alameda
Business Improvement Area of the City of Alameda for Fiscal
Year 2006 -07." (Development Services)
5 -B. Recommendation to approve Alameda Ferry Service actions:
• Recommendation to authorize the City Manager to execute
First Amendment to the Amended and Restated Ferry Services
Agreement with the Port of Oakland;
• Recommendation to authorize the City Manager to execute
extension of Operating Agreement with Blue and Gold Fleet
for the Alameda /Oakland Ferry Service and adopt associated
budgets;
• Recommendation to authorize the City Manager to execute
extension of Operating Agreement with Harbor Bay Maritime
for the Alameda Harbor Bay Ferry and adopt associated
budgets;
• Recommendation to authorize the City Manager to enter into
negotiations with the Bay Area Water Transit Authority
(WTA) for transfer of the City's Ferry Service to the WTA;
• Adoption of Resolution Authorizing the City Manager to
Apply for Regional Measure 1 Bridge Toll Funds, including
Five Percent Unrestricted State Funds and Two Percent
Bridge Toll Reserve Funds, for Operating Subsidy and
Capital Projects for City of Alameda Ferry Services and to
Enter into All Agreements Necessary to Secure These Funds
for FY 2006 -07. (Public Works)
5 -C. Review of Policies regarding the Naming of City Facilities.
(Recreation and Parks, Planning and Building)
5 -D. Adoption of Resolution Opposing State Legislation to Permit
the Towing of Triple Tractor Trailers on State Highways in
California. (City Manager)
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
* **
• 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 • CALIFORNIA
SPECIAL JOINT MEETING OF THE CITY COUNCIL,
ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY,
AND COMMUNITY IMPROVEMENT COMMISSION
TUESDAY - - - JUNE 6, 2006 - - - 7:31 P.M.
Location: City Counci]. Chambers, City Hall, corner of Santa Clara
Avenue and Oak Street.
Public Participation
Anyone wishing to address the Council /Board /Commission on agenda
items or business introduced by the Council /Board /Commission may
speak for a maximum of 3 minutes per agenda item when the subject
is before the Council /Board /Commission. Please file a speaker's
slip with the Deputy City Clerk if you wish to speak on an agenda
item.
ROLL CALL
[Note: Mayor /Chair Johnson will be present via teleconference
from Paris Hotel, 3655 Las Vegas Boulevard South, Las Vegas,
Nevada 89109]
MINUTES
Minutes of the Special Community Improvement Commission (CIC)
Meeting, and the Joint City Council, Alameda Reuse and
Redevelopment Authority, CIC and Housing Authority Board of
Commissioners Meeting held on May 16, 2006. (City Clerk)
AGENDA ITEM
1. Discussion of City Attorney /General Counsel Legal Services and
staffing options. (City Attorney)
ADJOURNMENT
Beverly John on ay�r
Chair, Al d Reuse and
Redevelopment Authority, and
Community Improvement Commission
CITY OF ALAMEDA
MEMORANDUM
To: Honorable Mayor and
Councilmembers
From: Debra Kurita
City Manager
Date: June 6, 2006
Re: New Main Library Project Update
Attached to this memorandum is the June 1, 2006 Library Construction Report.
Respectfully submitted,
Attachment
ane Chisaki
Acting Library Director
Report 3 -A
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UNAPPROVED MINUTES
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY- -MAY 16, 2006- -5:31 P.M.
Mayor Johnson convened the Special Meeting at 6:50 p.m.
Roll Call - Present: Councilmember deHaan, Gilmore, Matarrese,
and Mayor Johnson - 5.
Absent: None.
The Special Meeting was adjourned to Closed Session to consider:
(06- ) Conference with Legal Counsel - Existing Litigation; Name
of case: Campos- Marquez v. City of Alameda.
(06- ) Conference with Labor Negotiators; Agency negotiators:
Marie Gilmore and Frank Matarrese; Employee: City Attorney.
(06- ) Public Employment; Title: City Attorney.
Following the Closed Session, the Special Meeting was reconvened
and Mayor Johnson announced that regarding Conference with Legal
Counsel, Council received a briefing from Legal Counsel; regarding
Conference with Labor Negotiators, Council discussed the City
Attorney; regarding Public Employment, Council discussed City
Attorney employment.
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
May 16, 2006
UNAPPROVED MINUTES
MINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- -MAY 16, 2006- -7:30 P.M.
Mayor Johnson convened the Regular Meeting at 7:54 p.m.
ROLL CALL - Present: Councilmembers Daysog, deHaan, Gilmore,
Matarrese, and Mayor Johnson - 5.
Absent: None.
AGENDA CHANGES
None.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(06- ) Presentation by Alameda Architectural Preservation
Society of a Historic Preservation Award for the storefront
rehabilitation of the Oddfellows Building at 1501 Park Street using
a City facade grant.
Denise Brady, President of the Alameda Architectural Preservation
Society, presented the award to the Mayor.
Mayor Johnson thanked Ms. Brady for the award; acknowledged the
efforts of the Business Development Division Coordinator and
Development Services Director; stated the community realizes the
importance of preserving and restoring historic structures.
(06- ) Proclamation declaring May 18, 2006 as Bike to Work Day.
Mayor Johnson read and presented the proclamation to Lucy Gigli and
John McNulty with Bike Alameda.
Ms. Gigli thanked the Council for the proclamation; stated the
Alameda Association of Realtors has done a great job to encourage
biking.
CONSENT CALENDAR
Mayor Johnson announced that the recommendation to approve a
Contract with EIP Associates [paragraph no. 06- 1, and Resolution
of Intention to Levy an Annual Assessment [paragraph no. 06- ]
were removed from the Consent Calendar for discussion.
Councilmember Matarrese moved approval of the remainder of the
Consent Calendar.
Regular Meeting
Alameda City Council
May 16, 2006
1
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 and Regular City Council Meetings
held on May 2, 2006, and the Special City Council Meetings held on
May 3, 2006. Approved.
( *06- ) Ratified bills in the amount of $8,292,392.81.
( *06- ) Recommendation to accept the Quarterly Sales Tax Report
for the Period Ending March 31, 2006. Accepted.
(06- ) Recommendation to approve a Contract with EIP Associates,
Inc. in the amount of $173,075 for the preparation of an
Environmental Impact Report for Harbor Bay Associates, Inc.
The Planning and Building Director provided a brief oral report.
Councilmember deHaan stated that the environmental review procedure
is standard and is available to any individual.
Mayor Johnson stated the staff recommendation is to approve having
the Environmental Impact Report prepared and is not project
approval.
The Planning and Building Director stated that the Contract ensures
that the applicant pays for the services.
Councilmember Matarrese inquired whether the City was the owner of
the Contract, to which the Planning and Building Director responded
in the affirmative.
David Kirwin, Alameda, stated past newspaper articles have
indicated that the City could build several thousand homes on Bay
Farm Island because of the reverse commute; the review is the fifth
one that has been performed; the demand to provide public services
and community facilities would increase the tax burden on the City.
Mayor Johnson inquired whether the referenced article addressed a
proposal to build several thousand homes at Harbor Bay.
Mr. Kirwin responded the article noted that building several
thousand homes was possible; the proposed lot size is not the
family neighborhood quality and style of Alameda.
Regular Meeting
Alameda City Council 2
May 16, 2006
Councilmember Matarrese noted the City does not plan to build
homes; an application to build homes was submitted by the property
owner.
The City Attorney stated the process is long; studies would be
conducted to provide adequate information to the Planning Board to
consider the application.
Mayor Johnson stated the process is in the early stages; the City
is involved because the City wants to have the consultant perform
the work for the City.
Vice Mayor Gilmore stated an application for 104 homes does not
mean that 104 homes would be built; 104 homes are the maximum but
less could be built; the project may never be built because of
community and City concerns.
Councilmember Daysog stated that he would abstain on the matter; he
is concerned with on -going negotiations with the Port of Oakland;
building additional homes at Harbor Bay could injure the City's
position regarding airport expansion; information is needed to make
an informed decision.
Councilmember Matarrese stated he supports the recommendation in
order to provide current information to the Planning Board.
Councilmember deHaan stated hopefully the report will provide
needed information; the recommendation does not commit the City to
the project; concerns will be aired.
Councilmember Matarrese stated the staff recommendation commits the
City to engage the appropriate firm to conduct the study.
Councilmember Matarrese moved approval of the staff recommendation.
Vice Mayor Gilmore seconded the motion, which carried by the
following voice vote: Ayes: Councilmembers deHaan, Gilmore,
Matarrese and Mayor Johnson - 4. Abstentions: Councilmember Daysog
- 1.
( *06- ) Recommendation to appropriate $16,000 from the Curbside
Recycling Fund and award a Contract in the amount of $72,582,
including contingencies, to AJW Construction for installation of
Rubberized Sidewalks, No. P.W. 02- 06 -05. Accepted.
( *06- ) Recommendation to award Contract in the amount of
$436,000, including contingencies, to SpenCon Construction, Inc.
for the Fiscal Year 2005 -06 Repair of Portland Cement Concrete
Regular Meeting
Alameda City Council 3
May 16, 2006
Sidewalk, Curb, Gutter, Driveway and Minor Street Patching, No.
P.W. 03- 06 -06, and authorize the City Manager to execute up to four
additional Contract Extensions. Accepted.
( *06- ) Resolution No. 13952, "Requesting the Metropolitan
Transportation Commission to Allocate $219,186 in Transportation
Development Act (TDA) Article 3 Funding for the Fernside Boulevard
Pedestrian Access Improvements near Lincoln Middle School (Safe
Routes to School), No. P.W. 11- 02 -15." Adopted.
(06- ) Resolution No. 13953, "Intention to Levy an Annual
Assessment on the Alameda Business Improvement Area of the City of
Alameda for FY 2006 -07 and to Set a Public Hearing for June 6,
2006." Adopted.
Councilmember deHaan inquired whether the annual assessment is only
for Park Street.
The Development Services Director responded the assessment is for
Park Street and Webster Street; the levy rates are different; the
fee is collected along with the business license fee.
Councilmember DeHaan inquired whether businesses have other
assessment.
The Development Services Director responded a City Lighting and
Landscape District is used for maintenance and trash collection;
smaller areas also have individual Lighting and Landscape District
areas.
Councilmember deHaan inquired whether there is a vote for the
assessment.
The Development Services Director responded the assessment was
voted in a long time ago but is not renewed annually; the self -
taxing improvement assessments have an annual review process.
Councilmember deHaan inquired whether Webster Street has a Lighting
and Landscape District.
The Public Works Director responded the City has Landscaping and
Lighting Districts throughout the City, including Webster Street,
Park Street and Bay Street; the fees are set annually; the fees are
used for maintenance, litter collection, and electricity.
Councilmember deHaan inquired whether the City provides the
service, to which the Public Works Director responded the service
is provided by a contractor.
Regular Meeting
Alameda City Council 4
May 16, 2006
Councilmember deHaan inquired whether the City manages the
Contract.
The Public Works Director responded in the affirmative; stated he
was unsure whether the City managed the Contract for trash pickup
on Webster Street.
The Development Services Director stated Webster Street has two
zones for the Lighting and Landscaping District; the levy is
$35,000 per year; Park Street has one zone for $61,000 per year;
the Greater Alameda Business Area (GABA) has one zone for
approximately $4,800 per year.
Councilmember deHaan inquired whether the City provides other
funding streams from improvement funds.
The Development Services Director responded in the negative; stated
the City provides support to Webster Street and Park Street through
the Community Improvement Commission.
Councilmember deHaan inquired whether the matter would be addressed
in the budget process.
The Development Services Director responded in the affirmative;
stated the current budget provides $74,000 for Webster Street and
$94,000 for Park Street; next year's budget would provide $94,000
for each.
Councilmember deHaan inquired whether any funding is given to GABA.
The Development Services Director responded that GABA has not
requested any funding since she has worked for the City; a nominal
amount was provided approximately four years ago.
Councilmember deHaan moved adoption of the resolution.
Councilmember Daysog seconded the motion, which carried by
unanimous voice vote - 5.
( *06- ) Resolution No. 13954, "Ordering Vacation of an Abandoned
15 Foot Storm Drain Easement within Assessor Parcel No. 074 -1360-
Portion of 24, 25, 27, 29, 125 and 152 and Authorize Recordation of
Quitclaim Deed [ID No. 16]." Adopted; and
( *06 A) Resolution No. 13955, "Ordering Vacation of Abandoned 10
Foot Sanitary Sewer Easement within Assessor Parcel No. 074 -1356-
Portion of 12 and 13, and Authorize Recordation of Quitclaim Deed
Regular Meeting
Alameda City Council 5
May 16, 2006
[ID No. 17] (Catellus /Bayport Residential Project)." Adopted.
( *06- ) Resolution No. 13956, "Amending the Management and
Confidential Employees Association (MCEA) Salary Schedule by
Establishing the Salary Range for the Classification of Web
Technical Producer." Adopted.
REGULAR AGENDA ITEMS
(06- ) Resolution No. 13957, "Appointing Jeanette L. Copperwaite
as a member of the Film Commission." (Historic Experience Seat)
Adopted;
(06- A) Resolution No. 13958, "Appointing Kenneth I. Dorrance as
a member of the Film Commission." (Realty /Property Management
Professional Seat) Adopted;
(06- B) Resolution No. 13959, "Appointing David J. Duffin as a
member of the Film Commission." (Film /Video Industry Seat) Adopted;
(06- C) Resolution No. 13960, "Appointing Liam Gray as a member
of the Film Commission." (Arts /Cultural Seat) Adopted;
(06- D) Resolution No. 13961, "Appointing Orin D. Green as a
member of the Film Commission." (Film /Video Industry Seat) Adopted;
(06- E) Resolution No. 13962, "Appointing Patricia A. Grey and a
member of the Film Commission." (Film /Video Industry Seat) Adopted;
(06- F) Resolution No. 13963, "Appointing Tamar Lowell as a
member of the Film Commission." Water /Marina Based Experience Seat)
Adopted; and
(06- G) Resolution No. 13964, "Appointing Theatte (Teddy) B.
Tabor as a member of the Film Commission." (Community -at -Large
Seat) Adopted.
Councilmember Matarrese moved adoption of the resolutions.
Vice Mayor Gilmore seconded the motion, which carried by unanimous
voice vote - 5.
The City Clerk administered the Oath and presented certificates of
appointment to Film Commission members.
Mayor Johnson announced that Allison Bliss is the Chamber of
Commerce representative, Tricia Collins -Levi is the West Alameda
Business Association representative, and Robb Ratto is the Park
Regular Meeting
Alameda City Council 6
May 16, 2006
Street Business Association representative.
(06- ) Public Hearing to establish Proposition 4 Limit
(Appropriation Limit) for Fiscal Year 2006 -07; and
(06- • A) Resolution No. 13965, "Establishing Appropriations Limit
for Fiscal Year 2006 -07." Adopted.
The Finance Director provided a brief presentation.
Mayor Johnson opened the public portion of the Hearing.
There being no speakers, Mayor Johnson closed the public portion of
the Hearing.
Councilmember Matarrese inquired what the rate would be if based on
increased population in the City instead of the County.
The Finance Director responded the adjusted appropriations limit
would be approximately $71 million instead of $74 million.
Councilmember deHaan moved adoption of the resolution.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 5.
(06- ) Public Hearing to consider collection of Delinquent
Business License Fees via the Property Tax Bills.
The Finance Director provided an updated, delinquent business
license list.
Mayor Johnson requested that the Finance Director briefly describe
what efforts are made to get delinquent business licenses paid.
The Finance Director stated property owners are billed even though
the Municipal Code states that the property owner is responsible
for applying and paying for a business license; an annual renewal
is sent out in April once a business license is on file; collection
is attempted through July 31, at which time the business license
becomes delinquent; delinquent notices are sent out again in March;
parcels with unpaid business licenses as of June 30 are placed on
the tax roll; Public Hearing notices are also sent.
Mayor Johnson stated the total amount of uncollected license fees
is $5,629.28, $9,536.77 with late charges; efforts are made to work
with the business community; the City appreciates what businesses
do for the community.
Regular Meeting
Alameda City Council 7
May 16, 2006
Councilmember Daysog suggested researching adding "Important
Notice" in the top five languages to the notification.
Councilmember deHaan inquired whether most of the people on the
list have paid business licenses in the past.
The Finance Director responded some are continuing business; the
majority took out a business license in 2004 but did not renew in
2005.
Mayor Johnson inquired whether the notification indicates that the
owner needs to advise the City when the business ceases, to which
the Finance Director responded in the affirmative.
Mayor Johnson opened the public portion of the Hearing.
Rupert Davis, Oregon, stated he disagrees with the March 15 letter
he received; his mother -in -law had a business license [for 720
Lincoln Avenue] until 1997; rent stopped for the upper unit in 1997
because of renovation; his mother -in -law was advised by the Finance
Department that a business license is not required if only one unit
is rented; his mother -in -law passed away in 2001, and he and his
wife took ownership; the Finance Department personally informed him
that a business license is not required if only one unit is rented;
an $84 late fee is ridiculous when he was told that he did not need
a business license; only one unit was rented in 1997, 1998, and
1999, and he did not own the property at that time; no units were
rented from 2000 to 2003; rent started in February 2004.
There being no further speakers, Mayor Johnson closed the public
portion of the Hearing.
Mayor Johnson requested that Mr. Davis's case be referred to the
Finance Department to determine whether the fee is valid.
The Finance Director stated she would work with Mr. Davis.
Councilmember Matarrese stated conclusions would be made based upon
the supporting documentation.
Councilmember Daysog moved approval of staff recommendation with
direction to review and determine the validity of Mr. Davis's
complaints and research adding "Important Notice" in the top five
languages to the notification.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 5.
Regular Meeting
Alameda City Council
May 16, 2006
8
(06- ) Recommendation to award Contract in the amount of
$1,050,505.00 to McGuire and Hester, and allocate a 10% contingency
in the amount of $105,100.00 for the construction of the Bayport 4-
acre park.
The Redevelopment Manager provided a brief presentation.
Councilmember deHaan inquired whether the original bidder or
challenger resubmitted a bid, to which the Redevelopment Manager
responded in the negative.
Mayor Johnson inquired whether the bids were lower.
The Redevelopment Manager responded the bids for the park were
lower; stated the community building bids were higher than the
engineer's estimate; staff will recommend rejecting the bids at the
June 20 City Council Meeting.
The Acting Recreation and Park Director stated he has contacted the
School District to arrange for facilities to run the After School
Playground Program in the fall; field use will be rotated;
renovation of Godfrey Park will start after Bayport Park is opened.
Mayor Johnson inquired when the construction of the community
building would be completed.
The Acting Recreation and Park Director responded the community
building would be re -bid in the fall.
Mayor Johnson inquired whether construction could be done during
the school year, to which the Acting Recreation and Park Director
responded in the affirmative.
The Redevelopment Manager stated the community building is on
school property and is subject to the Department of State Architect
standards, which are higher; the original lowest bid was $730,000;
the re -bid was $850,000; the engineer's estimate was in the
$600,000 range.
Vice Mayor Gilmore moved approval of the staff recommendation.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 5.
Mayor Johnson inquired whether the renovations for Godfrey Park
would start in September, to which the Acting Recreation and Park
Director responded hopefully.
Regular Meeting
Alameda City Council 9
May 16, 2006
Mayor Johnson inquired when renovations for Woodstock Park would
start.
The Acting Recreation and Park Director responded the City has
until 2012 to spend the grant money; stated Ritter Park would be
renovated after Godfrey Park; Woodstock Park would be renovated
next; the Woodstock Park design is more involved because of
drainage problems in the neighborhood.
Councilmember Matarrese inquired why renovation for Ritter Park
would be before Woodstock Park.
The Acting Recreation and Park Director responded renovation for
Ritter Park would be quicker; stated renovation for Woodstock Park
would start next year in late summer or early fall.
Mayor Johnson stated starting renovation next year makes sense;
Woodstock Park would not be open for the baseball season if work
started next spring.
Councilmember deHaan inquired when the park and facility naming
policy would be brought to Council, to which the Acting Recreation
and Park Director responded June 6.
ORAL COMMUNICATIONS, NON - AGENDA
None.
COUNCIL COMMUNICATIONS
(06- ) Vice Mayor Gilmore stated there have been various
lobbying efforts to allow triple tractor trailers on California
highways; California currently bans triple tractor trailers;
shipping companies are attempting to get the legislation through
the State; the Governor has indicated some interest last time the
issue was proposed; a subcommittee vote lost by a margin of eight
to five; requested that the matter be placed on the agenda; stated
citizen safety is a concern; there is potential for jackknifing and
major wear and tear on local roads.
Mayor Johnson concurred with Vice Mayor Gilmore; inquired whether
triple tractor - trailers could be restricted in Alameda.
The City Attorney responded probably not; stated there may be State
and Federal preemptions; a number of Alameda streets are considered
State highways.
Regular Meeting
Alameda City Council
May 16, 2006
10
Councilmember Matarrese stated that the matter should be placed on
the agenda.
Councilmember deHaan stated eleven states allow triple tractor -
trailers, the Federal government does not.
Mayor Johnson inquired whether double tractor - trailers are
permitted in California and not Oregon, to which Councilmember
deHaan responded in the affirmative.
Vice Mayor Gilmore inquired whether the matter could be placed on
the agenda sooner rather than later, to which the City Manager
responded the matter would be placed on the June 6 City Council
agenda.
(06- ) Councilmember deHaan stated that the City has easement
rights for streetscaping along Appezzato Way even though
negotiations are being conducted with the Alameda Beltline;
requested an Off Agenda Report on the matter; stated the City is
missing an opportunity to bring the community together; landscaping
should be done sooner rather than later; the Summer House,
previously Harbor Island Apartments and Buena Vista Apartments, is
one of the highest density areas in Alameda, with 41 homes per
acre, and lends itself to a transportation node; the matter should
be brought to the Transportation Commission.
(06- ) Mayor Johnson requested that the City Council or Planning
Board review office /business conversions in residential areas;
stated the Council set a precedent on the issue several years ago
[June 6, 2000] when a request was made to convert a residential
structure into a law office beyond a business area [2058 Central
Avenue]; she would like to formalize the precedent; previously the
Council stated that no residential conversions would be allowed in
the area.
Vice Mayor Gilmore stated that the Planning Board denied the
request because parking requirements could not be met and a
variance was requested.
Mayor Johnson stated the City needs to be clearer on the matter so
that people do not purchase residential property with the intent to
convert the property to commercial.
The City Manager stated that the matter would be brought back to
Council, including past Council action.
(06- ) Councilmember deHaan stated the Miracle League provides
an opportunity to establish a baseball field for individuals with
Regular Meeting
Alameda City Council 11
May 16, 2006
limitations; the School Board reviewed possible fields; endorsement
has been received from the Recreation and Parks Commission; the
City provides full range sport opportunities; providing baseball
fields for the Miracle League fills the one gap; encouraged the
City to lend a kind ear to the opportunity and move forward.
ADJOURNMENT
There being no further business, Mayor Johnson adjourned the
Regular Meeting at 9:01 p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
Regular Meeting
Alameda City Council
May 16, 2006
12
June 1, 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
148423 - 149022
EFT 212
EFT 213
EFT 214
EFT 215
EFT 216
Void Checks:
Amount
3,374,883.60
25,603.50
806,749.00
25,603.50
72,039.65
110,699.24
147204 (565.41)
147438 (50.00)
147675 (33.00)
147356 (135.00)
148424 (2,729.60)
147985 (3,456.67)
148770 (73.60)
133307 (1,737.00)
135257 (856.00)
145343 (5,762.00)
135296 (776.00)
GRAND TOTAL
Respectfully submitted,
Pamela J. Sibl
Council Warrants 06/06/06
4,399,404.21
BILLS #4 -B
06/06/06
MEMORANDUM
Date:
To:
From:
June 6, 2006
Mayor Beverly Johnson
Members of City Council
Karen Willis
Human Resource Director
Re: Recommendation to Approve Employment Agreement for City Attorney
The City Attorney position serves at the will of the City Council. This terms of
employment for this position are established through a written employment agreement with the
City Council, which sets forth the salary and benefit/compensation package.
A copy of the Employment Agreement between the City Council and Teresa Highsmith,
as City Attorney, is attached for City Council approval. This Employment Agreement has been
prepared using the template previously approved by the City Council for the City Manager's
employment agreement, but with terms negotiated by City Council sub - committee.
BUDGET CONSIDERATION/FISCAL IMPACT
The attached Employment Agreement reflects a decrease in the total compensation
package for the City Attorney position.
RECOMMENDATION
Approve the Employment Agreement with Teresa Highsmith for the position of City
Attorney.
Attachment
Respectfully submitted:
Debra Kurita
City Manager
by: aren Willis
Human Resource Director
Report 4 -C
6 -6 -06
EMPLOYMENT AGREEMENT
This agreement is made by and between the CITY OF ALAMEDA (the
"City "), a charter city and municipal corporation, and TERESA L. HIGHSMITH
( "Highsmith ").
RECITALS
Whereas, the City desires to employ the services of Teresa L. Highsmith
as City Attorney of the City of Alameda; and
Whereas, Teresa L. Highsmith agrees to serve as the City Attorney of
Alameda; and
Whereas, the City Council and Highsmith desire to agree in writing to the
terms and conditions of Highsmith's employment as City Attorney.
NOW THEREFORE, in consideration of the mutual covenants herein
contained, the parties hereto agree as follows:
Introduction and Term
1. EMPLOYMENT The City hereby agrees to employ Highsmith subject
to the terms and conditions set forth below, and Highsmith accepts
such employment. During the term of the Agreement, City agrees to
pay Highsmith the compensation provided for in this Agreement.
2. TERM The initial term of this Agreement shall commence on June 1,
2006 and expire on May 31, 2009. As part of the Highsmith annual
performance review, the City Council may decide to extend the
contract term.
Duties and Professional Responsibilities
3. DUTIES Highsmith shall serve as the City Attorney of the City and
shall be vested with the powers, duties and responsibilities set forth in
the City Charter. In addition, Highsmith shall perform such other duties
as may be assigned by the City Council, and which are consistent with
the position of City Attorney, without additional compensation.
4. HOURS OF WORK Highsmith shall be an exempt employee (not
subject to overtime requirements under the FLSA) and is expected to
devote necessary time outside normal office hours to the business of
the City. Highsmith's schedule of work each day and week shall vary
in accordance with the work required to be performed. Highsmith shall
spend sufficient hours on site to perform Highsmith's duties; however,
Page 1 of 8
Highsmith shall be allowed flexibility in setting her own office hours
with the understanding that Highsmith's regular workweek shall be 5
days /40 hours per week.
5. OUTSIDE ACTIVITIES Highsmith may not spend more than 10 hours
per month in teaching, consulting, speaking, or other non -City business
for which compensation is paid without the express prior consent of the
City Council. In any event, such activities shall not be in conflict with,
or bring discredit upon, the City. Further, Highsmith shall regularly
update the Mayor and Council concerning such outside activities.
6. MEMBERSHIPS With notification to the Mayor and Council, the City
shall budget and pay for the professional dues and subscriptions of
Highsmith necessary for her continuation and full participation in such
programs that enhance Highsmith's standing and the City's reputation,
including national, regional, state and local associations and
organizations necessary and desirable for her continued professional
participation, growth and advancement, including, without limitation,
the State Bar of California.
7. PROFESSIONAL ACTIVITIES Highsmith agrees to devote her
complete productive time, ability and attention to the City's business
during the term of this agreement. Highsmith may, however,
undertake limited outside activities, including serving as an officer or
board member of City government organizations or other related
activities, provided that such activities do not in any way interfere with
or adversely effect her employment as City Attorney or the
performance of her duties provided herein, or otherwise bring discredit
upon the City. With notice to the Mayor and Council, the City shall
budget for and pay the reasonable travel and subsistence expenses of
Highsmith for professional official travel, meetings and occasions
adequate to continue her professional development and to adequately
pursue necessary official and other functions for the City and such
other national, regional, state and local government groups or
committees on which Highsmith may serve as a member. Highsmith
shall advise the Mayor and Council of professional activities
necessitating: out -of -state travel; or an unusual time commitment.
Base Compensation and Internal Adiustments
8. COMPENSATION PHILOSOPHY As a matter of City policy, the City
Council commits to ensuring that the position of City Attorney is
adequately compensated.
9. BASE SALARY Effective June 1, 2006, Highsmith shall receive an
annual base salary of $182,000 paid at the same intervals and in the
Page 2 of 8
same manner as other City employees. Thereafter, Highsmith's base
salary shall be increased by 2% on May 27, 2007 , and by 2% on May
25, 2008 .
10. DEFERRED COMPENSATION (Money Purchase Plan) The City
shall provide as additional compensation pursuant to Government
Code Section 53214 to Highsmith a minimum of 1% base salary
annually as additional deferred compensation pursuant to Section 401
of the Internal Revenue Code. Highsmith shall contribute 2% of total
earnings to the plan in accordance with the City's plan document.
Annual Review
11. EVALUATIONS The City Council shall engage in a review of
Highsmith's performance annually. Such reviews may be facilitated by
a professional mutually acceptable to the City and Highsmith. The City
Council and Highsmith shall establish such goals and performance
objectives which they determine necessary and appropriate for the City
Council's policy objectives. The City Council and Highsmith shall
further establish a relative priority among those various goals and
objectives. These goals and objectives shall be obtainable generally
within the time limits as specified in the operating and capital budgets
and appropriations provided.
Retirement, Health & Other Fringe Benefits
12. RETIREMENT The City contracts with the California Public
Employees' Retirement System for retirement benefits. Highsmith will
be covered by the City's "miscellaneous" (non - public safety) plan
during her employment. The City will pay the mandatory employer
contributions for this benefit; Highsmith will pay the employee
contributions in accordance with Section 414 (h) (2) of the Internal
Revenue Code.
13. VACATION Highsmith shall accrue, and may use, up to 25 days
(equivalent of 200 hours) of paid vacation annually. Vacation shall be
accrued bi- weekly. Highsmith may carry over accrued but unused
vacation time from one year to the next; provided, however, she may
not accrue vacation beyond a balance of 50 days /400 hours.' Upon
separation from the City, Highsmith, or, in the case of her death while
employed by the City, her heirs, shall be paid for all unused accrued
vacation allowances. At her discretion, and if permitted under the
City's existing contract with PERS, Highsmith may apply any unused
vacation leave time to service credit for retirement purposes.
1 As used in this section only, "day" means 8 hour working day, unless otherwise specified.
Page 3of8
Accumulated vacation balances shall be paid at Highsmith's salary rate
at the effective date of separation.
