2004-09-07 PacketCITY OF ALAMEDA•CALIFORNIA
SPECIAL MEETING OF THE CITY COUNCIL
TUESDAY - - - SEPTEMBER 7, 2004 - - - 5:00 P.M.
Time: Tuesday, September 7, 2004, 5:00 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:
3 -A. PUBLIC EMPLOYMENT - (54957)
Title: City Manager.
3 -B. CONFERENCE WITH LABOR NEGOTIATORS
Agency Negotiators: Human Resources Director and Craig Jory.
Employee Organizations: Alameda City Employee Association,
Management and Confidential Employees Association, and Police
Association Non - Sworn.
4. Announcement of Action Taken in Closed Session, if any.
Adjournment
CITY OF ALAMEDA•CALIFORNIA
SPECIAL MEETING OF THE COMMUNITY IMPROVEMENT COMMISSION
TUESDAY - - - SEPTEMBER 7, 2004 - - - 6:45 P.M.
Time: Tuesday, September 21, 2004, 6:45 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:
3 -A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (54956.8)
Property: 1825 Park Street
Negotiating parties: Ron Goode Toyota and Community
Improvement Commission.
Under negotiation: Price and terms of payment.
3 -B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (54956.8)
Property:
Negotiating parties:
Under negotiation:
Former Fleet Industrial Supply
Center (FISC).
Catellus Development Corporation and
Community Improvement Commission.
Price and terms.
4. Announcement of Action Taken in Closed Session, if any.
Adjournment
CITY OF ALAMEDA•CALIFORNIA
IF YOU WISH TO ADDRESS THE COMMISSION:
1. Please file a speaker's slip with the Deputy City Clerk, and
upon recognition by the Chair, 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 Commission
meetings.
SPECIAL MEETING OF THE COMMUNITY IMPROVEMENT COMMISSION
TUESDAY - - - SEPTEMBER 7, 2004 - - - 7:25 P.M.
Location: Council Chambers, City Hall, corner of Santa Clara Avenue
and Oak Street.
Public Participation
Anyone wishing to address the Commission on agenda items or
business introduced by Commissioners may speak for a maximum of 3
minutes per agenda item when the subject is before the Commission.
Please file a speaker's slip with the Deputy City Clerk if you wish
to speak on an agenda item.
PLEDGE OF ALLEGIANCE
ROLL CALL
CONSENT
1 -A. Minutes of the Closed Session Community Improvement Commission
and Special Community Improvement Commission Meetings of
August 17, 2004 and the Closed Session Community Improvement
Commission Meeting of August 24, 2004.
1 -B. Recommendation to approve Contract with Wagstaff & Associates
for an amount not to exceed $97,050.00 to provide consulting
services for environmental studies for the Alameda
Theatre /Cinema Multiplex /Parking Structure Project.
AGENDA ITEM
2 -A. Recommendation to allocate funds, award a Contract in the
amount of $2,086,410, including contingencies, to Golden Bay
Construction, Inc., for Webster Street Renaissance, No. P.W.
07 -02 -07 and authorize the Executive Director to negotiate and
execute all necessary agreements.
ADJOURNMENT
AGENDA
TUESDAY
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.
REGULAR MEETING OF THE CITY COUNCIL
SEPTEMBER 7, 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 5:00 P.M.
CITY COUNCIL CHAMBERS, CONFERENCE ROOM
Separate Agenda (Closed Session)
SPECIAL MEETING OF THE COMMUNITY IMPROVEMENT 6:45 P.M.
COMMISSION, COUNCIL CHAMBERS, CONFERENCE ROOM
Separate Agenda (Closed Session)
SPECIAL MEETING OF THE COMMUNITY IMPROVEMENT 7:25 P.M.
COMMISSION, CITY COUNCIL CHAMBERS
Separate Agenda
1. ROLL CALL - City Council
2. AGENDA CHANGES
3. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
3 -A. Presentation to the Fourth of July Committee recognizing their
efforts for a successful Mayor's Fourth of July Parade.
3 -B. Presentation of Certificates of Service to: Jean C. Gaskill,
Civil Service Board; Doug deHaan, Economic Development
Commission; Scott Brady, Historical Advisory Board; Neil G.
Coe, Frederick A. Chew and Lee Stuart Darrow, Housing and
Building Code Hearing and Appeals Board; C. Richard Bartalini,
Susan Jeffries and Michael Torrey, Housing Commission; and
Gary Bard, Planning Board.
3 -C. Proclamation declaring September 19, 2004 as Craftsman Day
throughout the land of Alameda.
3 -D. Presentation by West Alameda Business Association regarding
the Peanut Butter and Jam festival.
3 -E. New Main Library Project update.
4. CONSENT CALENDAR
Consent Calendar items are considered routine and will be
enacted, approved or adopted by one motion unless a request
for removal for discussion or explanation is received from the
Council or a member of the public.
4 -A. Minutes of the Special City Council Meeting of August 11,
2004, Special City Council Meeting, Special Joint City Council
and Alameda and Redevelopment Authority Meeting, and Regular
City Council Meeting held on August 17, 2004, and Special
Closed Session and Special City Council Meeting held on August
24, 2004.
4 -B. Recommendation to accept the Quarterly Investment Report for
the period ending June 30, 2004.
4 -C. Recommendation to accept the Annual Investment Report for
Fiscal Year 2002 -04.
4 -D. Recommendation to accept the Quarterly Financial Report for
the period ending June 30, 2004.
4 -E. Recommendation to award Contract in the amount of $174,383,
including contingencies, to Republic Electric for Crosswalk
In- Pavement Lights (SR2S) for Donald Lum and Haight Elementary
Schools, Wood and Chipman Middle Schools, No. P.W. 01- 04 -01.
4 -F. Recommendation to reject the sole bid; approve a finding that
the construction of the Alameda Free Library - New Main
Library Project, No. P.W. 01- 03 -01, constitutes a great
necessity or emergency that requires immediate action, and
authorize the City Manager to negotiate an Agreement with S.J.
Amoroso Construction. [Requires four (4) affirmative votes]
4 -G. Recommendation to appropriate $50,000 and authorize the Mayor
to execute a Contract with Richard Hughes Consulting for
recruitment of the new City Manager. [Mayor Johnson]
4 -H. Recommendation to accept improvements and release Subdivision
Bond for Tract 6877 (California Heritage Bay).
4 -I. Recommendation to accept report on the Local Law Enforcement
Block Grant.
4 -J. Adoption of Resolution Authorizing the City Manager to Apply
for Regional Measure 1 -2% Bridge Toll Funds for Harbor Bay
Ferry Terminal Repairs, Enter into All Agreements Necessary to
Secure These Funds and Re- allocate Funds from Regional Measure
1 -2% Grants.
4 -K. Bills for ratification.
5. REGULAR AGENDA ITEMS
5 -A. Adoption of Resolution Reappointing Harry Dahlberg as a Member
of the City Economic Development Commission (Member -at -Large
seat) .
5 -B. Adoption of Resolution Appointing Michael J. Schmitz
as a Member of the City Economic Development Commission
(Manufacturing /Industrial seat).
5 -C. Adoption of Resolution Reappointing Gail Wetzork as a Member
of the City Economic Development Commission (Member -at -Large
seat) .
5 -D. Adoption of Resolution Appointing Nancy Anderson as a Member
of the. City Historical Advisory Board.
5 -E. Adoption of Resolution Reappointing Robb Ratto as a Member of
the City Transportation Commission.
5 -F. Public Hearing to consider an Appeal of the Planning Board's
denial of Variances, VO4 -0006, 0007, 0008 and 0010, and denial
of Major Design Review, DR04 -0026, for all development
projects at 3017 Marina Drive; and adoption of related
resolution. The site is located within an R -1, Single- Family
Residential Zoning District. The development project includes
expansion of the residence into the estuary and installation
of rear yard decks. Approval is being sought for the
following: 1) Variance to AMC Subsection 30- 4.1(d)(3) (Maximum
Main Building Coverage exceeding 48 %); 2) Variance to AMC
Subsection 30- 4.1(d)(7) and Section 30 -2 (Rear Yard) because
the building extends across the rear property line into the
estuary; 3) Variance to AMC Subsection 30- 5.7(a) (Roof Eaves)
and 30- 5.7(d) (Bay Windows) because the roof eaves above the
bay windows encroach to within 3 feet from the side property
line and bay windows are not permitted to encroach into side
yards; 4) Variance to AMC Subsection 30- 5.7(c)(1) (Rear Yard),
Subsection 30 -2 (Definitions) (Yard -Rear) and Subsection 30-
4.1(d)(7) (Rear Yard) because decks over 36- inches in height
extend into the required side and rear yard setbacks; 5)
Variance to AMC Subsection 30- 5.14(c) (Barrier Heights)
because the windscreens around the patios exceed the maximum
permitted 8 -foot height. The Planning Board found that the
Variance for the bay window encroachment be withdrawn because
encroachment is in compliance, subject to Design Review
approval. Applicant /Appellant: Rita Mohlen. [Continued to
October 5, 2004.]
5 -G. Report on Fiscal Year 2004 -05 Budget update;
• Introduction of Ordinance Amending the Alameda Municipal
Code by Amending Subsection 3 -28.9 (Payment In -Lieu of
Taxes - (PILOT); Adding a New Subsection 3 -28.10 (Return on
Investments in Enterprise Funds) of Section 3 -28 (Payment
of Taxes) of Chapter III (Finance and Taxation) and Adding
a New Subsection 18 -4.10 (Exemptions) of Section 18 -4
(Sewer Service Charge) of Article I (Sewers) of Chapter
XVIII (Sewer and Water); and
• Report regarding financial support to Alameda Unified
School District included in the Fiscal Year 2004 -05 Budget.
5 -H. Final Passage of Ordinance Amending the Alameda Municipal Code
by Adding a New Section 24 -9 (Releases of Hazardous Materials
- Cost Recovery) to Chapter XXIV (Public Health), Authorizing
the Recovery Costs Incurred for the Abatement of Hazardous
Materials Releases.
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)
7 -A. Consideration of Mayor's nomination to the Transportation
Commission.
7 -B. Selection of Council alternate liaison for the Association of
Bay Area Governments (ABAG).
7 -C. Discussion regarding development of a policy that governs
private use of City of Alameda parks. [Councilmember
Matarrese]
8. ADJOURNMENT
For use in preparing the Official Record, speakers reading a
written statement are invited to submit a copy to the City Clerk
at the meeting or e -mail to: lweisige @ci.alameda.ca.us
• Sign language interpreters will be available on request. Please
contact the City Clerk at 747 -4800 or TDD number 522 -7538 at
least 72 hours prior to the Meeting to request an interpreter.
• Equipment for the hearing impaired is available for public use.
For assistance, please contact the City Clerk at 747 -4800 or TDD
number 522 -7538 either prior to, or at, the Council Meeting.
• Accessible seating for persons with disabilities, including
those using wheelchairs, is available.
• Minutes of the meeting available in enlarged print.
• Audio Tapes of the meeting are available upon request.
• Please contact the City Clerk at 747 -4800 or TDD number 522 -7538
at least 48 hours prior to the meeting to request agenda
materials in an alternative format, or any other reasonable
accommodation that may be necessary to participate in and enjoy
the benefits of the meeting.
CITY OF ALAMEDA
Memorandum
Date: August 31, 2004
To:
From:
Re:
Honorable Mayor
and Councilmembers
James M. Flint
City Manager
Regular and Special City Council Meetings and Special Community
Improvement Commission Meetings of September 7, 2004
Transmitted are the agendas and related materials for the Regular and Special City
Council Meetings and Special Community Improvement Commission Meetings of
September 7, 2004.
SPECIAL MEETING OF THE COMMUNITY IMPROVEMENT COMMISSION
CONSENT ITEM
1 -A. Minutes of the Closed Session Community Improvement Commission
and Special Community Improvement Commission Meetings of
August 17, 2004.
It is recommended that the members of the Community Improvement Commission
accept the minutes of the meetings of August 17, 2004.
1 -B. Recommendation to approve Contract with Wagstaff & Associates
for an amount not to exceed $97,050.00 to provide consulting
services for environmental studies for the Alameda
Theatre /Cinema Multiplex /Parking Structure Project.
It is recommended that the CIC approve a contract with Wagstaff & Associates to
provide consulting services for environmental studies related to the Alameda
Theatre /Cinema Multiplex/Parking Structure Project.
AGENDA ITEM
2 -A. Recommendation to allocate funds, award a Contract in the
amount of $2,086,410, including contingencies, to Golden Bay
Dedicated to Excellence, Committed to Service
Honorable Mayor and Page 2
Councilmembers August 31, 2004
Construction, Inc., for Webster Street Renaissance, No. P.W.
07 -02 -07 and authorize the Executive Director to negotiate and
execute all necessary agreements.
It is recommended that the CIC award a contract to Golden Bay Construction, Inc.
for the Webster Street Renaissance Project. This is a result of a second call for
bids and modified plans and specifications which extends the length of construction
hours and has the City purchase street benches and trash receptacles.
CITY COUNCIL AGENDA
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
3 -A. Presentation to the Fourth of July Committee recognizing their
efforts for a successful Mayor's Fourth of July Parade.
At this time the Mayor will present certificates of appreciation to the members of the
Fourth of July Parade Committee.
3 -B. Presentation of Certificates of Service to: Jean C. Gaskill,
Civil Service Board; Doug deHaan, Economic Development
Commission; Scott Brady, Historical Advisory Board; Neil G.
Coe, Frederick A. Chew and Lee Stuart Darrow, Housing and
Building Code Hearing and Appeals Board; C. Richard Bartalini,
Susan Jeffries and Michael Torrey, Housing Commission; and
Gary Bard, Planning Board.
At this time the Mayor will present certificates of service to:
▪ Jean Gaskill - Civil Service Board
• Doug deHaan - EDC
• Scott Brady - HAB
• Neil Coe, Frederick Chew and Lee Stuart Darrow - H &BCHAB
• Richard Bartalini, Susan Jeffries and Michael Torrey - Housing Commission
• Gary Bard - Planning Board
3 -C. Proclamation declaring September 19, 2004 as "Craftsman Day"
in Alameda.
At this time the Mayor will present a proclamation declaring September 19, 2004 as
"Craftsman Day" in Alameda.
3 -D. Presentation by West Alameda Business Association regarding
the Peanut Butter and Jam festival.
At this time, Sherri Stieg, Executive Director of WABA, will make a presentation
Dedicated to Excellence, Committed to Service
Honorable Mayor and
Councilmembers
regarding the Peanut Butter and Jam festival.
3 -E. New Main Library Project update.
Page 3
August 31, 2004
At this time the Library Project Manager will update the Council on the status of the
new Main Library.
CONSENT CALENDAR
4 -A. Minutes of the Special City Council Meeting of August 11,
2004, Special City Council Meeting, Special Joint City Council
and Alameda and Redevelopment Authority Meeting, Regular City
Council Meetings held on August 17, 2004, and Special City
Council Meeting held on August 24, 2004.
The City Clerk has presented for approval the Minutes of the August 11, 2004
Special City Council Meeting; the August 17, 2004 Special City Council, Special
Joint City Council /ARRA, and Regular City Council Meetings; and the August 24,
2004 Special City Council Meeting.
4 -B. Recommendation to accept the Quarterly Investment Report for
the period ending June 30, 2004.
It is recommended that Council accept the City's Quarterly Investment Report for
the period ending June 30, 2004. Projected interest income for the FY 03 -04
portfolio is $2,770,710 with an average yield of 1.81%.
4 -C. Recommendation to accept the Annual Investment Report for
Fiscal Year 2002 -04.
It is recommended that Council accept the City's Annual Investment Report that
covers the last two fiscal years. The overall return for this period was 2.69 %.
4 -D. Recommendation to accept the Quarterly Financial Report for
the period ending June 30, 2004.
It is recommended that Council accept the City's Quarterly Financial Report for the
period ending June 30, 2004.
4 -E. Recommendation to award Contract in the amount of $174,383,
including contingencies, to Republic Electric for Crosswalk
In- Pavement Lights (SR2S) to serve Donald Lum Elementary
School, Haight Elementary School, Wood Middle School and
Chipman Middle School Project, No. P.W. 01- 04 -01.
It is recommended that Council award this contract that will install new in-- pavement
lights, wheelchair ramps, and striping in locations that will enhance pedestrian
Dedicated to Excellence, Committed to Service
Honorable Mayor and Page 4
Councilmembers August 31, 2004
safety at Donald Lum Elementary, Haight Elementary, Wood Middle School and
Chipman Middle School.
4 -F. Recommendation to reject the sole bid; to approve by motion a
finding that the construction of the Alameda Free Library -
New Main Library Project, No. P.I. 01- 03 -01,. constitutes a
great necessity or emergency that requires immediate action,
and authorize the City Manager to negotiate an agreement with
S.J. Amoroso Construction (Requires four affirmative votes).
It is recommended that Council reject the sole bid of $20,266,000 from S.J.
Amoroso Construction (SJA) and find that the construction of the Alameda Free
Library — New Main Library Project constitutes a great necessity or emergency that
requires immediate action (without bid) and authorize the City Manager to negotiate
an agreement with SJA. The City Manager would negotiate the difference between
the project budget and the SJA bid through an "open book" process.
4 -G. Recommendation to appropriate $50,000 and authorize the Mayor
to execute a Contract with Richard Hughes Consulting for
recruitment of the new City Manager[Mayor Johnson].
It is recommended that Council appropriate $50,000 from general fund reserves for
the recruitment process for the position of City Manager. It is further recommended
that Council delegate to the Mayor execution of a contract with Richard Hughes
Consulting.
4 -H. Recommendation to accept improvements and release Subdivision
Bond for Tract 6877 (California Heritage Bay).
It is recommended that Council accept the improvements and release the
subdivision bond for Tract 6877, California Heritage Bay. This tract consists of 106
single - family residential lots and five common areas and is located at the former
drive -in theater site near Marina Village.
4 -1. Recommendation to accept report on the Local Law Enforcement
Block Grant.
Council is requested to receive public comment on this report. APD is now eligible
for 2004 -2005 funding of $23,888 with a required cash match of $2,654 by the City.
The use of Local Law Enforcement Block Grant (LLEBG) funds requires a public
review process prior to any expenditure.
4 -J. Adoption of Resolution Authorizing the City Manager to Apply
for Regional Measure 1-2% Bridge Toll Funds for Harbor Bay
Ferry Terminal Repairs, Enter into All Agreements Necessary to
Secure These Funds and Re- allocate Funds from Regional Measure
Dedicated to Excellence, Committed to Service
Honorable Mayor and
Councilmembers
1 -2% Grants.
Page 5
August 31, 2004
It is recommended that Council authorize the City Manager to apply for Regional
Measure 1 -2% Bridge Toll Funds for the Harbor Bay Ferry Terminal repairs and re-
allocate funds from Regional Measure 1 -2% Grants. It is anticipated that the ferry
terminal will be repaired by September 30, 2004.
4 -K. Bills for ratification.
REGULAR AGENDA ITEMS
5 -A. Adoption of Resolution Reappointing Harry Dahlberg as a Member
of the City Economic Development Commission (Member -at -Large
seat).
Adoption of this resolution reappoints Harry Dahlberg as a member of the Economic
Development Commission (member -at- large).
5 -B. Adoption of Resolution Appointing Michael J. Schmitz
as a Member of the City Economic Development Commission
(Manufacturing /Industrial seat).
Adoption of this resolution appoints Michael Schmitz as a member of the Economic
Development Commission (manufacturing /industrial seat).
5 -C. Adoption of Resolution Reappointing Gail Wetzork as a Member
of the City Economic Development Commission (Member -at -Large
seat).
Adoption of this resolution reappoints Gail Wetzork as a member of the Economic
Development Commission (member -at- large).
5 -D. Adoption of Resolution Appointing Nancy Anderson as a Member
of the City Historical Advisory Board.
Adoption of this resolution appoints Nancy Anderson as a member of the Historical
Advisory Board.
5 -E. Adoption of Resolution Reappointing Robb Ratto as a Member of
the City Transportation Commission.
Adoption of this resolution reappoints Robb Ratto as a member of the
Transportation Commission.
5 -F. Public Hearing to consider an Appeal of the Planning Board's
denial of Variances, VO4 -0006, 0007, 0008 and 0010, and denial
of Major Design Review, DR04 -0026, for all development
Dedicated to Excellence, Committed to Service
Honorable Mayor and
Counci1members
projects at
resolution.
Page 6
August 3'1, 2004
3017 Marina Drive; and adoption of related
The site is located within an R -1, Single- Family
Residential Zoning District. The development project includes
expansion of the residence into the estuary and installation
of rear yard decks. Approval is being sought for the
following: 1) Variance to AMC Subsection 30- 4.1(d)(3) (Maximum
Main Building Coverage exceeding 480); 2) Variance to AMC
Subsection 30- 4.1(d)(7) and Section 30 -2 (Rear Yard) because
the building extends across the rear property line into the
estuary; 3) Variance to AMC Subsection 30- 5.7(a) (Roof Eaves)
and 30- 5.7(d) (Bay Windows) because the roof eaves above the
bay windows encroach to within 3 feet from the side property
line and bay windows are not permitted to encroach into side
yards; 4) Variance to AMC Subsection 30-- 5.7(c)(1) (Rear Yard),
Subsection 30 -2 (Definitions) (Yard -Rear) and Subsection 30-
4.1(d)(7) (Rear Yard) because decks over 36- inches in height
extend into the required side and rear yard setbacks; 5)
Variance to AMC Subsection 30- 5.14(c) (Barrier Heights)
because the windscreens around the patios exceed the maximum
permitted 8-foot height. The Planning Board found that the
Variance for the bay window encroachment be withdrawn because
encroachment is in compliance, subject to Design Review
approval. Applicant /Appellant: Rita Mohlen. [Continued to
October 5, 2004.]
It is recommended that Council continue the public hearing to the October 5, 2004
City Council meeting. The additional time is requested by the appellant and City
staff and recommended by the City Manager in order to meet legal requirements
associated with the mediation and potential resolution agreement subject to City
Council review and approval.
5 -G. Report on Fiscal Year 2004 -05 Budget update; and,
• Introduction of Ordinance Amending the Alameda Municipal
Code by Amending Subsection 3 -28.9 (Payment In -Lieu of
Taxes - (PILOT); Adding a New Subsection 3 -28.10 (Return on
Investments in Enterprise Funds) of Section 3 -28 (Payment
of Taxes) of Chapter III (Finance and Taxation) and Adding
a New Subsection 18 -4.10 (Exemptions) of Section 18 -4
(Sewer Service Charge) of Article I (Sewers) of Chapter
XVIII (Sewer and Water); and,
• Report to the City Council regarding financial support to
Alameda Unified School District included in the Fiscal Year
2004 -05 Budget.
A Budget Update is provided for your information with attached Exhibit A which
Dedicated to Excellence, Committed to Service
Honorable Mayor and Page 7
Councilmembers August 31, 2004
summarizes the changes since adoption of the budget.
It is recommended that Council reconsider, introduce and adopt the ordinance
amending the AMC regarding sewer services charges and Payments In Lieu of
Taxes (PILOT) as Return on Investments (ROI) in other enterprise funds.
A report is provided for your information regarding financial support to AUSD
included in the FY 04 -05 budget.
5 -H. Final Passage of Ordinance Amending the Alameda Municipal Code
by Adding a New Section 24 -9 (Releases of Hazardous Materials
- Cost Recovery) to Chapter XXIV (Public Health), Authorizing
the Recovery Costs Incurred for the Abatement of Hazardous
Materials Releases.
Final passage of this ordinance amends the Municipal Code to enable the City to
seek recovery from parties responsible for the release of hazardous materials.
COUNCIL COMMUNICATIONS
7 -A. Consideration of Mayor's nomination to the Transportation
Commission.
At this time the Mayor will make nominations to fill the current vacancies on the
Transportation Commission.
7 -B. Selection of Council alternate liaison for the Association of
Bay Area Governments (ABAG).
At this time the Council will select an alternate liaison for ABAG.
7 -C. Discussion regarding development of a policy that governs
private use of City of Alameda parks. [Councilmember
Matarrese]
At this time Council will discuss the development of a policy that governs private use
of City of Alameda parks.
Dedicated to Excellence, Committed to Service
UNAPPROVED MINUTES
MINUTES OF THE SPECIAL COMMUNITY IMPROVEMENT COMMISSION MEETING
TUESDAY - - - AUGUST 17, 2004 - - - 6:45 P.M.
Chair Johnson convened the Special Meeting at 7:18 p.m.
Roll Call - Present: Commissioners Daysog, Gilmore, Kerr,
Matarrese, and Chair Johnson - 5.
Absent: None.
The Special Meeting was adjourned to Closed Session to consider:
(04- ) Conference with Real Property Negotiator; Property: 2315-
2323 Central Avenue and 2314 Santa Clara Avenue; Negotiating
parties: John Cocores, Long's Drugs and Alameda Community
Improvement Commission; Under Negotiation: Price and terms.
(04- ) Conference with Real Property Negotiator; Property: 1813
Park Street; Negotiating Parties: John Thornton III and Alameda
Community Improvement Commission; Under Negotiation: Price and
terms.
Following the Closed Session, the Special Meeting was reconvened
and Chair Johnson announced that regarding 2315 -2323 Central Avenue
and 2314 Santa Clara Avenue, the Commission gave instructions to
real property negotiators, and regarding 1813 Park Street, the
Commission did not discuss the matter.
Adjournment
There being no further business, Chair Johnson adjourned the
Special Meeting at 7:30 p.m.
Respectfully submitted,
Lara Weisiger
Secretary, Community Improvement
Commission
The agenda for this meeting was posted in accordance with the Brown
Act.
Special Meeting
Community Improvement Commission
August 17, 2004
UNAPPROVED MINUTES
MINUTES OF THE SPECIAL COMMUNITY IMPROVEMENT COMMISSION MEETING
TUESDAY - - - AUGUST 17, 2004 - - - 7:25 P.M.
Chair Johnson convened the Special Meeting at 7:55 p.m. Vice Chair
Daysog led the Pledge of Allegiance.
ROLL CALL - Present: Commissioners Daysog, Gilmore, Kerr,
Matarrese and Chair Johnson - 5.
Absent: None.
MINUTES
(04- ) Minutes of the Special Community Improvement Commission Meetings
of August 3, 2004 and August 4, 2004. Approved.
Commissioner Kerr moved approval of the minutes.
Commissioner Matarrese seconded the motion, which carried by unanimous
voice vote - 5.
AGENDA ITEM
(04- ) Recommendation to authorize the Executive Director to amend the
Contract with Michael Stanton Architects to provide additional pre-
planning services for the proposed Parking Structure and Cineplex
Project.
Commissioner Kerr moved approval of the staff recommendation.
Commissioner Matarrese seconded the motion.
Under discussion, Vice Chair Daysog stated that he requested due
diligence information; he was disappointed that he did not receive the
information; however, he feels that it is important to move forward.
On the call for the question, the motion carried by unanimous voice vote
- 5.
ADJOURNMENT
There being no further business, Chair Johnson adjourned the Special
Meeting at 7:57 p.m.
Respectfully submitted,
Lara Weisiger, Secretary
Community Improvement Commission
The agenda for this meeting was posted in accordance with the Brown Act.
Special Meeeting
Community Improvement Commission
August 17, 2004
UNAPPROVED MINUTES
MINUTES OF THE SPECIAL COMMUNITY IMPROVEMENT COMMISSION MEETING
TUESDAY - - - AUGUST 24, 2004 - - - 5:00 P.M.
