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2004-10-19 PacketTime: Place: Agenda: CITY OF ALAMEDA•CALIFORNIA SPECIAL MEETING OF THE CITY COUNCIL TUESDAY - - - OCTOBER 19, 2004 - - - 5:45 P.M. Tuesday, October 19, 2004, 5:45 p.m. City Council Chambers Conference Room, City Hall, corner of Santa Clara Avenue and Oak Street. 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. WORKERS' COMPENSATION CLAIM (54956.95) Claimant: Gary Purnell. Agency Claimed Against: City of Alameda. 3 -B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9. Number of cases: One. 3 -C. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of exposure to litigation pursuant to subdivision (c) of Section 54956.9. Number of cases: One. 4. Announcement of Action Taken in Closed Session, if any. Adjournment CITY OF ALAMEDA•CALIFORNIA SPECIAL MEETING OF THE COMMUNITY IMPROVEMENT COMMISSION TUESDAY - - - OCTOBER 19, 2004 - - - 6:35 P.M. Time: Tuesday, October 19, 2004, 6:35 p.m. Place: City Council Chambers Conference Room, City Hall, corner of Santa Clara Avenue and Oak Street. Agenda: 1. Roll Call. 2. Public Comment on Agenda Items Only. Anyone wishing to address the Commission on agenda items only, may speak for a maximum of 3 minutes per item. 3. Adjournment to Closed Session to consider: CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: 2315 -2319 Central Avenue. Negotiating parties: John Cocores and Community Improvement Commission. Under negotiation: Price and terms of payment. 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 - - - OCTOBER 19, 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 CALENDAR 1 -A. Minutes of the Special Joint Community Improvement Commission (CIC) and Housing Authority Board of Commissioners Meeting of September 1, 2004; the Special CIC Meetings of September 7, 2004; the Special CIC Meeting of September 16, 2004; the Special CIC Meeting of September 21, 2004; and the Special Joint City Council and CIC Meeting of October 5, 2004. 1 -B. Recommendation to enter into an Exclusive Negotiation Agreement with MovieTECS for the Redevelopment of the Alameda Theatre to complete a Disposition and Development Agreement with MovieTECS. 1 -C. Recommendation to amend the amended contract with Architectural Resources Group by increasing fees $43,550 to provide additional pre - planning services for the proposed Alameda Theatre /Cinema Multiplex /Parking Structure Project. 1.D. Recommendation to amend the contract with Michael Stanton Architects to provide additional pre - planning services for the proposed Historic Alameda Theatre Parking Structure and Cineplex Project, amount not to exceed $37,500. AGENDA ITEM 2 -A. Public Hearing to consider adoption of the Implementation Plan for the Business and Waterfront and West End Community Improvement projects; and • Adoption of Resolution of the Community Improvement Commission of the City of Alameda Approving and Adopting the Five Year Implementation Plan for the Business and Waterfront and West End Community Improvement Projects. 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 OCTOBER 19, 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 5:45 P.M. CITY COUNCIL CHAMBERS, Conference Room Separate Agenda (Closed Session) SPECIAL MEETING OF THE COMMUNITY IMPROVEMENT 6:35 P.M. COMMISSION, CITY COUNCIL CHAMBERS 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. Proclamation honoring Gold Medalist Mikhaila Rutherford of Alameda on her outstanding performance at the September 2004 Paralympics games held in Athens, Greece. 3 -B. Proclamation declaring the week of October 17 through 23 as National Business Women's Week as sponsored by Isle City of Alameda Business & Professional Women. [To be accepted by Phyllis Reaney and Kimberlee Garfinkle of Island City of Alameda /Business and Professional Women.] 3 -C. Proclamation declaring October 2004 as Domestic Violence Awareness month. [To be accepted by Pastor Gretchin Rotz.] 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, the Special Joint City Council and Community Improvement Commission Meeting, and Regular City Council Meeting held on October 5, 2004; and the Special City Council Meeting held on October 6, 2004. 4 -B. Recommendation to accept the work of Spencon Construction, Inc. for repair of Portland cement, concrete sidewalk curb, gutter, driveway and minor street patching, Fiscal Year 2003/2004, No. P. W. 07- 03 -15. 4 -C. Adoption of Resolution Approving Tentative Parcel Map No. 8474 (2430 -2490 Mariner Square Loop). 4 -D. Bills for ratification. 5. REGULAR AGENDA ITEMS 5 -A. Adoption of Resolution Appointing Michael K. Rich as a Member of the Civil Service Board. 5 -B. Adoption of Resolution Reappointing Sandre Swanson as a Member of the Golf Commission. 5 -C. Adoption of Resolution Appointing Rebecca L. Kohlstrand Parsons as a Member of the Planning Board. 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. Discussion of the Lower Lake Rancheria Koi Nation's proposal to develop the Crystal Bay casino in the City of Oakland at Swan Way and Pardee Drive. [Mayor Johnson] 7 -B. Discussion of Management Practice No. 35 - Use of City Meeting Rooms by Non -City Groups. [Mayor Johnson and Vice Mayor Daysog] 7 -C. Consideration of Mayor's nominations for appointment to the Housing and Building Code Hearing and Appeals Board. 7 -D. Consideration of Mayor's nomination for appointment to the Housing Commission (Tenant Seat). 8. ADJOURNMENT The November 2, 2004 Regular City Council Meeting will be adjourned to Wednesday, November 3, 2004 due to the November 2, 2004 General Municipal Election. • For use in preparing the Official Record, speakers reading a written statement are invited to submit a copy to the City Clerk at the meeting or e -mail to: lweisige @ci.alameda.ca.us • Sign language interpreters will be available on request. Please contact the City Clerk at 747 -4800 or TDD number 522 -7538 at least 72 hours prior to the Meeting to request an interpreter. • Equipment for the hearing impaired is available for public use. For assistance, please contact the City Clerk at 747 -4800 or TDD number 522 -7538 either prior to, or at, the Council Meeting. • Accessible seating for persons with disabilities, including those using wheelchairs, is available. • Minutes of the meeting available in enlarged print. • Audio Tapes of the meeting are available upon request. • Please contact the City Clerk at 747 -4800 or TDD number 522 -7538 at least 48 hours prior to the meeting to request agenda materials in an alternative format, or any other reasonable accommodation that may be necessary to participate in and enjoy the benefits of the meeting. CITY OF ALAMEDA MEMORANDUM To: From: Date: Honorable Mayor and C cilmem James M. City Mana October 4, 2004 Re: Special Me ', • . the City Council, Special Meeting of the Community Improvement Commission, and Regular City Council Meeting of October 19„ 2004 Transmitted are the agenda and related materials for the October 19, 2004 meetings: SPECIAL MEETING OF THE CITY COUNCIL 3A. Workers' compensation claim (54956.95) 3B. Conference with Legal Counsel — Anticipated Litigation 3C. Conference with Legal Counsel — Anticipated Litigation SPECIAL MEETING OF THE COMMUNITY IMPROVEMENT COMMISSION 3. Conference with real property negotiator SPECIAL MEETING OF THE COMMUNITY IMPROVEMENT COMMISSION 1 -A. Minutes of the Special Joint Community Improvement Commission (CIC) and Housing Authority Board of Commissioners Meeting of September 1, 2004; the Special CIC Meetings of September 7, 2004; the Special CIC Meeting of September 16, 2004; the Special CIC Meeting of September 21, 2004; and the Special Joint City Council and CIC Meeting of October 5, 2004. 1 -B. Recommendation to enter into an Exclusive Negotiation Agreement with MovieTECS for the Redevelopment of the Alameda Theatre to complete a Disposition and Development Agreement with MovieTECS. This limited Exclusive Negotiating Agreement requires MovieTECS to complete tasks necessary to draft and complete a DDA for the proposed Dedicated to Excellence • Committed to Service Honorable Mayor and October 14, 2004 Councilmembers Page 2 redevelopment of the Alameda Theatre. 1 -C. Recommendation to amend the amended contract with Architectural Resources Group by increasing fees $43,550 to provide additional pre - planning services for the proposed Alameda Theatre /Cinema Multiplex /Parking Structure Project. 1.D. This amendment authorizes ARG to perform additional work required by the redesign of the proposed Alameda Theatre project. Recommendation to amend the contract with Michael Stanton Architects to provide additional pre - planning services for the proposed Historic Alameda Theatre Parking Structure and Cineplex Project, amount not to exceed $37,500. This amendment authorizes Michael Stanton Architects to perform additional pre - planning services, including the development of preliminary cost estimates, required by the redesign of the proposed Alameda Theatre project. AGENDA ITEM 2 -A. Public Hearing to consider adoption of the Implementation Plan for the Business and Waterfront and West End Community Improvement projects; and • Adoption of Resolution of the Community Improvement Commission of the City of Alameda Approving and Adopting the Five Year Implementation Plan for the Business and Waterfront and West End Community Improvement Projects. This public hearing provides an opportunity for the public to discuss the proposed updated Implementation Plan for the BWIP and WECIP redevelopment areas. The Implementation Plan identifies programs focused on the goals of each redevelopment area. CITY COUNCIL AGENDA 3 -A. Proclamation honoring Gold Medalist Mikhaila Rutherford of Alameda on her outstanding performance at the September 2004 Paralympics games held in Athens, Greece. Dedicated to Excellence • Committed to Service Honorable Mayor and October 14, 2004 Councilmembers Page 3 3 -B. Proclamation declaring the week of October 17 through 23 as National Business Women's Week as sponsored by Isle City of Alameda Business & Professional Women. [To be accepted by Phyllis Reaney and Kimberlee Garfinkle of Island City of Alameda /Business and Professional Women.] 3 -C. Proclamation declaring October 2004 as Domestic Violence Awareness month. [To be accepted by Pastor Gretchin Rotz.] 4. CONSENT CALENDAR 4 -A. Minutes of the Special City Council Meeting, the Special Joint City Council and Community Improvement Commission Meeting, and Regular City Council Meeting held on October 5, 2004; and the Special City Council Meeting held on October 6, 2004. 4 -B. Recommendation to accept the work of Spencon Construction, Inc. for repair of Portland cement, concrete sidewalk curb, gutter, driveway and minor street patching, Fiscal Year 2003/2004, No. P. W. 07- 03 -15. The City Manager recommends acceptance of this work. 4 -C. Adoption of Resolution Approving Tentative Parcel Map No. 8474 (2430 -2490 Mariner Square Loop). Adoption of this resolution approves a tentative parcel map for a parcel of land bounded by Mariner Square Loop and the Webster Street portal tube. The Planning Board recommends approval. 4 -D. Bills for ratification. 5. REGULAR AGENDA ITEMS 5 -A. Adoption of Resolution Appointing Michael K. Rich as a Member of the Civil Service Board. 5 -B. Adoption of Resolution Reappointing Sandre Swanson as a Member of the Golf Commission. 5 -C. Adoption of Resolution Appointing Rebecca L. Kohlstrand Parsons as a Member of Dedicated to Excellence e Committed to Service Honorable Mayor and October 14, 2004 Councilmembers Page 4 the Planning Board. 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. Discussion of the Lower Lake Rancheria Koi Nation's proposal to develop the Crystal Bay casino in the City of Oakland at Swan Way and Pardee Drive. [Mayor Johnson] This item was placed on the agenda at the request of Mayor Johnson. 7 -B. Discussion of Management Practice No. 35 - Use of City Meeting Rooms by Non - City Groups. [Mayor Johnson and Vice Mayor Daysog] This item was placed on the agenda at the request of Mayor Johnson and Vice Mayor Daysog. A copy of Management Practice 35 is included for your information in the agenda packet. 7 -C. Consideration of Mayor's nominations for appointment to the Housing and Building Code Hearing and Appeals Board. 7 -D. Consideration of Mayor's nomination for appointment to the Housing Commission (Tenant Seat). Dedicated to Excellence • Committed to Service UNAPPROVED MINUTES MINUTES OF THE SPECIAL JOINT COMMUNITY IMPROVEMENT COMMISSION AND HOUSING AUTHORITY BOARD OF COMMISSIONERS MEETING WEDNESDAY- - SEPTEMBER 1, 2004- -5:40 P.M. Chair Johnson convened the special joint meeting at 6:55 p.m. Roll Call - Present: Commissioners Daysog, Gilmore, Matarrese, Torrey and Chair Johnson - 5. Absent: Commissioner Kerr - 1. Consent Calendar (04- ) Recommendation to approve First Amendments to the Owner Participation Agreements between the Community Improvement Commission, Housing Authority and Resources for Community Development for Development of 52 Units of Affordable Rental Housing and Ten Units of Affordable For -Sale Housing at the Former Fleet Industrial Supply Center. Commissioner Matarrese moved approval of the staff recommendation. Chair Johnson seconded the motion, which carried by unanimous voice vote - 5. [Absent: Commissioner Kerr - 1.] Agenda Items None. Adjournment There being no further business, Chair Johnson adjourned the special joint meeting at 6:56 p.m. Respectfully submitted, Lara Weisiger Secretary, Community Improvement Commission The agenda for this meeting was posted in accordance with the Brown Act. Special Joint Meeting Community Improvement Commission and Housing Authority Board of Commissioners September 1, 2004 UNAPPROVED MINUTES MINUTES OF THE SPECIAL COMMUNITY IMPROVEMENT COMMISSION MEETING TUESDAY - - - SEPTEMBER 7, 2004 - - - 6:45 P.M. Chair Johnson convened the Special Meeting at 7:20 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: 1825 Park Street; Negotiating parties: Ron Goode Toyota and Community Improvement Commission; Under Negotiation: Price and terms of payment. (04- ) Conference with Real Property Negotiator; Property: Former Fleet Industrial Supply Center (FISC); Negotiating Parties: Catellus Development Corporation 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 1825 Park Street Avenue, the Commission gave instructions to real property negotiators, and the Commission discussed the Former Fleet Industrial Supply Center (FISC). Adjournment There being no further business, Chair Johnson adjourned the Special Meeting at 7:45 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 September 7, 2004 UNAPPROVED MINUTES MINUTES OF THE SPECIAL COMMUNITY IMPROVEMENT COMMISSION MEETING TUESDAY - - - SEPTEMBER 7, 2004 - - - 7:25 P.M. Chair Johnson convened the Special Meeting at 8:00 p.m. Commissioner Kerr led the Pledge of Allegiance. ROLL CALL - Present: Commissioners Daysog, Gilmore, Kerr, Matarrese and Chair Johnson - 5. Absent: None. CONSENT Commissioner Matarrese moved approval of the Consent Calendar. Commissioner Kerr 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 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 245, 2004. Approved. ( *04- ) 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. Accepted. AGENDA ITEM (04- ) 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. Ed Clark, West Alameda Business Association (WABA), thanked the Commission and staff for their hard work and interest in seeing that West Alameda becomes a world -class street. Sherri Stieg, WABA, stated that the streetscape project is a major step for improving Webster Street; thanked the Commission, City Manager, Development Services and Public Works staff for their efforts. Special Meeting Community Improvement Commission September 7, 2004 1 Chair Johnson thanked WABA for their hard work and patience; stated the project is a major milestone for West Alameda and Webster Street. Commissioner Matarrese stated it is important to move as quickly as possible with project implementation; thanked WABA for their perseverance and input. Commissioner Matarrese moved approval of the staff recommendation. Commissioner Kerr seconded the motion, which carried by unanimous voice vote - 5. ADJOURNMENT There being no further business, Chair Johnson adjourned the Special Meeting at 8:07 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 September 7, 2004 2 UNAPPROVED MINUTES MINUTES OF THE SPECIAL COMMUNITY IMPROVEMENT COMMISSION MEETING THURSDAY- - SEPTEMBER 16, 2004- -7:00 P.M. Chair Johnson convened the Special Meeting at 7:00 p.m. Roll Call - Present: Commissioners Daysog, Gilmore, Kerr, Matarrese and Chair Johnson -5. Note: Commissioner Kerr was present via teleconference from the Hyatt Regency Hotel, 200 South Pine Street, Long Beach, CA and Commissioner Gilmore was present via teleconference from 1631 Park Street, Alameda, CA. Absent: None. The Special Meeting was adjourned to Closed Session to consider: (04- ) Conference with Real Property Negotiator; Property: 1825 Park Street; Negotiating parties: Ron Goode Toyota and Community Improvement Commission; Under negotiation: Price and terms of payment. Following the closed session, the Special Meeting was reconvened and Chair Johnson announced that the Commission gave direction to staff. Adjournment There being no further business, Chair Johnson adjourned the Special Meeting at 8:40 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 September 16, 2004 UNAPPROVED MINUTES MINUTES OF THE SPECIAL COMMUNITY IMPROVEMENT COMMISSION MEETING TUESDAY - - - SEPTEMBER 21, 2004 - - - 5:45 P.M. Chair Johnson convened the Special Meeting at 5:45 p.m. Roll Call - Present: Commissioners Daysog, Gilmore, Kerr, Matarrese, and Chair Johnson - 5. Note: Commissioner Matarrese was present via teleconference from Windsor Park Hotel, 2116 Kalorama Road NW, Washington DC. Absent: None. The Special Meeting was adjourned to Closed Session to consider: (04 -- ) Conference with Real Property Negotiator; Property: 1825 Park Street; Negotiating parties: Ron Goode Toyota and Community Improvement Commission; Under negotiation: Price and terms of payment. Following the Closed Session, the Special Meeting was reconvened and the Chair announced that the Commission gave instructions to real property negotiator. Adjournment There being no further business, Chair Johnson adjourned the Special Meeting at 6:45 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 September 21, 2004 UNAPPROVED MINUTES MINUTES OF THE SPECIAL JOINT CITY COUNCIL AND COMMUNITY IMPROVEMENT COMMISSION MEETING TUESDAY- - OCTOBER 5, 2004- -5:30 P.M. Mayor /Chair Johnson convened the Special Joint Meeting at 5:30 p.m. Roll Call - Present: Councilmembers /Commissioners Daysog, Gilmore, Kerr, Matarrese and Mayor /Chair Johnson - 5. Absent: None. The Special Joint Meeting was adjourned to Closed Session to consider: (04- ) Conference with Real Property Negotiators; Property: Former Fleet Industrial Supply Center (FISC); Negotiating parties: Catellus Development Corporation and Community Improvement Commission; Under negotiation: Price and terms of payment. Following the Closed Session, the Special Meeting was reconvened and Mayor /Chair Johnson announced the Council /Commission obtained briefing from real property negotiators and gave direction. Adjournment There being no further business, Mayor /Chair Johnson adjourned the Special Joint Meeting at 6:50 p.m. Respectfully submitted, Lara Weisiger, City Clerk Secretary, Community Improvement Commission The agenda for this meeting was posted in accordance with the Brown Act. Special Joint Meeting Alameda City Council and Community Improvement Commission October 5, 2004 CITY OF ALAMEDA MEMORANDUM To: Honorable Chair and Members of the Community Improvement Commission From: James M. Flint Executive Director Date: October 6, 2004 Subject: Recommendation to Enter into an Exclusive Negotiation Agreement with MovieTECS for the Redevelopment of the Alameda Theatre to Complete a Disposition and Development Agreement with MovieTECS BACKGROUND The Community Improvement Commission (CIC) has previously entered into an Exclusive Negotiation Agreement (ENA) with MovieTECs in conjunction with a proposed project that would be constructed on the current Video Maniacs, Longs Drugs and adjacent parking lot. Earlier this year, Longs notified the CIC that they were no longer interested in a project that did not include open surface level parking for their store. This led to the reconsideration of a possible project that does not utilize the Longs property. The purpose of the previous ENA was to allow time to come to terms with MovieTECs on business points and draft Disposition and Development Agreement (DDA) for the previous project that was being designed in conjunction with Longs. For the past several months, we have been conducting pre - planning activities to determine a new site plan for a possible new cineplex /parking structure project. MovieTECs has been involved in this process. However, this is a proposed new project, with different costs, and very likely different business terms. The ENA is on file in the City Clerk's Office. DISCUSSION /ANALYSIS Because the design and location of the proposed project has changed, the Executive Director is recommending that the CIC enter into a new limited ENA with MovieTECS in order to accomplish the following: 1. Complete a confidential project pro forma and determine business points for a DDA with the theater developer. 