14. OTHER LEAVES Except as provided herein, Highsmith shall receive
the same paid holidays and leave time benefits as other City
Department Heads (except for public safety).
15. OTHER FRINGE BENEFITS Highsmith shall be provided disability
and dental benefits at the same levels that are provided to other City
Department Heads (except for public safety). The City contribution for
medical coverage shall be equal to 100% of the Kaiser premium for the
coverage level (employee, employee +1, family) selected. If Highsmith
elects not to enroll in one of the City sponsored medical plans, she will
receive a maximum cash payment of $230 per month in lieu of medical
coverage. The City shall pay such other mandatory employer costs
associated with Highsmith's employment including unemployment
compensation, workers' compensation and Medicare contributions.
16. LIFE INSURANCE The City shall provide term life insurance in the
amount of $100,000 with the premium to be paid by the City. In the
event Highsmith chooses to purchase a life insurance policy with a
greater and more costly benefit, the City shall contribute up to $500
annually toward the purchase of such a policy.
17. AUTO ALLOWANCE Highsmith shall receive $250 each month as an
automobile allowance. The allowance is in exchange for Highsmith
making available for her own use a personal automobile and for her
use of this personal automobile for City related business or functions
during, before and after normal work hours. Highsmith shall maintain
liability insurance at appropriate levels with respect to her personal
automobile, and she shall list the City as an "additional" insured on her
insurance policy. Highsmith is not precluded from occasionally using
City vehicles for City business during, before and after the normal
workday. A City vehicle will not be provided to Highsmith for her
exclusive use. Should the Council decline to permit Highsmith the use
of a City vehicle for longer trips (over 200 miles), Highsmith will also be
entitled to mileage reimbursement at standard rates for such trips
taken on City business.
Separation from Employment / Severance
18. RESIGNATION /RETIREMENT Highsmith agrees to give the City at
least forty -five (45) days written notice of the effective date of
Highsmith's resignation or retirement, unless the Parties otherwise
agree in writing.
Page 4 of 8
19. TERMINATION The City Council may terminate this Agreement at its
sole and absolute discretion, with or without cause. In the event the
City Council terminates this Agreement without "cause," (as cause is
defined in paragraph 21 of this Agreement), Highsmith will be paid full
salary and benefits for a period of at least six (6) months from receipt
of written notice of termination. The effective date of termination will
be at the end of the six -month period. In exchange for the payment by
City of full salary and benefits for a minimum of six (6) months after
receipt of written notice of termination, Highsmith agrees to cooperate
with an interim or appointed City Attorney to carry out the
responsibilities of the office as set forth in this Agreement until the
earlier of the time such services are no longer required, or the
expiration of the six -month period. If the City Council requests the
resignation of Highsmith, or does not either renew this Agreement nor
execute a new employment Agreement, then Highsmith may, at her
option, deem herself terminated without cause.
20. SEVERANCE In the event that Highsmith's services are terminated
without "cause," in addition to the six months notice provided pursuant
to paragraph 19 above, Highsmith shall be paid one month of full
salary and benefits for each year served of the three (3) year term of
this Agreement as severance, up to a maximum of three (3) months.
21. CAUSE In the event Highsmith is terminated for (1) continued abuse
of non - prescription drugs or alcohol that materially affects the
performance of her duties; (2) repeated and protracted unexcused
absences from the City Attorney's office; (3) conviction of a felony or
misdemeanor involving moral turpitude, City shall have no obligation to
continue the employment of Highsmith or pay any severance, salary,
or other benefits.
22. NOTICE The City Council will provide Highsmith with reasonable
notice prior to conducting a meeting for the purpose of considering
Highsmith's continued employment, and provide an opportunity for
face -to -face dialog, before terminating Highsmith's employment.
During any period of negotiation for terms of a new employment
Agreement, the terms of this Agreement shall remain effective until
either a new employment Agreement is approved by the City Council
or the City Council otherwise terminates Highsmith's services.
23. NO ACTION PERIOD During a period of ninety (90) days
immediately preceding or following the date of installation of any
person newly elected to the Council at a regular or special municipal
election or of any person newly appointed to the Council, the Council
shall take no action, whether immediate or prospective, to remove,
suspend, request the resignation of, or reduce the salary of Highsmith.
Page 5 of 8
If the City Council takes such action during this time period, Highsmith
may at her option, be deemed to be terminated by the City Council and
will receive six month's Base Compensation, and disability, health, and
dental benefits continued for six months, as a severance benefit.
Arbitration of Disputes
24. ARBITRATION OF DISPUTES Any controversy or claim arising out of
or relating to this Agreement or the breach thereof, or arising out of or
relating to Highsmith's employment or termination thereof, including
but not limited to claims of employment discrimination based on federal
and state law, which cannot be resolved among the parties
themselves, shall, on the written request of either party served on the
other within the applicable statute of limitations, be submitted and
resolved by final and binding arbitration in a manner consistent with the
Federal Arbitration Act, if applicable, or the California Code of Civil
Procedure (including CCP Section 1283.05). Service of the written
request shall be made only by certified mail, with a return receipt
requested. Time is of the essence; if the request is not served within a
one -year period for claims arising out of this Agreement, or within the
applicable statute of limitations for the alleged federal and state law
claims, the complaining party's claim(s) shall be forever waived and
barred before any and all forums, including, without limitation,
arbitration or judicial forums.
The Arbitrator shall have no authority to alter, amend, modify or
change any of the terms of this Agreement unless a provision
expressly conflicts with applicable federal or state laws. Any arbitrator
selected under this provision shall have the express authority to
consider statutory violations of federal and state law in addition to
disputes involving this Agreement. The decision of the Arbitrator shall
be final and binding and judgment therein may be entered in any court
having jurisdiction over the dispute.
The Arbitration shall be conducted under the National Rules ( "Rules ")
for the Resolution of Employment Disputes of the American Arbitration
Association ( "AAA ") current at the time of the dispute. In the event that
any of the above Rules are determined to be in conflict with federal or
state law, then the arbitrator shall have the authority to amend the
Rules accordingly. The City shall be responsible for paying all the
AAA's administrative and arbitrator's fees. In all other respects, the
parties shall bear their own attorneys' fees and costs except as
otherwise required by law. The parties shall have the right to conduct
discovery which provides them with access to documents and
witnesses that are essential to the dispute, as determined by the
Page 6 of 8
arbitrator. The arbitrator's written award shall include the essential
findings and conclusions upon which the award is based.
The parties intend that this arbitration procedure is mandatory and
shall be the exclusive means of resolving all disputes whether founded
in fact or law between Highsmith and the City and /or its employees,
elected officials, directors, agents, officers or managers arising out of
or relating to this Agreement, the parties' employment relationship
and /or the termination of that relationship, including, but not limited to,
any controversies or claims pertaining to wrongful or constructive
discharge, violations of the covenant of good faith and fair dealing,
implied contracts, public policies, anti - discrimination statutes or any
employment - related statutes. THE PARTIES EXPRESSLY WAIVE
ANY CONSTITUTIONAL OR STATUTORY RIGHT TO HAVE ANY
SUCH DISPUTE DECIDED IN A COURT OF LAW AND /OR BY A
JURY IN A COURT PROCEEDING.
Miscellaneous
25. NOTICES Notice pursuant to this Agreement shall be in writing
given by deposit in the custody of the United States Postal Service,
postage prepaid, and addressed as follows:
TO CITY:
TO HIGHSMITH:
Mayor and Council
City of Alameda
City Hall
Alameda, CA 94501
Teresa L. Highsmith
City of Alameda
City Hall
Alameda, CA 94501
26. REIMBURSEMENT Highsmith will receive reimbursement for all
sums necessarily and reasonably incurred and paid by her in the
performance of her duties. Highsmith shall submit a claim form to the
City in the form and manner required by the City municipal code or
practices.
27. BONDS /LEGAL FEES The City shall bear the full cost of any fidelity
or other bonds required of Highsmith under any applicable law or
ordinance. In the event of any legal action between the parties hereto
to enforce the provisions of this Agreement, the prevailing party shall
be entitled to reasonable attorneys' fees and costs; provided that,
recoverable attorneys' fees and costs shall not exceed the amount in
controversy or $50,000, whichever is lower.
Page 7 of 8
28. INDEMNIFICATION Consistent with the provisions of the California
Government Code, the City agrees to defend, hold harmless, and
indemnify Highsmith against any claims, demands or legal actions,
whether groundless or otherwise, arising out of an alleged act or
omission occurring within the scope and during the course of
Highsmith's employment with the City, including, without limitation,
claims arising out of personnel actions taken by her, subject to
Highsmith cooperating in good faith with the City with respect to
defense of such claims, demands, or legal actions.
29. SEVERABILITY In the event that any provision of this Agreement is
finally held or determined to be illegal or void by a court having
jurisdiction over the parties, the remainder of the Agreement shall
remain in full force and effect unless the parts found to be void are
wholly inseparable from the remaining portion of the Agreement.
30. PARITY IN CONSTRUING AGREEMENT Each party has had the
opportunity to participate in drafting the Agreement. Any terms,
conditions or provisions of the Agreement shall not be construed
against one party and in favor of another by virtue of who actually
drafted or circulated the Agreement.
31. SOLE AGREEMENT The parties acknowledge that this Agreement
constitutes the sole and entire agreement of the parties in this matter,
and that any modifications may only be effected by a writing signed by
all affected parties. The parties agree that there are no
representations, agreements, arrangements or understandings, either
written or oral, between or among the parties relating to the subject
matter of this Agreement, which are not fully expressed herein.
City of Alameda Teresa L. Highsmith
Lilt/ / tee`
r
Date: Date:
Approved as to Form:
Page 8 of 8
CITY OF ALAMEDA
MEMORANDUM
DATE: June 6, 2006
TO: Honorable Mayor and
Councilmembers
FROM: Debra Kurita
City Manager
RE: Recommendation to Award Contracts in the Amount of $979,847.26 for
Furnishings in the New Main Library
BACKGROUND
On December 2, 2002, the City was awarded a State Library Grant for $15,487,952 for the
construction of a new main library. Alameda voters previously approved Measure 0 which
authorized the sale of Bonds in the amount of $10,600,000, to provide the matching funds for the
project and improvements to the Branch Libraries. Construction of the new Main Library began
on March 14, 2005. On March 21, 2006, the City Council approved the call for bids for the
Furnishings, Fixtures, and Equipment (FF &E). The project is currently on time, within budget,
and nearing completion, with the scheduled grand opening on November 2, 2006.
DISCUSSIONS /ANALYSIS
Project Interior Designer, Beverly Moris, of Page & Moris, in collaboration with the Library
Building Team and the Library Staff, designed, selected and completed the specifications for the
Library furnishings. Three groupings of furnishings: Office Systems Furniture (two packages),
Standard Furniture, and Custom Furniture went out to bid at the same time. All four contracts
are on file in the City Clerk's Office.
Upon recommendation of the Interior Designer, the Office Systems Furniture packages were bid
through the U.S. Communities program. U.S. Communities is a nationwide strategic sourcing
program designed by public purchasing professionals for use by government agencies and
public - benefit non - profits throughout the country. Local city and county vendors are also
included in the U.S. Communities program. Participating agencies receive one bid from
representative vendors based on the selected manufacturer in the Request for Proposal (RFP).
Two RFPs were released through U.S. Communities, two bids were received.
To solicit the maximum number of bids and the most competitive price, specifications were
provided to six prospective vendors for the Standard Furniture RFP and three vendors submitted
bids. Specifications were provided to four prospective vendors for the Custom Furniture RFP
and four vendors submitted bids. In addition, a notice of bid was published in the Alameda
Journal.
Report 4 -D
6 -6 -06
Honorable Mayor and Councilmembers
June 6, 2006
Bids were opened on April 21, 2006. The total of all bids came in significantly under the
estimated budget. As these contracts involve substantial State funding, the Alameda Local
Preference Program does not apply. The lists of bidders from lowest to highest for total project
cost are as follows:
Page 2
Standard Furniture Package 12000
Bidder
Location
Bid Amount
Resource and Design, Inc.
San Francisco, CA
$464,244.15
One Work Place
Alameda, CA
$480,126.68
Concept Offices
Oakland, CA
$486,851.16
Custom Furniture Package 12003
Bidder
Location
Bid Amount
Dependable Furniture Manufacturing, Inc.
San Leandro, CA
$328,806.90
The Worden Company
Holland, MI
$406,001.83
Fetzer's Architectural Woodwork
Salt Lake City, UT
$421,025.00
Wood Tech, Inc.
Oakland, CA
$627,129.00
U.S. Communities Knoll, Package 12001 - Office Systems Furniture Package I
Bidder
Location
Bid Amount
Axiom II
Fremont, CA
$81,311.02
U.S. Communities Steelcase, Package 12002 - Office Systems Furniture Package II
Bidder
Location
Bid Amount
One Work Place
Alameda, CA
$105,485.19
MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE
This action does not affect the Alameda Municipal Code.
BUDGET CONSIDERATION /FINANCIAL IMPACT
Estimated cost for the Furnishings package is $979,847.26 which will include all parts, tax,
delivery, installation and a 15% contingency. The purchase will be drawn from the reserved fund
for the New Main Library Construction Project Fund 317.
Honorable Mayor and Councilmembers Page 3
June 6, 2006
RECOMMENDATION
Award the following four contracts for the Alameda Free Library, New Main Library
Furnishings:
• Award the contract in the amount of $464,244.15 to Resource and Design, Inc. for
the Custom Furniture Package 12003.
• Award the contract in the amount of $328,806.90 to Dependable Furniture
Manufacturing, Inc. for the Standard Furniture Package 12000.
• Award the contract in the amount of $81,311.02 to Axiom II for the U.S.
Communities Knoll Package 12001, for Office Systems Furniture Package I.
• Award the contract in the amount of $105,485.19 to One Work Place for the U.S.
Communities Steelcase Package 12002, for Office Systems Furniture Package II.
Respectfully submitted,
ane Chisaki
Acting Library Director
A-L -
CITY OF ALAMEDA
MEMORANDUM
Date: June 6, 2006
To: Honorable Mayor and
Councilmembers
From: Debra Kurita
City Manager
Re: Recommendation to Award Contract in the Amount of $2,968,704, Including Contingencies,
to Gallagher & Burk for Repair and Resurfacing of Certain Streets, Phase 26, No. P.W. 03-
06-08
BACKGROUND
On April 18, 2006, the City Council adopted plans and specifications and authorized a call for bids
for the Repair and Resurfacing of Certain Streets, Phase 26, No. P.W. 03- 06 -08. The project consists
of reconstruction of pavement failure areas, overlay with asphalt concrete (AC) or rubberized asphalt
concrete (RAC), slurry seal treatment, minor reconstruction of spot locations and associated striping
and pavement markings.
DISCUSSION
To solicit the maximum number of bids and the most competitive price, specifications were provided
to 18 separate building exchanges throughout the Bay Area. In addition, a notice of bid was
published in the Alameda Journal. Bids were opened on May 18, 2006.
Bidders from lowest to highest for total project cost is as follows:
Bidder
Location
Bid Amount
Gallagher & Burk
Oakland, CA
$2,474,920
Top Grade Construction
Livermore, CA
$2,527,792.50
Ghilotti Brothers, Inc.
San Rafael, CA
$3,317,847
Staff recommends that the contract be awarded to Gallagher & Burk for a price of $2,968,704,
including a 20% contingency. Based on the competitive price, staff recommends a higher
contingency amount to resurface additional streets through this contract. Council has appropriated
sufficient funds to allow for the higher contingency. A copy of the contract is on file in the City
Clerk's Office.
Report 4 -E
6 -6 -06
Honorable Mayor and
Councilmembers
ENVIRONMENTAL COMPLIANCE
Page 2
June 6, 2006
Street maintenance activities are categorically exempt under the California Environmental Quality
Act of 1970 (CEQA), Section 15301(c).
BUDGET CONSIDERATION/FINANCIAL ANALYSIS
The project is budgeted as CIP# 82 -01 with approved allocations from Measure B, Gas Tax and
Proposition 42 funds. In addition, on December 6, 2005, Council appropriated additional monies
from the General Fund reserves for this project.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action does not affect the Municipal Code.
RECOMMENDATION
Award contract in the amount of $2,968,704, including contingencies, to Gallagher & Burk for the
Repair and Resurfacing of Certain Streets, Phase 26, No. P.W. 03- 06 -08.
Respec, submitted,
Matthew T. Naclerio
Public Works Director
Prepared by,
—T_AlceAti5—kkjek>4)
Barbara Hawkins -
City Engineer
MTN:BH:gc
cc: Measure B Watchdog Committee
G:\pubworks\pwadmin\COUNCIL\2006\060606\resurfacing26.doc
CITY OF ALAMEDA
MEMORANDUM
Date: June 6, 2006
To: Honorable Mayor and
Councilmembers
From: Debra Kurita
City Manager
Re: Authorizing the Execution of Landscape Maintenance Management Contract for the City
of Alameda Island City Landscaping and Lighting District 84 -2 - Marina Village
BACKGROUND
The Marina Village development is Zone 6 of the City of Alameda Island City Landscaping and
Lighting District 84 -2. The developers of Marina Village requested annexation into the 84 -2
Assessment District when the project was first constructed to provide enhanced maintenance of
the public landscaping improvements.
DISCUSSION
The Marina Village development was designed to maximize the amount of landscaping within
the project. To accomplish this, the private and public landscaping areas were placed contiguous
to each other. Marina Village Commercial Association currently performs management services
for the private landscaped areas within the business park. To provide cost effective management
of the public landscaped improvements, staff recommends using the same management agency.
In addition, the City's Purchasing Policy provides that for Assessment Districts: "[a]ll other
factors being equal, the desires of major property owners guaranteeing the consultant's fee
should be given strong consideration in the employment of the consultant." Legacy Partners
Commercial, Inc., the major property owner of the Marina Village Business Park, favors having
Marina Village Commercial Association as the contractor for this Landscape Maintenance
Management contract. A copy of the proposed contract is on file with the City Clerk.
ENVIRONMENTAL COMPLIANCE
The proposed action is exempt from CEQA requirements.
BUDGET CONSIDERATION/FINANCIAL ANALYSIS
The cost of landscape maintenance and management oversight is borne by the property owners
within the Assessment District. There is no impact to the General Fund.
Report 4 -F
6 -6 -06
Honorable Mayor and
Councilmembers
Page 2
June 6, 2006
MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE
This action does not affect the Municipal Code, nor any established policy documents.
RECOMMENDATION
Authorize the City Manager to execute a Landscape Maintenance Management contract for the
City of Alameda Island City Landscaping and Lighting District 84 -2, Marina Village.
Respectful submitted,
Matthew T. Naclerio
Public Works Director
Prepared by,
...1/) ��� �,CDZ�/te 17 • 11? elm
Margaret A. McLean 9 e-
Public Works Coordina or
MTN:MM:gc
Attachment
G : \pubworks \pwadmin \COUNCIL\2006 \060606 \marinavi llage. doc
LANDSCAPE MAINTENANCE MANAGEMENT CONTRACT
FOR
THE CITY OF ALAMEDA ISLAND CITY LANDSCAPING AND
LIGHTING DISTRICT 84 -2 - MARINA VILLAGE
This Landscape Maintenance Management Contract for the City of Alameda Island City
Landscaping and Lighting District 84 -2 - Marina Village (hereinafter "Landscape Management
Contract ") is entered into effective , 2006, by and between the City of Alameda, a
California Municipal Corporation (hereinafter "City "), and Marina Village Commercial Association,
a California non - profit mutual benefit corporation (hereinafter "Contractor ").
RECITALS
This Landscape Maintenance Management Contract is entered into based upon the following
facts, circumstances, and understandings:
A. City has the authority and direction from its City Council to enter into a contract with
Contractor for performing landscape maintenance management services for the Island City
Landscaping and Lighting District 84 -2, Zone 6 (hereinafter "District ").
B. Contractor has performed landscape maintenance management services for the
District under prior agreements with the City since the formation of the District in 1986, utilizing its
own forces and managing specialist sub - contractors.
C. City's currently adopted Purchasing Policy provides in section V.3 thereof that the
Assessment District contractors: "All other factors being equal, the desires of the major property
owners guaranteeing the consultant's fee should be given strong consideration in the employment of
the consultant." The major property owners in the District, who comprise the major sources of
District's funding which pays the contractor's fee, desire that the Marina Village Commercial
Association be employed as the Contractor for this Landscaping Maintenance Management Contract.
The majority property owners in the District have already made substantial investments in the design
and installation of attractive landscaping, entry features, public walkways, public art, parks, roads,
and sidewalks on the expectation that said improvements would be maintained at the high level of
attractiveness appropriate for a first -class mixed use residential, retail and business and research park
and marinas, and said major property owners are confident that Contractor's proven record in
maintaining and managing said improvements at said high level of attractiveness would protect and
enhance their prior and ongoing investments in said improvements during the term of this
Landscaping Maintenance Management Contract.
D. City desires Contractor to perform landscape maintenance management services for
the District for the term of this Landscape and Maintenance Management Agreement, and Contractor
desires to perform said landscape maintenance management services on the terms and conditions
hereof.
—1—
NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto as follows:
1. Areas for Performance of Work. Contractor shall manage the performance of
landscape maintenance services in the areas located in the Marina Village Project and shown on the
map attached hereto as Exhibit "A" and incorporated herein by reference. Single copies of the
oversized and color -coded map marked as "Marina Village Parcelization Map" and dated as of April
3, 2006 (the "Map" hereinafter) are held in the files of the parties hereto, and a reduced size, non
color -coded copy of the Map appears as Exhibit "A" attached hereto.
2. Services to Be Performed.
A. Supervision and Administration. Contractor shall perform supervision of all
landscaping and hardscape maintenance work performed under this Contract, including quality
control of the work performed by outside subcontractors and by its own labor forces, and monitor the
timekeeping of its own administrative personnel and landscaping workers for services performed
under this Landscape Maintenance Contract. Further, Contractor shall be responsible for
management and administration of the work performed and funds expended under this Landscaping
Maintenance Contract, including ordering and keeping track of all materials, supplies and equipment
used hereunder, keeping financial books and records related to costs and payments for work
performed and materials used hereunder, administering any agreements with subcontractors or
suppliers hereunder, documenting all items of overscope work as described in Section 2.B.2. herein,
and providing insurance documentation and reports required by City.
B. Landscape Maintenance Services.
1. Scope of Work. Contractor shall be responsible for furnishing or
obtaining all labor, materials and equipment necessary for providing the landscape maintenance
services as detailed in Exhibit "B" attached hereto and incorporated herein by reference. Said
Exhibit "B" shall define the scope of work for this Landscape Maintenance Contract.
2. Overscope Items. Changes to the scope of services shall be made only
in writing, which shall expressly describe such changes, and approved by the City. Changes to the
scope of services which involve expanded areas of work or require additional personnel or special
equipment shall be reflected in adjustments to the compensation due Contractor according to the
provisions of Paragraph 5 hereof. From time to time, City may be required to perform Overscope
work on behalf of the District. Any costs born by the City for this work will be reimbursed directly
from District funds on deposit with the City. Contractor will not be responsible for processing these
invoices. Examples of Overscope items are included in Exhibit "B."
3. It is not part of the Scope of Work that the Contractor be responsible
for determining the condition of the public streets and sidewalks.
C. Authorization to Use Own Forces. In acknowledgment of the efficiencies and
quality control that can be achieved by having an in -house trained and supervised work crew on -site
—2—
at all times, City hereby agrees that Contractor shall have the right and authorization necessary to
perform any or all of the above services for the District using its own personnel when appropriate in
its sole discretion, provided that Contractor complies with the bid procedures described in Section
2.E. herein.
D. Authorization to Use Outside Sub - Contractors. Contractor is hereby
authorized to use outside subcontractors to perform services as appropriate, provided that Contractor
shall be solely responsible for their supervision and payment, that all said subcontractors doing work
within the City limits will be required by Contractor to obtain a City of Alameda business license
allowing them to do business in the City of Alameda, that said subcontractors shall be required by
Contractor to provide City with appropriate insurance coverages pursuant to Paragraph 12.B. herein
and to comply with all other applicable terms and conditions of this Landscape Maintenance
Contract, and that Contractor complies with the bid procedures described in Section 2.E. herein.
E. Bid Procedures. In recognition that public funds are used in paying for the
costs of work furnished under this Landscaping Maintenance Contract, Contractor agrees that it shall
comply with the bid procedures in City's currently adopted Purchasing Policy, upon renewal of the
existing subcontracts. For sub - contracts in an amount over $75,000.00 per year, the City's formal
bidding process shall be utilized, and the City shall supervise the noticing of requests for bids, the
qualification of bidders, and the selection of the lowest qualified bid. For sub - contracts in an amount
less than $75,000.00 per year, informal bids shall be utilized, with documentation thereof furnished
to City, which demonstrate that the lowest qualified bidder has been selected. If Contractor desires
to use its own forces for landscaping labor and as long as the total annual compensation therefore is
less than $75,000.00 per year, Contractor shall be required to utilize the City's informal bid process
to demonstrate that the compensation rate is less or comparable to that bid by other qualified persons
or entities for the same work.
3. Term. Subject to and upon the terms and conditions set forth herein, this Landscape
Maintenance Contract shall commence on May 15, 2006 and shall continue in full force and effect
until December 31, 2008, with two automatic 2 year renewal terms unless a notice to terminate is
provided by either party 90 days prior to the contract term in effect unless earlier terminated or
extended by the parties hereto, except that the indemnification provisions hereof shall survive the
end of the term of this Landscape Maintenance Contract.
4. Termination. Neither party may terminate this Landscape Maintenance Contract prior
to the end of the term thereof unless the other party defaults in its performance required hereunder
and fails to cure said default within the following time periods: (a) for defaults threatening health and
safety or comprising a public nuisance, immediately upon delivery of written notice thereof; and for
all other defaults, within thirty (30) days after delivery of written notice of said default. Upon
termination, the obligations of City and Contractor shall cease as of thirty (30) days after the other's
receipt of written notice of termination, except that the indemnification provisions hereof shall
survive the termination of this Landscape Maintenance Contract.
5. Compensation. In consideration of the full and faithful performance of the covenants
— 3 —
and agreements on the part of Contractor to be kept and performed and of the satisfactory
performance and completion of the work contemplated and embraced in this Landscape Maintenance
Contract and in recognition that Contractor will be paying the monthly costs of sub - contractors,
Contractor shall receive compensation determined as follows:
A. City Fiscal Year Ending June 30, 2006. For this time period, Contractor shall
be paid an amount equal to the sub - contractors' compensation for the regular scope of work set forth
in Exhibit "B" plus a management fee equal to six percent (6 %) of such compensation. For services
outside the regular scope of work ( "Overscope Work "), including but not limited to, costs of tree
shaping and pruning, responding to damaged landscaping and hardscape, vandalism, and parts and
equipment in the irrigation system, Contractor shall be paid an amount equal to the amount due to
sub - contractors plus a management fee equal to six percent (6 %) of such compensation.
1. All purchases of materials or sub - contractor services with a cost of over
Five Thousand Dollars ($5,000.00) shall be approved by City prior to purchase, and any special
services shall be approved by City by written authorization prior to commencement of work. In the
event of an emergency situation, where a delay in action to obtain advance approval would create a
hazard to the general public or loss of property, Contractor will initiate the emergency repairs and
notify the City on the first working day following the incident.
B. City Fiscal Years Thereafter. City and Contractor shall agree upon an Annual
Operating Budget for the services performed hereunder for each Fiscal Year beginning with the
Fiscal Year commencing July 1, 2006, by April 1 in advance of said year. Such Budget shall based
upon City costs for utilities and any amounts payable to sub - contractors under continuing
subcontracts and upon the amounts payable under any subcontracts let for the performance of the
services in accordance with the requirements of this Contract, together with a management fee equal
to six percent (6 %) of the amount payable under all of such subcontracts.
C. Invoicing and Payment Schedule. Contractor shall invoice the City monthly,
including appropriate documentation of work performed and reimbursement for special service and
costs advanced on behalf of City, and payment shall be due within thirty (30) days of presentation to
City by Contractor for said compensation and reimbursements. Payments due Contractor hereunder
shall be made in the same manner that claims of a like character are paid by the City, and moneys to
cover checks issued to make said payments shall be shall be taken only from the funds of the City of
Alameda Island City Landscaping and Lighting District 84 -2 which are held and managed by City. If
utilization of the biding procedures described in Section 2.E. or changes in the scheduled additions of
work areas to the scope of work should result in variances from the monthly payment schedule
anticipated at the commencement of each year hereunder, the payment schedule shall be adjusted on
a quarterly basis.
Contractor will pay the monthly costs to sub - contractors directly, and City will
reimburse Contractor' s monthly costs provided that Contractor and sub - contractors comply with the
terms of this Landscape Maintenance Contract and that costs do not exceed those permitted under
this Contract, unless prior authorization was obtained.
—4—
D. Funding Limitations. Payments to Contractor under this contract are limited to
funds colleted by the District. Adjustments to the District's annual assessment billed to property
owners within the Marina Village Project may be made annually by the City, but any increases in the
annual assessment in an amount greater than the current year's CPI will require a majority vote of the
owners who will be required to pay the increased assessment.
6. Designated Representatives. City and Contractor shall each designate in writing a
principal representative for coordination of services performed hereunder. Contractor shall have a
supervisor reasonably available to supervise Contractor's staff performing services hereunder.
7. Guarantees and Warranties. Contractor warrants that all work performed under this
Landscape Maintenance Contract shall be performed in a professional and workmanlike manner
commensurate with industry standards in the community and that all services shall be performed by
experienced and qualified personnel who are not employed by the City. In performing the agreed -
upon services hereunder, Contractor in no way warrants or guarantees that landscaping on the
properties receiving maintenance services hereunder, including trees, lawn, and other plantings, will
remain healthy and of robust appearance, or that said areas will be free from vandalism or litter.
Contractor, however, agrees to use its best efforts to prevent such difficulties.
8. Indemnification/Hold Harmless. Contractor shall indemnify, defend, and hold
harmless City, its City Council, boards, commissions, officials, and employees ( "Indemnitees ") from
and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever,
including reasonable attorneys' fees ( "Claims "), arising from or in any manner connected to
Contractor' s or it's subcontractors negligence or omission, whether alleged or actual, regarding
performance of services or work conducted or performed pursuant to the Contract. If claims are filed
against Indemnitees, which allege negligence on behalf of the Contractor or its subcontractors,
Contractor shall have no right of reimbursement against Indemnitees for the costs of defense even if
negligence is not found on the part of Contractor or its subcontractors. However, Contractor shall
not be obligated to indemnify an Indemnitees from Claims arising from the sole or active negligence
or willful misconduct of the Indemnitees.