Chair Johnson convened the'Special Meeting at 5:00 p.m.
Roll Call - Present: Commissioners Daysog, Gilmore, Kerr,
Matarrese and Chair Johnson - 5.
Absent: None.
The Special Meeting was adjourned to Closed Session to consider:
(04 ) Conference with Real Property Negotiator: Property:
Enterprise Landing, Alameda Point; Negotiating parties: Community
Improvement Commission and ACET; Under negotiation: Price and terms
of payment.
(04- ) Conference with Real Property Negotiator: Property: 2315-
2323 Central Avenue and 2314 Santa Clara Avenue; Negotiating
parties: Community Improvement Commission, Cocores Development
Company, and Longs Drugs; Under negotiation: Price and terms of
payment.
Following the Closed Session, the Special Meeting was reconvened
and Chair Johnson announced that regarding Enterprise Landing,
Alameda Point, the Commission gave direction to staff; regarding
2315 -2323 Central Avenue and 2314 Santa Clara Avenue, the
Commission obtained a briefing from staff.
Adjournment
There being no further business, Chair Johnson adjourned the
Special Meeting at 6:15 p.m.
Respectfully submitted,
Lara Weisiger
Secretary, Community Improvement
Commission
The agenda for this meeting was posted in accordance with the Brown
Act.
Special Meeting
Community Improvement Commission
August 24, 2004
CITY OF ALAMEDA
MEMORANDUM
To: Honorable Chair and
Members of the Community Improvement Commission
From:
Date:
Subj ect:
James M. Flint
Executive Director
August 25, 2004
Recommendation to Approve Contract with Wagstaff & Associates for an
Amount Not to Exceed $97,050.00 to Provide Consulting Services for
Environmental Studies for the Alameda Theatre /Cinema Multiplex/Parking
Structure Project
BACKGROUND
The Executive Director has initiated feasibility and pre - planning activities for the potential
Alameda Theatre /Cinema Multiplex/Parking Structure Project. This contract (on file with the
City Clerk) provides for further work on the feasibility of this project.
DISCUSSION /ANALYSIS
The potential project requires review consistent with the California Environmental Quality Act
(CEQA). Because the possible rehabilitation of the historic Alameda Theatre is included in this
project, and HUD /BEDI Section 108 loan funding may be used, additional documentation is
required, including National Historic Preservation Act (NHPA) Section 106 historic review
documentation and National Environmental Protection Act (NEPA) compliance in consultation
with HUD.
At this point, prior to completion of formal consultation between City /CIC staff and HUD, it
appears that the project will require preparation of either:
• Option 1: a "CEQA- Plus" Mitigated Negative Declaration (MND) document with HUD
to meet their historic resource impact assessment protocols; or
• Option 2: a more formal combined Mitigated Negative Declaration /Finding of No
Significant Impact (MND /FONSI) document designed to meet both CEQA and NEPA
compliance requirements; or
• Option 3: if determined to be necessary, a combined focused Environmental Impact
Report /Environmental Assessment (EIR/EA) document will be designed to meet both
CEQA and NEPA requirements.
Dedicated to Excellence, Committed to Service
Report 1 -B CIC CC
9 -7 -04
Honorable Chair and
Members of the Community Improvement Commission
August 25, 2004
Page 2
With the approval of this contract, the consultants' initial task will be to identify the most
appropriate option for the review of the project. The contract contains a scope of services that
outlines a separate work scope, budget, and schedule for all three of these options.
Wagstaff & Associates was chosen based upon a review of responses from four consultants
responding to distribution of a Request for Proposal for this project. Wagstaff has successfully
participated in other projects in Alameda, including the Merger Amendment of BWIP and
WECIP, and the Bridgeside Shopping Center Project. Wagstaff has extensive experience in
preparing MNDs and focused EIRs for Bay Area projects involving historic resources, multiplex
cinemas, and multi -level parking structures. Additionally, Wagstaff's RFP outlined the best
combination of work schedule and fee structure. Based upon this information and the established
working relationship with City and CIC staff, the Wagstaff proposal is being recommended.
Wagstaff and Associates will act as prime contractor with overall responsibility for completion
of all the environmental documents. The following subcontractors will also be part of the
environmental review team:
• Carey & Co. Architecture, Inc., historic rehabilitation architects and planners, who would
complete the necessary "peer review" architectural and historic resource impact evaluations
and any associated mitigation recommendations, as well as the required NHPA Section 106
review documentation (a separate document) in support of the requested HUD Section 108
loan guarantee;
• Environmental Vision, visual simulation consultants, who would prepare computer -
generated photomontage "before and after" visual simulations of the proposed project from
two selected City- approved vantage points; and
• Donald Ballanti, air quality management consultant, to complete the modeling and narrative
necessary to address project construction period (dust) and long -term (traffic) air emissions
impacts.
FINANCIAL IMPACT
This project will be funded by the Merged Areas Bond Issuance and would not impact the
General Fund. Consultant fees for the contract would not exceed $97,050.
Dedicated to Excellence, Committed to Service
C: \DOCUME— I \cm_user \LOCALS-1 \Temp \CIC 9 -7 -04 Wagstaff staff report.doc
Honorable Chair and
Members of the Community Improvement Commission
RECOMMENDATION
August 25, 2004
Page 3
The Executive Director recommends that the CIC approve the contract with Wagstaff &
Associates for an amount not to exceed $97,050.00 to provide consulting services for
Environmental Studies related to the Alameda Theatre /Cinema Multiplex/Parking Structure
Proj ect.
JMF/MJF/KK:ry
Res ect y submitted,
Leslie A. Little
Development Services Director
By: Kathleen Kelley
Management Analyst
cc: John Wagstaff, Wagstaff & Associates
Kyle Conner, MovieTECS
Park Street Business Association
Dedicated to Excellence, Committed to Service
C:\DOCUME- 1 \cm_user \LOCALS_1 \Temp \CIC 9 -7 -04 Wagstaff staff report.doc
CITY OF ALAMEDA
MEMORANDUM
Date: August 30, 2004
To: Honorable Mayor and Councilmembers
Honorable Chair and Members of the Community Improvement Commission
From: James M. Flint
City Manager
Re: Recommendation to Allocate Funds, Award a Contract in the Amount of $2,086,410
including Contingencies, to Golden Bay Construction, Inc. for Webster Street Renaissance,
No.P.W.07-02-07 and Authorize the City Manager to Negotiate and Execute All Necessary
Agreements
BACKGROUND
On July 20, 2004, the City Council rejected the sole bid from McGuire & Hester of $2,498,840 for
the Webster Street Renaissance Project, authorized a second call for bids, adopted modified plans
and specifications which extended the length of construction hours and allowed the Contractor to
work on five blocks at one time, and have the City purchase and install street benches and trash
receptacles.
The project consists of streetscape improvements including curb and sidewalk extensions for transit
plazas, pedestrian amenity plazas and corner extensions for greater pedestrian safety. The project
also provides new street lighting, landscaping and irrigation, street furniture, and installation of
conduits for the future undergrounding of overhead utilities. Staff from the Development Services
and Public Works Departments worked with the West Alameda Business Association (WABA) to
collaboratively develop a design that meets the business community's vision for Webster Street.
DISCUSSION /ANALYSIS
To solicit the maximum number of bids and the most competitive price, specifications were provided
to 18 separate building exchanges throughout the Bay Area. In addition, staff called other
jurisdictions with active streetscape projects to obtain a list of contractors who have submitted bids
for their projects. The jurisdictions included Oakland, Albany, Walnut Creek, Gilroy, San Leandro
and the County of Alameda. Staff contacted these contractors and as well as contractors that have
provided good service to the City of Alameda in the past, and personally encouraged them to bid on
the Webster Street project. The thirteen (13) contractors were also sent a complimentary set of plans
and specifications. A notice of bid was also published in the Alameda Journal and a pre -bid
mandatory meeting was conducted on August 10, 2004.
Gtyafawaeaa
uubIicWorks
Vepartrnent
Ih�hlie Works WmkeflrY ,!
Dedicated to Excellence, Committed to Service
Report 2 -A CIC
9 -7 -04
Honorable Mayor and
Councilmembers
Page 2
August 30, 2004
Revised Engineer's Estimate:
As reported to City Council in an August 9, 2004, Off - Agenda Report, the Public Works Department
reviewed bid data for streetscape projects from Oakland and San Leandro, as well as electronic bid
information from other cities in the Bay Area. Based on this review, the engineer's estimate was
increased to $2,065,405 (including $77,000 for City purchase of benches and trash receptacles).
Peer Review:
To provide an objective review of the Webster Street design, the plans, specifications and revised
cost estimate were sent to TY Lin International /CCS (the Civil Engineer for the Park Street
Streetscape Project) and BMS Consultants (the Landscape Architect for both Webster Street and
Park Street projects) for a peer review and analysis of alternative construction means and
methodologies. Overall, the peer review indicated that the project was well conceived and extending
the construction hours and limits of work would result in more cost effective bids. CCS also
provided specific recommendations to clarify and simplify the project specifications. In addition,
staff contacted Harris and Associates, the construction manager for the Bayport Project, and based on
their feedback developed work related specifications to accommodate construction during wet
weather. Based on the peer reviews, modifications were made and included in an addendum sent to
all contractors.
Bid Results:
Bids were opened on August 25, 2004. Five (5) contractors submitted bids. The list of bidders from
lowest to highest for total project cost is as follows:
Bidder
Location
Base Bid Amount
Golden Bay Construction
San Carlos
$1,848,534.70
J. A. Gonsalves & Sons
Napa
$2,175,125.00
Ghilotti Brothers
San Rafael
$2,250,682.00
Stacey & Witbeck, Inc.
Alameda
$2,259,250.00
McGuire & Hester
Oakland
$2,515,966.00
The bid document also included the following add alternates that the City Manager recommends
included in the award of contract for $28,200:
• Installation of City supplied street benches,
• Installation of City supplied trash Receptacles,
• Conduit for future in- pavement crosswalk lights,
• Geogrid — to be used in wet weather conditions, and
• Protection of Dig -out areas in wet weather conditions.
In addition, there is a $20,000 allowance for City Permits. The construction cost to complete the
project is $2,086,410, including a 10% contingency. The revised engineer's estimate for the base bid
was $1,988,405.
Dedicated to Excellence, Committed to Service
CMofAlameda
PUbliCWorks
Department
Public Warts Wmisfor You!
Honorable Mayor and
Councilmembers
Page 3
August 30, 2004
As approved by the City Council on May 18, 2004, the City will purchase the streetlights for the
project using the State Competitive Bid ($160,000) and the City will also purchase the street
benches, trash receptacles and water meters ($110,000). Total construction costs for the project is
$2,356,410. Currently $1,641,000 is allocated for this project. $715,410 in additional
redevelopment funds will need to be earmarked for the project.
BUDGET CONSIDERATION/FINANCIAL ANALYSIS
The work is funded under CIP# 00 -15, with funds available from the Transportation for Livable
Community (TLC) Grant, Redevelopment Funds and funding from Alameda Power & Telecom
(AP &T) to provide conduits for undergrounding electrical facilities within the project area.
Additional Redevelopment funds will need to be earmarked to allow this project to proceed. The
City Manager recommends that an additional $715,410 be allocated from Merger Bond proceeds.
Funding Source
Amount
MTC TLC Grant
$881,000
Existing Earmarked Redevelopment Funds
$500,000
AP &T
$260,000
Additional Redevelopment Funds to be earmarked
$715,410
RECOMMENDATION
The City Manager recommends that the:
1. Community Improvement Commission, by motion, allocate an additional $715,410
from Merger Bond Proceeds; and
2. City Council, by motion, award the contract in the amount of $2.086,410 including
contingencies, to Golden Bay Construction, Inc. for Webster Street Renaissance, No.P.W.07-02-07
and authorize the City Manager to negotiate and execute all necessary agreements.
lly submit
he ittle
Development Services Director
By:
MTN:WW:gc
cc: WABA
Golden Bay Construction, Inc.
G: \PUBWORKS\PWADMIN\ COUNCIL \2004\090704 \websteraward -joint report.doc
Matthew T. Naclerio
Public Works Director
Wali Waziri
Associate Civi Erigineer
Dedicated to Excellence, Committed to Service
avofillameda
QUbIicWorks
Department
runic Works iu „d,h„ You!
Proclamation
Whereas, the Craftsman style of home is a cozy and artistic kind of dwelling
that abounds in Alameda; and
Whereas, Craftsman homes offer simplicity and pleasing unity wherein
people can reside in harmony; and
Whereas, the Alameda Legacy Home Tour is featuring Craftsman homes on
its upcoming event to benefit the Alameda Architectural Society
and the Alameda Museum; and
Whereas, the Home Tour is being graciously sponsored by the Perforce
Software Foundation; and
Whereas, historic characters from the era will visit just for the day including
Jack London, President and Mrs. Theodore Roosevelt, Amelia
Earhart, and the like; and
Whereas,
people come from far away places to marvel at the charming
residential architecture here, thereby bringing commerce to our
town;
NOW THEREFORE, I, Beverly Johnson, Mayor of the City of Alameda, do
hereby declare Sunday, September 19, 2004, as
CRAFTSMAN DAY
throughout the land of Alameda.
Enacted this 7th day of September 2004.
Beverly Jo
Mayor
'"Ittit#00 q44
Proclamation #3 -C
CITY OF ALAMEDA
Memorandum
To:
From:
Date:
Re:
Honorable Mayor and
Councilmembers
James M. Flint
City Manager
September 1, 2004
New Main Library Project Update
Attached to this memorandum is the September 1, 2004, Library Construction Report.
Respectfully submitted,
Susan Hardie
Library Director
Attachment
Report #3 -E
9 -7 -04
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Dedicated to Excellence, Committed to Service
Budget for Library Construction Projects
Inception to date through the month of: July 2004
Resources: Original Budget Revenue /Expenses Balance
to Date Available
State Grant $15,487,952.00 $2,079,520.00 $13,408,432.00
Measure 0 10,600,000.00 1,644,722.00 8 955,278.00
Contributions 10,000.00 5,000.00 5,000.00
Resources Subtotal: 26,097,952.00 3,729,242.00 22,368,710.00
Expenditures to date: 23,827,619.00 3,234,276.00 20,593,343.00
Balance Available: 2,270,333.00
New Library\Monthly FS.xls
494,966.00 1,775,367.00
UNAPPROVED MINUTES
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
WEDNESDAY- - AUGUST 11, 2004- -5:30 P.M.
Mayor Johnson convened the special meeting at 5:40 p.m.
Roll Call - Present: Councilmembers Daysog, Gilmore, Kerr,
Matarrese and Mayor Johnson - 5.
[Note: Councilmember Gilmore was present via
teleconference from Stanford Sierra Camp, 130
Fallen Leaf Road, Fallen Leaf, California.]
Absent: None.
The special meeting was adjourned to Closed Session to consider:
(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 Legal Counsel - Anticipated litigation;
Significant Exposure to Litigation Pursuant to Subdivision (b) of
Section 54956.9; Number of cases: One.
Following the closed session, the special meeting was reconvened
and Mayor Johnson announced that regarding Initiation of
litigation, direction was given to legal counsel; and regarding
Significant Exposure to Litigation, direction was given to legal
counsel.
Adjournment
There being no further business, Mayor Johnson adjourned the
special meeting at 8:45 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
August 11, 2004
UNAPPROVED MINUTES
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY - - - AUGUST 17, 2004 - - - 5:00 P.M.
Mayor Johnson convened the Special Meeting at 5:10 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- ) Public Employment - (54957); Title: City Manager.
(04- ) Conference with Labor Negotiators; Agency Negotiators:
Human Resources Director and Craig Jory; Employee Organizations:
Alameda City Employee Association, Management and Confidential
Employees Association, Alameda Police Officers Association, Alameda
Police Managers Association, Police Association Non - Sworn, Alameda
Fire Managers Association, International Association of
Firefighters, International Brotherhood of Electrical Workers.
(04- ) Conference with Legal Counsel - Anticipated Litigation;
Significant Exposure to Litigation Pursuant to Subdivision (b) of
Section 54956.9; Number of cases: One.
Following the Closed Session, the Special Meeting was reconvened
and the Mayor announced that regarding Public Employment, the
Council discussed public employment of the City Manager; regarding
Conference with Labor Negotiators, the Council obtained briefing
and gave directions to labor negotiators; regarding Conference with
Legal Counsel, the Council gave direction to Legal Counsel.
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
August 17, 2004
UNAPPROVED MINUTES
MINUTES OF THE SPECIAL JOINT CITY COUNCIL AND
ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY MEETING
TUESDAY - - - AUGUST 17, 2004 - - - 7:15 P.M.
Mayor /Chair Johnson convened the Special Joint Meeting at 7:15 p.m.
Roll Call -
Present: Councilmembers /Authority Members Daysog,
Gilmore, Kerr, Matarrese, and Mayor /Chair
Johnson - 5.
Absent: None.
The Special Meeting was adjourned to Closed Session to consider:
(04- ) Conference with Legal Counsel - Existing Litigation; Name
of case: McGee v. City of Alameda.
Following the Closed Session, the Special Meeting was reconvened
and Mayor /Chair Johnson announced that the Council/ Authority
members instructed Legal Counsel that any potential conflict of
interest between Alameda Reuse and Redevelopment Authority and the
City Council is waived.
Adjournment
There being no further business, Mayor /Chair Johnson adjourned the
Special Joint Meeting at 8:18 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
August 17, 2004
UNAPPROVED MINUTES
MINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY - - AUGUST 17, 2004 - - 7:30 P.M.
Mayor Johnson convened the regular meeting at 7:57 p.m.
ROLL CALL - Present: Councilmembers Daysog, Gilmore, Kerr,
Matarrese and Mayor Johnson - 5.
Absent: None.
AGENDA CHANGES
None.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(04- ) Presentation to the Fourth of July Committee recognizing
their efforts for a successful Mayor's Fourth of July Parade.
Continued to September 7, 2004.
(04- ) Presentation by East Bay Regional Park District regarding
proposed measure on the November 2, 2004 ballot.
Director Doug Siden gave a brief presentation on Measure CC and
provided a handout outlining the East Bay Regional Park District's
November 2004 Zone Parcel Tax approved project list.
CONSENT CALENDAR
Mayor Johnson announced that the introduction of Ordinance Amending
the Alameda Municipal Code by Adding a New Section 24 -9 [paragraph
no. 04- ] and the introduction of Ordinance Amending the Alameda
Municipal Code by Amending Subsection 3 -28.9 [paragraph no. 04- ]
were removed from the Consent Calendar for discussion.
Councilmember Kerr moved approval of the remainder of the Consent
Calendar.
Councilmember Gilmore seconded the motion, which carried by
unanimous voice vote - 5.
[Items so enacted or adopted are indicated by an asterisk preceding
the paragraph number.]
( *04- ) Minutes of the Special City Council Meeting (Closed
Session), the Special Joint City Council and Alameda Reuse and
Redevelopment Authority Meeting, the Special City' Council Meeting
Regular Meeting
Alameda City Council
August 17, 2004
1
(7:20 p.m.) and the Regular City Council Meeting held on August 3,
2004. Approved.
( *04- ) Recommendation to approve Agreement for Responses to
Hazardous Materials Incidents between the Alameda County Fire
Department and the City of Alameda. Approved.
(04- ) Introduction of Ordinance Amending the Alameda Municipal
Code by Adding a New Section 24 -9 (Releases of Hazardous Materials
- Cost Recovery) to Chapter XXIV (Public Health), Authorizing the
Recovery of Costs Incurred for the Abatement of Hazardous Materials
Releases. Introduced.
Councilmember Kerr stated that she supports the Ordinance; the
Ordinance requires those responsible for hazardous materials
releases to reimburse the City for release abatement costs.
Councilmember Kerr moved introduction of the Ordinance.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 5.
(04- ) Introduction of Ordinance Amending the Alameda Municipal
Code by Amending Subsection 3 -28.9 (Payment In -Lieu of Taxes -
(PILOT); Adding a New Subsection 3 -28.10 (Return on Investment in
Enterprise Funds) of Section 3 -28 (Payment of Taxes) of Chapter III
(Finance and Taxation) and Adding a New Subsection 18 -4.10
(Exemptions) of Section 18 -4 (Sewer Service Charge) of Article I
(Sewers) of Chapter XVIII (Sewer and Water). Continued to September
7, 2004.
Councilmember Kerr stated that she is vague on how the sewer fund
was designated as an enterprise fund; the sewer tax was passed to
pay for sewers; the proposed ordinance transfers part of the sewer
tax away from sewers and places money in the General Fund, which is
unacceptable.
Vice Mayor Daysog concurred with Councilmember Kerr; stated there
could be impacts in having appropriate revenues for sewers;
questioned the 1% Return on Investment (ROI); stated the ROI could
be higher; the suggested $2.00 per month phone fee is expected to
generate approximately $1.4 million; Council should review ways to
generate revenues through ROI increases instead of the 911 fee; a
1% ROI expectation is low; many of the City's financial instruments
have at least an 8 -9% ROI target.
Councilmember Matarrese concurred with Councilmember Kerr and Vice
Mayor Daysog.
Regular Meeting
Alameda City Council 2
August 17, 2004
The City Attorney stated that in 1993, the PILOT was set at 1% for
the sewer fee; the purpose of the two - tiered structure is to leave
the sewer fee alone and only make adjustments for Golf and Alameda
Power & Telecom; there is no new sewer fee.
Councilmember Kerr stated that she objects to a tax on a tax.
Councilmember Matarrese stated there is a difference between
enterprise departments and City services; that he has a hard time
recognizing sewers as an enterprise fund.
Councilmember Kerr stated that she has a basic philosophy that the
Public Works Department is first in the public health of the City.
The City Manager stated that an analysis of alternatives would be
provided at the next City Council meeting.
Vice Mayor Daysog stated that he would rather have the City
generate more revenue from increased ROI's than a $2.00 phone fee.
Councilmember Matarrese moved that the Ordinance be continued to
the September 7, 2004 City Council Meeting.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 5.
( *04- ) Ratified bills in the amount of $4,825.671.96
REGULAR AGENDA ITEMS
(04- ) Resolution No. 13755, "Reappointing George Humphreys as a
Member of the Housing and Building Code Hearing and Appeals Board."
Adopted.
Vice Mayor Daysog moved adoption of the Resolution.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 5.
(04- ) Resolution No. 13756, "Appointing Suzanne T. Storar as a
Member of the Housing and Building Code Hearing and Appeals Board."
Adopted.
Councilmember Gilmore moved adoption of the Resolution.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 5.
Regular Meeting
Alameda City Council
August 17, 2004
3
The City Clerk administered the Oath of Office and presented Ms.
Storar with a certificate of appointment.
(04- ) Resolution No. 13757, "Resolution Appointing Cookie
Robles -Wong as a Member of the Housing Commission." Adopted.
Councilmember Gilmore moved adoption of the Resolution.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 5.
(04- ) Public Hearing to consider an Appeal of the Planning
Board's denial of Variances, VO4 -0006, 0007, 0008 and 0010, and
denial of Major Design Review, DR04 -0026, for all development
projects at 3017 Marina Drive; and adoption of related resolution.
The site is located within an R -1, Single - Family Residential Zoning
District. The development project includes expansion of the
residence into the estuary and installation of rear yard decks.
Approval is being sought for the following: 1) Variance to AMC
Subsection 30- 4.1(d)(3) (Maximum Main Building Coverage exceeding
48 %); 2) Variance to AMC Subsection 30- 4.1(d)(7) and Section 30 -2
(Rear Yard) because the building extends across the rear property
line into the estuary; 3) Variance to AMC Subsection 30- 5.7(a)
(Roof Eaves) and 30- 5.7(d) (Bay Windows) because the roof eaves
above the bay windows encroach to within 3 feet from the side
property line and bay windows are not permitted to encroach into
side yards; 4) Variance to AMC Subsection 30- 5.7(c)(1) (Rear Yard),
Subsection 30 -2 (Definitions) (Yard -Rear) and Subsection 30-
4.1(d)(7) (Rear Yard) because decks over 36- inches in height extend
into the required side and rear yard setbacks; 5) Variance to AMC
Subsection 30- 5.14(c) (Barrier Heights) because the windscreens
around the patios exceed the maximum permitted 8 -foot height. The
Planning Board found that the Variance for the bay window
encroachment be withdrawn because encroachment is in compliance,
subject to Design Review approval. Applicant /Appellant: Rita
Mohlen. Continued to September 7, 2004.
(04- ) Ordinance No. 2930, "Amending Ordinance No. 2806 and
Granting a Five -Year Extension of Non - Exclusive Cable Television
Franchise to Alameda Bureau of Electricity DBA Alameda Power and
Telecom." Finally passed.
Vice Mayor Daysog moved final passage of the Ordinance.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 5.
Regular Meeting
Alameda City Council
August 17, 2004
4
(04- ) Ordinance No. 2931, "Amending the Alameda Municipal Code
by Adding Section 2 -17 (Establishing a Commission on Disability
Issues) to Chapter II (Administration)." Finally passed.
Ed Cooney stated the Mayor's Committee on Disability Issues will
have a final meeting next Monday night; most of the Committee
members will apply for Commission appointment; inquired when
Commission members would be appointed.
The City Clerk responded that once the Ordinance becomes effective
in thirty days, solicitation for applications would be noticed;
after a reasonable time has been allowed for application
submittals, the Mayor would make nominations which may not happen
before October.
Ed Cooney inquired whether the Committee should hold a September
meeting, to which the Mayor responded in the affirmative.
Ed Cooney thanked the Council and introduced Committee members:
Adriane Grimes, Toby Berger, and Steve Fort; noted Gina Magoy and
Vice Chair Jim Gwynne were not present.
Mayor Johnson thanked the members for many years of service; stated
Commission establishment is an elevation in status.
Vice Mayor Daysog moved final passage of the Ordinance.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 5.
ORAL COMMUNICATIONS, NON - AGENDA
(04- ) George Phillips, Alameda Boys and Girls Club, stated the
Boys and Girls Club Lincoln Avenue location was built in 1956; the
building is inefficient in design and suffers from a variety of
old -age problems; the original, tilt -up concrete building is not
designed to withstand a seismic event; the Board of Directors have
been developing a plan to repair, renovate and seismically upgrade
the building; construction plans were adopted and fund raising
began; that rising construction costs would nearly double the
original budget estimate; the neighborhood is being removed from
the federal government's low- income zone designation; internal
studies showed that demographically the majority of the population
serviced by the Boys and Girls Club is now living in the west end
of Alameda; the Board of Directors search for a new facility lead
to an under - utilized portion on Woodstock School; the Board decided
to vacate the Lincoln Avenue building, put it up for sale, and move
forward with plans to construct a new building; the Board is
Regular Meeting
Alameda City Council 5
August 17, 2004
requesting approval to run a five -day per week after school
organized program at McKinley Park, utilizing shared facilities
with the Park and Recreation Department and adding a computer lab
and learning center; the Board feels strongly that the Tiny Tots
Program is imperative to the City; the Program does not conflict
with the Club's 3:00 p.m. to 7:00 p.m. time constraints; introduced
members of the Board: Chief Matthews, District Attorney Harmon;
Judge Northridge; Board President Ed Kofman, and John Scott.
Deborah Greene, Estuary Park Action Committee (EPAC), stated that
consideration of adult needs for recreational space should be
addressed when discussing the fate of McKinley Park.
