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2004-11-03 Packet
CITY OF ALAMEDA•CALIFORNIA SPECIAL MEETING OF THE CITY COUNCIL WEDNESDAY - - - NOVEMBER 3, 2004 - - - 5:00 P.M. Time: Wednesday, November 3, 2004, 5:00 p.m. Place: City Council Chambers Conference Room, City Hall, corner of Santa Clara Avenue and Oak Street. Agenda: 1. Roll Call. 2. Public Comment on Agenda Items Only. Anyone wishing to address the Council on agenda items only, may speak for a maximum of 3 minutes.per item. 3. Adjournment to Closed Session to consider: 3 -A. PUBLIC EMPLOYMENT - (54957) Title: City Manager. 3 -B. CONFERENCE WITH LABOR NEGOTIATORS Agency Negotiators: Human Resources Director and Craig Jory. Employee Organizations: Alameda City Employee Association, Management and Confidential Employees Association, International Brotherhood of Electrical Workers, and Police Association Non - Sworn. 3 -C. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of Litigation Pursuant to Subdivision (c) of Section 54956.9 Number of cases: One. 4. Announcement of Action Taken in Closed Session, if any. Adjournment Beverly �Tohn bn, I Mayor CITY OF ALAMEDA•CALIFORNIA SPECIAL MEETING OF THE COMMUNITY IMPROVEMENT COMMISSION WEDNESDAY - - - NOVEMBER 3, 2004 - - - 7:00 P.M. Time: Wednesday, November 3, 2004, 7:00 p.m. Place: City Council Chambers Conference Room, City Hall, corner of Santa Clara Avenue and Oak Street. Agenda: 1. Roll Call. 2. Public Comment on Agenda Items Only. Anyone wishing to address the 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: Negotiating parties: Under negotiation: Former Fleet Industrial Supply Center (FISC). Catellus Development Corporation and Community Improvement Commission. Price and terms. 4. Announcement of Action Taken in Closed Session, if any. Adjournment Beverly (doh i bn, f Chair Housing Authority of the City of Alameda 701 Atlantic Avenue - Alameda, California 94501 -2161 - TEL: (510) 747 -4300 - FAX: (510) 522 -7848 - TDD: (510) 522 -8467 IF YOU WISH TO ADDRESS THE BOARD: 1. Please file a speaker's slip with the Executive Director, 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 Board of Commissioners meetings. AGENDA SPECIAL MEETING OF THE BOARD OF COMMISSIONERS DATE & TIME Wednesday, November 3, 2004, 7:20 PM LOCATION City Hall, Council Chambers, Room 390, 2263 Santa Clara Ave., Alameda, CA Welcome to the Board of Commissioners of the Housing Authority of the City of Alameda meeting. Regular Board of Commissioners meetings are held on the first Tuesday of each quarter in the Council Chambers at City Hall. Public Participation Anyone wishing to address the Board on agenda items or business introduced by Commissioners may speak for a maximum of three minutes per agenda item when the subject is before the Board. Please file a speaker's slip with the Housing Authority Executive Director if you wish to address the Board of Commissioners. PLEDGE OF ALLEGIANCE 1. ROLL CALL - Board of Commissioners 2. CONSENT CALENDAR • Consent Calendar items are considered routine and will be approved or accepted by one motion unless a request for removal for discussion or explanation is received from the Board of Commissioners or a member of the public. 2 -A. Minutes of the Special Joint City Council, Board of Commissioner, and Community Improvement Commission meeting held May 20, 2004. Acceptance is recommended. "Dedicated to Excellence, Committed to Service." Board of Commissioners Meeting November 3, 2004 Page 2 2 -B. Minutes of the Special Joint Community Improvement Commission and Board of Commissioner meeting held June 15, 2004. Acceptance is recommended. 2 -C. Minutes of the Special Joint Meeting of the City Council and Board of Commissioners held July 1, 2004. Acceptance is recommended. 2 -D. Minutes of the Board of Commissioner Special meeting held July 6, 2004. Acceptance is recommended. Acceptance is recommended. 2 -E. Minutes of the Special Meeting of the Board of Commissioners held July 20, 2004. Acceptance is recommended. 3. AGENDA 3 -A. Proclaiming Section 8 Rental Property Owner of the Year. The Housing Commission recommends to the Board of Commissioners to recommend that the Mayor proclaim: 1. Yee Mee Poon Lee is named the Housing Authority's Rental Property Owner of the Year for the 3 or Tess rental units category. 2. Sue and Chuck Sweezy are named the Housing Authority's Rental Property Owner of the Year for the 4 or more rental units categories. 3 -B. Approve Selection of Bond Underwriter for the Sale of Bonds for Refinancing Parrot Village, Eagle Village and China Clipper. The Chief Executive Officer recommends the Board of Commissioners approve the selection of Stone & Youngberg LCC to provide the Housing Authority with bond underwriting services. 4. ORAL COMMUNICATIONS, Non - Agenda (Public Comment) 5. COMMISSIONER COMMUNICATIONS, (Communications from the Commissioners) 6. ADJOURNMENT * ** Note: * Sign language interpreters will be available on request. Please contact Carol Weaver, Secretary, at 747 -4325 voice or 522 -8467 TDD at least 72 hours before the meeting to request an interpreter. * Accessible seating for persons with disabilities (including those using wheelchairs) is available. * Minutes of the meeting are available in large print. * Audiotapes of the meeting are available on request. * Please contact Carol Weaver at 747 -4325 voice of 522 -8467 TDD at least 72 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. Dedicated to Excellence, Committed to Service. 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 WEDNESDAY - - - NOVEMBER 3, 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. ROLL CALL 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 Commission or a member of the public. 1 -A. Minutes of the Special Community Improvement Commission Meetings of October 19, 2004. 1 -B. Recommendation to approve Assignment of Catellus' Rights and Obligations for its Residential Project Pursuant to the Disposition and Development Agreement. ADJOURNMENT Beverly Jo air AGENDA Special Meeting of the Governing Body of the Alameda Reuse and Redevelopment Authority * * * * * * ** Alameda City Hall Council Chamber, Room 390 2263 Santa Clara Avenue Alameda, CA 94501 Wednesday, November 3, 2004 Meeting will begin at 7:27 p.m. City Hall will open at 7:12 p.m. 1. ROLL CALL 2. PUBLIC COMMENT ON NON - AGENDA ITEMS Anyone wishing to address the Board on non - agenda items may speak for a maximum of 3 minutes per item. 3. COMMUNICATIONS FROM THE GOVERNING BODY Discussion Regarding Continuation of APAC or other Advisory Group to the ARRA. (Boardmember Kerr) 4. ADJOURNMENT Notes: ■ Sign language interpreters will be available on request. Please contact the ARRA Secretary, Irma Frankel at 749 -5800 at least 72 hours before the meeting to request an interpreter. • Accessible seating for persons with disabilities (including those using wheelchairs) is available. • Minutes of the meeting are available in enlarged print. • Audio tapes of the meeting are available for review at the ARRA offices upon request. AGENDA WEDNESDAY 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. ADJOURNED REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2004 - - - - 7:30 P.M. [Note: Adjourned Regular Meeting convenes at 7:30 p.m., City Hall, Council Chambers, corner of Santa Clara Ave and Oak St.] The Order of Business for City Council Meeting is as follows: 1. Roll Call 2. Agenda Changes 3. Proclamations, Special Orders of the Day and Announcements 4. Consent Calendar 5. Agenda Items 6. Oral Communications, Non - Agenda (Public Comment) 7. Council Communications (Communications from Council) 8. Adjournment Public Participation Anyone wishing to address the Council on agenda items or business introduced by Councilmembers may speak for a maximum of 3 minutes per agenda item when the subject is before Council. Please file a speaker's slip with the Deputy City Clerk if you wish to address the City Council. SPECIAL MEETING OF THE CITY COUNCIL 5:00 P.M. CITY COUNCIL CHAMBERS CONFERENCE ROOM Separate Agenda (Closed Session) SPECIAL MEETING OF THE COMMUNITY IMPROVEMENT 7:00 P.M. COMMISSION, CITY COUNCIL CHAMBERS CONFERENCE ROOM Separate Agenda (Closed Session) SPECIAL MEETING OF THE HOUSING AUTHORITY BOARD 7:20 P.M. OF COMMISSIONERS, CITY COUNCIL CHAMBERS Separate Agenda SPECIAL MEETING OF THE COMMUNITY IMPROVEMENT 7:25 P.M. COMMISSION, CITY COUNCIL CHAMBERS Separate Agenda SPECIAL MEETING OF THE ALAMEDA REUSE AND 7:27 P.M. REDEVELOPMENT AUTHORITY, 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 declaring Yee Mee Poon Lee as Alameda's Housing Choice Voucher Program Rental Property Owner of the Year in the three or less rental unit category. 3 -B. Proclamation declaring Sue and Chuck Sweezy as Alameda's Housing Choice Voucher Program Rental Property Owner of the Year in the four or more rental unit category. 4. CONSENT CALENDAR Consent Calendar items are considered routine and will be enacted, approved or adopted by one motion unless a request for removal for discussion or explanation is received from the Council or a member of the public. 4 -A. Minutes of the Special and Regular City Council Meetings held on October 19, 2004. 4 -B. Recommendation to accept and authorize recording a Notice of Completion for the Bayport Residential Phase 1 Public Backbone Improvements (Tract 7511). 4 -C. Recommendation to authorize the City Manager to execute an amendment to Lease Agreement with Grand Edibles, Inc. to preserve the Park and Ride facility. 4 -D. Recommendation to authorize the City Manager to sign an amended Core Natural Gas Sales and Aggregation Agreement. 4 -E. Recommendation to accept the work of Vortex Marine Construction, Inc. for Alameda Harbor Bay Terminal Repair, No. P.W. 08- 04 -12. 4 -F. Recommendation to award Contract with Dynix, Inc. in the amount of $217,783 for new Integrated Library System. 4 -G. Adoption of Resolution Requesting an Extension of Fund Allocation for Ballena Bay Bridge Seismic Retrofit Project, No. P.W. 05- 00 -09. 