9. Independent Contractor. City and Contractor intend that the relation between them
created by this Landscape Maintenance Contract is that of employer — independent contractor.
Contractor, including its employees and/or subcontractors, in performing landscape maintenance
services hereunder, is an independent contractor, and under no conditions are persons doing work
hereunder to be considered as employees of City. The manner and means of conducting the work are
under the control of Contractor, except to the extent that they are limited by statute, rule or regulation
and the express terms of this Landscape Maintenance Contract. No civil service status or other right
of employment will be acquired by virtue of Contractor's services. None of the benefits provided by
City to its employees, including but not limited to unemployment insurances, workers' compensation
plans, vacation and sick leave, are available from City to Contractor, its employees or agents.
Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or
other purposes normally associated with an employer- employee relationship from any fees due
Contractor. Payments of the above items, if required, are the responsibility of Contractor, and
—5—
Contractor shall indemnify and hold City harmless from and against any loss, damage, liability, costs
or expenses arising therefrom.
10. IRCA. Contractor assumes full responsibility for verifying the identity and
employment authorization of all of its employees performing work hereunder in compliance with the
Immigration Reform and Control Act of 1986 and rules and regulations promulgated in connection
therewith (hereinafter "IRCA "). Contractor shall indemnify and hold City harmless from and
against any loss, damage, liability, costs or expenses arising from any noncompliance of Contractor
with the provisions of IRCA.
11. Assignment. Contractor shall not assign, sublease, hypothecate, or transfer this
Landscape Maintenance Contract or any interest therein directly or indirectly, by operation of law or
otherwise, without the prior written consent of City, which consent shall not be unreasonably
withheld. Any attempt to assign, sublease, hypothecate, or transfer this Landscape Maintenance
Contract or any interest therein without City's consent shall be null and void, and any assignee,
sublessee, hypothecate or transferee shall acquire no right or interest therein by reason of such
attempted assignment, hypothecation or transfer. Any expenses incurred by City in reviewing the
documentation of a proposed assignment, sublease, hypothecation, or transfer hereunder shall be
reimbursed to City by the respective assignee, sublessee, hypothecate, or transferee.
Notwithstanding the foregoing, upon notice to City, Contractor may assigned its interest in this
Contract to Marina Village Commercial Association, a California non - profit mutual benefit
corporation, whereupon Alameda Real estate Investments, the initial Contractor under this Contract,
shall not accrue any further obligations or liabilities under this Contract.
12. Insurance.
A. Coverage to be Maintained by Contractor.
Contractor shall maintain the following insurance coverages at all times during the term of this
Landscape Maintenance Contract and for a reasonable time thereafter with an insurance company
that is at a rating of A- or better by A.M. Best & Company, and licensed to do insurance business in
the State of California.
(1) Workers' Compensation and Employer's Liability Insurance:
Contractor shall procure and maintain during the life of this Landscape Maintenance Contract a
policy or policies of Workers' Compensation Insurance in conformance with the laws of the State of
California and with the laws of the United States, and Employers' Liability Insurance with a
minimum coverage of One Million Dollars ($1,000,000.00), and any and all other coverage of
Contractor's employees as required by law; and
(2) Commercial General Liability Insurance: Contractor shall procure and
maintain during the life of this Landscape Maintenance Contract a policy or policies of Commercial
General Liability Insurance for bodily injury and property damage liability, covering all of the
operations of Contractor and Contractor's employees, directors, officers, and agents and
subcontractors performing landscape maintenance services for the District, in an amount not less
—6—
than One Million Dollars ($1,000,000.00) combined single limit.
B. Coverage to be Maintained by Subcontractors. During the pendency of this
Landscape Maintenance Contract, Contractor shall require as a condition of any subcontracting
agreement with any person or entity for the performance of work hereunder that the respective
subcontractor shall maintain in full force and effect during the life of the respective subcontracting
agreement the following: Commercial liability insurance with a minimum coverage of One Million
Dollars ($1,000,000.00); and Workers' Compensation Insurance in conformance with the laws of the
State of California and with the laws of the United States, and Employers' Liability Insurance with a
minimum coverage of One Million Dollars ($1,000,000.00). No subcontract work shall commence
until the required insurance coverage has been obtained by the subcontractor and verified by
Contractor. Contractor shall then immediately notify the City, in writing, of the types and amounts
of such insurance.
C. Additional Insureds. Contractor and any subcontractors hereunder shall obtain
an endorsement naming the City, its Council, Boards, and Commissions, officers, and employees as
additional insureds under all insurance coverages, except Workers' Compensation, required by this
Landscape Maintenance Contract. An additional insured named herein shall not be held liable for
any premium, deductible portion of any loss, or expense of any nature on such policy or any
extension thereof. Any other insurance held by an additional insured, including self - insurance, shall
not be required to contribute anything toward any loss or expense covered by the insurance provided
by such policy.
D. Subrogation Waiver; Primary Coverage. Contractor agrees that in the event of
loss due to any of the perils for which it has agreed to provide commercial general and automotive
liability insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby
grants to City, on behalf of any insurer providing commercial general and automotive liability
insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of
any right to subrogation which any such insurer of said Contractor may acquire against City by virtue
of the payment of any loss under such insurance.
E. Certificate of Insurance. On or before the commencement of the terms of this
Agreement, Contractor shall furnish City with certificates showing the type, amount, effective dates
and dates of expiration of insurance coverage in compliance with paragraph 12. Such certificates,
which do not limit Contractor's indemnification, shall also contain substantially the following
statement: "Should any of the above insurance covered by this certificate be canceled or coverage
reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30)
days' advance written notice to the City of Alameda by certified mail, "Attention: Risk Manager."
Endorsements naming the City as additional insured shall be submitted with the insurance
certificates.
F. Failure to Secure. If Contractor at any time during the term hereof should fail
to secure or maintain the foregoing insurance, after ten days notice City shall be permitted to obtain
such insurance in the Contractor's name or as an agent of the Contractor and shall be compensated by
—7—
the Contractor for the costs of the insurance premiums at the maximum rate permitted by law and
computed from the date written notice is received that the premiums have not been paid.
13. Permits, Licenses and Certificates. Contractor, at its sole expense with respect to
City, shall obtain and maintain during the term of this Landscape Maintenance Contract all
appropriate permits, licenses and certificates that may be required in connection with the
performance of services hereunder, including City's business license. Contractor shall require all
sub - contractors performing work under this Landscape Maintenance Contract to comply with the
terms of this provision, and Contractor shall file with the City copies of current City's business
licenses for all sub - contractors.
14. Compliance with Applicable Laws and Regulations. Contractor shall comply with all
laws, state or federal, and all ordinances, rules and regulations enacted or issued by City applicable to
this Landscape Maintenance Contract.
15. Notices Notices given pursuant to this Landscape Maintenance Contract shall be in
writing and shall be deemed duly served and given when personally delivered to the party to whom it
is directed, or in lieu of such personal service, when deposited in the United States mail, first class,
postage prepaid, and addressed as follows:
City:
Contractor:
City Manager
City of Alameda City Hall
2263 Santa Clara Avenue
Alameda, California 94501
Marina Village Commercial Association
1150 Marina Village Parkway, Suite 100
Alameda, California 94501
Attention: Association Secretary
16. Enforceability. If any term or provision of this Landscape Maintenance Contract, or
the application thereof to any person or circumstance shall, to any extent, be in contravention of law
or declared void as against public policy, the remainder of this Landscape Maintenance Contract, or
the application of such term or provision to persons or circumstances other than those as to which it
is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this
Landscape Maintenance Contract shall be valid and be enforced to the fullest extent permitted by
law.
17. Governing Law. This Landscape Maintenance Contract shall be governed by, and
construed in accordance with, the laws of the State of California.
18. Entire Agreement; Amendment. This Landscape Maintenance Contract supersedes
any prior agreement or verbal or written understanding between Contractor and City with respect to
providing landscape maintenance services for the District for the term covered by this Agreement
—8—
and constitutes, with respect to the District, the entire understanding between the parties, excluding
the prior arrangements and agreements regarding funding for these landscape maintenance services.
This Landscape Maintenance Contract may not be changed or amended except by an instrument in
writing signed by duly authorized representatives of the parties.
19. Both parties recognize that reimbursement to Contractor for management services
will need to be retroactive to February 14, 2006, when Contractor assumed responsibility from
Alameda Real Estate Investments.
IN WITNESS WHEREOF, City and Contractor have executed this Landscape Maintenance
Contract consisting of nine (9) pages and Exhibits "A" and `B."
MARINA VILLAGE COMMERCIAL CITY OF ALAMEDA
ASSOCIATION, a California Municipal Corporation
A California non - profit mutual benefit corporation
By:
Steve Haver, Association Secretary
By:
Debra Kurita, City Manager
RECOMM ED FOR APPROVAL:
APPROVED AS TO FORM:
Exclusions from Contractor Responsibilities:
• Asphalt, Sidewalk, Roadway Repairs and Replacement
• Asphalt striping and safety appurtenances & devices
• Signage and traffic lighting installation and repair
• Street and sidewalk safety design
EXHIBIT B
Marina Village Business Park - LLD
Location:
Public Right of Way as outlined on Exhibit A:
Marina Village Parkway
Atlantic Avenue
Independence Drive
Public Facilities as outlined on Exhibit A:
Challenger Drive
Triumph Drive
Linear Park, Public Access Pathways
Public Bathrooms
Scope of Work:
Included in Monthly Contract:
• Maintenance of lawns: mowing, edging, fertilization, weeding, aerating and dethatching.
• Blowing and clean -up of hardscape including pathways and curbs.
• Maintenance of perennials and annuals, including seasonal replacement
• Maintenance of shrubs and groundcovers: weeding, pruning, fertilization and insect control.
• Tree care including removal of excess growth and routine pruning.
• Irrigation: monitoring, adjustingment, repair and replacement of broken irrigation lines and
sprinkler heads.
• Daily removal of all trash, debris and graffiti.
• Maintenance of all signage and flags, including repair and replacement.
• Management of sub - contractors
• Janitorial Services (bathrooms)
One Time or Special Project Expenses, Excluded from Monthly Contract (Overscope):
• Major renovation of lawn.
• Pruning and shaping of trees above 12 feet in height
• Tree removal and replacement
• Repairs to vandalized irrigation, landscape and hardscape
• Major irrigation repairs (broken main lines or under hardscape) and retrofitting.
• Repairs, removals and replacements required due to acts of God, including earthquake,
fire, flooding or frost.
• Hardscape repairs.
• Major renovations of shrub areas.
Exhibit B, page 2
—10—
CITY OF ALAMEDA
MEMORANDUM
Date: June 6, 2006
To: Honorable Mayor and
Councilmembers
From: Debra Kurita
City Manager
Re: Recommendation to Appropriate $155,300 in Urban Runoff Funds and Award a Contract in
the Amount of $643,779, Including Contingencies, to Ghilotti Brothers for the Fernside
Boulevard Pedestrian Access Improvements Near Lincoln Middle School (Safe Routes to
School), No. P.W. 11 -02 -1
BACKGROUND
On May 3, 2006, the City Council rejected bids, adopted amended plans and specifications and
authorized a call for bids for the Fernside Boulevard Pedestrian Access Improvements Near Lincoln
Middle School, No. P.W. 11- 02 -15. The original bids were rejected due to changes in Caltrans'
Disadvantaged Business Enterprise (DBE) requirements. Since that time, staff has been in direct
contact with Caltrans regarding the DBE requirements, amended the specifications to be consistent
with the new DBE requirements, and received Caltrans' authorization to award the contract.
The project, which is funded in part through a Safe Routes to School Program grant for $331,663,
will improve pedestrian and bicycle access in the vicinity of Lincoln Middle School. The design
replaces the existing flexible orange traffic delineators that reduce the street width from two lanes to
one lane in each direction with 3%2 to 6 -foot wide landscaped planters of various lengths. The
planters will be 18- inches from, and approximately 4- inches higher than the existing curb to allow
for adequate grades and drainage. Monolithic curb extensions will not be constructed. In addition,
the project will include: 1) installation of in- pavement crosswalk lights at the school crosswalk
across Fernside Boulevard at San Jose Avenue, 2) provision of bike lanes from Encinal Avenue to
Washington Street, 3) elimination of the existing free right turn and concrete median and relocate the
traffic signal and joint utility pole at the southwest corner of the Fernside Boulevard/Encinal Avenue
intersection to allow for U -turns from Fernside Boulevard, and 4) resurfacing of Fernside Boulevard
from Encinal Avenue to Washington Street.
DISCUSSION
To solicit the maximum number of bids and the most competitive price, specifications were provided
to 18 separate building exchanges throughout the Bay Area. In addition, a notice of bid was
published in the Alameda Journal. The City also provided complementary copies of the updated
plans and specifications to the four original bidders. Bids were opened on May 16, 2006.
Report 4 -G
6 -6 -06
Honorable Mayor and
Councilmembers
Bidders from lowest to highest for total project cost is as follows:
Page 2
June 6, 2006
Bidder
Location
Bid Amount
Ghilotti Brothers
San Rafael
$585,253.50
Vanguard Construction
Oakland
$600,331.00
JA Gonsalves & Sons, Inc.
Napa
$605,541.00
Staff recommends that the contract be awarded to Ghilotti Brothers for a price of $643,779,
including a 10% contingency. The total cost for the project including public meetings, design,
construction, contract administration, inspection and material testing is estimated at $863,000. A
copy of the contract is on file in the City Clerk's Office.
BUDGET CONSIDERATION/FINANCIAL ANALYSIS
The project is budgeted as CIP# 02 -98, with $331,663 available from a Safe Route to School
Program grant, $156,851 available from Measure B and $219,186 from the City's Transportation
Development Act (TDA), Article 3, allocations administered by the Metropolitan Transportation
Commission (MTC). The additional $155,300 required to fully fund the project is available from the
Urban Runoff Fund (Fund 351).
MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE
This action does not affect the Municipal Code.
RECOMMENDATION
Appropriate $155,300 in Urban Runoff Funds and award a contract in the amount of $643,779,
including contingency, to Ghilotti Brothers for the Fernside Boulevard Pedestrian Access
Improvements Near Lincoln Middle School (Safe Routes to School), No. P.W. 11 -02 -15
Matthew T. Naclerio
Public Works Director
Prepared by,
-E9L4otA, icu,k,,,
Barbara Hawkins 412-
City Engineer
MTN:BH:gc
G:\pubworks\pwadmin\COUNCIL\2006\060606\fernsidelincoln.doc
CITY OF ALAMEDA
MEMORANDUM
Date: June 6, 2006
To: Honorable Mayor and
Councilmembers
From: Debra Kurita
Acting City Manager
Re: Approval to Set a Public Hearing for Delinquent Integrated Waste Management Charges
BACKGROUND
In accordance with Chapter XXI, Solid Waste and Recycling, of the Alameda Municipal Code
(AMC) and the Franchise Agreement between the City of Alameda and Alameda County Industries
(ACI), ACI may assign delinquent integrated waste management (IWM) accounts to the City for
collection through the property tax. Prior to assigning their rights to the City, ACI is obligated to
make at least four attempts to collect the delinquent accounts. The City Council is required to hold a
public hearing prior to collecting through the property tax bills.
DISCUSSION
On April 24, 2006, ACI assigned a list of 52 delinquent IWM accounts, with an unpaid balance of
$25,133.06 (excluding penalties, interest and City fees), to the City for collection. In accordance
with the AMC, the City may send a letter to each assigned account requesting payment, and if not
promptly received, the City may consider collecting delinquent accounts by means of the property
tax bills at a noticed Public Hearing. Staff recommends that the public hearing to consider the
collection of delinquent accounts by means of the property tax bills be set for June 20, 2006. The
City is obligated to pay ACI for all delinquent accounts. Accounts that remain delinquent and are
not approved for collection through the property tax bills are considered "bad debt" and will be
included in the next rate review (commencing 2007), potentially resulting in an increase in the rates.
BUDGET CONSIDERATION/FINANCIAL ANALYSIS
The City receives a 10% franchise fee from ACI which is revenue for the General Fund. Unpaid
IWM fees, therefore, result in a loss in General Fund revenues.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
The City's Integrated Waste Management Program is consistent with the General Plan Health &
Safety Element Guiding Policy 8.4.k.
Report 4 -H
6 -6 -06
Honorable Mayor and
Councilmembers
RECOMMENDATION
Page 2
June 6, 2006
Set a Public Hearing for delinquent integrated waste management charges for June 20, 2006.
Respect •. submitted,
Matthew T. Naclerio
Public Works Director
Prepared by,
'Max me*,
Maria F. DiMeglio
Program Specialist II
MTN:MFD:gc
cc: Louie Pellegrini, ACI
G:\ pubworks\ pwadmin \COUNCIL\2006 \060606Vien hearing.doc
CITY OF ALAMEDA
MEMORANDUM
Date: June 6, 2006
To: Honorable Mayor and
Councilmembers
From: Debra Kurita
City Manager
Re: Recommendation to Adopt Two Resolutions Authorizing
• the Filing of an Application for Federal Congestion Mitigation and Air Quality
Improvement Program Funding for Electric Fleet Vehicles and Charging Stations and
Committing the Necessary Non - Federal Match for the Project and Stating the
Assurance of the City of Alameda to Complete the Project, and
• the Filing of an Application for Federal Congestion Mitigation and Air Quality
Improvement Program Funding for Otis Drive/Doolittle Drive /Island Drive Signal
Coordination and Committing the Necessary Non - Federal Match for the Project and
Stating the Assurance of the City of Alameda to Complete the Project
BACKGROUND
The City of Alameda receives an annual allocation from the Transportation Fund for Clean Air
Program Manager Fund (TFCA) to implement projects that will reduce air emissions in accordance
with minimum thresholds established by the Bay Area Air Quality Management District
(BAAQMD). Many local agencies, including Alameda, have had difficulty meeting these minimum
thresholds and as a result have been unable to spend their TFCA allocations. Alameda currently has
an accumulated fund balance of approximately $300,000 in TFCA monies. To facilitate use of these
funds, the Congestion Management Agency (CMA), which administers the funds, has worked AC
Transit to exchange TFCA monies with federal Congestion Mitigation Air Quality (CMAQ) funds,
which have a lower air emission reduction threshold.
DISCUSSION
In response to the CMA's Request for Information (RFI) for CMAQ funding, staff submitted a
preliminary application for the following two projects:
1. Electric Fleet Vehicles and Charging Stations: The City requests the purchasing of four all
electric vehicles and the installation of four charging stations for the vehicles. The vehicles
would be for use by City staff for travel in the City. The vehicles would require a standard
electrical outlet for charging. While these vehicles are not made for freeway driving, they are
appropriate for travel within Alameda and on local streets. All electric vehicles have zero
emissions. In addition, since electricity from Alameda Power & Telecom is generated
primarily from renewable resources, the emissions from these vehicles will be minimal.
Re: Resos 4 -1
6 -6 -06
Honorable Mayor and
Councilmembers
Page 2
June 6, 2006
2. Otis Drive /Doolittle Drive /Island Drive Signal Coordination: This project will complete the
coordination of signals in this key corridor through Alameda. Completion of this project will
reduce emissions by minimizing delay caused by traffic congestion and improve traffic flow
through the City.
Before the City can access the CMAQ funds, the projects must be included in the federal
Transportation Improvement Program (TIP). The CMA is prepared to submit the proposed CMAQ
projects for inclusion in the TIP, however, Council is first required to adopt a resolution authorizing
the application for these funds and the commitment of the matching funds. Once Council has
adopted the resolutions, the CMA will recommend the projects for inclusion in the TIP and funds
will be available during the federal fiscal year 2006/2007, which begins October 1, 2006.
BUDGET CONSIDERATION/FINANCIAL IMPACT
In order to use CMAQ funds, a local match of 11.5% is required. The cost for the electric vehicles
and charging stations is estimated at $112,000, requiring a local match of $13,000, which will be
funded $10,000 from the Vehicle Replacement Fund and $3,000 from the General Fund. The cost
for the signal coordination project is estimated at $67,000, requiring a local match of $8,000, which
will be funded from Measure B. The total CMAQ allocation will be $158,000.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action does not affect the Municipal Code.
RECOMMENDATION
• Adopt a Resolution Authorizing the Filing of an Application for Federal Congestion
Mitigation and Air Quality Improvement Program Funding for Electric Fleet Vehicles and
Charging Stations and Committing the Necessary Non - Federal Match for the Project and
Stating the Assurance of the City of Alameda to Complete the Project, and
• Adopt a Resolution Authorizing the Filing of an Application for Federal Congestion
Mitigation and Air Quality Improvement Program Funding for Otis Drive/Doolittle
Drive /Island Drive Signal Coordination and Committing the Necessary Non - Federal
Match for the Project and Stating the Assurance of the City of Alameda to Complete
the Project.
Respbmit �s, Prepared by,
rf------0A1)C00-4-t-ci) LA-A1
Barbara Hawkins fa,�
City Engineer ��
Matthew T. Naclerio
Public Works Director
MTN:BH:gc
cc: Measure B Watchdog Committee
G:\ pubworks\ pwadmin\ COUNCIU2006 \060606\doolittleelectric.doc
City of Alameda Resolution No.
Third Cycle STP /CMAQ/TE Program
AUTHORIZING THE FILING OF AN APPLICATION FOR FEDERAL
CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM
FUNDING FOR ELECTRIC FLEET VEHICLES AND CHARGING STATIONS,
COMMITTING THE NECESSARY NON - FEDERAL MATCH FOR THE
PROJECT AND STATING THE ASSURANCE OF THE CITY OF ALAMEDA TO
COMPLETE THE PROJECT
WHEREAS, the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users (SAFETEA) (Public Law 109 -59, August 10,
2005) continues the Surface Transportation Program (23 U.S.C. § 133 and the
Congestion Mitigation and Air Quality Improvement Program (CMAQ) (23
U.S.C. § 149); and
WHEREAS, the SAFETEA legislation will guide STP, CMAQ, and TE
programming until a SAFETEA bill is authorized; and
WHEREAS, pursuant to SAFETEA, and the regulations promulgated
thereunder, eligible project sponsors wishing to receive Surface Transportation
Program or Congestion Mitigation and Air Quality Improvement Program grants
for a project shall submit an application first with the appropriate metropolitan
transportation planning organization (MPO), for review and inclusion in the
MPO's Transportation Improvement Program (TIP); and
WHEREAS, the Metropolitan Transportation Commission is the MPO for
the San Francisco Bay region; and
WHEREAS, the City of Alameda is an eligible project sponsor for
Surface Transportation Program or Congestion Mitigation and Air Quality
Improvement Program funds; and
WHEREAS, the City of Alameda wishes to submit an application to MTC
for funds from the Congestion Mitigation and Air Quality Improvement Program
in fiscal years 2006 -07 for the following project:
Rather than replacing existing City vehicles with other internal
combustion energy vehicles, the City would like to purchase electric vehicles for
local use by City staff. While these vehicles do not operate at freeway speeds,
they are appropriate for use on local streets. Four charging stations (using
standard outlets) would be installed at locations to be identified.
WHEREAS, MTC requires, as part of the application, a resolution stating
the following:
Resolution # 4 -I CC
6 -6 -06
1) the commitment of necessary local matching funds of at least 11.47 %;
and
2) that the sponsor understands that the Surface Transportation Program
and Congestion Mitigation and Air Quality Improvement Program funding
is fixed at the programmed amount, and therefore any cost increase
cannot be expected to be funded with Surface Transportation Program or
Congestion Mitigation and Air Quality Improvement Program funds; and
3) the assurance of the sponsor to complete the project as described in the
application, and if approved, as programmed in MTC's TIP; and
4) that the sponsor understands that funds must be obligated by May 31 of
the year that the project is programmed for in the TIP, or the project may
be removed from the program.
NOW, THEREFORE, BE IT RESOLVED by City Council of the City of Alameda
that the City Manager of the City of Alameda is authorized to execute and file
an application for funding under the Congestion Mitigation and Air Quality
Improvement Program of SAFETEA in the amount of ($99,000) for replacing
existing City vehicles with other internal combustion energy vehicles, the City
would like to purchase electric vehicles for local use by City staff. While these
vehicles do not operate at freeway speeds, they are appropriate for use on local
streets. Four charging stations (using standard outlets) would be installed at
locations to be identified.
BE IT FURTHER RESOLVED that City Council of the City of Alameda by
adopting this resolution does hereby state that:
1) The City of Alameda will provide ($13,000) in non - federal matching
funds; and
2) The City of Alameda understands that the Surface Transportation
Program and Congestion Mitigation and Air Quality Improvement
Program funding for the project is fixed at ($99,000), and that any cost
increases must be funded by the City of Alameda from local matching
funds, and that the City of Alameda does not expect any cost increases
to be funded with Surface Transportation Program or Congestion
Mitigation and Air Quality Improvement Program funds; and
3) Electric fleet vehicles and charging stations will be built as described in
this resolution and, if approved, for the amount shown in the Metropolitan
Transportation Commission (MTC) Transportation Improvement Program
(TIP) with obligation occurring within the timeframe established below;
and
4) The program funds are expected to be obligated by May 31 of the year
the project is programmed for in the TIP.
BE IT FURTHER RESOLVED that the City of Alameda is an eligible
sponsor of projects in the Congestion Mitigation and Air Quality Improvement
Program.
BE IT FURTHER RESOLVED that the City of Alameda is authorized to
submit an application for Congestion Mitigation and Air Quality Improvement
Program funds for Electric fleet vehicles and charging stations.
BE IT FURTHER RESOLVED that there is no legal impediment to the
City of Alameda making applications for Congestion Mitigation and Air Quality
Improvement Program funds.
BE IT FURTHER RESOLVED that there is no pending or threatened
litigation which might in any way adversely affect the proposed project, or the
ability of the City of Alameda to deliver such project.
BE IT FURTHER RESOLVED that a copy of this resolution will be
transmitted to the MTC in conjunction with the filing of the application.
BE IT FURTHER RESOLVED that the MTC is requested to support the
application for the project described in the resolution and to program the
project, if approved, in MTC's TIP.
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 Resolution No.
Third Cycle STP /CMAQ/TE Program
AUTHORIZING THE FILING OF AN APPLICATION FOR FEDERAL
CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT
PROGRAM FUNDING FOR OTIS DRIVE /DOOLITTLE DRIVE /ISLAND
DRIVE SIGNAL COORDINATION AND COMMITTING THE
NECESSARY NON - FEDERAL MATCH FOR THE PROJECT AND
o 4 STATING THE ASSURANCE OF THE CITY OF ALAMEDA TO
+. p COMPLETE THE PROJECT
F-
1-
a WHEREAS, the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users (SAFETEA) (Public Law 109 -59, August 10,
0 2005) continues the Surface Transportation Program (23 U.S.C. § 133 and the
Congestion Mitigation and Air Quality Improvement Program (CMAQ) (23
Q U.S.C. § 149); and
CI) \
CC
WHEREAS, the SAFETEA legislation will guide STP, CMAQ, and TE
programming until a SAFETEA bill is authorized; and
WHEREAS, pursuant to SAFETEA, and the regulations promulgated
thereunder, eligible project sponsors wishing to receive Surface Transportation
Program or Congestion Mitigation and Air Quality Improvement Program grants
for a project shall submit an application first with the appropriate metropolitan
transportation planning organization (MPO), for review and inclusion in the
MPO's Transportation Improvement Program (TIP); and
WHEREAS, the Metropolitan Transportation Commission is the MPO for
the San Francisco Bay region; and
WHEREAS, the City of Alameda is an eligible project sponsor for
Surface Transportation Program or Congestion Mitigation and Air Quality
Improvement Program funds; and
WHEREAS, the City of Alameda wishes to submit an application to MTC
for funds from the Congestion Mitigation and Air Quality Improvement Program
in fiscal years 2006 -07 for the following project:
Signal coordination currently exists between the intersections at Robert
Davey Jr. Drive /Packet Landing Road and Robert Davey Jr. /Island Drive during
the AM peak hour in both the eastbound and westbound directions. Signal
coordination needs to be completed between Island Drive /Doolittle Drive and
Island Drive /Robert Davey Jr. Drive in both the northbound and southbound
directions, as well as between High Street/Otis Drive and Fernside Blvd. /Otis
Drive in both the eastbound and westbound directions. A new controller is
required at Island Drive /Doolittle Drive, but an existing interconnect cable can
be used. A new controller is also required at Otis Drive /Fernside Blvd. A new
Resolution # 4 -I CC
6 -6 -06
cable will have to connect the new controller to the controller at Otis Drive /High
Street, and new signal timing will be required for activation; and
WHEREAS, MTC requires, as part of the application, a resolution stating
the following:
1) the commitment of necessary local matching funds of at least 11.47 %;
and
2) that the sponsor understands that the Surface Transportation Program
and Congestion Mitigation and Air Quality Improvement Program funding
is fixed at the programmed amount, and therefore any cost increase
cannot be expected to be funded with Surface Transportation Program or
Congestion Mitigation and Air Quality Improvement Program funds; and
3) the assurance of the sponsor to complete the project as described in the
application, and if approved, as programmed in MTC's TIP; and
4) that the sponsor understands that funds must be obligated by May 31 of
the year that the project is programmed for in the TIP, or the project may
be removed from the program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Alameda authorizes the City Manager of the City of Alameda to execute and
file an application for funding under the Congestion Mitigation and Air Quality
Improvement Program of SAFETEA in the amount of ($59,000) for Otis
Drive /Doolittle Drive /Island Drive Signal Coordination.
BE IT FURTHER RESOLVED that City Council of the City of Alameda by
adopting this resolution does hereby state that:
1) The City of Alameda will provide ($8,000) in non - federal matching funds;
and
2) The City of Alameda understands that the Surface Transportation
Program and Congestion Mitigation and Air Quality Improvement
Program funding for the project is fixed at ($59,000), and that any cost
increases must be funded by the City of Alameda from local matching
funds, and that City of Alameda does not expect any cost increases to be
funded with Surface Transportation Program or Congestion Mitigation
and Air Quality Improvement Program funds; and
3) Otis Drive /Doolittle Drive /Island Drive Signal Coordination Project will be
built as described in this resolution and, if approved, for the amount
shown in the Metropolitan Transportation Commission (MTC)
Transportation Improvement Program (TIP) with obligation occurring
within the timeframe established below; and
4) The program funds are expected to be obligated by May 31 of the year
the project is programmed for in the TIP.
BE IT FURTHER RESOLVED that the City of Alameda is an eligible
sponsor of projects in the Congestion Mitigation and Air Quality Improvement
Program.
