2004-05-04 PacketCITY OF ALAMEDA•CALIFORNIA
SPECIAL MEETING OF THE CITY COUNCIL
TUESDAY - - - MAY 4, 2004 - 6:30 P.M.
Time: Tuesday, May 4, 2004, 6:30 p.m.
Place: City Council Chambers Conference Room, City Hall, corner
of Santa Clara Avenue and Oak Street.
Agenda:
1. Roll Call.
2. Public Comment on Agenda Items Only.
Anyone wishing to address the Council on agenda items only,
may speak for a maximum of 3 minutes per item.
3. Adjournment to Closed Session to consider:
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to Litigation Pursuant to Subdivision (c)
of Section 54956.9.
Number of cases: One.
4. Announcement of Action Taken in Closed Session, if any.
Adjournment
CITY OF ALAMEDA•CALIFORNIA
SPECIAL MEETING OF THE COMMUNITY IMPROVEMENT COMMISSION
TUESDAY - - - MAY 4, 2004 - - - 6:40 P.M.
Time: Tuesday, May 4, 2004, 6:40 p.m.
Place: City Council Chambers Conference Room, City Hall, corner
of Santa Clara Avenue and Oak Street.
Agenda:
1. Roll Call.
2. Public Comment on Agenda Items Only.
Anyone wishing to address the Commission on agenda items only,
may speak for a maximum of 3 minutes per item.
3. Adjournment to Closed Session to consider:
CONFERENCE WITH PROPERTY NEGOTIATOR
Property: Alameda Theatre and Longs Drugs.
Negotiating parties: City of Alameda, Cocores Development
Company.
Under negotiation: Price and terms of payment.
4. Announcement of Action Taken in Closed Session, if any.
Adjournment
Beverly �6h \s(�n, hair
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 rostrum and state your name;
speakers are limited to 3 minutes per item.
2. Lengthy testimony should be submitted in writing
and only a summary of pertinent points presented
verbally.
3. Applause and demonstrations are prohibited
during Council meetings.
AGENDA REGULAR MEETING OF THE CITY COUNCIL
TUESDAY
MAY 4, 2004 - - - - 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 MEETING OF THE COMMUNITY IMPROVEMENT 6:40 P.M.
COMMISSION, CITY COUNCIL CHAMBERS, Conference Room
Separate Agenda (Closed Session)
PLEDGE OF ALLIGIANCE
1. ROLL CALL - City Council
2. AGENDA CHANGES
3. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
3 -A. Proclamation declaring the month of May as Older Americans
month.
3 -B. Presentation by the Police and Fire Chiefs on Emergency and
Disaster Preparedness. [Vice Mayor Daysog]
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 Council Meeting of April 19, 2004 and
the Special and Regular City Council Meetings held on April
20, 2004.
4 -B. Recommendation to accept Quarterly Financial Report for period
ending March 31, 2004.
4 -C. Recommendation to authorize Call for Bids for Legal
Advertising for the Fiscal Year ending June 30, 2005.
4 -D. Recommendation to approve the purchase of two vehicles for the
Abandoned Vehicle Abatement Program.
4 -E. Recommendation to authorize the City Manager to execute the
First Amended and Restated Agreement for Operation,
Maintenance and Management of Public Marine Transportation
Terminal Facility and the Assignment and Assumptions regarding
certain licenses, permits and obligations under Planning
approvals for the Marine portions of the Harbor Bay Ferry
Terminal.
4 -F. Adoption of Resolution Approving the Proposed Revisions to the
Alameda Countywide Clean Water Program Agreement.
4 -G. Adoption of Resolution Authorizing the City Manager to Submit
Grant Applications to the California Integrated Waste
Management Board for All Available Grants under the California
Oil Recycling Enhancement Act and All Available Household
Hazardous Waste Grants under the California Integrated Waste
Management Act for the Period of July 1, 2004 through June 30,
2008.
4 -H. Adoption of Resolution Adopting the City of Alameda Measure P
Paratransit Service Plan.
4 -I. Introduction of Ordinance Amending the Alameda Municipal Code
by Amending Subsection 2 -8.2 (Membership; Term of Office;
Removal) and 2 -8.3 (Qualifications; Quorum; Voting) of Section
2 -8 (Transportation Commission) of Chapter II (Administration)
to Reduce the Size of the Transportation Commission from Nine
to Seven Members; Allow for Staggered Terms; and Reduce the
Size of the Quorum from Five to Four Members.
4 -J. Bills for ratification.
5. REGULAR AGENDA ITEMS
5 -A. Adoption of Resolution Appointing Heather Trumaine as a Member
of the Housing Commission.
5 -B Public hearing to consider DAA04- 01/MPA04 -0001 for Advancing
California's Emerging Technologies, 555 Mitchell - Mosley, the
Former Fleet Industrial Supply Center Site northwest of
Mariner Square Loop, Tract 7179. The Applicant requests: 1)
Development Agreement Amendment to release the ACET parcel
from the Catellus development; 2) Amendment to the Catellus
Master Plan to modify Catellus's obligations to meet certain
Master Plan requirements by allocating obligations between
ACET and Catellus; and 3) Amendment to the Catellus Mitigation
Monitoring and Reporting Program (MMRP) mitigations to modify
Catellus's obligations to meet certain MMRP requirements by
allocating obligations between ACET and Catellus. The site is
located within the MX, Mixed Use - Planned Development Zoning
District;
• Introduction of Ordinance Approving Development Agreement
Amendment DAA04 -0001 for a Mixed Use Development including
Single- Family Residential, Office, Research and
Development, Open Space, and Limited Retail Uses as well as
Sites for Multiple Family Residential and a School, Located
within a Project Area Encompassing Approximately 215 Acres
of Land and Water at the Former Alameda Fleet Industrial
Supply Center and Annex and Naval Air Station Alameda East
Housing to Release the ACET Parcel from the Catellus
Development;
• Introduction of Ordinance Approving Master Plan Amendment
MPA04 -0001 for a Mixed Use Development including Single -
Family Residential, Office, Research and Development, Open
Space, and Limited Retail Uses as well as Sites for
Multiple Family Residential and a School, Located within a
Project Area Encompassing Approximately 215 Acres of Land
and Water at the Former Alameda Fleet Industrial Supply
Center and Annex and Annex and Naval Air Station Alameda
East Housing that would modify Catellus' Obligations to
Meet Certain Requirements of the Master Plan by Allocating
Those Obligations between ACET and Catellus; and
• Adoption of Resolution Amending the Mitigation Monitoring
and Reporting Program (MMRP) for the Catellus Mixed Use
Development (State Clearinghouse #1998112078) Modifying
Catellus' Obligations to Meet Certain Requirements of the
MMRP by Allocating Those Obligations between ACET and
Catellus.
5 -C. Public Hearing to consider collection of delinquent business
license fees via the property tax bills.
5 -D. Recommendation to accept the Citywide Retail Policy Report.
[Economic Development Commission]
5 -E. Final Passage of Ordinance Approving and Authorizing First
Amendment to the Multiple Site Lease Agreement between City of
Alameda and American Tower Corporation for Development and
Operation of Wireless Telecommunication Facilities on City
Property at the Chuck Corica Golf Complex and Fire Station #4.
[Requires four (4) affirmative votes]
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)
8. ADJOURNMENT
* **
• Sign language interpreters will be available on request. Please
contact the City Clerk at 747 -4800 or TDD number 522 -7538 at least 72
hours prior to the Meeting to request an interpreter.
• Equipment for the hearing impaired is available for public use. For
assistance, please contact the City Clerk at 747 -4800 or TDD number
522 -7538 either prior to, or at, the Council Meeting.
• Accessible seating for persons with disabilities, including those
using wheelchairs, is available.
• Minutes of the meeting available in enlarged print.
• Audio Tapes of the meeting are available upon request.
• Please contact the City Clerk at 747 -4800 or TDD number 522 -7538 at
least 48 hours prior to the meeting to request agenda materials in an
alternative format, or any other reasonable accommodation that may be
necessary to participate in and enjoy the benefits of the meeting.
CITY OF ALAMEDA
Memorandum
Date:
To:
From:
Re:
April 26, 2004
Honorable Mayor
And Councilmembers
James M. Flint
City Manager
Regular and Special City Council Meetings and Special Community
Improvement Commission Meeting of May 4, 2004
Transmitted herewith are the agendas and related materials for the Regular and Special
City Council Meetings and Special Community Improvement Commission Meeting of May
4, 2004.
CITY COUNCIL MEETING
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
3 -A. Proclamation declaring the month of May as Older Americans
month.
At this time the Mayor will present a proclamation declaring May "Older Americans
Month."
3 -B. Presentation by the Police and Fire Chiefs on Emergency and
Disaster Preparedness. [Vice Mayor Daysog]
In response to Vice Mayor Daysog's request, the Police and Fire Chiefs will make a
presentation on Alameda's Disaster Preparedness.
CONSENT CALENDAR
4 -A. Minutes of the Special Council Meeting of April 19, 2004 and
the Special and Regular City Council Meetings held on April
20, 2004.
The City Clerk has presented for approval, the Minutes of the Special Council
Meeting of April 19, 2004 and the Special and Regular City Council Meetings held
on April 20, 2004.
Dedicated to Excellence, Committed to Service
Honorable Mayor and
Councilmembers
Page 2
April 26, 2004
4 -B. Recommendation to accept Quarterly Financial Report for period
ending March 31, 2004.
Transmitted is the Quarterly Financial Report for the period ending March 31, 2004.
The report shows revenues received to date for all funds and associated
expenditures. The status of all funds can be found on pages 37 -39. As noted in the
report, it is anticipated that revenue estimates for FY 03 -04 will be met. It is
projected that $2.1 million will need to be drawn from reserves to cover the
projected operating deficit resulting from State budget impacts.
4-C. Recommendation to authorize Call for Bids for Legal
Advertising for the Fiscal Year ending June 30, 2005.
The City Clerk recommends that the Council authorize a call for bids for legal
advertising for fiscal year ending June 30, 2005.
4 -D. Recommendation to approve the purchase of two vehicles for the
Abandoned Vehicle Abatement Program.
It is recommended that Council authorize the purchase of two abatement vehicles,
funds for which are available in the Abandoned Vehicle Abatement Program
account.
4 -E. Recommendation to authorize the City Manager to execute the
First Amended and Restated Agreement for Operation,
Maintenance and Management of Public Marine Transportation
Terminal Facility and the Assignment and Assumptions regarding
certain licenses, permits and obligations under Planning
approvals for the Marine portions of the Harbor Bay Ferry
Terminal.
It is recommended that Council authorize the City Manager to execute an amended
agreement for operation, maintenance and management of the Harbor Bay Ferry
terminal. The permitting /licensing, responsibilities and funding are identified in the
attached table.
4 -F. Adoption of Resolution Approving Proposed Revisions to the
Alameda Countywide Clean Water Program Agreement.
This resolution approves a revision to the Alameda Countywide Clean Water
Program Memorandum of Agreement making minor changes as to costs and voting
shares; improves efficiency by allowing parties to let and administer consultant
contracts; and, updating references to current NPDES permit conditions.
4 -G. Adoption of Resolution Authorizing the City Manager to Submit
Grant Applications to the California Integrated Waste
Management Board for All Available Grants under the California
Oil Recycling Enhancement Act and All Available Household
Honorable Mayor and Page 3
Councilmembers April 26, 2004
Hazardous Waste Grants under the California Integrated Waste
Management Act for the Period of July 1, 2004 through June 30,
2008.
This resolution authorizes the City Manager to submit applications over a 3 -year
period, to the California Integrated Waste Management Board for all available
grants under the California Oil Recycling Enhancement Act and available
Household Hazardous Waste grants under the California Integrated Waste
Management Act for the period July 1, 2004 through June 30, 2008.
4 -H. Adoption of Resolution to Adopting the City of Alameda Measure
P Paratransit Service Plan.
This resolution approves the Paratransit Service Plan and authorizes application for
Measure B paratransit funds from the Alameda County Transportation Improvement
Authority (ACTIA).
4 -I. Introduction of Ordinance Amending the Alameda Municipal Code
(AMC) Section 2 -8.2 (Membership; Term of Office; Removal) and
2 -8.3 (Qualifications; Quorum; Voting) of Section 2 -8
(Transportation Commission) of Chapter II (Administration) to
Reduce the Size of the Transportation Commission from Nine to
Seven Members; Allow for Staggered Terms; and Reduce the Size
of the Quorum from Five to Four Members.
Introduction of this ordinance amends the Municipal Code to reduce the number of
members of the Transportation Commission from nine to seven, and reduce a
quorum from five to four. As outlined in the staff report, members are proposed to
be transitioned by random drawing and term cycling.
4 -J. Bills for ratification.
REGULAR AGENDA ITEMS
5 -A. Adoption of Resolution Appointing Heather Trumaine as a Member
of the Housing Commission.
This resolution appoints Heather Trumaine to the Housing Commission.
5 -B. Public hearing to consider DAA04- 01 /MPA04 -0001: ACET
(Advancing California's Emerging Technologies) - 555 Mitchell -
Mosley: Former FISC Site northwest of Mariner Square Loop,
Tract 7179. Applicant requests: 1) Development Agreement
Amendment to release the ACET parcel from the Catellus
development; 2) Master Plan Amendment to the Catellus Master
Plan conditions that would modify Catellus' obligations to
meet certain requirement of the Master Plan by allocating
those obligations between ACET and Catellus; and 3) Amendment
to the Catellus Mitigation Monitoring and Reporting Program
(MMRP) mitigations that would modify Catellus' obligations to
meet certain requirements of the MMRP by allocating those
Honorable Mayor and
Councilmembers
Page 4
April 26, 2004
obligations between ACET and Catellus; and adoption of related
Resolution. The site is located within the MX, Mixed Use -
Planned Development Zoning District.
• Introduction of Ordinance Approving Development Agreement
Amendment DAA04 -0001 for a Mixed Use Development including
Single- Family Residential, Office, Research and
Development, Open Space, and Limited Retail Uses as well as
Sites for Multiple Family Residential and a School, Located
within a Project Area Encompassing Approximately 215 Acres
of Land and Water at the Former Alameda Fleet Industrial
Supply Center and Annex and Naval Air Station Alameda East
Housing to Release the ACET Parcel from the Catellus
Development;
• Introduction of Ordinance Approving Master Plan Amendment
MPA04 -0001 for a Mixed Use Development including Single -
Family Residential, Office, Research and Development, Open
Space, and Limited Retail Uses as well as Sites for
Multiple Family Residential and a School, Located within a
Project Area Encompassing Approximately 215 Acres of Land
and Water at the Former Alameda Fleet Industrial Supply
Center and Annex and Annex and Naval Air Station Alameda
East Housing that would modify Catellus' Obligations to
Meet Certain Requirements of the Master Plan by Allocating
Those Obligations between ACET and Catellus; and
• Adoption of Resolution Amending the Mitigation Monitoring
and Reporting Program (MMRP) for the Catellus Mixed Use
Development (State Clearinghouse #1998112078) Modifying
Catellus' Obligations to Meet Certain Requirements of the
MMRP by Allocating Those Obligations between ACET and
Catellus.
This hearing has been scheduled to receive public comments on the proposed
Development Agreement Amendment, Master Plan Amendment and amendment to
the Catellus Mitigation Monitoring and Reporting Program, all of which will allow the
development of the Advancing California's Emerging Technologies at the former
FISC site, northwest of Mariner Square Loop.
5 -C. Public Hearing to consider collection of delinquent business
license fees via the property tax bills.
This hearing has been scheduled to receive public comments on the proposal to
assess delinquent business license fees to property tax bills for 34 property owners
of commercial and /or multi - family residential rental properties.
5 -D. Recommendation to accept the Citywide Retail Policy Report.
[Economic Development Commission]
Honorable Mayor and
Councilmembers
Page 5
April 26, 2004
It is recommended that the Council accept the Citywide Retail Policy Report. The
report recommends additions and modifications to the General Plan to refine and
expand existing policy. After Council acceptance, the document will be sent to
affected departments and then to the Planning Board and Economic Development
Commission for implementation.
5 -E. Final Passage of Ordinance Approving and Authorizing First
Amendment to the Multiple Site Lease Agreement between City of
Alameda and American Tower Corporation for Development and
Operation of Wireless Telecommunication Facilities on City
Property at the Chuck Corica Golf Complex and at Fire Station
#4. [Requires four (4) affirmative votes]
Final passage of this ordinance approves an amendment to the lease with American
Tower Corporation to eliminate a requirement for assignment of existing Sprint
Leases. No other changes are proposed. Four votes are required to finally adopt
this ordinance.
City of Alameda California
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
Proclamation
the month of May is recognized as OLDER AMERICANS MONTH to
honor the contributions of our nation's Older Americans; and
the Federal Administration on Aging has declared the theme for 2004 Older
Americans Month: AGING WELL, LIVING WELL, in recognition that
older Americans are living longer, healthier, and more productive lives; and
the City of Alameda is the home to more than 12,000 citizens aged 60 years
or older; and
many Older Americans are improving the quality of their lives by staying
physically and intellectually active, maintaining healthy diets, and getting
regular health screenings; and
by achieving healthier, longer lives, Older Americans must prepare for later
life by evaluating housing and long -term care options; gaining financial
literacy and knowledge of retirement pensions and benefits; and seeking
opportunities for community participation and social engagement, including
access to employment, volunteer, educational and leisure activities; and
WHEREAS, as America grows older, each community must strive to understand and
address the evolving challenges and needs of our older citizens and the
people who care for them; and
WHEREAS, the City of Alameda continues to recognize the contributions of Older
Americans, specifically their commitment to senior programs which dates
back nearly 50 years, and encourages their contributions which strengthen
the fabric of our community; and
NOW, THEREFORE, I, Beverly Johnson, Mayor of the City of Alameda, do hereby
proclaim May 2004 as "OLDER AMERICANS MONTH" in the city of Alameda and
encourage everyone in our community to respect the independence of our Older
Americans, and to be sensitive and supportive of their needs and accomplishments.
Office of the Mayor
2263 Santa Clara Avenue, Room #320
Alameda, California 94501 -4477
510.747.4701 Office • Fax 510.747.4704 • TDD 510.522.7538
Proclamation #3 -A
5 -4 -04
UNAPPROVED MINUTES
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
MONDAY- -APRIL 19, 2004- -4:30 P.M.
Mayor Johnson convened the Special Meeting at 5:47 p.m.
Roll Call - Present: Councilmembers Daysog, Gilmore, Matarrese
and Mayor Johnson - 4.
[Note: Vice Mayor Daysog arrived at 5:49 p.m.]
Absent: Councilmember Kerr - 1.
Agenda Item
(04- ) Ceremonial signing of the Agreement reached between the
City of Alameda, City of Oakland and Oakland Chinatown Chamber of
Commerce regarding Alameda Point development.
Mayor Johnson announced that in Closed Session on March 2, 2004,
the City Council majority, with Councilmember Daysog absent and
Councilmember Kerr abstaining, authorized the City Attorney to
present settlement terms to the City of Oakland, the Oakland
Chinatown Chamber of Commerce and Asian Health Services; the terms
were accepted by said parties on or before April 6, 2004; the terms
are represented in the Settlement Agreement presented, which the
City Council authorized to be executed by the City Manager.
Councilmember Matarrese thanked everyone involved with the
negotiations; stated it is time to move forward.
Mayor Johnson stated that she is pleased that all the organizations
worked together.
Adjournment
There being no further business, Mayor Johnson adjourned the
Special Meeting at 5:50 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
April 19, 2004
UNAPPROVED MINUTES
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY- -APRIL 20, 2004- -5:55 P.M.
Mayor Johnson convened the Special Meeting at 6:00 p.m.
Roll Call - Present: Councilmembers Daysog, Gilmore, Kerr,
Matarrese and Mayor Johnson - 5.
Absent: None.
The Special Meeting was adjourned to Closed Session to consider:
(04- ) Conference with Legal Counsel - Existing Litigation; Name
of case: People v. Mitcheom.
(04- ) Conference with Legal Counsel - Anticipated Litigation;
Initiation of Litigation Pursuant to Subdivision (c) of Section
54956.9; Number of cases: One.
(04- ) Conference with Labor Negotiator; Agency Negotiators:
Human Resources Director and Craig Jory; Employee Organization:
Alameda City Employee Association (ACEA).
Following the closed session, the Special Meeting was reconvened
and Mayor Johnson announced that regarding Existing Litigation, the
Council obtained a briefing from the City Attorney and provided
direction; regarding Anticipated Litigation, the Council obtained a
briefing, no action was taken; and regarding Conference with Labor
Negotiator, the Council obtained a briefing from Labor Negotiators
and gave direction.
Adjournment
There being no further business, Mayor Johnson adjourned the
Special Meeting at 7:15 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
April 20, 2004
UNAPPROVED MINUTES
MINUTES OF THE SPECIAL JOINT CITY COUNCIL AND
ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY MEETING
TUESDAY- -APRIL 20, 2004- -6:50 P.M.
Mayor /Chair Johnson convened the Special Joint Meeting at 7:15 p.m.
Roll Call - Present: Councilmembers /Board Members Daysog,
Gilmore, Kerr, Matarrese and Mayor
Johnson - 5.
Absent: None.
The Special Joint Meeting was adjourned to Closed Session to
consider:
(04- ) Conference with Legal Counsel - Existing Litigation; Name
of case: Alameda Unified School District v. City of Alameda
(04- ) Conference with Real Property Negotiators; Property:
Alameda Point, 2200 Central Avenue and Encinal Terminals;
Negotiating Parties: City of Alameda, Alameda Reuse and
Redevelopment Authority, Alameda Unified School District; Under
Negotiation: Price and terms.