Linda Gilchrist, Alameda, stated a private group is proposing to
take away a neighborhood park; that she is not willing to give up
the Park; the proposal is inconsistent with the goals and
objectives of the combined land use plan and General Plan; a
precedent for private entities taking park space should not be set;
urged Council's support to save the Park.
Melissa Rundle, Alameda, stated that neighborhood children care
about the Park; urged Council not to take away the Park.
Mayor Johnson stated that the Council and the Recreation and Parks
Department have not had any input on the issue; the proposal is not
a done deal; there has been no City Board or Commission review.
Debbie Rundle, Alameda, stated that placing a Boys and Girls Club
at McKinley Park is not age or safety appropriate.
Tonya Zimmer, Alameda, stated that McKinley Park acts as a safety
zone for the neighborhood children; urged Council to help save the
Park.
Kristen Legg, Alameda, inquired why due process was not done prior
to Alameda Boys and Girls Club distributing a letter.
Mayor Johnson stated that she did not see the letter; nothing can
be finalized until the matter is brought to Council.
Jeff Georgevich, Alameda, stated that neighborhood residents just
happened to find out about the proposal; using public taxpayers'
money to subsidize a group that is competing with the City's
Recreation and Parks Department makes no sense; urged Council to
stop the action.
Mary Patt Glass, Alameda, stated that McKinley Park was the second
park established in Alameda and is the smallest active park in the
Regular Meeting
Alameda City Council 6
August 17, 2004
City; buildings would make it impossible for the neighbors to
utilize the Park.
Dorothy Boynton, Alameda, stated that she opposed having the Boys
and Girls Club at McKinley Park.
Ginni Dofflemyer, Alameda, stated that the Park has been repeatedly
targeted; more open space is needed.
Lucy Gigli, Alameda, stated that the use is not compatible with
neighborhood use; spoke on behalf of a friend [had to leave the
meeting] who bought a home around the corner of McKinley Park
because of park proximity.
Jeremy Prickett, Campaign for Renters Rights, noted Council kept
the people from Harbor Island Apartments waiting; that housing is a
priority.
(04- ) The following speakers addressed the Council regarding
the mass evictions at the Harbor Isle Apartments: Lorraine Lilly,
Harbor Island Tenant Association; Pamela Simpson, Resident; Destiny
Thomas, Resident; Jeremy Prickett, Campaign for Renters Rights
(CRR); Regina Tillman, Resident; Stephanie Reynolds, Resident;
Mosetta Rose London, Alameda; John F. Roake, Alameda; Johnnie B.
Lewis, Harbor Island Tenant Association; Rosa Martha Flores,
Resident; Nagwa Salih, Resident; Sandra Williams, Resident; Joel
Schor, Resident; John Reimann, CRR; Richard Mellor, CRR; Ruth
Lorenzo, Harbor Island Tenant Association; Isolina Cadle, Resident;
Ahmed Baklleit, Resident; Sylvia Spaniolo, Alameda Democratic
Central Committee; Summer Shields, Democratic Central Committee
(Alameda County); JoJo, LaRouehe; Samya Ahmed, Resident; Destiny
Thomas, Resident; Benoit Bassere, Zyndon Zarouche P.A.C.;Tom
Matthews, Renewed Hope; Charles Monroe, Resident; Deborah James,
Resident; Kristine, Resident; Yvonne Keel, Resident; Regina
Tillman, Resident; and Reginald Lee James, College of Alameda Black
Student Union.
Mayor Johnson stated that Council met last week and gave further
direction to the City Attorney's office regarding the pursuit of
options; that the City Attorney's office is exploring the options
and will be reporting back to the Council; discussing Closed
Session litigation issues in public would be a mistake; Council
does not trust the property owners any more than the tenants do.
Councilmember Matarrese requested staff to describe the permit and
major design review public process.
Regular Meeting
Alameda City Council
August 17, 2004
7
The City Attorney responded that the specifics are handled by the
Planning and Building Department; major renovation requires
numerous permits and major design review; there is an appeal
process to the Council; all plans are public record; expanded
notice requirements would be utilized to provide specific notice to
the Harbor Island residents.
Vice Mayor Daysog stated the permitting process is a long, drawn
out process; it is imperative that the City Council take a front
and center role in representing the residents and getting the
property owners to stand down; there has been good progress in the
last two weeks; staff needs to back up Council; that he does not
have faith in staff regarding the issue; that his direction to work
with residents was not included in an August 16 letter staff sent
to the Fifteen Group.
Councilmember Gilmore stated the property owners were chagrinned
about causing a problem for the City; that she did not get a sense
of the owners having appreciation for the residents' major
problems; the property owners are trying to appease the City and
take care of a public relations issue; Council needs to make the
residents' concerns clear; the property owners care more about what
is printed in the newspaper.
Mayor Johnson inquired what the timeframe was for receiving
information from the City Attorney's office, to which the City
Attorney responded that information would be provided within two
days.
Mayor Johnson stated that the Council needs to be in a position to
give direction.
The City Attorney stated that direction was given to the City
Manager's office to authorize appropriate litigation; there have
been extensive discussions between the City Manager's office,
staff, and the property owners to determine what actions the owners
can and will take and to use litigation as a remedy at the
appropriate time.
Mayor Johnson stated she did not recall receiving a briefing on
Council's precise legal options.
The City Attorney stated that authorization for initiation of
litigation could be directed [under the City Charter] by the City
Manager; the City is trying to pressure the property owners to take
appropriate steps to treat the tenants in a way that the Council
and community would like; litigation options will be pursued.
Regular Meeting
Alameda City Council
August 17, 2004
8
Mayor Johnson stated a meeting was held today with the City Manager
and property owners; little or no progress was made; that she does
not know what happened at the following meeting; Council's
dissatisfaction with the 90 -day extension [from the original notice
date] and increase in moving assistance was made clear.
Vice Mayor Daysog stated Council needs to take an official stand
and have involvement in negotiations with the property owners;
there are too many loose ends at this point.
Councilmember Kerr stated that she does not want to make promises
than cannot be kept; whether Council has legal standing must be
established; the City is in fiscal crises; eminent domain requires
the City to pay a fair market price; it is misleading to think that
the City has that type of money.
Councilmember Matarrese stated that it is important to review all
options; some options may be legally available but not feasible;
options that cannot work can be taken off the table; concurred with
Vice Mayor Daysog regarding Council's need to take a stand; not
exploring options is not exercising due diligence; the property
owner has made money from improvements across the street and has
disrupted the community and the school district; eliminating non-
productive options takes time; the City needs to communicate to
residents about the steps that have been taken.
Councilmember Gilmore stated timing is critical; tenants have
discussed dismal conditions of apartments; owners should be
encouraged to fix what is wrong; Council did not know the size and
scope of renovations; going through the permit and public hearing
process takes time; inquired what the rush is to put people out on
the streets if the permit process takes six months to a year.
Mayor Johnson stated that a Special Council Meeting should be
scheduled to discuss available options.
Vice Mayor Daysog inquired what the City Manager thought of Council
directly negotiating with the property owners.
The City Manager responded that he would support Council's wishes
to negotiate with the property owners; however, he has substantial
reservations; that he and the City Attorney have concerns with
expressed lack of trust in fulfilling Council's direction; internal
issues need to be resolved; stated the City Clerk would poll the
Council regarding scheduling a meeting for early next week.
Councilmember Kerr stated that Council should not make grand
negotiation gestures until there is something with which to
Regular Meeting
Alameda City Council 9
August 17, 2004
negotiate; that she does not understand why tenants have not taken
the landlords to court; there should not be in a hurry with
evictions as long as leases are still running.
The City Manager stated having time to address the issue is
important; the situation was not created by the City of Alameda; it
was made clear to the Fifteen Group that if they were not
responsive, a different response would be provoked from the City.
Vice Mayor Daysog inquired whether the property owners advised when
they would be getting back to the City, to which the City Manager
responded that he needed to debrief staff that met with the Fifteen
Group about the time line for the process and the needs of having
tenants dislocated.
Mayor Johnson stated that the property owners might not be willing
to make any changes to their schedules; Council needs to be
prepared to select options.
The City Manager stated that the Mayor requested an update every
two weeks to ensure the issue remains in front of Council until
solved.
Vice Mayor Daysog stated that the City is hoping that the property
owners do something; Council should be directing the property
owners.
Mayor Johnson stated the City Manager's office received a call from
the property owners; there were no negotiations; that she is not
optimistic that the owners are prepared to make schedule changes
even after going through the planning process.
Councilmember Matarrese stated that at the Closed Session there was
mention of what the City of Oakland did with the top twelve problem
slum lords in Oakland; there was legal recourse; the Assistant City
Attorney was reviewing the matter; information should be provided
at the next meeting; Oakland's action could provide a practical set
of legal measures that Council might be able to take.
Mayor Johnson concurred with Councilmember Matarrese; stated there
is no point to negotiate with the owners if they are not prepared
to make changes; Council needs to create leverage and motivation to
negotiate.
COUNCIL COMMUNICATIONS
(04- ) Consideration of Mayor's nominations (3) for appoint to
the Economic Development Commission.
Regular Meeting
Alameda City Council 10
August 17, 2004
Mayor Johnson nominated Michael J. Schmitz for appointment to the
Economic Development Commission and Harry Dahlberg and Gail Wetzork
for reappointment to the Economic Development Commission.
(04- ) Consideration of Mayor's nomination to the Historical
Advisory Board.
Mayor Johnson nominated Nancy C. Anderson for appointment to the
Historical Advisory Board.
(04- ) Consideration of Mayor's appointment to the Rent Review
Advisory Committee.
Mayor Johnson nominated Richard L. Hofmann for appointment to the
Rent Review Advisory Committee.
(04- ) Consideration of Mayor's nominations (2) to the
Transportation Commission.
Mayor Johnson nominated Robb Ratto for reappointment to the
Transportation Commission.
ADJOURNMENT
There being no further business, Mayor Johnson adjourned the
Regular Meeting at 10:25 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
August 17, 2004
11
UNAPPROVED MINUTES
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY - - - AUGUST 24, 2004 - - - 5:01 P.M.
Mayor Johnson convened the Special Meeting at 6:15 p.m.
Roll Call - Present: Councilmembers Daysog, Gilmore, Kerr,
Matarrese and Mayor Johnson - 5.
Absent: None.
Public Comment on Agenda Items Only
The Special Meeting was adjourned to Closed Session to consider:
(04- ) Conference with Legal Counsel - Anticipated Litigation;
Initiation of litigation pursuant to subdivision (c) of Section
54956.9; Number of cases: One.
Richard Neveln, Alameda, addressed the Council regarding
litigation.
Following the Closed Session, the Special Meeting was reconvened
and Mayor Johnson announced that regarding Anticipated Litigation,
the Council directed initiation of litigation.
* **
Mayor Johnson called a recess to hold a Special Council Meeting
and reconvened the Closed Session at 9:45 p.m.
* **
(04- ) Public Employment - (54957); Title: City Manager.
Following the Closed Session, Mayor Johnson announced that Council
discussed the public employment of the City Manager.
Adjournment
There being no further business, Mayor Johnson adjourned the
Special Meeting at 10:20 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
August 24, 2004
UNAPPROVED MINUTES
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY - - - AUGUST 24, 2004 - - - 7:30 P.M.
Mayor Johnson convened the Special Meeting at 7:48 p.m.
Councilmember Gilmore led the Pledge of Allegiance.
Roll Call - Present: Councilmembers Daysog, Gilmore, Kerr,
Matarrese and Mayor Johnson - 5.
Absent: None.
AGENDA CHANGES
None.
AGENDA ITEM
(04- ) Discussion of status of Harbor Island Apartments,
including owner - proposed renovation project.
The Housing Authority Executive Director gave a brief update on the
maintenance and police issues at the Harbor Island Apartments;
stated the City met with the property owners to discuss extending
the eviction date, phasing renovations, and assisting with
relocation.
The following speakers addressed the Council regarding the mass
evictions at the Harbor Island Apartments: Richard Neveln, Alameda;
Terry Engstrom, Alameda; Arthur Lipow, Alameda; Anthony Rolley,
West End Athletic and Academic League; Modessa Henderson, Alameda;
Susie Marie Salminen, Alameda; Nancy Engstrom, Alameda; Zubida
Bakheit, Alameda; Stephanie Reynolds, Alameda; Jeremy Prickett,
Campaign for Renters Rights (CRR); Blondell Ratcliff, Alameda;
Janaia Monique Hyde, Alameda; Tom Matthews, Renewed Hope; Bill
Smith, Alameda; William Smith, Renewed Hope; Johnnie Lewis,
Alameda; Nagua Salih, Alameda; Richard Mellor, CRR; Lucille
Landoner, Harbor Island Tenant Association; Grebrehiwof
Tesfandrias, Alameda; Isolina Cadle, Harbor Island Tenant
Association; Delores Wills Guyton, Harbor Island Tenant
Association; Lorraine Lilley, Harbor Island Tenant Association;
Brian LeGrand, Harbor Island Tenant Association; Regina Tillman,
Alameda; Brooks, Alameda; Helen Sause, Housing Opportunities Makes
Economic Sense (HOMES); C. Landry, Alameda; Eve Bact, Alameda; and,
Judy Gant, Alameda.
In response to Mr. Rolley's inquiry regarding Council's action on
the Harbor Island Apartments, Mayor Johnson responded that Council
Special Meeting 1
Alameda City Council
August 24, 2004
directed the City Attorney to initiate litigation; stated the
details could not be discussed.
In response to Ms. Henderson's inquiry on when the tenants would
have to leave, the City Attorney responded that Council has
authorized and directed filing of litigation; initially, the City
would seek a temporary restraining order, placing a stay on the
notices until the tenants' legal rights are addressed; there is a
written commitment from the landlord stating that no one has to
move before November, which may be extended to January; the tenants
need to assist the City through the litigation process; the City is
reviewing State and federal laws which protect tenant rights; the
ultimate goal is to use litigation to solve the problems; the
status of tenant and landlord negotiations needs to be communicated
to the City Attorney.
Mayor Johnson requested the City Attorney to provide an explanation
of an injunction.
The City Attorney stated that a temporary restraining order would
request that everything be status quo until tenant rights are
resolved; the court hearing would be set within a couple of months.
Mayor Johnson stated the City is seeking to stop the eviction
notices; a court hearing date would be set in a short time; another
hearing date would be set to address a longer term restraining
order.
In response to Ms. Reynolds' inquiry regarding the possibility of a
rushed court date, Mayor Johnson responded that a hearing date
could be scheduled within two weeks from the request; the situation
warrants a priority in the court system.
Mayor Johnson inquired when the Court is required to set a hearing
date after considering the temporary restraining order, to which
the City Attorney responded 15 days.
Vice Mayor Daysog stated the City needs to work with the residents
to ensure that the pros and cons in pursuing litigation are
understood.
Mayor Johnson requested staff to address code enforcement and
planning issues.
The Housing Authority Executive Director stated that on August 11,
56 complaint forms were received; on August 12, a code enforcement
officer reviewed the complaints and deemed 22 valid; a code
enforcement officer inspected the repairs; all repairs were
Special Meeting 2
Alameda City Council
August 24, 2004
completed, except for one case, in which a tenant refused entry.
Vice Mayor Daysog requested that violations be summarized
categorically by code.
Mayor Johnson requested staff to address the planning issues.
The Housing Authority Executive Director stated site improvements
include additional trees and shrubs, reconfiguration of the
irrigation system, an upgraded screen wall along the north property
line, addition of an enhanced entry to the north parking area,
consolidation of trash removal, replacement and reconfiguration of
existing walkways, addition of a new entry at the visitor parking
entrance, and addition of 64 enclosed garages; exterior
improvements include new windows, guard railings and balconies,
applied trim elements, partial walls added to the existing
balconies, and new exterior lighting; interior improvements include
new kitchen cabinets and appliances, electrical upgrades, new
bathroom fixtures and finishes, new washer and dryer hookups, new
carpet and paint, new hardwired smoke detectors, new hallway
flooring, lighting and paint; there are plans for a new clubhouse
building, and deck overlooking the pool.
Mayor Johnson suggested that tenant representatives provide names
and telephone numbers.
Vice Mayor Daysog inquired about the sprinkler systems, to which
the Housing Authority Executive Director responded there is a fire
sprinkler system in one building.
Vice Mayor Daysog inquired whether all buildings should have a
sprinkler system, to which the City Manager responded in the
affirmative; sprinkler systems would be installed during
renovation.
Vice Mayor Daysog inquired whether the $15 million in improvements
included sprinkler systems, to which the Housing Authority
Executive Director responded that he was not sure.
Vice Mayor Daysog inquired whether the absence of sprinkler systems
is a code violation, to which the Housing Authority Executive
Director responded in the negative; when applying for the
rehabilitation permits, code requirements would include sprinkler
systems.
Mayor Johnson requested that the Notice of Funding Availability
[NOFA] information provided by Ms. Guyton be forwarded to Council.
Special Meeting
Alameda City Council
August 24, 2004
3
Vice Mayor Daysog requested more information on the sprinkler
system be provided to Council.
Councilmember Gilmore inquired whether the sewage has been cleaned
up, to which Ms. Lilly responded in the negative.
Mayor Johnson requested a copy of Ms. Lilly's sewage and water
bill, and a police activity report for the last few weeks.
In response to Ms. Lilly's inquiry regarding stress relief
counseling services, Mayor Johnson responded that the owners should
be requested to provide the service.
In response to Ms. Lilly's inquiry regarding code enforcement
fines, the City Manager responded that the Planning Department
would provide information.
Mayor Johnson requested the Housing Authority Executive Director
to explain the Section 8 contract renewal process.
The Housing Authority Executive Director stated that there is a
difference between code violations and housing quality standard
violations; when entering into a Section 8 contract, units must
meet the Housing and Urban Development (HUD) housing quality
standards; payments are abated if standards are not met within 30
days; there has been poor HUD management and administration
practices; the City has not entered into any Section 8 contracts at
the Harbor Island Apartments since last January but continues to
honor existing contracts.
Vice Mayor Daysog requested a staff report on the sprinkler
system's existing condition, how it compares to the existing code
regarding safety, and the improvement plans; requested staff to
discuss the asbestos and lead issue; the City needs to work with
the residents to ensure that City actions are understood.
Councilmember Matarrese requested that Alameda County Vector
Control be contacted to respond to pest problems immediately.
Councilmember Gilmore requested a follow up on the sewage and water
bill submitted by Ms. Lilly.
Mayor Johnson requested samples of the rental contracts.
Councilmember Kerr stated that residents have lived in horrid
conditions for years; the best tenant option is to find another
landlord; the market would not support doubling the rent; tenants
need to be activists with their pocketbooks.
Special Meeting
Alameda City Council
August 24, 2004
4
Vice Mayor Daysog stated that community meetings continually make
reference to the Harbor Island Apartments as being a home to the
tenants and is worth fighting for.
Councilmember Gilmore requested staff to follow up on testimony
that the buildings were well maintained prior to 1996; requested
statistics on building code violation complaints and police
activity; a pattern and practice of neglect might be found.
Vice Mayor Daysog requested fire data for the past five years.
Adjournment
There being no further business, Mayor Johnson adjourned the
Special Meeting at 9:40 p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
Special Meeting
Alameda City Council
August 24, 2004
5
CITY OF ALAMEDA
MEMORANDUM
Date: August 25, 2004
To: Honorable Mayor and
Councilmembers
From: James M. Flint
City Manager
Re: Quarterly Investment Report for Period Ending June 30, 2004
BACKGROUND
Attached is the investment portfolio for the quarter ending June 30, 2004
DISCUSSION
The attached portfolio reflects the invested operating funds as well as the various
assessment district funds. These investments have been made in accordance with the
provisions of the City's approved Investment Guidelines. The City of Alameda's
expenditure requirements for the next six months are more than sufficiently covered by two
sources, namely (1) anticipated revenues from regular operations and (2) liquidity of
current investments.
FINANCIAL IMPACT
This report is provided for information purposes only.
RECOMMENDATION
The City Manager recommends that Council accept the City's Investment Report for
period ending June 30, 2004.
Respectfully submitted,
J e -Ann Boer
Chief Financial Officer
JB:dI
Attachment
G: \FINANCE \COUNCIL \090704 \I nvestment2ndgtr.doc
Dedicated to Excellence, Committed to Service Report #4 -B CC
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TOTAL AND AVERAGES
MARINA VILLAGE ASSESSMENT DIST. 89 -1
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TOTAL AND AVERAGES $629,637.571 1.1497 %I 1.1462 %, 201 1 153 $629,324.021 $628,700.901
1U .S. TREAS. NOTES 6.50 %, 5/15/05 367,507.97 6.5000 %I 6.2500 %1 . 1-Jun-04 15- May -05 ! 348 319 $351,000.00 $364,491.56
BNY - WELLS FARGO TREASURY PLUS (RESERVE) 12,094.881 0.4000% j 0.4000 % 2- Apr -04 01- Jul -04 ' 90 1 12.094 88 12- 094.88
TOTAL AND AVERAGES $379,602.851 6.3056 %1 6.0636 %, 1 219 1 160 1 $363,094.881 $376,586.441
1 1.0500% 2-Apr-04 01-Jul-04 90 1 3,644,745.94 3,644,745.94
1.0500% 2- Apr -04 01- Ju1-04 90 1 11,763.67 11,763.67
90 1 $5,324,787.501 $5,324,787.501
01- Jul -04 90 1 $1,263,768.75' $1,263,768.751
108 1 19 1 $2,485,699.471 $2,488,746.691
'UNION BANK - PROVIDENT INST. FUND $13.23'1 1.0600 %1 1.0600% 2- Apr -04 01- Jul -04 90 1 $13.23 $13.231
90 1 1 1 $516,528.82'', $536,822.211
TOTAL AND AVERAGES $5,324,787.50: 1.0500 %1 1.0500 %1
IMBIA GUARANTEED INVESTMENT CONTRACT $1,263,768.751 4.8600% 4.8600 %. 2- Apr -041
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1 TOTAL AND AVERAGES $2,514,235.101 4.0312 %1
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City of Alameda • California
August 25, 2004
Honorable Mayor and City Council
I have reviewed the City of Alameda's Investment Report for the quarter ending
June 30, 2004 and find that it complies with the Investment Policy established by
my office.
The interest of the Council is always appreciated.
KK:dl
Sincer y,
Kevin Ken - edy
City Trea urer
Finance Department
2263 Santa Clara Avenue, Room 220 Dedicated to Excellence, Committed to Service
Alameda, California 94501 -4477
510.748.4546 • Fax 510.748.4696 • TDD 510.522.7538
L••, Printed on Recycled Paper
CITY OF ALAMEDA
MEMORANDUM
Date: August 25, 2004
To: Honorable Mayor and
Councilmembers
From: James M. Flint
City Manager
Re: Recommendation to Accept the Annual Investment Report for the Period June
2002- June 2004
BACKGROUND
In June 2002, the City Council authorized staff to contract with PFM Asset Management
and Chandler Asset Management, Inc. for investment portfolio management.
DISCUSSION
This report covers the first 2 years of the City's managed portfolio. The overall return for
the managed composite portfolio for the 2 -year period was 2.69 %. This compares
favorably to the Merrill Lynch benchmark earnings of 2.29 %, a difference of 0.40 %.
Several goals were achieved during this reporting period.
1. We increased diversification.
> Added U. S. Treasury notes and Mortgage Backed Securities
➢ Reduced the allocation of callable Federal agency and corporate
holdings
2. We improved credit quality.
> 87% are rated AAA
> Reduced allocation to low grade corporate notes
3. Focused the portfolio in the 1 -3 year area, which has the greatest value of the yield
curve.
Dedicated to Excellence, Committed to Service
Report #4 -C CC
9 -7 -04
Honorable Mayor August 25, 2004
and Councilmembers Page 2
The City's aggregate managed portfolio has out - performed an industry benchmark by
0.40% basis point.
City of Alameda 2.69%
Merrill Lynch 2.29%
Difference - .40%
FINANCIAL IMPACT
The value added by having outside investment managers is the ability to evaluate and
focus on those maturities and sectors we believe offer the best relative value. The
managed portfolio earned .40% more than the benchmark.
RECOMMENDATION
This report is provided for informational purposes only.
Respectfully submitted,
JAB:di
G: \FINANCE \COUNCIL \090704 \PFMInvestAnnual.doc
Ile -Ann :.yer
hief Financial Officer
Dedicated to Excellence, Committed to Service
Fiscal Year 2003 -2004
City of Alameda
Portfolio Review
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City of Alameda • California
August 25, 2004
Honorable Mayor and City Council
have reviewed the City of Alameda's Annual Investment Report for the fiscal year
ending June 30, 2004 and find that it complies with the Investment Policy
established by my office.
The interest of the Council is always appreciated.
KK:dI
Sincerely,
Kevin K nedy
City Tr : surer
Finance Department
2263 Santa Clara Avenue, Room 220 Dedicated to Excellence, Committed to Service
Alameda, California 94501 -4477
510.748.4546 • Fax 510.748.4696 • TDD 510.522.7538
*Printed on Recycled Paper
CITY OF ALAMEDA
MEMORANDUM
DATE: August 30, 2004
TO: Honorable Mayor and
Council Members
FROM: James M. Flint
City Manager
RE: Quarterly Financial Report for Period Ending June 30, 2004 (Year -End)
BACKGROUND
This is the unaudited year -end financial report for the fiscal year 2003 -04 for all City
funds. The City's financial records will be audited by Maze and Associates. Final
fieldwork by the auditors is scheduled for October 2004. The final audit report for the
period ending June 30, 2004 is scheduled to be issued to the Council no later than
December 7, 2004.
DISCUSSION /ANALYSIS
Enclosed are Exhibits A -E detailing, by fund category, the profile of the 2003 -04
expenditures and revenues. Combined expenditures (all funds including Alameda
Power & Telecom and Alameda Housing Authority) for 2003 -04 totaled $317,058,924.
Estimated combined revenues totaled approximately $343,431,075.
General Fund Expenditures:
General Fund expenditures, including transfers to other funds totaled $62.879,344,
while actual revenues were $61,866,789. Actual revenues collected were 0.53% less
than our revised mid -year projections of $62,197,709.
The detail of the revenues and expenditures by category are as follows:
Dedicated to Excellence, Committed to Service Report #4 -D CC
9 -7 -04
2003/04
Estimated
6/30/04
Actual
Variance
Amount
Variance
%
Revenue
62,197,709
61,866,789
(330,920)
-0.53%
Expenditure
64,345,656
62,879,344
1,466,312
2.28%
Balance
(2,147,947)
(1,012,555)
1,135,392
- 52.86%
The detail of the revenues and expenditures by category are as follows:
Dedicated to Excellence, Committed to Service Report #4 -D CC
9 -7 -04
Honorable Mayor and
Councilmembers
August 30, 2004
Page 2
GENERAL FUND REVENUES 2003 -04
Revised Actual $
Categories Estimated 2003 -04 Variance Variance
Property Taxes
Other Local Taxes
Licenses and Permits
Use of Money & Property
Fines & Forfeitures
Revenues from other agencies
Current Services
Contributions from other Funds
Grand Total
$ 15,652,023
$15,652,023
$ -
0.00%
24,707,441
24,198,483
508,958
97.94%
2,605,900
2,871,287
(265,387)
110.18%
1,168,943
912,242
256,701
78.04%
700,000
699,835
165
99.98%
4,406,842
4,455,578
(48,736)
101.11%
6,271,577
6,153,592
117,985
98.12%
6,684,983
6,923,749
(238,766)
103.57%
$ 62,197,709
$61,866,789
$ 330,920
99.47%
General Fund Appropriations 2003 -04
Revised
Departments Appropriations Actual Variance %
General Government
6,633,684
6,064,031
569,653
91.41%
Public Safety
39,560,379
40,352,629
(792,250)
102.00%
Planning & Building
3,131,232
2,979,199
152,033
95.14%
Public Works
7,095,731
6,192,657
903,074
87.27%
Parks & Recreation
3,970,920
3,721,627
249,293
93.72%
Capital outlay
59,395
44,539
14,856
74.99%
Debt Service
870,000
930,000
(60,000)
106.90%
Transfers Out
3,024,315
2,594,662
429,653
85.79%
Grant Total
64,345,656
62,879,344
1,466,312
97.72%
On June 30, 2004 the City posted an undesignated fund balance of $15,080,633, which
is 29.4% of operating expenses of $59.3 million. It should be noted, that a portion of
this amount (approximately $5.9 million) is loaned to other departments.