BE IT FURTHER RESOLVED that the City of Alameda is authorized to
submit an application for Congestion Mitigation and Air Quality Improvement
Program funds for Otis Drive /Doolittle Drive /Island Drive Signal Coordination
Project.
BE IT FURTHER RESOLVED that there is no legal impediment to the
City of Alameda making applications for Congestion Mitigation and Air Quality
Improvement Program funds.
BE IT FURTHER RESOLVED that there is no pending or threatened
litigation which might in any way adversely affect the proposed project, or the
ability of City of Alameda to deliver such project.
BE IT FURTHER RESOLVED that a copy of this resolution will be
transmitted to the MTC in conjunction with the filing of the application.
BE IT FURTHER RESOLVED that the MTC is requested to support the
application for the project described in the resolution and to program the
project, if approved, in MTC's TIP.
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
To: Honorable Mayor and
Members of the City Council
From: Debra Kurita
City Manager
Date: June 6, 2006
Re: Public Hearing and Adoption of Resolution Confirming the Business
Improvement Area Report for FY 2006 -07 and Levying an Annual
Assessment on the Alameda Business Improvement Area of the City of
Alameda for FY 2006 -07
BACKGROUND
The Business Improvement Area (BIA) was established in 1989. Fees, based on sales
volume, are collected within two Benefits Areas, "A" and "B," with "A" businesses paying
slightly higher rates because of their proximity to the retail core. While the basic rate
structure for retail and service business in both Benefit Areas has remained the same since
inception, some fees do increase annually based on rises in the Consumer Price Index
(CPI) for the San Francisco Area. CPI increased fees include: 1) the flat fee assessed non -
retail, 2) the fee paid by financial institutions, and 3) the maximum charge in all categories.
The City's Finance Department projects no significant BIA revenue increase this coming
fiscal year after applying the CPI increase of 2.6 percent.
On May 16, 2006, City Council accepted reports (Attachments A, B and C) regarding
proposed FY 2006 -07 Business Improvement Area (BIA) assessments and activities, and
Council adopted a Resolution of Intention (Attachment D) to Levy an Annual Assessment
for FY 2006 -07. The Resolution set a public hearing for June 6, 2006 to consider adoption
of a Resolution confirming the reports and levying an annual assessment.
DISCUSSION
The Park Street Business Association (PSBA) and West Alameda Business Association
(WABA) included affected parties in the process of adopting the proposed activities and
budget by holding meetings, which were announced through business association
invitations, newsletters and /or personal contact. These efforts led to the approval of the
PSBA and WABA BIA budgets by the members in attendance at these meetings.
Notice of the Public Hearing was advertised in a newspaper of general circulation seven
days prior to the hearing. The public hearing will give affected parties a final opportunity to
Re: Public Hearing 5 -A
6 -6 -06
Honorable Mayor and
Members of the City Council
June 6, 2006
Page 2 of 3
comment on the proposed assessment. During or following the public hearing, Council may
order changes in the report, including changes in the proposed activities, boundaries or
benefit areas. After the hearing, the Council may adopt the Resolution confirming the
report as originally filed or as changed. Adoption of the Resolution will constitute the levy of
the assessment for FY 2006 -07.
MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE
A.M.C. Sec. 6 -7 et seq. Also, the renewal of the BIA for another year supports both the
goals of the Economic Development Strategic Plan and the Downtown Vision through
continued operation of the two business associations.
BUDGET CONSIDERATION /FISCAL IMPACT
There is an impact on the General Fund in the form of staff costs for the Finance
Department to process BIA billing and track expenditures. Finance Department costs are
included in the department's annual budget. BIA billing is done concurrently with business
license billing. Revenues from the BIA directly benefit business owners in specified
geographic and benefit zones through the promotion of business and similar eligible
activities.
RECOMMENDATION
The City Manager recommends that the City Council hold a public hearing and consider
the adoption of Resolution confirming the Business Improvement Area Report for FY 2006-
07 and levying an annual assessment on the Alameda Business Improvement Area of the
City of Alameda for FY 2006 -07.
Re . p -; ' ully submitte
Les ie A. Little
Development Services Director
By: Dorene E. Soto
Manager, Business Development Division
St--- c g,„,„ei
,_
Sue G. Russell
Development Coordinator
Honorable Mayor and
Members of the City Council
Attachments
cc: Economic Development Commission
Park Street Business Association
West Alameda Business Association
June 6, 2006
Page 3 of 3
Business Association
April 18, 2006
Sue Russell
Management Analyst
Economic Development Division
950 West Mall Square, Room 215
Alameda, CA 94501
Dear Ms. Russell:
ATTACHMENT A
As President of the Park Street Business Association, I am pleased to submit the attached BIA
Report and accompanying 2006/2007 budget for our Association.
We do not anticipate any changes in the BIA for 2006/2007. We have provided a description of
the activities PSBA is proposing for the upcoming year and the associated line item budget.
This proposed budget was approved by the PSBA Board of Directors in a phone poll conducted
this week and will be confirmed at the May 31, 2006 meeting. Based on revenue received to
date, we anticipate 06 /07BIA revenue of $81,350 and a carryover of $9,000 resulting from cost
containment by PSBA. This brings our 06/07 BIA budget to $90,350.
We would be glad to answer any questions you have regarding the attached material.
Sincerely,
Lars Hansson
President
Park Street Business Association
2447 Santa Clara Avenue, Suite 302
Alameda, CA 94501
(510) 523-1392
A California Main Street Program FAX (510) 523 -2372
PARK STREET BUSINESS ASSOCIATION
2447 Santa Clara Ave., #302, Alameda, CA 94501
PROPOSED ASSESSMENT FOR BUSINESS IMPROVEMENT AREA
FISCAL YEAR 2006/2007
INTRODUCTION:
The Park Street Business Association (PSBA) is recommending a BIA budget of $90,350 for the
Park Street Business District for fiscal year 2006/2007. This recommendation is based on the
estimate of the income derived from the BIA assessment in fiscal 05/06 as well as a carryover
from the 05/06 budget. The formulas, budgets, and proposed activities are the result of monthly
Board of Director and committee meetings between December, 2005, and April, 2006.
BUDGET:
The BIA is one of four sources of funding for the activities proposed in this report. The other
three sources are funds raised by the Park Street Business Association, reimbursement from the
Landscape and Lighting Budget, and a proposed grant we will be seeking from the Development
Services Department. PSBA will continue its current activities, as well as implement new ones,
that are in line with the California Main Street Four -Point plan for revitalizing Main Street
Cities.
BOUNDARIES:
We are not proposing any changes this year.
ACTIVITIES:
Attached is a summary of the proposed activities for the fiscal year 2006/2007. These activities
are designed to improve the pedestrian friendly look of the Park Street District, improve the
vitality of the District in order to increase sales and sales tax revenues, promote members'
businesses, attract new businesses to the District and increase the overall business atmosphere in
the Park Street District. Several projects are continuations from the 2005/2006 fiscal year.
PARK STREET BUSINESS ASSOCIATION
2006/07 Membership Committee
Work Plan Outline
1. Conduct Meetings
a. Mixers
b. Special Election Meeting (October)
c. Informational Meetings at half of the meetings
d. Holiday Party
2. Awards
a. Continue current awards program (recognizing PSBA members and city staff)
3. Welcome New Members
a. Update New Member Packet
b. Recruit ambassadors to greet new members
c. Greet new members to the District with packets as they move into their business
4. Newsletter
a. Continue mailing newsletter every month
b. Update mailing list
2006/07 Design Committee
Work Plan Outline
1. Design Guidelines
a. Determine acceptable and not acceptable design criteria
b. Write Guidelines
c. Submit to PSBA Board for Approval
d. Work with City Staff to have new ordinances presented to City Council
2. Streetscape Phase II
a. Work with City staff to plan Phase II
b. Implement Phase II in the spring of 2007
3. Sign Ordinance
a. Work with City Staff to ensure enforcement
4. News Rack Ordinance
a. Work with City Staff to ensure enforcement
5. Promote Facade Grant Program
a. Newsletter articles
b. Outreach by Committee
PARK STREET BUSINESS ASSOCIATION
2006/07 Econ -Revi Committee
Work Plan Outline
1. Assist with Business Recruitment
a. Identify empty storefronts
b. Work with City Staff and contract staff to promote the District as a positive business
destination
2. Ordinances
a. Vacant Buildings — begin discussions with City Staff to beef up ordinance
b. Parking overlay to exempt developers in the District from in lieu parking fees.
3. Maintenance
Continue current level of service — 7 days a week
2006/07 Promotions Committee
Work Plan Outline
1. Continue Special Events
a. Spring Festival (mother's day weekend)
b. Art & Wine Faire (last weekend of July)
c. Classic Car Show (2 "d Saturday in October)
2. Promotions
a. Shopping Guide produced once a year
b. Continue to upgrade and update our Web Site
3. Print Advertising
a. Continue Best of Alameda PSBA pages
b. Continue Holiday campaign
c. Continue Alameda/Oakland Magazines campaign
4. Cable Advertising
a. Continue ads for special events
b. Continue ads for Holiday Program
5. Holiday Promotions
a. Cable ads two weeks prior to Christmas
b. Free parking all weekends after Thanksgiving
c. Continue print ads in Chronicle, Journal, Sun, Alameda and Oakland Magazines
METHOD AND BASIS OF LEVYING ASSESSMENT
Budget: See Exhibit A
CONCLUSION
PSBA would like to thank the Alameda City Council, City Attorney, Community Development,
Public Works and Finance Departments for their assistance in implementing the BIA. The
increased participation from the business community and the continued quality of projects has
shown the BIA is a valuable tool in our continuing efforts to revitalize the Park Street Historic
Business District.
Exhibit A
Park Street Business Association
2006/2007 BIA Budget Submission
INCOME:
BIA Proj ection
Accumulated Carryover
Total Income:
EXPENSES:
$81,350
$9,000
$90,350
Personnel Services
Staff Benefits $25,000
Worker's Comp $17,300
Payroll Taxes $13,650
Sub Total $55,950
Membership Services
Meetings /Training $2,500
Supplies $2,000
Printing $500
Postage $2,800
Sub Total $7,800
Indirect /Overhead
Accounting /Audit $8,000
Rent $12,000
Utilities $1,600
Insurance $5,000
Sub Total $26,600
Total Expenses $90,350
ATTACHMENT B
WEST ALAMEDA BUSINESS ASSOCIATION
PO Box 215, Alameda, CA 94501
(510) 523 -5955 west alameda@vahoo.com
www.WestAlamedaBusiness.com
PROPOSED ASSESSMENT FOR THE
WEST ALAMEDA BUSINESS IMPROVEMENT AREA
FISCAL YEAR JULY 1, 2006 - JUNE 30, 2007
INTRODUCTION
The West Alameda Business Association (WABA) is recommending the following assessment for
the Webster Street Business District for fiscal year (FY) 2006 -2007. The formulas, budgets and
proposed activities are the result of various Board and Committee meetings. The Business
Improvement Area (BIA) Budget was presented for adoption at the Board of Directors meeting
April 19, 2006.
PROPOSED CHANGES
WABA is not recommending any changes to the Business Improvement Area.
ACTIVITIES
The following is a summary of proposed activities for the fiscal year 2006 -2007. These activities
have been discussed at various Board and committee meetings. WABA's mission is to use these
activities to increase the vitality of Webster Street and West Alameda and preserve Webster Street's
historic character. We seek to generate more foot traffic, increase sales and sales tax, promote
members' businesses and increase the public goodwill and atmosphere in West Alameda.
The BIA is the source of funding for these activities. WABA will continue its current activities and
implement others that follow the Main Street Four -Point Approach established by the National
Trust for Historic Preservation.
It is estimated that there will be no carry forward from the 2005 -2006 budget.
The estimated BIA revenue for 2006 -2007 is $32,000.
The following are activities proposed for 2006 -2007. Several projects are continuations from
previous fiscal years.
1
ECONOMIC RESTRUCTURING
• Facilitate development of high - potential properties
• Work with the City to attract appropriate businesses
• Monitor the impact of new and re -use housing projects
• Determine the potential for eco- tourism as a West Alameda business opportunity
• Investigate sources of entertainment as a business opportunity for West Alameda
• Work with the City and others to implement the Strategic Economic Development Plan,
including parking plan, catalyst project and business attraction strategies
• Continue business retention activities
DESIGN
• Identify projects for facade improvements
• Develop beautification program
• Continue helping members with the Storefront Assistance Program
• Build broad -based community support for ongoing projects
• Work with City to implement recent changes to sign ordinance
• Finish implementing the newsrack district
• Fulfill public art requirements
• Work with the City in accomplishing Phase II of the Webster Renaissance Project
SPECIAL EVENTS
• Participate in July 4th events
• Produce advertising for the Association and businesses
• Produce year -round Farmers' Market
• Produce Thursday night Farmers' Market during summer months
• Produce Concerts at the Cove
• Produce Webster Street Wine and Dine Nights
• Produce annual Halloween event
• Produce 5th annual Peanut Butter Jam
• Produce holiday bazaar and visit from Santa
PUBLIC RELATIONS
• Generate increased favorable publicity about West Alameda
• Maintain contacts with key media representatives
• Update and distribute marketing literature promoting West Alameda businesses
2
• Continue implementing strategic marketing plan, including branding strategy, website, weekly
columns and calendar of events, cooperative advertising program and business attraction
strategy
ORGANIZATION
• Manage the administrative activities of the organization
• Expand community and business participation with WABA
• Develop and implement a fundraising plan, including Community Benefit District
• Organize and host business and community events for members
• Conduct annual self - evaluation of Board members and staff
• Produce and distribute WABA newsletter
• Recruit members from outside the BIA and among residents
• Distribute information door -to -door
• Involve important neighbors e. g. College of Alameda, Marina Village, Alameda Point in
WABA's activities
• Implement enhanced volunteer program, including recruitment, volunteer appreciation activities
and training
• Continue implementing enhanced maintenance program, including clean -up events, keeping up
appearances awards and collaboration with City maintenance staff to resolve issues such as
illegal dumping , littering and public health hazards
METHOD & BASIS OF LEVYING ASSESSMENT
Budget, see Exhibit A
Assessment, see Attachment C
CONCLUSION
WABA would like to thank the Alameda City Council, City Attorney, Development Services,
Public Works, Planning and Finance Departments for their assistance in implementing the BIA.
Please visit the WABA website, www.westalamedabusiness.com, to see the many ways WABA
promotes the West End. The BIA is a valuable tool in our continuing efforts to revitalize West
Alameda's historic business district.
3
West Alameda Business Association
BIA BUDGET 06 -07
INCOME
BIA Projection
Accumulated Carryover
Total Income
EXPENSES
PERSONNEL SERVICES
PR Tax/Benefits
SUBTOTAL
MEMBERSHIP SERVICES
Supplies
Printing
Postage
Newsletter /website /Marketing
Committees
Equipment
32000
0
32000
1,000
3,000
1,000
9,000
1,000
0
SUBTOTAL 15000
INDIRECT /OVERHEAD
Accounting /Audit
Utilities
Insurance
Contingency
SUBTOTAL
GRAND TOTAL
4,000
5,000
7,500
500
17,000
32000
Exhibit A
EXHIBIT C
LIST OF ADDRESSES WITHIN BIA BOUNDARIES
Combined List of Benefit Area "A" and "B" Zones: Geographic Area:
Alameda Ave. 2300 -2399 odd/even Park St.
Broadway 1400 -1590 odd only Park St.
Buena Vista Ave. 616 -750 odd /even Webster St.
Central Ave. 630 -760 odd/even Webster St.
2300 -2499 odd/even Park St.
2501, 2521 Park St.
Eagle Ave. 633 -707 odd/even Webster St.
Encinal Ave. 2300 -2499 odd /even Park St.
Everett St. 1400 -1519 odd/even Park St.
Haight St.
629 -728 odd /even Webster St.
Lincoln Ave. 627 -726 odd /even Webster St.
2267 -2499 odd /even Park St.
Oak St. 1300 -1599 even only Park St.
Pacific Ave. 626 -730 odd /even Webster St.
Park Ave. 1300 -1399 odd only Park St.
1400 -1499 odd/even Park St.
Park St. 1125, 1198, 1200 -1999 Park St.
odd /even
San Antonio Ave. 2312 -2399 odd/even Park St.
Santa Clara Ave. 700 -720 odd /even Webster St.
2300 -2599 odd /even Park St.
Taylor Ave. 634 -725 odd /even Webster St.
Times Wy. 2300 -2399 odd/even Park St.
Webb Ave. 2400 -2499 odd /even Park St.
Page 1 of 2
G:\BUSASSOC\BIA\2006 -07 \LISTA &B - EXHIBIT C.DOC
F: Parking and Business Improvement Area /Assessment/2006 -07
Webster St.
1345 -1999 odd/even Webster St.
Memo: Benefit Area "B" Zone Only
Broadway 1400 -1509 odd only Park St.
Everett St. 1400 -1519 odd /even Park St.
Park St. 1125, 1198, 1200 -1251 Park St.
odd /even, 1600 -1999
Santa Clara Ave. 2500 -2599 odd/even Park St.
Lincoln Ave. 2267 -2499 odd /even Park St.
Central Ave. 2431, 2433, 2440, 2501, 2521 Park St.
Page 2 of 2
G:\BUSASSOC\BIA\2006 -07 \LISTA &B - EXHIBIT C.DOC
F: Parking and Business Improvement Area /Assessment/2006 -07
ATTACHMENT C
ALAMEDA BUSINESS IMPROVEMENT AREA - NON - RETAIL
FISCAL YEAR 2006 -07
Professionals and independent contractors who primarily go out into the public to sell to clients
and /or do not operate retail stores.
Accountant
Advertising
Ambulance
Answering service
Architect
Attorney
Building maintenance
Business services
Construction
Consultants
Contractors
Counselor
Credit Unions with restricted membership
Decorator
Electrician
Employment
Engineer
Gardener
Graphic arts
Handyman
Health/Medical professions
Importers
Insurance
Landscape
Mail order
Manufacturer
Manufacturer's /sales reps
Mortuary
Newspaper publishing
Nursing facility
Painters
Pest control
Plumber
Property management
Real estate
School/Instruction
Security
Stockbrokers
Tax consultants
Travel
Veterinary
Wholesalers
Misc. professional /office
BIA06 -07. doc
1
JULY
AUG
SEPT
OCT
NOV
DEC
JAN
FEB
MAR
APR
MAY
JUNE
AREA A = $ 119.00
AREA B = $ 78.00
PRO -RATED FEES
A
$119.00
119.00
109.00
99.00
89.00
79.00
69.00
60.00
50.00
40.00
30.00
25.00
25.00
B
$ 78.00
78.00
71.00
65.00
58.00
52.00
45.00
39.00
32.00
26.00
25.00
25.00
25.00
ALAMEDA BUSINESS IMPROVEMENT AREA - RETAIL SERVICE
FISCAL YEAR 2006 -07
Businesses that operate a store where people go to purchase a service.
Alarm and fire extinguisher service
Appliance service
Athletic/Health Club
Auto glass
Auto upholstery
Auto wash/parking
Auto repair
Barber
Beauty
Cleaners
Electronics service
Furniture repair
Hotel /motel
Keys /Locksmith
Laundromat /laundry
Marine service
Pet services
Photography studio
Printing
Shoe service
Storage
Tailor
Tattoo
Upholstery
BIA06- 07.doc
2
JULY
AUG
SEPT
OCT
NOV
DEC
JAN
FEB
MAR
APR
MAY
JUNE
AREA A = .40/1,000 GR
MINIMUM = $ 119.00
MAXIMUM = $1,576.00
AREA B = .20/1,000 GR
MINIMUM = $ 78.00
MAXIMUM = $774.00
PRO -RATED MINIMUM FEES
A B
$119.00 $78.00
119.00 78.00
109.00 71.00
99.00 65.00
89.00 58.00
79.00 52.00
69.00 45.00
60.00 39.00
50.00 32.00
40.00 26.00
30.00 25.00
25.00 25.00
25.00 25.00
ALAMEDA BUSINESS IMPROVEMENT AREA - RETAIL GOODS
FISCAL YEAR 2006 -07
Businesses that operate a store where people go to purchase a product.
Alcoholic
Amusement
Antiques
Appliances sales
Art
Auto dealer
Auto stereo
Auto supply
Bakery
Bar
Bicycles
Books
Clothing
Coin
Computer sales
Drug/variety
Electronics sales
Fishing
Floor coverings
Florist
Food
Furnishings
Furniture
Gasoline stations
Gift
Hardware
Hobby
Jewelry
Magazines /newspaper sales
Marine sales
Market
Medical supplies
Music
Nursery
Office supplies /equipment
Optical supplies
Pet supply
Product rentals
Restaurant
Shoe sales
Sporting goods
Thrift /used merchandise
Theater /club
BIA06- 07.doc 3
AREA A = .40/1,000 GR
MINIMUM = $ 237.00
MAXIMUM = $1,576.00
AREA B = .20/1,000 GR
MINIMUM = $ 119.00
MAXIMUM = $ 791.00
PRO -RATED MINIMUM FEES
A B
$237.00 $1 19.00
JULY 237.00
AUG 217.00
SEPT 198.00
OCT 178.00
NOV 158.00
DEC 138.00
JAN 119.00
FEB 99.00
MAR 79.00
APR 59.00
MAY 40.00
JUNE 25.00
119.00
109.00
99.00
89.00
79.00
69.00
60.00
50.00
40.00
30.00
25.00
25.00
Video
Other retail goods
ALAMEDA BUSINESS IMPROVEMENT AREA
FINANCIAL INSTITUTIONS /UTILITIES
FISCAL YEAR 2006 -07
Banks
Savings and Loans
Credit Unions operating to the general public
Utilities
BIA06- 07.doc 4
AREA A & B = $ 791.00
CITY OF ALAMEDA RESOLUTION NO.
ATTACHMENT D
RESOLUTION OF INTENTION TO LEVY AN ANNUAL ASSESSMENT ON THE
ALAMEDA BUSINESS IMPROVEMENT AREA OF THE CITY OF ALAMEDA FOR
FY 2006 -07 AND SET A PUBLIC HEARING FOR JUNE 6, 2006
E
o WHEREAS, Section 6 -7 of Article II of Chapter VI of the Alameda
v- w Municipal Code establishes the Alameda Business Improvement Area of the City
o z of Alameda (hereinafter "Area "); and
0
I-
a
a)
WHEREAS, the Area comprises all of the Park Street Business Area,
included by reference on the map and list of inclusive addresses included in this
Resolution as Exhibit A and C, respectively; and all of the Webster Street
Business Area included by reference on the map and list of inclusive addresses
included in this Resolution as Exhibit B and C, respectively; and
WHEREAS, the improvements and activities authorized by the
Ordinance include the general promotion of business activities in the Area, the
promotion of the public events which are to take place on or in public places in the
Area, the decoration of any public place in the Area, the furnishing of music in any
public place in the Area, and the acquisition, construction or maintenance of
parking facilities for the benefit of the Area; and
WHEREAS, agreements between the City of Alameda (hereinafter
"City ") and the Park Street Business Association (hereinafter "PSBA ") and the
West Alameda Business Association (hereinafter "WABA ") designated PSBA and
WABA to administer Business Improvement Area (hereinafter "BIA ") funds for their
respective geographic zones of the BIA; and
WHEREAS, PSBA and WABA have filed reports with the City Clerk
describing the surplus or deficit revenues to be carried over from FY 2005 -06 and
describing the improvements and activities, estimated costs and methods and
basis for levying the assessment for FY 2006 -07.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Alameda that PSBA and WABA are hereby designated as the BIA Advisory
Body for 2006 -07; and
BE IT FURTHER RESOLVED that the City Council hereby sets a
public hearing to consider the annual assessment forthe Area and to consider any
modification of benefit areas or change in boundary for June 6, 2006, at which
time written or oral protests may be made; and
BE IT FURTHER RESOLVED that the City Clerk is hereby directed
to advertise said public hearing by causing this Resolution of Intention to be
published once in a newspaper of general circulation in the City not less than
seven days before the public hearing.
Resolution #4 -H CC
5 -16 -06
••
EXHIBIT A:
Park Street
geographic zone
ill 1,1
L:1
47411117.
ritif
7004/
•
11:
aniz o
ats
Nrivir
Ye- 1" OAR
finillfilliffilliall1111111 I 11111,11141VM111111.
PARK STREET COMMERCIAL AREA
A: Benefit Area A
B: Benefit Aim B
•
N.
EXHIBIT B:
Webs* Street
geographic zone
•„zo,
4t,
44447tp
c.,
f11111.
t‘ 491
II
111111111,::::::2414411u,
:(11111111illiladilirrtatil._1)11114R
"1 .1c2.--?0iiiirul
6.4._,1111.1,11111amrilliajciti
f
CD:
1 Z.. • eta\ •
• •
•
•
• :
WEBS1ER STREET COMMERCIAL AREA
A:. Benefit Area.A
B: • Benefit Area B
EXHIBIT C
LIST OF ADDRESSES WITHIN BIA BOUNDARIES
Combined List of Benefit Area "A" and "B" Zones: Geographic Area:
Alameda Ave. 2300 -2399 odd/even Park St.
Broadway 1400 -1590 odd only Park St.
Buena Vista Ave. 616 -750 odd/even Webster St.
Central Ave. 630 -760 odd/even Webster St.
2300 -2499 odd/even Park St.
2501, 2521 Park St.
Eagle Ave. 633 -707 odd/even Webster St.
Encinal Ave. 2300-2499 odd/even Park St.
Everett St. 1400 -1519 odd/even Park St.
Haight St.
Lincoln Ave.
629 -728 odd/even Webster St.
627 -726 odd/even
2267 -2499 odd/even
Webster St.
Park St.
Oak St. 1300 -1599 even only Park St.
Pacific Ave. 626 -730 odd/even Webster St.
Park Ave. 1300 -1399 odd only Park St.
1400 -1499 odd/even Park St.
Park St. 1125, 1198, 1200 -1999 Park St.
odd/even
San. Antonio Ave. 2312 -2399 odd/even Park St.
Santa Clara Ave. 700 -720 odd/even Webster St.
2300 -2599 odd/even Park St.
Taylor Ave. 634 -725 odd/even Webster St.
Times Wy. 2300 -2399 odd/even Park St.
Webb Ave. 2400 -2499 odd/even Park St.
Page 1 of 2
G:\BUSASSOC\BIA12006 -07\EXHIB C LIST OF ADDRESSES.DOC
F: Parking and Business Improvement Area /Assessment/2004 -05
Webster St.
1345 -1999 odd/even Webster St.
Memo: Benefit Area `B" Zone Only
Broadway 1400 -1509 odd only Park St.
Everett St. 1400 -1519 odd/even Park St.
Park St. 1125, 1198, 1200 -1251 Park St.
odd /even, 1600 -1999
Santa Clara Ave. 2500 -2599 odd/even Park St.
Lincoln Ave. 2267 -2499 odd/even Park St.
Central Ave. 2431, 2433, 2440, 2501, 2521 Park St.
Page 2 of 2
G:\BUSASSOC\BIA\2006 -07\EXHIB C LIST OF ADDRESSES.DOC
F: Parldng and Business Improvement Area /Assessment/2004 -05
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 RESOLUTION NO.
CONFIRMING THE BUSINESS IMPROVEMENT AREA REPORT FOR
FY 2006 -07 AND LEVYING AN ANNUAL ASSESSMENT ON THE
ALAMEDA BUSINESS IMPROVEMENT AREA OF THE CITY OF
E ALAMEDA FOR FY 2006 -07
▪ W
o z WHEREAS, Section 6 -7 of Article II of Chapter VI of the Alameda Municipal
°C Code establishes the Alameda Business Improvement Area of the City of Alameda
(hereinafter Area); and
a �� WHEREAS, the City Council of the City of Alameda desires to continue said
o i- Area in FY 2006 -07 for the purpose set forth in Section 6 -7.3 of the Alameda
8, Municipal Code; and
c.
e WHEREAS, a report has been filed with the City Clerk describing the
surplus or deficit revenues to be carried over from FY 2005 -06 and describing the
improvements and activities, estimated costs and methods and basis for levying
the assessment for FY 2006 -07; and
WHEREAS, the City Council at its regular meeting of May 16, 2006 adopted
a Resolution of Intention to Levy an Annual Assessment on the Alameda Business
Improvement Area of the City of Alameda for FY 2006 -07 and to set a public
hearing for such action; and
WHEREAS, a duly noticed public hearing regarding each action was held
by the City Council on June 6, 2006.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Alameda that the BIA report for FY 2006 -07 with any modifications as directed by
the Council following closure of the Public Hearing, is hereby confirmed.
BE IT FURTHER RESOLVED by the City Council of the City of Alameda
that an assessment for the Business Improvement Area of the City of Alameda for
FY 2006 -07 is hereby levied.
Resolution #5 -A
6 -6 -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
CITY OF ALAMEDA
MEMORANDUM
Date: June 6, 2006
To: Honorable Mayor and
Councilmembers
From: Debra Kurita
City Manager
Re: Recommendation to Authorize City Manager to Execute First Amendment to the
Amended and Restated Ferry Services Agreement
BACKGROUND
On July 1, 2004, Council approved the "Ferry Service Agreement between City of Alameda and
Port of Oakland," whereby the City provides, through its ferry operator, ferry service to /from-
Jack London Square for a set fee paid by the Port. In June 2005, the Parties entered into the
"Amended and Restated Ferry Service Agreement between the City of Alameda and the Port of
Oakland." The Parties now wish to enter into the First Amendment to the Amended and
Restated Ferry Services Agreement.
DISCUSSION
The principal terms of the Agreement are:
• Term: The Agreement term is one year beginning July 1, 2006.
• Fee: As consideration for the City to provide ferry service through the ferry operator
to /from Jack London Square, the Port will pay to the City $83,325 for Fiscal Year
2006/2007. This is the same level of support provided by the Port in FY 2005/06.
A copy of the City/Port of Oakland Agreement is attached and on file in the City Clerk's Office.
BUDGET CONSIDERATION/FINANCIAL ANALYSIS
This project is funded under CIP# 621.20. There is no impact to the General Fund associated
with AOFS operations.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
The City's Ferry Service is consistent with the General Plan Transportation Element Guiding
Policy 4.3.f.
Report 5 -B (1)
6 -6 -06
Honorable Mayor and
Councilmembers
RECOMMENDATION
Page 2
June 6, 2006
Authorize City Manager to execute First Amendment to the Amended and Restated Ferry
Services Agreement.