There being no further business, Mayor /Chair Johnson reconvened the
Special Joint Meeting and announced that regarding Conference with
Legal Counsel, the Council /Authority obtained a briefing from Legal
Counsel, and regarding Conference with Real Property Negotiators,
the Council /Authority obtained a briefing from staff.
Adjournment
There being no further business, Mayor /Chair Johnson adjourned the
Special Joint Meeting at 7:25 p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
Special Joint Meeting
Alameda City Council and
Alameda Reuse and Redevelopment Authority
April 20, 2004
UNAPPROVED MINUTES
MINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY - - APRIL 20, 2004 - - 7 :30 P.M.
Mayor Johnson convened the regular meeting at 7:48 p.m.
ROLL CALL - Present: Councilmembers Daysog, Gilmore, Kerr,
Matarrese and Mayor Johnson - 5.
Absent: None.
AGENDA CHANGES
(04- ) Mayor Johnson announced that her appointment to the
Paratransit Advisory Committee [paragraph no. ] would be held
over and her nomination to the Housing Commission [paragraph
no. ] would be heard after consent calendar items.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(04- ) Recognition of the City of Alameda's 150th Anniversary of
incorporation, April 19, 1854.
Mayor Johnson read a brief statement on the City's history of
incorporation; stated that the City's anniversary would be the
theme for the 4th of July Parade.
(04- ) Proclamation declaring May 3 -9, 2004 as Mosquito and
Vector Control and West Nile Virus Awareness Week.
Mayor Johnson read and presented proclamation to David Edwards,
Trustee, Alameda County Mosquito Abatement District.
(04- ) Proclamation declaring May 10 -14, 2004 as Girls' Rights
Week.
Mayor Johnson read and presented proclamation to Susan Adams,
President Board of Directors of Girls Inc. of the Island City.
CONSENT CALENDAR
Mayor Johnson announced that the recommendation to name the ball
field at Upper Washington Park [paragraph no. ] was removed
from the consent calendar for discussion.
Vice Mayor Daysog moved approval of the remainder of the Consent
Calendar.
Regular Meeting
Alameda City Council
April 20, 2004
1
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 5.
[Items so enacted or adopted are indicated by an asterisk preceding
the paragraph number.]
( *04- ) Minutes of the Special and Regular City Council Meetings
held on April 6, 2004. Approved.
(04- ) Recommendation to name the ball field in Upper Washington
Park after A.J. "Lil" Arnerich, former City Vice Mayor,
Councilmember, and Recreation and Park Department employee.
[Recreation and Parks Commission] Accepted.
Kin Robles, Alameda, urged approval of staff recommendation.
Connie Wendling, Alameda, urged Council to name the ball field
after Mr. Arnerich.
Ken Arnerich, Alameda, thanked the Council for considering the
recommendation; stated it would be an hono.
Michael Torrey, Alameda, urged approval.
Councilmember Matarrese stated that the film "Play Ball" was a good
chronicling of Alameda baseball history; that "Lil" Arnerich was
instrumental in setting the groundwork; the City enjoys great
baseball teams; that the high school performance level was
excellent.
Councilmember Matarrese moved approval of the staff recommendation.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 5.
Mayor Johnson requested that congratulations be passed on to Mr.
Arnerich and his family.
( *04- ) Recommendation to authorize the Mayor to send a letter to
State Legislators in opposition to Assembly Bill 3007 (Plescia).
Accepted.
( *04- ) Recommendation to accept the Quarterly Sales Tax Report
for period ending March 31, 2004 for sales transactions in the
fourth calendar quarter of 2003. Accepted.
( *04- ) Recommendation to accept the work of San Francisco Dry
Dock, Inc. for Encinal Re -Power and Refurbishment Project, No. P.W.
Regular Meeting
Alameda City Council
April 20, 2004
2
04- 02 -05. Accepted.
( *04- ) Recommendation to amend Agreement with SpenCon
Construction, Inc. for the Annual Sidewalk Repair Project, No. P.W.
07- 03 -15. Accepted.
( *04- ) Recommendation to award Contract in the amount of
$331,236 to Textron Financial Corporation for the lease of one
hundred fifty (150) electric golf carts for rental use at the
Chuck Corica Golf Complex. Accepted.
( *04- ) Recommendation to approve Contract with MV Student
Transportation in the amount of $237,270 and elevation of Program
Specialist I position to Program Specialist II in conjunction with
Alameda Kids Coach Program. Accepted.
( *04- ) Resolution No. 13698, "Preliminarily Approving Annual
Report Declaring Intention to Order Levy and Collection of
Assessments and Providing for Notice of June 15, 2004 Hearing
Thereof - Island City Landscaping and Lighting District 84 -2."
Adopted.
( *04- ) Resolution No. 13699, "Preliminarily Approving Annual
Report Declaring Intention to Order Levy and Collection of
Assessments and Providing for Notice of June 15, 2004 Hearing
Thereof - Marina Cove Maintenance Assessment District 01 -01."
Adopted.
( *04- ) Introduction of Ordinance Approving and Authorizing First
Amendment to the Multiple Site Lease Agreement between City of
Alameda and American Tower Corporation for Development and
Operation of Wireless Telecommunication Facilities on City Property
at the Chuck Corica Golf Complex and at Fire Station #4.
Introduced.
( *04- ) Ratified bills in the amount of $1,467,928.12.
COUNCIL COMMUKNICATIONS
(04- ) Consideration of Mayor's appointment to the Paratransit
Advisory Committee.
Mayor Johnson announced that consideration for appointment would be
continued to the May 4, 2004 Council Meeting.
(04- ) Consideration of Mayor's nomination for appointment to the
Housing Commission.
Regular Meeting
Alameda City Council
April 20, 2004
3
Mayor Johnson nominated Heather Trumaine for appointment to the
Housing Commission.
REGULAR AGENDA ITEMS
(04- ) Public Hearing to consider an Appeal of the Planning
Board conditioned approval of Planned Development Amendment and a
Major Design Review for 3241 Garfield Avenue to allow: 1) the
construction of a 150 square -foot single -story rear addition; 2)
the construction of as maximum 24 -inch tall deck with an attached
hot tub; and 3) the construction of a six -foot fence around the
side and rear property lines. The site is located within the R -1-
PD, One Family Residence Planned Development Zoning District; and
(04- A) Resolution No. 13700, "Upholding the Planning Board's
Approval of Planned Development Amendment PDA03 -0006 and Major
Design Review DR03 -0096 to Allow a 150 Square Foot Addition."
Adopted.
Mayor Johnson opened the public portion of the hearing.
Proponents (In favor of Appeal): Thea Mixon, Appellant; Christina
Lonzisero, Alameda; Ayala Lonzisero, Appellant; Joseph Baca,
Alameda; Jane Powell, Oakland (submitted pictures); Dan Fichte,
Oakland; Tony Vista, Appellant.
Opponents (Opposed to Appeal): David Harding, Alameda; Derek
Pavlik, Applicant's Builder /Designer; Susan Corlett, Applicant
(submitted handout); Lawrence Henderson, Applicant.
There being no further speakers, Mayor Johnson closed the public
portion of the hearing.
Councilmember Matarrese requested a review of setback requirements.
The Planner I responded that the rear yard setback for substandard
lots in the R -1 District was 20% of the depth of the lot; the
minimum required rear yard was 12 feet; the addition met a 12' 6"
setback; that under the Planned Development, the setback along the
left side of the house was established at 1' 6 "; the Planning Board
used the rational under AMC Subsections 30 -7. (K) and (L) which
allow additions along existing walls as long as no adverse effects
such as shading or view blockage would occur.
Councilmember Matarrese inquired whether flipping the notch from
the northeast corner to the northwest corner would bring the
northeast corner of the house within the 12 -foot setback.
Regular Meeting
Alameda City Council
April 20, 2004
4
The Planner I responded in the affirmative.
Councilmember Matarrese inquired whether that option would require
a variance.
The Planner I responded in the affirmative; through the Planned
Development amendment process, Council had the flexibility to make
determinations for reduced setbacks.
Mayor Johnson inquired whether the Applicant was proposing to build
closer to the property line, to which the Planner I responded in
the affirmative.
Councilmember Kerr inquired who owns the driveway, to which the
Planner I responded that the driveway was' shared by the two
property owners; the property at 3243 Garfield Avenue had an
easement on the rear of 3241 Garfield Avenue for driveway access.
Councilmember Kerr inquired whether the rear lot line of 3241
Garfield Avenue extended into the driveway, to which the Planner I
responded in the affirmative.
Councilmember Kerr stated that with the easement, there would not
be 12 feet of useable space from the northwestern corner of the
house; that she was concerned with additions on substandard side
yards; extending to 1 foot 6 inches from the lot line takes away
the right of the adjacent neighbor to expand; the addition could be
done with a lower, peaked roof; that there was massive view
blocking; that she does not want to see the City lose the wonderful
supply of starter homes.
Vice Mayor Daysog inquired what the addition's shading impacts were
and how they were determined.
The Planner I responded that the Federal Department of Housing and
Development's method establishing shading was used; that the shade
created by the addition would be a very small increment.
Vice Mayor Daysog inquired what was the increment.
The Planner I responded approximately 4 to 5 feet of shade on
certain days; the loss would be less in winter.
Vice Mayor Daysog inquired what the impact would be based on 100
days of morning sunlight.
The Planner I responded that he was unable to quantify the amount.
Regular Meeting
Alameda City Council
April 20, 2004
5
Councilmember Gilmore inquired whether the neighbor's bathroom
window would be shaded most directly by the roof line, to which the
Planner I responded in the affirmative.
Councilmember Matarrese inquired whether the homeowner would be
willing to give up the storage area window at the rear peak of the
house.
Mr. Henderson responded that the window provided the only natural
light in the room.
Councilmember Kerr moved approval of returning the matter to the
Planning Board to review a lower roof which matches the lines of
the existing architecture.
Vice Mayor Daysog stated that the role of the Council was to
balance what was right by law with what was good for the community;
suggested neighbors work out a compromise.
Vice Mayor Daysog seconded the motion.
Under discussion, Mayor Johnson stated substantial efforts have
been made to resolve issues with neighbors with little progress.
On call of the question, THE MOTION FAILED by the following voice
vote: Ayes: Councilmembers Daysog and Kerr - 2. Noes: Councilmember
Gilmore, Matarrese, and Mayor Johnson - 3.
Councilmember Matarrese stated that the enclosed porches often
looked tacked on; a design should be integral with the house.
Councilmember Matarrese moved adoption of the resolution denying
the Appeal and upholding the Planning Board decision.
Councilmember Gilmore concurred with Councilmember Matarrese;
stated that the parties met on several occasions without resolving
the matter; stated that the Planning Board's approval of the
Planned Development was unanimous.
Councilmember Gilmore seconded the motion.
Under discussion, Councilmember Kerr stated that her motion was not
to encourage more negotiation but to have the Planning Board
consider a lower roof line.
On call of the question, THE SUBSEQUENT MOTION CARRIED by the
following voice vote: Ayes: Councilmembers Gilmore Matarrese and
Mayor Johnson - 3. Noes: Councilmembers Daysog and Kerr - 2.
Regular Meeting 6
Alameda City Council
April 20, 2004
Mayor Johnson called a recess at 9:20 p.m. and reconvened the
Regular Council Meeting at 9:35 p.m.
* **
Mayor Johnson requested that the Public Hearing regarding Community
Development Block Grant (CDBG) funding be addressed prior to the
bus shelter matter.
(04- ) Public Hearing to consider recommendation to adopt FY
2004 -05 Community Development Block Grant (CDBG) Action Plan, amend
FY2003 -04 CDBG Action Plan and authorize the City Manager to
negotiate and execute related documents, agreements and
modifications; and,
(04- A) Recommendation regarding CDBG public service allocations
Mayor Johnson opened the public portion of the hearing.
Proponents: Cynthia Wasko, SSHRB; Ed Clark, West Alameda Business
Association (WABA); Georgia Madden; WABA.
There being no further speakers, Mayor Johnson closed the public
portion of the hearing.
Councilmember Kerr requested that the funding for the Sentinel
Fair Housing be considered as a separate matter.
Vice Mayor Daysog moved approval of staff recommendation to adopt
FY 2004 -05 Community Development Block Grant (CDBG) Action Plan,
amend FY2003 -04 CDBG Action Plan and authorize the City Manager to
negotiate and execute related documents, agreements and
modifications excluding funding for Sentinel Fair Housing.
Councilmember Matarrese seconded the motion, which carried by the
following voice vote - 5.
Vice Mayor Daysog moved approval of funding for Sentinel Fair
Housing.
Councilmember Matarrese seconded the motion, which carried by the
following voice vote: Ayes: Councilmembers Daysog, Gilmore,
Matarrese and Mayor Johnson - 4. Noes: Councilmember Kerr - 1.
Regular Meeting
Alameda City Council
April 20, 2004
7
(04- ) Recommendation to approve bus shelter locations.
The Public Works Director gave a brief presentation.
Mayor Johnson inquired the amount of 2003 ridership data AC Transit
provided.
The Public Works Director responded that most of the locations have
2003 data; that data was not inclusive of all the routes; that
staff requested current data from AC Transit; the order of stops
was based upon historic data.
Councilmember Gilmore inquired who maintains the existing shelters,
to which the Public Works Director responded the Public Works
Department; that funds are not available to maintain the desired
standards.
Councilmember Gilmore inquired whether the new stop locations have
gone into effect, to which the Public Works Director responded in
the affirmative.
Councilmember Gilmore inquired what was the dimension differential
of a narrow and regular shelter.
The Public Works Director responded that a regular shelter was four
feet wide; that the narrow shelter was two and a half feet wide.
Councilmember Gilmore inquired the number of people a regular size
shelter would accommodate versus a narrow shelter, to which the
Public Works Director responded the same.
Mayor Johnson inquired what the lowest number of riders was on
Priority 1 stops.
The Public Works Director responded that some Priority 1 locations
have no Route "0" data; that the lowest ridership would be Location
#25, Ralph Appezzato Parkway at Poggie Street; 1998 data indicated
24 riders; 2003 data, which does not include the data for Route 50,
had 10 riders; reviewing historic data and knowing that some major
routes are missing, staff interpreted the ridership would exceed
25.
Mayor Johnson inquired whether there were any other stops with
less than 25 riders.
The Public Works Directors responded that #18, West Midway at Pan
Am, had 24 riders; that Constitution and Marina Village Parkway had
no data available; both locations have been identified as a
Regular Meeting
Alameda City Council
April 20, 2004
8
significant ridership locations.
Mayor Johnson inquired whether AC Transit collected the data, to
which the Public Works Director responded in the affirmative.
Councilmember Kerr inquired whether there had been any location
change suggested for the Corner of Webster Street and Santa Clara
Avenue, to which the Public Works Director responded in the
negative.
Councilmember Kerr inquired whether Alamedans Responsible for
Transit Shelters' (ARTS') ability to choose shelter locations would
be influenced by listing shelters as advertising and non - eligible
advertising, to which the Public Works Director responded that all
the locations would be suitable for non - advertising.
Vice Mayor Daysog inquired what mechanism ensured that ARTS had the
ability to select a location.
The Public Works Director responded that currently there was no
mechanism; that the Transportation Commission Subcommittee provided
a 3 -tier program which would allow ARTS more time in order to raise
funds to install non - advertised shelters; Tier 3 provided for
installation of 6 shelters before the raining season; Tier 2 would
provide installation of 10 shelters, and Tier 1 would provide the
rest.
Vice Mayor Daysog inquired when advertising discussions would be
completed.
The Public Works Director stated that currently there are no
negotiations with Lamar; the intent would be to have ARTS raise
funds for the purchase, installation and maintenance of any of the
locations; that once a location was removed from the list, Lamar
would not be allowed to consider the location.
Vice Mayor Daysog inquired whether a total of 25 shelters were to
be installed, to which the Public Works Director responded in the
affirmative.
Councilmember Matarrese stated that tonight's purpose was to
approve the locations; inquired whether the advertising eligible
column reflects whether the site meets the criteria approved by
Council at the April 6, 2004 meeting.
The Public Works Director responded in the affirmative.
Councilmember Kerr inquired when it was decided that privately
Regular Meeting 9
Alameda City Council
April 20, 2004
funded shelters include maintenance.
The Public Works Director responded that ARTS' never provided for
maintenance in the original proposal; that the Transportation
Commission went with AC Transit's Joint Powers Agreement because
the City does not have funds available to adequately maintain the
shelters.
Mayor Johnson inquired whether the list of 44 locations excludes
shelters within the West Alameda Business Association (WABA) and
Park Street Business Association (PSBA), to which the Public Works
Director responded in the affirmative.
Mayor Johnson inquired how many locations are in the WABA and PSBA
districts, to which the Public Works Director responded that WABA
currently does not have a plan; that there are approximately 5
shelters in the PSBA district.
Mayor Johnson inquired why 44 locations were recommended when only
25 would be built.
The Public Works Director responded that Council may remove some of
the locations from the list.
Councilmember Kerr stated that Lamar could base selection on the
number of cars going by and not ridership.
Mayor Johnson stated shelters need to serve transit riders, not the
advertising needs of the vendor.
Michael Torrey, Alameda, stated the shelter on Santa Clara Avenue
and Grand Avenue was on private property; that Poggie Street and
Ralph Appezzato Parkway has high ridership.
Richard Neveln, Alameda, urged support of the shelter program;
stated that other shelter producers should be investigated.
Pat Payne, Alameda, stated that she was opposed to advertising bus
shelters.
John Knox White, Transportation Commission, stated that the
Transportation Commission was working closely with ARTS.
Councilmember Gilmore inquired whether site approval would make
fund raising easier for ARTS.
Mr. Knox White responded that in order for any program to move
forward, sites need to be selected.
Regular Meeting
Alameda City Council
April 20, 2004
10
Mayor Johnson stated that Council requested staff to review
alternatives to Lamar; not designating shelters as advertising
eligible would take away some public concern.
Delores Jaquez, AC Transit, urged support of bus shelters; stated
AC Transit would soon have counters to track the number of
passengers.
Brad Nichols, Alameda, stated that he opposed have a bus shelter at
the corner of Santa Clara Avenue and Grand Avenue.
Mayor Johnson inquired whether the Santa Clara Avenue and Grand
Avenue location was Priority 2, to which the Public Works Director
responded in the affirmative.
Councilmember Kerr inquired whether the bus stops in front of the
church, to which the Public Works Director responded the Technical
Transportation Team decided not to move it to in front of the
church.
Cheryl Jones, Alameda, stated that she was concerned about shelters
because of vandalism and the lack of maintenance.
Mark Hom, Alameda, stated that he opposes having a bus shelter at
the southwest corner of Fernside Boulevard and High Street.
Norma Wall, ARTS, stated that she opposed advertising bus shelters.
Councilmember Gilmore inquired whether site selection would make it
easier for ARTS to raise funds.
Ms. Wall responded that sites should be selected on the basis of
ridership; that the site would dictate the type of design;
selection of the location would not help ARTS' fund raising
efforts.
Councilmember Gilmore stated that designating locations as
advertising eligible was good because it raised public concerns.
Mayor Johnson stated that Council could approve the list without
designating shelters as advertising eligible.
Yvonne Keel, Alameda, stated that her umbrella was her shelter.
Geraldine Morris, Alameda, stated that Blanding Avenue and Broadway
was a bad location for a bus stop; suggested waiting until the
shopping center was built; stated that ridership was very low.
Regular Meeting
Alameda City Council
April 20, 2004
11
Mayor Johnson inquired what the passenger count was for the
Blanding Avenue and Broadway stop, to which the Public Works
Director responded that the 2003 data indicated 113 boardings.
Miriam Sundheim, Alameda, stated that she supports bus benches and
opposes advertising.
Bill Smith, Alameda, discussed bus ridership.
Jon Spangler, Alameda, urged approval of the
recommended by the Transportation Commission.
Susan Decker, Alameda Transit Advocates (ATA),
bus shelters.
Golda Mason, ATA, commended staff for the hard work done on site
evaluations; urged approval of bus shelter locations.
Juliette Bleecker, Alameda, stated that she opposes bus shelters,
especially in residential neighborhoods.
bus shelter list
urged approval of
Blaise Ribet, Alameda, stated that she was fine with having a bus
shelter in front of her home, but would not like to see
advertising.
Reyla Graber, ARTS, updated the Council on financial developments;
stated that many individuals have supported shelters without
advertising; ARTS now has sufficient funds to purchase 6 bus
shelters; ARTS' shelters should not be relegated to non -ad shelter
locations; concurred with Mayor Johnson's suggestion that it would
be best to remove the non - advertising designator on the list.
Councilmember Gilmore inquired about the staggered installation of
the bus shelters.
Reyla Graber responded that ARTS would like to make a counter
proposal; more than 6 shelters might be able to be installed this
year.
Councilmember Kerr inquired whether ARTS was aware that anyone
buying a bus shelter would also have to maintain it.
Ms. Graber responded that was never proposed by ARTS; that ARTS was
an issue - oriented group; an outside source would maintain 25
shelters for approximately $21,000 per year.
Councilmember Gilmore inquired how frequently the shelters would be
Regular Meeting
Alameda City Council
April 20, 2004
12
maintained, to which Ms. Graber responded weekly.
Virginia Nichols, Alameda submitted a handout; questioned ridership
data; stated that she objects to having bus shelters in residential
neighborhoods.
Joe Cloren, Alameda, stated the bus stop at Belmont Avenue and
Mecartney Road was recently moved without sufficient notice; the
move has resulted in numerous complaints, suggested the stop be
moved back to its original location.