General Fund Revenues:
General Fund Revnues Actual Actual Percent Actual
Categories 2003 -04 2002 -03 Change 2001 -02
Percent
Change
0.33%
Property Taxes
$ 15,652,023
14,793,277
5.80%
14,744,514
Other Local Taxes
$ 24,198,483
22,833,267
5.98%
22,145,797
3.10%
Licenses and Permits
$ 2,871,287
2,458,386
16.80%
2,661,190
-7.62%
Use of Money & Property
$ 912,242
2,366,059
- 61.44%
1,425,122
66.03%
Fines & Forfeitures
$ 699,835
732,588
-4.47%
694,792
5.44%
Revenues from other agencies
$ 4,455,578
5,235,234
- 14.89%
6,066,237
- 13.70%
Current Services
$ 6,153,592
6,144,901
0.14%
5,530,923
11.10%
Contributions from other Funds
$ 6,923,749
4,765,898
45.28%
3,726,626
27.89%
Grand Total
$ 61,866,789
59,329,610
4.28%
56,995,201
4.10%
Dedicated to Excellence, Committed to Service
Honorable Mayor and August 30, 2004
Councilmembers Page 3
The City of Alameda derives a significant portion of its General Fund revenues from an
economically sensitive mix of revenues. Some of the more economically sensitive
revenues include property taxes, sales taxes, utility users tax, construction related
permit fees and property transfer taxes.
Our General Fund revenues increased by 4.28% over the prior year primarily in licenses
and permits, contributions from other funds, and other local taxes.
Property tax revenues increased by 5.8 %, which supports the fact that Alameda
continues to be a desirable place in which to live and do business. Other local taxes
increased by 5.98 %, which were in the franchise fees, transfer taxes and in lieu taxes.
Sales tax revenues increased 2% from the prior year. Utility users tax revenues were
6% greater than the prior year.
The 16.8% increase in licenses and permits as compared to the prior fiscal year is due
to increases in the following revenue sources: permit tracking fees ($45,000) and
building, electric & plumbing permits ($311,000).
The decrease of 61% over the prior year in use of money and property is partly a result
of the implementation of GASB 31, which mandates that gains and losses generated by
fluctuating market values of securities be systematically recognized. Fluctuation or
changes in federal monetary policies, money supply and demand, and the economic
outlook as a whole, drive market values of securities up or down. It is important to note
that market values fluctuate regularly and that these gains and losses are not realized
unless the securities are liquidated. Annually, however, these gains and losses are
netted against investment earnings. The General Fund's share of investment income
for 2004 was $0.8 million compared to $2.3 million in 2003.
The 14.89% decrease in "Revenues from Other Agencies" is primarily from the
decrease in subventions for vehicle in lieu fees and donations and /or one time revenue.
The 45.28% increase in contributions from other funds is primarily due to partial
repayment received from Alameda Point for funds advanced in early years.
General Fund Expenditures:
General Fund expenditures increased by 5.84% over the prior year. A comparison of
General Fund expenditures by major activities is as follows:
Dedicated to Excellence, Committed to Service
Honorable Mayor and
Councilmembers
August 30, 2004
Page 4
General Fund Expenditures
Actual Actual Actual
Department 2003 -04 2002 -03 % 2001 -02 %
General Government
6,064,031
6,221,364
-2.53%
5,271,965
18.01%
Public Safety
40,352,629
37,250,909
8.33%
35,776,814
4.12%
Planning & Building
2,979,199
2,917,428
2.12%
2,497,768
16.80%
Public Works
6,192,657
6,208,408
-0.25%
4,923,276
26.10%
Parks & Recreation
3,721,627
3,702,565
0.51%
3,554,178
4.18%
Capital outlay
44,539
159,028
- 71.99%
157,108
1.22%
Debt Service
930,000
525,000
77.14%
930,000
- 43.55%
Transfers Out
2,594,662
2,427,807
6.87%
2,009,819
20.80%
Grand Total
62,879,344 59,412,509 5.84% 55,120,928 7.79%
The increase over the prior year is a result of benefit increases primarily in the PERS
contributions. The employer miscellaneous rate went from 0.877% to 3.569% while the
public safety rate went from 20.375% to 24.705 %. Combined, these rate increases
added approximately $2.67 million to the 2003/04 expenditures. Average wage
increases in 2003 -04 were 4 %, which added approximately $1.01 million to the 2003 -04
expenditures.
As noted on page 1, general fund expenditures were less than appropriations by 2.3%
or $1,466,312.
Public safety appropriations were exceeded by $792,254. This overage was offset from
savings in the remaining general fund departments.
In the Police Department, the deficit of $351,426 (1.6 %) was partially due to vacation,
holiday payouts and injury leave payments.
The Fire Department overspent its budget by $585,730 (3.3 %). $1,031,178 was spent in
overtime compensation for department personnel with $445,448 in savings offsetting
this over expenditure.
Reserves:
For the year ended June 30, 2004, $(1,012,555) will be used from General Fund
reserves.
As noted previously, many of the City of Alameda's primary revenue sources are
economically sensitive. Therefore, the stated goal of a 25% reserve for economic
uncertainties is based on a fundamental understanding that the General Fund is highly
vulnerable to economic fluctuations, therefore we must have sufficient reserves to meet
these uncertainties.
Dedicated to Excellence, Committed to Service
Honorable Mayor and August 30, 2004
Councilmembers Page 5
The City of Alameda, consistent with the requirements of the Governmental Accounting
Standards Board, has established a number of required reserves in its various funds,
i.e. Risk Management Fund (formerly referred to as General Liability), Unemployment
Insurance Fund and reserves for compensated leave. The reserves reflected in the
Risk Management are for reported and incurred claims.
Other City Funds:
A brief discussion of the activities of the Special Revenue Funds can be found on the
attached Exhibit A titled "Special Revenue Funds ". The corresponding financial
information for all Special Revenue Funds is contained in Exhibits C and D.
BUDGET /FINANCIAL IMPACT
The attached exhibits outline the budget to actual comparison for revenues and
expenditures for all City funds. In addition, a "Summary Analysis of Funds" is attached
herein as Exhibit E. It is important to note that these are unaudited results for the 2003-
04 fiscal year.
RECOMMENDATION
The City Manager recommends that the City Council accept the yearend unaudited
report for year ending June 30, 2004.
Respectfully submitted,
le -Ann Barer
ief Financial Officer
Attachments: Exhibit A — Special Revenue Funds Description (pages 6 -13)
Exhibit B — Actual Expenditures Profile - All Funds (pages 14 -16)
Exhibit C — Revenue Summary — All Funds (pages 17 -39)
Exhibit D — Expenditure Summary — All Funds (pages 40 -44)
Exhibit E — Summary Analysis of Funds (pages 45 -47)
JB /dl
G: \FINANCE \COUNCIL \090704 \QTR YEAR END 04.doc
Dedicated to Excellence, Committed to Service
EXHIBIT A
SPECIAL REVENUE FUNDS DISCRIPTIONS
(Refer to Exhibit C & D for Special Funds Revenue & Expenditure Details)
AB 434 - Vehicle Registration Surcharge:
This fund accounts for the City's share of the surcharge imposed on all vehicles registered
with the Department of Motor Vehicles. The funds are used to help fund the City's TSM
project, and the bus stop information board designed to improve commuters' utilization of
public transit systems. There was a balance of $37,086 at June 30, 2004.
Affordable Housing Fund:
This fund accounts for the affordable housing fees paid by developers and funds received
and earmarked for the provision of Affordable Housing. The purpose of the impact fees is
to increase and improve the City's supply of low and moderate income housing inventory.
The fund had a balance of $166,413 at June 30, 2004.
Alameda Reuse and Redevelopment Authority Special Revenue Fund:
This fund accounts for the lease and rental activities, as well as the general operations
associated with the reuse of the Alameda Naval Base. The fund balance at June 30, 2004
is $4,414,154
Athletic Trust:
These funds represent payments made by the various participants of the City's recreation
fee programs. Fees and . charges collected amounted to $1,341,387 and expenditures for
numerous fee programs amounted to $1,271,226. The fund balance at June 30, 2004 was
$361,891.
Capital Improvement Funds:
These funds represent monies received from federal and state grants for the various capital
projects, bond proceeds for the city hall renovation project, as well as transfers from other
City funds, i.e. Gas Tax, Transportation Improvement Funds. The fund balance at June 30,
2004 was $11,802,183.
CHRPO /Lead:
This fund accounts for funds received from the State of California Department of Housing
and Community Development for housing rehabilitation program. The fund balance at June
30, 2004 is $25,128.
6
Exhibit A (cont.)
Citywide Development Impact Fees:
This fee was established to fund capital improvement and replacement needs in City parks,
recreation and other public buildings, traffic and other infrastructure facilities supported by
tax resources. The fee is collected with building permits and is allocated geographically
and by use. Revenues totaled $337,556. Expenditures totaled $7,345. The fund balance
is $1,100,125 as of June 30, 2004.
Commercial Revitalization:
Revenues totaling $297,012 were added to the Fund. Rental income of $154,395 and
developers' contributions of $119,396 were the largest revenue items. Expenditures of
$106,193 left a balance of $604,299 at June 30, 2004.
Construction Improvement Fund:
The Construction Improvement Fund was established to set aside monies for major capital
improvement projects not provided for in the other special funds, i.e., fire building upgrade
and maintenance. Revenues totaled $538,476 and expenditures totaled $1,689. This fund
had a balance of $465,476 at June 30, 2004.
Community Development Block Grants:
Funds represent drawdowns of federal grant monies in connection with our approved
Community Development Block Grant program. Funds are paid on a reimbursement basis.
This fund carries a zero balance.
County Measure B:
The Measure B Fund accounts for our pro -rata share of the one -half sales tax, which was
approved by the Alameda County voters in November 1986. Project expenditures
amounted to $43,916 and revenues totaled $9,128. As of June 30, 2004, the fund had a
balance of $1,617,296. This tax collection expired on March 31, 2002. There was minimal
funding of projects in the 2003 -04 fiscal year.
Measure B 2000:
The Measure B 2000 accounts for the City's pro -rata share of the one -half sales tax
approved by the Alameda County voters in November 2000. Funds to be collected in
duration of 20 years. This fund is further sub - divided into the following five categories with
restrictive uses:
• Local Streets and Road Fund balance as of June 30, 2004 $1,164,849
• Bicycle and Pedestrian Safety Fund balance as of June 30, 2004 $ 161,501
• Mass Transit (Alameda Ferry) Fund balance as of June 30, 2004 $ 288,945
7
Exhibit A (cont.)
• Paratransit Fund balance as of June 30, 2004 $ 167,973
• Capital Project Construction (no fund balance)
Dike Maintenance:
This fund accounts for the funds received from the Bay Farm Island Reclamation District for
the continued maintenance and operation of the various dikes on the Bay Farm Island. The
funds are pooled with other city funds for investment purposes and receive its pro -rata
share of interest income. The fund had a balance of $312,797 at June 30, 2004.
Dwelling Unit Tax Fund:
In 2003 -04 $98,165 was received in the Dwelling Unit Tax Fund. The fund retains 5 /6th of
the fees paid by developers for new construction. Of the fees paid, 1 /6th is allocated to the
Library Construction Fund as per the legislation establishing the Dwelling Unit Tax. Other
projects funded included park building upgrades and park pathways. Expenditures
amounted to $22,003. There was a balance of $47,686 at June 30, 2004.
Equipment Replacement Fund:
This fund accounts for charges to the departments for equipment usage in the amount of
$1,322,479 for 2003 -04 as well as the acquisition of equipment replacement in the amount
of $676,076. The fund had a balance of $2,040,721 at June 30, 2004.
Ferry Services Fund:
The Ferry Services Fund is an enterprise fund that captures revenues and expenditures
relating to the provision of ferry services. Receipts were $3,212,588 and expenditures
were $3,439,356 at June 30, 2004. The fund balance at June 30, 2004 was $10,967,738.
FISC Lease Revenue Fund:
This fund accounts for revenue from the Fleet Industrial Supply Center (FISC) lease and
related capital improvement expenditure. The fund had a deficit balance of ($5,324,936)
at June 30, 2004.
Garbage Surcharge:
These funds represent the surcharge for residential and commercial accounts to fund the
discounts given to seniors and low- income families within the City of Alameda as well as for
closure and monitoring costs for the former Alameda dumpsite. Revenues amounted to
$175,000 and expenditures amounted to $138,471. The fund balance at June 30, 2004 was
$430,791.
8
Exhibit A (cont.)
Gas Tax Funds:
The Gas Tax Fund accounts for revenues and expenditures received from the State of
California under the Street and Highways Code Sections 2105, 2106, 2107 and 2107.5.
These allocations must be spent for street maintenance, street construction projects,
transportation projects and a limited amount for engineering. Revenues amounted to
$1,399,948 and expenditures amounted to $1,478,102. The fund balance at June 30, 2004
was $0.0.
Golf Enterprise Funds:
The Golf Enterprise Fund accounts for all financial transactions relating to all City of
Alameda golf facilities, including but not limited to operations and maintenance. Golf
Enterprise Fund receipts totaled $4,879,682 and expenditures totaled $4,884,817. The fund
balance at June 30, 2004 was $8,315,355.
Library Construction Funds:
The major revenue source for this fund comes from rental income from the Linoaks Motel.
Revenues amounted to $74,111 and expenditures amounted to $61,678. The State has
approved a grant in the amount of $15,487,952 to fund 65% of the construction for the new
Main Library. The City's match includes the cost of the parcel the City had acquired for this
purpose.
Library Operations Fund:
Revenues are from the library tax of 1.75 cents. General Fund transfers and other
miscellaneous income for library operations totaled $2,680,565 and expenditures amounted
to $2,680,565 leaving a fund balance of $0 at June 30, 2004.
Low and Moderate Income Housing (APIP):
These funds represent the 20% housing set aside from the tax increment funds and the
affordable house in -lieu fee generated from the project area. The fund balance at June 30,
2004, was $206,520.
Low and Moderate Income Housing (BWIP):
These funds represent the 20% housing set aside from the tax increment funds and the
affordable housing in -lieu fee generated from the Business and Waterfront Improvement
Project. The fund balance at June 30, 2004 was a deficit of (10,209).
9
Exhibit A (cont.)
Low and Moderate Income Housing (WECIP):
These funds represent the 20% housing set aside from the tax increment funds generated
from the West End Redevelopment Project. Funds are used to retire the revenue bonds
issued in 1992, which refunded the Tax Allocation Bonds issued in 1985 and for the
support of the Independence Plaza Senior Housing Project. The fund balance at June 30,
2004 was $1,041,570.
Narcotics Asset Seizures:
The Narcotics Asset Seizure Fund accounts for revenues derived in connection with the
police asset seizure program, i.e. sale of confiscated assets from convicted felons. The
funds are earmarked to retire the debt for the jail construction project. The fund balance
was a deficit of ($60,554) at June 30, 2004.
Open Space Improvement Fund:
Capital Improvement fund for recreation and open space facilities. Revenues were
$1,047,471 from the sale of public property. The fund balance at June 30, 2004 was
$998,416.
Parking In -Lieu Fund:
This fund accounts for receipts and expenditures of funds from the City's In Lieu Parking
fee charges against certain properties. Collections may be expended only for the purpose
of providing parking projects. The fund balance as of June 30, 2004 was $70,823.
Parking Meter Fund:
Revenues collected from City Parking Meters amounted to $523,511. Expenditures totaled
$474,637. The revenues were mainly generated from Park Street, Webster Street, and City
Parking Lots. The fund balance was $2,251,853.
Pension Fund 1079:
These funds represent the General Fund contributions and interest earned on pension fund
assets. Expenditures represent payments to the retirees and bank trustee fees. The
General Fund contributed $3,386,929 toward fund expenditures for approximately 75
retirees and /or qualified beneficiaries. There are no contributing members to the fund.
Therefore, the costs are borne 100% by the general fund.
Pension Fund 1082:
These funds represent the General Fund contributions and earnings on residual pension
fund assets. It is important to note that with the exception of two retirees, all active safety
10
Exhibit A (cont.)
employees and Pension Plan 1082 retirees are now covered by PERS. Consequently, all
assets associated with prior service costs, as well as employee contributions, have all been
transferred to PERS. Residual funds were used to fund health benefits of Plan 1082
retirees and their qualified dependents as well as to pay the benefits for the two remaining
retirees. In 2004 the General Fund contributed $1,168,165 toward fund expenditures of
$1,158,043. There are no contributions due from employees for post retirement benefits.
Therefore, 100% of the costs are borne by the general fund.
Public Art Fund:
The purchase and placement of Public Art in new commercial, industrial, residential and
municipally constructed areas is supported by developer contributions. The fund balance
at June 30, 2004 was $10,844.
Police /Fire Impact Fees:
These funds represent the AB 1600 fees collected for police and fire impacts of new
construction. The fee revenues amounted to $46,320 and the expenditures amounted to
$35,039. The fund had a balance of $5,499 as of June 30, 2004.
Redevelopment - West End Community Improvement Project:
This fund receives the incremental property taxes from the West End Community Project
area. Funds are then distributed as follows: 66% in rebates to property owners pursuant to
the Owner Participation Agreement, 20% Low and Moderate Income
Housing Funds. The remaining 4% is retained by the fund to finance annual operating
costs. This fund has a balance of $1,976,106 at June 30, 2004.
Redevelopment - Business and Waterfront Community Improvement Project:
This fund receives the incremental property taxes from the Business and Waterfront
Community Improvement Project Area. Funds are distributed as follows: 20% Low and
Moderate Income Housing Funds, 25% passed through to taxing agencies pursuant to the
pass through agreements, and 55% for operations and projects. It has a fund balance of
$1,049,831 as of June 30, 2004.
Redevelopment - Alameda Point Improvement Project:
This fund receives the incremental property taxes from Alameda Point Community
Improvement Project. The fund balance at June 30, 2004 was a deficit of ($1,425,975).
11
Exhibit A (cont.)
Rehabilitation Repayment Fund:
These funds of $468,910 represent payments received in connection with low interest and
subsidized loan programs made via the Community Development Block Grant funds.
Expenditures totaled $523,600. The fund had a balance of $912,317 on June 30, 2004. •
Risk Management:
The Risk Management Fund receives transfers from the General Fund, Enterprise and
Special Revenue Funds to fund the costs associated with the City's risk management
program, i.e., payroll costs for risk manager and support staff, insurance premiums, claims
management and claims settlements. The fund balance totaled $1,675,730 at June 30,
2004.
Senior Citizens Transportation Assistance Fund:
These funds are for our seniors' transportation programs, which provide door -to -door
transportation for the frail, elderly and /or disabled individuals. County grant funds of
$29,866 are from grant monies administered by the Metropolitan Transportation
Commission. Fund expenditures totaled $32,374. The fund had a balance of $26,022 on
June 30, 2004.
Sewer Enterprise Funds:
The Sewer Enterprise Fund accounts for all financial transactions relating to the municipal
sewer operations including maintenance, financing and related debt service, billing and
collections. The revenues totaled $5,002,856 and expenditures totaled $4,085,713.
Tidelands Trust:
The Tidelands Trust Fund accounts for revenues from tidelands property leases. Revenues
from leases totaled $303,669. Leases are for State tidelands properties the management
of which have been delegated to local agencies. Funds are used to finance projects on
tidelands properties, as well as for the maintenance of the sites, i.e. South Shore sand
replacement and Bayview Bird Sanctuary. Expenditures totaled $85,858. The fund balance
on June 30, 2004 was $741,453.
Traffic Safety Funds:
The Traffic Safety Fund receipts are from moving violation citations issued by the Alameda
Police Department. Cities share with the county all fines collected upon conviction of a
misdemeanor or on infraction in any municipal or judicial court. Revenues totaled $197,252
and expenditures totaled $576,668. The fund balance was $0.0 on June 30, 2004.
12
Exhibit A (cont.)
Unemployment:
These funds represent amounts assessed to various City departments for unemployment
claims reimbursed by the City to the State Unemployment Fund for claims arising out of
former City employees' unemployment benefits payments. $57,673 was paid in
unemployment benefits in 2003 -04. The fund had a balance of $42,708 on June 30, 2004.
Urban Runoff:
This fund accounts for the Storm Water Utility Fee collected with the property taxes and to
fund program costs designed to comply with the federal requirements for the Clean Water
Act. Revenues totaled $2,282,376 and expenses to operate programs were $1,431,649.
The fund had a balance of $2,916,471 on June 30, 2004.
Waste Management Recycling:
This fund accounts for the surcharge imposed on garbage to fund the City's recycling
programs. These funds are earmarked for special programs that will be needed to meet
the requirements of disposal diversion from 50% in 2000 to the 75% requirement by 2005.
Revenues totaled $1,328,530 and expenditures totaled $716,504. The fund had a balance
of $3,813,326 on June 30, 2004.
Workers' Compensation:
The Workers' Compensation Trust receives the assessments from the various city
departments to fund our self- insured workers' compensation program. Program expenses
and claims totaled $3,096,898. The fund had a deficit balance of ($5,197,265) on June 30,
2004.
13
BUDGET PROFILE - 2003 -04
General Fund
Enterprise Fund
Special Revenue Fund
Alameda Power & Telecom $ 48,448,545
Ferry Services 3,439,357
Golf 4,884,817
Sewer Enterprise 4,085,713
Abandoned Vehicle Program $ 148,456
AB 434 - Vehicle Registraton 306
Affordable Housing Fund 116,443
Asset Seizure Funds 3,000
Athletic Trust Fund 1,271,226
CDBG 2,128,897
CHRO /Lead 100,413
CDF Fund 7,346
Commercial Revitalization 106,193
Curbside Recycling 9,757
Dike Maintenance Fund 2,579
Dwelling Unit Tax 22,003
Equipment Acquisition 182,462
Equipment Replacement Fund 676,076
Fisc Lease Revenue Fund 7,273,927
Garbage Surcharge 138,471
Gas Tax 1,478,102
Home Funds 649,258
Housing Developments 1,223
Housing Authority 27,290,004
Human Services (SSHRB) 155,996
Library 2,680,565
Low and Moderate Income Housing:
WECIP 743,010
BWIP 631,493
API P 48,633
Marina Village AD 3,915
Measure B 1,851,433
Open Space Improvement 49,055
Parking In Lieu 394
Parking Meter Fund 474,637
Public Art 28
Rehabilitation Repayment 523,600
Redevelopment:
BWIP 9,997,262
WECIP 4,188,575
API P 626,618
Senior Citizens Transportation 32,374
Tidelands Trust 85,858
Transportation Fund 180,814
Traffic Safety Fund 576,668
TSM 8
14
EXHIBIT B
$62,879,344 20.87%
$60,858,432 20.20%
BUDGET PROFILE - 2003 -04
Debt Service Funds
Capital Projects Funds
Fiduciary Funds
Internal Service Funds
Total All Funds
Waste Management/Recycling 716,504
Alameda Point Bond Project Fund 1,536,007
Capital Improvement Fund 8,968,993
CFD #1 1,478,339
CFD #2 216,502
Construction Improvement Fund 1,689
Herber Isle Assessmetn District 1,613,571
Island City Maintenance District 1,154,816
Library Construction Fund 61,678
Police /Fire Impact Fees 35,039
Transportation Improvement Fund 745,982
Urban Runoff 1,431,649
Alameda Reuse & Redevelopment 13,640,345
Pension Plan #1079 3,386,929
Pension Plan #1082 1,158,043
West Lagoon Homeowners Assoc 0
Dental Trust 843,910
Central Garage 267,238
Central Stores 595,373
Housing Authority Reimbursables
Risk Management 1,759,456
Technology Service Fund 652,591
Unemployment 57,673
Workers Compensation Trust 3,096,898
15
EXHIBIT B
$65,173,581 21.63%
$69,633,575 23.12%
$17,244,267 5.72%
$18,185,318 6.04%
$7,273,139 2.41%
$301,247,655 100.00%
BUDGET PROFILE - 2003 -04
EXHIBIT B
(FUNDS
Percent of Total
Appropriations
General Fund
Enterprise Funds
Special Revenue Funds
Debt Service Funds
Capital Projects Funds
Fiduciary Funds
Internal Service Funds
20.87%
20.20%
21.63%
23.12%
5.72%
6.04%
2.41%
$62,879,344
60,858,432
65,173,581
69,633,575
17,244,267
18,1 85,318
7,273,139
100.00%
$301,247,655
23%
CITY OF ALAMEDA
2003 - 04
6%
2%
22%
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Funds
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• Fiduciary Funds
• Internal Service Funds
16
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2610 Information Technology
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GENERAL GOVT SUB TOTAL:
Public Safety
Police Services
O
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0
EA
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APPROPRIATIONS
GENERAL FUND
ment Services
0
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PLAN /BUILDING SUB TOTAL:
Public Works
0 0 0 0
0 CO (0 V 0 .
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Recreation Services
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0
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EXHIBIT D
APPROPR
GENERAL FUND
Non - Departmental
o
o a 0 0
o o O
o n o 0 0
O W O O O
O O O
o () 0 0
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W
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CO N 0) 0 0
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0-
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(O
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69
CO
n
co
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1-
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V1
O
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0
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Sub -total - Non - Departmental
Transfers out:
O 0 0 0 0 0 *1
000(0003N-
0 0 0(0 0 w n I 0 N
0)00(00(0(1 N h
O 0 0— 0 N I N
co O O) c0 O) 0) 0)
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6
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Sub -total - Transfers Out
(O
CD
0)
CO
(0
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CO
CO
M
N
0,
0
O
TOTAL - GENERAL FUND
ELAPSED TIME: 75%
ORIGINAL EXHIBIT D
APPROPRIATIONS Fourth Qtr Adjusted EXPENDITURES BALANCE
2003 -04 Adjustments Appropriations 30Jun -04 30Jun -04
SPECIAL FUNDS
93006 ABANDONED VEHICLE PROGRAM
259 AB434 - VEHICLE REGISTRATION
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
340.1 CDF - WE
340.2 CDF - NW
340.31 CDF- CEE
340.41 CDF- BF
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
$61,635 $63,780 $125,415 $148,456
$0 0 $306
403,454 593,927 116,443
O 515,800 1,536,007
21,930,007 21,391,927 13,640,345
100,000 32,231 3,000
924,007 954,007 1,271,226
146,592 146,592 100,413
25,850,499 . 75,020 25,743,837 8,968,993
O 0 4,042
O 0 2,638
O 0 216
O 0 449
150,000 150,000 267,238
700,000 700,000 595,373
O 0 1,616
191,604 214,945 106,193
4,114,133 369,019 4,489,854 2,128,897
25,966 25,966 1,689
1,947,034 1,947,034 9,757
15,809,249
O 288,905 1,754,924 (1,466,019)
237,960 237,960 239,715 (1,755)
251,700 727,557 726,240 1,317
448,960 448,960 469,093 (20,133)
419 Debt Service - Library and Golf Project 373,893 373,893 379,130 (5,237)
421 Debt Service - Library BD 2003 0 167,227 577,105 (409,878)
458 Assess Dist 84 -3A 332,000 332,000 335,731 (3,731)
460 Assiss Dist 84-3B 3,512,410 210,000 101,645 108,355
461 Debt CIC Tax Allo Bd 1,026,266 1,346,555 1,346,558 (3)
462 Debt CIC Sub Bond 338,527 338,527 504,864 (166,337)
463 CFD #4 Tax Bond 0 0 831,760 (831,760)
464 Refinance Cityhall 0 0 835,140 (835,140)
465 2003 Tax Allocation Refi - BWIP 0 0 18,699,796 (18,699,796)
466 2003 CIC Tax Allocation Bond 0 0 2,829,189 (2,829,189)
468 2003 AP Revenue Bond Debt 0 0 9,272,003 (9,272,003)
832 Assess Dist 89 -1 0 0 3,525,849 (3,525,849)
833 Debt Svc for 313/92 -1 0 0 259 (259)
835 1998 Revenue Bond Debt 2,816,729 2,816,729 4,233,540 (1,416,811)
836 1999 Revenue Bond Debt 3,645,633 3,645,633 5,777,490 (2,131,857)
857 Alameda Point Bond 1,164,606 1,164,606 11,371,796 (10,207,190)
860 ASSESS DIST CFD #1 1,470,000 1,470,000 1,478,339 (8,339)
861 ASSESS DIST CDF #2 PARAGON 181,220 181,220 214,886 (33,666)
204.4 CIC -BWIP HSG 2002 Bd Project 0 1,655,822 1,482,626 173,196
201.11 CIC 2003A1 TAX ALLOCATION 0 0 71,676 (71,676)
201.13 CIC 2003A2 TAX ALLOCATION 0 0 1,948,296 (1,948,296)
201.15 CIC 2003B TAX ALLOCATION 0 0 2,200,000 (2,200,000)
713 DENTAL TRUST 350,000 350,000 843,910 (493,910)
876 DIKE MAINTENANCE 0 0 2,579 (2,579)
221 DWELLING UNIT TAX FUND 196,000 223,966 22,003 201,963
298 EQUIPMENT ACQUISITION FUND 96,300 96,300 182,462 (86,162)
119 EQUIPMENT REPLACEMENT FUND 684,505 2,000 702,260 676,076 26,184
621 FERRY SERVICES 0 0 421,074 (421,074)
621.1 EASTEND FERRY 1,419,408 1,454,408 1,054,067 400,340
621.2 WESTEND FERRY 2,288,169 2,288,169 1,964,215 323,954
256 FISC LEASE REVENUE FUND 3,061,721 3,061,721 2,896,482 165,239
256.1 FISC - CATELLUS 0 0 4,377,445 (4,377,445)
270 GARBAGE SURCHARGE (GAS MONITORING 265,661 265,661 138,471 127,190
211 GAS TAX FUND 1,460,502 1,460,502 1,478,102 (17,601)
601 GOLF ENTERPRISE FUND 12,556,581 12,556,581 4,884,817 7,671,764
313 HBIAASSESSMENTDIST92 -1 0 0 1,613,571 (1,613,571)
248 HOME REPAYMENT FUND 0 0 143,524 (143,524)
235 HOME Fund 1,447,706 1,791,646 505,734 1,285,912
115 HOUSING AUTHORITY REIMBURSABLE FUNI 500,000 2,000,000 0 2,000,000
265 HOUSING DEVELOPMENT 20,000 20,000 1,223 18,777
204.5 HOUSING IN LIEU 267,000 352,731 119,150 233,581
267 HUMAN SERVICES /SSHRB/YOUTH COLLAB. 611,212 627,892 155,996 471,896
275 ISLAND CITY MAINTENANCE DISTRICTS: 0
275.1 84-2 Zone 1 5,520 5,520 2,597 2,923
275.2 84 -2 Zone 2 21,382 21,382 9,036 12,346
275.3 84 -2 Zone 3 29,237 29,237 9,047 20,190
275.4 84 -2 Zone 4 71,090 71,090 62,746 8,344
275.5 84-2 Zone 5 645,261 645,261 715,567 (70,306)
275.6 84 -2 Zone 6 293,500 293,500 324,359 (30,859)
275.7 84- 2Zone7 11,210 11,210 31,463 (20,253)
210 LIBRARY FUND 2,717,054 25,000 2,742,054 2,680,565 61,489
($23,041)
($306)
477,484
(1,020,207)
7,751,582
29,231
(317,219)
46,179
16,774,844
(4,042)
(2,638)
(216)
(449)
(117,238)
104,627
(1,616)
108,752
2,360,957
24,277
1,937,277
43
ELAPSED TIME: 75%
ORIGINAL EXHIBIT D
APPROPRIATIONS Fourth Qtr Adjusted EXPENDITURES BALANCE
2003 -04 Adjustments Appropriations 30- Jun -04 30- Jun -04
SPECIAL FUNDS
317 LIBRARY CONSTRUCTION FUND
202 LOW AND MOD INC HOUSING (WECIP)
204 LOW AND MOD INC HOUSING (BWIP)
206 LOW AND MOD INC HOUSING (APIP)
276 MARINA COVE MAINT DT 01 -1
312 MARINA DISTRICT A.D.89 -1
215 MEASURE B FUND
215.1 MEASURE B FUND Local St & Rd
215.2 MEASURE B BICYCLE PED IMP
215.3 MEASURE B TRANSBAY FERRY
215.4 MEASURE B PARA TRANSIT
318 OPEN SPACE IMPROVEMENT
223 PARKING IN LIEU
224 PARKING METER FUND
801 PENSION FUND - 1079
802 PENSION FUND - 1082
161 POLICE /FIRE IMPACT FEES
285 PUBLIC ART FUND
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
225 TSM
715 UNEMPLOYMENT
351 URBAN RUNOFF
274 WASTE MANAGEMENT /RECYCLING
711 WORKERS COMPENSATION TRUST
Total Special Funds
O 0 61,678 (61,678)
1,182,098 1,182,098 743,010 439,088
1,598,282 831,819 631,493 200,326
94,703 94,703 48,633 46,070
O 0 3,174 (3,174)
O 0 741 (741)
300,356 188,215 43,916 144,299
2,413,116 30,000 1,904,660 944,144 960,516
277,305 220,000 84,141 135,859
713,470 100,000 813,470 713,470 100,000
237,264 237,264 65,762 171,502
O 44,493 49,055 (4,562)
O 0 394 (394)
1,678,968 1,678,968 474,637 1,204,332
3,790,000 3,790,000 3,386,929 403,071
460,000 610,000 1,158,043 (548,043)
35,000 24,219 35,039 (10,820)
O 0 28 (28)
10,150,855 10,420,855 9,997,262 423,593
4,093,735 4,093,735 4,188,575 (94,840)
709,726 709,726 626,618 83,108
1,142,194 264,799 1,413,695 523,600 890,095
1,864,277 2,014,277 1,759,456 254,821
2,778,310 42,516 2,820,826 4,085,713 (1,264,887)
38,850 38,850 32,374 6,476
556,500 606,500 652,591 (46,091)
171,309 171,309 85,858 85,451
150,000 454,416 576,668 (122,252)
O 185,000 180,814 4,186
2,294,533 100,000 2,429,532 745,982 1,683,550
O 0 8 (8)
31,000 31,000 57,673 (26,673)
2,188,652 2,193,652 1,431,649 762,002
789,574 789,574 716,504 73,070
3,294,709 3,435,597 3,096,898 338,699
$161,080,646 $1,072,134 $146,936,673 $162,629,762 ($15,693,089)
GRAND TOTAL - ALL FUNDS $224,028,300
$211,282,329 $225,509,106 ($14,226,777)
SUMMARY ANALYSIS OF FUNDS
001 GENERAL FUND - CURRENT
Earmarked for Operating
119 RESERVED - EQUIPMENT REPLACEMENT
161 POLICE /FIRE IMPACT FEES
164 RESERVED - CAPITAL IMPROVEMENTS
Sub total General Fund
Includes accrued vacation and post retirement health
SPECIAL FUNDS
ACTUAL ACTUAL
BALANCE REVENUES
06/30/03 2003 -04
$16,549,456
1,000,754
1,394,319
(5,781)
(71,310)
$18,867,438 $63,774,062 $63,592,149 $19,049,351
$61,866,788
EXHIBIT E
ACTUAL ACTUAL
EXPENDITURES BALANCE
2003 -04 06/30/04
61,878,590 $16,537,654
1,000,754 0
1,322,479 676,076 2,040,721
46,320 35,039 5,499
538,476 1,689 465,476
259 AB434 - VEHICLE REGISTRATION $37,392 $0 $306 $37,086
310 -93006 ABANDONED VEHICLE PROGRAM 164,496 71,932 148,456 87,972
266 AFFORDABLE HOUSING FUND 253,340 29,516 116,443 166,413
856 ALAMEDA POINT PROJECT BOND FUNDS 1,530,188 5,820 1,536,007 0
ALAMEDA POWER & TELECOM 47,963,294 48,448,545
858 ALAMEDA REUSE & REDEVELOPMENT AUTH. 4,094,844 13,959,655 13,640,345 4,414,154
117 AP & T REIMBURSABLES 0 0 0 0
219 ASSET SEIZURE FUNDS (67,769) 10,215 3,000 (60,554)
280 ATHLETIC TRUST FUND 291,730 1,341,387 1,271,226 361,891
310 CAPITAL IMPROVEMENT FUND 11,400,329 9,370,847 8,968,993 11,802,183
340.11 CDF WE TRAFFIC SAFETY 365,577 148,371 4,042 509,906
340.12 CDF WE PARKS & RECREATION 3,962 83,455 0 87,417
340.13 CDF WE PUBLIC FACILITIES 9,670 15,951 0 25,621
340.14 CDF WE PUBLIC SAFETY 8,324 7,725 0 16,049
340.21 CDF NW TRAFFIC SAFETY 146,384 71,360 2,638 215,106
340.22 CDF NW PARK & RECREATION 124,887 1,488 0 126,375
340.23 CDF NW PUBLIC FACILITIES 22,127 2,882 0 25,009
340.24 CDF NW PUBLIC SAFETY 9,687 2,222 0 11,909
340.31 CDF CEE TRAFFIC SAFETY 16,727 995 216 17,506
340.32 CDF CEE PARKS & RECREATION 5,632 2,502 0 8,134
340.33 CDF CEE PUBLIC FACILITIES 1,346 425 0 1,771
340.34 CDF CEE PARKS & RECREATION 691 180 0 871
340.41 CDF BF TRAFFIC SAFETY 7,434 0 449 6,985
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 25,641 292,761 267,238 51,164
702 CENTRAL STORES 924 600,649 595,373 6,200
268 CHRPO /LEAD 30,541 95,000 100,413 25,128
227 COMMERCIAL REVITALIZATION 413,480 297,012 106,193 604,299
236 COMMUNITY DEVELOPMENT BLOCK GRANT 0 2,128,897 2,128,897 0
360 COMMUNITY FACILITIES DISTRICT #1 HBIA 210 0 0 210
361 COMMUNITY FACILITIES DISTRICT #2 (PARAGON) 454,355 (992) 1,616 451,747
273 CURBSIDE RECYCLING FUND 265,601 1,375 9,757 257,219
DEBT SERVICE FUNDS:
860 CFD #1 2,775,197 1,591,742 1,478,339 2,888,600
861 CFD #2 397,059 229,081 214,886 411,254
461 CIC TAX ALLOC. BD 1,050,410 296,492 1,346,558 344
462 CIC SUB BOND 865,182 163,566 504,864 523,884
463 CFD #4 TAX BOND 648,702 183,058 831,760 (0)
413 Jail Facility 291,672 195,233 239,715 247,189
415 ABAG #20 727,187 370 726,240 1,318
417 Street Improvement Bonds 272,432 196,661 469,093 (0)
418 City Hall Bonds 0 0 0 0
419 Library/Golf Bonds 611,368 373.830 379,130 606,068
421 New Main Library Bonds 163,454 757,807 577,105 344,156
45
EXHIBIT E
ACTUAL ACTUAL ACTUAL ACTUAL
BALANCE REVENUES EXPENDITURES BALANCE
SUMMARY ANALYSIS OF FUNDS 06/30/03 2003 -04 2003 -04 06/30/04
420 Alameda Point Project 0 0 0 0
452 Maitland Drive 0 0 0 0
834 Marina Village 0 0 0 0
458 Assessment Dist 84 -3A 593,196 339,368 335,731 596,833
460 Assessment Dist 84 -3B 213,713 107,722 101,645 219,790
464 Cityhall Refinance 1,405,129 911,165 835,140 1,481,154
465 2003 Tax Alloc Refinance 0 20,884,672 18,699,796 2,184,877
466 2003 CIC Tax Alloc Bond Debt 0 7,007,176 2,829,189 4,177,987
468 2003 AP Rev Bond Debt 0 12,279,768 9,272,003 3,007,765
832 Assessment Dist 89 -1 5,694,125 3,720,085 3,525,849 5,888,361
833 Assessment Dist 92 -1 31,699 0 259 31,440
835 1998 Revenue Bonds 24,810,571 3,007,248 4,233,540 23,584,279
836 1999 Revenue Bonds 29,199,783 3,945,595 5,777,490 27,367,887
328 2003 Revenue Bonds 0 4,942,270 1,754,924 3,187,346
201.11 2003 CIC Tax Alloc 2003A1 0 6,675,964 71,676 6,604,288
201.13 2003 CIC Tax Alloc 2003A2 0 25,772,241 1,948,296 23,823,945
201.15 2003 CIC Tax Alloc 2003B 0 8,037,603 2,200,000 5,837,603
204.4 CIC- BWIP HSG 2002 BOND 0 2,241,295 1,482,626 758,669
204.5 CIC - HOUSING IN -LIEU 298,114 538,061 119,150 717,025
857 Alameda Point Project 1,694,876 9,676,920 11,371,796 0
713 DENTAL TRUST (56,834) 840,199 843,910 (60,545)
876 DIKE MAINTENANCE FUND 315,376 0 2,579 312,797
221 DWELLING UNIT FUND (28,476) 98,165 22,003 47,686
298 EQUIPMENT ACQUISITION 182,462 0 182,462 0
621 FERRY SERVICE FUND 10,484,642 0 421,074 10,063,568
621.1 EASTEND FERRY 29,118 1,086,390 1,054,067 61,441
621.2 WESTEND FERRY 680,747 2,126,198 1,964,215 842,729
256 FISC LEASE REVENUE FUND (684,424) 1,067,683 2,896,482 (2,513,223)
256.1 FISC LEASE REVENUE FUND 236,815 1,328,917 4,377,445 (2,811,713)
270 GARBAGE SURCHARGE 394,262 175,000 138,471 430,791
211 GAS TAX 78,154 1,399,948 1,478,102 0
601 GOLF ENTERPRISE FUND 8,320,490 4,879,682 4,884,817 8,315,355
313 HBIA ASSESSMENT DIST 92 -1 3,051,460 15,123 1,613,571 1,453,012
235 HOME Fund 46,338 459,396 505,734 (0)
248 HOME REPAYMENT FUND 133,302 10,221 143,524 (0)
HOUSING AUTHORITY 25,209,933 27,290,004
115 HOUSING AUTHORITY REIMBURSABLE FUND 0 0 0 0
265 HOUSING DEVELOPMENT 0 386 1,223 (837)
265.1 HA SECTION 8 PROJECT 99,670 2,158 0 101,828
275 ISLAND CITY MAINTENANCE DISTRICTS
275.1 Zone #1 5,235 4,489 2,597 7,127
275.2 Zone #2 52,125 17,379 9,036 60,468
275.3 Zone #3 53,355 16,792 9,047 61,099
275.4 Zone #4 55,669 57,762 62,746 50,685
275.5 Zone #5 4,114 755,337 715,567 43,884
275.6 Zone #6 198,830 304,873 324,359 179,343
275.7 Zone #7 29,315 15,739 31,463 13,592
317 LIBRARY CONSTRUCTION FUND 1,318,689 74,111 61,678 1,331,122
210 LIBRARY OPERATING FUND 0 2,680,565 2,680,565 0
206 LOW AND MODERATE INCOME HOUSING -APIP 174,298 80,855 48,633 206,520
204 LOW AND MODERATE INCOME HOUSING -BWIP 2,266,591 (1,645,307) 631,493 (10,209)
202 LOW AND MODERATE INCOME HOUSING -WECIP 875,568 909,012 743,010 1,041,570
276 MARINA COVE MAINT DT 24,189 70,339 3,174 91,353
312 MARINA VILLAGE - ASSESSMENT DISTRICT 89 -1 2,467,422 21,891 741 2,488,572
215 MEASURE B 1,652,084 9,128 43,916 1,617,296
215.1 MEASURE B LOCAL ST & RD 917,075 1,309,894 944,144 1,282,824
215.2 MEASURE B BICYCLE PED IMP 84,767 176,788 84,141 177,414
215.3 MEASURE B TRANSBAY FERRY 331,667 737,136 713,470 355,332
215.4 MEASURE B PARA TRANSIT 105,817 140,749 65,762 180,804
318 OPEN SPACE IMPROVEMENT 0 1,047,471 49,055 998,416
223 PARKING IN LIEU 46,217 25,000 394 70,823
224 PARKING METER FUND 2,202,978 523,511 474,637 2,251,853
46
EXHIBIT E
ACTUAL ACTUAL ACTUAL ACTUAL
BALANCE REVENUES EXPENDITURES BALANCE
SUMMARY ANALYSIS OF FUNDS 06/30/03 2003 -04 2003 -04 06/30/04
801 PENSION PLAN 1079 0 3,386,929 3,386,929 0
802 PENSION PLAN 1082 (10,122) 1,168,165 1,158,043 (0)
285 PUBLIC ART 0 10,872 28 10,844
203 REDEVELOPMENT - BWIP 1,447,225 9,599,868 9,997,262 1,049,831
203.1 REDEVELOPMENT - BWIP CATELLUS 0 0 0 0
205 REDEVELOPMENT - APIP (1,122,777) 323,419 626,618 (1,425,975)
201 REDEVELOPMENT - WECIP (1,884,067) 8,048,748 4,188,575 1,976,106
249 REHABILITATION REPAYMENT 967,007 468,910 523,600 912,317
712 RISK MANAGEMENT 1,158,875 2,276,311 1,759,456 1,675,730
602 SANITARY SEWER ENTERPRISE FUNDS 49,434,428 5,002,856 4,085,713 50,351,571
620 SENIOR CITIZENS TRANSPORTATION 28,530 29,866 32,374 26,022
267 SSHRB 109,605 92,872 155,996 46,482
704 TECHNOLOGY SERVICE FUND 370,118 607,783 652,591 325,310
216 TIDELANDS TRUST FUND 523,642 303,669 85,858 741,453
213 TRAFFIC SAFETY FUND 379,416 197,252 576,668 (0)
214 TRANSPORTATION FUND 180,814 0 180,814 (0)
350 TRANSPORTATION IMPROVEMENT FUND 2,116,292 349,134 745,982 1,719,444
225 TSM/TDM 0 3,660 8 3,652
715 UNEMPLOYMENT 69,765 30,616 57,673 42,708
351 URBAN RUNOFF SPECIAL REVENUE FUND 1,765,744 2,582,376 1,431,649 2,916,471
274 WASTE MANAGEMENT /RECYCLING FUND 3,201,299 1,328,530 716,504 3,813,326
820 WEST LAGOON HOMEOWNERS 0 0 0 0
711 WORKERS COMPENSATION TRUST (3,194,592) 1,094,225 3,096,898 (5,197,265)
SPECIAL REVENUE FUNDS - TOTAL $183,099,395 $273,518,890 $237,655,506 $221,528,101
COMBINED TOTAL - ALL FUNDS
$201,966,834 $337,292,952 $301,247,655 $240,577,452
47
CITY OF ALAMEDA
MEMORANDUM
Date: August 26, 2004
To: Honorable Mayor and
Councilmembers
From: James M. Flint
City Manager
Re: Recommendation to Award Contract in the Amount of $174,400, including Contingencies, to
Republic Electric for the Crosswalk In- Pavement Lights (SR2S) to Serve Donald Lum
Elementary School, Haight Elementary School, Wood Middle School and Chipman Middle
School Project, No. P.W. 01 -04 -01
BACKGROUND
On June 15, 2004, the City Council adopted plans and specifications and authorized call for bids for
the Crosswalk In- Pavement Lights (SR2S) to Serve Donald Lum Elementary School, Haight
Elementary School, Wood Middle School and Chipman Middle School, No. P.W. 01- 04 -01. The
project consists of new in- pavement lights, two wheelchair ramps and new striping at the Otis Drive
crosswalk west of Sandcreek Way, at the Santa Clara Avenue crosswalk west of Willow Street and
the Pacific Avenue crosswalk east of Fourth Street. Installation of in- pavement crosswalk lights will
enhance safety at these pedestrian crossings by providing traffic calming and enhanced warning
signs.
DISCUSSION /ANALYSIS
To solicit the maximum number of bids and the most competitive price, specifications were provided
to 18 building exchanges throughout the Bay Area. In addition, a notice of bid was published in the
Alameda Journal. Staff also conducted a pre -bid mandatory meeting.
Bids were opened on July 8, 2004. Four contractors submitted bids. The list of bidders from lowest
to highest for total project cost is as follows:
Bidder
Location
Bid Amount
Republic Electric
Novato, Ca
$158,530
Mike Brown Electric Co.
Cotati, Ca
$177,651
Steiny and Company Inc.
Vallejo, Ca
$203,998
W. Braley Electric
Novato, Ca
$206,500
GtvofAlanwda
PpublicWodcs
apartment
Public Woks 'Norio for You!
Dedicated to Excellence, Committed to Service
Report #4 -E CC
9 -7 -04
Honorable Mayor and
Councilmembers
Page 2
August 26, 2004
The construction cost to complete the project is $174,400, including 10% contingency. The
engineer's estimate for the project is $158,510. Additional funds from the City -Wide Traffic
Calming Program, CIP # 03 -56, in the estimated amount of $32,000 are necessary for project
administration, inspection, and testing for a total project cost of $ 224,000. The contract is on file in
the City Clerk's Office.
BUDGET CONSIDERATION/FINANCIAL ANALYSIS
This work is funded under CIP# 03 -69, with funds available from a Safe Route to School Grant and
Measure B funds.
RECOMMENDATION
The City Manager recommends that the City Council, by motion, award the contract in the amount of
$174,400, including contingencies, to Republic Electric for the Crosswalk In- Pavement Lights
(SR2S) to Serve Donald Lum Elementary School, Haight Elementary School, Wood Middle School
and Chipman Middle School, No. P.W. 01- 04 -01.
MTN:WW:gc
Respect lly submitted,
Matthew T. Naclerio
Public Works Director
61(11 111[2,/21
By: Wali Waziri j c/0_,
Associate Civil Engineer
G: \PUB WORKS\P W ADMIN\ COUNCIL\ 2004 \090704\republic4schoolsaward. doc
Dedicated to Excellence, Committed to Service
GrtYofAlanwae
�IIbIicWorks
apartment
Public Worts IYni *sfor Y u!
CITY OF ALAMEDA
MEMORANDUM
Date: August 31, 2004
To: Honorable Mayor and
Councilmembers
From: James M. Flint
City Manager
Re.
Recommendation to Reject the Sole Bid, and to Approve By Motion, a Finding that the
Construction of the Alameda Free Library —New Main Library Project, No. P.W. 01 -03 -01
Constitutes a Great Necessity or Emergency that Requires Immediate Action; and Authorize
the City Manager to Negotiate an Agreement with S. J. Amoroso Construction (Requires
Four Affirmative Votes)
BACKGROUND
On June 1, 2004, the City Council adopted plans and specifications and authorized a call for bids for
the Alameda Free Library - New Main Library Project, No. P.W. 01- 03 -01. Bids were originally
due on July 7, 2004 and the bid due date was subsequently extended to July 21, 2004.
On July 21, 2004, bids were opened for the project. The City received one bid from S. J. Amoroso
Construction (SJA) in the amount of $20,266,000, approximately 27% over the Architect's Estimate.
DISCUSSION /ANALYSIS
Upon receipt of the bid, staff immediately took the following actions to analyze the bid process and
the sole bid received:
• Interviewed all eleven general contractors that had attended the mandatory pre -bid meeting
on June 15, 2004 to determine why they had not provided a bid. The results of those
interviews indicated that three (3) of the potential bidders declined because of competing
projects /bids; three (3) could not meet the qualifications requirements of the specifications;
one (1) prepared a bid of 19.2M but declined to submit it under the perception that it was too
high; one (1) felt that the Architect's Estimate was unreasonably low; one (1) felt, based
upon their perception of the pre -bid meeting, that a competitor was far ahead of the game;
and one (1) contractor was non - responsive to the survey.
• Requested that both the City's architect for the project, Thomas Hacker Architects, and
construction manager, Consolidated CM, provide written analysis of the bid process, the sole
bid received and recommendations to move the project forward. Both of these documents
Dedicated to Excellence, Committed to Service
Report #4 -F CC
9 -7 -04
Honorable Mayor and
Councilmembers
Page 2
August 31, 2004
generally recommend a negotiated process and /or supplemental funding to close the gap
between the City's available budget and the bid amount. These recommendations are
predicated upon reducing delays inherent in the re- design/re -bid process and to avoid further
reducing the City's purchasing power through probable continued construction cost
escalations.
• Met with SJA, the architect's cost estimator, and our construction manager to determine the
major areas of discrepancy between the architect's March 1, 2004 estimate of $15.6M and
the bid of $20.226M. Furthermore, SJA offered to participate in an "open book" negotiation
process where they would provide complete access to the supporting material that went into
the bid development including mark -up amounts and subcontractor proposals to negotiate a
contract within the City's budget. Additionally, staff had an in depth conversation with
SJA's cost estimator and project developer to review their suggestions on how to reduce the
scope of the project to match the budget (value engineering). SJA prepared, for the City's
review, a listing of potential project deductions totaling more than $3.5M that, in their
opinion, did not affect the general overall appearance or functioning of the library.
REVIEW OF OPTIONS
To formally re- design and re -bid the project would require a minimum of five to seven months. In
addition to this significant loss of project time there would be no guarantee that the re -bid would be
successful, (i.e., a single bid from the same or a less desirable contractor). Furthermore, this would
open the project budget to possible additional cost escalations.
Staff explored the possibility of inviting the three bidders who had presumably prepared numbers,
(e.g., the firm that asked for relief from the qualifications and the firm that had prepared the $1.9M
bid) to enter into negotiations. These firms were offered the opportunity to submit qualifications for
the City's review and both reacted positively; to date neither firm has responded.