2. Determine the level of and commitment to the project. 3. Finalize a preliminary project site plan alternative for the proposed cineplex, parking structure, and possible link to the Alameda Theatre. 4. Agree to business terms for a DDA, that defines the roles of the developer and the CIC for the proposed project. 5. Draft and complete the DDA. Special Meeting of the CIC Item 1 -B Dedicated to Excellence, Committed to Service October 19, 2004 Honorable Chair and Members of the Community Improvement Commission October 6, 2004 Page 2 The recommended term of the ENA is 120 days with two 30 -day extensions to be approved by the Executive Director. FINANCIAL IMPACT Some predevelopment costs are associated with the drafting of the DDA, site planning, and other predevelopment costs. Funding for such costs are either an obligation of the developer, or the CIC, using Merger Bond Funding designated for the project. There is no fiscal impact to the General Fund. RECOMMENDATION The Executive Director recommends approval of the Exclusive Negotiation Agreement with MovieTECs to complete the tasks necessary to draft and complete a Disposition and Development Agreement with MovieTECs for the proposed project. JMF /LAL/MJF:ry Respe y submitted, Leslie Little Development Services Director k\f\U By: Marc J. Fontes Redevelopment Manager cc: Kyle Conner, MovieTECS Economic Development Commission Park Street Business Association Dedicated to Excellence, Committed to Service G: \econdev\MARC \Theatre\ENA\ENA agen rept CIC sept 04.doc F: CP /Alameda Theatre /Atlas Properties /ENA CITY OF ALAMEDA Memorandum To: Honorable Chair and Members of the Community Improvement Commission From: James M. Flint Executive Director Date: October 6, 2004 Subject: Recommendation that the Community Improvement Commission Amend the Amended Contract with Architectural Resources Group by Increasing Fees $43,550 to Provide Additional Pre - Planning Services for the Proposed Alameda Theatre /Cinema Multiplex/Parking Structure Project. BACKGROUND Planning activities for the possible historic rehabilitation of the Alameda Theatre in conjunction with a multi- screen theater and parking structure project have been proceeding for the last year. Preservation architects, Architectural Resources Group (ARG), were selected to provide feasibility pre - planning and cost estimating for the possible historic rehabilitation of the theater. In January 2004, the Community Improvement Commission (CIC) approved a $129,200 contract amendment to provide the final phase of documents for pre - planning and cost estimates for rehabilitating the Alameda Theatre. Since that time, the project scope has changed to respond to the redesign and interface of the cinema multiplex, requiring additional work by ARG that was not included in the amended scope of services. DISCUSSION /ANALYSIS ARG is nearing completion of the Design Development phase of the Historic Alameda Theatre project. The current contract with ARG extends through delivery of the Design Development package and cost estimate, which is scheduled for October 12, 2004. However, additional services are now needed. These services include meetings (two per month), conference calls (bi- weekly), coordination with the cineplex /parking structure project, coordination with the theater developer, and tasks related to value engineering, project phasing and alternates for the theater. In addition, an allowance for additional cost estimating and materials testing by ARG's sub - consultants is included. BUDGET /FINANCIAL IMPACT This project will be funded by BWIP tax increment funds and would not impact the General Fund. Architectural fees for this phase of work would not exceed $43,550. Special Meeting of the CIC Item 1 -C October 19, 2004 Dedicated to Excellence, Committed to Service Honorable Chair and Members of the Community Improvement Commission RECOMMENDATION October 6, 2004 Page 2 The Executive Director recommends that the Community Improvement Commission amend the amended contract with Architectural Resources Group by increasing fees $43,550 to provide additional pre - planning services for the Proposed Alameda Theatre /Cinema Multiplex/Parking Structure Project. JMF/MJF/KK:ry Attachment Res -ct submitted, Leslie A. Little Development Services Director By: Marc J. Fontes Redevelopment Manager cc: Architectural Resources Group, c/o Naomi Miroglio Park Street Business Association Dedicated to Excellence, Committed to Service G: \econdev\Kathleen \Theater \Staff Reports \CIC Mtgs \CIC 10 -19 -04 ARG Amendment.doc Alameda Theatre Alameda, California Architectural Resources Group 1 TOTALS G 0 °� EA 0 0 O O O O 0 0 0 0 0 0 0 In in t in H4 b9 fig b9 69 E OSL`OI$ o In M 7 6• 1 Conservator O c, 69 0S 1 Project Arch. 0 1 20 0 p O 69 0 OV • V1 ,-. 69 1 Principal 0 V 1 20 0 VD 120 $145 $17,400 'TASK 5: Interim Tasks between Design Development and Const. Documents IA. Meetings 1. 10 Meetings with City (assume 2 mtgs /month between Oct 6, 2004 and February 23, 2005) 2. 10 Bi- weekly telephone conference calls IB. Miscellaneous Interim Tasks 1. Coordination with cineplex/parking structure architect 2. Coordination with theatre developer 3. Value Engineering; Evaluation of Alternates; Project Phasing 4. Coordination with City Agencies and Regulatory Process (HOURS TASK 5 PERSONNEL BILLING RATE SUBTOTAL TASK 5 Task 5 Total Fee (HOURS ADDITIONAL SERVICES PERSONNEL BILLING RATE CONSULTANTS (allowances) Structural Mechanical/Plumbing/Fire Protection Electrical Acoustical Waterproofing Cost Estimating REIMBURSABLE EXPENSES Photography, Reproduction, Delivery, Telecommunications, Transportation Total Consultant/Reimbursable Expense TOTAL FEES AND EXPENSES FOR TASK 5 Architectural Resources Group c o c is u) fi O w U O 0 0C L C c o SECOND AMENDMENT TO AGREEMENT This Amendment of the Agreement, entered into this 19t day of October 2004, by and between the COMMUNITY IMPROVEMENT COMMISSION of the CITY OF ALAMEDA, a public body (hereinafter referred to as "CIC "), and ARCHITECTS, PLANNERS & CONSERVATORS, INC., a California corporation, whose address is Pier 9, The Embarcadero, Suite 107, San Francisco, CA 94111 (hereinafter referred to as "Consultant "), is made with reference to the following: RECITALS: A. On November 17, 2003, an agreement was entered into by and between CIC and Consultant (hereinafter "Agreement "). B. On June 30, 2004, an amendment to agreement was entered into by and between CIC and Consultant. C. CIC and Consultant desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. Paragraph 2 ( "Services to be Performed ") of the Agreement is modified to read as follows: "Consultant shall perform each and every service set forth in Exhibits "A ", "A -1 ", and "A -2" which are attached hereto and incorporated herein by this reference." 2. Paragraph 3 ( "Compensation to Consultant ") of the Agreement is modified to read as follows: "Consultant shall be compensated for services performed pursuant to this Agreement in the amount not to exceed $78,890.00 as set forth in Exhibit "A ", in the amount not to exceed $129,200.00 as set forth in Exhibit "A -1 ", and in the amount not to exceed $43,550.00 as set forth in Exhibit "A -2" which are attached hereto and incorporated herein by this reference. Any compensation exceeding these amounts requires amendment of this Agreement." 3. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. Architects, Planners & Conservators, Inc. October 2004 Page 1 10/07/2004 10:08 5108919107 0� -�SSI :::=3 fi ::Tv vF ALAMEDA DSD MIROGLIO ARCH + DES PAGE 01 FAX NO. 510 49 5806 M 02 lT WITNESS WHEREOF, the parties hereto have caused this modification or Agreement to be executed on the day and year first above µrtten. ARCHITECTS, PLANNERS & CONSERVATORS, NC, iil6iw_ By. IJ�on��r, Title; R.ineA r(rehrrc•cir, Plomnert tt Cent rvaro • int. Ovabcr 10(? COMMJNITY mipRoVE.NIENT COMAISSJ` !ages M. Flint E cutive D rector RE 0. - ENDED F PROVAL: Leslie A. Little Development Services Director Marc Fontes, Acting Manager B; siness Development Division APPROVED AS TO FORM: Teresa Highsmith Assistant City Attorney. Alameda Theatre Alameda, California Exhibit "A -2" Prepared for City of Alameda October 1, 2004 Architectural Resources Group Principal Project Arch. Conservator TOTALS TASK 5: Interim Tasks between Design Development and Const. Documents A. Meetings 1. 10 Meetings with City (assume 2 mtgs /month between Oct 6, 2004 and February 23, 2005) 40 40 2. 10 Bi- weekly telephone conference calls 20 20 B. Miscellaneous Interim Tasks 60 80 1., Coordination with cineplex /parking structure architect 2. Coordination with theatre developer 3. Value Engineering; Evaluation of Alternates; Project Phasing 4. Coordination with City Agencies and Regulatory Process HOURS TASK 5 120 140 0 PERSONNEL BILLING RATE $145 $110 $95 SUBTOTAL TASK 5 $17,400 $15,400 $0 Task 5 Total Fees $32,800 HOURS ADDITIONAL SERVICES PERSONNEL BILLING RATE CONSULTANTS (allowances) Structural Mechanical /Plumbing/Fire Protection Electrical Acoustical Waterproofing Cost Estimating REIMBURSABLE EXPENSES Photography, Reproduction, Delivery, Telecommunications, Transportation $1,500 $1,500 $1,500 $1,500 $1,500 $2,500 $750 Total Consultant/Reimbursable Expenses $10,750 TOTAL FEES AND EXPENSES FOR TASK 5 $43,550 ARG Project No. 03073.06 Architectural Resources Group Page 1 AMENDMENT TO AGREEMENT This Amendment of the Agreement, entered into this `% ,, _,, day of ItAt t./ 2004, by and between the COMMUNITY IMPROVEMENT COMMISSION of the CITY OF ALAMEDA, a public body (hereinafter referred to as "CIC "), and ARCHITECTS, PLANNERS & CONSERVATORS, INC., a California corporation, whose address is Pier 9, The Embarcadero, Suite 107, San Francisco, CA 94111 (hereinafter referred to as "Consultant "), is made with reference -to the following: RECITALS: A. On November 17, 2003, an agreement was entered into by and between CIC and Consultant (hereinafter "Agreement "). B. CIC and Consultant desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. Paragraph 1 ( "Term ") of the Agreement is modified to read as follows: "The term of this Agreement shall commence on the 17th day of November 2003, and shall terminate on the 30th day of June 2005, unless terminated earlier as set forth herein." 2. Paragraph 2 ( "Services to be Performed ") of the Agreement is modified to read as follows: "Consultant shall perform each and every service set forth in Exhibits "A" and "A -1" which are attached hereto and incorporated herein by this reference." 3. Paragraph 3 ( "Compensation to Consultant ") of the Agreement is modified to read as follows: "Consultant shall be compensated for services performed pursuant to this Agreement in the amount not to exceed $78,890.00 as set forth in Exhibit "A" and in the amount not to exceed $129,200.00 as set forth in Exhibit "A -1" which are attached hereto and incorporated herein by this reference. Any compensation exceeding these amounts requires amendment of this Agreement." 4. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. Architects, Planners & Conservators, Inc. June 2004 Page 1 IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed on the day and year first above written. ARCHITECTS, PLANNERS & COMMUNITY IMPROVEMENT CONSERVATORS, INC. CO SION tiY/WA • i'4\17LI By: Title: i(r n c f a es. M. Flint Executive Director Leslie A. Little' Development Services a irector Marc Fontes, Acting Manager Business Development Division APPROVED AS TO FORM: a ig smi �'et ►��: A�( e Assistant City Attorney Architects, Planners & Conservators, Inc. June 2004 Page 2 Exhibit "A -1" Architectural Resources Group Alameda Theater Task 4 Proposal Cost Estimate Architectural Resources Group Activity Cost Task 4 Scope of Work A. Base Drawings (areas of new work) 1. Field Measurement $8,000 2. Update base plans B. Coordination with Theatre Developer $12,040 1. Establish Concession, Ticketing, Acoustical and Projection Program Requirements 2. Finalize Space Layouts 3. Meetings (assume 4) C. Code Analysis $7,160 D. Preliminary Agency Consultation 1. Building/Fire $4,880 2. Planning/Historic Advisory Board E. Consultant Coordination $7,160 2. Review and Coordinate proposed system upgrades F. Interior Rehabilitation $12,040 1. Treatment Recommendations 2. Conduct Test Panels G. Cost Estimate Package $13,080 1. First floor plan, second floor plan, balcony floor plan, roof plan, building sections, exterior elevation, reflected ceiling plans, interior elevations H. Cost Estimate $8,460 2. Review cost estimate 3. Present cost estimate to City 4. Value engineering/Frnsllzeproject scope G. Meetings $4,880 1. Meetings with City (allow 4) • SUBTOTAL TASK 4 Task 4 Total Fees $77,700 CONSULTANTS Structural Mechanical/Plumbing/Fire Protection Electrical Acoustical Waterproofing REIMBURSABLE EXPENSES Photography, Reproduction, Delivery, Telecommunications, Transportation $15,750 $16,250 $8,000 $3,500 $5,000 $3,000 Total Consultants end Reimbursable Expenses S51 ,50(1 $129,200 I TOTAL FEES AND EXPENSES FOR TASK 3 CONSULTANT AGREEMENT THIS AGREEMENT, entered into this 1 1 day of November 2003, by and between COMMUNITY IMPROVEMENT COMMISSION of the CITY OF ALAMEDA, a public body (hereinafter referred to as "CIC "), and ARCHITECTS, PLANNERS & CONSERVATORS, INC., dba Architectural Resources Group, a California corporation, whose address is Pier 9, The Embarcadero, Suite 107, San Francisco, CA 94111 (hereinafter referred to as "Consultant "), is made with reference to the following: RECITALS: A. CIC is a public entity duly organized and validly existing under the laws of the State of California with the power to carry on their 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. CIC and Consultant desire to enter into an agreement for services related to the rehabilitation of the Alameda Theater upon the terms and conditions herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM: y� l The term of this Agreement shall commence on the I ! ' day of November 2003, and shall terminate on the 30th day of June 2004, 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 in the amount not to exceed $78,890.00 as set forth in Exhibit "A" which is attached hereto and incorporated herein by this reference. Any compensation exceeding this amount requires amendment of this Agreement. 4. TIME IS OF THE ESSENCE: Consultant and CIC agree that time is of the essence regarding the performance of this Agreement. 1 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 CIC nor have any contractual relationship with CIC. 6. INDEPENDENT PARTIES: CIC 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 CIC to its employees, including but not limited to, unemployment insurance, workers' compensation plans, vacation and sick leave are available from CIC 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. 7. 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 CIC and City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Consultant. 8. 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 CIC or 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. 9. HOLD HARMLESS: Consultant shall indemnify, defend and hold harmless CIC, 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 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. 2 As to Claims for professional liability only, Consultant's obligation to defend Indemnitees (as set forth above) is limited to the extent to which its professional liability insurance policy will provide such defense costs. 10. INSURANCE: On or before the commencement of the term of this Agreement, Consultant shall furnish CIC 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: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the CIC 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 CIC and City and licensed to do insurance business in the State of California. Endorsements naming the CIC, City, its City Council, boards, commissions, officials, employees and volunteers 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. (3) Automotive: Comprehensive automotive liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence Property Damage: $100,000 each occurrence or Combined Single Limit: $500,000 each occurrence (4) Professional Liability: Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at least $1,000,000. 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 CIC and City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant, CIC or City with respect to the services of Consultant herein, a waiver of any right to subrogation which any such insurer of said Consultant may acquire against CIC or City by virtue of the payment of any loss under such insurance. 