Michael Krueger, Alameda, stated that ARTS expressed concern about
focusing on non -ad sites for the pilot program; the Transportation
Commission agreed that ARTS could choose any sites; focus should be
on sites with highest ridership, transit points, and transit
dependent populations; stated that ARTS should have first pick of
the locations.
Councilmember Matarrese thanked ARTS for raising money; thanked
members of the Transportation Commission for their efforts; stated
that speakers gave practical reasons why certain sites should not
be included; that he would not vote for installing any shelter
unless the budget identified money for spotless maintenance; that
transit dependency should be high priority; suggested removing Page
2 because of unrealistic maintenance funds for that many shelters.
Councilmember Gilmore suggesting waiting for the developer's site
plans and design at Blanding Avenue before placing a shelter at the
location.
Mayor Johnson stated that the developer of the center should be
responsible for the shelter.
Councilmember Matarrese stated incorporating transportation should
be mandatory; staff should make arrangements with the shopping
center developer as they finalize plans; noted that he voted no on
the Joint Powers Agreement because of the ads; process should be
transparent; a footnote should indicate advertising or non -
advertising.
Mayor Johnson stated that most people support the concept of
shelters but not advertising; that Council could wait to designate
stops as advertising eligible; ridership numbers need to be
verified.
Councilmember Matarrese stated that there was no restriction on
advertising on bus benches in the City Code; Council needs to
review revising the Code.
Regular Meeting 13
Alameda City Council
April 20, 2004
Councilmember Kerr stated that most of the communication she has
received opposes shelters in front of houses; locations should not
be selected until design was determined; that canopy shelters have
not been considered.
Councilmember Gilmore inquired when Council would receive the
design guidelines from the Planning Board, to which the Public
Works Director responded that the Planning Board review would be on
April 26, 2004; design criteria would be considered by Council on
May 18, 2004.
Councilmember Gilmore inquired whether time would be lost by
considering the bus shelter locations at the same time as the
design guidelines.
The Public Works Director responded that if Council wants bus
shelters in before the rainy season, and is still considering
advertising shelters, then the matter would need to move ahead
tonight.
Councilmember Matarrese stated that sites should be identified
before design; no one was stating that they want advertising; that
he was ready to move forward and review the budget and what funds
are being raised; that he does not want to see a delay; selecting
sites first and then reviewing design was appropriate.
Councilmember Kerr stated that people do not want three -sided bus
shelters in front of their houses; homeowners have concerns with
noise; trash containers tend to attract overflow of garbage.
Vice Mayor Daysog stated the rainy season was being overstated;
Alameda has mild temperatures; thanked ARTS for raising funds;
Council needs to direct the City Manager and Staff to work on
behalf of the community; that he was concerned about
Transportation Commission handling negotiations; final authority
rests with the Council; the motion should include direction to City
staff on funding options; that he is concerned with the piecemeal
nature in dealing with siting criteria and addressing funding and
design issues later; that the City Manager and staff need to
determine how many bus shelters are expected from ARTS and in what
timeframe; that the Transportation Commission does not have wide
representation.
Councilmember Matarrese moved approval of the Priority 1 shelter
locations, excluding #25 and excluding the designation of whether
the shelter meets the criteria of advertising or non - advertising;
approval of directing staff to 1) prepare a budget with potential
Regular Meeting
Alameda City Council
April 20, 2004
14
revenue sources for maintaining each individual shelter through the
whole list, to provide incremental information, 2) provide a
summary of the number of shelters ARTS' funding commitment would
provide.
Mayor Johnson requested the motion be amended to include that staff
verify ridership prior to installing shelters.
Councilmember Matarrese agreed to amend the motion to include
verifying the accuracy of ridership numbers with AC Transit for
approved locations.
Councilmember Gilmore stated that originally there was a minimum
list of 25 sites; the motion narrows the list down to 24 sites;
inquired whether the list would continually decrease if shelters
are not placed in front of residences.
Mayor Johnson responded that additional sites could be added later.
Councilmember Matarrese stated that there was a need to focus down
to meet the commitment to have shelters by next winter.
Vice Mayor Daysog requested the motion be repeated.
The City Clerk repeated the motion.
Councilmember Kerr stated that committing ARTS to a certain number
of shelters would be premature.
Councilmember Matarrese clarified that the motion was not a
commitment [for ARTS]; ARTS mentioned funding already in hand; that
his motion was to direct staff to provide information on exact
number [budget] and how many shelters would be funded.
Ms. Graber stated that ARTS has a goal of at least 10 shelters by
the rainy season; that the Transportation Commission Subcommittee
has indicated that they are open to a variety of styles.
Mayor Johnson stated that Council does not want to limit the type
of shelters.
Ms. Graber stated that the narrow, three -sided shelter was better
looking than the deep, shed -type shelter.
Vice Mayor Daysog seconded the motion, without limiting the type of
shelter.
Under discussion, the City Manager stated that a plan of action
Regular Meeting
Alameda City Council
April 20, 2004
15
would be brought back for Council consideration.
On call for the question, the motion carried by the following voice
vote: Ayes: Councilmembers Daysog, Gilmore, Matarrese and Mayor
Johnson - 4. Noes: Councilmember Kerr - 1.
(04- ) Recommendation to authorize the City Manager to execute a
Relinquishment Agreement with the California Department of
Transportation for the Webster Street Right -of -Way (State Highway
260) between Central Avenue and Ralph J. Appezzato Parkway
(Atlantic Avenue); and
(04- A) Recommendation to adopt Plans and Specifications and
authorize Call for Bids for Webster Renaissance Project No. P.W.
07- 02 -07.
Sherri Stieg, WABA; Mi'Chelle Frerick, WABA; and Georgia Madden,
WABA thanked city staff and Council for moving the project forward.
Vice Mayor Daysog moved approval of the staff recommendation.
Under discussion, Councilmember Matarrese stated that project was
an important half of the City's redevelopment.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 5.
(04- ) Ordinance No. 2921, "Amending the Alameda Municipal Code
by Amending Section 1 -7 (Administrative Citations) of Chapter I
(General) pertaining to code enforcement." Finally passed.
Councilmember Kerr stated that she was delighted to see the 55 cent
confirmation option added to the Ordinance.
Councilmember Kerr moved final passage of the Ordinance.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 5.
ORAL COMMUNICATIONS, NON- AGENDA
None.
COUNCIL COMMUNICATIONS
(04- ) Discussion on requiring a competitive bid process for all
bonds /debts issued by the City.
Regular Meeting
Alameda City Council
April 20, 2004
16
Vice Mayor Daysog stated information was being gathered; thanked
staff for informative memo.
The Finance Director stated that the California Debt Advisory
Commission oversees all debt issuance in California; seminars are
offered on fundamentals of debt financing; a seminar could be
organized for Council to review financing tools available.
The Council concurred with the suggestions.
Vice Mayor Daysog suggested that the workshop be scheduled prior to
a City Council meeting.
Mayor Johnson stated that a workshop would be a great idea.
(04- ) Councilmember Matarrese requested periodic updates on the
Webster Street Strategic Planning process and timeline and
report and progress on the catalyst project.
(04- ) Councilmember Matarrese requested staff to address the
weeds on the median strip at Tilden Way and Fernside Avenue.
(04- ) Councilmember Kerr stated old equipment is being stored
on the area designated to be a park in the Kaufman and Broad
project on Buena Vista Avenue; requested staff review the matter.
(04- ) Councilmember Kerr stated the City's website was updated
and it is difficult to find items, such as the Municipal code
and Northern Waterfront Strategic Plan.
(04- Councilmember Kerr stated AP &T sponsors events; law
requires a certain amount of municipal utilities budget be used on
public service; requested a list of all money spent on public
service, including telecom marketing efforts.
(04- ) Vice Mayor Daysog stated that it is a privilege to serve
on the City's Council.
8. ADJOURNMENT - --
There being no further business, Mayor Johnson adjourned the
Regular Meeting at 11:58 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
April 20, 2004
17
CITY OF ALAMEDA
MEMORANDUM
Date: April 13, 2004
To: Honorable Mayor and
Councilmembers
From: James M. Flint
City Manager
Re: Quarterly Financial Report Period Ending March 31, 2004
BACKGROUND
The City Council adopted a 2 -year spending plan for 2002 -2004 and annually appropriate
funds consistent with the charter and government code requirements. The total adjusted
2003 -04 budget for all City funds amounts to $286,105,279.
DISCUSSION /ANALYSIS
General Fund Revenues:
Our General Fund revenues for the period ending March 31, 2004 totaled $37,808,762
representing 60.79% of our updated revenue projections of $62,198,208. The main
sources of local tax revenues include the property tax (24.96 %), the local component of the
sales and use tax (10.00 %), the vehicle license fee (VLF) (4.0 %) and a variety of "all other
levies" (30 %). The latter includes utility user tax, transient occupancy tax, property transfer
tax, business license tax, etc. General Fund revenue detail can be found in Exhibit B on
pages 8 -10 of the attachment.
1. The City received 52.19% of its estimated property tax allocation from the Alameda
County Treasurer by March 31, 2004. On April 13, 2004 we received another
installment in the sum of $6,116,498.79. Clean up payments of our property tax
share are scheduled for June, July and August. Please note that the ERAF
(Educational Revenue Augmentation Fund) shift for FY 03 -04 is $4.3 million. Over
the last 14 years a total of $37 million from our local property tax share has been
shifted to the ERAF.
2. Certain revenue sources may appear below projected annual estimates. There is a
30 -60 day lag in receipt of several major revenues. These revenue sources include
sales tax, utility user tax, vehicle -in -lieu subventions, and franchise fee payments
from Waste Management, Inc., PG &E and Comcast.
"Dedicated to Excellence, Committed to Service"
Report #4 -B CC
5 -4 -04
Honorable Mayor and
Councilmembers
April 13, 2004
Page 2 of 3
These revenues are only accrued at year end and recorded on a cash basis during
the fiscal year. The cablevision provider makes franchise fee payments quarterly
while PG &E remits franchise fee on gas on an annual basis (On April 15th we
received $178,000 from PG &E).
3. Sales tax payments received in July and August are accrued for the prior year as
these payments represent taxes paid or generated in Alameda for sales
transactions in April, May and June of the prior fiscal year.
4. Transfers from the Alameda Power & Telecom are remitted to the City's General
Fund in 10 equal monthly installments.
We've adjusted certain revenue sources and added $5,000 to our overall estimates. Our
revenue projections are conservative and therefore we anticipate that we will meet our
estimates.
General Fund Appropriations:
A decrease in General Fund appropriations of $50,000 for the third quarter is the reduction
in anticipated consulting costs in Human Resources.
General Fund Expenditures:
Our General Fund operating expenditures for the nine months ending March 31, 2004
amounted to $41,673,991, representing 70.73% of our operating budget of $58,922,843.
Non - departmental expenditures totaled $235,644 and included expenditures for property
tax collection, rent subsidies for the Alameda Historical Museum, write off of $3,000 for the
Alameda Civic Light loan, customer service program and transfers to SSHRB.
In addition, we transferred out of General Fund to special funds ($3,592,111). Transfers to
other funds included transfers to Library operations ($1,162,500), Urban Runoff($48,750),
Capital Improvement ($558,361), Debt Service - City Hall /Library ($697,500), and Risk
Management ($1,125,000). Capital outlay purchases funded by General Fund amounted
to $30,457. Combined General Fund expenditures for the third quarter amounted to
$45,532,203 or 70.82% total of appropriations of $64,292,313. General Fund expenditures
by departments can be found on pages 32 -34 of Exhibit B.
Special Revenue and Enterprise Funds:
The summary of revenues and expenditures for special funds and enterprise funds are
also included herein. (Revenues pages 11 -31, Expenditures pages 35 -37).
"Dedicated to Excellence, Committed to Service"
Honorable Mayor and
Councilmembers
BUDGET /FISCAL IMPACT
April 13, 2004
Page 3 of 3
At the end of the third quarter, we project that we will draw $2,094,105 from reserves on
June 30, 2004 (see Exhibit B, Page 7). The Summary Analysis for all funds can be found
on Exhibit C, pages 37 -39. As we reported to you at midyear, the projected operating
deficit is a result of State budget impacts. The projected General Fund reserve for
Economic uncertainties for June 30, 2004 is $16,773,333 and is 28.4% of the operating
budget for FY 2003 -04.
RECOMMENDATION
The City Manager recommends that the City Council accept the report on the results of
operations for the quarter ending March 31, 2004 for all funds.
Respectfully submitted,
James M. Flint
City Manager
By: Zenda James
Finance Director
ZJ /fl
G: \FINANCE \COUNCIL \050404 \QTRFIN0331.W PD
Attachments
Budget Profile, Exhibit A
Recap of Receipts /Disbursements, Exhibit B
Summary Analysis of Funds, Exhibit C
"Dedicated to Excellence, Committed to Service"
1
BUDGET PROFILE - 2003 -04
General Fund
1Enterprise Fund
Special Revenue Fund
Debt Service Funds
Alameda Power & Telecom $ 48,448,545
Ferry Services 3,742,577
Golf 12,556,581
Sewer Enterprise 2,778,310
Abandoned Vehicle Program $ 61,635
Affordable Housing Fund 593,927
Asset Seizure Funds 32,231
Athletic Trust Fund 954,007
CDBG 4,120,834
CHRO/Lead 146,592
Commercial Revitalization 214,945
Curbside Recycling 1,947,034
Dwelling Unit Tax 223,966.00
Equipment Acquisition 21,300
Equipment Replacement Fund 700,260
Fire Equipment Fund 75,000
Fisc Lease Revenue Fund 3,061,721
Garbage Surcharge 265,661
Gas Tax 1,460,502
Home Funds 1,791,646
Housing Developments 20,000
Housing in Lieu 352,731
Housing Authority 26,127,864
Human Services (SSHRB) 627,892
Library 2,717,054
Low and Moderate Income Housing:
WECIP 1,182,098
BWIP 831,819
APIP 94,703
Measure B 3,233,610
Parking Meter Fund 1,678,968
Rehabilitation Repayment 1,148,896
Redevelopment:
BWIP 10,420, 855
WECIP 4,093,735
APIP 709,726
Senior Citizens Transportation 38,850
Tidelands Trust 171,309
Transportation Fund 185,000
Traffic Safety Fund 454,416
Waste Management/Recycling 789,574
4
EXHIBIT A
$64,292,313 22.55%
$67,526,013 23.68%
$70,550,361 24.75%
$14,107,105 4.95%
BUDGET PROFILE - 2003 -04
Capital Projects Funds
Fiduciary Funds
Internal Service Funds
Total All Funds
Alameda Point Bond Project Fund
Capital Improvement Fund
CFD #1
CFD #2
Construction Improvement Fund
Island City Maintenance District
Police /Fire Impact Fees
Transportation Improvement Fund
Urban Runoff
*Excludes unfunded projects
515,800
25,732,597
1,470,000
181,220
25,966
1,077,200
24,219
2,329,532
2,193, 652
Alameda Reuse & Redevelopment 21,391,927
Pension Plan #1079 3,790,000
Pension Plan #1082 610,000
Dental Trust 350,000
Central Garage 150,000
Central Stores 700,000
Housing Authority Reimbursables 2,000,000
Risk Management 2,014,277
Technology Service Fund 606,500
Unemployment 31,000
Workers Compensation Trust 3,435,597
5
EXHIBIT A
$33,550,186 11.77%
$25,791,927 9.05%
$9,287,374 3.26%
$285,105,279 100.00%
BUDGET PROFILE - 2003 -04
FUNDS
Percent of Total
Appropriations
General Fund
Enterprise Funds
Special Revenue Funds
Debt Service Funds
Capital Projects Funds
Fiduciary Funds
Internal Service Funds
22.55%
23.68%
24.75%
4.95%
11.77%
9.05%
3.26%
$64,292,313
67,526,013
70,550,361
14,107,105
33,550,186
25,791,927
9,287,374
100.00%
$285,105,279
CITY OF ALAMEDA
2003 -04
3%
• General Fund
• Enterprise Funds
• Special Revenue
Funds
0 Debt Service
Funds
• Capital Projects
Funds
• Fiduciary Funds
• Internal Service
Funds
GENERAL FUND
RECAPITULATION OF RECEIPTS AND DISBURSEMENTS
PERIOD ENDING MARCH 31, 2004
EXHIBIT B
2003 -04 Actual vs 2003 -04
Actual Budgeted Budgeted
UNAUDITED FUND BALANCE - July 1, 2003 * $17,866,684 $17,866,684
Funds earmarked for operating shortfall 1,000,754 1,000,754
RECEIPTS:
21.61% Property Taxes $8,168,794
43.47% Other Local Taxes 16,436,645
4.77% Licenses and Permits 1,802,127
-1.05% Use of Money and Property (397,630)
1.38% Fines and Forfeitures 522,721
6.03% Revenue from Other Agencies 2,281,710
10.08% Current Services 3,811,189
13.71% Contributions from other funds 5,183,206
EXPENDITURES:
9.32% City Administration $4,243,820
63.00% Public Safety 28,684,813
1.67% Planning 758,209
3.01% Development Services 1,369,348
8.97% Public Works 4,084,204
5.56% Recreation Services 2,533,597
0.07% Capital Outlay 30,457
6.36% Transfers 2,894,611
1.53% Debt Service 697,500
0.52% Non - Departmental 235,644
CURRENT YEAR BALANCE OF
REVENUES VS. EXPENDITURES
ENDING FUND BALANCE
* Includes: $2,399,474 Accrued Vacation
783,000 Post Retirement Health
3,182,474
7
$37,808,762 60.79% $62,198,208
$45,532,203 70.82% $64,292,313
($7,723,442) ($2,094,105)
$11,143,996 $16,773,333
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FUND 704
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TOTAL - GENERAL FUND
ORIGINAL
ELAPSED TIME: 75%
EXHIBIT B
APPROPRIATIONS Third Qtr Adjusted EXPENDITURES BALANCE