4 -H. Adoption of Resolution Setting Free All -Day Parking with a Three -Hour Maximum Per Car, Per Space for the Park Street Business District and the West Alameda Business District on November 27, December 4 and 11, 2004. 4 -I. Adoption of Resolution Amending the Management and Confidential Employees Association (MCEA) Salary Schedule by Establishing a Salary Range for the Position of Video Production Artist. 4 -J. Adoption of Resolution Authorizing the City Manager to Submit a Grant Application to the State Board of Corrections, to Execute the Grant Agreement and to Provide Matching Funds and to Use Such Funds for the Donald P. McCullum Youth Court Inc. Juvenile Offender Program for the Period of July 1, 2004 through June 30, 2005. 4 -K. Bills for ratification. 5. REGULAR AGENDA ITEMS 5 -A. Adoption of Resolution Appointing Edward R. Depenbrock to the Housing and Building Code Hearing and Appeals Board. 5 -B. Adoption of Resolution Appointing Franklin T. Rash to the Housing Commission (Tenant Seat). 5 -C. Recommendation to approve language of the plaque to be placed in the former Officers' Club, honoring former Acting Mayor Al DeWitt. 5 -D. 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. [To be continued to November 16, 2004] 5 -E. Public Hearing to consider Revisions to Alameda Municipal Code Chapter XXX, Sections 30-4.2(d) (9), 30-4.3(d) (10), 30- 4.4(d)(10), 30- 4.5(d)(10), 30- 4.6(d)(1.0), and 30 -5.12, more commonly referred to as the Zoning Ordinance, regulating Open Space; Schedule of Required Residential Open Space and Usable Open Space Requirements; Report on the Development Code Open Space Committee's recommendations; and • Introduction of Ordinance Amending the Alameda Municipal Code by Repealing Subsection 30- 4.2(d)(9) (R -2, Two Family Residence District, Minimum Height, Bulk and Space Requirements), Subsection 30- 4.3(d)(10) (R -3, Garden Residential District, Minimum Height, Bulk and Space Requirements), Subsection 30- 4.4(d)(10) (Neighborhood Residential District, Minimum Height, Bulk and Space Requirements), 30- 4.5(d)(10) (General Residential District, Minimum Height, Bulk and Space Requirements), Subsection 30- 4.6(d)(10) (Hotel Residential District, Minimum Height, Bulk and Space Requirements), and Section 30 -5.12 (Open Space; Schedule of Required Residential Open Space) of Chapter XXX (Development Regulations) in Their Entirety, and Adding a New Subsection 30- 4.2(d)(9) (R -2, Two - Family Residence District, Minimum Height, Bulk and Space Requirements), Subsection 30- 4.3(d)(10) (R -3, Garden Residential District, Minimum Height, Bulk and Space Requirements), Subsection 30- 4.4(d)(10) (Neighborhood Residential District, Minimum Height, Bulk and Space Requirements), 30- 4.5(d)(10) (General Residential District, Minimum Height, Bulk and Space Requirements), Subsection 30- 4.6(d)(10) (Hotel Residential District, Minimum Height, Bulk and Space Requirements), and Section 30 -5.12 (Definition of Required Residential Open Space). 5 -F. Recommendation to review and select Value Engineering alternatives for the Alameda Main Library Project and identify potential funding sources. 6. ORAL COMMUNICATIONS, NON- AGENDA (Public Comment) Any person may address the Council in regard to any matter over which the Council has jurisdiction or of which it may take cognizance, that is not on the agenda. 7. COUNCIL COMMUNICATIONS (Communications from Council) 7 -A. Consideration of Mayor's nominations for appointment to the Commission on Disability Issues. 8. ADJOURNMENT • For use in preparing the Official Record, speakers reading a written statement are invited to submit a copy to the City Clerk at the meeting or e -mail to: lweisige @ci.alameda.ca.us • Sign language interpreters will be available on request. Please contact the City Clerk at 747 -4800 or TDD number 522 -7538 at least 72 hours prior to the Meeting to request an interpreter. • Equipment for the hearing impaired is available for public use. For assistance, please contact the City Clerk at 747 -4800 or TDD number 522 -7538 either prior to, or at, the Council Meeting. • Accessible seating for persons with disabilities, including those using wheelchairs, is available. • Minutes of the meeting available in enlarged print. • Audio Tapes of the meeting are available upon request. • Please contact the City Clerk at 747 -4800 or TDD number 522 -7538 at least 48 hours prior to the meeting to request agenda materials in an alternative format, or any other reasonable accommodation that may be necessary to participate in and enjoy the benefits of the meeting. CITY OF ALAMEDA Memorandum Date: October 25, 2004 To: Honorable Mayor and Councilmembers From: James M. Flint City Manager Re: Regular and Special City Council Meetings, Special Housing Authority Board of Commissioners Meeting, and Special Community Improvement Commission Meetings of November 3, 2004 Transmitted are the agendas and related materials for the Regular and Special City Council Meetings, the Special Housing Authority Board of Commissioners Meeting, and the Special Community Improvement Commission Meetings of November 3, 2004. SPECIAL MEETING OF THE HOUSING AUTHORITY BOARD OF COMMISSIONERS CONSENT CALENDAR 2 -A. Minutes of the Special Joint City Council, Board of Commissioner, and Community Improvement Commission meeting held May 20, 2004. The Board Secretary has presented for approval the Minutes of the Special Joint City Council, Board of Commissioner and CIC meeting held on May 20 2004. 2 -B. Minutes of the Special Joint Community Improvement Commission and Board of Commissioner meeting held June 15, 2004. The Board Secretary has presented for approval the Minutes of the Special Joint Community Improvement Commission and Board of Commissioner meeting held June 15, 2004. 2 -C. Minutes of the Special Joint Meeting of the City Council and Board of Commissioners held July 1, 2004. The Board Secretary has presented for approval the Minutes of the Special Joint Meeting of the City Council and Board of Commissioners held July 1, 2004. Dedicated to Excellence, Committed to Service Honorable Mayor and Page 2 Councilmembers October 25, 2004 2 -D. Minutes of the Board of Commissioner Special Meeting held July 6, 2004. The Board Secretary has presented for approval the Minutes of the Board of Commissioner Special Meeting held July 6, 2004. 2 -E. Minutes of the Special Meeting of the Board of Commissioners held July 20, 2004. The Board Secretary has presented for approval the Minutes of the Special Meeting of the Board of Commissioners held on July 20, 2004. AGENDA 3 -A. Proclaiming Section 8 Rental Property Owner of the Year. The Housing Commission recommends to the Board of Commissioners to recommend that the Mayor proclaim: 1. Yee Mee Poon Lee as the Housing authority's Rental Property Owner of the Year for the 3 or Tess rental units category. 2. Sue and Chuck Sweezy as the Housing authority's Rental Property Owner of the Year for the 4 or more rental units category. 3 -B. Approve Selection of Bond Underwriter for the Sale of Bonds for Refinancing Parrot Village, Eagle Village and China Clipper. The Chief Executive Officer recommends the Board of Commissioners approve the selection of Stone & Youngberg LCC to provide the Housing Authority with bond underwriting services. SPECIAL MEETING OF THE COMMUNITY IMPROVEMENT COMMISSION CONSENT CALENDAR 1 -A. Minutes of the Special Community Improvement Commission Meetings of October 19, 2004. It is recommended that the CIC accept the minutes of the meetings of October 19, 2004. 1 -B. Recommendation to approve Assignment of Catellus' Rights and Obligations for its Residential Project Pursuant to the Disposition and Development Agreement. Dedicated to Excellence, Committed to Service Honorable Mayor and Page 3 Councilmembers October 25, 2004 It is recommended that the CIC approve the assignment of the rights and obligations in the Catellus Disposition and Development Agreement (DDA) and authorize the Executive Director to sign the required documents to implement such approval. This action does not fiscally impact the CIC or the City. CITY COUNCIL AGENDA PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS 3 -A. Proclamation declaring Yee Mee Poon Lee as Alameda's Housing Choice Voucher Program Rental Property Owner of the Year in the three or less rental unit category. At this time the Mayor will present a proclamation to Yee Mee Poon Lee as Alameda's Housing Choice Voucher Program Rental Property Owner of the Year in the three or less rental unit category. 3 -B. Proclamation declaring Sue and Chuck Sweezy as Alameda's Housing Choice Voucher Program Rental Property Owner of the Year in the four or more rental unit category. At this time the Mayor will present a proclamation to Sue and Chuck Sweezy as Alameda's Housing Choice Voucher Program Rental Property Owner of the Year in the four or more rental unit category. CONSENT CALENDAR 4 -A. Minutes of the Special and Regular City Council Meetings held on October 19, 2004. The City Clerk has presented for approval the Minutes of the Special and Regular City Council Meetings held on October 19, 2004. 4 -B. Recommendation to accept and authorize recording a Notice of Completion for the Bayport Residential Phase 1 Public Backbone Improvements (Tract 7511). It is recommended that Council formally accept the Residential Phase 1 Backbone Infrastructure Improvements, and direct the City Clerk to file a Notice of Completion for the improvements. The final contract amount was approximately $150,000 below the initial project budget. 4 -C. Recommendation to authorize the City Manager to execute an amendment to Lease Agreement with Grand Edibles, Inc. to preserve the Park and Ride facility. Dedicated to Excellence, Committed to Service Honorable Mayor and Page 4 Councilmembers October 25, 2004 It is recommended that Council authorize the City Manager to execute an Amendment to the Lease Agreement with Grand Edibles, Inc. to preserve the park and ride facility and authorize the expenditure from Measure B funds. In order to help fund the improvement of upgrading the HVAC system at the Grandview Pavilion, Grand Edibles, Inc., has offered to keep the Park and Ride facility for 17 years for a total cost of $45,000. 