3 C. FAILURE TO SECURE: If Consultant at any time during the term hereof should fail to secure or maintain the foregoing insurance, CIC 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: CIC, 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 CIC 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. 11. 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. 12. 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 CIC. 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 CIC 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 CIC by Consultant. 13. SUBCONTRACTOR APPROVAL: Unless prior written consent from CIC is obtained, only Consultant shall perform services under Agreement, unless Consultant first obtains written approval from CIC. 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. 14. 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. 15. 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 CIC. Consultant shall not copyright any Report required by this Agreement and shall execute appropriate documents to assign to CIC 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 CIC, and all publication rights are reserved to CIC. B. All Reports prepared by Consultant may be used by CIC 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 CIC projects as appropriate. C. Consultant shall, at such time and in such form as CIC 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 CIC. 16. RECORDS: Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by CIC that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient 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 CIC or its designees at all proper times, and gives CIC 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. 17. COMMUNITY REDEVELOPMENT LAW REQUIREMENTS: A. To the greatest extent feasible, contracts for work to be performed in connection with any redevelopment project shall be awarded to business concerns which are located in, or owned in substantial part by persons residing in the Business and Waterfront Improvement Project (BWIP), the West End Community Improvement Project (WECIP), or the Alameda Point Improvement 5 Project (APIP). B. To insure training and employment opportunities for lower - income residents within the BWIP, WECIP or APIP, Consultant and any Subcontractors are encouraged to give employment preference to residents within the BWIP, WECIP or APIP for contracts valued over $100,000. C. Clauses (A) and (B) shall be included in any subcontract. 18. NOTICES: All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals from Consultant to CIC shall be addressed to CIC at: City of Alameda Development Services Department 950 W. Mall Square, 2nd Floor Alameda, CA 94501 Attention: Kathleen Kelley All notices, demands, requests, or approvals from CIC to Consultant shall be addressed to Consultant at: Architectural Resources Group Pier 9, The Embarcadero, Suite 107 San Francisco, CA 94111 Attention: Naomi Miroglio 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 CIC of written notice of default, specifying the nature of such default and the steps necessary to cure such default, CIC may terminate the Agreement forthwith by giving to the Consultant written notice thereof. CIC 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. 19. COST OF LITIGATION: If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the Court may adjudge to be reasonable, including attorneys' fees. 6 20. COMPLIANCES: Consultant shall comply with all state or federal laws and all ordinances, rules and regulations enacted or issued by CIC. 21. 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. 22. 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 has been secured from CIC to do otherwise. This shall not be interpreted to preclude Consultant from including a description of the work being done for CIC as part of a resume or Statement of Qualifications. 23. WAIVER: A waiver by CIC of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. 24. INTEGRATED CONTRACT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both CIC and Consultant. 25. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party. 26. CAPTIONS: The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the day and year first above written. CONSULTANT Architectural Resources Group By: J/ ut Title: 'ri n C Jame : M. Flint, City Manager Date: Alwayi (g Ar / 1, 4P> Date: COMMUNITY IMPROVEMENT COMMISSION G:\ Comdev \CONTRACT\CIC\ARG \contract2.doc COMMENDED FOR APPROVAL: 8 P , ul Benoit evelopment Services Director ate: Marc Fontes, Acting Manager Business Development Division Date: APPROVED AS TO FORM: Teresa Highsmith Assistant City Attorney Attachment I Architectural Resources Group Proposed Contract Scope of Work ARCHITECTURAL WORK Subtotals A. Base Drawings (areas of new work) $5,280.00 1. Field Measurement 2. Prepare CAD base plans B. Coordination with Theatre Developer $5,960.00 1. Confirm Program Requirements 2. Finalize Space Plans 3. Meetings (assume 4) C. Code Analysis D. Preliminary Agency Consultation $1,800.00 $2,080.00 1. Building/Fire 2. Planning/Historic Advisory Board E. Consultant Coordination $2,840.00 2. Review and Coordinate proposed system upgrades F. Interior Rehabilitation $8,680.00 1. Treatment Recommendations 2. Conduct Test Panels 3. Condition and Treatment summary G. Cost Estimate Package $4,920.00 1. First floor plan, second floor plan, balcony floor plan, roof plan, building sections, exterior elevation, reflected ceiling plans, interior elevations H. Cost Estimate . $3,190.00 1. Site visit/meeting to review scope of work 2. Review cost estimate 3. Present cost estimate to City 4. Value engineering/Finalize project scope G. Meetings ________ $2,640.00 1. Meetings with City (allow 4) Subtotal Fees $37,390 CONSULTANTS * (See Pg. 2 for task descriptions) Structural Mechanical/Plumbing /Fire Protection Electrical Acoustical $38,750 REIMBURSABLE EXPENSES Guilding Consultant Photography, Reproduction, Delivery, Telecommunications, Transportation $2,750 . TOTAL FEES AND EXPENSES $78,890 G: \econdev \Kathleen \Theater \Theater\ARG Phase II Fees Sum11 -13 -03 1 11/18/2003 4:39 PM SUB - CONSULTANTS Task Sub - Consultant Description Cost Structural Mechanical/Plumbing /Fire Protection Electrical Acoustical Degenkolb Engineers S.J. . Engineers O'Mahony & Myer }Red Weatherhill Review drawings; visit site; evaluate existing building for structural adequacy; review proposed modifications; summarize findings in letter report including recommendations for structural work T T Examine exisitng conditions, review drawings; report findings and recommendations related to heating, ventiliating and air conditioning; plumbing to meet current code; performance specifications for addiition/modificatoin of fire sprinkler system Assess existing building conditions and proposed modiifications; report recommendations for upgrading electrical system Consult on the acoutstics in the auditorium reltaed to the new cinema sound system and accounstic isoloation between the new theathers and the autditorium; coordinate with the new theaters' acoustical engineer. $15,750.00 $16,250.00 $5,250.00 $1,500.00 Subtotal $38,750.00 Page 2 Client #: 521 ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE TYPE OF INSURANCE PRODUCER Dealey, Renton & Associates P. O. Box 12675 Oakland, CA 94604 -2675 510 465 -3090 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Architectural Resources Group Pier 9, The Embarcadero San Francisco, CA 94111 INSURER A: United States Fidelity & Guaranty GENERAL INSURER B: St. Paul Fire & Marine Ins. Co. SRN040901STPKG INSURER c: XL Specialty Insurance Co. 09/01/05 INSURER D: EACH OCCURRENCE INSURER E: X COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L INSRC TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DDIYY) UMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY SRN040901STPKG 09/01/04 09/01/05 EACH OCCURRENCE $1,000,000 X PREM SES (Ea o(ccu encel $300,000 $10,000 CLAIMS MADE X OCCUR MED EXP (Any one person) PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 $2,000,000 GEN'L —1 AGGREGATE LIMIT APPLIES PER: POLICY n JEC n LOC PRODUCTS - COMP /OP AGG A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS SRN040901STPKG 09/01/04 09/01 /05 COMBINED SINGLE LIMIT (Ea accident) $1,000.000 BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 7 OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below MNNO4O9OISTPWC 09/01/04 .09/01/05 X I OCSTATU- I 1 E R- TORY LIMITS ER,. E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 C OTHER Professional Liability DPR9400411 08/20/04 08/20/05 $2,000,000 per claim $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS General Liability coverage excludes claims arising out of the performance of professional services. RE: Alameda Theatre Rehabilitation Consulting Services All operations of the named insured. See CLBF2240 attached. PProved as to Form () j/ + , , 0 . y J.....5■1 P+ITV Arr..e..,...• CERTIFICATE HOLDER CANCELLATION City of Alameda Development Services Dept. 950 W. Mall Square, 2nd Floor Alameda, CA 94501 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL an DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ACORD 25 (2001/08) 1 of 1 #M109418 AUTHORIZED REPRESENTATIVE Oltd-4h 'C'ca MNN 0 ACORD CORPORATION 1988 CITY OF ALAMEDA MEMORANDUM To: Honorable Chair and Members of the Community Improvement Commission From: James M. Flint Executive Director Date: October 6, 2004 Subject: Recommendation that the Community Improvement Commission Amend the Contract with Michael Stanton Architects to Provide Additional Pre - Planning Services for the Proposed Historic Alameda Theatre, Parking Structure and Cineplex Project. Amount not to exceed $37,500 BACKGROUND Earlier this year, Longs informed the City that their goals for the use of their Santa Clara Avenue site could not be met by the design that we had been working on with Longs for reuse of this property, as a parking structure and a new Longs store. This literally sent us back to the drawing board to rethink the development of a parking structure and cineplex in conjunction with the possible reuse of the Alameda Theatre. In order to assist the City with re- evaluation of the proposed project, Michael Stanton Architects (MSA) was engaged to consider urban design options for this project. DISCUSSION /ANALYSIS The current phase of their work is nearly complete and we are requesting that MSA be allowed to continue their pre - planning activities to include preliminary cost estimates. MSA's proposed scope of work is attached. The amendment to MSA's contract would increase the amount of their contract from $105,400 to $142,900. The two additional tasks being added to MSA's scope of work are: 1. Ongoing Services and Consulting — MSA will attend meetings, continue to coordinate with Architectural Resources Group (ARG) (Historic Alameda Theatre), provide requested professional services and prepare exhibits as directed by City staff. If requested, MSA will assist the City of Alameda in the additional presentations, public hearings, and the like. 2. Review pricing documentation — MSA will hire and coordinate the work of a selected General Contractor and/or estimator to assist MovieTECS, Inc. to evaluate the construction cost data and assist with value engineering. MSA will provide professional services to support MovieTECS and their architect with examination of the proposed project when approved by City staff. Special Meeting of the CIC Item 1 -D October 19, 2004 Dedicated to Excellence, Committed to Service Honorable Chair and Members of the Community Improvement Commission FINANCIAL IMPACT October 6, 2004 Page 2 This project will be funded by the Merged Areas Bond Issuance and would not impact the General Fund. RECOMMENDATION The Executive Director recommends that the Community Improvement Commission amend the contract with Michael Stanton Architects to provide additional pre - planning services for the Proposed Historic Alameda Theatre, Parking Structure and Cineplex Project, with the. Amendment amount not to exceed $37,500. JMF/LAL/MJF/KK:ry ie A. Little Development Services Director vn „ By: Marc J. Fontes Redevelopment Manager Attachment: Exhibit A, Amendment #2 for Professional Services cc: Michael Stanton, Michael Stanton Architects Andy Barnes, Barnes and Company Park Street Business Association Dedicated to Excellence, Committed to Service G: \econdev \Kathleen \Theater \Staff Reports \CIC Mtgs \Stanton Amend 10- 04.rtf Exhibit A AMENDMENT #2 FOR PROFESSIONALSERVICES Submitted To: Marc Fontes Date: 27 September 2004 Submitted By: Michael Stanton, FAIA Regarding: Urban Design Consulting Michael Stanton Architecture (MSA) is pleased to submit this Amendment #2 to the City of Alameda for professional services regarding the continued support of the proposed redevelopment of the portions of Oak Street bordering the historic Alameda theatre. This proposal amends the scope of work defined in our current contract. OBJECTIVE OF THE WORK The objective for this conceptual urban design work is to continue to support the City of Alameda in evaluating design alternatives for a possible parking structure and Cineplex project. PROPOSED SCOPE OF SERVICES 1. Ongoing Services and Consulting — MSA will attend meetings, continue to coordinate with ARG, provide requested professional services and prepare exhibits as directed by city staff. If requested, MSA will assist the City of Alameda in the additional presentations, public hearings, and the like. 2. Review pricing documentation —MSA will hire and work a selected General Contractor and/or estimator to assist MovieTECS, Inc. in evaluating the construction cost data prepared in Step #9. MSA will provided professional services to support MovieTECS examination of the proposed project when approved by City staff. SCHEDULE MSA anticipates that we will be able to complete the scope of services by December 20, 2004. COMPENSATION Step #1 — MSA's services for providing these on -going services at the MSA hourly rates attached up to a not to exceed limit of twenty -five thousand dollars ($25,000.00) Exhibit A Page 1 of 3 G: \econdev \Kathleen \Theater \Staff Reports \CIC Mtgs \Stanton Amendment 1004 Exhibit A.doc Step #2 - MSA and the selected general contractor (and or estimator) will work on an hourly basis not to exceed ten thousand dollars seven thousand dollars ($10,000.00). CLARIFICATIONS AND ASSUMPTIONS 1. The Proposal excludes all work related to Hazardous Materials found on the site. Exhibit A Page 2 of 3 G: \econdev \Kathleen \Theater \Staff Reports \CIC Mtgs \Stanton Amendment 1004 Exhibit A.doc ATTACHMENT I — HOURLY RATES AND REIMBURSABLES Hourly Billing Rates MSA's hourly rates will be: Principal's time at the fixed rate of ONE HUNDRED SIXTY -FIVE DOLLARS ($165.00) per hour (Michael Stanton, FAIA). Associate's time at the fixed rate of ONE HUNDRED THIRTY DOLLARS ($130.00) per hour (Brian Liles, AIA). Project Manager's time at the fixed rate of ONE HUNDRED DOLLARS ($100.00) per hour. Job Captain's time at the fixed rate of EIGHTY FIVE DOLLARS ($85.00) per hour. Technical Level I's time at the fixed rate of SEVENTY FIVE DOLLARS ($75.00) per hour. Technical Level II's time at the fixed rate of SIXTY FIVE DOLLARS ($65.00) per hour. Reimbursables Normal reimbursable expenses (such as long distance telephone calls, messenger services, printing, faxes, automotive expenses, time spent in route, lodging, meals and coach airplane fare with upgrade certificates) are included as a line item listed above, not to exceed $2,500.00 in addition to the professional fees listed above. They will be billed monthly at 1.1% actual invoice amount. Total amendment amount not to exceed $37,500. Exhibit A Page 3 of 3 G: \econdev \Kathleen \Theater \Staff Reports \CIC Mtgs \Stanton Amendment 1004 Exhibit A.doc 10— 7- 04;12:07PM; OCT -07 -2004 'fHU 11 ! 52 AM CITY OF ALAMEDA DSD ;4 FAX NO. 510 749 5808 # 2/ 2 P. 02 SECOND AMENDMENT TO AGREEMENT This Amendment of the Agreement, entered into this 1.9`h day of October 2004, by and between COMMUNITY IMPROVEMENT COMMISSION of the CITY OF ALAMEDA, a public body (hereinafter referred to as "CIC "), and Michael Stanton, an individual/sole proprietor, whose address is 444 De Haro Street, Suite 202, San Francisco, CA 94107 -2351 (hereinafter referred to as "Consultant "), is made with reference to the following: RECITALS: A. On June 15, 2004, an agreement was entered into by and between CIC and Consultant (hereinafter "Agreement "). B. On August 17, 2004, an amendment to agreement was entered into by and between CIC and Consultant. C. CIC and Consultant desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: L Paragraph 2 ( "Services to be Performed ") of the Agreement is modified to read as follows: "Consultant shall perform each and every service set forth in Exhibits "A ", "A -1 ", and "A -2" which are attached hereto and incorporated herein by this reference." 2. Paragraph 3 ( "Compensation to Consultant ") of the Agreement is modified to read as follows: "Consultant shall be compensated for services performed pursuant to this Agreement in the amount not to exceed $64,400.00 as set forth in Exhibit "A ", in the amount not to exceed $41,000.00 as set forth in Exhibit "A -1 ", and in the amount not to exceed 537,500.00 as set forth in Exhibit "A -2" which are attached hereto and incorporated herein by this reference." 3. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed on the day and year first above written. CONSULTANT Michae ton By: Title: COMMUNITY .IMPROVEMENT COMMISSION rr . Iz es Miktlint E ecutive Director Michael Stanton Architecture October 2004 Page RECO LADED FOR APPROVAL: Leslie A. Little Development Services Director Y1lk, aitr Marc Fontes, Acting Manager Business Development Division APPROVED AS TO FORM: !. %fdAt Teresa Highsmith Assistant City Attorney Michael Stanton Architecture October 2004 Page 2 ACORD TM. CERTIFICATE OF LIABILITY INSURANCE PRODUCER MICHAEL J. HALL & COMPANY A/E INSURANCE SERVICES 19578 10TH AVENUE N.E. POULSBO WA 98370 PHONE: (360) 598 -3700 FAX: (360) 598 -3703 INSURED Agency Lic#: 0792445 DATE (MM/DDIYY) JUL 14 04 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS. UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # MICHAEL STANTON ARCHITECTURE ABBREEN ASSOCIATES, LLC 444 DE HARO STREET, SUITE 202 SAN FRANCISCO, CA 94107 INSURER A: UNITED STATES FIDELITY & GUARANTY INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS P TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDD/YY) POLICY EXPIRATION /Y DATE (MM/DDYj LIMITS LTR A BK01646161 FEB 1 04 FEB 1 05 EACH OCCURRENCE $ 1,000,000 GENERAL X LIABILITY AL LIABILITY COMMERCIAL GENERAL AMAGE RENTED PREMISES S (Ea occurence) $ 300,000 MED. EXP (Any One Person) $ 10,000 CLAIMS MADE I X OCCUR PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP /OP AGG. $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: 7 POLICY P1 P1 l on AUTOMOBILE X X PRC),IFnT LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BK01646161 FEB 1 04 FEB 1 05 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ LIABILITY AUTO ONLY - EA ACCIDENT $ GARAGE ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EACH OCCURRENCE $ EXCESS / UMBERELLA OCCUR LIABILITY CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE RETENTION $ $ STATU- TORY LIMITS I I OTHER WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMeMBER EXCLUDED? U yes, describe under SPECIAL PROVISIONS below E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYEE $ E.L. DISEASE- POLICY LIMIT $ A OTHER: DESCRIPTION OF OPERATIONS /LOCATIONNEHICLES /EXCLUSIONS ADDED ENDORSEMENTIIi RF, )AL�PRROVISSIONSSo CITY ATTORNEY Form ftl CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: _ CANCEL City of Alameda The Development Services Department City Hall West 95 W. Mall Square 2nd Floor Alameda CA 94501 Attention: SUSAN SASSIOTTO ACORD 25 (2001108) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Certificate # 25845 Matthew L. Copus ,AUG -03 -2004 TUE 11:48 AM CITY OF ALAMEDA DSD FAX NO. 510 749 5808 P. 02 POLICY NUMBER: BK01646161 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (Form 13) This endorsement modifies insurance provided under the following; COMMERCIAL. GENERAL LIABILITY COMMERCIAL AUTO LIABILITY Name of Person or Organization; SCHEDULE City of Alameda The Development Services Department City Hall West 95 W. Mall Square 2nd Floor Alameda CA 94501 (If no entry appears above. information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work' for that insured by or for you THE "COMMUNITY IMPROVEMENT COMMISSION, CITY OF ALAMEDA, ITS CITY COUNCIL, BOARDS AND COMMISSIONS, OFFICERS, EMPLOYEES AND VOLUNTEERS" ARE ADDITIONAL INSURED ON THE COMMERCIAL GENERAL LIABILITY AND AUTOMOBILE LIABIUTY POLICIES AS RESPECTS LIABILITY ARISING OUT OF ACTIVITIES BY, OR ON BEHALF OF THE NAMED INSURED Approved as to Form a . CG 20 10 11 85 Copyright. Insurance Services Office, Inc., 1984 CITY ATTORNEY - Certificate 0 25845 li ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YY) 7/14104 POLICY NUMBER PRODUCER Dealey, Renton & Associates P. O. Box 12675 Oakland, CA 94604 -2675 510 465 -3090 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Michael Stanton Architecture 444 DeHaro Street, Unit 202 San Francisco, CA 94107 I INSURER A: Greenwich Insurance Company INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DDY) POLICY EXPIRATION DATE (MM /DD/YY) LIMBS GENERAL —1 LIABILITY COMMERCIAL GENERAL LIABiLilY EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ CLAIMS MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L -7 AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ POLICY n JE OT LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY IOCY LIMIT OTR- TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A OTHER Professional Liability DPP00133601 01/01/04 01/01/05 $1,000,000 per claim $1,000,000 annl aggr. DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS raved as to Form O.4\LA a_ CITY ATTORNEY CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION City of Alameda Devel. Services / Susan Fassiotto City Hall West 950 W. Mall Square, 2nd Fl. Alameda, CA 94501 SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Bn DAYS WRITTEN NOTICE TOTHE CERTIFICATE H OLDER NAM ED TO TH E LEFT, BUT FAILURE - TODOSOSHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR ,Q[J O IZED RENT I ACORD 25-S (7/97)1 of 1 #M103323 MNN © ACORD CORPORATION 1988 CERTHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142 -0807 COMPENSATFON I N S U R A N C E FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 07 -14 -2004 CITY OF ALAMEDA DEVELOPMENT SVCS DEPT SUSAN FASSIOTTO 950 WEST MALL SQUARE 2ND FLR. ALAMEDA CA 94501 GROUP: POLICY NUMBER: 658679 -2004 CERTIFICATE ID: 3 CERTIFICATE EXPIRES: 06 -01 -2005 06 -01- 2004/06 -01 -2005 This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions, of such policies. AUTHORIZED REPRESENTATIVE PRESIDENT e . STANDARD POLICY EXCLUSIONS: INDIVIDUAL EMPLOYERS, HUSBAND AND WIFE EMPLOYERS, EMPLOYEES COVERED UNDER CPL INSURANCE AND EMPLOYEES EXCLUDED UNDER CALIFORNIA WORKERS COMPENSATION LAW. EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 07 -14 -2004 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER STANTON, MICHAEL DBA: MICHAEL STANTON ARCHITECTURE 444 DE HARO ST STE 202 SAN FRANCISCO CA 94107 Approved as to Form <CAC1.6- ................................. ..��, . CITY ATTORNEY SCIF 10262E Accept this certificate only if you see a faint watermark that reads 'OFFICIAL STATE FUND DOCUMENT' [JC,NAJ PRINTED: 07 -14 -2004 PAGE 1 OF 1 AMENDMENT TO AGREEMENT This Amendment of the Agreement, entered into this l 71 day of August 2004, by and between COMMUNITY IMPROVEMENT COMMISSION of the CITY OF ALAMEDA, a public body (hereinafter referred to as "CIC "), and Michael Stanton, an individual /sole proprietor, whose address is 444 De Haro Street, Suite 202, San Francisco, CA 94107 -2351 (hereinafter referred to as "Consultant "), is made with reference to the following: A. (hereinafter " B. herein. RECITALS On June 15, 2004, an agreement was entered into by and between CIC and Consultant Agreement "). CIC and Consultant desire to modify the Agreement on the terms and conditions set forth NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. Paragraph 2 ( "Services to be Performed ") of the Agreement is modified to read as follows: "Consultant shall perform each and every service set forth in Exhibit "A" and Exhibit "A -1" which are attached hereto and incorporated herein by this reference." 2. Paragraph 3 ( "Compensation to Consultant ") of the Agreement is modified to read as follows: "Consultant shall be compensated for services performed pursuant to this Agreement in the amount not to exceed $64,400.00 as set forth in Exhibit "A" and in the amount not to exceed $41,000.00 as set forth in Exhibit "A -1" which are attached hereto and incorporated herein by this reference." 3. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed on the day and year first above written. CONSULTANT COMMUNITY IMPROVEMENT Michael << ton / / COMMI I G N By: Title: Michael Stanton Architecture August 2004 James M. Flint Exe utive Director Page l RECOMMENDED FOR APPROVAL: Leslie A. Little Development Services Director Marc Fontes, Acting Manager Business Development Division APPROVED AS TO FORM: Teresa Highsmith Assistant City Attorney Michael Stanton Architecture August 2004 Page 2 Exhibit "A -1" AMENDMENT #1 FOR PROFESSIONAL SERVICES Submitted To: Marc Fontes Date: 10 August 2004 Submitted By: Michael Stanton, FAIA Regarding: Urban Design Consulting Michael Stanton Architecture (MSA) is pleased to submit this amendment #1 to the City of Alameda for professional services to study the urban design options for the redevelopment of the portions of Oak Street bordering the historic Alameda theatre. This proposal amends the scope of work defined in our current contract. OBJECTIVE OF THE WORK The objective for this conceptual urban design work is to assist the City of Alameda in evaluating urban design options for a possible parking structure and cineplex project: PROPOSED SCOPE OF SERVICES 1. Review pricing documentation - MSA will meet with the General Contractor and review in detail the pricing documentation material prepared in Step #9 and other assumptions about the project to help insure that the General Contractor has a thorough understanding of the requirements and expectations of the project. 2. Ongoing Services and Consulting - MSA will attend meetings, continue to coordinate with ARG and prepare exhibits as directed by city staff. MSA will provide design development, construction document preparation, and other architectural services as required by the City of Alameda. If requested, MSA will assist the City of Alameda in the additional presentations, public hearings, and the like. Schedule MSA anticipates that we will be able to complete the scope of services by October 1, 2004. Compensation Step #1 -MSA and the selected general contractor will prepare this work for a lump sum fee of sixteen thousand dollars ($16,000.00). Step #2 - MSA's services for providing these on -going services at the MSA hourly Revised Proposal for Professional Services City of Alameda August 10, 2004 Page 2 rates attached up to a not to exceed limit of twenty -five thousand dollars ($25,000.00) CLARIFICATIONS AND ASSUMPTIONS 1. The Proposal excludes all work related to Hazardous Materials found on the site. ATTACHMENT I — HOURLY RATES AND REIMBURSABLES Hourly Billing Rates MSA's hourly rates will be: Principal's time at the fixed rate of ONE HUNDRED SIXTY -FIVE DOLLARS ($165.00) per hour (Michael Stanton, FAIA). Associate's time at the fixed rate of ONE HUNDRED THIRTY DOLLARS ($130.00) per hour (Brian Liles, AIA). Project Manager's time at the fixed rate of ONE HUNDRED DOLLARS ($100.00) per hour. Job Captain's time at the fixed rate of EIGHTY FIVE DOLLARS ($85.00) per hour. Technical Level I's time at the fixed rate of SEVENTY FIVE DOLLARS ($75.00) per hour. Technical Level II's time at the fixed rate of SIXTY FIVE DOLLARS ($65.00) per hour. Reimbursables Normal reimbursable expenses (such as long distance telephone calls, messenger services, printing, faxes, automotive expenses, time spent in route, lodging, meals and coach airplane fare with upgrade certificates) will be in addition to the professional fees listed above. They will be billed monthly at 1.1% actual invoice amount. CONSULTANT AGREEMENT THIS AGREEMENT, entered into this 1GJ ay of liM(L 2004, by and between the COMMUNITY IMPROVEMENT COMMISSION of the CITY OF ALAMEDA, a public body (hereinafter referred to as "CIC "), and Michael Stanton, an individual/sole proprietor, whose address is 444 De Haro Street, Suite. 202, San Francisco, CA 94107 -2351 (hereinafter referred to as "Consultant "), is made with reference to the following: RECITALS: A. CIC is a public entity duly organized and validly existing under the laws of the State of California with the power to carry on their 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. CIC and Consultant desire to enter into an agreement for professional services related to studying the urban design options for the redevelopment of the portions of Oak Street bordering the historic Alameda movie theatre, 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 ay of TlA-t -L- 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 in the amount not to exceed $64,400.00 as set forth in Exhibit "A" which is attached hereto and incorporated herein by this reference. 4. TIME IS OF THE ESSENCE: Consultant and CIC agree that time is of the essence regarding the performance of this Agreement. 5. STANDARD OF CARE: Consultant agrees to perform all services hereunder in a manner commensurate with the Michael Stanton Architecture July 2004 Page 1 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 CIC nor have any contractual relationship with CIC. 6. INDEPENDENT PARTIES: CIC 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 CIC to its employees, including but not limited to, unemployment insurance, workers' compensation plans, vacation and sick leave are available from CIC 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. 7. 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 CIC and City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Consultant. 8. 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 CIC or 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. 9. HOLD HARMLESS: Consultant shall indemnify, defend and hold harmless the CIC, City of Alameda, 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 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. As to Claims for professional liability only, Consultant's obligation to defend Indemnitees (as set forth above) is limited to the extent to which its professional liability insurance policy will provide such defense costs. Michael Stanton Architecture July 2004 page 2 10. INSURANCE: On or before the commencement of the term of this Agreement, Consultant shall furnish CIC 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: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the CIC 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 CIC and City and licensed to do insurance business in the State of California. Endorsements naming the CIC, City of Alameda, its City Council, boards, commissions, officials, employees, and volunteers 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 Califomia. (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. (3) Automotive: Comprehensive automotive liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence Property Damage: $100,000 each occurrence or Combined Single Limit: $500,000 each occurrence (4) Professional Liability: Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at least $1,000,000. 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 CIC and City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant, CIC or City with respect to the services of Consultant herein, a waiver of any right to subrogation which any such insurer of said Consultant may acquire against. CIC or 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, CIC 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 Michael Stanton Architecture July 2004 Page 3 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: CIC, City of Alameda, 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 CIC 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. 11. 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. 12. 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 CIC. 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 CIC 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 CIC by Consultant. 13. SUBCONTRACTOR APPROVAL: Unless prior written consent from CIC is obtained, only Consultant shall perform services under Agreement, unless Consultant first obtains written approval from CIC. 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. 14. 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. Michael Stanton Architecture July 2004 Page 4 15. 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 CIC. Consultant shall not copyright any Report required by this Agreement and shall execute appropriate documents to assign to CIC 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 CIC, and all publication rights are reserved to CIC. B. All Reports prepared by Consultant may be used by CIC 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 CIC projects as appropriate. C. Consultant shall, at such time and in such form as CIC 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 CIC. 16. RECORDS: Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by CIC that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient 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 CIC or its designees at all proper times, and gives CIC 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. 17. COMMUNITY REDEVELOPMENT LAW REQUIREMENTS: A. To the greatest extent feasible, contracts for work to be performed in connection with any redevelopment project shall be awarded to business concerns which are located in, or owned in substantial part by persons residing in the Business and Waterfront Improvement Project (BWIP), the West End Community Improvement. Project (WECIP), or the Alameda Point Improvement Project (APIP). B. To insure training and employment opportunities for lower - income residents within the BWIP, WECIP or APIP, Consultant and any Subcontractors are encouraged to give employment preference to residents within the BWIP, WECIP or APIP for contracts valued over $100,000. C. Clauses (A) and (B) shall be included in any subcontract. Michael Stanton Architecture July 2004 Page 5 18. NOTICES: All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals from Consultant to CIC shall be addressed to CIC at: City of Alameda Development Services Department 950 W. Mall Square, 2nd Floor Alameda, CA 94501 Attention: Kathleen Kelley All notices, demands, requests, or approvals from CIC to Consultant shall be addressed to Consultant at: Michael Stanton Architecture 444 De Haro Street, Suite 202 San Francisco, CA 94107 -2351 Attention: Michael Stanton, FAIA 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 CIC of written notice of default, specifying the nature of such default and the steps necessary to cure such default, CIC may terminate the Agreement forthwith by giving to the Consultant written notice thereof. CIC 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. 19. 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 CIC of written notice of default, specifying the nature of such default and the steps necessary to cure such default, CIC may terminate the Agreement forthwith by giving to the Consultant written notice thereof. CIC 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. Michael Stanton Architecture July 2004 Page 6 20. COMPLIANCES: Consultant shall comply with all state or federal laws and all ordinances, rules and regulations enacted or issued by CIC. 21. 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. 22. 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 has been secured from CIC to do otherwise. This shall not be interpreted to preclude Consultant from including a description of the work being done for CIC as part of a resume or Statement of Qualifications. 23. WAIVER: A waiver by CIC of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. 24. INTEGRATED CONTRACT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both CIC and Consultant. 25. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party. 