2003 -04 Adjustments Appropriations 31- Mar -04 31- Mar -04
SPECIAL FUNDS
93006 ABANDONED VEHICLE PROGRAM
266 AFFORDABLE HOUSING FUND
856 ALAMEDA POINT BOND PROJ. FUND
858 ALAMEDA REDEV & REUSE AUTHORITY
219 ASSET SEIZURE FUNDS
280 ATHLETIC TRUST
268 CALIFORNIA HOUSING REHAB /LEAD
310 CAPITAL IMPROVEMENT FUND
703 CENTRAL GARAGE
702 CENTRAL STORES
361 CFD #2 PARAGON
227 COMMERCIAL REVITALIZATION
236 COMMUNITY DEVELOPMENT
164 CONSTRUCTION IMPROVEMENT TAX
273 CURBSIDE RECYCLING
DEBT SERVICE FUNDS:
328 2003 AP Revenue Bond Project
413 1990 Police Bldg
415 1989 COPS ABAG
417 1994 Street Improvements
419 Debt Service - Library and Golf Project
421 Debt Service - Library BD 2003
458 Assess Dist 84 -3A
460 Assiss Dist 84 -3B
461 Debt CIC Tax Allo Bd
462 Debt CIC Sub Bond
463 CFD #4 Tax Bond
464 Refinance Cityhall
465 2003 Tax Allocation Refi - BWIP
466 2003 CIC Tax Allocation Bond
468 2003 AP Revenue Bond Debt
832 Assess Dist 89 -1
835 1998 Revenue Bond Debt
836 1999 Revenue Bond Debt
857 Alameda Point Bond
860 ASSESS DIST CFD #1
861 ASSESS DIST CDF #2 PARAGON
204.4 CIC -BWIP HSG 2002 Bd Project
713 DENTAL TRUST
221 DWELLING UNIT TAX FUND
298 EQUIPMENT ACQUISITION FUND
$61,635 $61,635 $61,706
403,454 593,927 94,257
O 515,800 1,536,007
21,930,007 21,391,927 9,550,906
100,000 32,231 3,000
924,007 954,007 844,178
146,592 146,592 64,758
25,850,499 329,494 25,732,597 6,764,616
150,000 150,000 212,524
700,000 700,000 438,314
O 0 831
191,604 23,341 214,945 81,052
4,114,133 (2,649) 4,120,834 1,567,151
25,966 25,966 0
1,947,034 1,947,034 7,618
15,809,249
O 288,905 475,628. (186,723)
237,960 237,960 235,362 2,598
251,700 727,557 727,557 (0)
448,960 448,960 466,941 (17,981)
373,893 373,893 256,651 117,242
O 167,227 417,677 (250,450)
332,000 332,000 296,125 35,875
3,512,410 110,000 210,000 89,145 120,855
1,026,266 1,346,555 1,346,555 (0)
338,527 338,527 504,464 (165,937)
0 0 831,763 (831,763)
O 0 830,092 (830,092)
O 0 18,699,485 (18,699,485)
O 0 2,742,460 (2,742,460)
O 0 9,217,978 (9,217,978)
O 0 2,526,178 (2,526,178)
2,816,729 2,816,729 4,387,351 (1,570,622)
3,645,633 3,645,633 6,089,372 (2,443,739)
1,164,606 1,164,606 10,462,202 (9,297,596)
1,470,000 1,470,000 1,468,891 1,109
181,220 181,220 213,569 (32,349)
O 1,655,822 1,655,822 1,322,614 333,208
350,000 350,000 620,306 (270,306)
196,000 223,966 10,565 213,401
96,300 96,300 4,512 91,788
119 EQUIPMENT REPLACEMENT FUND 684,505 700,260 532,953 167,307
621.1 EASTEND FERRY 1,419,408 1,454,408 837,209 617,198
621.2 WESTEND FERRY 2,288,169 2,288,169 1,635,962 652,208
256 FISC LEASE REVENUE FUND 3,061,721 3,061,721 1,978,290 1,083,431
256.1 FISC - CATELLUS 0 0 2,213,871 (2,213,871)
270 GARBAGE SURCHARGE (GAS MONITORING 265,661 265,661 92,359 173,302
211 GAS TAX FUND 1,460,502 1,460,502 1,279,006 181,496
601 GOLF ENTERPRISE FUND 12,556,581 12,556,581 3,137,533 9,419,048
313 HBIA ASSESSMENT DIST 92 -1 0 0 1,330,000 - (1,330,000)
248 HOME REPAYMENT FUND 0 0 57,474 (57,474)
235 HOME Fund 1,447,706 455 1,791,646 412,042 1,379,604
115 HOUSING AUTHORITY REIMBURSABLE FUNI 500,000 2,000,000 1,963,050 36,950
265 HOUSING DEVELOPMENT 20,000 20,000 401 19,599
204.5 HOUSING IN LIEU 267,000 352,731 0 352,731
267 HUMAN SERVICES /SSHRB/YOUTH COLLAB. 611,212 (999) 627,892 85,610 542,281
275 ISLAND CITY MAINTENANCE DISTRICTS: 0 0 0 0
275.1 84 -2 Zone 1 5,520 5,520 1,249 4,271
275.2 84 -2 Zone 2 21,382 21,382 4,007 17,375
275.3 84-2 Zone 3 29,237 29,237 4,007 25,230
275.4 84 -2 Zone 4 71,090 71,090 36,764 34,326
275.5 84 -2 Zone 5 645,261 645,261 552,408 92,853
275.6 84 -2 Zone 6 293,500 293,500 252,040 41,460
275.7 84- 2Zone7 11,210 11,210 31,325 (20,115)
210 LIBRARY FUND 2,717,054 2,717,054 1,843,525 873,529
202 LOW AND MOD INC HOUSING (WECIP) 1,182,098 1,182,098 299,882 882,216
204 LOW AND MOD INC HOUSING (BWIP) 1,598,282 (800,000) 831,819 301,141 530,678
206 LOW AND MOD INC HOUSING (APIP) 94,703 94,703 34,851 59,852
276 MARINA COVE MAINT DT 01 -1 0 0 1,000 (1,000)
312 MARINA DISTRICT A.D.89 -1 0 0 59 (59)
215 MEASURE B FUND 300,356 (112,141) 188,215 27,046 161,169
215.1 MEASURE B FUND Local St & Rd 2,413,116 160,000 1,874,660 538,471 1,336,189
215.2 MEASURE B BICYCLE PED IMP 277,305 220,000 31,570 188,430
215.3 MEASURE B TRANSBAY FERRY 713,470 713,470 511,906 201,565
215.4 MEASURE B PARA TRANSIT 237,264 237,264 46,752 190,512
318 OPEN SPACE IMPROVEMENT 0 44,493 44,493 0
($71)
499,670
(1,020,207)
11,841,021
29,231
109,829
81,834
18,967,980
(62,524)
261,686
(831)
133,893
2,553,684
25,966
1,939,416
35
ORIGINAL
ELAPSED TIME: 75%
EXHIBIT B
APPROPRIATIONS Third Qtr Adjusted EXPENDITURES BALANCE
2003-04 Adjustments Appropriations 31- Mar -04 31- Mar -04
SPECIAL FUNDS
224 PARKING METER FUND
801 PENSION FUND - 1079
802 PENSION FUND - 1082
161 POLICE /FIRE IMPACT FEES
203 REDEV. BWIP
201 REDEV. WECIP
205 REDEV. APIP
249 REHAB REPAYMENT FUND
712 RISK MANAGEMENT
602 SANITARY SEWER ENTERPRISE FUND
620 SENIOR CITIZENS TRANSPORTATION
704 TECHNOLOGY SERVICE FUND
216 TIDELANDS TRUST FUND
213 TRAFFIC SAFETY FUNDS
214 TRANSPORTATION FUND(RABA)
350 TRANSPORTATION IMPROVEMENT FUND
715 UNEMPLOYMENT
351 URBAN RUNOFF
274 WASTE MANAGEMENT /RECYCLING
711 WORKERS COMPENSATION TRUST
Total Special Funds
GRAND TOTAL - ALL FUNDS
1,678,968 1,678,968 262,837 1,416,132
3,790,000 3,790,000 2,538,890 1,251,110
460,000 610,000 857,987 (247,987)
35,000 24,219 26,250 (2,031)
10,150,855 270,000 10,420,855 7,959,791 2,461,064
4,093,735 4,093,735 2,388,163 1,705,572
709,726 709,726 387,424 322,302
1,142,194 6,701 1,148,896 419,184 729,712
1,864,277 2,014,277 1,623,906 390,371
2,778,310 2,778,310 2,198,459 579,851
38,850 38,850 26,121 12,729
556,500 606,500 469,638 136,862
171,309 171,309 66,377 104,931
150,000 454,416 491,916 (37,500)
0 185,000 185,000 30,307 154,693
2,294,533 2,329,532 317,756 2,011,776
31,000 31,000 44,462 (13,462)
2,188,652 2,193,652 874,549 1,319,103
789,574 789,574 520,017 269,557
3,294,709 3,435,597 1,301,241 2,134,356
$161,080,646 $1,825,025 $145,928,318 $128,393,894 $17,534,425
$224,028,300 $210,220,632 $173,926,097 $36,294,535
EXHIBIT C
SUMMARY ANALYSIS OF FUNDS
ACTUAL ESTIMATED ADJUSTED ESTIMATED
BALANCE REVENUES APPROPRIATIONS BALANCE
06/30/03 2003 -04 2003 -04 06/30/04
001 GENERAL FUND - CURRENT
Earmarked for Operating
119 RESERVED - EQUIPMENT REPLACEMENT
161 POLICE /FIRE IMPACT FEES
164 RESERVED - CAPITAL IMPROVEMENTS
r
$16,549,456 $62,198,208
63,291,559 $15,456,105
1,000,754 1,000,754 0
1,394,319 950,000 700,260 1,644,059
(5,781) 30,000 24,219 0
(71,310) 485,635 25,966 388,359
Sub total General Fund $18,867,438 $63,663,843 $65,042,758 $17,488,523
* Includes accrued vacation and post retirement health
SPECIAL FUNDS
259 AB434 - VEHICLE REGISTRATION $37,392 $0 $0 $37,392
310 -93006 ABANDONED VEHICLE PROGRAM 164,496 80,000 61,635 182,861
266 AFFORDABLE HOUSING FUND 253,340 363,012 593,927 22,425
856 ALAMEDA POINT PROJECT BOND FUNDS 1,530,188 61,800 515,800 1,076,188
ALAMEDA POWER & TELECOM 47,963,294 48,448,545
858 ALAMEDA REUSE & REDEVELOPMENT AUTH. 4,094,844 9,230,428 21,391,927 (8,066,655)
219 ASSET SEIZURE FUNDS (67,769) 100,000 32,231 0
280 ATHLETIC TRUST FUND 291,730 832,837 954,007 170,560
310 CAPITAL IMPROVEMENT FUND 11,744,195 26,110,739 25,732,597 12,122,338
340.11 CDF WE TRAFFIC SAFETY 365,577 0 0 365,577
340.12 CDF WE PARKS & RECREATION 3,962 0 0 3,962
340.13 CDF WE PUBLIC FACILITIES 9,670 0 0 9,670
340.14 CDF WE PUBLIC SAFETY 8,324 0 0 8,324
340.21 CDF NW TRAFFIC SAFETY 146,384 0 0 146,384
340.22 CDF NW PARK & RECREATION 124,887 0 0 124,887
340.23 CDF NW PUBLIC FACILITIES 22,127 0 0 22,127
340.24 CDF NW PUBLIC SAFETY 9,687 0 0 9,687
340.31 CDF CEE TRAFFIC SAFETY 16,727 0 0 16,727
340.32 CDF CEE PARKS & RECREATION 5,632 0 0 5,632
340.33 CDF CEE PUBLIC FACILITIES 1,346 0 0 1,346
340.34 CDF CEE PARKS & RECREATION 691 0 0 691
340.41 CDF BF TRAFFIC SAFETY 7,434 0 0 7,434
340.42 CDF BF PARK & RECREATION 38,186 0 0 38,186
340.43 CDF BF PUBLIC FACILITIES 6,485 0 0 6,485
340.44 CDF BF PUBLIC SAFETY 2,795 0 0 2,795
703 CENTRAL GARAGE 25,641 253,717 150,000 129,358
702 CENTRAL STORES 924 899,049 700,000 199,973
268 CHRPO /LEAD 30,541 120,000 146,592 3,949
227 COMMERCIAL REVITALIZATION 413,480 427,449 214,945 625,984
236 COMMUNITY DEVELOPMENT BLOCK GRANT 0 4,123,484 4,120,834 2,650
360 COMMUNITY FACILITIES DISTRICT #1 HBIA 210 73,900 0 74,110
361 COMMUNITY FACILITIES DISTRICT #2 (PARAGON) 454,355 100,000 0 554,355
273 CURBSIDE RECYCLING FUND 265,601 1,800,000 1,947,034 118,567
DEBT SERVICE FUNDS:
860 CFD #1 2,775,191 1,453,000 1,470,000 2,758,191
861 CFD #2 397,059 206,000 181,220 421,839
461 CIC TAX ALLOC. BD 1,050,410 0 1,346,555 (296,145)
462 CIC SUB BOND 865,182 . 0 338,527 526,655
463 CFD #4 TAX BOND 648,702 0 0 648,702
413 Jail Facility 291,672 259,000 237,960 312,712
415 ABAG #20 727,187 24,500 727,557 24,130
37
EXHIBIT C
SUMMARY ANALYSIS OF FUNDS
ACTUAL ESTIMATED ADJUSTED ESTIMATED
BALANCE REVENUES APPROPRIATIONS BALANCE
06/30/03 2003 -04 2003 -04 06/30/04
417 Street Improvement Bonds
419 Library/Golf Bonds
421 New Main Library Bonds
420 Alameda Point Project
452 Maitland Drive
834 Marina Village
458 Assessment Dist 84 -3A
460 Assessment Dist 84 -3B
464 Cityhall Refinance
832 Assessment Dist 89 -1
833 Assessment Dist 92 -1
835 1998 Revenue Bonds
836 1999 Revenue Bonds
328 2003 Revenue Bonds
201.11 2003 CIC Tax Alloc 2003A1
201.13 2003 CIC Tax Alloc 2003A2
201.15 2003 CIC Tax Alloc 2003B
204.4 CIC- BWIP HSG 2002 BOND
204.5 CIC - HOUSING IN -LIEU FEE
857 Alameda Point
713 DENTAL TRUST
876 DIKE MAINTENANCE FUND
221 DWELLING UNIT FUND
298 EQUIPMENT ACQUISITION
621 FERRY SERVICE FUND
621.1 EASTEND FERRY
621.2 WESTEND FERRY
256 FISC LEASE REVENUE FUND
256.1 FISC LEASE REVENUE FUND
270 GARBAGE SURCHARGE
211 GAS TAX
601 GOLF ENTERPRISE FUND
313 HBIAASSESSMENT DIST 92 -1
235 HOME Fund
248 HOME REPAYMENT FUND
HOUSING AUTHORITY
115 HOUSING AUTHORITY REIMBURSABLE FUND
265 HOUSING DEVELOPMENT
265.1 HA SECTION 8 PROJECT
275 ISLAND CITY MAINTENANCE DISTRICTS
275.1 Zone #1
275.2 Zone #2
275.3 Zone #3
275.4 Zone #4
275.5 Zone #5
275.6 Zone #6
275.7 Zone #7
317 LIBRARY CONSTRUCTION FUND
210 LIBRARY OPERATING FUND
206 LOW AND MODERATE INCOME HOUSING -APIP
204 LOW AND MODERATE INCOME HOUSING -BWIP
202 LOW AND MODERATE INCOME HOUSING -WECIP
276 MARINA COVE MAINT DT
312 MARINA VILLAGE - ASSESSMENT DISTRICT 89 -1
215 MEASURE B
215.1 MEASURE B LOCAL ST & RD
215.2 MEASURE B BICYCLE PED IMP
215.3 MEASURE B TRANSBAY FERRY
272,432 491,500 448,960 314,972
611,368 291,000 373,893 528,475
163,454 0 167,227 (3,773)
O 65,000 0 65,000
O 6,000 0 6,000
O 472,000 0 472,000
593,196 349,000 332,000 610,196
213,713 113,800 210,000 117,513
1,405,129 0 0 1,405,129
5,694,125 3,652,000 0 9,346,125
31,699 2,963,000 0 2,994,699
24,810,571 1,468,005 2,816,729 23,461,847
29,199,776 2,790,000 3,645,633 28,344,143
O 0 288,905 (288,905)
O 6,500,000 6,500,000
0 25,675,000 25,675,000
O 8,000,000 8,000,000
O 0 1,655,822 (1,655,822)
O 0 352,731 (352,731)
1,694,876 32,000 1,164,606 562,270
(56,834) 409,852 350,000 3,018
315,376 20,000 0 335,376
(28,476) 60,000 223,966 (192,442)
182,462 95,867 96,300 182,029
10,484,642 0 0 10,484,642
29,118 1,454,408 1,454,408 29,118
336,881 2,288,169 2,288,169 336,881
(684,424) 352,133 3,061,721 (3,394,012)
236,815 0 0 236,815
394,262 58,333 265,661 186,934
78,154 1,667,500 1,460,502 285,152
7,693,515 5,712,400 12,556,581 849,334
3,051,460 368,000 0 3,419,460
46,338 1,745,308 1,791,646 0
133,302 0 0 133,302
O 25,209,933 26,127,864 0
O 2,000,000 2,000,000 0
0 20,000 20,000 0
99,670 0 0 99,670
3,819 4,850 5,520 3,149
52,125 18,650 21,382 49,393
53,355 17,000 29,237 41,118
55,669 62,000 71,090 46,579
4,114 620,750 645,261 (20,397)
198,830 313,500 293,500 218,830
29,315 10,200 11,210 28,305
1,318,689 67,075 0 1,385,764
O 2,680,054 2,717,054 (37,000)
174,298 44,428 94,703 124,023
2,266,591 643,300 831,819 2,078,072
875,568 949,000 1,182,098 642,470
24,189 0 0 24,189
2,467,422 123,138 0 2,590,560
1,652,084 0 188,215 1,463,869
917,075 1,218,849 1,874,660 261,264
84,767 164,830 220,000 29,597
331,667 686,095 713,470 304,292
38
EXHIBIT C
SUMMARY ANALYSIS OF FUNDS
ACTUAL ESTIMATED .ADJUSTED ESTIMATED
BALANCE REVENUES APPROPRIATIONS BALANCE
06/30/03 2003 -04 2003 -04 06/30/04
215.4 MEASURE B PARA TRANSIT 105,817 132,599
318 OPEN SPACE IMPROVEMENT 0 1,047,471
223 PARKING IN LIEU 46,217 0
224 PARKING METER FUND 2,202,978 465,000
801 PENSION PLAN 1079
802 PENSION PLAN 1082
203 REDEVELOPMENT - BWIP
203.1 REDEVELOPMENT - BWIP CATELLUS
205 REDEVELOPMENT - APIP
201 REDEVELOPMENT - WECIP
249 REHABILITATION REPAYMENT
712 RISK MANAGEMENT
602 SANITARY SEWER ENTERPRISE FUNDS
620 SENIOR CITIZENS TRANSPORTATION
267 SSHRB
704 TECHNOLOGY SERVICE FUND
216 TIDELANDS TRUST FUND
213 TRAFFIC SAFETY FUND
214 TRANSPORTATION FUND
350 TRANSPORTATION IMPROVEMENT FUND
715 UNEMPLOYMENT
351 URBAN RUNOFF SPECIAL REVENUE FUND
274 WASTE MANAGEMENT /RECYCLING FUND
820 WEST LAGOON HOMEOWNERS
711 WORKERS COMPENSATION TRUST
SPECIAL REVENUE FUNDS - TOTAL
COMBINED TOTAL - ALL FUNDS
0 4,025,000
(10,122) 566,695
1,447,225 8,538,300
(3,929) 0
(1,122,777) 584,855
(1,884,067) 4,216,016
967,007 183,000
1,158,875 1,861,748
31,362,692 5,128,027
23,586 38,850
109,605 476,194
370,118 556,500
523,642 150,000
379,416 150,000
180,814 0
2,116,292 215,000
69,765 30,616
1,765,744 2,670,216
3,201,305 998,257
0 62,000
(3,194,592) 1,145,449
237,264
44,493
0
1,678,968
3,790,000
610,000
10, 420, 855
0
709,726
4,093,735
1,148, 896
2,014,277
2,778,310
38,850
627,892
606,500
171,309
454,416
185,000
2,329,532
31,000
2,193, 652
789,574
0
3,435,597
1,152
1,002,978
46,217
989,010
235,000
(53,427)
(435,330)
(3,929)
(1,247,648)
(1,761,786)
1,111
1,006,346
33, 712,409
23,586
(42, 093)
320,118
502,333
75,000
(4,186)
1,760
69,381
2,242,308
3,409,988
62,000
(5,484, 740)
$164,092,273 $229,677,929
$219,754,282 $174,015,920
$182,959,711 $293,341,772 $284,797,041 $191,504,442
39
CITY OF ALAMEDA
Memorandum
Date: April 21, 2004
To: Honorable Mayor
and Councilmembers
From: Lara Weisiger
City Clerk
Re: Authorizing Call for Bid for Legal Advertising for the Fiscal Year Ending June
30, 2005
Background
Section 3 -18 of the City Charter requires an annual contract for publication of all legal advertising
of the City in a newspaper adjudicated to be a newspaper of general circulation within the City of
Alameda.
Discussion /Analysis
The Alameda Journal is the Official Newspaper of the City for legal advertising for the fiscal year
ending June 30, 2004. With Council authorization, the City Clerk will publish a notice in the
Alameda Journal stating Council will receive bids up to the hour of 2:00 p.m. on Wednesday, May
26, 2004, for the publication of all legal advertising for the fiscal year ending June 30, 2005.
Budget Consideration
None.
Recommendation
It is recommended that the City Council authorize the City Clerk to call for bids for the publication
of all City legal advertising for fiscal year ending June 30, 2005.
Respectfully submitted,
Lara Weisiger
City Clerk
Attachment - 1 (Specifications)
Report #4 -C CC
5 -4 -04
SPECIFICATIONS FOR LEGAL ADVERTISING
Legal advertising must be published in a newspaper adjudicated to be a newspaper of general
circulation within the City of Alameda.
Advertising shall be in accordance with the following:
1) All advertisements shall be set in six -point type, or in such larger type and spacing
between lines as directed by the officer authorizing the advertisement.
2) Title and sub - heading shall be set in six -point type, black -face type, or in such larger type
as may be specified by the officer authorizing the advertisement.
3) The submission deadline for ads shall not exceed 4 days from date of publication
(excluding holiday periods).
4) The withdrawal deadline for ads shall be up to 1 day from date of publication (excluding
holiday periods).
Bidders shall state in their proposals for legal advertising the price per column inch, set in six -
point type, according to the following schedule:
• A price per column inch for the 1st insertion;
• A price per column inch for the 2nd insertion;
• A price per column inch for the 3rd and for each subsequent insertion.
Proposals for legal advertising must include an audit verifying circulation.
Bids must be presented to the City Clerk, in the City Hall, Alameda, California under sealed
cover and plainly marked on the outside, "Proposal for Legal Advertising -- Fiscal Year 2003-
05." Sealed bids will be received up to the hour of 2:00 p.m. on Wednesday, May 26, 2004.
Contract for such legal advertising, if awarded, will be awarded subject to the provisions of the
Charter of said City, to the responsible bidder who submits the lowest and best bid. The right is
reserved to reject any or all bids.
The newspaper published by the bidder to whom such contract is awarded shall be known, for the
term of such contract, as the "Official Newspaper" of the City for legal advertising.
* * *
April, 2004
CITY OF ALAMEDA
MEMORANDUM
Date: April 21, 2004
To: Honorable Mayor and
Councilmembers
From: James Flint
City Manager
RE: Recommendation To Authorize The Alameda Police Department To Submit
A Purchase Order To Film Vehicle Services, For the Purchase of Two 2004
Dodge Durangos For The Abandoned Vehicle Abatement Program
Background:
Abatement Vehicles are assigned to the Traffic Section and, except in the case of an emergency
or disaster, for the exclusive use of the Abandoned Vehicle Unit. Strict guidelines for the
purchase of these vehicles are established in Section 22710 of the California Vehicle Code.
Discussion / Analysis:
The Abandoned Vehicle Abatement Program is in need of two new vehicles. The 2004 Dodge Durangos
meets or exceeds all specifications for the Abandoned Vehicle Abatement Program. Administrative
Instruction No. 5 requires formal competitive bidding for a purchase estimated to cost more than
$25,000. Department staff completed a bidding process in substantial compliance with the
City's required bidding procedures. The only quote received was from Film Vehicle Services.
The quote of $63,780.00 was for the purchase of both vehicles. The Department has purchased
several vehicles from this dealer in the past.
Budget Consideration:
There are sufficient funds available in the Alameda Police Department Abandoned Vehicle
Abatement Program account (project #93006). State Law requires that these funds be utilized
solely for Abandoned Vehicle Abatement purposes. The cost of the two Dodge Durangos is
$63,780.00.
Recommendation:
The City Manager recommends that the City Council authorizes purchase of two 2004 Dodge
Durangos.
Respectfully submitted,
James M. Flint.
City Manager
/1/4:10Z
�
By:
Burnh am E.