SJA has made an extraordinary offer to the City to negotiate the difference between the budget and
their bid through an "open book" process. Through an "open book" process, staff believes that any
perceived "padding" on the part of SJA should be relatively apparent. All of SJA's references have
been checked with no negative reports and they have been determined to be responsible and qualified
to perform the work as specified.
SJA's offer for open -book negotiations is attractive from a number of standpoints. It moves the
project forward with the least amount of delay, (i.e., one to two months of negotiations; we could
gain the greatest value for the available funding; we would not suffer unbudgeted cost escalations;
and finally we would be ensured of a good quality contractor).
Dedicated to Excellence, Committed to Service
Honorable Mayor and
Councilmembers
Page 3
August 31, 2004
The City Charter, Section 3 -15 states: "Council may, by four votes...determine that in its opinion
...great necessity or emergency requires immediate action, and thereupon proceed to make such
public work or improvements without contract and to purchase such materials or supplies in the open
market." For the following reasons, great necessity or emergency exists which warrants negotiating
directly with S. J. Amoroso:
• The lease for the Interim Main Library, with the Alameda Unified School District, expired
February 29, 2004 and the school district has instituted a rent escalation clause of the lease
(e.g., $100K as of March 1, 2004 increasing to $200K as of March 1, 2006).
• A theoretical re- design and re -bid process would require a minimum of five to seven months
of delay, exposing the budget to further labor and material cost escalations without a
guarantee that the re -bid would be successful.
BUDGET CONSIDERATION/FINANCIAL IMPACT
• The project currently has $15.6M allocated for construction within the overall project
budget.
• If the City Council desires to supplement the budget, the amount and source of the funding
needs to be identified.
RECOMMENDATION
The City Manager recommends that the City Council, by motion, reject the bid and find that the
construction of the Alameda Free Library — New Main Library Project, No. P.W. 01- 03 -01,
constitutes a great necessity or emergency that requires immediate action (without bid) and authorize
the City Manager to Negotiate an Agreement with S. J. Amoroso Construction (Requires Four
Affirmative Votes).
Respectfully submitted,
By: Robert Haun
Project Manager
PB/RH:ms
cc: Library Director
O:\Library_ Project \LIBRARY\Council \090704\Reject Bid &Neg Agmt with SJA.doc
Dedicated to Excellence, Committed to Service
CITY OF ALAMEDA
Memorandum
Date: September 7, 2004
To: Members of City Council
From: Mayor Beverly Johnson
Re: Recruitment of New City Manager
Background
With the announced retirement of City Manager James M. Flint, the City Council will be
seeking a new City Manager for the City of Alameda. The City Manager serves at the will of the
City Council and is selected directly by the City Council.
Discussion
To aid the Council in its selection, a two -part recruitment process is recommended. First, it is
recommended that the Council contract with Richard Hughes Consulting to develop criteria for the
"ideal" Alameda City Manager candidate and to prepare a Request for Proposal ( "RFP ") to hire a
professional recruiting firm. Second, the Council would review the RFP's, select the professional
recruiting fine and enter into a contract for services to find City Manager candidates.
Fiscal Impact
It is anticipated that the total cost of the two -part recruitment process would not exceed
S50,000. The consulting contract with Richard Hughes Consulting to develop the Council's criteria
for the ideal City Manager candidate and to prepare an RFP (the first part of the process) should cost
no more than $5,000. This money is available from general fund reserves. The money is available
from general fund reserves and will be held in a project fund with payments processed by the City
Attorney's Office.
Recommendation
It is recommended that Council appropriate $50,000 from general fund reserves for the
recruitment process for the position of City Manager. It is further recommended that the Council
Report #4 -G CC
9 -7 -04
Members of the City Council
September 7, 2004
Page 2
delegate to the Mayor execution of a contract with Richard Hughes Consulting. A copy of the
form of the consulting agreement is attached.
Attachment
CONSULTANT AGREEMENT
THIS AGREEMENT, entered into this 8th day of September, 2004, by and
between CITY OF ALAMEDA, a municipal corporation (hereinafter referred to as
"City "), and HUGHES CONSULTING, a sole proprietor, whose address is 7175
Hollowbrook Drive, Edmond, OK, 73003, (hereinafter referred to as "Consultant "), is
made with reference to the following:
RECITALS:
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of the City.
B. Consultant is specially trained, experienced and competent to perform the
special services which will be required by this Agreement; and
C. Consultant possesses the skill, experience, ability, background,
certification and knowledge to provide the services described in this Agreement on the
terms and conditions described herein.
D. City and Consultant desire to enter into an agreement for recruitment -
related consultation services for City of Alameda City Manager position, upon the terms
and conditions herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM:
The term of this Agreement shall commence on the 23rd day of August, 2004,
and shall terminate on the 30th day of June, 2005, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED:
Consultant shall perform each and every service set forth in Exhibit "A" which is
attached hereto and incorporated herein by this reference.
3. COMPENSATION TO CONSULTANT:
Consultant shall be compensated for services performed pursuant to this
Agreement at the hourly rate of $200, plus expenses, but not to exceed $5,000, as set
forth in Exhibit "A."
4. TIME IS OF THE ESSENCE:
Consultant and City agree that time is of the essence regarding the performance of
this Agreement.
06/10/03
CONSULTANT
5. STANDARD OF CARE:
Consultant agrees to perform all services hereunder in a manner commensurate
with the prevailing standards of like professionals in the San Francisco Bay Area and
agrees that all services shall be performed by qualified and experienced personnel who
are not employed by the City nor have any contractual relationship with City.
6. INDEPENDENT PARTIES:
City and Consultant intend that the relationship between them created by this
Agreement is that of employer- independent contractor. The manner and means of
conducting the work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the express terms of this Agreement. No civil
service status or other right of employment will be acquired by virtue of Consultant's
services. None of the benefits provided by City to its employees, including but not
limited to, unemployment insurance, workers' compensation plans, vacation and sick
leave are available from City to Consultant, its employees or agents. Deductions shall not
be made for any state or federal taxes, FICA payments, PERS payments, or other
purposes normally associated with an employer - employee relationship from any fees due
Consultant. Payments of the above items, if required, are the responsibility of Consultant.
6. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Consultant assumes any and all responsibility for verifying the identity and
employment authorization of all of his/her employees performing work hereunder,
pursuant to all applicable IRCA or other federal, or state rules and regulations.
Consultant shall indemnify and hold City harmless from and against any loss, damage,
liability, costs or expenses arising from any noncompliance of this provision by
Consultant.
7. NON - DISCRIMINATION:
Consistent with City's policy that harassment and discrimination are unacceptable
employer /employee conduct, Consultant agrees that harassment or discrimination directed
toward a job applicant, a City employee, or a citizen by Consultant or Consultant's
employee or subcontractor on the basis of race, religious creed, color, national origin,
ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation
will not be tolerated. Consultant agrees that any and all violations of this provision shall
constitute a material breach of this Agreement.
8. HOLD HARMLESS:
Indemnification:
Consultant shall indemnify, defend, and hold harmless City, its City Council, boards,
commissions, officials, employees, and volunteers ( "Indemnitees ") from and against any and
all loss, damages, liability, claims, suits, costs and expenses whatsoever, including
reasonable attorneys' fees ( "Claims "), arising from or in any manner connected to
Consultant's negligent act or omission, whether alleged or actual, regarding performance of
services or work conducted or performed pursuant to this Agreement. If Claims are filed
against Indemnitees which allege negligence on behalf of the Consultant, Consultant shall
06/10/03
CONSULTANT
have no right of reimbursement against Indemnitees for the costs of defense even if
negligence is not found on the part of Consultant. However, Consultant shall not be
obligated to indemnify Indemnitees from Claims arising from the sole or active negligence or
willful misconduct of Indemnitees.
9. INSURANCE:
On or before the commencement of the term of this Agreement, Consultant shall
furnish City with certificates showing the type, amount, class of operations covered,
effective dates and dates of expiration of insurance coverage in compliance with
paragraphs 10A, B, C, D and E. Such certificates, which do not limit Consultant's
indemnification, shall also contain substantially the following statement: "Sllould any of
the above insurance covered by this certificate be canceled or coverage reduced before the
expiration date thereof, the insurer affording coverage shall provide thirty (30) days'
advance written notice to the City of Alameda by certified mail, Attention: Risk
Manager." It is agreed that Consultant shall maintain in force at all times during the
performance of this Agreement all appropriate coverage of insurance required by this
Agreement with an insurance company that is acceptable to City and licensed to do
insurance business in the State of California. Endorsements naming the City as additional
insured shall be submitted with the insurance certificates.
A. COVERAGE:
Consultant shall maintain the following insurance coverage:
(1) Workers' Compensation:
Statutory coverage as required by the State of California.
(2) Liability:
Commercial general liability coverage in the following minimum
limits:
Bodily Injury: $500,000
each occurrence
$1,000,000
aggregate - all other
Property Damage: $100,000 each occurrence
$250,000 aggregate
If submitted, combined single limit policy with aggregate limits in
the amounts of $1,000,000 will be considered equivalent to the
required minimum limits shown above.
B. SUBROGATION WAIVER:
Consultant agrees that in the event of loss due to any of the perils for which he /she
has agreed to provide comprehensive general and automotive liability insurance,
Consultant shall look solely to his/her insurance for recovery. Consultant hereby grants
to City, on behalf of any insurer providing comprehensive general and automotive
liability insurance to either Consultant or City with respect to the services of Consultant
06 /10/03
CONSULTANT
herein, a waiver of any right to subrogation which any such insurer of said Consultant
may acquire against City by virtue of the payment of any loss under such insurance.
C. FAILURE TO SECURE:
If Consultant at any time during the term hereof should fail to secure or maintain
the foregoing insurance, City shall be permitted to obtain such insurance in the
Consultant's name or as an agent of the Consultant and shall be compensated by the
Consultant for the costs of the insurance premiums at the maximum rate permitted by law
and computed from the date written notice is received that the premiums have not been
paid.
D. ADDITIONAL INSURED:
City, its City Council, boards and commissions, officers, employees and
volunteers shall be named as an additional insured under all insurance coverages, except
any professional liability insurance, required by this Agreement. The naming of an
additional insured shall not affect any recovery to which such additional insured would be
entitled under this policy if not named as such additional insured. An additional insured
named herein shall not be held liable for any premium, deductible portion of any loss, or
expense of any nature on this policy or any extension thereof. Any other insurance held
by an additional insured shall not be required to contribute anything toward any loss or
expense covered by the insurance provided by this policy.
E. SUFFICIENCY OF INSURANCE:
The insurance limits required by City are not represented as being sufficient to
protect Consultant. Consultant is advised to confer with Consultant's insurance broker to
determine adequate coverage for Consultant.
10. CONFLICT OF INTEREST:
Consultant warrants that it is not a conflict of interest for Consultant to perform
the services required by this Agreement. Consultant may be required to fill out a conflict
of interest form if the services provided under this Agreement require Consultant to make
certain governmental decisions or serve in a staff capacity as defined in Title 2, Division
6, Section 18700 of the California Code of Regulations.
11. PROHIBITION AGAINST TRANSFERS:
Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or
any interest therein, directly or indirectly, by operation of law or otherwise, without prior
written consent of City. Any attempt to do so without said consent shall be null and void,
and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer. However, claims for
money by Consultant from City under this Agreement may be assigned to a bank, trust
company or other financial institution without prior written consent. Written notice of
such assignment shall be promptly furnished to City by Consultant.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or cotenant, if Consultant is a partnership or joint venture
or syndicate or cotenancy, which shall result in changing the control of Consultant, shall
be construed as an assignment of this Agreement. Control means fifty percent (50 %) or
more of the voting power of the corporation.
06 /10 /O3
CONSULTANT
12. SUBCONTRACTOR APPROVAL:
Unless prior written consent from City is obtained, only those people and
subcontractors whose names and resumes are attached to this Agreement shall be used in
the performance of this Agreement.
In the event that Consultant employs subcontractors, such subcontractors shall be
required to furnish proof of workers' compensation insurance and shall also be required to
carry general, automobile and professional liability insurance in reasonable conformity to
the insurance carried by Consultant. In addition, any work or services subcontracted
hereunder shall be subject to each provision of this Agreement.
13. PERMITS AND LICENSES:
Consultant, at his /her sole expense, shall obtain and maintain during the term of
this Agreement, all appropriate permits, certificates and licenses including, but not
limited to, a City Business License, that may be required in connection with the
performance of services hereunder.
14. REPORTS:
A. Each and every report, draft, work product, map, record and other
document, hereinafter collectively referred to as "Report", reproduced, prepared or caused
to be prepared by Consultant pursuant to or in connection with this Agreement, shall be
the exclusive property of City. Consultant shall not copyright any Report required by this
Agreement and shall execute appropriate documents to assign to City the copyright to
Reports created pursuant to this Agreement. Any Report, information and data acquired
or required by this Agreement shall become the property of City, and all publication
rights are reserved to City.
13. All Reports prepared by Consultant may be used by City in execution or
implementation of:
(1) The original Project for which Consultant was hired;
(2) Completion of the original Project by others;
(3) Subsequent additions to the original project; and/or
(4) Other City projects as appropriate.
C. Consultant shall, at such time and in such form as City may require,
furnish reports concerning the status of services required under this Agreement.
D. All Reports required to be provided by this Agreement shall be printed on
recycled paper. All Reports shall be copied on both sides of the paper except for one
original, which shall be single sided.
E. No Report, information or other data given to or prepared or assembled by
Consultant pursuant to this Agreement shall be made available to any individual or
organization by Consultant without prior approval by City.
15. RECORDS:
Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement.
Consultant shall maintain adequate records of services provided in sufficient
06/10/03
CONSULTANT
detail to permit an evaluation of services. All such records shall be maintained in
accordance with generally accepted accounting principles and shall be clearly identified
and readily accessible. Consultant shall provide free access to such books and records to
the representatives of City or its designees at all proper times, and gives City the right to
examine and audit same, and to make transcripts therefrom as necessary, and to allow
inspection of all work, data, documents, proceedings and activities related to this
Agreement. Such records, together with supporting documents, shall be kept separate
from other documents and records and shall be maintained for a period of three (3) years
after receipt of final payment.
If supplemental examination or audit of the records is necessary due to concerns
raised by City's preliminary examination or audit of records, and the City's supplemental
examination or audit of the records discloses a failure to adhere to appropriate internal
financial controls, or other breach of contract or failure to act in good faith, then
Consultant shall reimburse City for all reasonable costs and expenses associated with the
supplemental examination or audit.
16. TERMINATION:
In the event Consultant fails or refuses to perform any of the provisions hereof at
the time and in the manner required hereunder, Consultant shall be deemed in default in
the performance of this Agreement. If such default is not cured within a period of two (2)
days after receipt by Consultant from City of written notice of default, specifying the
nature of such default and the steps necessary to cure such default, City may terminate
the Agreement forthwith by giving to the Consultant written notice thereof.
City shall have the option, at its sole discretion and without cause, of terminating
this Agreement by giving seven (7) days' prior written notice to Consultant as provided
herein. Upon termination of this Agreement, each party shall pay to the other party that
portion of compensation specified in this Agreement that is earned and unpaid prior to the
effective date of termination.
17. COMPLIANCES:
Consultant shall comply with all state or federal laws and all ordinances, rules and
regulations enacted or issued by City.
18. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of the State
of California excepting any choice of law rules which may direct the application of laws
of another jurisdiction. The Agreement and obligations of the parties are subject to all
valid laws, orders, rules, and regulations of the authorities having jurisdiction over this
Agreement (or the successors of those authorities.)
Any suits brought pursuant to this Agreement shall be filed with the courts of the
County of Alameda, State of California.
19. ADVERTISEMENT:
Consultant shall not post, exhibit, display or allow to be posted, exhibited,
displayed any signs, advertising, show bills, lithographs, posters or cards of any kind
pertaining to the services performed under this Agreement unless prior written approval
06/10/03
CONSULTANT
has been secured nom City to do otherwise.
20. :
A waver by City away breach of wry tem covenant or condition contained
herein small nut be deemed to be $ waiver of any subsequent breach of the erne or rely
other term, covert, or condition contained herein, whether of the came or a diftlrent
character.
22.
This Agre c nmt represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations and
agreements of whatsoevect kind or nature are merged herein. No verbal agreement or
implied covenant shall be bead to vary the provisbms hereof. Any modification o£tbs
Agreement will be effective only by written execution signed by both City and
Committer..
21. EMERMXIMMIKOS
Each provision and obtuse required by law to be inserted into the Agreement shall
be deemed to be enacted herein, and the Agreement shall be lead and enforced as though
each were included herein. If shim mistake or otherwise, any such provision is not
illwited or is not con ectly issued, die Agreement alb be amended to make a such
insertion on application by either patty.
22. CeTIQ:
- The captions in this Amt ate for convenience any, art not a part of the
Agreement and in no way affect, DeWitt or edify the ten= or provisions+ of this
Agreement
IN WITNESS wUBREOO, the parties have caused the Agreement to be executed
on the day and year lit* above written.
CONSULTANT
HUGHES CONSULTING
By \S4-3"--
Title Co v- (
ai tan(e1
art 411' ALAMEDA
A Municipal Corporation
By
Title: Beverly Joimson, Mayor
City of Alameda
rev �a to orm
TV ATT•afar
SCOPE OF CONSULTING ASSISTANCE
Richard Hughes, Hughes Consulting, located at 7175 HollowbrookDrive, Edmond, OK
73003, will assist the Mayor /Council of the City of Alameda be completing the following
tasks:
1. Utilize previously developed survey form to obtain individual Council input on
what are the desired characteristics of the Alameda City Manager; review and
tabulate the results of this survey; and facilitate Council's development of the
candidate specifications for the "ideal" City Manager of Alameda. The draft
specification will be ready for Mayor /Council'review and modifications by
September 7, 2004, assuming the survey form is completed and returned to the
consultant by August 31, 2004.
2. Develop a proposed process for recruiting the next City Manager, including tasks
to be completed, how and where the Mayor /Council will be involved and
timelines; the Request for Proposal to be sent to executive search firms with good
track records in public sector searches; and the names and addresses of the search
firms to be sent the RFP. This draft RFP will be ready for Mayor /Council review
by a time to be determined.
3. Develop a proposed process for reviewing City Manager search firm proposals,
identifying the top three or four, interviewing the lead recruiter, and making the
final selection. This draft process will be ready for May /Council review by a time
to be determined.
The consulting assistance to be provided will be based on actual time and expenses
occurred, billed at an hourly rate of $200, and not to exceed $5,000 for the total contract
services and expenses. The previously developed survey form is provided at no charge.
Travel time and costs will not be charged.
EXHIBIT A
CITY OF ALAMEDA
MEMORANDUM
Date: August 24, 2004
To: Honorable Mayor and
Councilmembers
From: James M. Flint
City Manager
Re: Recommendation to Accept Improvements and Release of Subdivision Bond for Tract 6877
(California Heritage Bay)
BACKGROUND
Tract 6877 consists of 106 single - family residential lots and five common areas and is located at the
former drive -in theater site west of the Marina Village development, east of Constitution Way and
north of Atlantic Avenue. On March 18, 1997, the City Council approved the final map and
subdivider's agreement (Resolution No. 12858), including a performance bond in the amount of
$1,898,000. The developer has just completed the standard Urban Runoff requirements of stenciling
the drains. The developer, KB Homes, is now requesting the release of the bond.
DISCUSSION /ANALYSIS
The streets and improvements within the subdivision where completed, inspected, and found
acceptable by the City Engineer in 2000. The improvements include the following streets, which
have been added to the City's mileage inventory:
Street Name
Length (ft)
Comments
Bartlett Drive
970'
25' -36' wide private street (PS)
Rosefield Loop
928'
24' wide PS
Barker Court
80'
20'wide PS
Bird Court
80'
20'wide PS
Cerruti Court
80'
20'wide PS
Challen Court
130'
20'wide PS
Cohen Court
80'
20'wide PS
Cleveland Court
70'
20'wide PS
Decelle Court
80'
20'wide PS
Dow Court
80'
20'wide PS
Ellis Court
80'
20'wide PS
Fitch Court
80'
20'wide PS
Fletcher Court
60'
20'wide PS
Gr,orawowai
ubIicWorks
Department
Public W Acs Wakef Yo.,!
Dedicated to Excellence, Committed to Service
Report #4 -H CC
9 -7 -04
Honorable Mayor and
Councilmembers
Page 2
August 24, 2004
Street Name
Length (ft)
Comments
Hecker Court
60'
20'wide PS
Hercules Court
80'
20'wide PS
Holtz Court
80'
20'wide PS
Pioneer Court
60'
20'wide PS
Ranger Court
60'
20'wide PS
Rowe Court
60'
20'wide PS
Volberg Court
60'
20'wide PS
Weiss Court
60'
20'wide PS
The Alameda Municipal Code (AMC) Section 30 -85.3 permits release or reduction of the
performance bond in whole or part upon certification by the City Engineer of final completion and
acceptance of the work. The AMC also requires that a labor and materials bond be maintained for a
period of one year after completion of the work. Since the work was completed in 2000, the City
Manager recommended that the performance bond be released in its entirety.
BUDGET CONSIDERATION/FINANCIAL ANALYSIS
The streets, storm drains and sanitary sewers within the subdivision are private and will be
maintained by the homeowner's association. There is no impact to the general fund.
RECOMMENDATION
It is recommended that the City Council, by motion, accept the improvements and release the
subdivision bond for Tract 6877 (California Heritage Bay).
Respectfully submitted,
y7/7Z7
Matthew T. Naclerio
Public Works Director
By: Barbara Hawkins
Supervising Civil Engineer
MTN:BH:gc
G:\PUBWORKSTWADMIN\COUNCIL\2004\090704\accepttract6877.doc
Dedicated to Excellence, Committed to Service
GryofAlanwda
uubIicWorks
Department
Public Works Wrxilsf Yon!
CITY OF ALAMEDA
MEMORANDUM
Date: August 12, 2004
To: Honorable Mayor and
Councilmembers
From: James M. Flint
City Manager
Re: Local Law Enforcement Block Grant
BACKGROUND
In 1996 several federal and state laws were enacted allowing the City of
Alameda Police Department to apply for grant money specifically earmarked for
the direct support of police services. The Department of Justice, Bureau of
Justice Assistance (BJA) added a division to its organization, the Local Law
Enforcement Block Grants Division, to manage the newly - enacted block grants
program for the primary purpose of reducing crime and improving public safety.
The Police Department has applied for and received Local Law Enforcement
Block Grant (LLEBG) funds each fiscal year beginning with 1996 -1997. The
Department is now eligible for 2004 -2005 funding of $23,888. The grant requires
a cash match of $2,654 by the City. The use of LLEBG funds is fairly restrictive
and requires a public review process prior to any expenditure.
DISCUSSION /ANALYSIS
It is recommended that the 2004 -2005 LLEBG funding be used to provide
training for both sworn and civilian staff and to procure equipment, technology,
and other items directly related to basic law enforcement functions.
The provisions of the LLEBG require that prior to the expenditure of any funds;
proposals must be reviewed by an advisory board and then be held open for
public review and comment at a widely advertised public hearing. The proposed
uses of the grant funds were presented to a Chief's Advisory Committee for
review and comment. The committee is a long- standing body comprised of
Alameda residents representing many facets of the community. The group
meets periodically to discuss and provide feedback on law enforcement
operations, issues and policies from a community perspective.
Dedicated to Excellence, Committed to Service
Report #4 -I CC
9 -7 -04
Honorable Mayor August 12, 2004
and Councilmembers Page 2 of 2
To comply with the second part of the public review and comment requirement of
the grant, it was deemed most appropriate to submit this report to the City
Council for public review.
BUDGET CONSIDERATION
No additional budget appropriation is required.
FISCAL IMPACT
The $2,654 match will be paid from salary savings.
RECOMMENDATION
No action is required by the Council except to receive public comment.
Respectfully submitted,
BEM: RAM /fl
h:council reports/20041Iebg
James M. Flint
City M � er
By: Burnham . Matthews
Chief of Police
Dedicated to Excellence, Committed to Service
CITY OF ALAMEDA
MEMORANDUM
Date: August 25, 2004
To: Honorable Mayor and
Councilmembers
From: James M. Flint
City Manager
Re: Recommendation to Adopt a Resolution Authorizing the City Manager to Apply for
Regional Measure 1 -2% Bridge Toll Funds for Harbor Bay Ferry Terminal Repairs, Enter
into all Agreements Necessary to Secure These Funds and Re- Allocate Funds From
Regional Measure 1 -2% Grants
BACKGROUND
On June 7, 2004, the Alameda Harbor Bay Ferry (AHBF) suspended service due to the
catastrophic failure of the Harbor Bay Ferry Terminal dock. On June 15, 2004, Council adopted
a resolution finding that "repair of the Harbor Bay Ferry Terminal Facility constitutes a Great
Necessity or Emergency that requires immediate action." Contracts have been executed with
two vendors for the repairs and expect the AHBF to return to service in September 2004. The
project consists of: a) provision and installation of a new gangway, and b) re- securing the barge.
The project cost is approximately $275,275 (see Table 1).
DISCUSSION /ANALYSIS
Payment for the terminal repairs will be made through: a) re- programming Metropolitan
Transportation Commission (MTC) Regional Measure 1 -2% funds already granted to the City; b)
allocation of the $9,930 in FY 2004/05 Regional Measure 1 -2% reserves; and c) recovery of
$31,500 from the Harbor Bay Maritime Hull and Machinery insurance policy (see Table 2).
Table 1
Repair Bud et
ITEM
Emergency Stabilization
$20,000
Barge Repair
$153,000
Gangway Purchase
$48,600
Consultant
$3,125
City Building Permit
$6,500
Misc.
$50
City Admin
$4,000
Contingency
$40,000
TOTAL
$275,275
Table 2
Proposed Fundin
Source
MTC RM 1 -2 %*
$233,845
Gangway Insurance Recovery
$31,500
Un programmed RM 1 -2 % **
$9,930
Total
$275,275
*Re- programming of previous grants
**Not programmed for FY '04/05
Dedicated to Excellence, Committed to Service
Gtvofdlalnda
bli`ItrllQllt
Public Works Ira -kV- Yo,d
Re: Resolution #4 -J
9 -7 -04
Honorable Mayor and
Councilmembers
Page 2
August 25, 2004
Re- Programming of Regional Measure 1 -2% Grants: MTC previously allocated $424,425 for
three City ferry projects: a) Bay Breeze Spare Reduction Gear/Water Jet ($165,525); b) Bay
Breeze Up- Grades ($144,729); and c) Harbor Bay Terminal Weather Protection ($114,171). Of
the $424,425 allocated, the City is asking MTC to re- program $233,845 to the Harbor Bay
Terminal Repair Project. Of the three previously funded projects, two will continue (with
reduced scopes) and one will be postponed (see Table 3).
Table 3
RM 1 -2% Grants
Project (already funded through Year Funded Allocated
RM 1 -2 %)
Bay Breeze Spare Reduction FY 2004 -05
Gears/Water Jet $165,525
Proposed
Reallocation
Amount
New Project Year
Terminal Weather Protection FY '02 -03
$114,171
HB Terminal
Repair
Bay Breeze
Reduction
Gear/Water Jet
$37,970
FY 2004/05
$127,555
FY 2004/05
HB Terminal
Repair
$114,171
FY 2004/05
Bay Breeze Upgrades
FY '03 -04
$144,729
RM 1 -2% FY '04/05 Reserves NA
NA
HB Terminal
Repair
Bay Breeze
Upgrades
HB Terminal
Repair
$81,704
FY 2004/05
$63,025
FY 2004/05
$9,930
FY 2004/05
The two continuing but revised projects are "Bay Breeze Reduction Gear /Water Jet" and "Bay
Breeze Up Grades." The new project scopes for these projects are:
Bay Breeze Reduction Gear/Water Jet Project —This project will be downscaled by $37,970
leaving $127,555 for Bay Breeze Reduction Gear/Water Jet work. The revised project calls for
the purchase and installation of one reduction gear (see Table 4).