Respectfully s mitted,
Matthew T. Naclerio
Public Works Director
Prepared by,
EjkinP.OA
Ernest Sanchez
Ferry Manager
MTN:ES:gc
Attachment
Cc: Measure B Watchdog Committee
G : \pubworks \pwadmin \COUNCIL\2006 \060606 \City -Port agreement report.doc
FIRST AMENDMENT
TO
ORICINAL
AMENDED AND RESTATED FERRY SERVICE AGREEMENT
BETWEEN
CITY OF ALAMEDA AND PORT OF OAKLAND
This First Amendment ( "First Amendment ") to the Amended and Restated Ferry
Service Agreement Between City of Alameda and Port of Oakland is made, entered into and
effective as of July 1, 2006, by and between the City of Oakland, a municipal corporation, acting
by and through its Board of Port Commissioners (the "Port") and City of Alameda, a municipal
Corporation (the "City ").
RECITALS
A. The Port and City are the parties to that certain Amended and Restated Ferry
Service Agreement dated as of July 1, 2005 ( "Agreement "). Unless otherwise defined herein,
capitalized terms in this First Amendment have the same meanings given in the Agreement.
B. The parties desire to extend the Agreement for the funding of the AOFS and the
Scheduled Oakland Service.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereby amend the Agreement as follows:
1. Term. The first sentence of Section 2 of the Agreement shall be amended to read:
"The term of this Agreement shall be one (1) year, commencing as of July 1, 2006
and terminating on June 30, 2007."
2. Financial Contributions. For the purpose of the calculating "Financial
Contributions" made by each of the respective Parties, Section 3.4 of the Agreement shall be
amended so that in every instance where the phrase "fiscal year 2004/2005" appears, it shall be
amended to read "fiscal year 2005/2006 ".
3. Port Contributions:
(a) The first sentence of Section 4.1 of the Agreement shall be amended to read:
"As consideration for the City to operate or cause to operate the AOFS
in accordance with the Scheduled Oakland Service, the Port shall (a)
pay to the City the sum of $83,325 for the Fiscal Year 2006/2007 (each
fiscal year begins on July 1 and ends on June 30 of the next calendar
year), which amount shall be paid in advance by the Port in four (4)
quarterly payments on July 1, 2006, October 1, 2006, January 2, 2007
and April 1, 2007 and (b) operate, maintain and provide access to the
99629 -v2
Jack London Terminal and ferry passenger parking facilities pursuant to
Paragraphs 3 and 5 herein."
(b) For the purpose of facilitating the Parties' further extension of the Agreement,
if any, Section 4.2 is amended so that every reference to a date, calendar year or fiscal year shall
be amended to refer to the same date of the next succeeding year, the next succeeding calendar
year or the next succeeding fiscal year.
4. Exhibits. All Exhibits to the Agreement are amended as attached to this First
Amendment.
5. Agreement Remains in Effect. Except as modified by this First Amendment, the
Agreement remains in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Amendment as of the
date first set forth above.
CITY OF OAKLAND, a municipal
corp • . i • , acting by and through
its oard • f Port Commissi ners
CITY OF ALAMEDA,
a municipal corporation
By: �i� / • I/ %/L By:
Name: Names: Debra Kurita
Its: E Its.: City Manager
Approve as to form and legality: Recommended for Approval:
Dated:
)i)4
Port Resolution o.: V'0.1(04
P.A. No: Q, (0-2415
99629 -v2
Lc Nay
Matthew T. Naclerio
Public Works Director
Approved as to Form,
City Attorney
By
Terri Highsmith
Assistant City Attorney
Dated:
EXHIBIT A -1
Annual Local Contribution by each of the Port and the City to the Project
Period
Port (1)(2)
City (1)(3)
July 1, 1990 -> June 31, 1991
$82,500
$82,500
July 1, 1991 -> June 31, 1992
$100,000
$21,828
July 1, 1992 -> June 31, 1993
$100,000
$225,912
July 1, 1993 -> June 31, 1994
$105,000
$105,216
July 1, 1994 -> June 31, 1995
$111,000
$95,000
July 1, 1995 -> June 31, 1996
$101,873
$93,850
July 1, 1996 -> June 31, 1997
$59,794
$59,812
July 1, 1997 -> June 31, 1998
$77,929
$83,762
July 1, 1998 -> June 31, 1999
$104,594
$81,323
July 1, 1999 -> June 31, 2000
$90,246
$104,950
July 1, 2000 -> June 31, 2001
$148,027
$123,680
July 1, 2001 -> June 31, 2002
$151,000
$269,267
July 1, 2002 -> June 31, 2003
$151,000
$427,545
July 1, 2003 -> June 31, 2004
$148,139
$381,906
July 1, 2004 -> June 30, 2005 (4)
$83,325
$548,000
July 1, 2005 -> June 30, 2006
$83,325
$586,600
TOTAL
$1,697,752
$3,291,151
(1) Figures are actuals.
(2) Contribution from Port of
Oakland Operating Funds (does
not include operating funds the
Port spends on operation and
maintenance of the Jack London
Terminal, its Floats and Ferry
parking)
(3) Contribution from City of
Alameda Regional Measure B
revenue.
(4) Figures reported for 4 quarters
EXHIBIT B -1
Leave
Oakland
FERRY SCHEDULE - Weekday
Schedule Effective July 1, 2006 through June 30, 2007
To San Francisco
Leave
Alameda
Arrive
Ferry Bldg.
Arrive
Pier 39 /SF Wharf
6:00
6:10
6:30
--
7:05
7:15
7:35
--
8:10
8:20
8:40
--
9:15
9:25
9:45
10:00
11:00
10:50
11:30
11:45
12:45
12:35
1:15
1:30
2:30
2:20
3:00
3:10
4:40
4:30
5:10
--
5:50
5:40
6:15
--
6:20^
6:10^
--
7:00
6:55
6:45
7:20
--
7:55
7:45
8:20
--
8:55
8:45
--
9:25
Summer weekend schedule in effect on Memorial Day, July 4th and Labor Day.
^On Giants game days, departure goes directly to the ball park and do not go to Pier
39/Fisherman's Wharf area.
Leave
Pier 39 /SF Wharf
EXHIBIT B -2
FERRY SCHEDULE - Weekdays
Effective July 1, 2006 through June 30, 2007
From San Francisco
Leave
Ferry Bldg.
Arrive
Alameda
Arrive
Oakland
--
6:30
7:15
7:05
--
7:35
8:20
8:10
--
8:40
9:25
9:15
10:15
10:30
10:50
11:00
12:00
12:15
12:35
12:45
1:45
2:00
2:20
2:30
3:45
4:10
4:30
4:40
--
5:20
5:40
5:50
5:20
5:45
6:10
6:20
--
6:25
6:45
6:55
7:25
7:45
7:55
--
8:25
8:45
8:55
There is no service on Thanksgiving, Christmas, or New Year's Day.
Summer weekend schedule in effect on Memorial Day, July 4th and Labor Day.
Leave
Oakland
EXHIBIT B -3
Weekend & Holiday Schedule
Summer
Effective July 1, 2006 through October 29, 2006
And
May 19, 2007 through June 30, 2007
To San Francisco
Leave
Alameda
Arrive
Ferry Bldg.
Arrive
Pier 39 /SF Wharf
9:00
9:10
--
9:35+
10:40
10:25
11:10
11:25
12:20
12:10
12:50
1:05
1:55
1:45
2:25
2:40
4:00
3:45
4:30
4:45
5:45
5:30
--
6:20
7:20
7:05
7:50
8:05
8:55*
8:45*
9:20*
9:30*
10:30*
10:20*
- --
11:00*
*On July 4th, this run canceled due to fireworks display.
+Connects with SF Pier 41/39 ferry to Angel Island State Park.
Summer weekend schedule in effect on Memorial Day, July 4 and Labor Day.
Leave
Pier 39 /SF Wharf
EXHIBIT B -4
Ferry Schedule
Weekend & Holiday Schedule
Summer
Effective July 1, 2006 through October 29, 2006
And
May 19, 2007 through June 30, 2007
From San Francisco
Leave
Ferry Bldg.
Arrive
Alameda
Arrive
Oakland
8:30
--
9:10
9:00
9:45
10:00
10:20
10:35
11:35
11:50
12:10
12:20
1:10
1:25
1:45
1:55
2:50#
--
3:45
3:55
4:55
5:10
5:30
5:40
6:30
6:45
7:05
7:15
8:10*
8:25*
8:45*
8:55*
9:40*
9:55*
10:15
10:25
*On July 4th, this run canceled due to fireworks display.
#To East Bay via Angel Island State Park.
Summer weekend schedule in effect on Memorial Day, July 4 and Labor Day.
Leave
Oakland
EXHIBIT B -5
WEEKEND & HOLIDAY SCHEDULE
Spring
Effective: March 3, 2007 through May 13, 2007
To San Francisco
Leave Arrive Arrive
Alameda Ferry Bldg. Pier 39 /SF Wharf
10:00
10:10
10:30
10:45
11:30
11:20
12:00
12:15
1:45
1:30
2:20
2:35
4:15
4:05
4:45
4:55
5:45
5:35
--
6:25
7:10
7:00
--
7:50
Leave
Pier 39 /SF Wharf
From San Francisco
Leave
Ferry Bldg.
Arrive
Alameda
Arrive
Oakland
9:15
9:25
10:10
9:55
10:50
--
11:20
11:30
1:00
1:10
1:30
1:45
3:30
3:45
4:05
4:15
5:00
5:15
5:35
5:45
6:30
6:40
7:00
7:10
C: \TEMP\EXHIBITS FOR 1ST AMENDMENT.DOC
Leave
Oakland
EXHIBIT B -6
WEEKEND & HOLIDAY SCHEDULE
Fall
Effective: November 4, 2006 through December 31, 2006
Leave
Alameda
To San Francisco
Arrive
Ferry Bldg.
Arrive
Pier 39 /Sf Wharf
10:00
10:10
10:30
10:45
11:30
11:20
12:00
12:15
1:45
1:30
2:20
2:35
4:15
4:05
4:45
4:55
5:45
5:35
--
6:25
7:10
7:00
--
7:50
Leave
Pier 39 /SF Wharf
From San Francisco
Leave
Ferry Bldg.
Arrive
Alameda
Arrive
Oakland
9:15
9:25
10:10
9:55
10:50
--
11:20
11:30
1:00
1:10
1:30
1:45
3:30
3:45
4:05
4:15
5:00
5:15
5:35
5:45
6:30
6:40
7:00
7:10
Leave
Oakland
9:00 a.m.
EXHIBIT B -7
FERRY SCHEDULE - ANGEL ISLAND
WEEKENDS
July lthrough October 29, 2006
And
May 19, 2007 through June 30, 2007
To Angel Island
Leave
Alameda
Arrive
Angel Island
9:10 a.m.
10 a.m.
Leave
Angel Island
From Angel Island
Arrive
Alameda
Arrive
Oakland
3:10 p.m.
3:45 p.m.
3:55 p.m.
C: \TEMP\EXHIBITS FOR 1ST AMENDMENC.DOC
EXHIBIT B -8
FERRY SCHEDULE — Ball Park Giants Game schedule
Weekend Day and Holiday Games
Depart
Oakland
July through October 2006
And
April through June 2007
To SBC Park
Depart
Alameda
Arrive
SBC Park
11:30 p.m.
11:50 p.m.
12:20 p.m.
Return ferry departs SBC Park 20 minutes after game ends but in no case later that 11:20
p.m.
Depart
Oakland
Weekday Night Games
July 1 through October 2006
And
April through June 2007
To SBC Park
Depart
Alameda
Arrive
SBC Park
6:15 p.m.
6:30 p.m.
7:00 p.m.
Return ferry departs SBC Park 20 minutes after game ends but in no case later that 11:00
p.m.
C: \TEMF\EXHIBITS FOR 1ST AMENDMENT.DOC
EXHIBIT B -9
HOLIDAY FERRY SCHEDULE
FY `06/07
HOLIDAY SCHEDULE
Martin Luther King Day Regular weekday schedule
Presidents' Day No Service
Easter, Sunday Spring Weekend
Memorial Day, Monday Summer Weekend
July 4 Summer Weekend
Labor Day, Monday Summer Weekend
Thanksgiving No Service
Christmas Day No Service
Day after Christmas Regular Weekday
C: \TEMP\EXHBITS FOR 1ST AMENDMENT.DOC
CITY OF ALAMEDA
MEMORANDUM
Date: June 6, 2006
To: Honorable Mayor and
Councilmembers
From: Debra Kurita
City Manager
Re: Recommendation to Authorize City Manager to Execute Extension of Blue & Gold Fleet
Operating Agreements with the Alameda/Oakland Ferry Service (AOFS) and Adopt
Associated Budgets
BACKGROUND
On August 1, 2004, the City and Blue & Gold Fleet (the Parties) entered into the Agreement for
Alameda/Oakland Ferry Service (Agreement). The Agreement is a Cost Plus Fixed Fee contract
wherein the operator receives a fixed management fee while operational costs are passed through
to the City to be paid in advance on a monthly basis. In September 2003, the parties amended
the Agreement (First Amendment) to revise and clarify insurance provisions. In June 2005, the
parties amended the Agreement (Second Amendment) extending the terms for one year from
July 1, 2005 through June 30, 2006. In December 2005, the parties amended the Agreement
(Third Agreement) to extend the deadline if the agreement is extended for FY 2006 -2007. In
December 2005, the parties amended the Agreement (Fourth Agreement) to set fees, labor and
maintenance rates and capped expenses if the agreement is extended for FY 2006 -2007. The
Parties now wish to amend the Agreement to extend the contract for one year beginning July 1,
2006.
DISCUSSION
Under the proposed amendment, service levels, schedules and fares will not change. Principal
Amendment terms are:
• Term: One year beginning July 1, 2006 with up to two additional one -year extensions.
• Budget: The AOFS FY 2006/2007 budget totals $3,843,142 compared to projected
expenses for 2005/2006 of $3,442,721. The change is mainly due to the increased cost of
fuel, insurance, Port of San Francisco fees. The budget is based on the assumption that
fares will remain at current levels and that fuel costs will on average remain at $2.50 per
gallon or less. If fuel costs exceed that level, either fares will have to be increased
(perhaps through a Fuel Surcharge) or operational expenses reduced. AOFS expenses are
detailed in Table 1 (see Tables).
• Revenue: Public funding totals $2,099,842 and is provided from Regional Measure 1,
Measure B, the Port of Oakland and revenue from rental of the Encinal to Nichols
Brothers Boat Builders (see Table 3). In addition, farebox revenue is estimated at
$1,743,300 and assumes 390,000 tickets sold at an average fare of $4.47.
• Expenses: Major expense items are operator fees, fuel and City costs.
Report 5 -B (2)
6 -6 -06
❑ Operator Fees: B &GF will receive fixed management and administration
overhead fees of $207,301 compared to $203,236 in FY 2005/2006. In addition,
there is a performance incentive based on customer satisfaction survey results and
on time performance. The available 12 -month performance based incentive will
be $80,616 compared to $79,036 in 2005/06. Total operator fees (overhead,
management and performance based) will be $287,917 compared to $282,272 for
the same period the prior year. This 2% increase reflects increases in B &GF's
operating expenses including Pier 39 rent, insurance, and administration labor.
❑ Fuel: Fuel is budgeted at $852,500 for 341,000 gallons at $2.50 per gallon. This
compares with the budgeted $682,000 for 341,000 gallons in 2005/2006 ( @$2.00
per gallon). Actual FY 2005 /2006 fuel expense is projected to be $690,000.
❑ City Costs: City expenses are expected to be $670,071 compared to $529,968
projected for FY 2005/2006. (see Table 2). City costs include $96,692 for
marketing, $250,000 for operating contingency, and $88,036 for Main Street ferry
terminal maintenance. The increase reflects increases in marketing, operations
contingency, and a contribution of $82,210 to the vessel maintenance reserve
accounts.
• Farebox Recovery Ratio: Based on adoption of the above recommendations, AOFS
Farebox Recovery Ratio for FY 2006/2007 is projected to be 49.65% (see Table 4).
A copy of the B &GF agreement is on file in the City Clerk's office.
BUDGET CONSIDERATION/FINANCIAL ANALYSIS
The AOFS is budgeted under CIP# 621.20. There is no impact to the General Fund associated
with AOFS operations.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
The City's Ferry Service is consistent with the General Plan Transportation Element Guiding
Policy 4.3.f.
RECOMMENDATION
Authorize City Manager to execute Extension of Blue & Gold Fleet Operating Agreement for the
Alameda/Oakland Ferry Service (AOFS) and adopt associated budgets.
Respect fy y submitted,
Matthe . Naclerio
Public Works Director
MTN:ES:gc
Attachments
Tables 1 -4
Agreement
cc: Measure B Watchdog Committee
G:\ pubworks\ pwadmin \COUNCIL\2006 \060606\B &GF extension.doc
Prepared by,
Ernest Sanchez
Ferry Manager
AOFS Table 1
Budget
Attachment for Blue & Gold Fleet
Projected
Actual
Cap
EXPENSES
FY 20006/07
FY 20005/06
FY '04/05
Vessel Expenses:
No
Wages
$1,326,483
1,319,529
$1,317,076
No
Maintenance:
Pier 9
$170,000
173,409
$83,260
Outside contractors
$170,000
177,818
$234,145
No
Fuel (1)(2)
$852,500
679,438
$513,764
No
Insurance
$204,735
119,656
$154,266
No
Rental of Carrier boats
$10,000
23,205
$9,496
Yes
Other
$0
14,122
$11,280
Total Vessel
$2,733,718
$2,507,177
$2,323,287
Non Vessel Expenses:
Yes
Contract services
$3,167
45
$0
Yes
Professional fees /legal
$12,668
8,930
$1,866
Yes
Customer Service
$36,788
28,819
$33,209
Yes
Taxes/ licenses
$15,202
11,859
$40
No
Insurance (facilities)
$0
0
$12,093
Yes
Port SF/ Pier 39 fees
$83,611
73,651
$61,054
Subtotal Non Vessel
$151,436
$123,304
$108,262
Operator Fees:
Yes
Admin /Overhead fees
$47,895
46956
$45,368
Yes
Management
$159,406
$156,280
$150,995
Yes
Performance Bases Fee:
On Time Performance
$40,308
$39,518
$38,182
Customer Satisfaction
$40,308
$39,518
$38,182
Subtotal fees
$287,917
$282,272
$272,727
Sub Total /Operator
expenses
$3,173,071
$2,912,753
$2,704,276
City cost
$670,071
$529,968
$354,711
Total (City + Operator)
REVENUE
$3,843,142
$3,442,721
$3,058,987
$3,843,142
$3,442,721
$3,168,508
(1) Assumes 341,000 gals @
$2.50 /gal.
Table 2
City Expenses
Budget Projected Actual
ITEM
FY '06/07
FY '05/06
FY '04/05
Operations:
Docking fees:
Ferry Bldg.
$36,000
$36,000
$36,267
SBC Park (Giants)
$900
900
0
MUNI
$11,075
$11,075
12,536
Marketing
$96,692
$82,940
55,216
Administration:
City Admin(1)
$89,700
$89,700
$152,474
MTC SRTP(2)
$0
$2,591
$0
Audit
$2,000
$1,905
$1,905
Office supplies
$2,658
$2,658
$1,697
Surveys
$8,000
$6,439
$11,014
Subtotal
$247,025
$234,208
$271,109
Reserves:
Long Term Vessel Maintenance
Reserve:
Encinal $30,200
$0
$0
Peralta
$52,010
$0
$0
Operations Contingency
$250,000
$205,000
n.a
subtotal reserves
$332,210
$205,000
$0
Main Street terminal:
Facility Security Officer (Main St.)
$0
$0
$10,650
Utilities (Main St.)
$3,000
$2,924
$2,624
Main St Maintenance
$9,836
$9,836
$24, 747
Main Street Patrol Guard
$78,000
$78,000
$45,581
subtotal Main Street
$90,836
$90,760
$83,602
Total
$670,071
$529,968
$354,711
(1) 3/4 of a $92,000 /yr staff position.
(2) Short Range Transit Plan not
required in '06/07.
Table 3
City Ferry Services FY 2006/07
Revenue
Source
Total
AHBF
AOFS
Farebox
$2,327,500
$584,200
$1,743,300
MTC RM1 -5%
$1,492,647
$450,000
$1,042,647
Measure B '06/07 revenue
$752,930
$144,400
$608,530
Measure B reserve
$200,000
$25,000
$175,000
Port of Oakland
$83,325
$0
$83,325
Other revenues (rental)
$190,340
$0
$190,340
TIF:,
Ferry operations
$207,400
$207,400
0
HB terminal
$40,000
$40,000
0
Subtotal TIF
$247,400
$247,400
$0
LLMD 84 -2 /terminal
$61,444
$61,444
$0
Total
$5,355,586
$1,512,444
$3,843,142
Table 4
AOFS
Farebox Recovery Ratio
Total expenses
$3,843,142
Less reserve accounts &
contingency
$332,210
subtotal operations
$3,510,932
Farebox
$1,743,300
FRR
49.65%
G: \pubworks \pwadmi n \COUNCIL\2006 \060606 \B &GFattach.doc
FIFTH AMENDMENT
TO
ALAMEDA/OAKLAND FERRY SERVICE AGREEMENT
THIS FIFTH AMENDMENT TO THE ALAMEDA/OAKLAND FERRY SERVICE
AGREEMENT ( "Second Amendment ") is entered into and effective on
2006, by and between the CITY OF ALAMEDA, a municipal corporation existing under the law
of the State of California and its Charter ( "City ") and BLUE & GOLD FLEET, L.P., a
Delaware limited partnership ( "Carrier "), with reference to the following facts, understandings
and intentions:
RECITALS
A. On August 1, 2004, the City and Carrier entered into the Alameda/Oakland Ferry
Service Agreement ( "Agreement "), in which Carrier agreed to operate the Alameda/Oakland
Ferry Service.
B. On September 3, 2004, the parties amended the Agreement (the "First
Amendment ") to revise and clarify certain insurance provisions.
C. On June 7, 2005, the parties amended the Agreement ( "Second Amendment ") to
extend the terms of the Agreement for one year from July 1, 2005 through June 30, 2006.
D. On December 15, 2005, the parties amended the Agreement ( "Third
Amendment ") to extend the deadline by which the City Manager Parties must approve or reject
proposed Administrative /Overhead, Management and Performance Based fees, labor and
maintenance rates, and capped expenses in effect if the Agreement is extended for FY 2006/07.
E. In December 2005, the Parties amended the Agreement ( "Fourth Agreement ") to
set the Administrative /Overhead, Management and Performance Based fees, labor and
maintenance rates, and capped expenses in effect if the Agreement is extended for FY 2006/07.
F. City and Carrier desire to further amend the Agreement on the terms and
conditions set forth herein.
NOW, THEREFORE, in consideration of the terms, conditions and covenants set forth
below and other good and valuable consideration, the parties hereto agree as follows:
1. Section 1.15(a), Permits; Charges; Taxes, is hereby modified through the
replacement of the second sentence (beginning with "City shall pay actual cost...) in its entirety
with:
"City shall pay actual cost of these items up to, but not in excess of, Fifteen Thousand
Two Hundred and Two Dollars ($15,202) as specified in "Exhibits D -1" and "D -4"
attached hereto."
5th Amendment to AOFS
G:\pubworks \ transit \FERRY\B &GF Contracts \2006-07 amendme n.doc
Page: 1
Blue & Gold Fleet
2. Sections 2.1(a), Description, is hereby replaced in its entirety with the following:
"A fixed management fee (the "Management Fee ") for the initial 12- months, One
Hundred and Fifty Nine Thousand Four Hundred and Six Dollars ($159,406), and as
shown on "Exhibits D -1" and "D -4" attached hereto. The Management Fee shall remain
fixed for the Term."
3. Sections 2.1(b), Description, is hereby replaced in its entirety with the following:
"In addition to the Management Fee, Carrier may receive performance based fees
( "Performance Based Fees ") of up to Eighty Thousand Six Hundred and Sixteen Dollars
($80,616) as shown on Exhibits D -1 and D -4, attached hereto, and pursuant to Exhibits
E -1 and E -2, attached hereto. Performance Based Fees are comprised of: (i) On Time
Performance, and (ii) Customer Satisfaction based fees (as such terms are defined and
described in Exhibit E -1, attached hereto). City shall review the performance data
quarterly, and shall notify Carrier of the results no later than the last day of the last month
in a three (3) month period. If the commencement date of this Agreement occurs on a
day other than the first day of a quarter, then the available Performance Based Fees (as
defined below) for such fractional quarter shall be pro -rated by multiplying the quarterly
Performance Based Fees by a fraction, the numerator of which shall be the actual number
of days remaining in such quarter including and after the commencement date, and the
denominator of which shall be the actual number of days in such quarter. The portion, if
any, of the available Performance Based Fee due Carrier shall be determined by the
percentage of On Time Performance attained and Customer Satisfaction survey results.
For the period July 1, 2006 through June 30, 2007, the Performance Based Fee periods
shall be deemed to be: July /September; October/December; January/March; and
April /June. If due, the portion of the Performance Based Fees shall be paid within thirty
(30) days of receipt by City of invoice after completion of the review and in accordance
with Exhibit E -1, attached hereto. The terms and conditions governing payment of
Performance Based Fees are more fully set forth in "Exhibit E ", attached hereto."
4. Sections 2.1(c), Description, is hereby replaced in its entirety with the following:
"A fixed fee for administrative and overhead (the "Administrative and Overhead Fee "),
including but not limited to dispatching, accounting, ticket sales, and general
administration, at the annual rate of Forty -Seven Thousand Eight Hundred Ninety -Five
Dollars ($47,895) as shown on "Exhibits D -1" and "D -4 ", attached hereto. The
Administrative and Overhead Fee shall remain fixed for the Term."
5. Section 3.1(a), Commencement and Duration, is replaced in its entirety with:
"The term of this Fifth Amendment shall commence on July 1, 2006 and end on June 30,
2007 (the "Term "). Subject to Section 3.1(b) below, City shall have the option of
extending the Term in increments of one (1) year for up to two (2) additional years, but
not beyond June 30, 2009. The Initial Term, as such term may be extended by City shall
be referred to herein as the "Term ".
5th Amendment to AOFS
G:tpubworksltmnsit\FE.RR' &GFConuaas\2006 -0TFlNi amendmen doc
Page: 2
Blue & Gold Fleet
6. Exhibit C of the Agreement is hereby replaced in its entirety with "Exhibit C"
attached hereto.
7. Exhibits "D -1 ", "D -4, revised Fee Schedule" and Exhibit D -5" of the Agreement
are hereby replaced in their entirety with "Exhibit D -1 ", "Exhibit D -4 ", and "D -5"
attached hereto.
8. Exhibit E of the Agreement is hereby replaced in its entirety and replaced with
"Exhibit E" attached hereto.
9. Except as otherwise expressly modified by the terms of this Fifth Amendment, the
Agreement remains unchanged and in full force and effect. In the event of any conflict or
inconsistency between the terms of this Fifth Amendment and the terms of the
Agreement, the terms of this Fifth Amendment shall control.
10. This Fifth Amendment may be executed in counterparts, each of which shall
constitute an original, and all of which together shall constitute one and the same
instrument.
5th Amendment to AOFS
G:\pubworks \transil\FERRY\B &GF Contrags\2006- 07 Filih amendma t.doc
Page: 3
Blue & Gold Fleet
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day
and year first above written.
BLUE & GOLD FLEET, L.P.,
A Delave Limited Partnership
CITY OF ALAMEDA,
A Municipal Corporation
Ron Duckhorn Debra Kurita
President City Manager
Sth Amendment to AOFS
G:tpubworks\ transit FERRY\B &GF Contrads\200G- 07\Fiflh amendment doc
Page: 4
RECOMMENDED FOR APPROVAL:
atthew T. Naclerio
Public Works Director
APPROVED AS TO FORM:
Teresa L. Highsmith
Assistant City Attorney
Blue & Gold Fleet
Leave
Oakland
Exhibit C - 1.a
AOFS - Weekdays
Effective July 1, 2006 through June 30, 2007
To San Francisco
Leave
Alameda
Arrive
Ferry Bldg.
Arrive
Pier 41 /SF Wharf
6:00
6:10
6:30
--
7:05
7:15
7:35
--
8:10
8:20
8:40
--
9:15
9:25
9:45
10:00
11:00
10:50
11:30
11:45
12:45
12:35
1:15
1:30
2:30
2:20
3:00
3:10
4:40
4:30
5:10
--
5:50
5:40
6:15
--
6:20^
6:10^
--
7:00
6:55
6:45
7:20
--
7:55
7:45
8:20
--
8:55
8:45
--
9:25
ummer weekend schedule in effect on Memorial Day, July 4th and Labor Day.
^On Giants game days, departures go directly to Pacific Bell park and do not go to Pier 41.
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Blue & Gold Fleet
Leave
Pier 39 /SF Wharf
Exhibit C.1 b
AOFS - Weekdays
Effective July 1, 2006 through June 30, 2007
From San Francisco
Leave
Ferry Bldg.
Arrive
Alameda
Arrive
Oakland
--
6:30
7:15
7:05
--
7:35
8:20
8:10
--
8:40
9:25
9:15
10:15
10:30
10:50
11:00
12:00
12:15
12:35
12:45
1:45
2:00
2:20
2:30
3:45
4:10
4:30
4:40
--
5:20
5:40
5:50
5:20
5:45
6:10
6:20
--
6:25
6:45
6:55
- --
7:25
7:45
7:55
--
8:25
8:45
8:55
ere is no service on Thanksgiving, Christmas, or New Year's Day.
Summer weekend schedule in effect on Memorial Day, July 4th and Labor Day.
5th Amendment to AOFS
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Blue & Gold Fleet
Leave
Oakland
Exhibit C -2a
AOFS Weekend Holiday Schedule
Summer
Effective July 1, 2006 ** through October 29, 2006
and
May 19, 2007 through June 30, 2007
To San Francisco
Leave
Alameda
Arrive
Ferry Bldg.
Arrive
Pier 41 /SF Wharf
9:00
9:10
--
9:35+
10:40
10:25
11:10
11:25
12:20
12:10
12:50
1:05
1:55
1:45
2:25
2:40
4:00
3:45
4:30
4:45
5:45
5:30
--
6:20
7:20
7:05
7:50
8:05
8:55*
8:45*
9:20*
9:30*
10:30*
10:20*
- --
11:00*
*On July 4th, this run canceled due to fireworks display.
Summer weekend schedule in effect on Memorial Day, July 4 and Labor Day.
+Connects with Service to Angel Island.
* *Regular weekday schedule in effect on Monday, July 3.