Chief o f Police
Dedicated to Excellence, Committed to Service
Report #4 -D CC
5 -4 -04
CITY OF ALAMEDA
MEMORANDUM
Date: April 21, 2004
To: Honorable Mayor and
Councilmembers
From: James M. Flint
City Manager
Re: Recommendation to Authorize City Manager to Execute the "First Amended and Restated
Agreement for Operation, Maintenance and Management of Public Marine Transportation
Terminal Facility" and the "Assignment and Assumption Agreement Regarding Certain
Licenses, Permits and Obligations under Planning Approvals for the Marine Portions of the
Harbor Bay Ferry Terminal"
BACKGROUND
In 1990, the City, the Harbor Bay Business Park Association ( HBBPA), and Harbor Bay Isle
Associates (HBIA) entered into various agreements and obtained various licenses and permits
required for the management and operation of the Harbor Bay Ferry Terminal and commencement of
ferry operations. The City and HBBPA now wish to update the Terminal Management Agreement.
The City, HBIA and Harbor Bay Maritime (HBM) wish to complete the assignment to the City of
various licenses, permits and obligations as required under the City's planning approvals granted for
the Harbor Bay Ferry Terminal.
DISCUSSION /ANALYSIS
Harbor Bay Ferry Terminal Management Agreement: The Agreement for Operation, Maintenance
and Management of Public Marine Transportation Terminal Facility (Terminal Management
Agreement) allows for HBBPA to provide all services necessary for the operation of the ferry
terminal. The proposed First Amended and Restated Agreement for Operation, Maintenance and
Management of Public Marine Transportation Terminal Facility (First Amended Terminal
Management Agreement) updates the requirements of the original Terminal Management Agreement
and updates current operations requirements.
GIvofAlarneda
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epardeent
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Report #4 -E CC
5 -4 -04
Honorable Mayor and
Councilmembers
Page 2
April 21, 2004
Assignment and Assumption of Licenses/Permits: As a preliminary step in establishing the Harbor
Bay Ferry terminal, HBIA entered into a Grant of Easement and Assignment of Permits and Enabling
Agreements for Public Marine Transportation Facility (1991 Grant of Easement). The 1991 Grant of
Easement required HBIA to assign to the City all licenses and permits from outside regulatory
agencies required to construct and use the Harbor Bay Ferry terminal when finalized. These agencies
include the Port of Oakland, Bay Conservation and Development Commission, U.S. Coast Guard
and the Army Corps of Engineers. In addition, there were City planning approvals that imposed
certain conditions on ongoing operations of the terminal. The proposed Assignment and
Assumptions Agreement Regarding Certain Licenses, Permits and Obligations under Planning
Approvals for the Marine Portions of the Harbor Bay Ferry Terminal (Assignment Agreement)
implements and completes the assignment of these permits and licenses to the City. The attached
Table 1 identifies the permits, licenses, planning approval requirements and the associated funding
sources for these obligations.
The Agreements are on file in the City Clerk's office for review.
BUDGET CONSIDERATION/FINANCIAL IMPACT
The Alameda Harbor Bay Ferry is identified under CIP 621.10 and is funded through a variety of
funding sources.
The First Amended Terminal Management Agreement identifies costs for ongoing management and
operation of the terminal. Funding for these costs is provided by a combination of assessments on
properties at the Harbor Bay Business Park subject to the Island City Landscaping and Lighting
Maintenance District (LLMD), the Transportation Improvement Fund (TIF), vessel docking fees and
public subsidies obtained by the City from MTC RM1 and Measure B.
The Assignment Agreement identifies costs required by the various licenses and permits needed for
water transit operations at Harbor Bay. All expenses are covered through LLMD, vessel docking
fees, TIF, farebox revenue, MTC RM1 and /or Measure B.
RECOMMENDATION
The City Manager recommends that the Council authorize execution of the "First Amended and
Restated Agreement for Operation, Maintenance and Management of Public Marine Transportation
Dedicated to Excellence, Committed to Service
cdyofAlaneda
PubIicWorks
Vepar went
Public Works W kafor NI!
Honorable Mayor and
Councilmembers
Page 3
April 21, 2004
Terminal Facility" and the "Assignment and Assumption Agreement Regarding Certain Licenses,
Permits and Obligations under Planning Approvals for the Marine Portions of the Harbor Bay Ferry
Terminal."
MTN /ES:di
Attachment: Table 1
cc: Joseph Ernst, HBBPA
C. Timothy Hoppen (HBM)
Stephen K. Brimhall (HBM)
Dan Reidy (Bellecci & Associates)
Julie Braun (Port of Oakland)
Respect lly Submitted
Matthew T. Naclerio
Public Works Director
61tAwci
By: Ernest Sanchez
Ferry Manager
G:\ PUBWORKS\ PWADMIN \COUNCIL\2004\042004\HBFerry agreements.doc
Dedicated to Excellence, Committed to Service
Gnofaameda
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Department
Public Works Woths / You!
Attachment 1
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H
CITY OF ALAMEDA
MEMORANDUM
Date: April 20, 2004
To: Honorable Mayor and
Councilmembers
From: James M. Flint
City Manager
RE: Recommendation to Adopt a Resolution to Authorize the City Manager to Execute the
Revised Alameda Countywide Clean Water Program Memorandum of Agreement
BACKGROUND
In 1991, Council authorized the execution of the Agreement to Implement the Alameda
Countywide Urban Runoff Clean Water Program (Agreement) between the City of Alameda
(City), the County of Alameda, Alameda County Flood Control and Water Conservation District
(District), Zone 7 of the Alameda County Flood Control and Water Conservation District (Zone
7) and the thirteen other cities in Alameda County. This Agreement created the Alameda
Countywide Urban Runoff Clean Water Program as a method for the parties to the Agreement to
apply for the required municipal stormwater National Pollutant Discharge Elimination System
(NPDES) permit and to work collaboratively in implementing a number of the permit's
requirements that could be done more cost - effectively as a group. The current version of the
NPDES permit was reissued in February 2003.
The Council approved amendments to the Agreement in 1997 and 2001. The first amendment to
the Agreement established a minimum cost and voting share of 1 percent for the three smallest
cities, and made other minor adjustments in how cost and voting shares are calculated.
Additionally, it formally renamed the program to the Alameda Countywide Clean Water
Program (ACCWP). The 2001 amendment to the Agreement extended the Agreement's
expiration date until April 2008 with an additional automatic renewal until 2013 unless there is
an objection from a member agency.
The ACCWP Management Committee is recommending that each of the parties to the
Agreement adopt the currently proposed revisions to the Agreement (attached at Exhibit 1).
DISCUSSION /ANALYSIS
The proposed revisions to the Agreement will accomplish the following three objectives:
(1) Improve equity among the ACCWP agencies by making some minor changes in allocations
of the ACCWP's costs and voting shares.
City ofalroeda
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Re: Resolution #4 -F CC
5 -4 -04
Honorable Mayor and
Councilmembers
Page 2
April 20, 2004
This will be accomplished by allocating a 1% cost share each to the District and Zone 7. These
agencies benefit from jointly undertaken NPDES permit- required tasks, but the current
Agreement does not assign them a share of the cost to support these tasks. In addition, if Zone 7
becomes a paying member, they will then be given a Management Committee vote. The
amendment will allow a reduction in the cost shares of the municipalities located within the
District and Zone 7, allocated according to the cities' relative cost contributions. The City of
Alameda's cost share will be unchanged at 3.99% of total annual ACCWP costs.
Under the Agreement, voting share allocations are the same as the cost share allocations. A chart
summarizing the proposed cost and voting share allocations is included in Attachment 1 as
Exhibit A.
(2) Improve efficiency and flexibility of the ACCWP's operations by allowing parties to the
Agreement under certain circumstances to let and administer consultant contracts on behalf of
the ACCWP.
This objective will be achieved by allowing member agencies to let and administer a consultant
services contract on behalf of the ACCWP with approval of the ACCWP Management
Committee. While it is anticipated that the District would continue to let and administer most of
the ACCWP's consultant contacts, this change to the Agreement would allow flexibility for
those circumstances where it would be beneficial to have one of the member agencies take the
lead. The proposed revisions would also allow the member agency that lets and administers a
contract for the ACCWP to be compensated for its services and/or contract costs as agreed to in
advance by the Management Committee.
(3) Improve the clarity of the Agreement by updating references, adding clarification, and
making minor changes to reflect current NPDES permit conditions.
This will be accomplished by eliminating the old name of the program and references to outdated
permits, funding, and other commitments. The revisions would result in an Agreement where all
the information (Agreement and appendices) is contained in one stand -alone document that is
current in its provisions. This will not have an impact on the City of Alameda beyond the benefit
of having a clearer document with which to refer.
The proposed revisions to the Agreement must be approved by the governing bodies of the
Agreement's parties representing two- thirds or more of all of the allocated votes.
BUDGET CONSIDERATION/FINANCIAL ANALYSIS
Alameda's cost share will be unchanged at 3.99% of total annual ACCWP costs, which is funded
through the Urban Runoff Program.
Dedicated to Excellence, Committed to Service
tublicWorks
f.�,
Honorable Mayor and
Councilmembers
RECOMMENDATION
Page 3
April 20, 2004
The City Manager recommends that the City Council adopt a resolution authorizing the
execution of the revised Alameda Countywide Clean Water Program Memorandum of
Agreement.
Respect ly submitted,
By:
MTN /JB:dl
Attachment : Agreement
atthew T. Naclerio
Public Works Director
Program Specialist I
G:\ PUBWORKS\ PWADMIN \COUNCIL\2004 \050404\ACCWP MOA revision staff report.doc
Dedicated to Excellence, Committed to Service
Gtvoraarnem
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AGREEMENT
PROVIDING FOR IMPLEMENTATION OF THE
ALAMEDA COUNTYWIDE CLEAN WATER PROGRAM
THIS AGREEMENT is made and entered into by and between the following
undersigned public agencies, all which are referred to collectively as the PARTIES.
ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION
DISTRICT, a public agency of the State of California;
Zone 7 of ALAMEDA COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT, a local public agency of the State of California;
COUNTY OF ALAMEDA, a subdivision of the State of California;
CITY OF ALAMEDA, a municipal corporation of the State of California;
CITY OF ALBANY, a municipal corporation of the State of California;
CITY OF BERKELEY, a municipal corporation of the State of California;
CITY OF DUBLIN, a municipal corporation of the State of California;
CITY OF EMERYVILLE, a municipal corporation of the State of California;
CITY OF FREMONT, a municipal corporation of the State of California;
CITY OF HAYWARD, a municipal corporation of the State of California;
CITY OF LIVERMORE, a municipal corporation of the State of California;
CITY OF NEWARK, a municipal corporation of the State of California;
CITY OF OAKLAND, a municipal corporation of the State of California;
CITY OF PIEDMONT, a municipal corporation of the State of California;
CITY OF PLEASANTON, a municipal corporation of the State of California;
CITY OF SAN LEANDRO, a municipal corporation of the State of California;
and CITY OF UNION CITY, a municipal corporation of the State of California.
1
RECITALS
A. The Water Quality Control Plan for the San Francisco Bay Basin
(Basin Plan), and the NPDES Permit for the Alameda Countywide Clean Water
Program adopted by the Regional Water Quality Control Board in implementation
of the Federal Clean Water Act, requires that the PARTIES develop a Program to
control the discharge of pollutants from urban runoff.
B. In furtherance of their responsibilities pursuant to the Basin Plan and
the applicable NPDES Permit, the PARTIES, have previously entered into a series
of agreements to jointly fund the cost of preparing an action plan to evaluate
nonpoint source pollutants, monitor identified pollutants and develop control
measures to mitigate or reduce nonpoint sources of pollutants. Collectively, the
measures undertaken pursuant to the previous agreements and anticipated to
continue pursuant to this Agreement are known as the Alameda Countywide Clean
Water Program (hereinafter "Program "). The Program contains certain elements
that provide a general benefit to the parties (such as monitoring, public education,
program administration, etc.) and these elements of joint responsibility among the
parties are termed the "General Program ". In addition, the Program contains other
elements that are an individual Party responsibility and which provide individual
benefits (such as construction site controls, catch basin cleaning, illicit and illegal
connection inspections, new development and redevelopment performance
standards and monitoring and enforcement), and these elements are termed the
"Individual Programs ". A description of the General and Individual Programs'
2
elements, major tasks, schedules, and budgets have been developed as part of the
Stormwater Quality Management Plan, and the Annual Reports and Workplans.
C. The previous Agreements that have been executed are the following:
The November 10, 1987 "Agreement Regarding Evaluation of the Non -Point
Source of Water Pollution;" the October 17, 1989 "Agreement Regarding
Implementation of Nonpoint Source Control Evaluation Program;" the agreement
titled "Agreement Regarding Development of a Proposed Alameda County
Nonpoint Source Control Management Plan" which provided funding through June
1991 for implementation of the August 24, 1990 work plan; and the 1991
"Agreement to Implement the Alameda County Urban Runoff Clean Water
Program," as amended in 1998 and 2001.
D. The PARTIES desire to continue the Program and to enter into this
Agreement for the purpose of ensuring continued participation, in terms of cost and
administrative responsibilities, and to make certain minor and procedural revisions
to facilitate implementation of the Program.
E. This Agreement does not supersede any prior agreement among the
PARTIES regarding the Program, but is to be read as in accord with and
implementation thereof.
F. The Alameda County Flood Control and Water Conservation District
(District) is a local public agency of the State of California duly organized and
3
existing and empowered to conserve water and to provide maintenance and flood
control management of the water courses and has the authority to control the
discharge of surface waters to its facilities. The County of Alameda and all of the
cities therein are subdivisions of the State with authority to control the discharge
of surface waters from their respective jurisdictions.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. A Management Committee shall provide overall program direction,
review and recommend an annual budget for approval by the PARTIES, and budget
oversight, all in accordance with the Alameda Countywide Clean Water Program.
Management Committee members, and their alternates, shall be appointed by the
City Manager or the equivalent of the respective Parties and a confirming letter sent
to the authorized representative of the District. The Management Committee shall
adopt bylaws for its governance.
(a) Each Party to this agreement is allocated the number (or fraction
thereof) of votes shown in Exhibit A. This allocation of voting
strength is based on the formula and methods stated in Exhibit B to the
Agreement.
(b) A quorum for the conduct of business by the Management Committee
shall be a majority of the voting Parties to the Agreement. The voting
strength allocated to a Party shall not be considered in the
determination of a quorum.
(c) Approval of actions by the Management Committee shall require a
two- thirds affirmative vote of all allocated votes as shown in Exhibit
A.
Management Committee approval is required prior to any General Program
expenditure by the District or any other party to this agreement.
4
2. Pursuant to direction of the Management Committee, the District shall
administer and coordinate the Program [except as provided by paragraph (d)
below], which duties include but are not limited to:
(a) Reapplying on behalf of the PARTIES to become co- applicants
for a National Pollutant Discharge Elimination System
(NPDES) permit;
(b) Preparing draft annual budget and periodic status reports on
Program activities and expenditure, and distributing same to
PARTIES at least annually;
(c) Consolidating and submitting reports prepared by the several
PARTIES required by the NPDES permit;
(d) Letting and administering approved consultant contracts
according to District policies and procedures and considering
other members' requirements. In addition, a party to this
agreement, pursuant to the direction of the Management
Committee, may let and administer approved consultant
contracts considering other members' requirements. Any party
to this agreement who is administering a contract for the
General Program shall be compensated for its services and/or
contract costs as agreed to in advance by the Management
Committee. All consultant contracts will contain hold
harmless and indemnity provisions and insurance requirements
for the benefit of all PARTIES;
(e) Conducting audits of consultant contracts in accordance with
District policies and procedures;
(f) Maintaining knowledge of and advising the PARTIES
regarding current and proposed state and federal policies,
regulations and programs that impact nonpoint source pollutant
control programs; assisting the PARTIES in development and
presentation of positions on these issues before local, State, and
Federal agencies;
5
(g) Preparing an annual report on the implementation of the
Program;
(h) Representing the PARTIES in participation in the Bay Area
Stormwater Management Agencies Association; and
(i) Formally advising the appropriate State and Federal agencies
of termination or amendment of this Agreement.
3. The PARTIES accept and agree to perform the following duties:
(a) Each will authorize a representative to reapply for an NPDES permit
as co- applicants with the other Parties;
(b) Each will fully comply with the NPDES permit conditions applicable
to its Individual Program and its identified portion of the General
Program;
(c) Each will select a representative and an alternate to participate in
Management Conunittee meetings and other required meetings of the
PARTIES;
(d) Each will fund and implement its own Individual Program, and will
fund and implement its share of the General Program. The District
intends to provide funding to support new and expanded activities
required by the General and Individual Programs for Cities locate in
District zones with Benefit Assessment Programs. Such funding will
be provided to the extent that it is available and with the concurrence
of the applicable City if it results in deferring flood control projects.
(e) Each will provide agreed upon reports (certified under penalty of
perjury) to the District on compliance with applicable provisions of the
NPDES permit and program implementation.
4. A proper accounting of funds and reports of all receipts and
disbursements shall be made, including funds disbursed to individual parties for
6
implementation of permit programs. Upon completion of the purposes of this
Agreement, any surplus money on hand shall be returned in proportion to the
contributions made. In the event a Party terminates this Agreement, any unexpended
portion of its share of cost funds shall be returned to it.
5. By agreement of the PARTIES, budget allocations and voting shares
for the General Program shall be made according to a formula which for the
municipalities allocates proportional shares based on a 50 percent weight given to the
area and a 50 percent weight given to the population within each municipalities'
jurisdiction (excluding open water and wetland areas of San Francisco Bay) except as
follows: The District is assigned a 1 percent cost and voting share; Zone 7 of the
District is assigned a 1 percent cost and voting share; any municipality whose
calculation would result in less than 1 percent by the formula and methods in Exhibit
B is assigned a 1 percent cost and voting share; the County unincorporated area used
in the formula will be limited to the area that is urbanized; and other minor
reductions in percent cost and voting shares of municipalities located within the
District and Zone 7 of the District as described in Exhibit B. The attached Exhibit B
provides a copy of the formula and methods that are used to allocate costs. Each
Parties' share of the General Program's costs have been calculated based on 2000
census figures and are set forth according to the percentages provided in Exhibit A.
Cost shares will be recalculated based on updated information on population and area
using the formula and methods in Exhibit B as specified in the bylaws. The budget
allocation for the Individual Programs shall be made directly by the individual
responsible parties.
6. This Agreement shall have a term of six (6) years from the first day
of April 2002, subject to an additional automatic renewal for a five (5) year period in
the absence of objection thereto made in writing by any Party 180 days in advance of
the renewal date. The participation of any Party to this Agreement may be terminated
7
by a two- thirds affirmative vote of all allocated votes in any year in which the funds
necessary for its continued involvement are not appropriated by its legislative body.
7. The PARTIES shall retain the ability to individually (or collectively)
request permit modifications and initiate permit appeals for permit provisions to the
extent that a provision affects an individual party or group of PARTIES.
8. This agreement may be amended from time to time by written
agreement of the Parties' governing bodies representing two- thirds or more of all
allocated votes as shown in Exhibit A.
9. Participation in this Agreement may be terminated by any Party for
any reason after the Party complies with all of the conditions of termination. The
conditions of termination include the following: the Party shall notify all of the other
Parties to the Agreement 90 days prior to its termination in the Agreement, the Party
shall obtain its own NPDES permit for urban runoff, and the Party shall have its name
deleted as a co- permittee of the Parties' NPDES permit. Any expenses associated
with terminating the Agreement including but not limited to filing for and obtaining
the individual NPDES permit and the amendment of the Parties' NPDES permit will
be solely the responsibility of the Party terminating its participation in the
Agreement.
10. It is understood and agreed that, pursuant to Government Code
895.4, each Party ( "indemnitor ") shall, to the extent permitted by law, defend,
indemnify and save harmless each other Party, and its officers and employees from
all claims, suits or actions of every name, kind and description resulting from
indemnitor's performance of this Agreement, excluding any injuries, death, damage
8
or liability resulting from the negligence or willful misconduct of the other Parties
or their officers or employees.
IN WITNESS WHEREOF, the parties hereto have executed this document, the revised
AGREEMENT TO IMPLEMENT THE ALAMEDA COUNTYWIDE CLEAN WATER
PROGRAM, as of the day and year written below.
Dated:
�z.
CITY OF ALAMEDA
A Municipal Corporation
James M. Flint
City Manager
RECOMMENDED FOR APPROVAL:
Matthew T. Naclerio
Public Works Director
APPROVED AS TO FORM
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ty Attorney
9
EXHIBIT A
ALLOCATION OF VOTING SHARES AND GENERAL PROGRAM COSTS AMONG
PARTIES
AGENCY
GENERAL PROGRAM
COST SHARE
PERCENTAGE
MANAGEMENT
COMMITTEE VOTING
SHARE
Alameda
3.99
3.99
Alameda County
11.96
11.96
Albany
1.00
1.00
Berkeley
5.12
5.12
Dublin
2.18
2.18
Emeryville
1.00
1.00
Fremont
15.96
15.96
Hayward
11.05
11.05
Livermore
5.43
5.43
Newark
2.72
2.72
Oakland
21.76
21.76
Piedmont
1.00
1.00
Pleasanton
5.02
5.02
San Leandro
4.89
4.89
Union City
4.92
4.92
District
1.00
1.00
Zone 7
1.00
1.00
Total
100.00
100.00
10
FORMULAS FOR CALCULATING PERCENTAGE COST AND VOTING SHARES TO SUPPORT GENERAL PROGRAM
Each Municipality's Percentage Cost Share=
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CITY OF ALAMEDA RESOLUTION NO.