Table 4
Bay Breeze Reduction Gear/Water Jet
Purchase of 1
$41,000
Install 1
$50,276
Sub -Total
$91,276
Sales Tax
$3,588
City Admin
$4,000
Engineering
$5,000
Contingency
$23,691
Total
$127,555
Dedicated to Excellence, Committed to Service
GtvdAmvdi
blicWorks
Public Wavle Works for You!
Honorable Mayor and
Councilmembers
Page 3
August 25, 2004
Bay Breeze Up Grades - This project will be downscaled by $81,704 leaving $63,025 for the
revised project (see Table 5).
Table 5
Bav Breeze Un Grades
Project
ITEM
Purchase:
Flooring
$19,322
Alarms
$10,000
Window washing hand rails
$13,000
Sub -Total
$42,322
Sales Tax
$3,703
City Admin
$5,000
Contingency
$10,000
Engineering
$2,000
Total
$63,025
Allocation of the $9,930 in FY 2004/05 Regional Measure 1 -2% Reserves: The City is
requesting that MTC allocate $9,930 in FY 2004/05 Regional Measure 1 -2% Southern Bridge
Group reserves to the Harbor Bay Ferry Terminal Repair Project. To complete this process,
Council must approve a resolution authorizing the City Manager to apply for the funds.
Insurance Recovery: The gangway was covered up to $32,000 under Harbor Bay Maritime's
(HBM) Hull and Machinery insurance policy. HBM will turn over the $32,000 (minus a $500
deductible) to the City.
Staff has submitted and discussed the above request with MTC. MTC has stated that the request
will be approved under the discretionary authority of the MTC Executive Director.
Project Schedule: The new gangway has been completed and will be delivered by September 2.
2004. Terminal repair drawings and calculations were submitted to Planning and Building
Services for permits and to the City consulting naval architect for approval on August 27, 2004.
On -site work is expected to begin on September 16, 2004, and be completed by September 30,
2004. Staff had hoped that repairs would be completed by mid - September, but negotiations of
the design -build contract took longer than expected to conclude.
BUDGET CONSIDERATION/FINANCIAL IMPACT
There is no impact on the general fund. The Harbor Bay Ferry Terminal Repair Project will be
entirely funded from MTC Regional Measure 1 -2% grants and HBM insurance policy recovery.
The AHBF is operated under a fixed subsidy agreement with HBM. Public funding is provided
through Regional Measure B, MTC Regional Measure 1 -5 %, and the Alameda Transportation
Improvement Fund.
Dedicated to Excellence, Committed to Service
alyofAlanda
tubIicWorks
Departrnent
Public Wori Wrnlsfor You!
Honorable Mayor and
Councilmembers
RECOMMENDATION
Page 4
August 25, 2004
The City Manager recommends that the City Council, by resolution, authorize the City Manager
to apply for Regional Measure 1 -2% Bridge Toll Funds for the Harbor Bay Ferry Terminal
repairs, enter into all agreements necessary to secure these funds and re- allocate funds from
Regional Measure 1 -2% Grants.
Respects y submitted,
Matthew T. Naclerio
Public Works Director
By: Ernest Sanchez
Ferry Manager
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G:\PUBWORKS\PWADMIN\ COUNCIL \2004 \090704\HBterminal RM2% reprogram2.doc
Dedicated to Excellence, Committed to Service
ca„ 0tu.Mai
��I'diMllt
Public Works Wv* fo, Y!
CITY OF ALAMEDA. RESOLUTION NO.
AUTHORIZING THE CITY MANAGER TO APPLY FOR REGIONAL MEASURE 1-
2% BRIDGE TOLL FUNDS FOR HARBOR BAY FERRY TERMINAL REPAIRS,
ENTER INTO ALL AGREEMENTS NECESSARY TO SECURE THESE FUNDS
AND RE- ALLOCATE FUNDS FROM REGIONAL MEASURE 1 -2% GRANTS
WHEREAS, Regional Measure 1 (November 1988) created revenues for
allocation by Metropolitan Transportation Commission; and
WHEREAS, the monies can be used to fund planning, operating and capital
projects for water transit purposes which are designed to reduce vehicular traffic on the bridges;
and
Service; and
W
WHEREAS, the City Council has identified the need for emergency repair of the
0 Alameda Harbor Bay Ferry Terminal.
a
H
WHEREAS, the public entities are eligible applicants; and
WHEREAS, the City of Alameda operates the Alameda Harbor Bay Ferry
0
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of
Alameda does hereby approve application for the Alameda Harbor Bay Ferry Terminal Repair
Project and authorizes the City Manager to apply for Two Percent Bridge Toll Revenue Funds
for Capital Projects and to enter into all agreements necessary to secure these funds.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to forward a
certified copy of this resolution to the Metropolitan Transportation Commission.
* * * * **
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:
ABSENTIONS:
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 #4 -J CC
9 -7 -04
September 2, 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
127408 - 128274
EFT 091
Void Checks:
Amount
4,128,653.59
33,250.00
See attached (295,368.30)
126265
127630 (3,338.75)
(800.00)
127751
127731 - (215.20)
27731
_ (215.20)
122664
(518.00)
127806
1 (38.92)
26740
126395 (55.00)
26395
127498 (500.00)
27498
(1,126.00)
GRAND TOTAL 3,859,728.22
Allowed in open session:
Respectfully submitted,
Date:
City Clerk
Approved for payment:
Date:
cuAtf.e_gL,- si
P mela J. Sibley
Finance Director
BILLS #4 -K
Council Warrants 09/07/04 09/07/04
CITY OF ALAMEDA RESOLUTION NO.
REAPPOINTING HARRY DAHLBERG AS A MEMBER OF THE
CITY ECONOMIC DEVELOPMENT COMMISSION
(MEMBER -AT -LARGE SEAT)
BE IT RESOLVED by the Council of the City of Alameda that pursuant to Section 2-
14.2 of the Alameda Municipal Code and Resolution No. 12149, and upon nomination of the Mayor,
HARRY DAHLBERG is hereby reappointed to the office of Member -at -Large of the Economic
Development Commission of the City of Alameda, commencing September 7, 2004 and expiring
on August 31, 2008 and to serve until his successor is appointed and qualified.
I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly
>- adopted and passed by the Council of the City of Alameda in regular meeting assembled on the
day of , 2004, by the following vote to wit:
CC
0
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
9 -7 -04
E
L
CITY OF ALAMEDA RESOLUTION NO.
APPOINTING MICHAEL J. SCHIVIITZ AS A MEMBER OF THE
CITY ECONOMIC DEVELOPMENT COMMISSION
(Manufacturing/Industrial Seat)
BE IT RESOLVED by the Council of the City of Alameda that pursuant to Section 2-
14.2 of the Alameda Municipal Code and Resolution No. 12149, and upon nomination of the Mayor,
MICHAEL J. SCHMITZ is hereby appointed to the office of Manufacturing/Industrial Member of
the Economic Development Commission of the City of Alameda, commencing September 7;2004
and expiring on August 31, 2008 and to serve until his successor is appointed and qualified.
I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly
cr adopted and passed by the Council of the City of Alameda in regular meeting assembled on the
cr 0 day of , 2004, by the following vote to wit:
a
>- AYES:
0 F°
0
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 Alarfieda
Resolution #5 -B
9 -7 -04
CITY OF ALAMEDA RESOLUTION NO.
REAPPOINTING GAIL WETZORK AS A MEMBER OF THE
CITY ECONOMIC DEVELOPMENT COMMISSION
(MEMBER -AT -LARGE SEAT)
BE IT RESOLVED by the Council of the City of Alameda that pursuant to Section 2-
14.2 of the Alameda Municipal Code and Resolution No. 12149, and upon nomination of the Mayor,
GAIL WETZORK is hereby reappointed to the office of Member -at -Large of the Economic
Development Commission of the City of Alameda, commencing September 7, 2004 and expiring
on August 31, 2008 and to serve until his successor is appointed and qualified.
I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly
adopted and passed by the Council of the City of Alameda in regular meeting assembled on the
day of , 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 -C
9 -7 -04
CITY OF ALAMEDA RESOLUTION NO.
APPOINTING NANCY C. ANDERSON AS A MEMBER OF THE
CITY HISTORICAL ADVISORY BOARD
BE IT RESOLVED by the Council of the City of Alameda that pursuant to the
provisions of Article X of the Charter of the City of Alameda, and upon nomination of the Mayor,
NANCY C. ANDERSON is hereby appointed to the office of member of the Historical Advisory
Board of the City of Alameda for the term commencing September 7, 2004, and expiring on June 30,
2008, and to serve until her successor is appointed and qualified.
L.
(D)
Li
® 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
Resolution #5 -D
9 -7 -04
E
0
u_ •
0
■111 I
CITY OF ALAMEDA RESOLUTION NO.
REAPPOINTING ROBB RATTO AS A MEMBER OF
THE CITY TRANSPORTATION COMMISSION
BE IT RESOLVED by the Council of the City of Alameda that pursuant to provisions
of Section 2 -8 of the Alameda Municipal Code, and upon nomination of the Mayor, ROBB RATTO
is hereby reappointed to the office of member of the Transportation Commission of the City of
Alameda for a term commencing on September 7, 2004 and expiring on June 30, 2008 and to serve
until his successor is appointed and qualified.
w
CC
o 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
Resolution #5 -E
9 -7 -04
City of Alameda
Memorandum
DATE: August 31, 2004
TO: Honorable Mayor and
Councilmembers
FROM: James M. Flint
City Manager
RE:
Request for Continuance - Public hearing to consider an Appeal of the Planning
Board's denial of Variances, VO4 -0006, 0007, 0008 and 0010, and denial of Major
Design Review, DR04 -0026 for all development projects at 3017 Marina Drive. The
development projects also include the expansion of the residence into the estuary and
installation of rear yard decks. Approval is being sought for the following Variances:
1) Variance to AMC, Subsection 30- 4.1(d)(3)(Maximum Main Building Coverage
exceeding 48 percent; 2) Variance to AMC, Subsection 30- 4.1(d)(7) and Section 30 -2
(Rear Yard) because the building extends across the rear property line into the
estuary; 3) Variance to AMC, Subsection 30- 5.7(a)(Roof Eaves) and 30- 5.7(d)(Bay
Windows) because the roof eaves above the bay windows encroach to within 3 -feet
from the side property line and bay windows are not permitted to encroach into side
yards; 4) Variance to AMC, Subsection 30- 5.7(c)(1)(Rear Yard) /Subsection 30-
2(definitions)(Yard -Rear) and Subsection 30- 4.1(d)(7)(Rear Yard) because decks
over 36- inches in height extend into the required side and rear yard setbacks; 5)
Variance to AMC, Subsection 30- 5.14(c)(Barrier Heights) because the wind- screens
around the patios exceed the maximum permitted 8 -foot height. The Planning Board
also found that Variance for the Bay window encroachment be withdrawn because
this encroachment is currently in compliance, subject to Design Review approval.
The site is located within an R -1, Single - Family Residential Zoning District.
Appellant/Property Owner: Rita Mohlen of 3017 Marina Drive.
BACKGROUND
The appellant and City staff are both requesting a continuance of this public hearing to October 05,
2004. The continuance is requested to provide additional time for the legal counsel representing the
applicant and the City to prepare documents incorporating provisions of a potential resolution of the
variance and design review issues that are on appeal to the City Council. The parties have been
meeting with a Federal mediator appointed by the U.S. District Court. The neighbors who have
participated in this process to date will also be notified of this request for a continuance of the public
hearing.
Dedicated to Excellence, Committed to Service
Re: Public Hearing and
Resolution #5 -F
9 -7 -04
Honorable Mayor and September 01, 2004
Councilmembers Page 2
DISCUSSION/ ANALYSIS
The City Manager finds that a continuance is appropriate because the additional time is necessary to
meet legal requirements associated with the mediation and potential resolution agreement subject to
City Council review and approval.
BUDGET CONSIDERATIONS / FISCAL IMPACT
There will be no additional funding required in the Planning & Building Department budget relating
to Planning activities for this project. Application fees and processing costs are the responsibility of
the applicant.
RECOMMENDATION
The City Manager recommends that the City Council open the public hearing, acknowledge the
request for continuance, and then, by motion, continue the public hearing to the meeting of October
05, 2004.
Respectfully submitted,
J -rry . Cormack
Development Review Manager
cc: Rita Molhen, Property Owner /Applicant/Appellant
Andrew Stoddard, 3011 Marina Drive, Alameda, CA 94501
President, Planning Board
Italo A. Calpestri III
Laurence Padway
Gene Lafollette
Greg Fox
BCDC
Army Corps of Engineers
Greg McFann
G:\PLANNING \CC\REPORTS\ 2004\ 4VO4 - 0006,07,08,09, 10continue.b.doc
Dedicated to Excellence, Committed to Service
CITY OF ALAMEDA
MEMORANDUM
Date: August 30, 2004
To: Honorable Mayor and
Coun ' members
From: Ja s . Flint
Cit Man =•er
Re: B dget Update
BACKGROU
Upon adoption of the budget, the Council requested the budget data be returned to them for
review and establishment of a baseline for tracking purposes as well as the understanding of
the public. At subsequent meetings with the introduction of planned revenue alternatives, those
actions were deferred until review of the appropriations has been completed.
DISCUSSION /ANALYSIS
Estimated Revenues
With the adoption of the State Budget, the impacts on the City's General Fund have been made
clear. The "Triple Flip" is based on 1/3 of FY02 Property Tax, 1/3 FY02 Sales Tax and 1/3 of
FY02 Vehicle License Fees but the sum is capped at 4% of FY02 General Fund revenues and
limited to 2% of FY02 General Fund revenues. The following is a summary of that impact:
1/3 Property Tax
1/3 Sales Tax
1/3 Vehicle License Fee
2% Floor Adjustment
Net Triple Flip
$ 621,464
$ 157,765
$ 300,215
( 12,420)
$1,067,024
The original revenue estimate had included a further ERAF "take" of $1,250,000 therefore the
net effect is $182,976 in additional revenues.
The Council has yet to take action on the 911 Emergency Access Fee (estimated at
$1,401,840) and the PILOT Fee increase (estimated at $625,000). These are removed from the
estimates until further action by the Council. The Council did adopt the changes in the Planning
fees and therefore $200,000, as was originally described, has been included in the new revenue
estimate.
An impact of the staff reductions in Public Works is a reduction in Engineering Service Fees of
an estimated $500,000.
In summary, net changes to the revenues, not including the Emergency Access Fee and the
PILOT fee, are $(117,024) resulting in a new estimate of General Fund Revenues of
$65,146,620. (Please see Exhibit A for numerical summation.)
Dedicated to Excellence, Committed to Service
Report #5 -G (Budget Update)
9 -7 -04
Honorable Mayor and August 30, 2004
Councilmembers Page 2
Revenue Alternatives
Attached as Exhibit B are Revenue Alternatives. The majority of the items do require a vote,
either super- majority or simple majority, of the electorate. The next opportunity to place an item
before the voters will be at the primary election, currently scheduled for March of 2005. The
cost of a special election may eclipse the benefits. This listing is presented for your
consideration and discussion.
Those items requiring a public hearing and adoption of an ordinance could add approximately
$500,000 in annual revenues.
Appropriations
Attached for your information are the comparative budgets by department. The comparisons
include the budget as requested by the department, the budget as proposed (the Budget Book)
and the budget as approved with differences and causes of differences at each stage. Service
impacts of the approved budgets are also included. (Please see Exhibit C pages 1 through 79.)
Following is a summary of the General Fund Departments:
GENERAL FUND
SUMMARY
Fiscal Year 2004-
2005
City Council $ 96,396
City Manager 756,196
City Clerk 311,240
Elections 38,620
City Attorney 988,230
Finance 2,081,637
Information Tech 1,233,790
Human Resources 1,273,496
Police 22,502,426
Fire 19,143,729
Plan & Building 3,069,638
Public Works 7,058,176
Rec & Parks 3,923,944
SubTotal $ 62,477,518
Library 2,697,382
Less: Property Tax
Net GF Subsidy
GF Departments
$ 126,563
1,024,339
307,058
38,620
926,362
1,993,697
938,169
1,162,719
21,240,044
18,222,767
3,069,638
6,658,188
3,838,185
$ 59,546,349
2,622,883
(1,075,000) (1,075,000)
$ 1,622,382 $ 1,547,883
$ 64,099,900 $ 61,094,232
31.3% $ 126,563
35.5%
-1.3%
0.0%
-6.3%
-4.2%
-24.0%
-8.7%
- 5.6%
- 4.8%
0.0%
970,816
307,058
38,620
926,362
1,893,979
938,169
1,040,879
21,205,435
18, 303,150
2,751,368
-5.7% 6,340,077
-2.2% 3,828,427
- 4.7% $58,670,903
2,481,646
(1,075,000)
- 4.6% $ 1,406,646
- 4.7% $ 60,077,549
0
- 5.2%
0.0%
0.0%
0.0%
-5.0%
0.0%
-10.5%
- 0.2%
0.4%
-10.4%
-4.8%
-0.3%
-1.5%
Dedicated to Excellence, Committed to Service
0.2%
1.6%
0.5%
0.1%
1.5%
3.2%
1.6%
1.7%
35.3%
30.5%
4.6%
10.6%
6.4%
-9.1% 2.3%
-1.7% 100.0 %I
% of
Department
City Manager
%
%
Adopted
Department
Request
Proposed Budget
Change
Adopted Budget
Change
Budget
City Council $ 96,396
City Manager 756,196
City Clerk 311,240
Elections 38,620
City Attorney 988,230
Finance 2,081,637
Information Tech 1,233,790
Human Resources 1,273,496
Police 22,502,426
Fire 19,143,729
Plan & Building 3,069,638
Public Works 7,058,176
Rec & Parks 3,923,944
SubTotal $ 62,477,518
Library 2,697,382
Less: Property Tax
Net GF Subsidy
GF Departments
$ 126,563
1,024,339
307,058
38,620
926,362
1,993,697
938,169
1,162,719
21,240,044
18,222,767
3,069,638
6,658,188
3,838,185
$ 59,546,349
2,622,883
(1,075,000) (1,075,000)
$ 1,622,382 $ 1,547,883
$ 64,099,900 $ 61,094,232
31.3% $ 126,563
35.5%
-1.3%
0.0%
-6.3%
-4.2%
-24.0%
-8.7%
- 5.6%
- 4.8%
0.0%
970,816
307,058
38,620
926,362
1,893,979
938,169
1,040,879
21,205,435
18, 303,150
2,751,368
-5.7% 6,340,077
-2.2% 3,828,427
- 4.7% $58,670,903
2,481,646
(1,075,000)
- 4.6% $ 1,406,646
- 4.7% $ 60,077,549
0
- 5.2%
0.0%
0.0%
0.0%
-5.0%
0.0%
-10.5%
- 0.2%
0.4%
-10.4%
-4.8%
-0.3%
-1.5%
Dedicated to Excellence, Committed to Service
0.2%
1.6%
0.5%
0.1%
1.5%
3.2%
1.6%
1.7%
35.3%
30.5%
4.6%
10.6%
6.4%
-9.1% 2.3%
-1.7% 100.0 %I
Honorable Mayor and August 30, 2004
Councilmembers Page 3
Not included above are the Pension Plan 1079 and 1082 amount of $5,700,000, Non -
Departmental amount of $205,352 and net Transfers Out totaling $3,740,180.
BUDGET ANALYSIS /FINANCIAL IMPACT
Exhibit A summarizes the changes since adoption of the budget.
All of the changes discussed above result in a further use of the Reserves of $2,269,100. The
estimated Fund Balance as of June 30, 2005 would be $14,749,992 or 21.4% of Operating
Expenditures.
Without further action ameliorating the deterioration of the Fund Balance, it is forecast to have
an ending Fund Balance as of June 30, 2006 of $8.5 million or 11.5% of Operating
Expenditures.
RECOMMENDATION
This report is provided for your information.
Respectfully submitted,
tan,'ile -Ann :dyer
Chief Financial Officer
JB:dI
Attachments: Exhibit A — General Fund Revenues
Exhibit B — Revenue Alternatives
Exhibit C — Impacts to Service
G: \FINANCE \COUNCIL \090704 \Staff Report budget.doc
Dedicated to Excellence, Committed to Service
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Final Adopted Budget
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CITY OF ALAMEDA
MEMORANDUM
Date: August 30, 2004
To: Honorable Mayor and
Councilmembers
From: James M. Flint
City Manager
Re: Reconsideration of introduction of Ordinance Amending the Alameda
Municipal Code Regarding Sewer Services Charges and Payments in Lieu of
Taxes as Return on Investments in Enterprise Funds
BACKGROUND
On August 17, 2004, the Council received a recommendation to introduce an ordinance
that would have implemented a change in assessment methodology of the Payment in
Lieu of Taxes (PILOT) and institution of a Return on Investment (ROI). A copy of the
original report and ordinance are attached.
The Council requested a presentation of alternatives at the September 7th meeting.
DISCUSSION /ANALYSIS
Issues raised at the earlier Council meeting are discussed below:
What is the definition of an enterprise fund?
The Governmental Accounting, Auditing, and Financial Reporting handbook published
by the Government Finance Officers Association defines an enterprise fund thusly:
"Proprietary fund type used to report an activity for which a fee is charged to external
users for goods or services."
The Sanitary Sewer Fund fits this definition. Fees are charged for the discharge of
effluent that, by Federal and State law, must be treated. The fees are based on water
consumption. East Bay Municipal Utility District provides this data. Historically, costs are
escalated by the Consumer Price Index (CPI.) This data is provided to the Alameda
County Tax Collector for billing on individual property tax bills. This billing /collection
method was chosen as the most cost effective at the time of implementation. It appears
as an assessment on the property tax bill.
Re: Introduction of Ordinance
Dedicated to Excellence, Committed to Service #5 -G
9 -7 -04
Honorable Mayor and August 30, 2004
Councilmembers Page 2
The FY04 /05 budget includes the following costs:
Cost
PILOT /ROI Allocation Total % of Revs
Sewer $ 465,912 $366,507 $ 832,419 15.09%
What is the difference between enterprises and other city services?
Enterprises charge a fee for their services. Traditionally, city services (e.g. public
safety) are funded by tax revenues and are not directly billed to users. Unfortunately,
these sources no longer are sufficient to fully pay the cost of these services.
Why not eliminate a charge to the Sewer fund and charge more than 1% to the other
enterprise funds to replace the E- 911Fee?
The Sewer fund has continuously paid this fee since it was instituted in 1993. The fee is
included in the current budget and would not impact the resources available for
operation and maintenance as well as the continued planned improvements.
As originally proposed, the funds would make payments as follows:
Sewer
AP &T
Golf
GF Budget 05*
(Short) /over
PILOT
1.00%
ROI
1.00% TOTAL
$ 465,912 $ - $ 465,912
384,421 720,397 1,104,818
160,758 190,576 351, 334
$ 1,011,092 $ 910,972 $ 1,922,064
$ 1,895,000
$ 27,064
Enterprise (over) /under
Budgets 04 -05 Budget
$ 465,912 $ 0
739,000 (365,818)
161,000 (190,334)
$ 1,365,912 $ (556,152)
*Note: this includes the original $1.27 million plus the additional $625,000 supplemental
amount.
The question as posed (e.g., replace the proposed E -911 Fee and eliminate the
payment from the sewer fund) would require payments as follows:
Sewer
AP &T
Golf
GF Budget 05*
(Short) /over
PILOT ROI
1.00% 3.00% TOTAL
$ $
$ 384,421 $ 2,161,190
$ 160,758 $ 571,727
$ 545,179 $ 2,732,917
$ -
$ 2,545,611
$ 732,485
$ 3,278,096
$ 3,296,840
$ (18,744)
Enterprise Over /(under)
Budgets 04 -05 Budget
$ 739,000 $ 1,806,611
$ 161,000 $ 571,485
$ 900,000 $ 2,378,096
Dedicated to Excellence, Committed to Service
Honorable Mayor and August 30, 2004
Councilmembers Page 3
*Note: This includes the original $1.27 million plus the additional $625,000 supplemental
PILOT and the $1.4 million proposed E -911 Fee.
In attempting to substitute an ROI fee for the E -911 fee, an additional $1.8 million would
be required from Alameda P &T and an additional $571,485 would be required from
Golf. These amounts represent 3.2% and 10.3% respectively of current revenues.
Both enterprises have reduced costs to accommodate the increase in PILOT from 1% to
1.5% as had been proposed during the budget workshops and included in the adopted
budget. An increase of the size required to produce the additional $2.0 million ($1.4
million in E -911 fee and $625,000 in PILOT) in one fiscal year would have a substantial
and potentially adverse impact on the current rate structure of both enterprises. Also,
additional costs of this nature will have a substantial impact on the competitive position
of both enterprises, results that could be devastating in nature.
As a point of comparison, the following chart provides a summation of amounts
currently being paid to the general fund by both enterprises:
PILOT Allocation Trsf /Surchq Total % of Revs
AP &T $ 739,000 $655,491 $ 2,500,000 $3,894,491 6.70%
Golf $ 161,000 $383,723 $ 662,321 $1,207,044 21.86%
With the imposition of the 3% ROI as shown above, the following would be the
summation of amounts to be paid to the general fund by both enterprises:
PILOT /ROI Allocation Trsf /Surchq Total % of Revs
AP &T $ 2,545,611 $655,491 $ 2,500,000 $5,701,102 9.80%
Golf $ 732,485 $383,723 $ 662,321 $1,778,529 32.20%
Additional facts that need to be considered in this discussion are:
• The Sewer fund has the capacity to continue payment of the 1% of net assets fee
just as it has over the past 11 years.
• Alameda P &T is assuming responsibility for the street light system with no
change in the streetlight rate (MU2) over two fiscal years. This will result in cost
savings for the general fund and additional annual costs of $300,000 for Alameda
P &T.
• In addition to these costs, any additional fees over those accommodated by cost
reductions, may result in the need to increase rates sooner than otherwise
expected. For instance, at the same time that Alameda P &T is experiencing
pressure to lower rates from PG &E (which is lowering rates for its commercial
Dedicated to Excellence, Committed to Service
Honorable Mayor and August 30, 2004
Councilmembers Page 4
customers), Alameda P &T would also be subject to conflicting pressure to
increase rates to accommodate a higher ROI than originally budgeted. Part of
the "return" that Alameda P &T provides to the City is the lower electric rates its
citizens and businesses receive. Customer savings would be reduced
significantly if Alameda P &T raises its rates.
• The Golf complex experienced approximately 19,000 fewer rounds than had
been anticipated during FY04 resulting in less revenue being collected. An
additional assessment at this time may move the rate beyond the local area
demand resulting in even fewer rounds and less revenue.
BUDGET CONSIDERATION /FINANCIAL IMPACT
The budget, as adopted, included the additional revenue from the PILOT of $625,000.
The budgets of all three enterprises (Sewer, Alameda P &T and Golf) were adopted to
accommodate this increase.