5th Amendment to AOFS
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Blue & Gold Fleet
Exhibit C -2b
Leave
Pier 41 /SF Wharf
AOFS
Weekend & Holiday Schedule
Summer
Effective July 1, 2006 * *through October 29, 2006
and
May 19, 2007 through June 30, 2007
From San Francisco
Leave
Ferry Bldg.
Arrive
Alameda
Arrive
Oakland
8:30
--
9:10
9:00
9:45
10:00
10:20
10:35
11:35
11:50
12:10
12:20
1:10
1:25
1:45
1:55
2:50#
--
3:45
3:55
4:55
5:10
5:30
5:40
6:30
6:45
7:05
7:15
8:10*
8:25*
8:45*
8:55*
9:40*
9:55*
10:15
10:25
*On July 4th, this run canceled due to fireworks display.
Summer weekend schedule in effect on Memorial Day, July 4 and Labor Day.
* *Regular weekday schedule in effect on Monday, July 3.
#To East Bay via Angel Island.
5th Amendment to AOFS
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Blue & Gold Fleet
Leave
Oakland
Exhibit C -2c
AOFS WEEKEND & HOLIDAY SCHEDULE
Spring
Effective: March 3, 2007 through May 13, 2007
To San Francisco
Leave Arrive
Alameda Ferry Bldg.
Arrive
Pier 41 /SF Wharf
10:00
10:10
10:30
10:45
11:30
11:20
12:00
12:15
1:45
1:30
2:20
2:35
4:15
4:05
4:45
4:55
5:45
5:35
--
6:25
7:10
7:00
--
7:50
Leave
Pier 41 /SF Wharf
From San Francisco
Leave
Ferry Bldg.
Arrive
Alameda
Arrive
Oakland
9:15
9:25
10:10
9:55
10:50
--
11:20
11:30
1:00
1:10
1:30
1:45
3:30
3:45
4:05
4:15
5:00
5:15
5:35
5:45
6:30
6:40
7:00
7:10
5th Amendment to AOFS
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Blue & Gold Fleet
Leave
Oakland
Exhibit C -2d
AOFS WEEKEND & HOLIDAY SCHEDULE
Fall
Effective: November 4, 2006 through December 31, 2006
To San Francisco
Leave
Alameda
Arrive
Ferry Bldg.
Arrive
Pier 41 /Sf Wharf
10:00
10:10
10:30
10:45
11:30
11:20
12:00
12:15
1:45
1:30
2:20
2:35
4:15
4:05
4:45
4:55
5:45
5:35
--
6:25
7:10
7:00
--
7:50
Leave
Pier 41 /SF Wharf
From San Francisco
Leave
Ferry Bldg.
Arrive
Alameda
Arrive
Oakland
9:15
9:25
10:10
9:55
10:50
--
11:20
11:30
1:00
1:10
1:30
1:45
3:30
3:45
4:05
4:15
5:00
5:15
5:35
5:45
6:30
6:40
7:00
7:10
5th Amendment to AOFS
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Blue & Gold Fleet
Leave
Oakland
EXHIBIT C -3
AOFS
ANGEL ISLAND
WEEKENDS And Holidays
July 1, 2006 through October 29, 2006
and
May 19, 2007 through June 30, 2007
Leave
Alameda
To Angel Island
Arrive Pier 41
Transfer To Arrive
Angel Is. boat Angel Island
9:00 a.m.
9:10 a.m.
9:35
9:45
10 a.m.
Leave
Angel Island
From Angel Island
Arrive
Alameda
Arrive
Oakland
3:10 p.m.
3:45 p.m.
3:55 p.m.
5th Amendment to AOFS
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Blue & Gold Fleet
Depart
Oakland
EXHIBIT C -4
AOFS
SBC Park/ Giants Games
WEEKEND DAY GAMES
July through October 2006
and
April through June 2007
To SBC Park
Depart
Alameda
Arrive
Pac Bell
11:30 p.m.
11:50 p.m.
12:20 p.m.
Return ferry departs SBC Park 20 minutes after game ends but in no case later that 11:30 p.m,.
Depart
Oakland
WEEKDAY NIGHT GAMES
April through October 2006
and
April through June 2007
To SBC Park
Depart
Alameda
Arrive
Pac Bell
6:15 p.m.
6:20 p.m.
7:00 p.m.
Return ferry departs SBC Park 20 minutes after game ends but in no case later that 11:30 p.m,.
5th Amendment to AOFS
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Blue & Gold Fleet
Exhibit C -5
AOFS HOLIDAY FERRY SCHEDULE
FY `06/07
HOLIDAY SCHEDULE
Martin Luther King Day Regular weekday schedule
Presidents' Day No Service
Easter Sunday Spring Weekend
Memorial Day, Monday Summer Weekend
July 4 Summer Weekend
Labor Day, Monday Summer Weekend
Thanksgiving No Service
Christmas Day No Service
Day after Christmas Regular Weekday
New Year's Day No Service.
5th Amendment to AOFS
G:\pubworks \hansItTERRY\B &GF Contrac1s\2006- O7Fif1 amendmrnl.doc
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Blue & Gold Fleet
Exhibit D -1,
Pro Forma Budget- FY 2006/07
Cap
EXPENSES
Vessel Expenses:
No
Wages
AMOUNT
$1,326,483
No
Maintenance:
Pier 9
$170,000
Outside contractors
$170,000
No
Fuel
$852,500
No
Insurance
$204,735
No
Rental of Carrier boats
$10,000
Yes
Other
$0
Total Vessel
$2,733,718
Non Vessel Expenses:
Yes
Contract services
$3,167
Yes
Professional fees /legal
$12,668
Yes
Customer Service
$36, 788
Yes
Taxes/ licenses
$15,202
No
Insurance (facilities)
$0
Yes
Port SF/ Pier 39 fees
$83,611
Subtotal Non Vessel
$151,436
Operator Fees:
Yes
Admin /Overhead fees
$47,895
Yes
Management
$159,406
Yes
Performance Bases Fee:
On Time Performance
$40,308
Customer Satisfaction
$40,308
Subtotal fees
$287,917
Total Operator expenses
$3,173,071
5th Amendment to AOFS
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Blue & Gold Fleet
FIXED FEES
Exhibit D -4 — FY 2006/07 Fee Schedule
Rate/
Amount
Basis
Comment
Management Fee /Profit
$13,283.83
Monthly
Fixed Fee /Pro rated on
a daily basis
Administration and Overhead
(Dispatch /accounting /admin.)
$3,991.25
Monthly Fixed Fee /Pro rated on
a daily basis
Performance Based Fee:
On Time Performance
$10,077.00
DIRECT EXPENSES
Customer Satisfaction
Hourly cost per crewmember(1) :
Quarterly
$10,077.00
Quarterly
ctual compensation
based on performance
ctual compensation
based on performance
Effective 7/1/06 through 12/31/06
$37.77
Effective 1/1/07 through 6/30/07(2)
Cost per mechanic time card hour(3):
Effective 7/1/06 through 12/31/06
$38.35
Hourly
Hourly
Fixed Rate
Fixed Rate
$104.49
Effective 1/1/07 through 6/30/07(2)
$106.10
Hourly
Hourly
Fuel
PASS THROUGH EXPENSES
Fixed Rate
Fixed Rate
N/A
Lube & Oil
N/A
Maintenance parts and supplies
N/A
Subcontractor Repairs (prior City approval required)
N/A
N/A
N/A
N/A
N/A
Actual Cost
Actual Cost
Actual Cost
Actual Cost
Vessel Capital Repairs (prior City approval required)
N/A
N/A Actual Cost
Misc. Expenses (prior City approval required)
N/A
N/A Actual Cost
Minor Main St. and JLS Barge Repairs (prior City or
Port approval required)
N/A
N/A Actual Cost
(1) Includes all wages, benefits, workers compensation,
pension payments, vacation, payroll taxes. "Hourly billing
rate per crew man hour" will be used for billing purposes.
(2) Estimated Rate. Actual rate to be set in B &GF /MMP
contract in effect on 1/1/07.
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Blue & Gold Fleet
(3) Includes a) all wages, benefits and indirect costs for
operator employees or subcontractors used by operator
for routine and non -major repairs and b) maintenance
facility costs such as: I) contract repairs on equipment
and facilities; ii) office supplies; iii) parts, tools and
hardware; iv) vessel janitorial supplies; v) utilities; vi)
insurance; vii) rent; viii) taxes and license; ix) tube oil and
deposit fees; x) deck lines.
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Blue & Gold Fleet
Exhibit D -5
Insurance Schedule
Insurance Schedule 2006/2007
(Vessels)
Coverage
Limits
Estimated
Premium
Deductible
Hull and Machinery:
Encinal
$2,300,000
$13,653
$25,000
Peralta
$5,500,000
$32,648
$50,000
Protection and indemnity
$25,000,000
$103,929
$25,000
Marine General Liability
$25,000,000
$12,046
$5,000
General Liability (non marine)
$161,000,000
included
Bumbershoot (A)
, ,,,-, ,@
Total
$186,123
(A) Per the First Amendment to the Agreement this coverage was reduced to limits already provided by the $25M MGL policy.
5th Amendment to AOFS
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Blue & Gold Fleet
Exhibit E
PERFORMANCE MEASURES
A maximum of $80,616 will be allocated to the Carrier on the basis of performance
measurements. The performance measurements will be on -time performance and
customer satisfaction. Of the $80,616, a maximum of $40,308 is available for on -time
performance and a maximum of $40,308 is available for customer satisfaction. The
performance based fee due the Carrier (if any) shall be paid on a quarterly basis. If the
commencement date of this Agreement occurs on a day other than the first day of a
quarter, then the performance based fee due the Carrier (if any) for such fractional quarter
shall be prorated by multiplying the quarterly performance based fee by a fraction, the
numerator of which shall be the actual number of days remaining in such quarter
including and after the commencement date, and the denominator of which shall be the
actual number of days in such quarter. At each monthly meeting, the City will notify the
Carrier of the results of on -time performance monitoring and of any reliability failures
(see Section 4.10(f) above). In the event that the Carrier believes that Carrier's failure to
meet on time performance goals was due to causes beyond Carrier's control (as defined
in Section 4.10(b)(iii) above), it is the Carrier's responsibility to provide documentation
demonstrating this claim within ten (10) days of the event.
On -Time Performance ( "OTP "): A vessel's arrival is defined as on time if the
actual arrival time is not later than five (5) minutes beyond the published arrival time. If
the Carrier achieves a 97% or better OTP record during a quarter, Carrier will receive a
quarterly OTP incentive payment of $10,077.10. If the Carrier's quarterly OTP is less
than 97 %, but equal to, or greater than 95 %, the Carrier shall receive a quarterly OTP of
$8,061.60. If OTP falls below 95 %, the Carrier shall receive no OTP incentive for that
quarter.
OTP will be measured by the City on four (4) randomly selected days each
quarter as follows: two (2) non - holiday weekdays and two (2) weekend days. The City
may record arrival times through any or all of the following techniques:
1. The City's agent will record the arrival time of the vessels. The Arrival
time will be the point at which the vessel has been tied up to the dock and the passenger
loading ramp has been secured in place ready for passengers to disembark.
2. Vessel arrival time will be automatically recorded through the activation
of the Alameda Main Street Terminal passenger gate. Vessels crews will activate the
gate immediately after the passenger ramp is secured in place for passenger loading.
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Blue & Gold Fleet
3. Vessel arrival times will be electronically recorded via the use of a City -
supplied electronic reader. Upon securing the passenger boarding ramp, crews will
record the arrival time by swiping the electronic reader over a station location button on
the dock in near proximity to the vessel.
Customer Satisfaction: The City will measure customer satisfaction ( "Customer
Satisfaction ") once each quarter via a self - administered questionnaire distributed onboard
the Alameda/Oakland Ferry Service. The form of customer satisfaction questionnaire is
attached as Exhibit E -2 to the Agreement. The City will provide onboard survey
monitors to distribute, explain and collect questionnaires. Questionnaires will be
distributed onboard the Alameda/Oakland Ferry Service over two (2) days, from 6:00
a.m. through 8:30 a.m. on one day and from 3:45 p.m. through 9:00 p.m. on a second day.
Responses on the quarterly survey will be averaged together to the nearest hundredth for
a customer satisfaction average ( "Customer Satisfaction Average ").
Customer Satisfaction Base Line ( "CSBL "): The CSBL of 3.872 was established
onboard the Alameda/Oakland Ferry Service in June and August 2001. If the quarterly
Customer Satisfaction Average falls below the CSBL, the Carrier will receive no
customer satisfaction incentive for that quarter. If the Customer Satisfaction Average for
a particular quarter is equal to or greater than 3.872 but less than 4.000, the Carrier shall
receive the maximum quarterly customer satisfaction incentive payment for that quarter
of 80% of $10,077.00 or $8,061.60. If the Carrier achieves a Customer Satisfaction
Average for a particular quarter that is equal to or greater than 4.000, the Carrier shall
receive the maximum quarterly customer satisfaction incentive payment for that quarter
which is $10,077.00.
5th Amendment to AOFS
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Blue & Gold Fleet
EXHIBIT F
FARES
I. Fares between Alameda, Oakland, San Francisco Ferry Building, S.F. Pier
41, and S.F. China Basin.
Category One -Way Roundtrip
Adult $5.50 $11.00
Juniors (5 to 12 years) $2.75 $ 5.50
Children under 5 years FREE FREE
Seniors, 65 & Older $3.25 $ 6.50
Active Military $4.25 $ 8.50
Disabled Persons $3.25 $ 6.50
School Groups* $ 3.50
(School groups must qualify for this rate through advanced approval by City Ferry
Manager and reservations.)
Discount Ticket Books 10- Ticket 20- Ticket 40- Ticket
Adult $45.00 $80.00 $150.00
II. ANGEL ISLAND ROUNDTRIP
All Angel Island fares are roundtrip and include State Park admission fee.
TYPE FARE
Adult $13.50
Juniors (13 to 18 yrs.) $10.50
Children (5 to 12 yrs.) $ 8.00
Children under 5 yrs. FREE
Seniors (62+ yrs.) $10.50
5th Amendment to AOFS
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Blue & Gold Fleet
CITY OF ALAMEDA
MEMORANDUM
Date: June 6, 2006
To: Honorable Mayor and
Councilmembers
From: Debra Kurita
City Manager
Re: Recommendation to Authorize City Manager to Execute Extension of the Harbor Bay
Maritime Ferry Operating Agreement for Alameda Harbor Bay Ferry (AHBF) and Adopt
Associated Budgets
BACKGROUND
In June 2004, the City and Harbor Bay Maritime (HBM) entered into the Sixth Amended and
Restated Operating Agreement for the East End Ferry Service. The Agreement is a multi -year
modified fixed subsidy contract, whereby, HBM receives a fixed subsidy, use of two City -owned
boats and retains farebox revenue. In July 2005, the Parties amended the Agreement extending the
contract for one year commencing on July 1, 2005. That amendment increased fares, reduced
operating expenses, and expanded marketing in order to meet or exceed the 40 % Farebox Recovery
Ratio goal. The Parties now wish to amend the Agreement now called the Second Amendment to
extend the contract for one year beginning July 1, 2006.
DISCUSSION
There are no proposed changes to service levels, schedules, or fares at this time. Principal
Amendment terms are:
• Term: One year beginning July 1, 2006 with up to two additional one -year extensions.
■ Pro Forma Budget: Projected FY 2006/2007 operator expenses are $894,825. In addition,
there are City expenses of $556,175. City expenses include: a) $81,100 in capital reserves;
b) $324,000 for fuel; and c) a $40,000 fuel contingency. Therefore, total AHBF costs
(operational and capital reserves) are expected to be $1,451,000 compared to projected FY
2005/2006 expenses of $1,329,180 (see Table 1). Capital Reserves are the "sink funds"
accumulated over several years for major facility or vessels maintenance, overhauls and
refurbishments.
• Fuel: Under the Fixed Subsidy agreement, HBM is responsible for all operator expenses
including fuel. However, recent historic high fuel prices and market volatility make fixing
fuel expense (and thereby operator subsidy) for the next year difficult. Therefore, staff
recommends that fuel cost become a Pass - Through expense as it is in the Blue & Gold Fleet
Report 5 -B (3)
6 -6 -06
Honorable Mayor and
Councilmembers
Page 2
June 6, 2006
contract. Under this proposal, the City will reimburse HBM on a monthly basis for the actual
cost of fuel. HBM will not be allowed any mark -up in price or additional charges. The City
has budgeted $324,000 for fuel and has a fuel contingency of an additional $40,000 (see
Table 2). To enable HBM to purchase fuel for service beginning July 1, 2006, the City will
make an advanced payment of $30,000 to HBM no later than July 19, 2006.
In the future, the City may find it necessary to raise fares to compensate for continued high
fuel costs or to maintain the ferry's farebox recovery ratio at or above 40 %. As HBM retains
farebox revenue, the Second Amendment provides a mechanism to ensure that revenues from
any fare increase implemented to cover fuel costs are credited to the City.
• Subsidy: HBM will receive an operating subsidy of $310,625 in 12 monthly installments of
$25,885 each (see Table 5).
• Farebox Recovery Ratio (FRR): Under the proposed Second Amendment, HBM will
receive a total FY 2006/2007 subsidy payment of $310,625. In addition, the City's non-
capital AHBF costs will be $435,075. Therefore, total public funding for AHBFS operations
will be $745,700. If farebox revenue is $584,200, the FRR will be 43.93% (see Table 4).
In July 2005, the City and HBM increased fares, reduced operating expenses and expanded
marketing efforts. Due to these steps and based on the subsidy agreement, the AHBF has
exceeded the 40% FRR goal for nine straight months averaging a FRR of 46.5 %. Based on
these results and discussions with Metropolitan Transportation Commission (MTC), staff has
submitted for and expects MTC approval of Regional Measure 1 subsidy grants for FY
2006/2007.
• Marketing — The City continues to work with HBM and the Water Transit Authority (WTA)
on ferry promotions. The City has just completed a telemarketing survey of participants in
last year's Cruise Control Free ride promotion. As a result, the City is sending an additional
28 complimentary rides to first -time riders. In June, the City and the WTA will distribute
11,000 door hangers offering a free trial commute. The AHBF will also participate in the
Spare the Air Free Transit promotion this summer, and in the fall the City will participate in
a regional promotion sponsored by the City and the WTA.
A copy of the Second Amendment to the Agreement is on file in the City Clerk's Office.
BUDGET CONSIDERATION/FINANCIAL ANALYSIS
This project is funded under CIP# 621.10. There is no impact to the General Fund associated with
AHBFS operations. Public funding for FY 2006/2007 totals $866,800 (see Tables). The farebox
Honorable Mayor and
Councilmembers
Page 3
June 6, 2006
revenue estimate of $584,200 assumes continuation of the existing $.25 fuel surcharge and 127,000
tickets sold at an average cost of $4.60 each. The AHBF Pro Forma Budget is provided as Table 1.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
The City's Ferry Service is consistent with the General Plan Transportation Element Guiding Policy
4.3.f.
RECOMMENDATION
Authorize City Manager to Execute Extension of the HBM Ferry Operating Agreement for the
Alameda Harbor Bay Ferry (AHBF) and Adopt Associated Budgets.
Respec bmitted,
tthew T. Nacerio
Public Works Director
Prepared by,
Ernest Sanchez �v
Ferry Manager
MTN:ES :gc
Attachments
Tables 1 -5
Second Amendment to Agreement
cc: Measure B Watchdog Committee
G:\ pubworks\ pwadmin \COUNCIL\2006\060606\AHBF extension.doc
Attachment for HBM
Table 1
AHBF FY '06/07
Operator Expenses
ITEM
FY '06/07 Budget
FY '05/06 Projected
FY 2004/05 Actu
I. Commute Service
Vessel Expenses
Fuel (1)
$0(1)
$307,799
$195,3C
Labor:
Wages, P/R taxes, Health, Pension
$479,000
$449,742
of farebox
n.a.
$20,000
Insurance (Vessels)
$131,000
$134,510
Vessel Maintenance
$83,000
$68,453
Total Vessel Expenses
$693,000
$980,504
$342,6E
n..
$162,4E
$75,5:
$775,9`r
Non Vessel Expenses
SF Pier 48 rent
$12,000
$11,340
Utilities, auto, legal, payroll processing
$61,572
$52,722
$11,32
$43,5C
Admin Salaries
$92,000
$88,272
Ticket printing, web site, directory advertising(2)
$12,000
$9,687
$123,17
$27,61
Total Non Vessel Expenses
$177,572
$162,021
$205,6.',
Operator Fees:
Overhead /Accounting
$15,000
$15,000
Operator Contingency
$9,253
n.a
Total commute cost
$894,825
$1,157,525
$11,67
n
$993,3C
1I. Charter/ Concessions
Vessel Expenses
Fuel
Labor
00
64090
15,054
$1;8,954
Insurance
gil$2000
2,188
Vessel Maintenance:
000
Total Vessel Expenses
,000
0,210
Non Vessel Expenses
Docking fees (Sacramento, SF)
Utilities, auto, legal, payroll processing
Admin Salaries
Marketing
$'
000
;000
16,000
'414,002
;$6,307
;000
Misc. (concessions, catering, ground transportation)
0
65,674
Total Non Vessel Expenses
Operator Fees:
Overhead /Accounting
$113,000
$105 ;000
4,349
)5 00.0
Operator contingency
Total charter cost
Total (Charter /concessions + Commute)
$266,000
$1,160 825
28:9!559
7,084
$10,4(
1;4,6
4,1E
City Expense
$556,175
$171,655
Total (Operator commute only + City)
$1,451,000
$1,329,180
Revenue
$1,451,000
$1,348,599
Farebox revenue
$584,200
$566,799
Farebox revcovery ratio(2)
43.93%
45.61%
106,X
90E
1,182,30
$188,31
$1,181,6;
$1,133,9f
$331,0E
29.00'
(1) City to reimburse HBM for actual fuel cost on a
Pass - Through basis.
(2) Calculated deducting reserve account deposits.
Note: shaded area items not included in FRR calculation.
Table 2
City Expenses
ITEM
FY 2006/07
Budget
FY '05/06
Projected
FY
2004/05
Actual
Docking fees:
Ferry Bldg.
$23,000
$23,000
$15,289
Harbor Bay
9,500
9,500
21,600
Fuel (120,000 gals @ $2.70 ea.)(1)
324,000
n.a
n.a
MUNI
20,000
19,480
13,243
Marketing (excl charter)
25,000
0
16,023
City Admin
29,575
29,575
69,131
Facility Security Officer
0
0
9,000
Office supplies
1,800
1,600
117
Back Up boat
0
0
0
Audit (Maze)
1,905
Misc.
2,200
2,000
2,011
Reserve Accounts
Vessels
Express II
15,600
20,000
20,000
Bay Breeze
35,000
36,000
20,000
HB Terminal
30,500
30,500
0
Fuel contingency(1)
40,000
n.a
n.a
subtotal reserves
121,100
86,500
40,000
Total
$556,175
$171,655
$188,319
(1) Beginning 7/1/06, City to reimburse HBM
for actual fuel cost on a Pass - Through basis.
Table 3 - FY 2006/07
Adjustments
Source
Amount
Less charter
concessions
Less private subsidy
Public
funding
MTC RM1 -5%
$450,000
$450,000
Measure B '04/05 revenue
$169,400
$169,400
TIF(1)
$247,400
$247,400
HBBPA
$96,000
$96,000
Concessions
$30,000
$30,000
LLMD 84 -2 (2)
$61,444
$61,444
Charter
$150,000
$150,000
subtotal
$1,204,244
$241,444
$96,000
$866,800
Farebox
$584,200
$584,200
Total
$1,788,444
$1,451,000
(1) Includes: $40,000 for the HB terminal,
$177,400 for operations, and roll over of
$30,000 from '05/06 budget.
(2) HB ferry
terminal
maintenance.
Table 4 - Farebox Recovery Ratio (FRR
ITEM
Amount
Less Capital
cost
Net operating cost
Operator costs subsidized by public revenue
$310,625
$0
$310,625
City Expenses
556,175
$121,100
$435,075
Total
$866,800
$745,700
Farebox revenue
$584,200
$584,200
Total operating cost subsidized by farebox and
public funds.
$1,451,000
$1,329,900
FRR
43.93%
Table 5 - Operator Subsidy
ITEM
FY 2006/07
FY '05/06
FY 2004/05
Operator expenses(1):
Budgeted
$894,825
$1,112,625
$1,089,344
Actual/ projected
n.a
$1,157,525
$993,302
Farebox revenue(1):
Budgeted
$584,200
$498,000
$470,000
Actual/ projected
n.a
$566,799
$331,094
Public subsidy /yearly
$310,625
$614,625
$617,344
Monthly subsidy payment
$25,885
$51,219
$51,445
(1) Commute service only.
G:\pubworks\pwadmin\COUNCIL\2006\060606\AHBFattach.doc
SECOND AMENDMENT TO
SIXTH AMENDED AND RESTATED OPERATING AGREEMENT
FOR THE ALAMEDA HARBOR BAY FERRY SERVICE
This SECOND AMENDMENT TO SIXTH AMENDED AND RESTATED
OPERATING AGREEMENT FOR THE ALAMEDA HARBOR BAY FERRY SERVICE
(hereinafter " Second Amendment to Sixth Restated Operating Agreement ") is entered into as
effective this 1St day of July, 2006, by and between the CITY OF ALAMEDA, a California
Municipal Corporation (hereinafter "City "), and HARBOR BAY MARITIME, INC., a California
Corporation (hereinafter "HBM ").
RECITALS
This Second Amendment to Sixth Restated Operating Agreement is entered into by the
parties based on the following facts, understandings and circumstances:
A. On August 1, 2004, the City and HBM entered into the Sixth Amended and
Restated Operating Agreement that stated their updated understandings on issues
that had been negotiated with respect to HBM's continuing operation of the
Alameda Harbor Bay Ferry Service with vessels owned by the City and using
public subsidies obtained by the City (the "Sixth Restated Operating Agreement ").
B. On July 1, 2005, the City and HBM entered into a First Amendment to Sixth
Restated Operating Agreement for a first extension period extending from July 1,
2005 through June 30, 2006.
C. HBM has exercised its option to extend the Sixth Restated Operating Agreement
for a second extension period extending from July 1, 2006 through June 30, 2007
and has met all the requirements for such extension as set forth in Paragraph 3.B.
of the Sixth Restated Operating Agreement.
D. The City and HBM desire to further amend the Sixth Restated Operating
Agreement to state the terms and conditions applicable to the second extension
period of July 1, 2006 through June 30, 2007.
E. Because of the rapid rise in the costs of fuel for the ferry vessel, volatility in the
fuel costs market, and resulting uncertainties that make costs projections difficult,
the City and HBM desire to incorporate into this Second Amendment to Sixth
Restated Operating Agreement some special provisions to account for managing
fuel costs, including structuring fuel costs as a pass - through expense, providing a
mechanism to ensure that revenues from any fare increase implemented to cover
-1-
fuel costs are credited to the City, and if a higher fuel surcharge should result in a
revenue shortfall, providing a process whereby HBM may receive equitable
compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. In Paragraph 2, Operational Subsidies, add a new sub - paragraph 2.A.(2) to read as
follows:
"A.(2). For Period from July 1, 2006 through June 30, 2007: City agrees that a total of
Eight Hundred Sixty -Six Thousand and Eight Hundred Dollars ($866,800.00) of public funds
shall be made available to HBM for the operation of the Alameda Harbor Bay Ferry Service for
this time period, of which Four Hundred Fifty Thousand Dollars ($450,000.00) will come from
the FY 2006/2007 Regional Measure 1 -5% Reserve Fund program administered by MTC
(assuming that the funds are granted by MTC), One Hundred Sixty -Nine Thousand Four
Hundred Dollars ($169,400.00) will come from the Alameda Measure B sales tax program
administered by the City, and Two Hundred Forty-Seven Thousand Four Hundred Dollars
($247,400.00) will come from the TIF, which is administered by the City with the approval of
HBM's parent company, Harbor Bay Isle Associates. The approved budget for FY 2006/2007
provides Three Hundred Ten Thousand Six Hundred and Twenty -Five Dollars ($310,625.00) in
general operating subsidies and in addition Five Hundred Fifty -Six Thousand One Hundred and
Seventy -Five Dollars ($556,175.00) in earmarked funds from the total subsidy payments for the
following line items of Reserves:
$ 324,000 - Fuel
40,000 - Fuel reserve
50,600 - Long -term vessel maintenance reserve (See Paragraph 7.B. below)
25,000 - Commuter Marketing (See Paragraph 6.H. below)
20,000 - MUNI transfers (See Paragraph 6.I. below)
23,000 - San Francisco Pier 1/2 docking fees
9,500 - Alameda/Harbor Bay Ferry Terminal docking fees
29,575 - City of Alameda administration fee
0 - Back -up Vessel
2,200 - City of Alameda Audit
1,800 - City of Alameda Office Supplies
30.500 - Long -term terminal maintenance reserve
$ 556,175 Total Reserves
"The parties hereto acknowledge and agree that these line items of earmarked funds are
estimates and can be reallocated between said line items by mutual written consent of the parties.
"The City shall disburse directly the funds earmarked for the MUNI transfers, the San
2
Francisco Pier 1/2 docking fees, the Alameda/Harbor Bay Ferry Terminal docking fees, the City
administration fees, the costs of the City audit, the costs of the City's office supplies, and the
long -term terminal maintenance reserves. All remaining funds shall, upon receipt of invoices
from HBM to City as described below, be transferred from City to HBM for further disbursement
by HBM.
"HBM shall, by the 25th day of the preceding month, deliver two invoices to the City for
general operating subsidies. The first invoice for the year shall be in the amount of Twelve
Thousand Seven Hundred and Seventy -Five Dollars ($12,775.00), and the remaining twenty-
three (23) invoices shall each be in the amount of Twelve Thousand Nine Hundred and Fifty
Dollars ($12,950.00). The first invoice for each month shall cover the operating period from the
1St to the 15th of the month, and the second invoice for each month shall cover the operating
period from the 16th to the end of the month. In addition, HBM shall from time to time as
necessary submit separate invoices for any draw -downs of reserve funds earmarked for the
special purposes noted above, in sufficient time for the City's review and processing of each
progress payment invoice. Each invoice shall specify the prorated portion of the general
operating subsidies and the portions of the earmarked funds to be expended in the respective
draw period. The City's payments to HBM of the operational subsidies and draw -downs of
reserve funds for the Alameda Harbor Bay Ferry Service are scheduled to be made on the 15th
and last day of each month. If HBM fails to provide the required number of trips within a
respective half -month period, the City will deduct certain amounts as liquidated damages in
accordance with Paragraph 6.B. (2) hereof from the next progress payment invoice.