APPROVING THE PROPOSED REVISIONS TO THE
ALAMEDA COUNTYWIDE CLEAN WATER PROGRAM AGREEMENT
WHEREAS, the City of Alameda is a member agency of the Alameda
Countywide Clean Water Program ( ACCWP), formerly the Alameda County Urban
Runoff Clean Water Program, and fully participates in the activities, benefits, duties and
responsibilities of the ACCWP as reflected in the existing Agreement to Implement the
Alameda Countywide Clean Water Program as approved in 1991 and amended in 1998
E and 2001; and
0
u- WHEREAS, the City of Alameda is required to be permitted by an NPDES permit
o • cc as prescribed by the Federal Clean Water Act with respect to discharges of storm water
c „ o from its storm water drainage and collection system, and is currently included as a
I-
ca , permittee under California Regional Water Quality Control Board, San Francisco Bay
-0 • a Region, Order R2- 2003 -0021 (NPDES Permit No. CAS0029831); and
• 41)-
o41111■ / WHEREAS, on September 23, 2003 the Management Committee of the ACCWP
_) unanimously adopted a motion approving revisions to the Agreement for adoption by
(.4j114 + member agencies intended 1) to improve equity by making minor changes in allocations
of the ACCWP's costs and voting shares; 2) to improve efficiency and flexibility of the
ACCWP's operations by allowing parties to the Agreement under certain limited
circumstances to let and administer consultant contracts; and 3) to improve the clarity of
the Agreement by updating and making minor changes to the Agreement to reflect
current conditions.
NOW, THEREFORE, BE IT RESOLVED that the City Council approves the
proposed revisions to the Agreement to Implement the Alameda Countywide Clean
Water Program and authorizes the City Manager to execute said Agreement.
Resolution # 4 -F CC
5 -4 -04
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 , 2004, 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 , 2004.
Lara Weisiger, City Clerk
City of Alameda
CITY OF ALAMEDA
MEMORANDUM
Date: April 20, 2004
To: Honorable Mayor and
Councilrnembers
From: James M. Flint
City Manager
Re: Recommendation to Adopt a Multiple Year Resolution Authorizing the City Manager to
Submit Grant Applications to the California Integrated Waste Management Board ( CIWMB)
for All Available Grants Under the California Oil Recycling Enhancement Act and all
Available Household Hazardous Waste (HHW) Grants Under the California Integrated
Waste Management Act for the Period of July 1, 2004 through June 30, 2008.
BACKGROUND
The California Integrated Waste Management Act mandates that all California cities and counties
have programs in place to collect and recycle solid waste. The California Oil Recycling
Enhancement Act (Act) makes funds available to cities and counties for promotion and management
of used oil and used oil filter recycling programs.
DISCUSSION /ANALYSIS
The City applies for Used Oil Recycling Funds on an annual basis. The Act requires that
applications for funds be accompanied by a resolution from the City's governing body. The CIWMB
allows jurisdictions to approve multiple year resolutions for up to three years. A Multiple Year
Resolution would allow the City to file applications for funds for the next three grant cycles,
beginning with the current cycle, without returning to Council for individual resolutions. Under the
current cycle, the city is eligible for $22,729 in used oil recycling funds. These funds will allow the
city to participate in curbside recycling of used oil, used motor oil containment for marinas and
public education regarding recycling used oil and used oil filters. In addition, up to 10% of the funds
can be allocated to the Alameda County Waste Management Authority (ACWMA) should other
Alameda County jurisdictions agree to implement a regional campaign. These funds would be
utilized to support a regional outreach effort to further the goals of recycling used motor oil and used
motor oil filters. The City has dedicated funds to support a regional media campaign for this purpose
in the past.
GIydAAmedh
QubIicWorks
epartnwnt
public Works Works for You!
Dedicated to Excellence, Committed to Service
Re: Resolution #4 -G CC
5 -4 -04
Honorable Mayor and
Councilmembers
BUDGET CONSIDERATION/FINANCIAL IMPACT
Page 2
April 20, 2004
The General Fund is not impacted by this project. Oil Recycling Block Grant funds are
noncompetitive and do not require matching funds.
RECOMMENDATION
The City Manager recommends that the City Council, by resolution, adopt a multiple year resolution
authorizing the City Manager to submit grant applications to the CIWMB for all available grants
under the California Oil Recycling Enhancement Act and all available Household Hazardous Waste
(HHW) Grants under the California Integrated Waste Management Act for the period of July 1, 2004
through June 30, 2008.
Respect ly submitted,
Matthew T. Naclerio
Public Works Director
By: aria F. DiMeglio
Program Specialist
MTN/MD:di
G : \PUB W ORKS\P W ADMIN\COUNCIL\2004 \050404 \UsedOilRep[Cyc1e 102004. doc
Dedicated to Excellence, Committed to Service
GhvofAlamida
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Public Works {Wxlsfw You!
CITY OF ALAMEDA RESOLUTION NO.
MULTIPLE YEAR RESOLUTION AUTHORIZING THE CITY MANAGER TO
SUBMIT GRANT APPLICATIONS TO THE CALIFORNIA INTEGRATED WASTE
MANAGEMENT BOARD FOR ALL AVAILABLE GRANTS UNDER THE
CALIFORNIA OIL RECYCLING ENHANCEMENT ACT AND ALL AVAILABLE
HOUSEHOLD HAZARDOUS WASTE GRANTS UNDER THE CALIFORNIA
INTEGRATED WASTE MANAGEMENT ACT FOR THE PERIOD OF JULY 1, 2004
THROUGH JUNE 30, 2008.
WHEREAS, the people of the State of California have enacted the California Oil
Recycling Enhancement Act that provides funds to cities and counties for establishing
and maintaining local used oil collection programs that encourage recycling or
appropriate disposal of used oil; and
WHEREAS, the California Integrated Waste Management Board (CIWMB) has
been delegated the responsibility for the administration of the program within the state,
setting up' necessary procedures governing application by cities and counties under the
program; and
WHEREAS, the City of Alameda (City) will enter into an agreement with the
State of California for the development of the projects as specified in the grant
application; and
WHEREAS, procedures established by the CIWMB require the grant application
to certify by resolution the approval of said application; and
WHEREAS, the City will submit grant applications to the CIWMB for all
available grants under the California Oil Recycling Enhancement Act and all available
Household Hazardous Waste (HHW) grants under the California Integrated Waste
Management Act for the period of July 1, 2004 through June 30, 2008; and
WHEREAS, the Used Oil Block Grant program will not allow reimbursement to
the City for central services and department overhead; and
WHEREAS, all jurisdictions in Alameda County are member agencies of the
Alameda County Waste Management Authority (ACWMA), and will participate in a
regional media campaign; and
WHEREAS, ACWMA is empowered to make and enter into contracts with its
member agencies, including either to receive or provide services; and
WHEREAS, the City, would benefit from a regional effort led by the ACWMA to
educate the public about used motor oil and used motor oil filters recycling; and
WHEREAS, the City and other Alameda County jurisdictions have agreed, but
not committed, to provide a percentage of Used Motor Oil Recycling Block Grant
funding to the ACWMA to provide regional used motor oil and used motor oil filters
recycling services; and
Resolution # 4 -G CC
5 -4 -04
WHEREAS, if the ACWMA and other Alameda County jurisdictions agree to
implement regional used motor oil and used motor oil filters recycling projects, the City
agrees to designate and transfer 10% of its Used Oil Recycling Block Grant funds to the
ACWMA for the used motor oil and used motor oil filters recycling regional projects.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Alameda hereby:
1. Authorizes the submittal of grant applications to the California Integrated Waste
Management Board for all available grants under the California Oil Recycling
Enhancement Act and all available HHW grants under the California Integrated Waste
Management Act for the period of July 1, 2004 through June 30, 2008.
2. Authorizes the City Manager, or his designee, to execute in the name of the City of
Alameda all necessary applications, contracts, payment requests, agreements and
amendments hereto for the purposes of securing grant funds and to implement and carry
out the purposes specified in the grant application.
3. Agrees that should the ACWMA, other Alameda County jurisdictions and the City agree
to implement a regional outreach effort to further the goals of used motor oil and used
motor oil filters recycling projects with the ACWMA, that provides for 10% of the grant
funds received from the CIWMB for the Used Oil Block Grant be payable to the
ACWMA for providing regional used motor oil and used motor oil filters recycling
outreach efforts.
G:\ Lynette\ Reso\ Resolutions04 \050404\2004RESOLUTION - multiple year.doc
I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted
and passed by Council of the City of Alameda in regular meeting assembled on the
day of , 2004, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City
this day of , 2004.
Lara Weisiger, City Clerk
City of Alameda
CITY OF ALAMEDA
MEMORANDUM
Date: April 21, 2004
To: Honorable Mayor and
Councilmembers
From: James M. Flint
City Manager
Re: Resolution to Adopt a Resolution to Approve the Paratransit Service Plan and Apply for
Measure B Paratransit Funds
BACKGROUND
The Americans With Disabilities Act (ADA) requires transit agencies to offer equivalent paratransit
service for persons certified under ADA as unable to drive or take public transit (eligible users).
There is a 21 -day certification period for a person to be deemed an ADA eligible user. Under ADA,
paratransit services must be made available to eligible users within 3/4 mile of the existing transit
fixed route during the normal operating hours of the fixed route services. These mandated services
are provided by East Bay Paratransit. While most of Alameda is within the 3/4 mile buffer of AC
Transit routes, there are some service gaps, including locations that are without bus service on
weekends or at certain times of day. Alameda provides paratransit services to address these service
gaps, even though they are not required by ADA. This service is considered "non- mandated"
service. Non - mandated paratransit services are administered at the City level.
In Alameda County, Measure B sales tax funds provide a dedicated funding source for both
mandated and non - mandated paratransit services. To receive these funds, the Alameda County
Transportation Improvement Authority (ACTIA), which administers Measure B funds, requires each
jurisdiction to annually approve a Paratransit Service Plan. The Service Plan must also be approved
by the ACTIA Board.
DISCUSSION /ANALYSIS
The City's existing Paratransit Service Plan was developed by staff and adopted by Council prior to
the application for Fiscal Year 2003/2004 Measure B funds. A Needs Assessment was also
conducted among the paratransit eligible population prior to drafting the FY 03/04 Plan. A copy of
the Plan is on file in the City Clerk's Office. For the upcoming fiscal year, 2004/2005, the City will
continue to implement services identified in the previously adopted Plan, which includes the
following:
• Utilize East Bay Paratransit (EBP), the County paratransit provider, for ADA mandated services.
• Continue a limited subsidized taxi service for eligible users who need to travel to and from
Dedicated to Excellence, Committed to Service
GNorNameda
yblicWorks
apartment
Public Works Wakvf v ,!
Re: Resolution #4 -H CC
5 -4 -04
Honorable Mayor and
Councilmembers
Page 2
April 21, 2004
destinations outside the EBP service area on weekends, holidays or evenings and ADA
applicants who need to travel for non - emergency medical trips during the 21 -day certification
review period.
• Increase the number of EBP coupons distributed to eligible users residing in Alameda.
• Provide EBP service for Alameda residents during the 21 -day ADA certification period.
• Continue the customer service and outreach at Mastick Senior Center, which provides 15 hours
of staff time per week to assist with applications for paratransit services, answer questions, and
resolve complaints.
• Continue funding support for group trips such as the Mastick Group Trip, subscription group
trips from convalescent homes, ARPD cultural event class trips, and the Annual Nursing Home
Picnic Group Trip.
• Continuing funding for a scholarship program for individuals at very low income levels (as
defined by the U.S. Department of Housing and Urban Development), the program will subsidize
tickets by providing matching funds.
Staff will continue to solicit input from paratransit riders and other local jurisdictions to identify
ways to enhance the existing services.
BUDGET CONSIDERATION/FINANCIAL ANALYSIS
Without an approved Paratransit Service Plan, the City would forfeit its Measure B Paratransit
funding level for Fiscal Year 04/05 of $130,242. Applying for these funds does not affect the
General Fund.
RECOMMENDATION
The City Manager recommends that the City Council, by resolution, adopt the Measure B Paratransit
Service Plan to be implemented for the 2004/2005 Fiscal Year and apply for Measure B Paratransit
Funding.
Respe fully submitted,
Matthew T. Naclerio
Public Works Director
By: Michael Margu ies
Program Specialist II
MTN /mm: dl
cc: Measure B Watchdog Committee
Jackie Krause, Mastick Senior Center
G: \PUB WORKS \ENG\Michael\Paratransit Report.doc
Dedicated to Excellence, Committed to Service
GiyofAlamnia
tubIicWorks
Departrnent
Public Works W L- /.r
W
OTC WHEREAS, to receive its annual allocation, the City must have a Paratransit Service
0 Plan approved by ACTIA; and
r
CITY OF ALAMEDA RESOLUTION
ADOPTING THE CITY OF ALAMEDA
MEASURE B PARATRANSIT SERVICE PLAN
WHEREAS, the Americans with Disabilities Act (ADA) requires that equivalent
paratransit service be provided within 3/4 mile and during the regular operating hours of fixed route transit
services for those who are determined eligible for such services; and
WHEREAS, there are parts of the City of Alameda that are not served by the ADA-
mandated paratransit services for at least part of the week; and
WHEREAS, the City of Alameda receives an allocation from Measure B sales tax
revenue, administered by the Alameda County Transportation Improvement Authority (ACTIA), to
provide paratransit services to supplement ADA- mandated services; and
WHEREAS, the City will continue to implement the 2003/2004 adopted Measure B
Paratransit Service Plan developed via a community involved needs assessment process.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Alameda
adopts the Measure B Paratransit Service Plan and apply for Fiscal Year 2004/2005 Measure B
Paratransit Funds.
I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and
passed by the Council of the City of Alameda in regular meeting assembled on the 4th day of
May, 2004, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this
day of , 2004.
Lara Weisiger
City Clerk
Resolution # 4 -H CC
5 -4 -04
CITY OF ALAMEDA
MEMORANDUM
Date: April 28, 2004
To: Honorable Mayor and
Councilmembers
From: James M. Flint
City Manager
Re: Introduction of Ordinance Amending the Alameda Municipal Code (AMC) Section 2 -8.2 to
Reduce the Size of the Transportation Commission (TC) from Nine to Seven Members and
to Allow for Staggered Terms and to Amend Section 2 -8.3 to Reduce the Size of The
Quorum of the TC From Five to Four Members
BACKGROUND
At its October 2003 meeting, the Transportation Commission (TC) passed a motion to recommend
that Council reduce the TC membership from nine (9) members to seven (7) members. At nine (9)
members, the TC has the largest membership of other City Boards and Commissions. The reduction
in membership would ensure consistency with other Boards and Committees and improve the
efficiency of the TC meetings.
Chair John Knox White asked staff to come back to the TC with a recommended strategy to
implement this reduction. In the interim, Commissioner Aidan Barry submitted a letter of
resignation, which was provided to the TC at the January TC meeting.
At the February 2004 meeting, staff presented the TC with several options to implement the
reduction in the size of the TC. The TC passed the following motions:
1) Implement the reduction in TC size from 9 to 7 members. All nine members would be
allowed to continue to serve until July 1, 2004, but only two of the four positions whose
terms expire on June 30, 2004 would be filled. Since three of these four positions are filled
by business and/or school representatives, the TC recommended that one of the two positions
that would begin July 1, 2004 be filled by a representative of the school community and the
second by a representative of the business community.
Re: Intro of Ordinance #4 -I CC
5 -4 -04
Dedicated to Excellence, Committed to Service
Cityofillameda
QUbIicWorks
Department
PubUC Works Warirfw Y u!
Honorable Mayor and
Councilmembers
Page 2
April 28, 2004
2) Recommend that Commissioner Ratto and Commissioner Clem be reappointed to represent
the business and school community, respectively, should they choose to remain on the
Commission.
3) Implement a more balanced turnover of commissioners. The reduction in the number of
members would result in the following turnover after 2004: five terms would expire in 2006
and two terms would expire in 2008. The TC voted to select, by random drawing, two of the
five to be appointed in 2006 to serve a three -year term rather than a four -year term. The
resulting term expirations of the seven TC members would be: two in 2008, two in 2009,
three in 2010, and none in 2011. Thereafter, the four -year TC cycle would begin.
DISCUSSION /ANALYSIS
The Alameda Municipal Code defines the purpose and size of the TC and states that the TC consists
of nine voting members and that a quorum is five members. The proposed ordinance will amend the
AMC to reduce the number of members on the TC to seven and to reduce the size of the quorum to
four. The AMC specifies that the term of the commissioners is four (4) years. The proposed
ordinance will allow for four commissioners to serve a one -time shorter term in order to stagger the
terms such that one -third of the TC turns over in three consecutive years.
On December 2, 2003, Council adopted Ordinance 2914 amending AMC Subsection 2 -8.2 to delete
the AC Transit and BART non - voting ex- officio members of the TC due to the creation of the
Interagency Liaison Committee (ILC). AMC Subsection 2 -8.3 still references the AC Transit and
BART representatives, so the proposed ordinance will delete this reference.
MUNICIPAL CODE CROSS REFERENCE
The proposed ordinance will amend AMC Section 2.8.2 to reduce the number of members of the TC
to seven members and to allow for a one -time shorter term in order to stagger the terms. It will also
amend AMC Section 2.8.3 to reduce the size of the quorum of the TC to four.
BUDGET CONSIDERATION/FINANCIAL ANALYSIS
There is no impact to the General Fund for this change.
Dedicated to Excellence, Committed to Service
of
uubIi(Works
eparlment
Public Works IY Is for You!
Honorable Mayor and
Councilmembers
RECOMMENDATION
Page 3
April 28, 2004
The City Manager recommends that the City Council introduce the proposed ordinance to amend
AMC Section 2 -8.2 to reduce the size of the Transportation Commission (TC) from nine to seven
members and to allow for staggered terms and to amend Section 2 -8.3 to reduce the size of the
quorum of the TC from five to four members.
MTN/MD:di
cc: John Knox White, TC Chair
Respe• frilly submitted,
Matthew T. Naclerio
Public Works Director
t-,(zaie-10 /91,Ferhvi:6;
By: Michelle DeRobertis el/
Associate Civil Engineer
G: \PUBWORKS\PWADMIN\COUNCIL\2004 \050404 \TC size reduction.doc
Dedicated to Excellence, Committed to Service
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PoMic Wodcs Wok for You!
CITY OF ALAMEDA ORDINANCE NO.
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY AMENDING
SUBSECTIONS 2 -8.2 (MEMBERSHIP; TERM OF OFFICE;
REMOVAL) AND 2 -8.3 (QUALIFICATIONS; QUORUM; VOTING)
OF SECTION 2 -8 (TRANSPORTATION) OF CHAPTER II
(ADMINISTRATION) TO REDUCE THE SIZE OF THE
TRANSPORTATION COMMISSION FROM NINE TO SEVEN
MEMBERS; ALLOW FOR STAGGERED TERMS AND TO REDUCE
THE SIZE OF THE QUORUM FROM FIVE TO FOUR MEMBERS
BE IT ORDAINED by the City Council of the City of Alameda that:
Section 1. The Alameda Municipal Code is hereby amended by amending
subsection 2 -8.2 (Membership, Term of Office; Removal) of Section 2 -8 (Transportation
Commission) of Chapter II (Administration) to read as follows:
2 -8.2 Membership; Term of Office; Removal.
The Transportation Commission shall consist of seven (7) voting members
nominated by the Mayor and approved by Council. The voting members shall be
selected to represent a diversity of transportation modes and be balanced between
commuter, business, and recreational use. The term of the appointed representative shall
be four (4) years. Terms shall be staggered so that one -third of the terms expires in three
consecutive years, which shall be implemented by a one -time term of two years for two
seats and three years for two seats. Appointed representatives shall serve a maximum of
two full terms plus any unexpired term.
Any appointed member may be removed by majority vote of the City Council. A
vacancy in the office of any such member shall be filled and appointed in the manner
hereinabove set forth and shall be for the unexpired portion of the term of office vacated.
Section 2. The Alameda Municipal Code is hereby amended by amending
subsection 2 -8.3 (Qualification; Quorum; Voting.) of section 2 -8 (Transportation
Commission) of Chapter II (Administration) to read as follows:
2 -8.3 Qualifications; Quorum; Voting.
The seven (7) appointed representatives of the Transportation Commission shall,
at the time of their appointment and continuously during their incumbency, either be
residents of the City of Alameda or employed by a business operating within the City. A
maximum of two (2) appointees can be non - residents of Alameda. A quorum will consist
of four (4) members of the Transportation Commission. The vote of four (4) members
shall be necessary for any action of the Transportation Commission.
Introduction of Ordinance #4 -I CC
5 -4 -04
Section 3. This Ordinance shall be in full force and effect from and after the
expiration of thirty (30) days from the date of its final passage.
Presiding Officer of the Council
Attest:
Lara Weisiger, City Clerk
City of Alameda
I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly
adopted and passed by Council of the City of Alameda in regular meeting assembled on
the
day of , 2004, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of
said City this day of , 2004.
Lara Weisiger, City Clerk
City of Alameda
April 29, 2004
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
123085 - 123472
EFT 085
EFT 086
Void Checks:
Amount
1, 500, 068.56
2,000,000.00
2,200,000.00
EFT 085 (2,000,000.00)
122320 (500.00)
111430 (323.06)
107618 (106.20)
122525 (130.00)
123096 (561.89)
120122 (311.70)
99232 (411.34)
123342
(173.46)
GRAND TOTAL
Allowed in open session:
Date:
Respectfully submitted,
City Clerk Pamela J. Sible
Approved for payment:
Date:
Finance Director
Council Warrants 05/04/04
3,697,550.91
BILLS #4 -J
5/4/2004
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0
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CITY OF ALAMEDA RESOLUTION NO.