4 -D. Recommendation to authorize the City Manager to sign an amended Core Natural Gas Sales and Aggregation Agreement. It is recommended that Council authorize the City Manager to sign an amended Core Natural Gas Sales and Aggregation Agreement. The new terms allow ABAG more flexibility to meet goals of cost savings and price stability. 4 -E. Recommendation to accept the work of Vortex Marine Construction, Inc. for Alameda Harbor Bay Terminal Repair, No. P.W. 08- 04 -12. It is recommended that Council accept the work of Vortex Marine Construction, Inc., for Alameda Harbor Bay Terminal repairs. 4 -F. Recommendation to award Contract with Dynix, Inc. in the amount of $217,783 for new Integrated Library System. It is recommended that Council approve a contract in the amount of $217,783 with Dynix, Inc. for the Dynix Horizon integrated library system. Staff expects implementation to begin in mid - November 2004 and that the system will be fully operational by April 2005. 4 -G. Adoption of Resolution Requesting an Extension of Fund Allocation for Ballena Bay Bridge Seismic Retrofit Project, No. P.W. 05- 00 -09. It is recommended that Council adopt a resolution requesting an extension of fund allocation for Ballena Bay Bridge Seismic Retrofit Project. Caltrans has recommended that the City request an extension of funds for this project and has required a City Council resolution approving this request for a funding extension for seismic repairs on the Ballena Bay Bridge. 4 -H. Adoption of Resolution Setting Free All -Day Parking with a Three -Hour Maximum Per Car, Per Space for the Park Street Business District and the West Alameda Business District on November 27, December 4 and 11, 2004. It is recommended that Council adopt a resolution setting free all -day parking, with a Dedicated to Excellence, Committed to Service Honorable Mayor and Page 5 Councilmembers October 25, 2004 three -hour maximum per car per space, for the Park Street Business District and the West Alameda Business District on November 27, December 4 and 11, 2004. This would be in addition to the free parking for both business districts previously established by Council resolution in 2002 for free parking the Saturday before December 25. 4 -1. Adoption of Resolution Amending the Management and Confidential Employees Association (MCEA) Salary Schedule by Establishing a Salary Range for the Position of Video Production Artist. It is recommended that Council adopt a resolution amending the MCEA salary schedule by establishing a salary range for the position of Video Production Artist. AP &T's Marketing and Customer Services Division requires this new classification to adequately meet the requirements of the department's business plan and telecommunications franchise agreement. Funding has been authorized by the PUB for this position and there is no addition to total number of employees. 4 -J. Adoption of Resolution Authorizing the City Manager to Submit a Grant Application to the State Board of Corrections, to Execute the Grant Agreement and to Provide Matching Funds and to Use Such Funds for the Donald P. McCullum Youth Court Inc. Juvenile Offender Program for the Period of July 1, 2004 through June 30, 2005. It is recommended that Council adopt a resolution authorizing the City Manager to submit a grant application to the State Board of Corrections for the Donald P. McCullum Youth Court Inc. Juvenile Offender Program. To date, 95% of the youth that have successfully completed their sentence imposed by the Youth Court have not re- offended. 4 -K. Bills for ratification. REGULAR AGENDA ITEMS 5 -A. Adoption of Resolution Appointing Edward R. Depenbrock to the Housing and Building Code Hearing and Appeals Board. Adoption of this resolution appoints Edward Depenbrock as a member of the Housing and Building Code Hearing and Appeals Board. 5 -B. Adoption of Resolution Appointing Franklin T. Rash to the Housing Commission (Tenant Seat). Adoption of this resolution appoints Franklin Rash as a member of the Housing Commission (tenant seat). Dedicated to Excellence, Committed to Service Honorable Mayor and Page 6 Councilmembers October 25, 2004 5 -C. Recommendation to approve language of the plaque to be placed in the former Officers' Club, honoring former Acting Mayor Al DeWitt. It is recommended that Council review and approve the wording of the plaque to be placed in the former Alameda Point Officers' Club renaming the facility in honor of former Acting Mayor Albert H. "Al" DeWitt. 5 -D. 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. [To be continued to November 16, 2004] It is recommended that Council continue the public hearing to the November 16, 2004 City Council meeting. 5 -E. Public Hearing to consider Revisions to Alameda Municipal Code Chapter XXX, Sections 30- 4.2(d)(9), 30- 4.3(d)(10), 30- 4.4(d)(10), 30- 4.5(d)(10), 30- 4.6(d)(10), and 30 -5.12, more commonly referred to as the Zoning Ordinance, regulating Open Space; Schedule of Required Residential Open Space and Usable Open Space Requirements; Report on the Development Code Open Space Committee's recommendations; and Dedicated to Excellence, Committed to Service Honorable Mayor and Page 7 Councilmembers October 25, 2004 • Introduction of Ordinance Amending the Alameda Municipal Code by Repealing Subsection 30- 4.2(d)(9) (R -2, Two Family Residence District, Minimum Height, Bulk and Space Requirements), Subsection 30- 4.3(d)(10) (R -3, Garden Residential District, Minimum Height, Bulk and Space Requirements), Subsection 30- 4.4(d)(10) (Neighborhood Residential District, Minimum Height, Bulk and Space Requirements), 30- 4.5(d)(10) (General Residential District, Minimum Height, Bulk and Space Requirements), Subsection 30- 4.6(d)(10) (Hotel Residential District, Minimum Height, Bulk and Space Requirements), and Section 30 -5.12 (Open Space; Schedule of Required Residential Open Space) of Chapter XXX (Development Regulations) in Their Entirety, and Adding a New Subsection 30- 4.2(d)(9) (R -2, Two - Family Residence District, Minimum Height, Bulk and Space Requirements), Subsection 30- 4.3(d)(10) (R -3, Garden Residential District, Minimum Height, Bulk and Space Requirements), Subsection 30- 4.4(d)(10) (Neighborhood Residential District, Minimum Height, Bulk and Space Requirements), 30- 4.5(d)(10) (General Residential District, Minimum Height, Bulk and Space Requirements), Subsection 30- 4.6(d)(10) (Hotel Residential District, Minimum Height, Bulk and Space Requirements), and Section 30 -5.12 (Definition of Required Residential Open Space). It is recommended that Council review the recommendation of the Open Space Committee and then either conduct the first reading of the draft Open Space Ordinance included in this packet or provide direction regarding incorporating the Planning Board's previous recommendations into the next phase of code amendments that will be brought forward for City Council review at a later date. 5 -F. Recommendation to review and select Value Engineering alternatives for the Alameda Main Library Project and identify potential funding sources. It is recommended that Council review and support the value engineering recommendations of the Library Board and the Library Building Team. If Council wishes to implement these recommendations and ensure an adequate contingency, it is recommended that $2 million in supplemental funding be added to this project. COUNCIL COMMUNICATIONS 7 -A. Consideration of Mayor's nominations for appointment to the Commission on Disability Issues. At this time the Mayor will make nominations to fill the current vacancies on the Commission on Disability Issues. Dedicated to Excellence, Committed to Service Housing Authority of the City of Alameda 701 Atlantic Avenue - Alameda, Califomia 94501 -2161 - TEL: (510) 747 -4300 - FAX: (510) 522 -7848 - TDD: (510) 522 -8467 MINUTES SPECIAL JOINT CITY COUNCIL, BOARD OF COMMISSIONERS OF THE HOUSING AUTHORITY, AND COMMUNITY IMPROVEMENT COMMISSION MEETING OF THE CITY OF ALAMEDA HELD THURSDAY, MAY 20, 2004 The Board of Commissioners was called to order at 9:21 p.m. PLEDGE OF ALLEGIANCE 1. ROLL CALL Present: Commissioners Daysog, Gilmore, Kerr, Matarrese, Torrey and Chair Johnson. Absent: None. 2. CONSENT CALENDAR None. 3. AGENDA 3 -A. Discussion of HUD Section 8 Program funding shortfall and various remedies to address the shortfall. The Housing Authority Executive Director provided information on the shortfall. Mayor /Chair Johnson suggested a letter be sent from the City Council to the Secretary of HUD. Vice Mayor /Commissioner Daysog suggested a letter be sent to put tenants at ease. Council Action Councilmember Matarrese moved approval of Council sending a letter to the Secretary of HUD. Vice Mayor Daysog seconded the motion. Under discussion, Councilmember Kerr requested that the Council be provided information about when the reserves would be replenished. "Dedicated to Excellence, Committed to Service." Minutes of May 20, 2004 Special Joint City Council, Board of Commissioners And Community Improvement Commission Meeting Page 2 Mayor Johnson requested the letter be both faxed and mailed. On the call for the question, the motion carried by unanimous voice vote — 5. The Housing Authority Executive Director gave an overview of the special meetings to provide information to tenants and landlords. Mayor Johnson requested that the letter address: 1) the replenishment of reserves; 2) the retroactive adjustment of Section 8 funding; and 3) the 2004 -05 budget amounts, which are unknown. 