"The City shall reimburse HBM on a monthly basis for the actual cost of vessel fuel
purchased for the Alameda Harbor Bay Ferry Service, without any mark -up by HBM or
additional charges. Within ten (10) working days following the last day of a month, HBM shall
deliver an invoice to the City for the total costs paid for fuel during that month, accompanied by
true copies of documentation of the payments made, and the City shall promptly pay HBM the
amount stated on the invoice. In addition to the above, City will make an advance fuel costs
deposit to HBM in the amount of Thirty Thousand Dollars ($30,000.00), due and payable no later
than July 19, 2006. HBM shall refund this advance deposit to the City within fifteen (15) days
after the end of the period ending June 30, 2007, unless the City and HBM agree to roll the
advance fuel costs deposit over into a subsequent period of the Operating Agreement."
2. In Paragraph 6.A., Minimum Levels of Service, add a new sub - paragraph 6.A.(4) to
read as follows:
"A.(4). During Period from July 1, 2006 - June 30, 2007: During the second extension
term of the Sixth Restated Operating Agreement (i.e., from July 1, 2006 through June 30, 2007),
HBM shall provide a minimum of three (3) trips in the morning (between 6:00 a.m. and 9:00
a.m. departing Alameda) and four (4) trips in the afternoon (between 4:00 p.m. and 8:00 p.m.
departing San Francisco) per weekday on the Alameda Harbor Bay Ferry Service, holidays
3
excepted, subject to the Force Majeure provisions of Section 6.K. hereof."
3. In Section 6.C., Passenger Fares, add a new subsection (3) to read as follows:
"(3) During the second extension term of the Sixth Restated Operating Agreement (i.e.,
from July 1, 2006 through June 30, 2007), HBM shall collect passenger fares at the rates shown
on its current Tariff approved by and on file with the California Public Utilities Commission
( "CPUC "), a copy of which is attached hereto as Exhibit "A," which includes a partial fuel
surcharge to cover the significant increases in diesel fuel prices experienced by the ferry
passenger industry and which has been authorized by the CPUC and approved by the City.
During any extension terms hereof, HBM shall be solely responsible for obtaining any approvals
of fares or fare changes which HBM as a Vessel Common Carrier may need from the CPUC.
The City Council shall have the right of approval of any changes to the passenger fares of the
Alameda Harbor Bay Ferry Service.
"If the City Council authorizes HBM to raise passenger fares to compensate for continued
high fuel costs and HBM obtains authorization from the CPUC for the fare increase and
implements the fare increase within this period, any additional revenues allocated to cover fuel
costs shall be credited to the fuel and fuel reserves line items in the approved budget stated in
Paragraph 6.A.(2) above, and any surplus funds remaining in such line items at the end of this
period shall be returned to the City or applied to other new expense items of the Alameda Harbor
Bay Ferry Service not included in the original budget as determined by the City at its sole
discretion. However, if the number of passenger tickets sold falls below the projected number of
127,000 for the year and if this shortfall is due primarily to an increased fuel surcharge, the City
and HBM shall meet and confer in good faith to negotiate equitable compensation to HBM for
that portion of ticket sales decline due solely to the City's implemented fuel surcharge; provided,
however, that HBM will not be entitled to compensation if the decline in paying passengers is
due primarily to other factors, such as significant instances or patterns of service disruptions, trip
cancellations or delays, late performance, job losses, a turndown in the national or regional
economy, contagious disease outbreaks, or acts of terrorism.
"If fuel prices should decrease to the point where the CPUC terminates the authority to
charge passengers a fuel costs surcharge and HBM is required to reduce its fares below those
stated in its current Tariff on file with the CPUC and as shown on Exhibit "A" attached hereto,
and if there is not a corresponding increase in the number of fare - paying riders on the service due
to lower fares, HBM and the City shall meet and confer in good faith to consider whether there
should be an increase in the amount of subsidies paid to HBM to cover ongoing operational
expenses or alternatively City approval of an increase in base fares or of a reduced level of
service."
4. Except as expressly modified herein, all the other terms and conditions set forth in the
4
Sixth Restated Operating Agreement as previously amended by the First Amendment to Sixth
Operating Agreement shall remain the same and shall be in full force and effect.
IN WITNESS WHEREOF, City and HBM have executed this SECOND AMENDMENT
TO SIXTH RESTATED OPERATING AGREEMENT FOR THE ALAMEDA HARBOR BAY
FERRY SERVICE effective as of the day and year first above written.
City: THE CITY OF ALAMEDA, a California municipal corporation
By:
Debra Kurita
Its: City Manager
Date: , 2006
J
RECOMMENDED FOR APPROVAL:
APPROVED AS TO FORM:
1
aithew T. Naclerio
Its: Public Works Director
Alameda City Attorney
HBM: HARBOR BAY MARITIME, INC., a California corporation
* * *
By:
Stephen K. Brimhall
Its: President
Date: m G`1 of , 2006
5
6.10-0•31-1-- A
HARBOR BAY MARITIME
VCC - 0069
Eighth Revised Page 6 - Cal. P.U.C. No. 1
With Supplement for Fuel Surcharge ITEM NO. 80
PASSENGER FARES FOR SCHEDULED SERVICE
In Dollars and Cents Per Passenger
Service between the Harbor Bay Ferry Terminal in Alameda on the one hand and San Francisco
Pier '/2 on the other hand.
Base With Partial
Fare* Fuel Surcharge **
One Wav Gross Passenger Fares
Persons over 12 and under 62 years of age $5.75 $6.00
Persons over 5 and under 12 years of age $2.75 $3.00
Persons over 62 years of age $3.25 $3.50
Military personnel $4.50 $4.75
Handicapped persons $3.25 • $3.50
Discount Packages
Weekly commute book (10 tickets) $48.00 $50.00
Semi - monthly commute book (20 tickets) $85.00 $90.00
Monthly Pass $155.00 $165.00
* Application No. 05 -08 -036 for base fare increase approved by P.U.C. Decision No. 05 -10 -035
dated October 27, 2005.
** Authority to adjust fares by adding a reasonable surcharge to recover increased fuel costs
extended for an additional one year running until December 1, 2006 and revised to increase the
zone of reasonableness of the surcharge to 20% above the base fares by P.U.C.. Resolution TL-
19066 adopted on December 1, 2005. For this Supplement, Harbor Bay Maritime is adding a
surcharge that is only a portion of the full authority to increase fares to recover fuel costs.
ISSUED AND FILED WITH P.U.C.: December 27, 2005 EFFECTIVE: January 1, 2006
Issued by Stephen K. Brimhall, President
Harbor Bay Maritime
1141 Harbor Bay Parkway, Suite 221
Alameda, CA 94502
6.10-0•31-1-- A
CITY OF ALAMEDA
MEMORANDUM
Date: June 6, 2006
To: Honorable Mayor and
Councilmembers
From: Debra Kurita
City Manager
Re: Recommendation to Authorize City Manager to Enter Into Negotiations with the Bay
Area Water Transit Authority (WTA) for the Transfer of the City's Ferry Service to the
WTA
BACKGROUND
In 2005, City Council directed City staff to begin preliminary discussions with the Bay Area
Water Transit Authority (WTA) regarding transferring the operations of the City's ferry services.
The transfer would include both ferry services (Harbor Bay and Alameda/Oakland), all four
City -owned vessels and both City ferry terminal facilities. On April 27, 2006, the WTA Board
authorized its staff to enter into formal negotiation with the City for the transfer of the services.
DISCUSSION
Staff held public meetings on March 30 and April 5, 2006 and issued a request for e -mail
comment through our ferry rider contact lists to elicit public comment on the potential WTA
transfer. Approximately 19 riders attended the meetings and another four submitted comments
via e -mail. Comments generally reflected questions on the benefits associated with the transfer;
potential rider impacts related to increased fares, reduced service, changed schedules, assignment
of different boats to the service; and the potential elimination of the Harbor Bay Ferry Service.
Some riders asked that the City explore other options such as City /WTA joint powers
administration of the services or continuation of City administration of existing service combined
with WTA administration of expanded service.
BUDGET CONSIDERATION/FINANCIAL ANALYSIS
The City ferry services are funded through farebox revenue, grants, Measure B and
Transportation Improvement Funds. The negotiations with WTA will determine which, if any,
of the current funding sources continue to be dedicated to the ferry services.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
The City's Ferry Service is consistent with the General Plan Transportation Element Guiding
Policy 4.3.f.
Report 5 -B (4)
6 -6 -06
Honorable Mayor and
Councilmembers
RECOMMENDATION
Page 2
June 6, 2006
Authorize City Manager to enter into negotiations with the Bay Area Water Transit Authority
(WTA) for the transfer of the City's Ferry Service to the WTA.
Respectful s,i4 mitted,
Ca(/er
Matthew T. Naclerio
Public Works Director
Prepared by,
Ev
Ernest Sanchez 6.A 90.--
Ferry Manager
MTN:ES :gc
cc Measure B Watchdog Committee
G:\ pubworks\ pwadmin \COUNCIL\2006 \060606\Ferry Services Transfer.doc
CITY OF ALAMEDA
MEMORANDUM
Date: June 6, 2006
To: Honorable Mayor and
Councilmembers
From: Debra Kurita
City Manager
Re: Resolution to Apply for Five Percent Unrestricted State Funds and Two Percent Bridge
Toll Revenue Funds for Operating Subsidy and Capital Projects for the City of Alameda
Ferry Services, and Authorize City Manager to Enter into All Agreements Necessary to
Secure These Funds
BACKGROUND
In November 1989, voters approved Regional Measure 1 (RM1), authorizing a toll increase of
$1.00 for vehicles on all state -owned bridges in the Bay Area. A maximum of three percent of
the revenues derived from the toll increase were made available for transportation projects that
reduce congestion on these bridges. The Metropolitan Transportation Commission (MTC)
approves projects and distributes RM1 Bridge Toll Funds. The RM1 Funds are divided into
north and south bridge groups and into operating funds and capital funds. Alameda Ferry
Services are eligible for the southern bridge group operating and capital funds.
On March 6, 2006 MTC issued a Call for Projects for FY 2006 /2007 funding with an application
deadline of March 24, 2006. Staff submitted a draft application to meet the deadline with the
understanding that the application would be modified based on City Council's review and
approval of the Funding Agreements for the City's Ferry Services.
DISCUSSION
I. Applications for Operating Funds: MTC estimates that Southern bridge group operating
funds will be $1,562,574.
a. Alameda/Oakland Ferry Service (AOFS) — The City requests $1,112,574 in RM1
revenue. The AOFS operating budget is estimated at $3,862,309. The final pro
forma budget will be submitted to Council for consideration in June. Projected
revenue consisted of:
• RM1 - $1,112,574;
• Measure B - $768,530;
■ Port of Oakland - $83,325; and
• Revenue (farebox, rental fees) - $1,897,880.
Re: Reso 5 -B
6 -6 -06
Honorable Mayor and
Councilmembers
Page 2
June 6, 2006
b. Alameda/Harbor Bay Ferry (AHBF) - The City requests $450,000 in RM1 revenue.
The AHBF operating budget is estimated at $1,396,800. The final pro forma budget
will be submitted to Council for consideration in June. Projected revenue consisted
of:
• RM1- $450,000;
• Measure B - $169,400;
• Transportation Improvement Fund (TIF) - $217,400; and
• Farebox revenue - $560,000.
II. Application for Capital Projects: Southern bridge group funds available for capital projects
are $484,458. The City is submitting four capital projects for RM1 -2% funding. These are:
a. Harbor Bay Terminal Weather Protection — This project provides installation of an
overhead awning and Plexiglas side wind protection on the terminal gangway. Total
project cost and RM1 -2% request is $74,750.
b. Bay Breeze Modifications and Upgrades — This project provides for painting of the
house exterior, replacement of carpets, pilothouse windows, door frames and some
seating, modifications of the rest room, oil pan gasket and snack bar. Total project
cost and RM1 -2% request is $196,550.
c. Encinal Modifications and Upgrades — This project provides for installation of radar
and a generator, upgrade of the rest rooms, and painting of sections of the passenger
cabin. Total project cost and RM1 -2% request is $171,518.
d. City of Alameda Ferry Fleet Spare Equipment - This project provides for purchase of
two CCTV units (security upgrade), dock fenders, repeaters for wing stations and four
defibrillators. Total project cost and RM1 -2% request is $41,640.
Total RM1 -2% request is $484,458.
BUDGET CONSIDERATION/FINANCIAL IMPACT
Alameda /Oakland Ferry Service:
The AOFS is budgeted under CIP# 621.20. The RM1 grant request is for $1,112,574. The
AOFS is funded through RM1, Measure B, farebox revenue and a contribution from the Port of
Oakland.
Alameda Harbor Bay Ferry:
The AHBFS is budgeted under CIP# 621.10. The RM1 grant request is for $450,000. The
AHBFS is funded through RM1, Measure B, TIF, Lighting & Landscape Assessment District 82-
4 and farebox revenue.
Honorable Mayor and
Councilmembers
Page 3
June 6, 2006
Capital Projects:
The City is submitting five capital projects at a total cost of $484,458. If approved by MTC,
these projects are funded entirely through RM1 -2% grants.
ENVIRONMENTAL COMPLIANCE
These projects are categorically exempt under California Environmental Quality Act (CEQA),
Section 15301 because they maintain existing ferry services or existing marine facilities.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
The City's Ferry Service is consistent with the General Plan Transportation Element Guiding
Policy 4.3.f.
RECOMMENDATION
Adopt a resolution to apply for five percent unrestricted state funds and two percent bridge toll
revenue funds for operating subsidy and capital projects for the City of Alameda Ferry Services,
and authorize the City Manager to enter into all agreements necessary to secure these funds.
Respect p?'�csubmjtte
Matthew T. Naclerio
Public Works Director
Prepared by,
Ernest Sanchez
Ferry Manager
MTN:ES:gc
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G : \pubworks \pwadmin \COUNCIL\2006 \060606 \ferryfunds.doc
E
0
0
co
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CITY OF ALAMEDA RESOLUTION NO.
AUTHORIZING THE CITY MANAGER TO APPLY FOR REGIONAL MEASURE 1
BRIDGE TOLL FUNDS, INCLUDING FIVE PERCENT UNRESTRICTED STATE
FUNDS AND TWO PERCENT BRIDGE TOLL RESERVE FUNDS FOR
OPERATING SUBSIDY AND CAPITAL PROJECTS FOR CITY OF ALAMEDA
FERRY SERVICES AND TO ENTER INTO ALL AGREEMENTS NECESSARY TO
SECURE THESE FUNDS FOR FY 2006/07
WHEREAS, Regional Measure 1 (November 1988) created revenues for
allocation by Metropolitan Transportation Commission; and
4
y, WHEREAS, the monies can be used to fund planning, operating and capital
�- projects for water transit purposes which are designed to reduce vehicular traffic on the bridges;
0 and
WHEREAS, the public entities are eligible applicants; and
WHEREAS, the City of Alameda operates the Alameda/Oakland Ferry Service
and the Alameda Harbor Bay Ferry Service; and
services; and
WHEREAS, staff has identified the need for an operational subsidy for these ferry
WHEREAS, the City has identified the need for six capital projects necessary for
the efficient operation of these ferry services;
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of
Alameda does hereby approve the applications for both the Alameda Harbor Bay Ferry Service
and the Alameda/Oakland Ferry Service for FY 2006/07 and authorizes the City Manager to
apply for Five Percent Unrestricted State Funds and Two Percent Bridge Toll Revenue Funds for
Operating Subsidy and Capital Projects to enter into all agreements necessary to secure these
funds.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to forward a
certified copy of this resolution to the Metropolitan Transportation Commission.
Resolution #5 -B
6 -6 -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
6th day of June, 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 6th day of June 2006.
Lara Weisiger, City Clerk
City of Alameda
CITY OF ALAMEDA
MEMORANDUM
DATE: June 6, 2006
TO: Honorable Mayor and
Councilmembers
FROM: Debra Kurita
City Manager
RE: A Report to the City Council on a Review of Policies Regarding Naming of
City Facilities
BACKGROUND
On January 3, 2006, City Council requested that staff agendize a review of the current
policies regarding the naming of city facilities and streets. The current City policy assigns
responsibility for recommending names for City facilities to various boards or
commissions. Each of these individual groups submits recommendations for naming
facilities within their specific area of interest. The Alameda Municipal Code Section 30-
84.5 defines the guidelines for the naming of City streets. The following boards and
commissions currently provide recommendations to the City Council for final approval:
aclities/Streei
Golf Commission
Golf Complex and Associated Facilities
Housing Commission
Housing Authority Sites
Library Board
Libraries
Planning Board
Streets
Public Utilities Board
Alameda Power & Telecom Facilities
Recreation and Park Commission
City Parks, Swim Centers, Athletic Fields
The current City policy for naming facilities establishes the following criteria:
a. A name which reflects the location of the facility by geographic area.
b. A name which reflects the history of a facility such as the family name of the builder,
developer, or person who may have donated the land.
Report 5 -C
6 -6 -06
Honorable Mayor and Page -2-
Councilmembers
c. A name which recognizes a significant contributor to the advancement of the City
such as a former Mayor, Councilmember, Board /Commission member, officers or
employees of the City, excluding a person currently holding the position.
d. A name which is listed on the City of Alameda Street Naming Policy.
When a request to rename a facility is received the policy requires a review of potential
impacts and a history of how the name was conceived. Consideration is given to the
potential impacts the proposed change would have on local neighborhoods.
In September 1974, City Council adopted Ordinance 1728 establishing that "All street
names must be approved by the Planning Board. No duplication of street names shall be
permitted." In May 1983, Council adopted Resolution 10037 approving and adopting a City
of Alameda Street Naming Policy. This policy established criteria for creation of a list of
names associated with Alameda and its history. Copies of the Policy for Naming City
Facilities, Street Naming Policy, and the official list of potential street names are attached.
In 1990, Council made two significant changes to the Street Naming Policy:
1. Additions or deletions to the list shall be approved by the Historical Advisory Board,
based upon written documentation of the historic importance of the name in
Alameda history.
2. Street names shall be approved by the Planning Board based on the list of Possible
Street Names. However, any change to an existing name, which would affect the
addressing of any existing business or residence, shall require City Council and
Planning Board approval.
DISCUSSION /ANALYSIS
In order to obtain information from a wide range of municipalities and public agencies staff
surveyed more than 20 jurisdictions regarding their policies for naming City facilities and
streets. Among those surveyed were local areas such as Berkeley, San Leandro and San
Ramon, along with representatives from southern California, Oregon, Washington, and the
east coast. The results are summarized and in two sections. The first section relates to
city facilities such as parks and community buildings and the second is specific to street
naming. The following information is a summary of the survey:
Parks and Community Facilities
1. Authority for naming Parks and Facilities - Most organizations have placed the
authority for collecting, analyzing, and recommending potential names with some
type of advisory board or commission. The results are then forwarded to the
governing body, such as the city council or board of directors for final approval.
Honorable Mayor and Page -3-
Councilmembers
2. Criteria for selection - The following classifications for selecting a name are utilized
by the vast majority of the jurisdictions surveyed:
a. Figures of historical significance including federal, state, and local politicians
or heroes.
b. Symbols of historical significance or landmarks.
c. Features of significant geographical reference points such as adjacent street
names, school district facilities, or names of subdivisions in which the facility
is located.
d. Individuals who have made a significant and lasting contribution to the
community. The vast majority of entities limit the naming of facilities to those
who have been deceased for a minimum of one year. The minority will
entertain the naming of sites for those still living on a case -by -case basis.
e. In general guidelines, new park names should not be similar to any existing
name and changing the name of an existing facility can only be achieved by
a majority vote of the governing body.
Street Naming Survey Results
1. Authority for Naming Streets - Most entities have assigned the responsibility of
naming streets with an advisory board or commission with the most common of
these being the Planning Board. Suggested names are then forwarded to the City
Council or governing body for final approval.
2. Criteria for Selection - The majority of the organizations surveyed use the following
criteria when selecting street names:
a. Historic names or names that refer to geographic features.
b. Figures of significance including local, state, federal, and national politicians or
military heroes.
c. Names submitted by the developer.
d. Each jurisdiction establishes definitions for terms such as Street, Avenue,
Boulevard, Road, Court, and Lane.
e. Names that are simple to spell and pronounce.
f. Names are not duplicated.
Honorable Mayor and Page -4-
Councilmembers
BUDGET CONSIDERATION /FINANCIAL IMPACT
The implementation of policies governing the naming of City facilities would be absorbed
within various General Fund Departments.
MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE
This policy complements the Alameda Municipal Code Section 30 -84.5, governing the
naming of City streets and the existing policy for naming other City facilities.
RECOMMENDATION
Review the policies regarding naming of City facilities and streets and provide direction to
staff.
B
Respectfully submitted,
Debra Kurita
City Manager
Dale Lillard, Acting Director
Recreation & Park Department
By: //AA,/
Cathy •/ •odbury, Dire• •
Plann''g & Building I -ctor
DK:DL:bf
Attachments
City of Alameda
California
POLICY FOR NAMING CITY PROPERTY
INTRODUCTION:
It is the City of Alameda's desire to establish a uniform policy to name City
facilities and portions thereof, including but not limited to: Parks and Park
facilities, Golf Complex, Bureau of Electricity facilities, Libraries, Housing
Authority facilities, fire stations, City Hall, Police Department facilities, parking
lots, ferry terminals, City streets and entryways to the City.
PURPOSE:
It is the City of Alameda's desire to honor persons and/or events in the history of
the City by naming City facilities after them. This process acknowledges and
memorializes a specific person or event and enhances the value and heritage of
the City.
PROCEDURES:
Boards and Commissions represent the community, and have direct responsibility
for various City facilities as prescribed in the City Charter and Alameda
Municipal Code. The Boards /Commissions most closely related to these facilities
will make the name recommendation to the Council. It shall be the responsibility
of the following Boards /Commissions to make recommendations to the City
Council on naming these City facilities:
Recreation Commission — City Parks, Swim Centers, Boat Ramps
Golf Commission — Golf Complex and Associated Facilities
Public Utilities Board — Bureau of Electricity Facilities
Library Board — Libraries
Housing Commission — Housing Authority Facilities
Planning Board — Streets and all other City facilities
Groups from within the community and individuals may make recommendation to
the Board/Commission at the time consideration is given to naming a facility and
may initiate such action. The Board/Commission will then forward their
recommendation to the City Council.
If a facility does not have a connection to a Board/Commission, the Planning
Board will be the body which makes a name recommendation to the City Council.
The Planning Board will continue to be responsible for making street name
recommendations to the City Council using the existing Street Naming Policy,
which is incorporated herein by reference.
The Historical Advisory Board will continue to add to the pool of suggested
names available for selection to name City property.
The City Council will make the final decision to name a City facility.
Recommendations may come from Boards and Commissions. The City Council
will consider a recommendation for naming a City facility, at a public meeting in
order to receive comments in an open forum.
CRITERIA:
In selecting the name for a City facility, the following criteria will be used:
A name which reflects the location of the facility by geographic area;
A name which reflects the history of a facility such as the family name of the
builder, developer or person who may have donated the land;
A name which recognizes a significant contributor to the advancement of the
City, such as a former Mayor, Councilmember, Board/Commission Member,
officers or employees of the City, excluding a person holding the position
currently;
A name which is listed on the Street Naming Policy of the City of Alameda.
RENAMING CITY PROPERTY:
Should the City contemplate renaming a City property which is names, research
will be done to determine how the existing name was conceived, and
consideration will be given to the impact on the adjacent neighborhoods. At that
time, it will be at the discretion of the Council whether or not to rename a City
property or facility.
Adopted 10 -1 -91
CITY OF ALAMEDA
STREET NAMING POLICY
A. GENERAL CONSIDERATIONS
1. Priority shall be given to utilizing street names which
represent persons, places or events associated with the
historical development of the City of Alameda.
Only names which appear on the list of Possible Street
Names shall be utilized for the naming of now streets or
renaming of existing streets. Additions or deletions to
the List shall be approved by the Historical Advisory
Board, based on written documentation of the historic
importance of the name in Alameda history.
2. Street names shall be approved by the Planning Board
based on the list of Possible Street Names. However, any
change to an existing street name, which would affect the
addressing of any existing busifiess or residence, shall
require City Council in addition to Planning Board
approval.
Where feasible and appropriate, historic street names
shall be chosen which directly relate to that portion of
the City in which the street to be named is located.
3. Consistency in naming shall be maintained within a
Subdivision Tract, Planned Development,. or other
development or geographic area where street name themes
currently exist, are planned or are discernible.
4. Street names shall remain the same across intersecting
streets.
5. The use of the same name but different suffices for
adjacent streets shall be avoided, with the exception of
a small court or cul -de -sac adjacent to a main road. For
example, Brighton Court off Brighton Road.
6. A street name shall not intersect another street name at
more than one location. The use of circle or loop as a
suffix is not encouraged except under limited, specific
design situations.
7. Similarly spelled or pronounced street names shall be
avoided within the City.
8. The number of letters in the street name, including
suffix, shall be compatible with the physical limitations
of street name signs used in the City.
B. SUFFIX DESIGNATION
1. In general, street names should include a suffix, such
as those following, to clearly indicate that it is part
of the vehicular circulation system and to minimize the
possibility of confusion with development or project
place names. Names lacking such suffices or ending in
such words as Harbor, Isle, or Point are not encouraged,
except to retain the continuity of established naming
schemes. Such names, those utilizing terms from other
languages such as Emvarcadero, Camino and Via, and other
non - typical names shall be considered individually for
appropriateness, merit, and general conformance to this
policy.
2. Cul -de -sac or short dead -end streets
a. Court
b. Place
c. Terrace
d. Square
3. Short connecting streets generally less than 1,000 feet
in length
a. Lane
4. curvilinear streets, generally through or connecting and
of higher capacity.
a. Drive
b. Way
c. Parkway
d. Boulevard
5. Street running diagonally to an established grid system.
a. Road
b. Way
6. Generally north -south grid streets.
a. Street
7. Generally east -west streets.
a. Avenue
OFFICIAL NAMING LIST FOR CITY FACILITIES AND STREETS
I. AVAILABLE NAMES
1. Early Inhabitants/Owners /Founders
Maitre
2. Early Settlers
Doane
Pancoast
Peck
3. BFI Families
Lemas
Titlow
4. A. Families /Businesses
Boehmer
Fassking (hotel)
Krauth (editor)
Liese
Mazzine (hardware)
Murtz
Musso (garbage collection)
Schuetzen (parks)
Steinmeltz (local stores)
Strom (electric)
Traube
Trenor
Zunino
B. Industries
Bames & Tibbetts
Borax
Dickie Brothers
5. Landowners/Tracts
1
Jenks and Mead
Sather
Teutonia Park
Vischer
6. Landmarks /Nostalgia
Bolsa de Encinal
Meetz (Horse Car Line)
Watermelon Excursion
A. World War II era songs
Red Sails (in the sunset)
B. Historic Street Names no Longer in Use
Locust
C. Former East Housing Street Names
Oceana — may be used for Housing Authority project at Catellus
Vernalis
D. Historical NAS Street Names
Arizona
El Toro
Guam
Ingersoll
Perimeter
E. Names of the Alaska Packer's Star Fleet (full names of ships shall be used))
George Skolfield
Llewellyn J. Morse
Bohemia
Indiana
Tacoma
Himalaya
La Escocesa
Star of Alaska
Star of Bengal
Star of India
2
Star of Chile
Star of England
Star of France
Star of Holland
Star of Italy
Star of Greenland
Star of Iceland
Star of Peru
Star of Russia
Star of Scotland
Star of Lapland
Star of Finland
Star of Zealand
Star of Poland
Star of Falkland
Star of Shetland
7. Streamers/Ferries
Contra Costa
Newark
Oakland
Thoroughfare
Transit
8. Aquatic
A. Beaches/Baths
Schubutzer Park
Terrace Baths
B. Swimmers
Nell Schmidt
9. Women
Mabel Tennant (maternity home)
Kate Van Orden (Alameda Hospital)
10. Architects
Morgan
Newsom
3
Slacombe
Werner, Carl
11. Builders & Designers
Arada, Thomas
Bamman, Fred
Benseman, George
Bones, J.W.
Delanoy & Randlett
Haulman, Royal
Kopf, Ben
Leboyd, William G.
Murdock, Hamilton
Strang Brothers
12. Civic Leaders
(Father Wilfred) Hodgkin
(Andy) Pagano
(Jessica) Persoff
(Cal) Santare
13. Native Fauna/Flora
Bittern
Grebe
Murre
Clapper Rail
Stilt
14. Aircrafts and Ships
A. Navy Ships
B. Naval Ship types
Battleship
Carrier
Cruiser
Submarine
C. Aircrafts — Commercial
4
China Clipper
D. Aircraft Carriers
15. Writers with Alameda Association
11. USED NAMES
Alaska Packers
Anderson, Paul
Annapolis
Ansel (electric)
Appezzato, Ralph J. (civic leader)
Arkansas (navy related)
Austin (historic street names no longer in use)
Avocet (native shorebird)
Bainbridge (Navy Related)
Barber's Point
Barker (furniture)
Bartlett
Bertero (families/businesses)
Bird
Bosshard (Board of Education, City Clerk)
Brower (Early Settlers)
Bruzzone (Prominent in 1860's)
Bryant (historic street names no longer in use)
Cerruti
Challen, Alice (prominent physician)
Chicago (Navy related)
Chipman (early inhabitants)
Cimarron (Navy related)
Cleveland (Navy related)
Cohen (R.R.)