APPOINTING HEATHER TRUMAINE AS A MEMBER OF
THE CITY HOUSING COMMISSION
(MEMBER -AT- LARGE)
BE IT RESOLVED, by the Council of the City of Alameda that pursuant to the provisions of
Subsection 2 -12.2 of the Alameda Municipal Code, and upon nomination of the Mayor, HEATHER
TRUMAINE is hereby appointed to the office of Member -At- Larger seat member of the Housing
Commission of the City of Alameda to fill the unexpired term of Pedro Toledo for the term
commencing on May 4, 2004 and expiring on June 30, 2006 and to serve until her successor is
appointed and qualified.
0 * * * **
I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly
adopted and passed by the Council of the City of Alameda in regular meeting assembled on the
v day of , 2004 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this
day of , 2004
Lara Weisiger, City Clerk
City of Alameda
Resolution # 5 -A
5 -4 -04
City of Alameda
Memorandum
Date: April 21, 2004
To: Honorable Mayor and
Councilmembers
From:
Re:
James M. Flint,
City Manager
DAA04 -01/ MPA04 -0001: ACET (Advancing California's Emerging Technologies)
Request for: 1) Development Agreement Amendment to release the ACET parcel
from the Catellus development; 2) Master Plan Amendment to the Catellus Master
Plan conditions that would modify Catellus' obligations to meet certain requirements
of the Master Plan by allocating those obligations between ACET and Catellus; and
3) Amendment to the Catellus Mitigation Monitoring and Reporting Program
(MMRP) modifying Catellus' obligations to meet certain requirements of the MIVIRP
by allocating those obligations between ACET and Catellus.
BACKGROUND
Development Agreement, Master Plan, Mitigation Monitoring and Reporting Program (MMRP)
A Master Plan, General Plan Amendment, Rezoning, Development Agreement, Tentative Map and
Final Environmental Impact Report (EIR) including an MMRP for the Catellus project were
approved by the City Council on May 31, 2000. These approvals were amended by the Council in
December of 2001 to provide for affordable housing, in conformance with the Settlement
Agreement, and to reconfigure the school and park site.
An application was made on March 29, 2004 by ACET (Advancing California's Emerging
Technologies) requesting approval of 1) Development Plan and Major Design Review for an
approximately 30,200 square foot bio -tech incubator building on an approximately 3.4 acre site; 2)
Development Agreement Amendment to release the ACET parcel from the Catellus development; 3)
Master Plan Amendment to the Catellus Master Plan conditions that would modify Catellus'
obligations to meet certain requirements of the Master Plan by allocating those obligations between
ACET and Catellus; and 4) Amendment to the Catellus Mitigation Monitoring and Reporting
Program (MMRP) modifying Catellus' obligations to meet certain requirements of the MMRP by
allocating those obligations between ACET and Catellus. A second EIR Addendum was prepared on
April 12, 2004, for the current proposals.
Re: Hearing, Intro of Ordinances
Dedicated to Excellence, Committed to Service and Resolution #5 -B
5-4-04 n^
Honorable Mayor and
Councilmembers
Planning Board Action
Page 2
April 21, 2004
On April 26, 2004, the Planning Board approved ACET's application for Development Plan and
Major Design Review for the proposed bio -tech incubator building. At that meeting, the Planning
Board recommended Council approval of amendments to the Catellus Master Plan, Development
Agreement and MMRP as well as a second EIR Addendum.
DISCUSSION /ANALYSIS
Proposal: In addition to the Planned Development and Major Design Review, a Development
Agreement Amendment is required to release the ACET parcel from the Catellus development. In
addition, a Master Plan Amendment is required to modify Catellus' obligations to meet certain
requirements of the Master Plan by allocating those obligations between ACET and Catellus.
Finally, an amendment to the Catellus Mitigation Monitoring and Reporting Program (MMRP) is
required to modify Catellus' obligations to meet certain requirements of the MMRP by allocating
those obligations between ACET and Catellus.
Discussion: The Second Development Agreement Amendment would release the ACET parcel from
the Catellus development and would stipulate that the ACET project approvals will
not allocate to Catellus any conditions of approval or mitigation measures to be satisfied in
connection with the ACET Project. Under the amendments to the Master Plan conditions and the
MMRP mitigations, Catellus' obligations to meet certain requirements of the Catellus Master Plan
and MMRP would be allocated between Catellus and ACET. Specifically, this allocation applies to
the following conditions of the Catellus Master Plan (Condition #13f "Master Sign Program" and
Condition #18 "TSM Program ") and the MMRP (Mitigations T/C 5a and T/C 9 through 18
"Transportation Improvements" and T/C 19a "TSM Program "). All conditions of the Master Plan
and MMRP will continue to be met and each party will be responsible for its fair share of the
conditions.
Initially, Catellus was concerned that the construction of the ACET project would trigger significant
requirements for the Catellus Business Park before any Catellus buildings were constructed. The
requirements to prepare a Master Sign Program and TSM Program for the entire Business Park, for
example, would technically be triggered by the ACET building because of its location inside the
boundaries of the Catellus Business Park. The language included in the proposed amendments to the
DA, Master Plan and MMRP ensures that each condition is allocated to the appropriate party, that
Catellus is not held responsible for any conditions triggered by the ACET project and that ACET is
not held responsible for more than its fair share of the conditions in the Master Plan and MMRP.
Conclusion: The City, ACET and Catellus have agreed to the apportioning of these obligations.
BUDGET CONSIDERATION/FINANCIAL IMPACT
There would be no budget or financial impact of the proposed amendments.
Dedicated to Excellence, Committed to Service
Honorable Mayor and
Councilmembers
RECOMMENDATION
The City Manager recommends that the City Council approve:
Page 3
April 21, 2004
1) Second Amendment to the Catellus Development Agreement based on the findings and the
conditions contained in the Draft Ordinance;
2) Amendment to the Catellus Master Plan based on the findings and the conditions contained
in the Draft Ordinance; and
3) Amendment to the Catellus Mitigation Monitoring and Reporting Program (MMRP) based
on the findings and the conditions and the second EIR Addendum contained in the Draft
Resolution.
Respectfully submitted,
Gregory L. Fuz
Planning and Building Director
By: akl t /,��
Debbie Potter
Base Reuse and Redevelopment Manager
G:\PLANNING \CC\REPORTS \2004\i -May 04 \CCSR- 5- 03- 042.doc
Dedicated to Excellence, Committed to Service
CITY OF ALAMEDA ORDINANCE NO.
APPROVING DEVELOPMENT AGREEMENT AMENDMENT DAA04-
0001 FOR A MIXED USE DEVELOPMENT INCLUDING SINGLE -
FAMILY RESIDENTIAL, OFFICE, RESEARCH AND
DEVELOPMENT, OPEN SPACE, AND LIMITED RETAIL USES AS
WELL AS SITES FOR MULTIPLE FAMILY RESIDENTIAL AND A
SCHOOL, LOCATED WITHIN A PROJECT AREA ENCOMPASSING
APPROXIMATELY 215 ACRES OF LAND AND WATER AT THE
FORMER ALAMEDA FLEET AND INDUSTRIAL SUPPLY CENTER
AND ANNEX AND NAVAL AIR STATION (NAS) ALAMEDA EAST
HOUSING TO RELEASE THE ACET PARECL FROM THE
CATELLUS DEVELOPMENT
BE IT ORDAINED by the City Council of the City of Alameda that:
Section 1. In accordance with Subsection 30 -91 of the Alameda Municipal Code, the
Development Agreement, as Shown in "Exhibit "A" and amended by Development Agreement
Amendment DAA04 -0001, as shown on Exhibit `B ", is hereby adopted for all the real property
within the 215 acre site situated within the City of Alameda, County of Alameda, State of California,
located generally south of the Oakland - Alameda Estuary, west of the Mariner Square commercial
area, north of the College of Alameda and Atlantic Avenue, and east of Main Street, exclusive of the
Alameda Gateway Center, U.S. Coast Guard Housing, and Miller Elementary School.
Section 2. The above Development Agreement Amendment DAA04 -0001 shall be
known as and referenced to as the Second Amendment to the Development Agreement by and
between the City of Alameda and the Catellus Development Corporation.
Section 3. This Ordinance shall be in full force and effect from and after the
expiration of thirty (30) days from the date of its final passage subject to the signature of the
Development Agreement.
Exhibit A — Catellus Development Agreement (on file in the Office of the City Clerk)
Exhibit B — Development Agreement Amendment DAA04 -0001 (on file in the Office of the City
Clerk)
Introduction of Ordinance #5 -B (1)
5 -4 -04
I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted
and passed by Council of the City of Alameda in regular meeting assembled on the
day of , 2004, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City
this day of , 2004.
Lara Weisiger, City Clerk
City of Alameda
CITY OF ALAMEDA ORDINANCE NO.
APPROVING MASTER PLAN AMENDMENT MPA04 -0001 FOR A
MIXED USE DEVELOPMENT INCLUDING SINGLE - FAMILY
RESIDENTIAL OFFICE, RESEARCH AND DEVELOPMENT, OPEN
SPACE, AND LIMITED RETAIL USES AS WELL AS SITES FOR
>, MULTIPLE FAMILY RESIDENTIAL AND A SCHOOL, LOCATED
w WITHIN A PROJECT AREA ENCOMPASSING APPROXIMATELY
Z 215 ACRES OF LAND AND WATER AT THE FORMER ALAMEDA
FLEET AND INDUSTRIAL SUPPLY CENTER AND ANNEX AND
NAVAL AIR STATION (NAS) ALAMEDA EAST HOUSING THAT
WOULD MODIFY CATELLUS' OBLIGATIONS TO MEET CERTAIN
REQUIREMENTS OF THE MASTER PLAN BY ALLOCATING
THOSE OBLIGATIONS BETWEEN ACET AND CATELLUS.
BE IT ORDAINED by the City Council of the City of Alameda that:
Section 1. In accordance with Subsection 30 -4.20 of the Alameda Municipal Code,
Master Plan MPA04 -0001, as shown on Exhibit DAD and amended by the amendments to the
conditions of approval in Exhibit DBD is hereby adopted for all the real property within the 215 acre
site situated within the City of Alameda, county of Alameda, State of California, located generally
south of the Oakland - Alameda Estuary, west of the Mariner Square commercial area, north of the
College of Alameda and Atlantic Avenue, and east of Main Street, exclusive of the Alameda
Gateway Center, U.S. Coast Guard Housing, and Miller Elementary School.
Section 2. The above Master Plan Amendment MPA04 -0001 shall be known as and
referenced to as Catellus Alameda Project Master Plan (hereinafter Catellus Master Plan) dated
October 2001, as amended.
Section 3. This Ordinance shall be in full force and effect from and after the
expiration of thirty (30) days from the date of its final passage subject to the signature of the
development Agreement.
Exhibit A — Catellus Alameda Project Master Plan (on file in the Office of the City Clerk)
Exhibit B — Conditions of Approval Master Plan Amendment MPA04 -0001
1
Introduction of Ordinance #5 -B (2)
5 -4 -04
EXHIBIT B
CONDITIONS OF APPROVAL - MASTER PLAN AMENDMENT MPA04 -0001
AMENDMENT TO MASTER PLAN CONDITIONS
1. Master Plan condition #13(0 (Master Sign Program) shall be allocated as follows: ACET shall prepare a
Master Sign Program for the ACET Project in conjunction with its submittal of the Development Plan for
the ACET Project. Catellus will prepare a Master Sign Program for the balance of the entire Catellus
Business Park in conjunction with the submittal of the first Development Plan for the balance of the
Business Park.
2. Master Plan condition #18 (TSM Program) shall be allocated according to the size of the development
shown in their respective Development Plans. ACET will prepare a TSM Program for the ACET Project
in conjunction with submittal of its Development Plan. Catellus shall prepare a master TSM Program for
the balance of the entire Catellus Business Park in conjunction with submittal of the first Development
Plan within the Business Park.
3. The allocation is based on the following: Since the ACET Project will be approximately 30,000 square
feet of floor area and will generate minimal peak hour impacts, the TSM Program submitted by ACET
with its Development Plan shall be designed commensurate with its level of impact. Since the balance of
the Business Park to be developed by Catellus may include up to 1.3 million square feet of floor area and
may generate significant peak hour impacts, the TSM Program submitted by Catellus with the first
Development Plan for the balance of the entire Business Park shall be comprehensive in scope and include
a range of TSM measures and potential financial contributions to fund various trip reduction programs
developed by the Catellus Transportation Systems Manager and approved by the City.
CONDITIONS
EFFECTIVE DATE
1. The Master Plan Amendment shall not be in force and effect unless and until the following conditions
have been satisfied:
a. The City Council first approves the Master Plan Amendment (MPA04 -0001) and it is in effect.
RESPONSIBILITY
2. As among ACET, the CIC and CDC, ACET shall be responsible for the costs associated with the
obtaining, implementing, and defending any necessary amendments of the Mitigation Measures and
Project Approvals and any required environmental review related thereto.
HOLD HARMLESS
3. The applicant, or its successors in interest, shall defend, indemnify, and hold harmless the City of
Alameda or its agents, officers, and employees from any claim, action, or proceeding against the City
or its agents, officers, and employees to attack, set aside, void, or annul, an approval of the City
concerning this project, which action is brought within the time period provide for in the Government
Code. The City of Alameda shall promptly notify the applicant of any claim, action or proceeding and
the City shall cooperate fully in the defense. If the City fails to promptly notify the applicant of any
2
claim, action, or proceeding, or if the City fails to cooperate fully in the defense, the subdivider shall
not hereafter be responsible to defend, indemnify, or hold harmless the City.
APPROVED PLANS
4. The Project shall be constructed in substantial compliance with the document titled LJCatellus Alameda
Project Master Plan,U prepared by Catellus Development Corporation, as amended on January 2, 2002
on file in the office of the City of Alameda Planning Department, except as modified by the Master
Plan conditions approved herein.
VESTING
5. These conditions run with the land and shall apply to the life of the Project, except as satisfied
pursuant to their express terms.
DEVELOPMENT REGULATIONS
6. All regulations of the Alameda Municipal Code shall apply to MPA04 -0001 except where express
provisions have otherwise been made in this Master Plan approval or in any Development Agreement
between the City and the applicant.
7. The Master Plan shall include the following specific limitations and exceptions to the Alameda
Municipal Code (AMC):
a. Within the business park, no outdoor storage of materials is approved as part of this Master
Plan Amendment. Any such storage may be permitted subject to an approved Use Permit.
CITY /APPLICANT RESPONSIBILI'1'1rS
8. The applicant shall not be held in default for non performance of any conditions required of the City
of Alameda or its agents or other agencies for development of property, as specified in the
Development Agreement.
AMENDMENTS
9. Any amendments to this Master Plan Amendment shall be subject to the provisions established in the
Master Plan (page I -10) and the Development Agreement (article 6.4) Major amendments to this
Master Plan shall remain within the authority of the City Council. The determination of minor and
major amendments shall be processed in accordance with the Development Agreement.
ACKNOWLEDGMENT OF CONDITIONS
10. Prior to the issuance of any building permit, the permittee shall acknowledge in writing all of the
conditions of approval of the Master Plan Amendment and must accept this Master Plan Amendment
subject to those conditions and with full awareness of the provisions of Chapter 30 of the Alameda
Municipal Code in order for the Master Plan, as approved herein and Design Review to be exercised.
MASTER PLAN, TENTATIVE MAP AND MMRP COMPLIANCE
11. The Master Plan Amendment shall be in substantial compliance with the provisions of the Catellus
Alameda Project Master Plan (January 2, 2002), Amended Tentative Map (November 19, 2001),
3
Development Agreement, Disposition and Development Agreement, and other entitlements, as
amended; City infrastructure design standards, as revised by the City Engineer; as well as the
mitigations contained in the Mitigation and Monitoring Reporting Program, as amended, prepared for
the Catellus Mixed Use Development Project.
G:\ PLANNING \CC \ORDINANCES\2004 \CC MPA Ordinance2 5 -03 -04.doc
4
I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted
and passed by Council of the City of Alameda in regular meeting assembled on the
day of 2004, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City
this day of , 2004.
Lara Weisiger, City Clerk
City of Alameda
CITY OF ALAMEDA RESOLUTION NO.
AMENDING THE MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)
FOR THE CATELLUS MIXED USE DEVELOPMENT (STATE CLEARINGHOUSE
#1998112078) MODIFYING CATELLUS' OBLIGATIONS TO MEET CERTAIN
REQUIREMENTS OF THE MMRP BY ALLOCATING THOSE OBLIGATIONS BETWEEN
ACET (ADVANCING CALIFORNIA'S EMERGING TECHNOLOGIES) AND CATELLUS
WHEREAS, the City issued a Notice of Preparation (NOP) of an Environmental Impact
Report (EIR) for the Catellus Mixed Use Development on November 23, 1998; and
WHEREAS, the City conducted a public scoping meeting on December 16, 1998; and
WHEREAS, a Draft Environmental Impact Report (December 1999) was circulated for
public comment between December 13, 1999 and January 31, 2000, and written and oral comments
were received; and
WHEREAS, the Planning Board held two public hearings to accept comments on the Draft
0 EIR on January 29, 2000; and
WHEREAS, written responses were prepared addressing all significant environmental issues
raised by commentors during the public review period and published as the EIR Response to
�°- Comments (April 2000), incorporated by reference into this document; and
t)
WHEREAS, the Final EIR, consisting of the Draft EIR and EIR Response to Comments, was
made available to the public on May 2, 2000 for a 15 -day public review; and
WHEREAS, the Planning Board held a public hearing on this Final Environmental Impact
Report on May 13, 2000, examined pertinent maps and documents, considered the testimony and
written comments received; and
WHEREAS, on May 31, 2000, the City Council certified the Final Environmental Impact
Report, including the MMRP, and adopted a statement of overriding considerations; and
WHEREAS, amendments to the Catellus Mitigation Monitoring and Reporting Program
(MMRP) mitigations are required that would modify Catellus' obligations to meet certain
requirements of the MMRP by allocating those obligations between ACET and Catellus; and
WHEREAS, a second Addendum to the Final EIR was prepared on April 12, 2004 to address
any environmental effects of amendments to the Master Plan, Development Agreement and MMRP
as required by the ACET project; and
WHEREAS, pursuant to the Final EIR and the second EIR Addendum, the MMRP
amendments would not trigger the need for subsequent environmental review pursuant to section
15162 of the CEQA Guidelines.
1
Resolution # 5 -B
5 -4 -04
WHEREAS, the Planning Board held a public hearing on the second EIR Addendum and
MMRP amendments on April 26, 2004, examined pertinent maps and documents, considered the
testimony and written comments received; and
WHEREAS, the Planning Board recommended that the Council approve the second EIR
Addendum and the MMRP amendments at a public hearing on May 4, 2004; and
NOW, THEREFORE BE IT RESOLVED that the Council of the City of Alameda hereby
approves the EIR Addendum (Attachment 1) and the following MMRP amendments for the Catellus
Mixed Use Development.
MMRP AMENDMENTS
1. MMRP T /C -19(a) (TSM Program) shall be allocated according to the size of the
development shown in the respective Development Plans. ACET will prepare a TSM Program for
the ACET Project in conjunction with submittal of its Development Plan. Catellus shall prepare a
master TSM Program for the balance of the entire Catellus Business Park in conjunction with
submittal of the first Development Plan within the Business Park.
The allocation is based on the following: Since the ACET Project will be approximately
30,000 square feet of floor area and will generate minimal peak hour impacts, the TSM Program
submitted by ACET with its Development Plan shall be designed commensurate with its level of
impact. Since the balance of the Business Park to be developed by Catellus may include up to 1.3
million square feet of floor area and may generate significant peak hour impacts, the TSM Program
submitted by Catellus with the first Development Plan for the balance of the entire Business Park
shall be comprehensive in scope and include a range of TSM measures and potential financial
contributions to fund various trip reduction programs developed by the Catellus Transportation
Systems Manager and approved by the City.
2. MMRP #5(a) (traffic signal at Mariner Square Drive and Constitution Way) shall be
allocated according to the traffic trip levels generated by the respective Development Plans (see basis
of allocation described above). ACET shall pay its fair share contribution toward the cost of
constructing the traffic signal in conjunction with submittal of the Development Plan for the ACET
Project. Catellus shall pay its fair share contribution towards the cost of constructing the traffic
signal in conjunction with submittal of the first Development Plan for the balance of the Catellus
Business Park. City shall install the traffic signal prior to occupancy of the first commercial building
developed within the Business Park in the area to be developed by Catellus.
3. MMRP T /C -9(a) through T /C -18: The fair share payments required by these mitigation
measures shall be allocated as follows: ACET shall pay its fair share contribution in conjunction
with submittal of the Development Plan for the ACET Project. Catellus shall pay its fair share
contribution in conjunction with submittal of the first Development Plan for the balance of the
Catellus Business Park.
2
RESPONSIBILITY
1. As among ACET, the CIC and CDC, ACET shall be responsible for the costs associated
with the obtaining, implementing, and defending any necessary amendments of the Mitigation
Measures and Project Approvals and any required environmental review related thereto.