4. ORAL COMMUNICATIONS. None. 5. COMMISSIONER COMMUNICATIONS. None. 6. ADJOURNMENT There being no further business, Mayor /Chair Johnson adjourned the Special Joint Meeting at 9:29 p.m. Attest: Beverly Johnson, Chair Michael T. Pucci Executive Director / Secretary Dedicated to Excellence, Committed to Service. Housing Authority of the City of Alameda 701 Atlantic Avenue - Alameda, California 94501 -2161 - TEL: (510) 747 -4300 - FAX: (510) 522 -7848 - TDD: (510) 522 -8467 MINUTES SPECIAL JOINT MEETING OF THE COMMUNITY IMPROVEMENT COMMISSION AND BOARD OF COMMISSIONERS OF THE HOUSING AUTHORITY OF THE CITY OF ALAMEDA HELD TUESDAY, JUNE 15, 2004 The Board of Commissioners was called to order at 8:07 p.m. PLEDGE OF ALLEGIANCE 1. ROLL CALL Present: Commissioners Daysog, Gilmore, Kerr, Matarrese, Torrey and Chair Johnson. Absent: None. AGENDA ITEM HOUSING AUTHORITY BOARD OF COMMISSIONERS ACTION Adoption of Resolution Authorizing the Chief Executive Officer to Execute an Owner Participation Agreement between the City of Alameda Housing Authority, Community Improvement Commission of the City of Alameda and Resources for Community Development for the Development of the 10 Unit Project on Certain Real Property within the East Housing Portion of the Naval Air Station and the Fleet Industrial Site Center (FISC). Adopted. Commissioner Daysog moved adoption of resolution. Commissioner Matarresse seconded the motion, which carried by unanimous voice vote. COMMUNITY IMPROVEMENT COMMISSION ACTION Adoption of Resolution Authorizing the Executive Director to Execute an Owner Participation Agreement between the City of Alameda Housing Authority, Community Improvement Commission of the City of Alameda and Resources for Community Development for the Development of the 10 Unit Project on Certain Real Property within the East Housing Portion of the Naval Air Station and FISC and Approving the Use of Catellus In -lieu Funds to be Used Solely for Development of the 10 Unit Project. Adopted. Commissioner Daysog moved adoption of resolution. Commissioner Matarresse seconded the motion, which carried by unanimous voice vote. Adjournment There being no further business, Chair Johnson adjourned the Special Joint Meeting at 8:08 p.m. Beverly Johnson, Chair, Community Improvement Commission and Housing Authority Board of Commissioners Attest: Michael T. Pucci Executive Director / Secretary Housing Authority of the City of Alameda 701 Atlantic Avenue - Alameda, California 94501 -2161 - TEL: (510) 747 -4300 - FAX: (510) 522 -7848 - TDD: (510) 522 -8467 MINUTES SPECIAL JOINT CITY MEETING OF THE CITY COUNCIL AND BOARD OF COMMISSIONERS OF THE HOUSING AUTHORITY OF THE CITY OF ALAMEDA HELD THURSDAY, JULY 1, 2004 The Board of Commissioners was called to order at 7:43 p.m. PLEDGE OF ALLEGIANCE 1. ROLL CALL Present: Commissioners Daysog, Gilmore, Kerr, Matarrese, Torrey and Chair Johnson. Absent: None. 2. CONSENT CALENDAR None. 3. AGENDA 3 -A. Recommendation to allocate HOME Funds for Short-term Rental Assistance Program and authorize the City Manager /Executive Director to negotiate and execute related agreements. Mayor /Chair Johnson requested the Housing Authority Executive Director to provide a brief explanation of the Section 8 Program; stated the public is being misdirected; energy could be spent more effectively; that she wants to provide an opportunity to educate the public. The Housing Authority Executive Director stated that the Section 8 Program is a Housing and Urban Development (HUD) funded federal government program initiated in 1974; Program is for cities and communities throughout the country; the Section 8 Program is approximately 50% ($30 billion) of the HUD budget; Program provides low income families with housing subsidies; families rent a unit on the open market from a private landlord; a housing authority enters into a contract with the landlord to pay the difference between the landlord's established contract rent and 30% of the tenant's income; in Alameda, the housing subsidy is approximately $1000 per month, per family; there are approximately 1,625 families on the Section 8 Program; in "Dedicated to Excellence, Committed to Service." Minutes of July 1, 2004 Special Joint Meeting of the City Council And Board of Commissioners Page 2 January 2004 HUD changed funding of the Program; prior to January, funding was on a per -unit basis, regardless of the cost; HUD and Congress are now trying to put a cap on the cost; HUD established that costs would be frozen for the average cost from May, June and July of 2003; an adjustment factor was applied; the City was notified in early May that HUD's June housing subsidy payments would be cut by more than 50 %; the Housing Authority Board of Commissioners advised spending down reserves in order to make the June 1 payment; the Housing Authority no longer has any reserves; in May, the Housing Authority was advised of available funding for July and subsequent months of the fiscal year; there was an approximate $250,000 shortfall for July; recommendation was made to terminate some families from the Section 8 Program. Mayor /Chair Johnson inquired why the Housing Authority was short 250 vouchers. The Housing Authority Executive Director responded that HUD's funding formula provided approximately $1.5 million in funding per month; over $1.7 million per month is needed; staff calculated that 250 families would need to be terminated; 238 families were actually sent. Mayor /Chair Johnson inquired whether monthly funding would provide for approximately 1400 vouchers, to which the Housing Authority Executive Director responded in the affirmative. The Housing Authority Executive Director stated that termination notices were issued on June 4; staff has been successful in reducing approximately 100 rents through a reasonable rent test; budgeting process provided extra money; approximately 50 families have been absorbed into other housing authority programs; landlords have voluntarily reduced rents; termination notices have been rescinded for 105 families; about 120 families may need to be terminated from the Program. Councilmember /Commissioner Matarrese inquired whether the original 238 families have been reduced to 120, to which the Housing Authority Director responded in the affirmative. Vice Mayor /Commissioner Daysog stated that the Housing Authority and Council need time to review other strategies, such as rent increases, to allow the 120 families to remain in Alameda. Councilmember /Commissioner Kerr stated that Section 8 subsidies come from the federal government; the federal government cut the funding; the City did not cut anything; the Housing Authority is a pass- through organization for the federal funding; encouraged people to go to federal representatives who have the power to do something about the situation; that she was disgusted that HUD reinitiated cash flow to several cities other than Alameda. Mayor /Chair Johnson stated that the City is still working on the issue; concurred with Councilmember Kerr; stated representatives are sympathetic to the cause; Dedicated to Excellence, Committed to Service. Minutes of July 1, 2004 Special Joint Meeting of the City Council And Board of Commissioners Page 3 constituents should make phone calls and send letters; Council has expressed concern to the representatives. Vice Mayor /Commissioner Daysog inquired whether the City has a calculation for rent increase, to which the Housing Authority Executive Director responded in the negative; the payment standard can be anywhere between 90% to 110% of the fair market rent; payment standard was just lowered to 90% of the fair market rent, allowing payment of a smaller subsidy to the landlord; the tenant is still required to pay only 30% of their income for rent; tenant could voluntarily pay more out of pocket; rent increase would be different for each tenant based upon income; City's hands are tied because of federal law; an act of Congress is needed to change formula. Vice Mayor /Commissioner Daysog inquired whether the $250,000 per month discrepancy results in a difference of $155 per month, per unit, to which the Housing Authority Executive Director responded the difference is approximately $132 per month, per unit; he spoke to a HUD representative who indicated calculations may not be available for a couple of weeks; the Housing Authority calculates additional funding to be approximately $90,000; through landlord rent reductions, the gap could be closed for the fiscal year. Mayor /Chair Johnson inquired whether federal representatives' telephone numbers and addresses are publicly available; to which the Housing Authority Executive Director responded that information is available at the Housing Authority office and on the web site. Mayor /Chair Johnson opened the public portion of the meeting. Speakers: Mai Lan Thi Do, Alameda; Hoa Duong, Alameda; B. Brooks, Campaign for Renters Rights; Lucinda Rosmon, Campaign for Renters Rights; Nguyet le, Alameda; Jeremy Prickett, Campaign for Renters Rights; Annie Kane, Alameda; Hong; Richard Melyn, Campaign for Renters Rights; Raquel Kuronen, Law Center for Families; Meka Acrey, Alameda; Ruben Tilos, Alameda; John Reimann. Mayor /Chair Johnson closed the public portion of the meeting. Councilmember /Commissioner Kerr moved approval of the staff recommendation. Councilmember /Commissioner Matarrese seconded the motion. Under discussion, Vice Mayor /Commissioner Daysog stated that focus needs to be on buying time; that he is not convinced that one month of HOME funds adequately exhausts all potential solutions; more than one month is needed to help families find adequate housing; $130,000 is not enough; that he will support recommendation but the City needs to address a three -month timeframe; there might be other solutions such as utility credits; there are some limited funds that might buy more time to find a good solution. Dedicated to Excellence, Committed to Service. Minutes of July 1, 2004 Special Joint Meeting of the City Council And Board of Commissioners Page 4 Councilmember /Commissioner Matarrese concurred with Vice