26. CAPTIONS: The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. Michael Stanton Architecture July 2004 Page 7 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the day and year first above written. CONSULTAN COMMUNITY IMPROVEMENT Michael Stant- '' COMMISSION 40"/ By: Title: es M. Fli t xecutive Director RECONd1VIENDED FO AP' ROVAL: 4/. Leslie A. Little Development Services Directors Marc Fontes, Acting Manager Business Development Division APPROVED AS TO FORM: eresa Highsmi Assistant City Attorney Michael Stanton Architecture July 2004 Page 8 Exhibit "A" REVISED PROPOSAL FOR PROFESSIONAL SERVICES Submitted To: Kathleen Kelley • Date: 09 June 2004 Submitted By: Michael Stanton, FAIA Regarding: Urban Design Consulting Michael Stanton Architecture (MSA) is pleased to submit this revised proposal to the City of Alameda for professional services related to studying the urban design options for the redevelopment of the portions of Oak Street bordering the historic Alameda movie theatre. This revised proposal modifies the scope of work defined in the 09 June 2004 proposal sent to Marc Fontes. It is based on the directions given at last week's 24 June 2004 project meeting, on the meetings we have attended with the project team, and our experience gained from similar jobs. OBJECTIVE OF THE WORK My understanding is that your primary objective for this conceptual urban design work is to assist the City of Alameda in evaluating the two design options that have been discussed. The first of these two options is a smaller project, which furnishes the parking and support areas necessary for the new cinema complex, both of which would be designed in a manner that would be compatible with the adjacent historic Alameda Theatre. It is assumed this smaller project will include the Video Maniac's site. It is also assumed that it will not require the Longs Drug Store or the Longs parking lot sites, although attention will be paid to producing a conceptual design that will allow the parking to be expanded onto these sites if they become available. The second design option will be a larger project that assumes that the Longs properties are available for the initial construction and that a more expansive development that includes new structured parking and retail on the Longs site, in addition to the cinema related construction will be undertaken. It is anticipated that this larger project will include all of the south side of Oak Street from Central to Santa Clara Streets. Once developed, these alternatives will be used by the City of Alameda to determine the most efficient and productive way to proceed. PROPOSED SCOPE OF SERVICES Phase I — Initial Conceptual Design The goal of this phase will be to generate alternatives for the smaller and larger Revised Proposal for Professional Services City of Alameda 29 June 2004 Page 2 'alternatives and to assist the City of Alameda in evaluation of these two approaches. MSA envisions the following Work Plan to complete this phase: 1. Review and draw existing conditions —MSA will review the existing conditions in the area to be studied, review the initial programs for the new cinema complex, and the City of Alameda Downtown Plan and relevant zoning information. Utilizing documentation provided by City of Alameda, MSA will prepare an electronic base plan for the area to be studied. The verification of existing conditions will include site photographs, plans and elevations of affected and adjacent structures. (In Progress) 2. Initial design alternatives - MSA will prepare alternatives for both the smaller and the larger projects that incorporate desired program functions (such as the required number of parking spaces). MSA envisions providing two (2) or three (3) initial alternatives for each. MSA will review these alternatives with the City of Alameda for review and comment. At this initial meeting MSA present a matrix comparing the features of the alternatives that will use parameters such as estimated cost, ease of phasing, desirable urban features, and the like to assist in evaluating the various alternatives. (Completed) 3. Refining the preferred design - Working with the City of. Alameda and its consultants such as International Parking Design, Andy Barnes, and Kaiser Marston, and others, MSA will refine and develop one schematic alternative of the initial project. The selected solution will incorporate the desirable elements identified in several of the initial options. (Completed) 4. Presentation of preferred initial design — Once the City's input has been incorporated, MSA will prepare a schematic package of drawings to illustrate the preferred initial development for use by the City of Alameda in its discussions with the selected theatre operator /developer. This package will contain a site plan showing the relationship to other urban amenities, floor plans of all principle levels, building sections sufficient to show the vertical relationships between functions, elevation massing studies, and a written summary of the key elements in the preferred alternative. (Completed) 5. Preparation of alternatives for Longs site — MSA will prepare alternatives that show how the Longs site might be incorporated with the preferred initial alternative into a coherent and successful urban design. The emphasis in these studies will be demonstrating ways that Longs might be fitted into the redevelopment with the adjacent parking that they require. MSA will present these alternatives to the City of Alameda and modify the alternatives as required. (In Progress — presentation to City of Alameda on 30 June) Revised Proposal for Professional Services City of Alameda 29 June 2004 Page 4 7. Drawings for Presentation to Longs - MSA will assist the City of Alameda in a presentation of the alternatives to Longs. Phase II - Presentation and Preliminary Pricing Documents The goal of this phase is to furnish additional information required by the City of Alameda. Initially this information will include: 8. Presentation drawings -MSA will prepare perspectives and perspective drawings for public presentation of the preferred alternative. MSA will review the perspective drawings with the City of Alameda and modify the renderings to reflect the City's direction. 9. Pricing documentation - After receiving approval of the initial design direction for the Cineplex and parking structure, MSA will compile a set of preliminary pricing documents for the preferred initial project alternative (option that does not include Longs parcels). It is envisioned that the documents will be provided to a General Contractor, preselected by MSA and City, who will in turn provide an estimate of construction costs. These pricing documents will include the following: • Annotated floor plans and building sections • Exterior elevations • Finish schedule • Quantitative summary of development • Outline specification of building materials and systems • A differentiation document that defines the scope of work that will be executed by the theatre operator 10. Review pricing documentation - MSA will meet with the General Contractor and review in detail the pricing documentation material prepared in Step #9 and other assumptions about the project to help insure that the General Contractor has a thorough understanding of the requirements and expectations of the project. 11. Structural engineering pricing documentation - MSA recommends that, we engage KPFF Structural Engineers to provide a schematic structural design for the new cinema complex and the new garage. This structural information combined with the work outlined above will be of assistance to the General Contractor and will result in a more accurate initial estimate of the likely construction cost. Revised Proposal for Professional Services City of Alameda 29 June 2004 Page 3 6. Review of Alameda Theatre Scope of Work — MSA will meet with ARG and review the proposed scope of work of the historic Alameda Theatre to insure that the work contemplated for the theatre interface smoothly with the adjacent new construction. (Meeting scheduled for 30 June) Revised Proposal for Professional Services City of Alameda 29 June 2004 Page 5 12. Mechanical system pricing documentation - MSA recommends that we engage List Engineering to provide a conceptual mechanical design for the new cinema complex and the new garage. This mechanical information will be outlined in the Outline Specification and will result in a more accurate initial estimate of the likely construction cost. 13. Additional services- For the preferred alternative, MSA will provide design development, construction document preparation, and other architectural services as required by the City of Alameda. If requested, MSA will assist the City of Alameda in the presentations of the alternatives at public hearings and the like. SCHEDULE Work on "Phase I - Initial Concept Design" is ongoing. MSA anticipates that we will be able to complete the scope of services up to and including Steps #8, #9, and #10 ( #11 and #12 if desired) within four (4) weeks after tomorrow's 30 June meeting. COMPENSATION Steps #1 - #7 - MSA's services to date for the work completed on Steps #1 - #5 have been performed at the hourly rates attached to this proposal. The invoice that will be sent to the City of Alameda at the end of this month will be for approximately seventeen thousand nine hundred dollars ($17,900.00). MSA will complete the last of the work described above in the "Phase I - Initial Concept Design" (Steps #1 - #7) for a total not to exceed three thousand five hundred dollars ($3,500.00). Steps #8 - #10 - MSA's services for the work described in Steps #8 - #9 will be a lump sum of twenty -three thousand five hundred dollars ($23,500.00). Step #11 - If the City desires schematic structural design, MSA and KPFF will prepare it for a lump sum fee of sixteen thousand dollars ($16,000.00). Step #12 - If the City desires schematic mechanical criteria, MSA and List Engineering will prepare it for a lump sum fee of three thousand five hundred dollars ($3,500.00). Step #13- MSA's services for additional authorized work will either be performed at the MSA hourly rates attached or for a lump sum to be agreed to at the time the additional work is authorized. Costs listed above total not to exceed $64,400.00. CLARIFICATIONS AND ASSUMPTIONS Revised Proposal for Professional Services City of Alameda 29 June 2004 Page 6 1. The Proposal excludes all work related to Hazardous Materials found on the site. MSA looks forward to providing professional services for this project. After reviewing this proposal, please contact me with your questions or return a signed copy to MSA. Kathleen Kelley City of Alameda Michael Stanton, FAIA Michael Stanton Architecture Revised Proposal for Professional Services City of Alameda 29 June 2004 Page 7 ATTACHMENT I — HOURLY RATES AND REIMBURSABLES Hourly Billing Rates MSA's hourly rates will be: Principal's time at the fixed rate of ONE HUNDRED SIXTY -FIVE DOLLARS ($165.00) per hour (Michael Stanton, FAIA). Associate's time at the fixed rate of ONE HUNDRED THIRTY DOLLARS ($130.00) per hour (Brian Liles, ALA). Project Manager's time at the fixed rate of ONE HUNDRED DOLLARS ($100.00) per hour. Job Captain's time at the fixed rate of EIGHTY FIVE DOLLARS ($85.00) per hour. Technical Level I's time at the fixed rate of SEVENTY FIVE DOLLARS ($75.00) per hour. Technical Level II's time at the fixed rate of SIXTY FIVE DOLLARS ($65.00) per hour. Reimbursables Normal reimbursable expenses (such as long distance telephone calls, messenger services, printing, faxes, automotive expenses, time spent in route, lodging, meals and coach airplane fare with upgrade certificates) will be included in the professional fees listed above. They will be billed monthly at 1.1% actual invoice amount. CITY OF ALAMEDA MEMORANDUM To: Honorable Chair and Members of the Community Improvement Commission From: James M. Flint Executive Director Date: October 6, 2004 Subject: Public Hearing and Resolution on the Updated Implementation Plans for the Business and Waterfront Improvement Project and West End Community Improvement Project BACKGROUND Section 33490 of the California Health and Safety Code, California Redevelopment Law (CRL), requires that on or before December 31, 1994, and each five years thereafter, the CIC prepare an implementation plan for each redevelopment project area. In November 1994, the CIC adopted the First Five -Year Implementation Plans for the West End Community Improvement Project (WECIP) and Business and Waterfront Improvement Project (BWIP). The CIC adopted the Second Five -Year Implementation Plans in November 1999. In 2003, these plans were amended to reflect the changes proposed during the fiscal merger of the BWIP and WECIP, which was adopted May 2003. The Final Draft (copy on file with the City Clerk) includes the revised Implementation Plans for both the WECIP and BWIP included in one document, as allowed by CRL, required to be completed by the end of 2004. The Implementation Plan for the Alameda Point Improvement Project (APIP) is not presented for review at this time because the APIP follows a different Implementation Plan schedule than the BWIP and WECIP. DISCUSSION /ANALYSIS An Implementation Plan is intended to identify programs focused on the goals of each Redevelopment Area, and is not intended to address specific projects. Any specific projects that may be referenced are for illustrative purposes only to help clarify the range of activities that may be initiated and are not intended to represent an inclusive listing. Additionally, programs and projects listed do not limit the CIC from modifying the Plan as need or opportunities arise. The proposed Implementation Plans for FY 2004 -05 -- FY 2008 -09 contain the same programs as the previous Implementation Plans and do not contain any substantive changes in policies or scope. The guiding policy documents for BWIP and WECIP continue to be the Community Improvement Plan, Downtown Vision, Economic Development Strategic Plan and the City's Retail Development Strategy. Dedicated to Excellence, Committed to Service Special Meeting of the CIC Item 2 -A October 19, 2004 Honorable Chair and Members of the Community Improvement Commission The following is an outline of the proposed Implementation Plans: ➢ Goals And Objectives ➢ Programs, Potential Projects And Estimated Expenditures ➢ BWIP Housing Programs ➢ Estimated WECIP Revenues and Expenditures ➢ WECIP Non - Housing Programs ➢ WECIP Housing Programs ➢ Applicable General Plan Policies ➢ Other Applicable City Policies ➢ Blight Conditions ➢ Alleviation Of Blight ➢ Maps of The BWIP and the WECIP ➢ Inclusionary Housing Plan PUBLIC HEARING October 6, 2004 Page 2 A public hearing is scheduled during the October 19, 2004 meeting of the CIC to consider approval of these two Implementation Plans. The purpose of the hearing is to provide an opportunity for the general public to discuss the proposed Updated Implementation Plan in accordance with the California Health and Safety Code. The CIC should then hear any statements or testimony from those present. Following the period of public comment, the Chair should entertain a motion to close the hearing. At this point, the Commission should consider the resolution approving the updated Five Year Implementation Plans for the BWIP and WECIP and adopt an action thereupon. REVIEW BY THE ECONOMIC DEVELOPMENT COMMISSION (EDC) The Draft Implementation Plan was presented to the EDC at their September 16 Regular Meeting. The EDC reviewed the Plan and did not have any suggested changes or comments. ENVIRONMENTAL IMPACT AB 1290 states that adoption of an implementation plan does not constitute a project as defined in Section 21000 of the California Public Resources Code. Under SB 732, adoption of an implementation plan does not constitute the approval of any specific program, project, or expenditure. Thus, each specific project, program or expenditure in an implementation plan will be subject to the standard California Environmental Quality Act (CEQA) review otherwise required at the time of its approval. Dedicated to Excellence, Committed to Service G: \econdev \Kathleen\Misc \Implementation Plan \CIC 10- 19- 04.doc Honorable Chair and Members of the Community Improvement Commission FINANCIAL IMPACT October 6, 2004 Page 3 Implementation Plans do not imply a financial commitment to specific projects. Funding for proposed activities are reviewed annually at the time the CIC budget is adopted. Funding for specific projects or programs are reviewed when the CIC considers approval of a particular project or program. RECOMMENDATION The Executive Director recommends that the CIC adopt a Resolution approving the Revised Implementation Plans for the Business and Waterfront Improvement Project and West End Community Improvement Project. JMF /LAL/MJF/KK:ry fully submitte Leslie A. Little Development Services Director vt)i,_.... By: Marc J. Fontes Redevelopment Manager cc: Park Street Business Association West Alameda Business Association Gerald Ramiza, McDonough, Holland & Allen Dedicated to Excellence, Committed to Service G: \econdev\Kathleen\Misc \Implementation Plan \CIC 10- 19- 04.doc COMMUNITY IMPROVEMENT COMMISSION RESOLUTION NO. APPROVING AND ADOPTING THE FIVE YEAR IMPLEMENTATION PLAN FOR THE BUSINESS AND WATERFRONT AND WEST END COMMUNITY IMPROVEMENT PROJECTS WHEREAS, Section 33490 of the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.), requires that every five years the Community Improvement Commission of the City of Alameda ( "Commission ") must adopt a five -year implementation plan for its Community Improvement Projects, and that at least once within the five -year term of the implementation plan, shall conduct public hearings and hear testimony of all interested parties for the purpose of reviewing the Community Improvement Plans and the corresponding implementation plan for each Community Improvement Project and evaluating the progress of the Community Improvement Projects; and WHEREAS, as required by Health and Safety Code Section 33490, the Commission previously prepared and adopted a Five -Year Implementation Plan ( "Implementation Plan") pertaining to the Business and Waterfront and West End • Community Improvement Projects containing the specific goals and objectives of the 0 Commission for the Projects, the specific programs, including potential projects and estimated expenditures proposed to be made during the five year term of the Implementation Plan for the Projects, and an explanation of how the goals and objectives, programs and expenditures will eliminate blight within the Project Areas and implement the requirements of Sections 33334.2, 33334.4, 33334.6 and 33413; and GENERAL COUNSEL WHEREAS the Commission has reviewed and updated the Implementation Plan and, as required by Section 33490 of the Community Redevelopment Law, a public hearing was held by the Commission on October 19, 2004, for the purpose of reviewing the Implementation Plan and evaluating the progress of the Business and Waterfront and West End Community Improvement Projects and the testimony of all persons interested in the matter was heard; and WHEREAS, notice of the public hearing was published in the Alameda Journal, and was posted in at least four (4) permanent places within each of the Project Areas, as required by Section 33490 of the Community Redevelopment Law; and WHEREAS, the Commission has reviewed and considered the proposed updates to the Implementation Plan. NOW, THEREFORE, THE COMMUNITY IMPROVEMENT COMMISSION OF THE CITY OF ALAMEDA DOES HEREBY RESOLVE AS FOLLOWS: Resolution #2 -A CIC 10 -19 -04 Section 1. The Commission hereby approves and adopts the updated Five -Year Implementation Plan for the Business and Waterfront and West End Community Improvement Projects, in substantially the form currently on file with the Commission Secretary and presented to the Commission at the public hearing held on October 19, 2004, subject to any further minor, technical or clarifying changes that may be approved by Commission Counsel. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Community Improvement Commission of the City of Alameda at a 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 Commission this day of , 2004. Lara Weisiger, Secretary Community Improvement Commission Beverly Johnson, Chair Community Improvement Commission G:\ econdev \Kathleen\Misc\Implementation Plan\ DMDOCSI - #763590- t2- CIC_Reso_Approving New_5- Year_ Implementation _Plan_for_BWIP_and_WECIP.DOC Ms. Mikhaila Rutherford is a student at Alameda High School with a 4.0 grade point average; and Mikhaila has been a dedicated swimmer on the Alameda Islanders Swim team for many years; and Mikhaila was one of ten Bay Area athletes to participate in the September 2004 Athens Greece, Paralympic Games; and in the 2004 Athens Greece, Paralympic Games, Mikhaila won a gold medal in the women's 4 X 100 meter medley relay, a silver medal in the 100 meter breaststroke, a gold medal in the 200 meter individual medley; Mikhaila won a gold medal in the 100 meter backstroke with a new world record in the 2004 Athens Greece, Paralympic Games. NOW THEREFORE, I, Beverly Johnson, Mayor of the City of Alameda, do hereby declare Tuesday, October 19, 2004, as in the City of . Alameda and join with the citizens of Alameda in congratulating Ms. Rutherford for her efforts and accomplishments and wishing her every success in her future e i = . s. Regular CC Meeting Item 3 -A October 19 2004 workingwomen constitute 66 million of the nation's work force and strive to serve their communities, their states and their nation in professional, civic and cultural capacities; women -owned businesses account for 28 percent of all U.S. business, generating $1.15 trillion in sales; the major goals of Business and Professional Women/USA are to promote equality for all women and to help create better conditions for workingwomen through the study of social, educational, economic and political problems; all of us are proud of their leadership in these many fields of endeavor; for 76 years Business and Professional Women/USA has been spotlighting the achievements and contributions of workingwomen during National Business Women's Week, the third week of October; Isle City of Alameda/Business and Professional Women has since 1959 contributed to the economic, political and civil life of our community; and Isle City of Alameda/BPW will recognize local Women of Achievement during its annual National Business Women's Week Awards Ceremony on Saturday, October 23rd, 2004, at 2:00 p.m. at Independence Plaza; NOW THEREFORE, I, Beverly Johnson, Mayor of the City of Alameda, do hereby declare October 17 through October 23, 2004, as in the City of Alameda and urge all citizens to join this salute to workingwomen and to encourage and promote the celebration of the achievements of all business and professional women as they contribute daily to econom 'c, civic and cultural purposes. City of Alameda California PROCLAMATION WHEREAS, each year, approximately 3 million children observe abuse of one parent by another; and WHEREAS, children living in homes with domestic violence are 15 times more likely to be neglected, and 70% will be physically or sexually abused; and WHEREAS, many children witnessing domestic violence come to believe that violence is acceptable, and begin to display various emotional, physical and behavioral disturbances; and WHEREAS, 36% of adolescent girls, who have dated between the ages of 13 -18, report they have experienced physical violence in a dating relationship; and WHEREAS, Alameda victims of domestic violence number in the hundreds, including several who have been killed by their abusers; and WHEREAS, thousands more, including children, families, friends and neighbors have suffered from the ill effects of domestic violence in their lives and neighborhoods; and WHEREAS, law enforcement officials, mental health and public health professionals, non -profit agencies, faith -based organizations, natural helpers and citizens of the City of Alameda recognize that domestic violence is incompatible with healthy relationships and that breaking the cycle of violence requires a focused and coordinated community response; and WHEREAS, the City of Alameda Domestic Violence Task Force was created in 2000 to coordinate domestic violence prevention and intervention services in the City of Alameda, and seeks to mobilize all members of our community to take a proactive role in building a domestic violence -free community; and NOW, THEREFORE, BE IT RESOLVED that I, Beverly J. Johnson, Mayor of the City of Alameda, hereby proclaim the month of October 2004 to be Domestic Violence Awareness Month in the City of Alameda and urge the citizens of Alameda to participate in events and avail themselves of information to increase community awareness of this serious health and societal issue. Office of the Mayor 2263 Santa Clara Avenue, Room #320 Alameda, California 94501 -4477 510.747.4701 Office • Fax 510.747.4704 • TDD 510.522.7538 Regular CC Meeting Item 3 -C October 19, 2004 UNAPPROVED MINUTES MINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY- - OCTOBER 5, 2004- -6:00 P.M. Mayor Johnson convened the Special Meeting at 6:50 p.m. Roll Call - Present: Councilmembers Daysog, Gilmore, Kerr, Matarrese and Mayor Johnson - 5. Absent: None. The Special Meeting was adjourned to Closed Session to consider: (04- ) Conference with Legal Counsel - Existing Litigation; City of Alameda v. FG Managing Member, et al. (04- ) Conference with Legal Counsel - Anticipated Litigation; Initiation of Litigation pursuant to Subdivision (c) of Section 54956.9; Number of cases: One. Following the Closed Session, the Special Meeting was reconvened and Mayor Johnson announced that regarding Existing Litigation, the Council obtained briefing from Legal Counsel and gave direction; regarding Anticipated Litigation, the Council obtained briefing from Legal Counsel and authorized litigation against WorldTech. Adjournment There being no further business, Mayor Johnson adjourned the Special Meeting at 7:45 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 October 5, 2004 UNAPPROVED MINUTES MINUTES OF THE SPECIAL JOINT CITY COUNCIL AND COMMUNITY IMPROVEMENT COMMISSION MEETING TUESDAY- - OCTOBER 5, 2004- -5:30 P.M. Mayor /Chair Johnson convened the Special Joint Meeting at 5:30 p.m. Roll Call - Present: Councilmembers /Commissioners Daysog, Gilmore, Kerr, Matarrese and Mayor /Chair Johnson - 5. Absent: None. The Special Joint Meeting was adjourned to Closed Session to consider: (04- ) Conference with Real Property Negotiators; Property: Former Fleet Industrial Supply Center (FISC); Negotiating parties: Catellus Development Corporation and Community Improvement Commission; Under negotiation: Price and terms of payment. Following the Closed Session, the Special Meeting was reconvened and Mayor /Chair Johnson announced the Council /Commission obtained briefing from real property negotiators and gave direction. Adjournment There being no further business, Mayor /Chair Johnson adjourned the Special Joint Meeting at 6:50 p.m. Respectfully submitted, Lara Weisiger, City Clerk Secretary, Community Improvement Commission The agenda for this meeting was posted in accordance with the Brown Act. Special Joint Meeting Alameda City Council and Community Improvement Commission October 5, 2004 UNAPPROVED MINUTES MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY - - OCTOBER 5, 2004 - - 7:30 P.M. Mayor Johnson convened the regular meeting at 8:02 p.m. Councilmember Matarrese led the Pledge of Allegiance. 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- ) Proclamation honoring Amey Stone for her 17 years of dedicated service as a Trustee of the Peralta Community College District. Mayor Johnson read and presented the proclamation to Amey Stone. Ms. Stone thanked the Council for the proclamation and for efforts to develop a closer relationship between the City and the College of Alameda. (04- ) Certificates of appreciation to staff for serving the City of Alameda and its residents through their extraordinary efforts in addressing the Harbor Island Apartments crisis. Mayor Johnson presented certificates to: Carol Korade, Cheryl Smith, Lori Amaya, Elaine Chueng, Donna Mooney, Lynette Mladnich, Lana Stoker, Kadeane Rowan, Leslie Little, Carol Beaver, Terri Wright, Michele Koka, Gail Patton, Tim Higares, Robert Frankland, Michelle Gitmed, Leon King, Ken Gong, Eddie Dikitanan, Anthony Rolley, and Paul Benoit; and thanked the following employees not present: Agnes Bergez, Mamette Icatar Asuncion, Terri Highsmith, Elizabeth Acord, Mike Pucci, Kara Korbel, Sherri Shefik, Ellen Hernandez, DeeDee Adeosun, Lucy Canlas, Kathy Rayburn, Brenda Wong, Ellen Green, Frani Erwen, Kay Wetherwax, Eric Fonstein, Bruce Knopf, Elizabeth Cook, Emily Parodi, Susie Brown, and Marcia Tsang. The City Attorney noted the tremendous staff effort. (04- ) New Main Library Project update. Regular Meeting Alameda City Council October 5, 2004 1 The Project Manager gave a brief update and provided a handout outlining value engineering alternatives. Councilmember Kerr inquired whether deductions for the Library Project were in the amount of $5 million, to which the Library Project Manager responded the proposed deductions total $5,071,000. Councilmember Kerr stated the reductions were good news; inquired whether the Office of Library Construction (OLC) would be favorable to reducing the number of parking spaces. Mayor Johnson responded that the OLC is inclined to be more favorable to alternative parking spaces; the OLC believes parking is important for library accessibility; that she is confident the parking issue will be resolved. The Library Project Manager stated the parking space decision rests with the State Librarian, who is the former San Francisco head Librarian; stated that he is confident there will be a fair hearing. Vice Mayor Daysog inquired whether changes would result in the same type library. The Library Project Manager responded there are no square footage reductions and no impacts on function or operation, with the one exception of eliminating the staff elevator; the staff elevator shaft would be retained for future installation. Vice Mayor Daysog inquired what the savings from eliminating the staff elevator would be, to which the Project Manager responded approximately $150,000. In response to Vice Mayor Daysog's inquiry about the largest savings, the Project Manager stated the largest savings was the parking structure, the second largest was the staircase and the third largest savings was the barrel vault roof on the Lincoln Avenue elevation. Vice Mayor Daysog inquired whether the roof would be flat. The Project Manager responded in the affirmative; noted that shed skylights are proposed. In response to Vice Mayor Daysog's inquiry about the savings from the roof, the Project Manager stated there would be a $300,000 savings. Regular Meeting Alameda City Council 2 October 5, 2004 Vice Mayor Daysog inquired the as to the amount of savings from parking changes, to which the Project Manager responded $676,000. Councilmember Matarrese inquired whether the Library Building Team would review the list and provide comments and dollar values to Council, to which the Project Manager responded in the affirmative. Mayor Johnson inquired whether construction was scheduled to start in December, to which the Project Manager responded construction is weather dependent; that he would be meeting with the soil engineer to discuss on the foundation. (04- ) The City Auditor stated that he is concerned about not being informed of a theft at the Golf Course and the decision to have an outside auditor review the matter; questioned whether there was a control or accounting issue; requested to see the audit document; stated that he did not believe that the City's policy is to hire outside auditors on a department -by- department basis; the Charter gives him the authority to hire outside auditors; that he should be contacted to decide whether an outside auditor is needed; .elected officials are a buffer between City staff and citizens. Mayor Johnson requested that the report be provided to the City Auditor. The City Auditor stated that he does not want to overstep his role and would adhere to the authority the Charter gives him; noted an independent person should be involved in accounting issues; that he is independent from City staff. Mayor Johnson inquired what the Charter provisions are regarding notifying the City Auditor. The City Attorney read the Charter section pertaining to the duties of City Auditor; stated that the Charter does not prevent procedures from being established. Mayor Johnson stated the Council should adopt a policy establishing when the City Auditor should be notified; there should be a more formal policy on audit issues. The City Attorney responded that the Council could adopt a policy or the City Manager could propose management practices. Mayor Johnson stated that Council adopting a policy would be more formal. Regular Meeting Alameda City Council October 5, 2004 3 Vice Mayor Daysog suggested that the City Auditor provide policy recommendations; stated the City Auditor needs to be completely informed. The City Auditor stated that there should be a policy to ensure that an independent person is involved. Vice Mayor Daysog noted that the City Auditor assisted with a similar instance involving an employee's transactions with WorldTech. Mayor Johnson requested that the City Auditor work with staff to propose a policy to Council. Councilmember Kerr moved that the City Auditor and staff develop a proposed accounting control policy for Council review and approval. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. CONSENT CALENDAR Mayor Johnson announced that the Minutes [paragraph no. 04- ] and the Resolution Opposing Proposition 68 [paragraph no. 04- ] were removed from the Consent Calendar for discussion. Councilmember Matarrese moved approval of the remainder of the Consent Calendar. Councilmember Kerr 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 Joint City Council and Golf Commission Meeting held on September 15, 2004. Amended. Councilmember Matarrese requested that the minutes for each meeting be voted on separately; requested that Vice Mayor Daysog, Councilmember Gilmore and the City Auditor be provided with the report presented at the Special Joint City Council and Golf Commission Meeting of September 15, 2004. Councilmember Matarrese moved that the Minutes be amended to include that a report on a theft incident and audit was discussed and provided to Council. Regular Meeting Alameda City Council October 5, 2004 4 Councilmember Kerr seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Kerr, Matarrese and Mayor Johnson - 3. Abstentions: Councilmembers Daysog and Gilmore - 2 (04= A) Minutes of Special City Council Meeting of September 16, 2004. Approved. Councilmember Matarrese moved approval of the Minutes. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. (04- B) Minutes of Special City Council Meeting of September 21, 2004. Approved. Vice Mayor Daysog moved approval of the Minutes. Councilmember Gilmore seconded the motion, which carried by unanimous voice vote - 5. (04- C) Minutes of. Regular City Council Meeting of September 21, 2004. Approved. Councilmember Gilmore moved approval of the Minutes. Vice Mayor Daysog seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Daysog, Gilmore, Kerr, and Mayor Johnson - 4. Abstentions: Councilmember Matarrese - 1. ( *04- ) Recommendation to adopt specifications and authorize call for bids for the purchase of five (5) marked vehicles. Accepted. (04- ) Resolution 13769, "Opposing Proposition 68, Gaming Revenue Act of 2004, on the November 2, 2004 State -wide Ballot." Adopted. Vice Mayor Daysog stated that he would abstain because he still needed to review Propositions 68 and 70. Councilmember Kerr stated if tribes would accept being taxed 25%, the card clubs and race tracks would not be involved; that she is angry about casino gambling coming to California and has a strong objection to Congressman Miller's philosophy; that she does not like life with or without Proposition 68; any revenue from Proposition 68 would go to additional firefighters and police officers; that she would support the Proposition if revenues went to the City's General Fund; however, continued expansion of casino Regular Meeting Alameda City Council 5 October 5, 2004 gambling on Indian lands bothers her; several gaming tribes are getting around the slot machine ban by having video machines. Mayor Johnson stated getting around the 25% tax by having gambling methods not meet the definition is a problem; nothing is being promised in exchange for gambling expansion. Councilmember Kerr stated if Proposition 68 passes and a 25% tax is paid, there would not be more expansion than if the Proposition does not pass; there is no protection against claiming more and more urban land. Mayor Johnson stated Proposition 68 identifies specific gambling locations; one location is Golden Gate Fields; that she does not support Proposition 68. Councilmember Matarrese stated that he would be inclined to have Council not support Proposition 68; Proposition 68 provides structure to make expansion of gambling in California easier; stated that he opposes Proposition 68. Councilmember Gilmore stated that the 25% tax rate is a smoke screen; the exemption from local zoning laws and California Environmental Quality Act bothers her; by having a 25% tax rate, California citizens would not have the option of raising State and local tax if crime costs at gambling facilities is higher; that she opposes the Proposition. Councilmember Matarrese moved adoption of resolution. Councilmember Gilmore seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Gilmore, Matarrese and Mayor Johnson - 3. Abstentions: Councilmembers Daysog and Kerr - 2. ( *04- ) Ratified bills in the amount of $3,187,423.41. REGULAR AGENDA ITEMS (04- ) Resolution No. 13770, "Appointing Arthur Kurrasch as a Member of the City Housing Commission." Adopted. Councilmember Matarrese moved adoption of the resolution. Councilmember Gilmore seconded the motion, which carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office and presented Mr. Kurrasch with a certificate of appointment. Regular Meeting Alameda City Council 6 October 5, 2004 (04- ) Resolution No. 13771, "Appointing Jeff Knoth as a Member of the City Transportation Commission." Adopted. Councilmember Matarrese moved adoption of the resolution. Councilmember Gilmore seconded the motion, which carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office and presented Mr. Knoth with a certificate of appointment. (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 November 3, 2004. (04- ) Discussion of Section 30 -15, Work Live Studios, of the Alameda Municipal Code. The Supervising Planner gave a brief presentation outlining potential work /live projects. Anne Bevan, Alameda, urged Council to find a way to make work /live studios possible. Pat Bail, Alameda, stated that exceptions to a Charter provision Regular Meeting Alameda City Council 7 October 5, 2004 should not be made with an ordinance. Kame Richards, Pineapple Sails, stated applying [1973] Measure A to residential communities makes good sense; however, industrial neighborhoods are a great location for more dense residences, such as work /live studios. Vice Mayor Daysog stated that it has been almost six years since the work /live ordinance passed; there has been only one project; questioned whether an ordinance should trump a Charter provision; stated ordinance provisions are not consistent; the ordinance passed in May 1973 putting Measure A into effect allows residential units to be combined