Cole, Mark T. (builders /designers)
Coral Sea (aircraft carrier)
Cormorant (native shorebird)
Cornelius, A.W. (builders /designers)
Corpus Christi (Navy related)
Costanoan (local Native American tribe)
Cotati (Navy Related)
5
Kate Creedon (Alameda Hospital)
Curlew (native shorebird)
Davey, Robert J., Jr. (Police Officer killed in line of duty)
Decatur (Navy related)
DeCelle, Robert II (Alamedan killed in Viet Nam)
DiGiorgio (BFI family)
Dodge (NAS commander at time of base closure)
Dolphin (former NAS street name)
Dow (pump works)
Dowitcher (native shorebird)
Dowling, Sid (builders/designers)
Drum
Dufour, William (builders/designers)
Dunlin (native shorebird)
Egret (native shorebird)
El Capitan (streamers/ferry)
Ellen Craig (Historic Steamer /Ferry)
Ellis
Emeric (early settlers)
Enterprise (aircraft carrier)
Essex (Navy related)
Evans
Fallon (Navy related)
Ferry
Fitch (early landowner)
Flint
Fletcher, Mary
Fulton (historical NAS street name)
Gilman, Leo & Ralph (swimmers)
Glenview (historical NAS street name)
Gompers (Navy related)
Gonsalves, Robert (Alamedan killed WW II)
Greenwald (families/businesses)
Gresham (Police Officer killed in line of duty, reserved for Alameda Point)
Haile (early settlers)
Hamilton (architects)
Hancock
Hatfield (architect)
Hays
Hecker
Hercules (gas engines)
Heron (native shorebird)
Hillery (native Alamedan murdered performing her duties as a USDA
Compliance officer)
Hollister (Navy related)
6
Holtz
Hope
Homet (Aircraft Carrier)
Jouett (historical NAS street name)
Kansas City (Navy related)
Killdeer (native shorebird)
Kingfisher (native shorebird)
Kinkaid (historical NAS street name)
Kirk
Kiska (Navy related)
Kollman
Lawrence
Lemoore (Navy related)
Lexington (Navy related)
Lina (historic street names no longer in use)
London, Jack (writers with Alameda association)
Mall
Mallard (native shorebird)
Mars (Navy related)
Matson (industries)
McMurty
Memphis (historical NAS street name)
Midway (aircraft carrier)
Miramar (Navy related)
Monarch (iron works)
Monterey (Navy related)
Moonlight (Seranade -- WWII era song)
Moore (Navy related)
Mosley
Mount Hood (Navy related)
Mulvany (historic property owner of NAS property)
Nakayama, Minoru (Alamedan killed in WWII)
Navy
Neptune Gardens (beaches /baths)
Nevada (Navy related)
Newport (Navy related)
Nimitz (aircraft carrier)
Norfolk (historic NAS street name)
Ohlone (local Native American tribe)
Ohio (Navy related)
Oriskany (Navy related)
Pan Am
Pearl Harbor
Pelican (native shorebird)
Pensacola (Navy related)
Percy (architects)
Pioneer
Pine (historic street names no longer in use)
Pickrell, J.W. (builders/designers)
Plover (native shorebird)
Pomeroy (Industries)
Pyro (Navy related)
Railroad (former name of Lincoln) ( historic street name no longer in use)
Rainbow ( WWII era song)
Ranger (BFI)
Red Jacket (streamers /ferries)
Red Line (transit related)
Roanoake (Navy related)
Rosefield (Skippy Peanut Butter)
Ross
Roth, Conrad (builders & designers)
Sacramento (Navy related)
San Diego (Navy related)
Sanderling (native shorebird)
Sandpiper (native shorebird)
San Pedro (Navy related)
Santa Rosa (Navy related)
Schooner
Schroeder (water) (families /businesses)
Sea Horse (navy related)
Seagull (native shorebird)
Seaplane Lagoon (navy related)
Seattle (Navy related)
Seebeck (families/businesses)
Serenade (Moonlight Serenade - WWII era song)
Sharon
Singleton (Navy related)
Siegfried (artist)
Spalding (editor, owner, Times -Star)
Stardust(Melody - WWII era song)
Stevenson, Robert Louis (writers with Alameda association)
Sunrise
Sweeney, Neil Patrick (Civic leader)
Sweet
Swift (native shorebird)
Teal (native shorebird)
Tern (native shorebird)
Texas (Navy related)
Todd (Todd Shipyard/Main Street)
Tower (Navy related)
8
Trident (name of room at NAS Officer's Club)
Tripoli (navy related)
Tucker (families /businesses)
Tuttle (architect)
Vernalis (navy related)
Volberg (West End business)
Washoe (Historic Ferry)
Water Works (History/nostalgia)
Weiss
Whimbrel (native shorebird)
Wichita (Navy related)
Willet (native shorebird)
Winant (BFI Oyster Farmer)
Wright, George Alexander (architect)
Revised: 21 April 2003
G:\hab\ lsts\streetna
9
CITY OF ALAMEDA
Memorandum
June 6, 2006
To: Honorable Mayor and
Members of the City Council
From: Debra Kurita
City Manager
Subject: Opposing State Legislation to Permit the Towing of Triple Tractor Trailers on
State Highways in California
BACKGROUND
Legislation is being proposed to allow triple tractor trailer vehicles to travel along California's
state highways via truck -only lanes, which are likely to have increased accident involvement
rates at least 11% higher than today's single tractor trailers according to the United States
Department of Transportation (USDOT). While previous State legislation was narrowly
defeated, new legislation is being re- introduced to authorize the California Department of
Transportation (CalTrans), as well as other regional transportation entities, to enter into public -
private partnership agreements to construct truck -only lanes which will allow triple tractor
trailers to travel on our State roads.
DISCUSSION
Current California law prohibits operations of triple - trailer trucks and other longer combination
vehicles (LCVs) and limits the weight and length of all trucks allowed on state highways. The
proposal under consideration in Sacramento would overturn some of these important highway
safety provisions and allow LCVs in our state. The League of California Cities (LCC) opposes
all efforts that allow vehicles that will jeopardize the integrity of the public infrastructure or the
health and safety of the motoring public on the road. Truck safety is important because these
vehicles share county roads and city streets with road users such as motorists, pedestrians,
cyclists, motorcyclists and bus riders throughout California. The League of California Cities has
requested that California cities adopt a resolution to transmit to our State legislators to inform
them of our opposition against any future legislation that would allow triple tractor trailers to
travel on our State roads via truck -only lanes.
Re: Reso 5 -D
6 -6 -06
Honorable Mayor and
Members of the City Council
BUDGET CONSIDERATION/FINANCIAL IMPACT
June 6, 2006
Page 2
Bigger and heavier trucks will cause greater acceleration in the deterioration of California's
highways, roads, and bridges, causing serious and expensive damage to such highways, roads and
bridges. There will be no direct impact on the General Fund.
RECOMMENDATION
Adopt a resolution opposing State legislation to permit the towing of triple tractor trailers on
State highways in California.
DK:LA
Respectfully submitted,
Debra Kurita
City Manager
By: Lucretia Akil
Acting Assistant to the City Manager
E
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CITY OF ALAMEDA RESOLUTION NO.
OPPOSING STATE LEGISLATION TO PERMIT THE TOWING OF TRIPLE TRACTOR
TRAILERS ON STATE HIGHWAYS IN CALIFORNIA
WHEREAS, The City Council of the City of Alameda is concerned for the health,
, w welfare and safety of the City and its residents; and
cc
\,i0 WHEREAS, The City Council is aware that state legislation is being proposed to
VIh% increase the size, weight, and number of trailers which may be towed by commercial trucks
A :•=t on state highways in California; and
\)-
�`� WHEREAS, The City Council believes that bigger and heavier trucks pose a serious
x 0 threat to highway safety because of their added weight and inherent instability, increasing the
\ likelihood of more accidents and more fatalities in such accidents; and
WHEREAS, bigger and heavier trucks towing additional tractor trailers will
contribute to the deterioration of California's highways, roads, and bridges, causing serious
damage to such highways, roads and bridges, which will be costly to repair; and
WHEREAS, the City recognizes and supports the League of California Cities'
position opposing all efforts to legislatively increase the permitted weight and size of
commercial vehicles including the number of towed tractor trailers, specifically "triple tractor
trailers," as such increased size and weight of vehicles, including towed tractor trailers, on
the state highways will jeopardize the integrity of the public infrastructure and safety of the
motoring public on the road.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Alameda does hereby oppose to any proposals or legislation at any level of government
which would allow increases in the size and weight of trucks and number of tractor trailers
permitted on state highways.
BE IT FURTHER RESOLVED that, the City Clerk is directed to send copies of this
Resolution to the Governor, our State Legislators and the League of California Cities.
Resolution #5 -D
6 -6 -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
UNAPPROVED MINUTES
MINUTES OF THE SPECIAL COMMUNITY IMPROVEMENT COMMISSION MEETING
TUESDAY- -MAY 16, 2006- -5:30 P.M.
Chair Johnson convened the Special Meeting at 5:40 p.m.
Roll Call - Present: Commissioners Daysog, deHaan, Gilmore,
Matarrese, and Chair Johnson - 5.
Absent: None.
The Special Meeting was adjourned to Closed Session to consider:
(06- CIC) Conference with Real Property Negotiators; Property:
Fleet Industrial Supply Center; Negotiating parties: Community
Improvement Commission and ProLogis; Under negotiation: Price and
terms.
Following the Closed Session, the Special Meeting was reconvened
and Chair Johnson announced that the Commission obtained a briefing
from real property negotiators and provided direction on
negotiation parameters.
Adjournment
There being no further business, Chair Johnson adjourned the
Special Meeting at 7:45 p.m.
Respectfully submitted,
Lara Weisiger
Secretary
The agenda for this meeting was posted in accordance with the Brown
Act.
Special Meeting
Community Improvement Commission
May 16, 2006
UNAPPROVED MINUTES
MINUTES OF THE SPECIAL JOINT CITY COUNCIL,
ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY,
COMMUNITY IMPROVEMENT COMMISSION, AND
HOUSING AUTHORITY BOARD OF COMMISSIONERS MEETING
TUESDAY- -MAY 16, 2006- -7:31 P.M.
Mayor /Chair Johnson convened the Special Joint Meeting at 9:01 p.m.
ROLL CALL -
Present: Councilmembers /Board
Members /Commissioners Daysog, deHaan,
Gilmore, Matarrese /Commissioner Torrey,
and Mayor /Chair Johnson - 6.
Absent: None.
CONSENT CALENDAR
Mayor /Chair Johnson announced that the recommendation to approve
Amended Contract with Komorous -Towey [paragraph no. 06- CC /06-
CIC] was removed from the Consent Calendar for discussion.
Councilmember /Board Member /Commissioner Matarrese moved approval of
the remainder of the Consent Calendar.
Vice Mayor /Board Member /Commissioner Gilmore 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- CC / *06- CIC) Minutes of the Special Joint City Council,
Alameda Reuse and Redevelopment Authority and Community Improvement
Commission (CIC) Meeting held on May 2, 2006; and the Special CIC
Meeting held on May 3, 2006. Approved.
(06- CIC) Recommendation to approve Amended Contract with
Komorous -Towey Architects, Inc. by increasing the Contract by
$27,200 to provide additional Architectural and Construction
Administration Services for the Civic Center Parking Garage.
David Kirwin, Alameda, stated the City already spent $1.8 million
on project planning; lawsuit results are unknown; further
expenditures should be held off until issues are settled.
Chair Johnson inquired whether architectural changes are the result
of community input.
Special Joint Meeting
Alameda City Council, Alameda 1
Reuse and Redevelopment Authority,
Community Improvement Commission, and
Housing Authority Board of Commissioners
May 16, 2006
The Development Services Director stated the amendment would cover
the balance of the project; the City was requested to retain the
architect through construction by the State Historic Preservation
Officer (SHPO) and Section 106 process; the architect would be on
board to verify construction administration; the money would not be
spent until there is activity.
Commissioner Matarrese stated he sees no problem with the staff
recommendation since the money would not be spent until services
are needed.
Commissioner deHaan inquired how the $27,200 was determined.
The Development Services Director responded the amount was already
in the Contract; stated the money was used for the final response
to the SHPO changes; the Contract was exhausted; the amount would
carry through the range of services needed from the architect.
Commissioner deHaan stated bids are back and are being evaluated;
inquired whether the extra service is needed for the review
process.
The Development Services Director responded in the negative; stated
the service would be needed if the bid is awarded for the parking
structure; money is not spent on services until a project is
approved by the Council.
Commissioner deHaan inquired when the review process would be
completed.
The Development Services Director responded options should be
presented by June 6.
Commissioner deHaan inquired when the physical massing model would
be available for the public, to which the Development Services
Director responded June 20.
Commissioner deHaan stated he would prefer to hold off on the
matter until after the June 20 discussion.
Commissioner Matarrese stated he does not see any reason to hold
off on the matter; the money would not being spent; preparatory
action can be taken now; the Council should move forward with the
staff recommendation.
Chair Johnson stated the same action would be recommended at the
Special Joint Meeting
Alameda City Council, Alameda 2
Reuse and Redevelopment Authority,
Community Improvement Commission, and
Housing Authority Board of Commissioners
May 16, 2006
next meeting; the matter should be taken off the table so that
focus of [the next meeting] can be the bid issues.
Commissioner Gilmore inquired whether voting on the matter tonight
versus the next meeting would impact getting on the architect's
schedule.
The Development Services Director responded she would need to
discuss the matter with the architect.
Commissioner Gilmore stated that she would like to have the
architect on board if and when the project is ready to go; it is
harder to get people on board to meet a schedule without notice.
Commissioner Matarrese moved approval of the staff recommendation.
Commissioner Gilmore seconded the motion.
Under discussion, Commissioner Daysog stated logistically the
matter should be dealt with together; he would abstain from voting
on the matter.
On the call for the question, the motion carried by the following
voice vote: Ayes: Commissioners Gilmore, Matarrese, and Chair
Johnson - 3. Noes: Commissioner deHaan - 1. Abstentions:
Commissioner Daysog - 1.
AGENDA ITEMS
(06- CC /06- CIC) Resolution No. 13969 and 06 -142, "Adopting
Policy of City Council, Community Improvement Commission, Housing
Authority Board of Commissioners, and Alameda Reuse and
Redevelopment Authority for Expense Reimbursement, Compensation,
and Ethics Training for Elected Officials and Legislative Body
Members." Adopted.
Mayor /Chair Johnson inquired whether the policy would apply to the
Industrial Development Authority (IDA).
The City Attorney responded IDA reimbursements or expenditures have
not occurred; stated the matter would be brought back if
reimbursements and expenditures occur.
Councilmember /Board Member /Commissioner Matarrese moved adoption of
the resolutions.
Special Joint Meeting
Alameda City Council, Alameda
Reuse and Redevelopment Authority,
Community Improvement Commission, and
Housing Authority Board of Commissioners
May 16, 2006
3
Councilmember /Board Member /Commissioner Daysog seconded the motion,
which carried by unanimous voice vote - 6.
(06- CC /06- CIC) Discussion of City Attorney /General
Counsel Legal Services and staffing options.
Mayor /Chair Johnson stated the majority of the agenda item could be
continued; direction can be given to hire one Deputy City Attorney.
The City Attorney /Legal Counsel stated the hiring would be for one
Assistant City Attorney.
Mayor /Chair Johnson inquired whether the motion would be to hire
one Assistant City Attorney.
Councilmember /Board Member /Commissioner Matarrese responded in the
affirmative; stated the background is that David Brandt [Assistant
City Attorney] moved from the City Attorney's office to the City
Manager's office.
Mayor /Chair Johnson stated the hiring process has started; approval
could be given to hire one Assistant City Attorney.
Vice Mayor /Board Member /Commissioner Gilmore moved approval to hire
one Assistant City Attorney.
Councilmember /Board Member /Commissioner deHaan seconded the motion,
which carried by unanimous voice vote - 6.
Mayor /Chair Johnson stated the remainder of the agenda item would
be continued.
ADJOURNMENT
There being no further business, Mayor /Chair Johnson adjourned the
Special Joint Meeting at 9:15 p.m.
Respectfully submitted,
Lara Weisiger, City Clerk
Secretary, Community Improvement
Commission
The agenda for this meeting was posted in accordance with the Brown
Act.
Special Joint Meeting
Alameda City Council, Alameda
Reuse and Redevelopment Authority,
Community Improvement Commission, and
Housing Authority Board of Commissioners
May 16, 2006
4
CITY OF ALAMEDA
MEMORANDUM
Date: May 2, 2006
To: Honorable Mayor and Members of City Council
Chair and Members of Community Improvement Commission
Chair and Members of Alameda Reuse and Redevelopment Authority
From: Carol A. Korade
City Attorney /General Counsel
Re: Legal Services Provided by City Attorney and
General Counsel and Discussion of Staffing Options
Background
Alameda's legal needs are unique among the 438 cities in California. It is the only city
under 100,000 population, in which all of the following are true:
• It has a closed military base in its jurisdiction for disposition and redevelopment
• It has a Housing Authority, providing affordable housing opportunities
• It has an active redevelopment agency, with ongoing development projects
It owns a public utility company2
• It has lands held in the Tidelands Trust for the public interest
• It owns a municipal (public) golf course
• It has a full- service police, fire and paramedic service
The City's complex legal needs are provided by and through the City Attorney.3 In this
capacity, the City Attorney's Office provides over 10,000 formal and informal legal
opinions, contracts, transactional work and prepares all the legislation for each
legislative body each year. The City Attorney defends the City entities against claims
and lawsuits and initiates litigation on behalf of the City entities when directed to do so
by the legislative body. The City receives an average of 126 claims a year and has
averaged 16 active litigation cases per year for the past 15 years. The City is self -
insured for all claims and lawsuits and workers' compensation matters. Since 1997,
with the closure of the Naval Air Station Alameda, expansion of AP &T, and increased
City redevelopment, the City's demand for legal services has more than doubled.
1 There are only nine other cities in the state, including, San Francisco, Oakland, Los Angeles, Sacramento, San Diego, Vallejo,
Long Beach, Oxnard and Fairfield, which include most of these criteria.
2 Alameda is the only city in California which provides electric, Internet and cable television services to its citizens.
3 In addition to serving as legal advisor to the City Council, 26 City Boards, Commissions and Committees, the City Manager and
City's Clerk's Offices and 13 City Departments, the City Attorney is also General Counsel to Alameda Power & Telecom, Community
Improvement Commission ("CIC "), Alameda Reuse and Redevelopment Authority ( "ARRA ") and the Housing Authority.
No changes to report.
Held over from 5/16/06
City Council Meeting.
Report 1
Special Joint Meeting
6 -6 -06
Honorable Mayor and City Council
Members of Community Improvement Commission
Members of Alameda Reuse and Redevelopment Authority
May 2, 2006
Page 2
Current Organizational Model and Staffing Pattern for City Attorney's Office
The present composition of the City Attorney's Office is the City Attorney plus four full -
time in -house assistants and /or deputies, supplemented with various outside counsel
support. Even with City Attorney staffing of five full -time attorneys, the workload of each
attorney has increased more than 30% since 1997, due to the increased demand for
legal services. All in -house attorneys work 40 -50 hours each week. The current budget
for the five attorney staff of the City Attorney's Office is $894,170 (including cost of
benefits). This budget reflects an average hourly rate of $76.00 (which includes the
cost of benefits) based on a 45 hour work week for the five full -time municipal attorney
staff.4 The City Attorney staff supervises the work of all outside counsel and no staff
attorney has Tess than 10 years experience. By comparison, the average hourly rate of
outside counsel is $276 —over three and %2 times more expensive than a staff attorney.5
The organizational model of permanent in -house attorney staffing, supplemented by
discrete outside counsel services, is a model which is used by many cities. Attachment
1, a comparison of East Bay city attorney costs and staffing patterns, reflects that
Alameda's City Attorney budget is on par with comparable cities.
In addition to the City Attorney's in -house staffing, the City Attorney has access to an
outside counsel budget for the various City entities it represents. The outside counsel
budgets function like a reserve or "contingency" fund for each entity, and is used to fund
litigation and discrete areas of transactional expertise. Attachment 2 summarizes the
City's current outside counsel budgets, and also shows expenditures to date. The
existing outside counsel budgets were approved for FY 05/06 by the legislative body, as
recommended by the City Manager. The City Council and other legislative bodies also
adopted procedures and limitations on the City Attorney's expenditures from all outside
counsel budgets, the imposition of monthly financial reporting requirements and
restrictions on use of outside counsel from an outside counsel panel, chosen through an
RFQ process. The outside counsel budgets for the City, ARRA and the Housing
Authority have remained relatively constant for 10 -15 years. Historically, the City
Attorney's Office has expended Tess than 88% of its outside counsel funds, with an
average annual cost savings of more than 12 %.
With my departure on June 30, 2006, the City Attorney's Office will be operating with
only two of its budgeted attorney positions, which is 40% of its legal staff (due to the
loss of two staff attorneys last month), and 28% of its FY 04/05 professional staff (loss
of two staff attorneys plus a laid off Management Analyst). Five in -house attorneys
have been working at least 45 hours per week in order to meet the legal demands of the
4 Based upon a 36 hour work week, the average hourly rate is $95 (includes cost of benefits).
5 Based on average of hourly rates of outside legal services panel established in December 2005, through RFQ process.
Honorable Mayor and City Council
Members of Community Improvement Commission
Members of Alameda Reuse and Redevelopment Authority
May 2, 2006
Page 3
City (approximately 1,000 total working hours a month each month). With only two
attorneys in place, the City would suffer a loss of over 600 working hours a month to
provide necessary legal services. It is not possible for the City Attorney's Office to
provide necessary legal services with only an Acting City Attorney and one staff
attorney starting July 1. Additionally, two in -house attorneys are insufficient to
supervise this level of back -fill work by outside counsel.
In order to avoid the loss of significant legal services on July 1st, we are currently
creating eligible lists from which to choose replacement of two vacant staff attorney
positions, subject to Council direction on the staffing options.s As part of the budget
process for FY 06/07, the City Attorney's office analyzed the legal needs of the City
based on input from the 13 City Departments and the City Manager's Office regarding
the projects anticipated for the upcoming fiscal year. This information has been
previously provided to the Council.?
Staffing Options for the City Attorney's Office
Attachment 3 is a chart reflecting four staffing options for the City Attorney's Office, with
a comparison of function and cost for each Option summarized below:
Option One, is the existing staffing pattern of one City Attorney and four staff attorneys.
The total budgeted personnel costs for this option is $894,1470. Option One includes
retaining the outside counsel budgets at their existing reserve levels, as shown in
Attachment 2. Option One provides sufficient staffing to:
• Provide experienced and high level in -house attorney work at a good value
($76 /hour)
• Provide necessary supervision to outside counsel litigation and transactional
work to continue to keep outside counsel costs controlled
• Maintain synergy between City departments through in -house attorney
consistency and institutional knowledge
• Provide maximum risk shifting and risk avoidance through proactive legal work
6 Recruitment Is likely to be made more difficult due to a professional perception of instability in the City Attorney's Office, with my
departure on June 30th and lack of a permanent City Attomey appointment (It Is important for professional personnel to know who
their boss will be, when deciding on a career move which will include a period of probationary employment.)
7 The past few years have seen an unprecedented request for legal services outside the municipal area. A portion of these include
the Navy negotiations /base transfer issues; litigation and transactional issues on the Bddgeside condemnation and transfer and
Alameda Theater, the new main library; legal support for growth of AP &T and significant litigation; ferry issues; the Alameda Beltline
litigation; Harbor Island Apartments litigation; Measure A Issues and litigation; transactional and litigation services to complete the
Navy transfer of the FISC site and the Catellus development; environmental /remedlation issues, to name only a few.
Honorable Mayor and City Council
Members of Community Improvement Commission
Members of Alameda Reuse and Redevelopment Authority
May 2, 2006
Page 4
Option Two shows a reduced attorney staff pattern of one City Attorney and three staff
attorneys. It is recommended that with the Option Two reduced attomey staffing, that
the remaining staff attorneys be high level and capable of complex legal work. This
Option shows a $143,298 or 16% salary/benefit savings over Option One. Outside
counsel budgets would be maintained at their existing reserve levels. Option Two
provides in -house attorney staffing to:
• Provide experienced and high level in -house attorney work at a good value
($76 /hour)
• Provide supervision to outside counsel litigation and transactional work, but
increase expenditures from outside counsel budget or limit legal services
• Maintain synergy between City Departments through in -house attorney
consistency and institutional knowledge
• Provide some risk shifting /risk avoidance, but less proactive legal work and more
"triage" in approach
Option Three shows a reduced attorney staff pattern, plus the addition of a
Management Analyst. Management of claims and resulting litigation must be
coordinated with and supervised by the City Attorney's Office. In the FY 05/06 budget
cycle, the City Attorney's Office had to lay -off. a Management Analyst as part of an
overall budget cut of $330,000. "Option Three" is the same staffing pattern as Option 2,
but includes restoring a full -time Management Analyst. This Option shows a $32,965,
or 4% salary savings over Option One. Option Three compares with Option Two above,
but permits better risk shifting /risk avoidance and proactive legal work with
reinstatement of personnel to provide in -house claims management.
Option Four is the retention of existing attorney staff only —one City Attorney and two
staff attorneys, and providing the additional legal work required by the City, ARRA, CIC
and Housing Authority through the use of outside counsel resources. The existing
outside counsel budget would be insufficient to provide necessary legal services for this
Option, given the cost differential between in -house attomey staffing ($76 /hour average)
and outside counsel staffing ($276 /hour average). We are sensitive to the fact that
outside counsel costs have been a source of public discussion and that the City Council
has expressed a desire to keep these outside counsel costs controlled. Option Four is
the least cost effective and least efficient model:
• Provides a salary/benefit savings of approximately $331,577, but increases the
outside counsel budget by the same amount for no net cost savings
• Outside counsel costs are over 3 % times higher than in -house staffing, and
therefore, only 30% as efficient
• In house attorneys work at least 45 hours a week (equivalent to 35 "billable"
hours a week), with an annual billable rate of 1,820 hours each (times two
attorneys). At an average outside counsel billable rate of $276 times 3,640
Honorable Mayor and City Council
Members of Community Improvement Commission
Members of Alameda Reuse and Redevelopment Authority
May 2, 2006
Page 5
hours, the potential cost of outside counsel to replace the work of two staff
attorneys is over $1,000,000; even if the outside counsel budget was enhanced
by the $33'1,557 salary savings of two unfilled attorney positions, there would still
be a deficit of over $600,000 in costs necessary to fund this option.
• Provides insufficient in -house attorney staffing to maintain synergy and legal
continuity between departments (many City projects have implications for
multiple departments, such as affordable housing
Services, Housing Authority and Planning and Building, bor eve development and
redevelopment projects between Development Services and Public Works)
• Provides insufficient in -house attorney staffing to supervise outside counsel work,
therefore likely to lead to error and inconsistency in the legal product
• Provides less access to legal support by departments, given the "pay as you go"
model of outside counsel services
• Increases costs by paying outside counsel to "learn Alameda" repeatedly (lack of
continuity)
• Increases risks of litigation costs, where same outside counsel firm . providing
transactional advice also provides resulting litigation services
Fiscal Impact
There would be no fiscal impact by maintaining the current City Attorney staffing
pattern. This budget was approved in July 2005. A FY 06/07 budget based on the
current City Attorney staffing pattern will not result in any overall budget increase from
FY 05/06.
Option Two — reduced staffing pattern of one City Attorney and three staff attorneys.
The salary/benefit cost for this attorney staffing pattern is $750,880, which is a savings
of $143,290 in salary/benefits over the current budget.
Option Three—reduced staffing pattern of one City Attorney and three staff attorneys,
but restoring a Management Analyst. The salary/benefit cost for this staffing patterns is
$861,205, which is a savings of $32,965 in salary/benefits over the current budget.
Option Four — reduced staffing pattern of one City Attorney and two staff attorneys with
a corresponding increase in outside counsel budget to back -fill legal services - -would
not result in any cost savings over FY 05/06 budget and could potentially be more
expensive (up to an additional $600,000 in outside counsel costs, even with a transfer
of $331,557 in salary savings to the current outside counsel budget), due to the three -
to -one expense comparison of outside counsel /contract attorney costs vs. in -house
attorney costs.
Honorable Mayor and City Council
Members of Community Improvement Commission
Members of Alameda Reuse and Redevelopment Authority
May 2, 2006
Page 6
Recommendation
Option One is recommended as the optimum City Attorney staffing pattern;
• However, with greater risk assumption by the City, Options Three or Two
can be recommended, in increased order of risk assumption
• Option Four is not recommended, due to its high cost, inherent
inefficiencies and increased risk exposure
Attachment
004 C@ 661.L.
Carol A. Korade
City Attorney /General Counsel
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SUMMARY OF OUTSIDE COUNSEL BUDGET
AS OF FEBRUARY 28, 2006
Approved Maximum
Legal Fees /Costs
Legal Fees /Costs
Expenditure Paid thru
2/28/06
City Legal*
$ 465,000.00
189,032.00
AP &T Electric **
$ 200,000.00
$
35,057.21
Remaining Available
Balance as of 2/28/06
$ 275,968.00
$ 164,942.79
AP &T Telecom * **
$ 200,000.00
12,268.30
$ 187,731.70
ARRA * * **
$ 484,000.00
108,671.75
$ 375,328.25
HA * * * **
$ 41,520.00
$
2,660.50
$ 1,390,520.00
347,689.76
25%
$ 38, 859.50
$ 1,042,830.24
*City's Outside Legal budget funds City initiation of litigation and litigation defense and specialty
transactional work. This budget has remained relatively constant for 15 years.
75%
**AP &T Electric Outside Legal budget funds AP &T litigation and specialty transactional work pertaining
to electric utility distribution and regulation. This budget varies from year to year, depending on
projected project or litigation needs of the AP &T electric.
***AP &T Telecom Outside Legal budget funds AP &T litigation and specialty transactional work
pertaining to telecommunications. This budget varies from year to year, depending on projected
project or litigation needs of AP &T telecom.
* * * *ARRA Outside Legal budget funds ARRA litigation and specialty transactional work pertaining to
federal regulations (BRAC process), environmental remediation, negotiation of specialty environmental
insurance products and leasing /redevelopment. This budget has remained relatively constant for 10
years.
* * ** *Housing Authority Outside Legal budget funds Housing Authority litigation, such as unlawful
detainer actions and disputes with HUD. This budget has remained relatively constant for many years.
There Is no CIC outside counsel legal budget reserve. Legal costs of various redevelopment projects
are part of the "project costs," largely funded by the project development (e.g., the Alameda Theater
project and litigation costs flowing from the Alameda Theater project.)
C
Option 1
Current Attorney Staffing (Reduced Attorney Staffing
Option 2
CA
ACA II
ACA II
DCA II
DCA II
231,008 CA
183,624 ACA II
$ 183,624 ACA 1
$ 147,957 ACM
I
147,957
$ 894,170
Option 3
Reduced Attorney Staffing/
Restored Risk Professional
CA
ACA II
ACAI
ACAI
MA
231,008
183,620
168,126
$ 168,126
$
750,880
Savings $
143,290
16%
Option 4
Further Reduced Attorney Staffing
with Increased Outside Counsel Budget
Savings
$ 231,008 CA
$ 183,620 ACAI(
$ 168,126 ACAI
$ 168,126 Outside Counsel
$ 110,325
$ 861,205
231,008
$ 183,620
168,126
Increased
32,965 I Savings
4%
None