Mayor /Commission Daysog; stated there is a tremendous impact when the Program moves from a voucher system to a block grant system; planning for that eventuality may lead to a solution; block grant systems reduce the amount of subsidies; City will continue to work until there is a solution; inquired whether approval of the recommendation bought time for the remaining 138 families, to which the Housing Authority Executive Director responded that acceptance would buy time for the remaining 120 families for the month of July. Mayor /Chair Johnson inquired whether rent reasonableness has been applied on 100 units, to which the Housing Authority Executive Director responded it has been applied to over 100 units; staff needs to continue working for the remaining units. Mayor /Chair Johnson stated it is important to go through the procedure as soon as possible. Vice Mayor /Commissioner Daysog stated that the City owes low income Section 8 tenants more time; that the Housing Authority knew about the over leasing problem months ago; the problem worsened in May when the over leasing was compounded with the budget change; could have prepared families earlier; exhausting all solutions takes time. The Housing Authority Executive Director stated that the over leasing issue was brought to the Board of Commissioners in February; the City will try to get funds back; a fee cannot be charged to tenants; tenants paying extra is a good concept; the Authority is working with the Red Cross to set up a fund for displaced Section 8 tenants; landlords and tenants could make tax deductible contributions to the fund through the Red Cross. Commissioner Torrey thanked the landlords and the tenants who relinquished rights to the Section 8 Program; concurred with Vice Mayor /Commissioner Daysog regarding the need for more time. Vice Mayor /Commissioner Daysog requested that the motion include that options be provided by the third week of July. Mayor /Chair Johnson stated options could be provided at the next meeting. The Housing Authority Executive Director stated that he would attend the July 6 and July 20 Council meetings. On the call for the question, the motion carried by unanimous voice vote — 6. 4. ORAL COMMUNICATIONS. None. Dedicated to Excellence, Committed to Service. Minutes of July 1, 2004 Special Joint Meeting of the City Council And Board of Commissioners Page 5 5. COMMISSIONER COMMUNICATIONS. None. 6. ADJOURNMENT There being no further business, Mayor /Chair Johnson adjourned the Special Joint Meeting at 9:00 p.m. Attest: Beverly Johnson, Chair Michael T. Pucci Executive Director / Secretary Dedicated to Excellence, Committed to Service. Housing Authority of the City of Alameda 701 Atlantic Avenue - Alameda, California 94501 -2161 - TEL: (510) 747 -4300 - FAX: (510) 522 -7848 - TDD: (510) 522 -8467 MINUTES SPECIAL MEETING OF THE BOARD OF COMMISSIONERS OF THE HOUSING AUTHORITY OF THE CITY OF ALAMEDA HELD TUESDAY, JULY 6, 2004 The Board of Commissioners was called to order at 7:21 p.m. PLEDGE OF ALLEGIANCE 1. ROLL CALL Present: Commissioners Daysog, Gilmore, Kerr, Matarrese, Torrey and Chair Johnson. Absent: None. 2. CONSENT CALENDAR Commissioner Matarrese moved acceptance of the Consent Calendar. Commissioner Daysog seconded. Motion carried unanimously. Items accepted or adopted are indicated by an asterisk. *2 -A. Minutes of the Board of Commissioner Regular meeting held April 6, 2004. Minutes were accepted. *2 -B. Minutes of the Special Joint Meeting of the City Council and the Board of Commissioners held May 13, 2004. Minutes were accepted. *2 -C. Minutes of the Special Joint Meeting of the Board of Commissioners and the Housing Commission held May 15, 2004. Minutes were accepted. *2 -D. Minutes of the Special Meeting of the Board of Commissioners held May 18, 2004. Minutes were accepted. *2 -E. Recommending to Board of Commissioners to Award Contract to Hung Construction and to amend the FY05 Budget accordingly. The Board of Commissioners: 1. Awarded a contract to Hung Construction for $164,700 and authorize staff to approve change orders not to exceed $16,470, and; 2. Amended the FY05 Extraordinary Maintenance Budgets for Parrot Village and Esperanza as follows: "Dedicated to Excellence, Committed to Service." Minutes of July 6, 2004 Special Board of Commissioners Meeting Page 2 • Esperanza Kitchen cabinets, countertops & bathroom vanities $144,540 • Parrot Village Kitchen cabinets and countertops $ 36,630 *2 -F. Recommendation to Amend Landscape Maintenance Services Contract with Tree Sculpture. The Board of Commissioners amended the landscape maintenance services contract with Tree Sculpture for an additional year for a cost not to exceed $108,688. 3. AGENDA 3 -A. Updating Status of Section 8 Housing Choice Voucher Program. Executive Director Pucci said at the July 1st Joint Special meeting of the Board of Commissioners and City Council that the City Manager was given authorization to fund $130K from the HOME program. These funds are to be allocated to the Housing Authority for use for the Section 8 subsidies for voucher holders terminated from the Section 8 program. This was done on Friday and checks were mailed to landlords. Approximately $107K was paid for 107 tenants that were terminated. Originally he thought 120 families would be terminated, but the number was reduced to 107. 107 families will not be on the Section 8 program as of August 1st unless HUD provides relief and we are able to reduce our Housing Assistance Payment costs. Commissioner Daysog asked how the number of families fell from 120 to 107? Mr. Pucci explained as numbers were reviewed on payments for tenants living within the City of Alameda and those who have ported to other Housing Authorities, the figure was reduced. This allowed the Housing Authority to add more people back to the Section 8 program. Commissioner Daysog asked what steps are being taken to give time to families to make accommodations and allow the Housing Authority to pursue other funding strategies? Mr. Pucci responded that direction was given on Thursday. Friday checks were mailed. The Housing Authority will continue to search for funding. Commissioner Daysog said efforts with HUD are ongoing to increase the number of vouchers. Mr. Pucci said a conference call is scheduled with HUD which will provide answers. Commissioner Daysog asked if an option plan will be presented in mid -July on how to proceed in August? Mr. Pucci stated he hoped to have heard from HUD on the new funding formula dollar amount. This would give a better idea of the amount of money available. Scenarios will be run on how to reduce costs. Mr. Pucci explained that in January the issue was overleasing, there was no knowledge of the new funding formula at that time. The overleasing issue no longer exists. Dedicated to Excellence, Committed to Service. Minutes of July 6, 2004 Special Board of Commissioners Meeting Page 3 Commissioner Daysog clarified that the first terminations letters are not the same as the current termination letter. This issue is a budget shortfall. Commissioner Mataresse asked if landlords are willing to negotiate their rent? Mr. Pucci said with 600 landlords, the Housing Authority is negotiating over 1,000 units. Commissioner Mataresse asked if there was anything the City could do to help? Mr. Pucci explained he has spoken with Development Service's staff. They may be willing to help provide some resources. An update will be provided at the July 20th meeting. Mr. Pucci said funding still needs to be found. Speaker Olga Leonardi stated she is an Alameda resident and 40 year advocate for Fair Housing and Low - Income housing. She commended the Housing Authority and the Council. She felt the problem is not being addressed at the right level. She said HUD implements only what Congress passes. She recommended that the 108 families write to their Congressmen. She asked if the City Attorney could look into a class- action suit. Speaker Jeremy Prickett, Campaign for Renters Rights (CRR), wanted to re- confirm the numerous references to the federal government and this is a federal problem. He knows it began as a federal problem, but it needs to be addressed at the community level. He feels it is insulting to tell families to write their Congressman when they are facing eviction in three weeks. He hopes a decision can be made today. He is preparing a rally on behalf of the children and families on July 20th. Speaker Richard Mallon, Campaign for Renters Rights (CRR), he supports an extension of this meeting. He spoke of the subsidies that landlords receive. He said people facing homelessness are under massive stress. He suggested opening the books for an independent audit for the CRR. He said if the City doesn't have resources, they should help organize a picket of Senator Dianne Feinstein's house. This is causing massive stress for people. He feels the CRR is engaged in a long struggle for housing. Speaker Mahasin Abdul, she is a resident of Alameda with some questions for consideration. Without assistance, how will the City deal with new homeless population? Is there a plan in place for additional social security services such as substance abuse, crisis center for women, and many other services for children of these homeless families? With the proposed homeless population, will City revenues be shifted from other places to pay for the extra overtime for Police who must deal with the homeless population and the problems that come with it? She said in the future the cost will be two to three times as much for other services. She knows Alameda is a rich City. She asked the Board to think about the families who might be homeless and not to forget. Speaker Kenija Henry, Section 8 participant, citizen, taxpayer, mother and voter, thanked Mr. Pucci and the Housing Authority. She asked for concrete information. She heard the City offered $2 million to Ron Goode, surely something can be done for Section 8 voucher holders. She