MUNICIPAL CODE CROSS SECTION
See the report of August 9, 2004, attached
RECOMMENDATION
The City Manager recommends introduction and adoption of the ordinance amending
the Alameda Municipal Code regarding sewer services charges and payments in lieu of
taxes as return on investments in other enterprise funds.
Respectfully submitted
elle -An �: oyer
hief Financial Officer
JB:dl
Attachments:
Staff Report dated August 9, 2004
G: \FINANCE \COUNCIL \090704 \PILOT report with Val's Comments.doc
Dedicated to Excellence, Committed to Service
CITY OF ALAMEDA
MEMORANDUM
Date: August 9, 2004
To:
Council - bers
Honorable Mayor and
From: Ja M. lint
City snag: r
Re: Intr• duction •f Ordinance Amending the Alameda Municipal Code Regarding
Sew Service. Charges and Payments in Lieu of Taxes as Return on Investments
in Ente , ise ' unds
BACKGROUND
Alameda Municipal Code Section 3 -28.9 was adopted September 21, 1993. This section
establishes a rate equal to one - percent (1%) of fixed assets in each of the enterprises of the
City of Alameda as of June 30th of the prior fiscal year. This rate generates approximately
$1.2 million per fiscal year. The purpose of a payment in lieu of taxes (PILOT) is to replace
property taxes that would otherwise be provided if said property were owned by a private
entity.
DISCUSSION /ANALYSIS
During the budget discussion process, Council reviewed various revenue alternatives. An
increase to the rate of the PILOT was recommended as one of the revenue strategies to
close the General Fund budget "gap" (difference between revenues and expenditures). The
Council, by consensus, agreed to consider the proposed increase from 1% of fixed assets to
1.5% of fixed assets.
Payment In Lieu of Taxes (PILOT)
After further review by legal counsel, it was recommended that the basis of the PILOT .be
amended to use different bases for the Sewer Enterprise than for Golf or Alameda Power &
Telecom (Alameda P &T) in order to conform to requirements of Proposition 218 adopted in
1997. The PILOT would be changed to the following:
• Sewer Enterprise 1% of fixed assets as of the preceding June 30th
• Golf /Alameda P &T 1% of fixed assets as of June 30, 1993, adjusted for
the lesser of Consumer Price Index (CPI) or 2%
Dedicated to Excellence, Committed to Service
Re: Introduction of Ordinance
#4 -D CC
8 -17 -04
Honorable Mayor and
Councilmembers
Return on Investment (ROI)
August 9, 2004
Page 2
Further, it was recommended that a new element be added called Return on Investment
(ROI). This methodology has been tested and can be applicable to Alameda P &T and the
Golf Enterprise. The PILOT methodology adjusts 1993 assets for inflation whereas the ROI
methodology uses the current book value of assets and accounts for the additions and
deletions to assets each year. These changes and the inclusion of the exemption
procedures for the Sewer enterprise are necessitated by the requirements of Proposition 218
and address issues unique to the Sewer enterprise.
• Golf and Alameda P &T 1% of fixed assets as of the preceding June 30th
The departments /enterprises assessed the PILOT are Golf, Sewer and Alameda P &T. The
ROI is applicable to Golf and Alameda P &T. Each of the responsible department heads has
reviewed the proposed changes and has indicated that this rate increase can be
accommodated.
BUDGET CONSIDERATION /FINANCIAL IMPACT
The recently adopted Fiscal Year 2004 -2005 Budget included an additional $625,000 in
anticipation of Council's adoption of the proposed ordinance increasing the PILOT rate from
one percent (1 %) to one and one -half percent (1.5 %). The ordinance amendments as
presented, while changing the bases and methodology, still achieve this new revenue target.
MUNICIPAL CODE CROSS REFERENCE
Sections 3 -28.9 Payment In -Lieu of Taxes (PILOT), Section 3 -28 is amended to add Section
3 -28.10 Return on Investment in Enterprise Funds. Section 18 -4 is amended to add the
Exemptions for Sewer services.
RECOMMENDATION
The City Manager recommends introduction and adoption of the ordinance amending the
Alameda Municipal Code regarding sewer services charges and payments in lieu of taxes as
return on investments in enterprise funds.
Respectfully submitted
dr Ie -Ann B vtler
JAB:dI
Attachments
G:\FINANCE \COUNCIL\081704 \Staff Report PILOT rev 2.doc
hief Financial Officer
Dedicated to Excellence, Committed to Service
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CITY OF ALAMEDA ORDINANCE NO.
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY AMENDING
SUBSECTION 3 -28.9 (PAYMENT IN-LIEU OF TAXES — (PILOT);
ADDING A NEW SUBSECTION 3 -28.10 (RETURN ON
INVESTMENT IN ENTERPRISE FUNDS) OF SECTION 3 -28
(PAYMENT OF TAXES) OF CHAPTER III (FINANCE AND
TAXATION) AND ADDING A NEW SUBSECTION 18 -4.10
(EXEMPTIONS) OF SECTION 18 -4 (SEWER SERVICE CHARGE) OF
ARTICLE 1 (SEWERS) OF CHAPTER XVIII (SEWER AND WATER)
BE IT ORDAINED by the Council of the City of Alameda that:
Section 1. The Alameda Municipal Code is hereby amended by amending
Subsection 3 -28.9 (Payment In -Lieu of Taxes — PILOT) of Section 3 -28 (Payment of
Taxes) of Chapter III (Finance and Taxation) to read as follows:
3 -28.9 Payment In -Lieu of Taxes (PILOT).
City Enterprise Funds shall annually pay one (1 %) percent of fixed assets
in lieu of taxes. The basis for the tax shall be the value of fixed assets at June 30th of the
preceding year for the sewer fund and, for all other enterprise funds, the value of fixed
assets as of June 30, 1993 adjusted annually for inflation since that date in the amount of
the lesser of 2% or the increase in the Consumer Price Index for All Urban Consumers
for the San Francisco Bay Area published by the Bureau of Labor Statistics of the United
States Department of Labor or any successor to that index.
Section 2. The Alameda Municipal Code is hereby amended by adding a new
Subsection 3 -28.10 (Return on Investment in Enterprise Funds) of Section 3 -28 (Payment
of Taxes) of Chapter III (Finance and Taxation) to read as follows:
3 -28.10 Return on Investment in Enterprise Funds.
As permitted by Hansen v. City of San Buena Ventura, 42 Ca1.3d 1172
(1986), each of the city's enterprise funds, other than the sewer service fund, shall make
an annual payment to the General Fund, as a return on the City's investment in the assets
of the enterprise fund, of 1% of the value of its fixed assets as of June 30, 2004 adjusted
annually for inflation after that date in the amount of the lesser of 2% or the increase in
the Consumer Price Index for All Urban Consumers for the San Francisco Bay Area
published by the Bureau of Labor Statistics of the United States Department of Labor, or
any successor to that index.
Introduction of Ordinance # 4 -D CC
8 -17 -04
Section 3. The Alameda Municipal. Code is hereby amended by adding a new
Subsection 18 -4.10 (Exemptions) to Section 18 -4 (Sewer Service Charge) of Article I
(Sewers) of Chapter XVIII (Sewer and Water) thereof to read:
18 -4.10 Exemptions.
(a) The sewer service charge is imposed to recover the cost of providing
sewer services to those who choose to make use of those services, as evidenced by an
active water meter, electric meter, or other evidence of sewer use deemed reliable by the
Public Works Director. Any person subject to the charge imposed under this Section
may receive a temporary exemption from the sewer service charge imposed by this
Section to the extent that he or she can demonstrate to the satisfaction of the Public
Works Director that the premises with respect to which the charge is imposed are vacant
or, for some other reason, no person made use of sewer services on those premises for at
least thirty (30) consecutive days. Evidence that either water or power was not consumed
on the premises for that time shall be sufficient evidence of vacancy to justify an
exemption for that period of non -use under this subsection.
(b) The Public Works Director may promulgate regulations for the
submission, processing, decision, and appeal of such applications for exemption, which
regulations shall take effect once published in the manner required by Section 3 -14 of the
Charter of the City of Alameda for publication of ordinances of the City.
Section 4. If any section, subsection, sentence, clause or phrase of this ordinance
is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this ordinance. The City Council
of the City of Alameda hereby declares that it would have passed this ordinance, and each
section, subsection, sentence, clause, or phrase hereof, irrespective of the fact that any
one or more sections, subsections, sentences, clauses or phrases hereof be declared
invalid or unconstitutional.
Section 5. To the extent the provisions of the Alameda Municipal Code as
amended by this ordinance are substantially the same as the provisions of that Code in
effect prior to the adoption of this ordinance, those provisions shall be construed as
continuations of those prior provisions and not as new enactments.
Section 6. 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 as provided in Section 3-
12 of the Charter of the City of Alameda.
Presiding Officer of the City Council
Attest:
Lara Weisiger, 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, City Clerk
City of Alameda
CITY OF ALAMEDA ORDINANCE NO.
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY AMENDING
SUBSECTION 3 -28.9 (PAYMENT IN-LIEU OF TAXES — (PILOT);
ADDING A NEW SUBSECTION 3 -28.10 (RETURN ON
INVESTMENT IN ENTERPRISE FUNDS) OF SECTION 3 -28
(PAYMENT OF TAXES) OF CHAPTER III (FINANCE AND
TAXATION) AND ADDING A NEW SUBSECTION 18 -4.10
(EXEMPTIONS) OF SECTION 18 -4 (SEWER SERVICE CHARGE) OF
ARTICLE 1 (SEWERS) OF CHAPTER XVIII (SEWER AND WATER)
BE IT ORDAINED by the Council of the City of Alameda that:
Section 1. The Alameda Municipal Code is hereby amended by amending
Subsection 3 -28.9 (Payment In -Lieu of Taxes — PILOT) of Section 3 -28 (Payment of
Taxes) of Chapter III (Finance and Taxation) to read as follows:
3 -28.9 Payment In -Lieu of Taxes (PILOT).
City Enterprise Funds shall annually pay one (1 %) percent of fixed assets
in lieu of taxes. The basis for the tax shall be the value of fixed assets at June 30th of the
preceding year for the sewer fund and, for all other enterprise funds, the value of fixed
assets as of June 30, 1993 adjusted annually for inflation since that date in the amount of
the lesser of 2% or the increase in the Consumer Price Index for All Urban Consumers
for the San Francisco Bay Area published by the Bureau of Labor Statistics of the United
States Department of Labor or any successor to that index.
Section 2. The Alameda Municipal Code is hereby amended by adding a new
Subsection 3 -28.10 (Return on Investment in Enterprise Funds) of Section 3 -28 (Payment
of Taxes) of Chapter III (Finance and Taxation) to read as follows:
3 -28.10 Return on Investment in Enterprise Funds.
As permitted by Hansen v. City of San Buena Ventura, 42 Cal.3d 1172
(1986), each of the city's enterprise funds, other than the sewer service fund, shall make
an annual payment to the General Fund, as a return on the City's investment in the assets
of the enterprise fund, of 1% of the value of its fixed assets as of June 30, 2004 adjusted
annually for inflation after that date in the amount of the lesser of 2% or the increase in
the Consumer Price Index for All Urban Consumers for the San Francisco Bay Area
published by the Bureau of Labor Statistics of the United States Department of Labor, or
any successor to that index.
Introduction of Ordinance #5 -G
9 -7 -04
Section 3. The Alameda Municipal Code is hereby amended by adding a new
Subsection 18 -4.10 (Exemptions) to Section 18 -4 (Sewer Service Charge) of Article I
(Sewers) of Chapter XVIII (Sewer and Water) thereof to read:
18 -4.10 Exemptions.
(a) The sewer service charge is imposed to recover the cost of providing
sewer services to those who choose to make use of those services, as evidenced by an
active water meter, electric meter, or other evidence of sewer use deemed reliable by the
Public Works Director. Any person subject to the charge imposed under this Section
may receive a temporary exemption from the sewer service charge imposed by this
Section to the extent that he or she can demonstrate to the satisfaction of the Public
Works Director that the premises with respect to which the charge is imposed are vacant
or, for some other reason, no person made use of sewer services on those premises for at
least thirty (30) consecutive days. Evidence that either water or power was not consumed
on the premises for that time shall be sufficient evidence of vacancy to justify an
exemption for that period of non -use under this subsection.
(b) The Public Works Director may promulgate regulations for the
submission, processing, decision, and appeal of such applications for exemption, which
regulations shall take effect once published in the manner required by Section 3 -14 of the
Charter of the City of Alameda for publication of ordinances of the City.
Section 4. If any section, subsection, sentence, clause or phrase of this ordinance
is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this ordinance. The City Council
of the City of Alameda hereby declares that it would have passed this ordinance, and each
section, subsection, sentence, clause, or phrase hereof, irrespective of the fact that any
one or more sections, subsections, sentences, clauses or phrases hereof be declared
invalid or unconstitutional.
Section 5. To the extent the provisions of the Alameda Municipal Code as
amended by this ordinance are substantially the same as the provisions of that Code in
effect prior to the adoption of this ordinance, those provisions shall be construed as
continuations of those prior provisions and not as new enactments.
Section 6. 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 as provided in Section 3-
12 of the Charter of the City of Alameda.
Presiding Officer of the City Council
Attest:
Lara Weisiger, 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, City Clerk
City of Alameda
CITY OF ALAMEDA
MEMORANDUM
Date:
To:
From:
Re:
BAC
August 25, 2004
Honora • e Mayor and
Coun• members
he City Council Regarding Financial Support to Alameda Unified
rict Included in the FY 04 -05 Budget
At its July 20, 2004 meeting, the City Council considered and adopted the Financial
Plan for FY 2004 -05 and 2005 -06. The Council directed staff to return the General
Fund support to the Alameda Unified School District (AUSD) for further consideration.
The Council excepted from this further consideration the support for Crossing Guards.
At its August 3, 2004, meeting, the Council directed the report be returned and include
all funds providing support to AUSD.
DISCUSSION /ANALYSIS
The largest portion of the financial support provided to AUSD originates with the Police
Department. It should be noted that AUSD is reimbursing the Police Department for
overtime costs to staff AUSD events. During the budget workshops, these items were
discussed and are reflected in the Comments section of the attachment.
There has been minimal discussion of the remaining items provided by the General
Fund. The alternative, in most cases, is to provide the same service for the appropriate
fee. An exception is the Urban Runoff Fee. The alternative in this case is to bill AUSD.
In the case of the Collaborative for Children, Youth and Families, a General Fund
allocation supports the Collaborative, which includes the AUSD in its membership.
Of the other funds, Alameda Power & Telecom is the next largest contributor. The
largest share of that contribution is through rates lower than the cost to provide the
service, a foregone revenue. It should be noted that a 5% rate increase was effective
July 2004.
Dedicated to Excellence, Committed to Service
Report #5 -G (AUSD Financial
Support)
9 -7 -04
Honorable Mayor and August 25, 2004
Councilmembers Page 2
The third largest contribution is from the ARRA in the form of foregone rent to
Alternatives in Action for the HOME Project and BASE Charter School. This benefit
does not directly accrue to AUSD. The Woodchip After School Program is funded
through the CDBG program. AUSD is the fiscal agent for this grant, which, along with
other federal and state grant funds, provides academic and enrichment activities directly
to children at Chipman and Woodstock schools.
BUDGET ANALYSIS /FINANCIAL IMPACT
These items are included in the Budget as adopted but remain sequestered (e.g. not
available for use) until completion of the Council's review and direction.
RECOMMENDATION
This information is provided for your information and further direction.
Respectfully submitted
James M. Flint
City Manager
By: elle -Ann
4
4r, oyer
Chief Financial Officer
J B/d l
Attachment
G: \FINANCE \COUNCIL \090704 \Staff Report AUSD Support081904 REVISED.doc
Dedicated to Excellence, Committed to Service
$548,0661
City of Alameda
Financial Support to AUSD
Voluntary Contributions (FY 2003 -04)
General Fund Only
Dept
Program
Amount
Comments
Police
Planning & Building
Recreation & Parks
Miscellaneous Items
AUSD Support.xls
School Resource Officers (3)
$374,506
$419,506'
Payment by General Fund of fee on behalf of AUSD
DARE Program
$20,000
Overtime, staffing AUSD events
$25,000
Total
Administrative Fee for collection
of school fees
Athletic field dragging
'Urban Runoff Fee
Collaborative for Children, Youth
and Their Families
$22,527
$8,500
$0
$0
$ 72,533
$0
$ 25,000
GENERAL FUND TOTAL
Chief Matthews during Budget workshops
recommended retention of this program as an
important effort in preventative activities. Removal of
the financial support to AUSD would mean either billing
AUSD for the service, the reduction of three positions
or redirection of current staff to other activities.
Chief Matthews during Budget workshops
recommended retention of this program. Removal of
the financial support to AUSD would mean either billing
AUSD for the service or loss of the program. Staff time
would be redirected.
During the Budget workshops, Council directed Chief
Matthews to negotiate reimbursement for these
services. AUSD is currently reimbursing this time.
Foregone Revenue
Foregone Revenue. Parks staff prepares baseball in-
fields at 4 parks and College of Alameda Hardball
Field. Preparation includes dragging /tilling and leveling
the in- fields requiring approximately 2 hrs per field.
Work is done for 2 teams at Alameda High and 2
teams at Encinal High. This work does not include
lining the fields which Alameda High does for
themselves but which Encinal High pays the City
$23 /field to do the work.
Waiver of fees for street signs to advertise District
activities. Foregone Revenue - $268.95/2 weeks
Provide space in the Veteran's Building for special
District programs. Foregone revenue is $35 /hr plus
$300 deposit (cleaning & security)
Payment by General Fund of fee on behalf of AUSD
Provide use of Council Chambers for District's twice-
monthly Board meetings. There is currently no
adopted fee for use of the Council Chambers.
However, $57 /hr is the calculated reasonable cost
recovery rate.
Funding and staff time; technical assistance
$ 283,662)
City of Alameda
Financial Support to AUSD
Voluntary Contributions (FY 2003 -04)
Other Funds
Dept
Program
Amount
Comments
Development Services
Golf
Home Project rent reduction provided
by ARRA
$ 50,000
Youth Employment Activities
$ 7,000
Superintendent's Woodstock Advisor
Team
$ 3,650
Woodchip After School Program
$ 15,000
Even Start Family Literacy Program
$ 3,650
Total
$ 79,300
(Green Fees for high school teams
Alameda Power & Telecom
$ 40,912
Energy Education Program in schools
$ 12,400
Donations and scholarships
$ 5,050
Electric rate increase delayed FY04
$ 146,000
Total
$ 163,450
I ALLOTHER FUNDS TOTAL
Note:
General Fund
Excluded: Crossing Guards
Check Total: Report dated May 5, 2004
AUSD Support.xls
$548,066
$ 179,624
$1,011,352
Alternatives in Action /HOME project for
BASE Charter School. Benefit does not
accrue directly to AUSD
In Kind Assistance: Staff time; technical
assistance and fiscal administration.
CDBG Funds used in support of staff time.
In Kind Assistance: Staff time; technical
assistance. CDBG Funds used in support
of staff time
Funding; AUSD is the fiscal agent for this
plus other federal and state grants.
In Kind Assistance: Staff time; technical
assistance. CDBG Funds used in support
of staff time
Foregone revenues
Public Purpose porgram funds: technical
assistance
Funding
Foregone revenue; 5% Rate increase
effective July 2004; Remains 15% below
cost to serve.
w
CITY OF ALAMEDA ORDINANCE NO.
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY ADDING A
NEW SECTION 24 -9 (RELEASES OF HAZARDOUS MATERIALS —
COST RECOVERY) TO CHAPTER XXIV (PUBLIC HEALTH),
AUTHORIZING THE RECOVERY OF COSTS INCURRED FOR THE
ABATEMENT OF HAZARDOUS MATERIALS RELEASES
BE IT ORDAINED by the Council of the City of Alameda that:
Section 1. The Alameda Municipal Code is hereby amended to add a new Section
24 -9 (Releases of Hazardous Materials — Cost Recovery) to Chapter XXIV (Public
Health) to read as follows:
24 -9 RELEASES OF HAZARDOUS MATERIALS — COST RECOVERY
24 -9.1 PURPOSE AND AUTHORITY
This Section is enacted pursuant to the charter authority of the City as well as
pursuant to Government Code Sections 38773 et seq. The purpose of this Section is to
require persons who are responsible for hazardous materials releases in the City to
reimburse the City for the cost of abatement of such releases.
24 -9.2 DEFINITIONS
The following definitions shall apply to the construction of this section except where the
context clearly indicates another meaning was intended:
(a ) "Abatement" means any emergency response, non-emergency response,
,
enforcement or other effort to prevent, mitigate or remedy the actual or potential
consequences of a hazardous materials release.
(b) "Cost of abatement" means the direct and indirect cost actually incurred
by the City for the abatement of a hazardous material release. Costs shall include, but not
be limited to, labor costs of City personnel, including benefits and administrative
overhead; any costs incurred for equipment, materials, and/or contract services; any costs
incurred for supervision or verification of the abatement of a hazardous materials release
pursuant to subsection 24- 9.5(b) of this Code; any costs incurred by the City regarding
the processing and recording of a lien and providing notice to a property owner as a part
of its foreclosure action to enforce a lien as authorized by Government Code Section
38773.1(c)(4); and any other cost incurred by the City in the enforcement of this Section.
(c) "Hazardous material" means any material that, because of its quantity,
concentration, or its physical or chemical characteristics, poses a significant actual or
potential hazard to human health or safety or to the environment if released onto public or
Final Passage of Ordinance #5 -H
9 -7 -04
private property or released into the environment. "Hazardous material" includes, but is
not limited to, "hazardous waste" as that term is defined in subsection 30 -2(b) of this
Code, and any material which the Fire Department or its agent reasonably believes poses
a significant actual or potential hazard to human health or safety or to the environment if
released onto public or private property or released into the environment, whether or not
that material is subsequently determined to be actually or potentially hazardous.
(d) "Hazardous materials release" means: (1) the threatened or actual
release, discharge, deposit, or abandonment of any hazardous material on public or
private property in the City, (2) the threatened or actual release of hazardous material into
the environment from public or private property in the City, and (3) the improper storage
or improper use of any hazardous material in the City that threatens to or does release,
discharge, deposit, abandon any hazardous material on public or private property, or
threatens to or does release any hazardous material into the environment.
(e)
"Person" has the meaning set forth in subsection 1 -2 of this Code.
(f) `Responsible person" means any or all of the persons listed in subsection
24 -9.4 of this Code.
24 -9.3 RELEASE OF HAZARDOUS MATERIALS DECLARED A NUISANCE
(a) The City Council of the City of Alameda, acting under the authority
granted by the City Charter and Government Code Section 38771, hereby declares that
any hazardous materials release in the City of Alameda is a public nuisance subject to
summary abatement and is also a violation of this Code.
(b) The Fire Department is authorized to provide, or to contract for another to
provide, for the abatement of any hazardous materials release in the City.
24 -9.4 RESPONSIBLE PERSONS LIABLE FOR COSTS
Each of the following persons is jointly and severally liable to the City for cost of
abatement of a hazardous materials release in the City:
(a) Any person whose negligent or willful act or omission was a proximate
cause of the hazardous materials release;
(b) Any person who owned or had custody or control of the hazardous
material at the time of the hazardous materials release, without regard to fault or
causation;
(c) Any person who owned or had custody or control of the container that
held the hazardous material at the time of, or immediately prior to, the hazardous
materials release, without regard to fault or causation;
(d) Any person who owned or was in possession of the property on which or
from which the hazardous materials release occurred, without regard to fault or causation;
(e) Any person who, by contract or otherwise, arranged for the disposal,
treatment, or transport of the hazardous material, without regard to fault or causation, if
the hazardous materials release occurred during disposal, treatment, or transport.
(f) Any person who accepted hazardous materials for transport, without
regard to fault or causation, if the hazardous materials release occurred during transport.
24 -9.5 ABATEMENT BY ORDER OF FIRE CHIEF
(a) Study Order. In the event the Fire Chief or his or her designee reasonably
determines that a hazardous materials release may have occurred, he or she may order the
responsible person to perform, at the cost of the responsible person, investigative studies
to determine the existence, nature and extent of the hazardous materials release. If the
responsible person fails to comply within the time specified in such an order, the Fire
Chief or his or her designee may take any necessary corrective action at the responsible
person's cost.
(b) Clean-up Order. In the even that the Fire Chief or his or her designee
reasonably determines that a hazardous materials release has occurred in the City, he or
she may order the responsible person to accomplish, or cause to be accomplished, at the
responsible person's cost, the abatement of the hazardous materials release. If the
responsible person fails to comply within the time specified in such an order, the Fire
Chief or his or her designee may take any necessary corrective action, including but not
limited to, abatement of the hazardous materials release by the City or its agents at the
responsible person's cost.
(c) Supervision. The Fire Chief or his or her designee may take such action is
necessary to supervise and to verify the adequacy of any abatement pursuant to
subsection 24- 9.5(b) of this Code.
24 -9.6 COST RECOVERY
(a) A responsible person shall pay the City the costs of abatement and costs
due under subsection 24 -9.5 of this Code within thirty (30) days of the date of a bill
issued for those costs.
(b) If a responsible person fails to make payment to the City as required by
subsection 24- 9.6(a) of this Code, then the City may enforce that payment obligation
against that responsible person in a debt action or enforce the payment obligation as a
lien or special assessment in the manner provided in subsection 13 -9.4 of this Code and
as required by Government Code Section 38773.1 or Government Code Section 38771.5,
as the case may be.
(c) In any action or proceeding to enforce the obligations of a responsible
person under this Section 24 -9 in which the City elects, at the initiation of that action or
proceeding, to seek recovery of its own attorneys' fees, the prevailing party shall be
awarded its attorneys' fees actually and reasonably incurred in the prosecution or defense
of the action or proceeding.
(d) Upon entry of a second or subsequent civil or criminal judgment within a
two -year period finding that an owner of property is responsible for a hazardous materials
release with respect to his, her or its property, the court may order that person to pay
treble the costs of abatement.
24 -9.7 REMEDIES CUMULATIVE
The authority and remedies established by this Section 24 -9 are in addition to any
other remedy and authority established by any federal, state, or local law and resort to
any lawful remedy shall not constitute an election that waives the right to pursue any
other remedy permitted by law
24 -9.8 ABATEMENT IS DISCRETIONARY
Nothing in this Section 24 -9 shall create a right in any person to compel, or a duty
in, the City to abate any hazardous materials release. Enforcement of this Section 24 -9
by the City constitutes discretionary action within the meaning of Government Code
Section 820.2.
Section 2. If any section, subsection, sentence, clause or phrase of this ordinance
is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this ordinance. The City Council
of the City of Alameda hereby declares that it would have passed this ordinance, and each
section, subsection, sentence, clause, or phrase hereof, irrespective of the fact that any
one or more sections, subsections, sentences, clauses or phrases hereof be declared
invalid or unconstitutional.
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 as provided in Section 3-
12 of the Charter of the City of Alameda.
Presiding Officer of the City 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
CURRENT APPLICATIONS
TRANSPORTATION COMMISSION
ONE (1) VACANCY
INCUMBENTS ELIGIBLE FOR REAPPOINTMENT
Thomas G. Bertken
Shriley Clem, Incumbent
Jeff Knoth
Francisco J. Lira
Richard Neveln
Jonathan Soglin
Jon Spangler, Incumbent
Elizabeth Tuckwell
Council Communication #7 -A
9 -7 -04