with commercial sites as long as there are not more than two units; the 1998 work /live ordinance trumped said provision; there is a conflict between the work /live ordinance and the spirit of Measure A; now is the time to reevaluate the work /live ordinance; the community has great ideas to preserve Victorians and historical buildings; the public should review the ordinance, Commissions should make recommendations, and the community should vote on the matter. Councilmember Kerr stated the intent of the work /live ordinance, preservation of historical buildings, is good; however, the work /live ordinance is an ordinance; that she is concerned because developers have discussed new construction of work /live units west of Sherman Street; appropriate wording of the work /live ordinance should be voted on by the people. Councilmember Gilmore inquired whether there were 34 potential buildings or 34 potential work /live units, to which the Supervising Planner responded calculations indicate there could be 35 studios in 7 buildings. Mayor Johnson inquired whether historic preservation is part of the ordinance. The Supervising Planner responded that work /live is not limited to historic buildings; however, one of the purposes of the ordinance is to preserve historic buildings. Vice Mayor Daysog inquired whether work /live eligibility is based on the building being historic or on the study list. Mayor Johnson responded both are eligible; the purpose of the ordinance is preservation of historic structures; inquired whether applying said intent was appropriate for an ordinance. The City Attorney responded applying the work /live ordinance Regular Meeting Alameda City Council 8 October 5, 2004 depends upon more than the eligible buildings; staff would only grant a Use Permit if the terms and conditions of a project were consistent with the purpose of the ordinance. Mayor Johnson stated there should be language changes to make the ordinance more consistent with the intent. Councilmember Gilmore stated if the intent of the ordinance is preserving historic buildings, it has not worked; one application has been submitted since 1998; that she is interested in the historic distinction; many old buildings do not need to be saved; there should be distinction between a historic building that has value and a building that is old and falling down. Mayor Johnson requested that the Economic Development Plan for the Northern Waterfront be brought to Council; stated historic structures continue to deteriorate over time; an aggressive plan is needed to redevelop the Northern Waterfront; there is a limited amount of time when bond financing can be issued. Councilmember Matarrese stated while Measure A was effective in protecting residential areas, a distinction with work /live is that living is incidental; the ordinance is a tool to promote saving old buildings; work /live provides an opportunity to meet other goals, such as taking a commuter car off the street; that he is in favor of reviewing the ordinance; that he is not sure whether the ordinance should be restricted to historic buildings; there are empty buildings in commercial zones that could be put back to commercial use and generate business tax. Mayor Johnson stated the issue should be reviewed in terms of economic development. Vice Mayor Daysog stated other cities do not have Measure A issues; that he is concerned about the work /live ordinance colliding with Measure A; that he would like to rescind the ordinance and start fresh; that he would be willing to have Commissions review the matter as long as there is an understanding that the Council would put the matter to the vote of the people. Councilmember Kerr stated the work /live ordinance extends to CM zoning, not just M -1 and M -2; that she would not want to extend the ordinance to C -1 and C -2 because business districts depend upon retail for vitality. In response to Mayor Johnson's inquiry about the potential new development projects Councilmember Kerr referenced, Councilmember Kerr stated that she would provide the report to Council. Regular Meeting Alameda City Council 9 October 5, 2004 Mayor Johnson inquired whether staff should have the report. Councilmember Kerr responded in the affirmative; stated that work /live was passed to preserve existing buildings and bring new vitality to a certain district and was not meant for new construction. Councilmember Matarrese stated the obvious end product would be to put something in place governing work /live and bring the matter to a vote of the people; public hearings are a deliberate process; the Council has the right and obligation to place the matter on the ballot. Mayor Johnson stated that she views the ordinance even more ineffective now because potential projects could face lawsuits. Vice Mayor Daysog moved that the Historical Advisory Board, Planning Board and Economic Development Commission provide input, advice, and wisdom on the work /live matter to fine -tune the legislation along the numerous lines discussed by the Council tonight, with a stated purpose of ultimately bringing the issue back to Council for incorporation into the Charter [by a vote of the people]. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. (04- ) Recommendation to authorize execution of Contract with William Norton for Acting /Interim City Manager Services. Councilmember Kerr moved approval of the recommendation. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. (04- ) Recommendation to approve a Request for Proposal for City Manager recruitment. Councilmember Gilmore moved approval of the recommendation. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. ORAL COMMUNICATIONS, NON- AGENDA (04- ) Lorraine Lilly, Harbor Island Tenants Association, stated the eviction process has created an unsafe environment; the Regular Meeting Alameda City Council 10 October 5, 2004 Association requests: 1) Alameda Police Department provide 24/7 police protection and that the police officers walk through the building, 2) the City require the 15 Asset Management security guards to walk through each floor of each building several times per day, and 3) the code enforcement department prevent any further boarding up of the buildings and require the 15 Asset Management to remove existing boards. Mayor Johnson requested Ms. Lilly to provide a copy of her letter to the City Manager and City Attorney for follow up. (04- ) Jon Spangler, Alameda, thanked staff for their quick response in having the unsafe trees around the Franklin School area removed. COUNCIL COMMUNICATIONS (04- ) Consideration of Mayor's nomination for appointment to the Civil Service Board. Mayor Johnson nominated Michael Rich for appointment to the Civil Service Board. (04- ) Consideration of Mayor's nomination for appointment to the Golf Commission. Mayor Johnson nominated Sandre Swanson for reappointment to the Golf Commission. (04- ) Consideration of Mayor's nomination for appointment to the Planning Board. Mayor Johnson nominated Rebecca Kohlstrand Parsons for appointment to the Planning Board. (04- ) Councilmember Kerr stated that San Leandro is negotiating with the Oakland Airport to add instrument landing to 27 left [runway]; requested a staff report addressing effects; stated that 27 left is causing enough grief presently. Mayor Johnson inquired whether the matter was brought before the Airport Operations Committee. Vice Mayor Daysog responded in the negative; stated there are a range of issues between the Port of Oakland and San Leandro that the staff and committee members are carefully watching. Mayor Johnson requested that the matter be placed on the Airport Regular Meeting Alameda City Council 11 October 5, 2004 Operations Committee agenda. Vice Mayor Daysog stated the matter would be placed on the agenda and that Council would be updated. (04- ) Councilmember Kerr stated that she attended an ABAG meeting on regional preparedness for disasters; a member of the California State Automobile Association stated that their employees are provided with emergency supplies to restart inoperable vehicles in an emergency situation; the Alameda County Health Director stated that Great Britain had suspended Chiron's business license for three months, which would reduce the County's vaccine availability by 100,000; San Mateo spoke on the necessity of adequate fuel and water supplies; Port security would be discussed tomorrow; stated meeting materials would be left in the bookcase next to Council offices for review. (04- ) Mayor Johnson requested that Internet golf package fees mentioned at the last Golf Commission meeting be brought back to Council for review. (04- ) Vice Mayor Daysog stated the commissions and staff should provide work /live recommendations to Council by April, May or June, 2005. ADJOURNMENT There being no further business, Mayor Johnson adjourned the Regular Meeting at 10:01 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Council October 5, 2004 12 UNAPPROVED MINUTE S MINUTES OF THE SPECIAL CITY COUNCIL MEETING WEDNESDAY- - OCTOBER 6, 2004- -5:35 P.M. Mayor Johnson convened the Special Meeting at 7:45 p.m. Roll Call - Present: Councilmembers Gilmore, Kerr, Matarrese, and Mayor Johnson - 5. Absent: Councilmember Daysog -1. The Special Meeting was adjourned to Closed Session to consider: (04- ) 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. Following the Closed Session, the Special Meeting was reconvened and Mayor Johnson announced the Council obtained briefing from labor negotiators and gave instructions. Adjournment There being no further business, Mayor Johnson adjourned the Special Meeting at 9:25 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 October 6, 2004 CITY OF ALAMEDA MEMORANDUM Date: September 30, 2004 To: Honorable Mayor and Councilmembers From: James M. Flint City Manager Re: Recommendation to Accept the Work of SpenCon Construction, Inc., for Repair of Portland Cement, Concrete Sidewalk Curb, Gutter, Driveway and Minor Street Patching, Fiscal Year 2003/2004, No. P.W. 07 -03 -15 BACKGROUND The City of Alameda contracts for the permanent repair of sidewalks, curbs, gutters and driveway approaches on an annual basis. Locations for repair are identified by citizen call -ins and by an annual inspection program. On November 18, 2003, Council awarded a contract in the amount of $170,940.00, including contingencies, to SpenCon Construction, Inc., (SpenCon) for the annual repair and replacement of sidewalks, No. P.W. 07- 03 -15. This contract also provides for additional work as requested by the City and mutually agreed by the Contractor within the next five years with an automatic adjustment for inflation. On July 20, 2004, Council authorized the City Manager to execute subsequent amendments to the agreement with SpenCon for the Annual Sidewalk Repair Program. The First Amendment to Agreement, in the amount of $170,000.00, was then executed with SpenCon for the second group of sidewalk repair locations. The Second Amendment to Agreement, in the amount of $177,500, was executed on September 7, 2004, with SpenCon for the third group of sidewalk repair locations, Fiscal Year 2004/2005; this group of locations is currently under construction. DISCUSSION /ANALYSIS The project, including the original contract and the First Amendment to Agreement, has been completed in accordance with plans and specifications and is acceptable to the Public Works Department. The final project cost for the original contract is $162,127.42. No extra work was issued for the original contract. Dedicated to Excellence, Committed to Service Gryofklameda Ppublic Works apartment Public Works Wrckvk Yu! Regular CC Meeting CC: Item 4 -B October 19, 2004 Honorable Mayor and Page 2 Councilmembers September 30, 2004 Two extra work orders were issued for the First Amendment to Agreement. Extra Work Order No. 1 was for the construction of the concrete driveway for the Marketplace on Park Street. Extra Work Order No. 2 was for construction of two bus stop curb extensions at the intersection of Encinal Avenue and Versailles Avenue and at the intersection of Encinal Avenue and Grove Street. The final project cost for the First Amendment to Agreement, including extra work orders, is $125,992.63. BUDGET CONSIDERATION/FINANCIAL IMPACT Funding for the project is budgeted under CIP 82 -02 using Measure B funds. RECOMMENDATION The City Manager recommends that the City Council, by motion, accept the work of SpenCon Construction, Inc. for Repair of Portland Cement, Concrete Sidewalk Curb, Gutter, Driveway and Minor Street Patching, Fiscal Year 2003/2004, No. P.W. 07- 03 -15. Respect lly submitted, Matthew T. Naclerio Public Works Director 1/‘4 By: hn V. Wankum upervising Civil Engineer MTN /JVW:gc cc: Measure B Watchdog Committee G: \PUB WORKS\P WADMIN\ COUNCIL \2004\ 101904\spenconaccept.doc Dedicated to Excellence, Committed to Service cnoraameda �ubIi(Works epartment Public Works IYnrdsfor Km! CITY OF ALAMEDA MEMORANDUM Date: October 4, 2004 To: Honorable Mayor and Councilmembers From: James M. Flint City Manager Re: Recommendation to Adopt a Resolution Approving Tentative Parcel Map No. 8474 (2430- 2490 Mariner Square Loop) BACKGROUND An application was made by Kier and Wright Associates for Limar Realty requesting approval of Tentative Parcel Map No. 8474, a subdivision of Parcel Map No. 7026, consisting of two parcels of 3.7 and 4.6 acres into four parcels of 1.94, 1.7, 2.15 and 2.4 acres respectively. Mariner Square Loop and the Webster Street portal tube bound the property, located at 2430 -2490 Mariner Square Loop. DISCUSSION /ANALYSIS On September 13, 2004, the Planning Board approved Tentative Parcel Map No. 8474 per Planning Board Resolution No.04 -56 and recommended that the City Council approve the tentative parcel map. The site is fully developed with four office /research and development buildings of one and two stories each surrounded by parking and landscaping. No construction or substantial new public or private site improvements of roadways are planned at this time. Public Works has provided conditions of approval that are incorporated into the Planning Board resolution. Approval of the tentative parcel map by the City Council is required per Chapter 30, Subsection 78 -5 of the Alameda Municipal Code (AMC). If approved, the applicant will have two (2) years in which to file a final parcel map in accordance with Section 66452.6 of the State of California Subdivision Map Act. The applicant has deposited sufficient funds to cover stated charges for the review of the Tentative Parcel Map. BUDGET CONSIDERATION/FINANCIAL IMPACT Approval of the tentative parcel map and resolution does not affect the General Fund. Dedicated to Excellence, Committed to Service UyofAlameda Ppublic Works apartment Public Works Work. fruu You! Regular CC Meeting CC: Item 4 -C October 19, 2004 Honorable Mayor and Councilmembers RECOMMENDATION Page 2 October 4, 2004 The City Manager recommends that the City Council, by motion, adopt a resolution approving Tentative Parcel Map No. 8474 (2430 -2490 Mariner Square Loop). MTN:BH:gc Respectfully submitted, Matthew T. Naclerio Public Works Director By: Barbara Hawkins Supervising Civil Engineer G :\PUBWORKS\PWADMIN \COUNCIL\2004 \101904 \TentativeParcel Map 8474.doc Dedicated to Excellence, Committed to Service GtvofAlmth bbIicWorks Department Public %Its 11 »ixfr You/ E O LI- m co CITY OF ALAMEDA RESOLUTION NO. APPROVING TENTATIVE PARCEL MAP NO. 8474 FOR A FOUR LOT SUBDIVISION AT 2430 -2490 MARINER SQUARE LOOP WHEREAS, an application was made on April 6, 2004, by Kier and Wright Associates for Limar Realty requesting a Tentative Parcel Map No. 8474, to subdivide Parcel Map No. 8474 consisting of two parcels of 3.7 and 4.6 acres into four parcels of 1.94, 1.7, 2.15 and 2.4 acres respectively, each developed with office /research and development buildings, associated parking and landscaped areas from a single ownership to 4 fee simple ownerships; and WHEREAS, the Tentative Parcel Map was deemed Incomplete with comments dated May 4, 2004, and was accepted as Complete on August 10, 2004; and WHEREAS, the subject property is designated as Business Park on the General Plan Diagram; and WHEREAS, the subject property is located in a M -2/PD, General Industry- Manufacturing, Planned Development Combining Zoning District; and WHEREAS, the Planning Board held a public hearing on this application on September 13, 2004, and recommended approval of the Tentative Parcel Map 8474 to the City Council; and WHEREAS, the City Council held a public hearing on October 19, 2004, to consider the Tentative Parcel Map and examined pertinent maps, drawings and documents; and WHEREAS, the City Council makes the following findings regarding the proposed Tentative Parcel Map: 1. The proposal is consistent with the applicable General Plans and Specific Plans because the proposal does not propose a change in the existing consistent office /research and development use. 2. The design or improvement of the proposed subdivision is consistent with the applicable General Plans or Specific Plans because the project will permit a conversion from two single ownerships to divided ownership for four parcels and does not include any improvements to the site or the existing buildings. 3. The site is physically suitable for the type of development. A change to ownership pattern will have no effect on the existing site development. 4. The site is physically suitable for the density of the development. A change to ownership pattern will have no effect on the existing density of the site. Resolution #4 -C CC 10 -19 -04 5. The design of the subdivision or proposed improvement is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. No improvements are proposed for the site and there is no significant wildlife habitat on the site. 6. The design of the subdivision or improvement will not conflict with easements acquired by the public at large for access through or use of property within the subdivision. All existing easements are required to be retained and additional necessary access and other easements are being provided. 7. The design of the subdivision or the type of improvements is not likely to cause serious public health problems. The change to ownership pattern will not affect public health. 