asked for people to put themselves in her shoes. This program is helping people get to the next step. Dedicated to Excellence, Committed to Service. Minutes of July 6, 2004 Special Board of Commissioners Meeting Page 4 Speaker Richard Nevlin stated this is a serious problem for the community. It seems important to get some clear information on the rules of HUD and their requirements. He also asked to find out what flexibility is allowed. He suggested spelling out the circumstances of the rent and how much each gets, so people understand the money involved and the rules. What are the options to all of the people? What criteria is used to select the 105 -110 people? He feels people should have 90 days before being terminated. Speaker Gloria Guerrera, Section 8 voucher holder. She feels there should be more help for people losing their Section 8 vouchers. Rent is high, no rent control in Alameda. Rent control needed, not enough jobs in Alameda. She is willing to have Section 8 increase her portion to allow others to stay on the program. People are talking about lawsuits. We can work together to help those that need help. She suggested charging more for those who are going to keep their Section 8 vouchers. Speaker Malika Jones, asked two questions: 1) Why weren't 135 tenants notified, and 2) can information be shared about other PHA's facing the same crisis. She is fighting to stay here. She is frightened of porting out, uncertainty is emotionally and physically draining. She asked that families be fully notified on what counties are next. She would like more information on first -time homeownership programs. Mr. Pucci addressed the speaker stating that tenants were notified last week, as soon as the Housing Authority knew funds would be available, so tenants wouldn't have to move. In the process some families moved. The Housing Authority tried to notify families as soon as possible. A first -time homebuyers program through the Section 8 program is very costly and staff - intensive. We must get through the Section 8 voucher rental program crisis first. He also mentioned other Housing Authorities in the immediate Bay Area are able to meet their funding obligations. Long Beach and San Diego have similar problems as the Housing Authority. He's not sure what the future holds for other Housing Authorities. Speaker Tyra Lewis, Section 8 voucher holder and Alameda native. She has never experienced this in Alameda. She said the Housing Authority wrote in a newsletter in November that this could happen. She called the Housing Authority and couldn't be told who would be affected. Families shouldn't have to experience homelessness. She thinks Alameda has the money and it has to be found. Everyone needs to all work together to prevent homelessness. This report is for information only. 4. ORAL COMMUNICATIONS None. 5. COMMISSIONER COMMUNICATIONS None. 6. ADJOURNMENT Dedicated to Excellence, Committed to Service. Minutes of July 6, 2004 Special Board of Commissioners Meeting Page 5 There being no further business, Chair Johnson adjourned the meeting at 8:02 p.m. Attest: Beverly Johnson, Chair Michael T. Pucci Executive Director / Secretary Dedicated to Excellence, Committed to Service. Housing Authority of the City of Alameda 701 Atlantic Avenue - Alameda, California 94501 -2161 - TEL: (510) 747 -4300 - FAX: (510) 522 -7848 - TDD: (510) 522 -8467 MINUTES SPECIAL MEETING OF THE BOARD OF COMMISSIONERS OF THE HOUSING AUTHORITY OF THE CITY OF ALAMEDA HELD TUESDAY, JULY 20, 2004 The Board of Commissioners was called to order at 7:55 p.m. PLEDGE OF ALLEGIANCE 1. ROLL CALL Present: Commissioners Daysog, Gilmore, Kerr, Matarrese, Torrey and Chair Johnson. Absent: None. 2. CONSENT CALENDAR Commissioner Daysog moved acceptance of the Consent Calendar. Commissioner Torrey seconded. Motion carried unanimously. Items accepted or adopted are indicated by an asterisk. *2 -A. Revising the FY 2005 Budget and Approving the Reorganization of the Housing Authority. The Board of Commissioners: 1. Approved the proposed 2004 -2005 revised budget; and 2. Approved the proposed reorganization of the Housing Authority; and 3. Adopted the proposed resolution revising the budget for the Conventional Low - Rent Housing Program No. CA -062 (Esperanza). 3. AGENDA 3 -A. Update on Section 8. Executive Pucci traveled to Washington, D.C. to meet with HUD officials. He was accompanied by the City's lobby firm of Holland and Knight as well as Sean McCluskie of Congressman Stark's office. The purpose of the meeting was to discuss funding, the funding formula and corrections. HUD advised they shorted the Housing Authority funding from January to June 2004 which amounts to $636K. A requisition will be sent today for the funds. Funds should be received by August 1st along with another $1.5M for the Section 8 Program. This will help for the months of August and September. Because reserves were used, about $500K of the $636K should be paid back to Esperanza. If other funding problems aren't resolved with "Dedicated to Excellence, Committed to Service." Minutes of July 20, 2004 Special Board of Commissioners Meeting Page 2 HUD by September 1st, funds would also be able to be used for September 1St. We shouldn't be in the situation of terminating anyone after September 1St. We will be able to fully -fund vouchers between now and then and through this calendar year. There could be another $700K+ that HUD owes for fiscal year ending 2003 within the next couple of months. Today notices were sent to landlords and tenants whose 108 families were terminated, telling them the process is beginning to reinstate them as of August 1St. Rent reasonableness continues to be done on all the rents with our landlords, rents are being reduced. Through a combination of reducing rents (the HAP payments), and increased funding from HUD, the Section 8 problem should be resolved. Chair Johnson said this is good news and thanked Executive Director Pucci and staff for their hard work and diligence. Mr. Pucci reminded the Board of Commissioners about the teleconference tomorrow with HUD regarding the reserves HUD needs to restore for the Housing Authority for fiscal year ending June 30, 2003. Commissioner Daysog commented on a handout he received. Some of the options are recommending rent increases of tenants. Mr. Pucci said he is looking into having tenants pay more but it takes a HUD waiver, which is doubtful. Chair Johnson asked for clarification of rent reasonableness and tenant rent. Mr. Pucci described the difference between rent reasonableness and Payment Standards. Chair Johnson introduced Gloria Guerrera, a Section 8 participant. She applauds Executive Director Pucci for the job he has done for tenants. She said Alameda still has a problem. She feels Alameda needs rent control and wants to petition with other Section 8 participants for rent control. Speaker Lucinda Rosswell complemented Executive Director Pucci for the work he has done. She described how difficult it was when she was homeless. Again she thanked Mr. Pucci. Speaker Mohasan Abdul Musawi thanked the Council, Mr. Pucci, and Mayor Johnsonon behalf of her family and other Section 8 participants. Commissioner Kerr mentioned Rent Review Advisory Committee and the success they have had in mediating disputes. She wanted to let the public know. Commissioner Torrey thanked Mr. Pucci for his trip to Washington, D.C. and to HUD for helping resolve this problem. Commissioner Daysog asked for a summary, in bullet points, on what actions the Housing Authority will be taking. Chair Johnson asked if Section 8 is really going to be phased -out by HUD. Mr. Pucci advised that there have been proposed changes. He heard today that HUD reduced the Section 8 program by $300M. Originally it was to be reduced by $1.6B, now it's Dedicated to Excellence, Committed to Service. Minutes of July 20, 2004 Special Board of Commissioners Meeting Page 3 been cut by $300M. It still has to go to the full House and Senate. The cuts may not be as drastic as originally thought. Chair Johnson asked if staff could include a legislative update for clients. Mr. Pucci said staff will do. This is an oral report for information only. 4. ORAL COMMUNICATIONS 5. COMMISSIONER COMMUNICATIONS Commissioner Torrey thanked fellow Commissioners for their work on this issue. He asked whether the service provider will be Comcast or AP & T. Mr. Pucci advised AP & T will be the service provider in all Housing Authority complexes. 6. ADJOURNMENT There being no further business, Chair Johnson adjourned the meeting at 8:18 p.m. Attest: Beverly Johnson, Chair Michael T. Pucci Executive Director / Secretary Dedicated to Excellence, Committed to Service. Housing Authority of the City of Alameda 701 Atlantic Avenue - Alameda, California 94501 -2161 - Tel: (510) 747 -4300 - Fax: (510)522 -7848 - TDD: (510) 522 -8467 DATE: October 27, 2004 TO: Honorable Chair and Members of the Board of Commissioners FROM: James M. Flint Chief Executive Officer RE: Proclaiming Section 8 Rental Property Owner of the Year Background: The Housing Authority, in an effort to increase participation from Alameda rental property owners in the Section 8 Housing Choice Voucher program, has established an award to recognize the Section 8 Landlord of the Year. This award serves a public purpose by creating an incentive for landlords to participate in the Section 8 program. Ultimately, the goal is to assist new Section 8 voucher holders to find a decent, safe place to live and to provide existing voucher holders the security if continuing to live in their homes. Discussion: In February 2004, nomination forms were mailed to current Section 8 participants asking for input on the landlord /property owner. The criteria for recommending property owners remained unchanged from when the incentive program started in 2000. Again for this year, the process includes two categories of landlords: 3 or Tess rental units under the voucher program and 4 or more