Attachment 1: Second EIR Addendum, dated April 12, 2004
3
SECOND EIR ADDENDUM
CATELLUS MIXED USE DEVELOPMENT AMENDMENTS TO
MASTER PLAN, DEVELOPMENT AGREEMENT AND MMRP
MODIFYING CATELLUS' OBLIGATIONS TO MEET CERTAIN
REQUIREMENTS OF THE MASTER PLAN AND MMRP BY ALLOCATING
THOSE OBLIGATIONS BETWEEN ACET (ADVANCING CALIFORNIA'S
EMERGING TECHNOLOGIES) AND CATELLUS
April 12, 2004
Introduction
This EIR Addendum examines the environmental impacts that may result from the
proposed amendments to the Catellus Master Plan, Development Agreement and
Mitigation Monitoring and Reporting Program (MMRP) as required by the ACET
project. The Catellus Mixed Use Development EIR (State Clearinghouse #1998112078)
was certified by the City of Alameda in May 2000. The first EIR addendum for the
project was prepared in November of 2001 and approved by the City in December of
2001. This is the second EIR Addendum prepared for the Catellus project.
Proposed Project Description
The proposed project consists of: 1) a Development Agreement Amendment to release
the ACET parcel from the Catellus development; 2) a Master Plan Amendment to the
Catellus Master Plan conditions that would modify Catellus' obligations to meet certain
requirements of the Master Plan by allocating those obligations between ACET and
Catellus; and 3) an Amendment to the Catellus Mitigation Monitoring and Reporting
Program (MMRP) mitigations that would modify Catellus' obligations to meet certain
requirements of the MMRP by allocating those obligations between ACET and Catellus.
The Second Development Agreement Amendment would release the ACET parcel from
the Catellus development and would stipulate that the ACET project approvals will
not allocate to Catellus any conditions of approval or mitigation measures to be satisfied
in connection with the ACET Project. Under the second Master Plan Amendment and
the MMRP Amendment, Catellus' obligations to meet certain requirements of the
Catellus Master Plan and MMRP would be allocated between Catellus and ACET.
Specifically, this allocation applies to the following conditions of the Catellus Master
Plan (Condition #13f "Master Sign Program" and Condition #18 "TSM Program ") and
the MMRP (Mitigations T/C 5a and T/C 9 through 18 "Transportation Improvements"
and T/C 19a "TSM Program "). All conditions of the Master Plan and MMRP will
continue to be met and each party will be responsible for its fair share of the conditions.
Evaluation of Potential Environmental Impacts
Land Use: Land uses would remain unchanged as a result of the proposed project.
Public Policy: No public policies would be affected as a result of the revised
Population and Housing: No impacts to population or housing would result from the
proposed project.
Hydrology and Storm Drainage: No impacts to hydrology or storm drainage would
result from the proposed project.
Geology, Soils and Seismicity: No impacts to geology, soils and seismicity would result
from the proposed project.
Hazards: No impacts to public safety or hazards would result from the proposed project.
Biological Resources: No impacts to biological resources would result from the
proposed project.
Traffic and Circulation: The proposed project would change the allocation of several
Master Plan conditions and MMRP mitigations relating to transportation. Specifically,
this allocation applies to Condition #18 "TSM Program" of the Catellus Master Plan and
MMRP Mitigations T/C 5a and T/C 9 through 18 "Transportation Improvements" and
T/C 19a "TSM Program ". All conditions of the Master Plan and MMRP will continue to
be met and each party will be responsible for its fair share of the conditions. The
language included in the proposed amendments to the DA, Master Plan and MIvIRP
ensures that each condition is allocated to the appropriate party, that Catellus is not held
responsible for any conditions triggered by the ACET project and that ACET is not held
responsible for more than its fair share of the conditions in the Master Plan and MMRP.
The entire text of the amendments to the Master Plan conditions and MMRP mitigations
are as follows:
AMENDMENT TO MASTER PLAN CONDITIONS
1. Master Plan condition #18 (TSM Program) shall be allocated according to the size of
the development shown in their respective Development Plans. ACET will prepare a
TSM Program for the ACET Project in conjunction with submittal of its Development
Plan. Catellus shall prepare a master TSM Program for the balance of the entire Catellus
Business Park in conjunction with submittal of the first Development Plan within the
Business Park.
The allocation is based on the following: Since the ACET Project will be approximately
30,000 square feet of floor area and will generate minimal peak hour impacts, the TSM
Program submitted by ACET with its Development Plan shall be designed commensurate
with its level of impact. Since the balance of the Business Park to be developed by
2
Catellus may include up to 1.3 million square feet of floor area and may generate
significant peak hour impacts, the TSM Program submitted by Catellus with the first
Development Plan for the balance of the entire Business Park shall be comprehensive in
scope and include a range of TSM measures and potential financial contributions to fund
various trip reduction programs developed by the Catellus Transportation Systems
Manager and approved by the City.
MMRP AMENDMENTS
1. MMRP T /C -19(a) (TSM Program) shall be allocated according to the size of the
development shown in their respective Development Plans. ACET will prepare a TSM
Program for the ACET Project in conjunction with submittal of its Development Plan.
Catellus shall prepare a master TSM Program for the balance of the entire Catellus
Business Park in conjunction with submittal of the first Development Plan within the
Business Park.
The allocation is based on the following: Since the ACET Project will be approximately
30,000 square feet of floor area and will generate minimal peak hour impacts, the TSM
Program submitted by ACET with its Development Plan shall be designed commensurate
with its level of impact. Since the balance of the Business Park to be developed by
Catellus may include up to 1.3 million square feet of floor area and may generate
significant peak hour impacts, the TSM Program submitted by Catellus with the first
Development Plan for the balance of the entire Business Park shall be comprehensive in
scope and include a range of TSM measures and potential financial contributions to fund
various trip reduction programs developed by the Catellus Transportation Systems
Manager and approved by the City.
2. MMRP #5(a) (traffic signal at Mariner Square Drive and Constitution Way) shall be
allocated according to the traffic trip levels generated by the respective Development
Plans (see basis described above). AC ET shall pay its fair share contribution towards the
cost of constructing the traffic signal in conjunction with submittal of the Development
Plan for the ACET Project. Catellus shall pay its fair share contribution towards the cost
of constructing the traffic signal in conjunction with submittal of the first Development
Plan for the balance of the Catellus Business Park. City shall install the traffic signal
prior to occupancy of the first commercial building developed within the Business Park
in the area to be developed by Catellus.
3. MMRP T /C -9(a) through T /C -18: The fair share payments required by these
mitigation measures shall be allocated as follows: ACET shall pay its fair share
contributions in conjunction with submittal of the Development Plan for the ACET
Project. Catellus shall pay its fair share contributions in conjunction with submittal of the
first Development Plan for the balance of the Catellus Business Park.
All conditions of the Master Plan and MMRP will continue to be met and each party will
be responsible for its fair share of the conditions. Therefore, no impacts to traffic or
circulation would result from the proposed project.
3
Air Quality and Noise: No impacts to air quality or noise would result from the
proposed project.
Public Services and Utilities: No impacts to public services or utilities would result
from the proposed project.
Cultural Resources: No impacts to cultural resources would result from the proposed
project.
Aesthetics: No impacts to aesthetic resources would result from the proposed project.
Environmental Findings
Based on the above information and analysis in this second ElR Addendum, the proposed
project would not trigger the need for subsequent environmental review pursuant to
Public Resources Code section 2166, section 15162 and section 15164 of the CEQA
Guidelines. The changes in the proposed project are minor and would not require major
revisions of the Catellus Mixed Use Development EIR because: 1) the project would not
introduce new significant environmental effects or substantially increase the severity of
previously identified significant effects; and 2) no substantial changes have occurred with
respect to the circumstances under which the project would be undertaken and there has
been no discovery of new information of substantial importance that would require major
revisions to the previous EIR or EIR Addendum. In addition, no mitigation measures
previously found not to be feasible, or are considerably different, would now be feasible
and would substantially reduce one or more significant effects of the project. Therefore,
this EIR Addendum covers all potential environmental effects of the proposed project and
no further environmental analysis is required for the current application.
The applicant has agreed to incorporate the relevant conditions of the Catellus Master
Plan and Mitigation Monitoring and Reporting Program (MMRP) into the proposed
Project and compliance with those conditions and mitigations has been included as a
condition of approval in the resolutions approving the project. The MMRP is also
attached to the Development Agreement which is a legally binding contract.
4
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 , 2004, 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 , 2004.
Lara Weisiger, City Clerk
City of Alameda
CITY OF ALAMEDA
MEMORANDUM
To: Honorable Mayor and
Councilmembers
From: James M. Flint
City Manager
Date: April 19, 2004
Re: Public Hearing to Consider Collection of Delinquent Business License Fees
Via the Property Tax Bills
BACKGROUND
City of Alameda Ordinance No. 2655 added Section 5 -7.2, entitled "License a Debt" and
enacted several amendments and additions to the business license provisions of the
Alameda Municipal Code. Specifically, the ordinance now allows for the collection of
delinquent business license fees and charges via the property tax bill. In order for this
assessment to be valid, it must satisfy the basic requirements of due process. The owners
must be given fair and adequate notice regarding the assessment and an opportunity for a
hearing.
DISCUSSION /ANALYSIS
The Finance Department continually pursues collection of business license tax from
owners and /or managers of commercial and multi - family residential rental properties with
no current business licenses. Although the Business License Ordinance states that a
notice or bill is not required, property owners are notified by mail using the last mailing
address shown in the County tax records and are given ample time to respond prior to
sending the final notices. This year the final notices were mailed on April 16, 2004. There
were originally 54 rental properties identified as not having current licenses. The attached
list is now down to 34 parcels.
The Finance Department has general information flyers in addition to copies of the
Business License Ordinance that are mailed to anyone who requests information regarding
business licensing.
"Dedicated to E cellence, Committed to Service"
Re: Hearing #5 -C
5 -4 -04
Honorable Mayor and
Councilmembers
BUDGET /FISCAL IMPACT
April 19, 2004
Page 2 of 2
Business license fees are due and payable on July 1st of each year and are deemed
delinquent if not paid by July 31st of each year.
Ten percent penalty is imposed for every month the fee is delinquent up to a maximum of
60% of the annual fee. The total late charge included in the amount due as shown in the
attached list is $12,112.05.
RECOMMENDATION
The City Manager recommends that the City Council authorize the collection of these
unpaid business licenses via the property tax bills.
Respectfully submitted,
James M. Flint
City Manager
By: Zenda James
Finance Director
ZJ:f1
G:\ FINANCE\ COUNCIL \050404 \TAXBUSILICENSE.WPD
Attachment
"Dedicated to Exce1Tence, Committed to Service"
License Fee+
1 Late Charge 1
151.80
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23,326.47
License Fee
Late Charge
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225.00
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Amount Due
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240.00
344.00
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480.00
240.00
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Lincoln Avenue
Encinal Avenue
Central Avenue
Otis Drive
Eagle Avenue
Pacific Avenue
Elm Street
Buena Vista Avenue 1
Lincoln Avenue
Park Street
Park Street 1
Harbor Bay Pkwy
Fifth Street
Santa Clara Avenue
Harbor Bay Pkwy
Harbor Bay Pkwy
Schlooner Rd., San Leandro
Mountain Ave., Piedmont
Santa Clara Avenue
Pacific Avenue
Pacific Avenue
Minturn Street
Chestnut Street
Cottage Street
Park Avenue
Central Avenue
Regent Street
Broadway
Lincoln Avenue
Mozart Street
Limerick Lane
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Douat, Catherine R.
Brown, Randal
Vigney, Lucien M. & Marva
Vincent, Richard M. (Tax Mgmt. Group)
Raff, Eric
Ferrari, John
Carp, Vicky
Lafler, Ruth Ann
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Chavez Mgmt. Group /Pivotal Harbor Bay LLC
Chavez Mgmt. Group /Pivotal Harbor Bay LLC
Buonanno, John L. /Avanti Cabinets
Kay, Steven /Cardinal Financial
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Stone, Frederick & Terry
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Mitchell, Daniel
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Attach2004.xls
CITY OF ALAMEDA
MEMORANDUM
To: The Honorable Mayor and
Members of the City Council
From: James M. Flint
City Manager
Date: April 21, 2004
Re: Acceptance of Citywide Retail Development Policy
BACKGROUND
In March of 2003, the City began a series of Community Engagement Forums and a process to
update the retail component of the Economic Development Strategic Plan and to develop an
updated policy document for citywide retail.
DISCUSSION
The Economic Development Commission (EDC) created an EDC Retail Task Force to guide a
process involving a series of four Community Engagement Forums. The Forums sought input
from Alameda residents, property owners, employees and business people, and each forum was
designed to maximize community participation and lead toward formulation of proposed retail
policies. Between 75 and 110 participants attended each of the forums and, taking into account
the final forum, over 165 different people have attended one or more of the forums. In order to
stimulate and capture the public's interest, the EDC Retail Task Force urged the preparation and
distribution of A Retail Walking Tour Guidebook. Over 550 copies of the Retail guidebook were
distributed to the public by way of the Alameda Free Library and its branches, local business
associations and public counters at City Hall. Quarter -page ads were published in the local
media, and over 900 postcards and/or flyers were distributed prior to each Forum. Forum
meeting announcements were posted on the City's Home Page Website, aired on the City's cable
TV government channel and press releases were distributed to the media. Draft products
generated from the forum meetings were posted on the City's Website.
As indicated by the attendance at these events, there has been a great deal of interest in the future
of commercial development in Alameda. There was considerable discussion focusing on
opportunities for existing business to thrive and opportunities for new retail development and
redevelopment around the Island. The final Report (on file with the City Clerk) takes a three -
prong approach by recommending support for and strengthening of existing retail areas,
recommending a process to assist the City to make decisions regarding significant new retail
projects in the future, and it suggested a design policy aimed at new retail. Regarding
strengthening existing retail areas and specifically, the Report's recommendation to prepare a
Strategic Plan for the Webster Street commercial district, the Economic Development
Commission has created a new EDC Webster Street Strategic Plan Task Force and the City has
already hired Strategic Economics to begin the six -month Webster Street Strategic Plan process.
Dedicated to Excellence, Committed to Service
Report #5 -D
5 -4 -04
Honorable Mayor and
Members of the City Council
April 21, 2004
Page 2
On March 24, 2004, the Transportation Commission reviewed the draft report and forwarded
comments to the Planning Board (Attachment). On April 12, 2004, the Planning Board took
action endorsing the document for consideration and acceptance by Council.
General Plan and Zoning
The Citywide Retail Policy Report, if accepted by Council, recommends additions and
modifications to the General Plan to refine and expand existing policy. A hierarchy of retail areas
is needed to serve the shopping needs of the community. The Report evaluated existing policy
and suggests the consideration of changes and additions.
Next Steps
Following acceptance by Council, the document will be referred back to the affected
departments, including Planning and Building and Development Services, and the Planning
Board and the Economic Development Commission for consideration and implementation of
specific recommendations.
FINANCIAL IMPACT
There is no impact on the General Fund for acceptance of the Final Alameda Citywide Retail
Policy Report. Preparation of the Webster Street Strategic Plan is being funded out of Business
and Waterfront Improvement Project bond proceeds.
RECOMMENDATION
The City Manager recommends that the City Council accept the Citywide Retail Policy Report.
JMF/LAL/ BJMK:ry
Attachment
Respec ly submitt
Leslie A. Little
Development Services Director
By: : ruc J.M. Kno
Eco • mic Dev
Dedicated to Excellence, Committed to Service
C:\Documents and Settings \cm_user\My Documents \CC 4- 28b- 04.doc
F: ED /Strategy/Retail update /Council
t Manager
Honorable Mayor and
Members of the City Council
cc: Planning Board c/o Greg Fuz, Planning and Building Director
Economic Development Commission
Dedicated to Excellence, Committed to Service
C:\Documents and Settings \cm_user \My Documents \CC 4- 28b- 04.doc
F: ED /Strategy/Retail update /Council
April 21, 2004
Page 3
ATTACHMENT
TRANSPORTATION COMMISSION
March 24, 2004
Comments Regarding Draft Citywide Retail Policy Report
• The key to retail success is moving people, not vehicles, into and out of retail areas.
• For Policy CW I -1, point #2, remove "when possible" from the text that reads: "New
retail development should ....include...clear pedestrian passage, as well as a zone for
street trees, street furniture, and other street amenities, when possible."
• For Policy PG1, allow in -lieu parking fees only for areas along major transit corridors
or near public parking.
• City should revisit its parking requirements, and consider defining the parking
requirement according to the individual needs of the particular type of retail business.
Some types of retail, for example, may generally require less parking than other types
of retail uses, such as a local serving coffee shop, for example.
• Modify Policy CC1 to indicate that the design of site should encourage external
pedestrian access, specifically getting into and out of the retail development.
• Eliminate existing General Plan Implementing Policy 2.5j, "Reduce, the extent of
Neighborhood Business Districts by re- designating residential parcels zoned for
commercial use to residential use wherever detailed study of each district
demonstrates that an acceptable residential environment can be maintained or
created," because neighborhood commercial districts serve local areas and can reduce
the need for residents to travel. (Staff Comment: This policy has already been
implemented through changes to the Development Code and Zoning Ordinance.)
C:\ DOCUME- 1\ cm _user\LOCALS- 1 \Temp\Attachment - Citywide Retail Report.doc
CITY OF ALAMEDA ORDINANCE NO.
New Series
APPROVING AND AUTHORIZING FIRST AMENDMENT TO
MULTIPLE SITE LEASE AGREEMENT BETWEEN THE CITY OF
ALAMEDA AND AMERICAN TOWER CORPORATION FOR
DEVELOPMENT AND OPERATION OF WIRELESS
TELECOMMUNICATION FACILITIES ON CITY PROPERTY, AT
THE CHUCK CORICA GOLF COMPLEX, AND AT FIRE STATION #4
WHEREAS, the City of Alameda owns and holds easements and other rights or
interests in real property in the City of Alameda; and
WHEREAS, American Tower Corporation is a communication site development,
leasing and management company engaged in the business of constructing, marketing,
managing, operating and maintaining telecommunication sites; and
WHEREAS, City and American Tower Corporation entered into that certain
Multiple Site Lease Agreement dated December 19, 2001 ( "Agreement "), wherein,
American Tower Corporation leases ground space on a total of three properties from the
City, two of which are identified as Chuck Corica Golf Complex and Fire Station #4,
more particularly described in Exhibit B to Schedule One of the Agreement; and
WHEREAS, City and Sprint Spectrum L.P., a Delaware limited partnership
( "Sprint "), entered into a certain PCS Site Agreement dated January 2, 2000, for the
purpose of leasing equipment ground space and tower space on City's communications
tower on a property identified as Bay Farm Island, Sprint Site # SF33XC747 -A; and
WHEREAS, City and Sprint also entered into a certain PCS Site Agreement dated
October 22, 2000, for the purpose of leasing equipment ground space and tower space on
City's communications tower on a property identified as Bay Farm Golf Course, Sprint
Site # SF36XC018 -B; and
WHEREAS, the Agreement now identifies Bay Farm Golf Course as Chuck
Corica Golf Complex and Bay Farm Island as Fire Station #4; and
WHEREAS, the existing City owned Bay Farm Island and Bay Farm Golf Course
towers are each being razed and replaced by towers constructed by American Tower
Corporation ( "ATC Towers "), and various Sprint equipment is to be relocated from these
towers onto the Chuck Corica Golf Complex Tower and the Fire Station #4 Tower being
constructed by American Tower Corporation pursuant to the Agreement; and
WHEREAS, the Parties have agreed that the City is not to bear any of the cost of
relocation of such Sprint equipment; and
Final Passage of Ordinance #5 -E
5 -4 -04
WHEREAS, at the time of execution of the Agreement, City and American Tower
Corporation agreed that City would assign its interest in the Sprint Leases to American
Tower Corporation, and it was contemplated that such assignment would have been
completed prior to construction of American Tower Corporation Towers whereby
American Tower Corporation would have been managing a Sprint equipment relocation
directly with Sprint and with no City involvement; and
WHEREAS, with respect to relocating Sprint equipment from existing City
owned towers to American Tower Corporation Towers and with respect to Sprint
occupying space on American Tower Corporation Towers, City and American Tower
Corporation now find it undesirable for City to assign its interest in the Sprint leases to
American Tower Corporation; and
WHEREAS, American Tower Corporation will provide City and/or its tenant,
Sprint, with tower space on both the Chuck Corica Golf Complex Tower and the Fire
Station #4 Tower pursuant to the Agreement; and
WHEREAS, the parties hereto desire to enter into this First Amendment to the
Agreement to define each party's rights and obligations with respect to the relocation of
the afore referenced equipment and with respect to tower space to be provided by
American Tower Corporation; and
WHEREAS, pursuant to City Charter section 3 -10, no real property of the City
shall be leased for a period in excess of one year or sold, except upon the affirmation vote
of four members of the City Council.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Alameda,
by four affirmative votes:
Section 1 That the form of First Amendment to Multiple Site Lease Agreement,
presented to the City Council on April 20, 2004, and the terms, conditions and covenants
contained therein be, and the same are hereby approved.
Section 2. That the City Manager of the City of Alameda, be, and he is hereby
authorized to execute, for and on behalf of the City of Alameda, a First Amendment to
Multiple Site Lease Agreement substantially in the form and containing the terms and
conditions and covenants as set out in the First Amendment to Multiple Site Lease
Agreement referred to in the preamble hereof, and the City Clerk is hereby authorized and
directed to attest to the same.
Section 3. This ordinance shall be in full force and effect from and after the
expiration of thirty (30) days from the date of its final passage.
Presiding Officer of the City Council
Attest:
City Clerk
I, the undersigned, hereby certify that the foregoing Ordinance was duly and
regularly adopted and passed by Council of the City of Alameda in regular meeting
assembled on the day of , 2004, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of
said City this day of , 2004.
Lara Weisiger, Acting City Clerk
City of Alameda