8. Conformity with the Planned Development is achieved. Approval of this Tentative Map shall be subject to the applicant securing approval of easements, which addresses parking and landscaping. The Planning Board finds that no Planned Development Amendment is needed for the division of parking between new parcels, because the Planned Development has reduced parking required and the division is generally equitable and even, and there is shared parking by easements. NOW, THEREFORE BE IT RESOLVED, that the Planning Board and City Council of the City of Alameda finds that the project is Categorically Exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15315 (Minor Land Divisions). BE IT FURTHER RESOLVED that the Planning Board hereby recommends that the City Council approve Tentative Parcel Map No. 8474, subject to the following conditions: APPROVED PLANS 1. The Final Map shall be in substantial compliance with the plans prepared by Kier and Wright Engineers dated March 2004, titled "Parcel Map 04- 001/8474" showing parcels, consisting of two sheets, marked Exhibit "A" and on file in the office of the City of Alameda, Planning and Building Department. VESTING 2. The Tentative Parcel Map shall expire two (2) years from the date of approval unless vested by the recordation of the Final Parcel Map. Alternatively, the applicant may seek an extension by the City Council prior to the end of the two (2) year period. PARKING BALANCE 3. The Planning and Building Director and City Engineer may require modification of property line boundaries between tentative and final parcel map to assure that the balance of parking, as reduced by the Planned Development, for Parcels C and D, is within the proportions provided by the Planned Development; otherwise a Planned Development Amendment will be filed for this purpose and approved prior to Final Map. HOLD HARMLESS 4. Pursuant to California Government Code Section 66474.9(b), the City of Alameda requires as a condition of this Parcel Map approval that the applicant, or its successors in interest, defend, indemnify, and hold harmless the City of Alameda or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, and employees to attack, set aside, void, or annul, an approval of the City concerning the subject property, which action is brought within the time period provided for in Government Code Section 66499.37. The City of Alameda shall promptly notify the developer of any claim, action or proceeding and the City shall cooperate fully in the defense. If the City fails to promptly notify the developer of any claim, action, or proceeding, or if the City fails to cooperate fully in the defense, the developer shall not hereafter be responsible to defend, indemnify, or hold harmless the City. ACKNOWLEDGEMENT OF CONDITIONS 5. The applicant shall acknowledge, in writing, all conditions of approval and accept this permit subject to conditions, with full awareness of applicable provisions of the Alameda Municipal Code for this Tentative Parcel Map to be exercised. DECLARATION OF EASEMENTS 6. A Declaration of Easements (or similar instrument) shall be recorded concurrently with the Parcel Map which establishes joint maintenance responsibilities, common area easements for ingress, egress, parking, utilities including storm drains and sanitary sewer pipes, surface drainage, sidewalks, common area landscaping and lighting. The Declaration of Easements shall be incorporated in any deed or other instrument of conveyance. The amended Declaration of Easements shall be reviewed and approved by the City Engineer, Planning and Building Director and the City Attorney. The declaration of easements for parking shall include a schedule in tabular form indicating the required number of parking spaces per parcel based on the Planned Development requirements. OTHER CONDITIONS 7. The subdivider shall pay for all reasonable office and engineering costs expended by the Public Works Department, including overhead, in conjunction with reviewing the Parcel Map and in obtaining the map signature of the City's consulting surveyor. 8. The subdivider shall provide to the Public Works Department a cashier's check in the amount of $200.00 to guarantee a mylar copy of the recorded final Parcel Map in a form approved by the City Engineer. 9. Storm drain and sanitary sewer pipes, manholes and catch basins are private, not public. Cleaning and maintenance will be the responsibility of the property owners as per Declaration of Easements. Inlet filter inserts or other comparable retention method, to the approval of the City Engineer, shall be provided at all existing grate catch basin inlets for any replacement drainage. The property owner shall enter into a storm water treatment measures maintenance agreement with the City of Alameda assuring both the responsibility for the operation and maintenance, and the agreement shall be recorded. Applicant shall comply with California Regional Water Quality Control Board Order R -2- 2003 -0021, NPDES Permit No. CAS0298313, Section C3e. NOTICE. No judicial proceedings subject to review pursuant to California Code of Civil Procedure Section 1094.5 may be prosecuted more than ninety (90) days following the date of this decision plus extensions authorized by California Code of Civil Procedure Section 1094.6. NOTICE. The conditions of project approval set forth herein include certain fees and other exactions. Pursuant to Government Code Section 66020 (d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations and exactions. The applicant is hereby further notified that the ninety (90) day appeal period in which the applicant may protest these fees and other exactions, pursuant to Government Code Section 66020 (a) has begun. If the applicant fails to file a protest within this ninety (90) day period complying with all requirements of Section 66020, the applicant will be legally barred from later challenging such fees or exactions. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 19h day of October, 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 October 14, 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 129161- 129617 E12713 - E12816 EFT 096 EFT 097 Void Checks: 128346 129075 129115 129159 129506 GRAND TOTAL Allowed in open session: Date: City Clerk Approved for payment: Date: Finance Director Council Warrants 10/19/04 Amount 1,811,532.79 57,363.52 149,475.00 150,000.00 (9,250.00) (475.90) (97.00) (248.88) (11, 574.00) 2,146, 725.53 Respectfully submitted, Pamela J. Sibl BILLS #4 -D 10/19/04 CITY OF ALAMEDA RESOLUTION NO. APPOINTING MICHAEL K. RICH AS A MEMBER OF THE CITY CIVIL SERVICE 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, MICHAEL K. RICH is hereby appointed to the office of member of the Civil Service Board of the City of Alameda for the term commencing on October 19, 2004 and expiring on June 30, 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 o day of , 2004, by the following vote to wit: ©_- AYES: 0 cu NOES: ABSENT: ABSTENTIONS: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this day of , 2004. Lara Weisiger City Clerk Resolution #5 -A 10 -19 -04 CITY OF ALAMEDA RESOLUTION NO. REAPPOINTING SANDRE SWANSON AS A MEMBER OF THE CITY GOLF COMMISSION BE IT RESOLVED by the Council of the City of Alameda that pursuant to Sections 2 -9.2 of the Alameda Municipal Code, and upon nomination of the Mayor, SANDRE SWANSON is hereby reappointed to the office of member of the Golf Commission of the City of the City of Alameda, for a term commencing October 19, 2004 and expiring on September 30, 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: 0 NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and a ffixed the official seal of said City this day of , 2004. Lara Weisiger, Acting City Clerk City of Alameda Resolution #5 -B 10 -19 -04 CITY OF ALAMEDA RESOLUTION NO. APPOINTING REBECCA L. KOHLSTRAND PARSONS AS A MEMBER OF THE CITY PLANNING 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, REBECCA L. KOHLSTRAND PARSONS is hereby appointed to the office of member of the Planning Board of the City of Alameda, to fill the unexpired term of Gary Bard, for the term commencing October 19, 2004, and expiring on June 30, 2005, and to serve until her successor is appointed and qualified. Z I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly 5.dopted 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: a cr 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 10 -19 -04 City of Alameda • California Management Practices Date: April 1, 1997 / / Subject: Use of City Meeting Rooms by / Non -City Groups / Supersedes: New Instruction / Supplements: Article 5 -29 of the Alameda Municipal / Code (Parades, Athletic Events and Public / Assemblies Permit Provisions) and / Recreation and Parks Department / Rental Policies. / /. Effective Date: April 1, 1997 / No. 35 PURPOSE The purpose of this Administrative Instruction is to establish policy and procedures concerning the use of certain City meeting rooms. This Administrative Instruction does not affect the policy or procedure for use of City facilities that are managed by the Recreation and Parks Department. This Administrative Instruction also does not affect the policy or procedure for permission to use City streets for parades or other gatherings. Last, this Administrative Instruction does not affect use of City meeting rooms or facilities by a governmental entity. POLICY City meeting rooms covered by this Administrative Instruction are held by the City for City use. Whether owned or leased, permanent or temporary, City meeting rooms are acquired with the use of tax -payer funds for the principal purpose of satisfying specific City meeting needs. Any use for non -City purposes permitted under this Administrative Instruction is ancillary to the principal reason the City owns or uses the property. DEFINITIONS City Use: Use by a City Department or City employee for a City- related purpose. Included in the term City Use is use by City contractors, such as the City's auditors, various maintenance firms or trainers, for City purposes. Also included as a City Use is use by individuals who are enrolled with the Personnel Department as City volunteers. Office of the City Manager Regular CC Meeting East Wing, Historic Alameda High School Re: Item 7 -B 2250 Central Avenue, Room 300 • 94501 October 19, 2004 510 748.4505 • Fax 510 748.4504 • TDD 510 522.7538 ADMINISTRATIVE INSTRUCTION NO. 35 April 1, 1997 PAGE 2 Public Safety Facilities: Property that is used and occupied by the Police Department and Fire Department. The Animal Shelter is included in this definition of Public Safety Facilities. Public Works/Bureau Properties: Property owned or used by the City for delivery of any utility, transit, maintenance, or other public works function or service. Public Works/Bureau Properties includes transformer and pump station sites, corporation yard, lift vehicle storage yard, and maintenance service center. The term does not include public streets, surplus parcels of land, or parking lots. High- Security and Office Areas: These are areas that house sensitive or confidential equipment or material located in City office buildings. High - security Areas include the Computer Center supervised by the Finance Department, all mail rooms and all departmental file areas or file rooms. Office Areas are areas which contain offices, work stations, or desk areas. PROCEDURES A. Qualifications to Use City Meeting Rooms. Groups that are based in the City of Alameda or that serve Alameda residents and Alameda residents may apply to use City meeting rooms. B. Procedure for Use of City Meeting Rooms for Public Use. 1. Application Form. Any qualifying group or person wishing to use a City Meeting Room or other meeting rooms that are available for public use should be given an Application Form to complete. The forms are available in the City Clerk's offices. An Application Form is attached for reference. The City Manager will amend and update the Application Form as necessary to reflect the . Purpose of this Administrative Instruction. 2. Submission of Application Form. The completed Application Form should be submitted to the City Clerk's office a minimum of two weeks before the date upon which the meeting room or other property is requested. Only one location for a single date may be requested in any one Application Form. No request may be made more than 60 days before the requested date. The Risk Manager shall determine whether insurance, security, or other special conditions should be required for a particular use of City facilities. If required, the Application Form must be accompanied by proof of insurance satisfactory to the Risk Manager, or that any other special condition will be met. The City may require that groups or individuals using City facilities clearly state in press releases and other publications that the event or gathering being held is not City- sponsored and that the presence of the group or individual in City facilities does not constitute City endorsement. 3. Approval of Request. The Department Head having administrative control of the meeting ADMINISTRATIVE INSTRUCTION NO. 35 April 1, 1997 PAGE 3 room shall review the Application Form and approve or disapprove the request. Requests for the same meeting rooms at the same time, will be considered on a first- come /first - served basis. 4. Rules for Use of Property. The following activities and products are not permitted on City property covered by this Administrative Instruction: (a) Alcohol, tobacco products, and controlled substances. (b) Food and beverages (including coffee, doughnuts, bottled or canned beverages), unless it has been approved by a Department Head. (c) Commercial activity of any kind. (d) Use of City property as a mailing address for the U.S. Postal Service or any private commercial or noncommercial mail or delivery service; use of any City property for filing or other storage of any kind; and use of bulletin boards or other City property for posting or displaying messages or advertising. (e) Use of City equipment such as telephones, sound equipment computers, radios, copy machines, and any other similar electronic, electric, or other office equipment. (f) Use which may exceed the occupancy limit or other physical constraints of the meeting room or otherwise risk any injury or harm to any person. (g) Any use which excludes members of the general public: (h) Any use which charges an admission fee. 5. Hold Harmless and Insurance. (a) Hold Harmless. Any group or individual wishing to use a City meeting room must complete and sign a Hold Harmless Agreement. A Hold Harmless provision is included on the Application Form, but the City Attorney may require a different form or revisions and additions to the form in the case of any particular requested use of City property if the City Attorney determines it is necessary or advisable to do so to protect the City and its taxpayers from a loss or expense of any kind. (b) Insurance. Upon referral of the Department Head the Risk Manager shall determine whether insurance is required and if so the amount and form of insurance that will protect the City and its taxpayers from any financial loss or other expense. ADMINISTRATIVE INSTRUCTION NO. 35 April 1, 1997 PAGE 4 6. Revocation of Approval to Use City Meeting rooms. All approved requests for the use of City meeting rooms are revocable by the Department Head. The reasons for revocation include, but are not limited to, need for the meeting rooms for City business or to hold a City activity, avoidance of interference with City services, or the occurrence of an emergency. It is not the intention of the City to casually or arbitrarily revoke authorization to use City property after it is granted, but all City employees should be clear that City use of City property covered by this Administrative Instruction has the higher priority. RL:cb:035 Attachments J. es M. lint City Manager xc: City Attorney Alameda Housing Authority ARRA Community Development Department Fire Department Personnel Department Police Department (2) Recreation Department City Clerk Alameda Free Library Bureau of Electricity Finance Department Golf Course Planning Department Public Works Department (2) ADMINISTRATIVE INSTRUCTION NO. 35 April 1, 1997 PAGE 5 MEETING ROOMS AVAILABLE FOR PUBLIC USE Council Chambers Conference Room 391 Room 391 Conference Room 360 Room 360 Conference Room 160 Room 160 (Revised 1/1/98) ai.35 (c) ADMINISTRATIVE INSTRUCTION NO. 35 April 1, 1997 PAGE 6 City of Alameda Meeting Room Reservation Request (Please Print) Name: Address: Telephone: (Home) (Business) Occupation: (Employer): City Hall Room #: (Council Chambers) (391) (360) (160) Meeting Date: Time Required: From: am/pm To: am/pm Purpose of Meeting: Anticipated Number of Attendees: (Revised 1/1/98) ai.35 (c) ADMINISTRATIVE INSTRUCTION NO. 35 April 1, 1997 PAGE 7 INDEMNITY AND HOLD HARMLESS AGREEMENT whose address is (hereinafter "Indemnitor ") in consideration of agrees to the following terms and conditions: Indemnitor shall indemnify and hold harmless City, its City Council, Boards and Commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to the services or work conducted or performed pursuant to this Agreement. Indemnitor shall indemnify and hold harmless City, its City Council, Boards and Commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, accruing or resulting to any and all persons, firms or corporations furnishing or supplying work, services, materials, equipment or supplies arising from or in any manner connected to the services or work conducted or performed pursuant to this Agreement. By this signature below, Indemnitor agrees that it has read this Indemnity and Hold Harmless Agreement and accepts and agrees to each and every term and condition herein. DATED: INDEMNITOR: 13y: CITY HALL - 2263 SANTA CLARA AVENUE DESCRIPTION CONFERENCE ROOM DESIGNATION CHAMBERS 391 360 160 Room Capacity MAX. TOTAL LOAD =160 122 Audience 1 Accessible side transfer seat 4 Wheelchair spots 9 Dais Seats 2 Work Stations 4 @ Light Table No Audience 18 @ Table 21 Audience 6 @ Table No Audience 5 @ Table Room Ambiance Very Formal Business Formal Casual Business Informal (one -on -one) Telephone / Extension Yes / x2261 Yes / x2238 Yes / x2421 Yes / x2449 Clock In Room Yes Yes Yes Yes Windows Yes Yes Yes No Sink (for Coffee or Refreshments) No Yes No No Cloth Tack Board No Yes No No White Board No Yes No No Cablecasting (contact Robin Ablett - 749 -5899 to arrange) Yes No No No Cable Equipped TV Yes No Yes No TV and VCR (VHS) Yes No Yes No Slide Projector (Kodak Carousel) Yes No No No IBM Computer Available? Yes / (User brings CD /3.5" Disks) No No No Light Table and Projection Yes No No No Recording Equipment (to document meeting - -full size cassettes) Yes No No No Screen (Projection) Yes - Built In No No No Assistive Listening Devices Yes No No No Microphones (2 Handheld and 1 Lapel) Yes . No No No Additional equipment (e.g., additional chairs, overhead projector, portable easel, TVNCR) can be brought into conference rooms as necessary. Arrangements need to be made in advance of the room reservation and equipment should be returned by user after the meeting. Please contact Priscilla Busch to make arrangements. NOTE: To ensure that your meeting runs smoothly, it is recommended that presenters as well as meeting the needed date and time to familiarize themselves with the equipment coordinators review each facility before features of each conference /meeting room. May 7, 1999 H:\BUSCH\CITYHALL \CONFROOM.TBL CURRENT APPLICATIONS HOUSING AND BUILDING CODE HEARING AND APPEALS BOARD TWO (2) VACANCIES Terms expiring June 30, 2006 Edward R. Depenbrock Raymond E. O'Loan Tom Pavletic David Solis Council Communication #7 -C 10 -19 -04 CURRENT APPLICATIONS HOUSING COMMISSION ONE (1) VACANCY 1 Tenant seat (Two year term) Council Communication #7 -D 10 -19 -04