rental units under the voucher program. Housing Authority staff believed the award system would be more inclusive to smaller property owners by including the number of rental units distinction. The Housing Authority received 36 nominations. Staff members reviewed all the nominations and selected a total of eight property owners, four for each category, that best fit the selection criteria. The top eight property owner nominations, with supporting documentation, were presented to a committee of the Housing Commission for a recommendation to the full Commission. The Housing Commission selected two property owners to recommend to the Board of Commissioners. Fiscal Impact: The total annual cost for this program is approximately $670.00. This includes mailing nomination forms to Section 8 participants at bulk rate and two plaques. Two $25 gift certificates also will be presented to the Section 8 participants who nominated the winning property owners. The top six finalists will receive a framed certificate for a nominal cost. "Dedicated to Excellence, Committed to Service " Honorable Chair and Members of the October 27, 2004 Board of Commissioners Page 2 of 2 Recommendation: The Housing Commission recommends to the Board of Commissioners to recommend that the Mayor proclaim: 1. Yee Mee Poon Lee is named the Housing Authority's Rental Property Owner of the Year for the 3 or less rental units category; and 2. Sue and Chuck Sweezy are named the Housing Authority's Rental Property Owner of the Year for the 4 or more rental units categories. Respectfully submitte Michael T. Pucci Executive Director MTP:caw U \boc reports \BOC LLOY Final Dedicated to Excellence, Committed to Service Housing Authority of the City of Alameda 701 Atlantic Avenue - Alameda, California 94501 -2161 - Tel: (510) 747 -4300 - Fax: (510)522 -7848 - TDD: (510) 522 -8467 TO: Honorable Chair and Members of the Board of Commissioners FROM: James M. Flint Chief Executive Officer DATE: October 25, 2004 RE: Approve Selection of Bond Underwriter for the Sale of Bonds for Refinancing Parrot Village, Eagle Village and China Clipper Background: On April 6, 2004, the Board of Commissioners authorized refinancing the bonds and notes for Parrot Village, Eagle Village, and China Clipper Plaza; a bond issuance totaling no more than $7 million, including rehabilitation project costs and bond issuance costs, with the authorizing resolution to follow. The advantages to refinancing Parrot Village and Eagle Village are definite. The advantages to refinancing the mortgage on China Clipper Plaza is less so. The advice of bond counsel and bond underwriter are needed to make this determination. Bond counsel is appointed by General Counsel. The underwriter is selected utilizing a competitive process, which considers multiple criteria. Discussion: Though more pressing financial matters have delayed this process to some extent, it has been proceeding. The Housing Authority General Counsel has appointed Jones Hall Hill and White as bond counsel. The firm has previously provided this service to the City of Alameda and to the Housing Authority and were found to be reliable. A Request for Qualifications (RFQ) was issued for a Bond Underwriting services on September 29, 2004. A public notice solicited Statements of Qualifications from all interested parties. In addition, all firms that have expressed interest in providing this service to the City or the Housing Authority in the past were provided with the RFQ and encouraged to participate. Five firms responded to the RFQ. Submittals were evaluated upon the following criteria: 1. Previous underwriting experience, including rated and unrated bonds, Low - Floater/Variable Rate Demand bonds, with housing authorities or other public entities; "Dedicated to Excellence, Committed to Service " Honorable Chair and Members October 25, 2004 of the Board of Commissioners Page 2 of 2 2. Previous experience working with bond rating agencies; 3. References of previous or current underwriting clients; 4. Services to be provided to the Housing Authority; 5. Description of any known requirements, costs, fees, etc., to be incurred by the Housing Authority in order to consummate the bond sale; and 6. Principals and staff who would be assigned to provide services to the Housing Authority. Statements of Qualifications were received from five firms. According to the Housing Authority's procurement procedures, which are based on HUD guidelines, selection must be based on qualifications, rather than the lowest "bid" as would be the case in a construction contract. Staff has evaluated the firms that submitted statements and found that although all are qualified, Stone & Youngberg would best meet the needs of the Housing Authority for the upcoming bond issuance. This recommendation is based on the criteria summarized in an analysis of the submittals, which due to their length, are on file in the City Clerk's Office along with a spreadsheet summarizing the analysis process. The usual process for securing bond underwriting services is to provide a letter of acceptance for those services. Services would be provided for a fee that is included in the bond issuance; therefore, there is no up -front cost. Upon Board approval of the recommended firm. the Housing Authority would follow this standard approach for provision of bond underwriting services. Fiscal Impact: The cost for bond underwriting services, as mentioned above, would be included in the bond issuance; therefore, there is no upfront cost or impact on the Housing Authority's budget. The overall impact of refinancing is expected to reduce the Housing Authority's costs to operate these three complexes by approximately $135,000 per year. Recommendation: The Chief Executive Officer recommends the Board of Commissioners approve the selection of Stone & Youngberg LLC to provide the Housing Authority with bond underwriting services. MTP: E D Respectfully submitt Michael T. ' ucc Executive Director Dedicated to Excellence, Committed to Service UNAPPROVED MINUTES MINUTES OF THE SPECIAL COMMUNITY IMPROVEMENT COMMISSION MEETING TUESDAY- - OCTOBER 19, 2004- -6:35 P.M. Chair Johnson convened the Special Meeting at 6:35 p.m. Roll Call - Present: Commissioners Daysog, Gilmore, Kerr, Matarrese and Chair Johnson - 5. Absent: None. The Special Meeting was adjourned to Closed Session to consider: (04- ) Conference with Real Property Negotiator; Property: 2315- 2319 Central Avenue; Negotiating parties: John Cocores 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 obtained a briefing and gave directions to Real Property Negotiators. Adjournment There being no further business, Chair Johnson adjourned the Special Meeting at 7:35 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 October 19, 2004 UNAPPROVED MINUTES MINUTES OF THE SPECIAL COMMUNITY IMPROVEMENT COMMISSION MEETING TUESDAY- - OCTOBER 19, 2004- -7:25 P.M. Chair Johnson convened the special meeting at 7:51 p.m. Commissioner Gilmore led the Pledge of Allegiance. ROLL CALL - Present: Commissioners Daysog, Gilmore, Kerr, Matarrese and Chair Johnson - 5. Absent: None. CONSENT CALENDAR Commissioner Kerr moved approval of the Consent Calendar. Commissioner Matarrese seconded the motion, which carried by unanimous voice vote - 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] ( *04- ) Minutes of the Special 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. Approved. ( *04- ) 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. Accepted. ( *04- ) 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. Accepted. ( *04- ) 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. Accepted. Special Meeting Community Improvement Commission October 19, 2004 1 AGENDA ITEM (04- ) Public Hearing to consider adoption of the Implementation Plan for the Business and Waterfront and West End Community Improvement projects; and (04- A) Resolution No. 04 -132, "Approving and Adopting the Five Year Implementation Plan for the Business and Waterfront and West End Community Improvement Projects." Adopted. Commissioner Matarrese moved adoption of the resolution. Under discussion, Commissioner Kerr stated that she would like to see a bail out provision in the event the State takes more redevelopment funds; calculations are based upon the current rate; the rate will almost certainly increase. The Development Services Director stated staff could have the Implementation Plan include a statement about financial issues related to the State's takings. Commissioner Kerr stated the State keeps increasing the amount of money it takes from redevelopment areas; although bonds have been issued, the City might not have enough money to pay off existing bonds if the State continues to increase the amount of tax increment it takes; the State has indicated [bond repayment] money would have to come from the General Fund. The Development Services Director stated that Commissioner Kerr's comments about a bail out provision would be addressed as part of the Exclusive Negotiation Agreement with MovieTECS [paragraph no. 04- ] Chair Johnson inquired whether adjustments could be made to the Plan during the 5 -year period, to which the Development Services Director responded in the affirmative. Commissioner Daysog stated around $43 million in bonds were issued; including interest, the overall debt service would be $100 million; requested information comparing the entire [$100 million] expenditure and the incoming revenues; stated revenue would come in from various projects; however, he is requesting the current tax increment base that supports the debt service. The Development Services Director stated the current overall tax increment from both projects in the plan is a little over $7 million annually; a significant amount is dedicated to debt service; staff would provide said information. Special Meeting Community Improvement Commission 2 October 19, 2004 On the call for the question, Commissioner Daysog seconded the motion, which carried by unanimous voice vote - 5. ADJOURNMENT There being no further business, Chair Johnson adjourned the Special Meeting at 7:59 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 October 19, 2004 3 CITY OF ALAMEDA MEMORANDUM October 26, 2004 TO: Honorable Chair and Members of the Community Improvement Commission FROM: Jim Flint, Executive Director SUBJ: Approval of Assignment of Catellus' Rights and Obligations for its Residential Project Pursuant to the DDA Background Several years ago, Catellus Development Corporation converted from a publicly traded company to a Real Estate Investment Trust (REIT). Catellus has requested the Community Improvement Commission's (CIC's) approval to assign its interest in the Phase III residential land (151 lots) to a passive investor as part of a REIT -wide financial transaction. Section 8.1.4 of the DDA requires CIC approval of any assignment to third parties who are not "Permitted Merchant Builders" or "Qualified Successor Residential Developers" as defined in the DDA. Discussion Real estate companies are often structured as REIT's for tax purposes. REITs' primary earnings are based on income stream (rent on investment property, etc.). Land development activities must be undertaken by taxable REIT subsidiaries and not by the primary REIT. As part of its transition from a development corporation to a REIT, Catellus is selling its homebuilding division, Catellus Residential Group (CRG) to a passive investor. The investor will provide a 20% down payment on CRG's assets and the REIT will take back a note for the remaining 80 %. This ownership structure will be more consistent with Catellus' status as a REIT. CRG currently has rights to 153 residential lots (the Phase III conveyance). CRG has already purchased 332 residential lots from the CIC. These previously purchased lots are not part of the request for assignment and sale to the passive investor. The Phase III conveyance is scheduled for June 2005. The proposed sale and assignment includes an agreement with the passive investor that Catellus will continue to manage all aspects of the residential project, including constructing the backbone and intract infrastructure, coordinating all required city approvals, working with the City's project manager on financing, permitting, construction management, etc. on behalf of the investor. In addition, Catellus retains the right and obligation to step back into the ownership role in the event of non - performance by the investor under the DDA. Therefore, Catellus has assured staff that the assignment of rights and obligations under the DDA will be seamless. All of the current Catellus staff will continue to work on the project without interruption. Given the seamless nature of the transaction and Catellus' continued involvement in the day -to -day work to conclude the project build -out over the next three years, it is recommended that the CIC approve the request for assignment pursuant to Section 8.1.4 of the DDA Dedicated to Excellence, Committed to Service Report #1 -B CIC 11 -3 -04 Honorable Chair and Members of the Community Improvement Commission Fiscal Impact October 26, 2004 Page 2 Approving the request for assignment as described above does not fiscally impact the CIC or the City's general fund. Recommendation The Executive Director recommends that the CIC approve the assignment of the rights and obligations in the Catellus DDA pursuant to Section 8.1.4 as described above and authorize the Executive Director to sign the required documents to implement such approval. Leslie A. Little Development S es Director e.bie Potter Base Reuse and Redevelopment Manager Dedicated to Excellence, Committed to Service Proclamation Whereas, the Housing Choice Voucher Program provides housing assistance to more than 1,600 lower- income Alameda families; and Whereas, landlords who participate in the Housing Choice Voucher Program provide a valuable service to the Alameda community by helping these families; and Whereas, Yee Mee Poon Lee treats her tenants with respect, flexibility and fairness; and Whereas, Yee Mee Poon Lee encourages her tenants to view their rental unit as their home; and Whereas, the City of Alameda and the Housing Authority wish to honor Yee Mee Poon Lee as an exemplary, dedicated landlord. Now, Therefore, i, Beverly Johnson, Mayor of the City of Alameda, on this day of November 3, 2004, do proclaim: Yee Mee Poon Lee to be Alameda's Housing Choice Voucher Program Rental Property Owner of the Year in the three or Tess rental unit category and encourage the community to recognize Yee Mee Poon Lee for her service to Alameda as a Housing Choice Voucher Program landlord. Proclamation Whereas, the Housing Choice Voucher Program provides housing assistance to more than 1,600 lower- income Alameda families; and Whereas, landlords who participate in the Housing Choice Voucher Program provide a valuable service to the Alameda community by helping these families; and Whereas, Sue and Chuck Sweezy, Managers of Atlantic Apartments, treat their tenants with respect, flexibility and fairness; and Whereas, Sue and Chuck Sweezy, Managers of Atlantic Apartments, encourage their tenants to view their rental units as their homes; and Whereas, the City of Alameda and the Housing Authority wish to honor Sue and Chuck Sweezy, Managers of Atlantic Apartments as exemplary, dedicated landlords. Now, Therefore, 1, Beverly Johnson, Mayor of the City of Alameda, on this day of November 3, 2004, do proclaim: Sue and Chuck Sweezy to be Alameda's Housing Choice Voucher Program Rental Property Owner of the Year in the four or more rental unit category, and encourage the community to recognize Sue and Chuck Sweezy for their service to Alameda as Housing Choice Voucher Program landlords. Beverly Mayor Proclamation #3 -B 11 -3 -04 asi E• UNAPPROVED MINUTES MINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY- - OCTOBER 19, 2004- -5:15 P.M. Mayor Johnson convened the Special Meeting at 5:15 p.m. Roll Call - Present: Councilmembers Daysog, Gilmore, Kerr, Matarrese and Mayor Johnson - 5. Absent: None. The Special Meeting was adjourned to Closed Session to consider: (04- ) Conference with Legal Counsel- Existing Litigation; Name of case: City of Alameda v. FG Managing Member, et al. Following the Closed Session, the Special Meeting was reconvened and Mayor Johnson announced that a briefing was given and direction was given to Legal Counsel. Adjournment There being no further business, Mayor Johnson adjourned the Special Meeting at 5:45 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 19, 2004 UNAPPROVED MINUTES MINUTES OF THE SPECIAL OF THE CITY COUNCIL MEETING TUESDAY- - OCTOBER 19, 2004- -5:45 P.M. Mayor Johnson convened the Special City Council meeting at 5:45 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- ) Workers' Compensation Claim; Claimant: Gary Purnell; Agency Claimed Against: City of Alameda. (04- ) Conference with Legal Counsel - Anticipated Litigation; Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9; Number of cases: Two. (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 Workers' Compensation Claim, the Council gave settlement direction; regarding Significant exposure to litigation, the Council obtained a briefing on two cases and gave directions to Legal Councel; and regarding Initiation of litigation, the Council obtained a briefing from Legal Counsel and gave directions. Adjournment There being no further business, Mayor Johnson adjourned the Special Meeting at 6:35 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 19, 2004 UNAPPROVED MINUTES MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- - OCTOBER 19, 2004- -7:30 P.M. Mayor Johnson convened the meeting at 8:00 p.m. ROLL CALL - Present: Councilmembers Daysog, Gilmore, Kerr, Matarrese and Mayor Johnson - 5. Absent: None. AGENDA CHANGES None. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (04- ) Proclamation honoring Gold Medalist Mikhaila Rutherford of Alameda on her outstanding performance at the September 2004 Paralympics games held in Athens, Greece. Mayor Johnson read and presented the proclamation to Mikhaila Rutherford. (04- ) Proclamation declaring the week of October 17 through 23 as National Business Women's Week as sponsored by Isle City of Alameda Business and Professional Women. Mayor Johnson read and presented the proclamation to Phyllis Reaney and Kimberlee Garfinkle representing Isle City of Alameda Business and Professional Women. (04- ) Proclamation declaring October 2004 as Domestic Violence Awareness month. Mayor Johnson read and presented the proclamation to Pastor Gretchin Rotz. Pastor Rotz provided handouts to Council and discussed domestic violence prevention activities in the community. CONSENT CALENDAR Mayor Johnson announced that the recommendation to accept the work of Spencon Construction [paragraph no. 04- ] was removed from the Consent Calendar for discussion. Councilmember Matarrese moved approval of the remainder of the Regular Meeting Alameda City Council 1 October 19, 2004 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 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. Approved. (04- ) 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. Richard Neveln, Alameda, noted that the City of Oakland has a "hire Oakland" policy; suggested contracts include provisions for hiring and training people in need of employment. Councilmember Kerr moved approval of the staff recommendation. Councilmember Gilmore seconded the motion, which carried by unanimous voice vote - 5. ( *04- ) Resolution No. 13772, "Approving Tentative Parcel Map No. 8474 (2430 -2490 Mariner Square Loop)." Adopted. ( *04- ) Ratified Bills in the amount of $2,146,725.53. REGULAR AGENDA ITEMS (04- ) Resolution No. 13773, "Appointing Michael K. Rich as a Member of the Civil Service Board." 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. Rich with a certificate of appointment. (04- ) Resolution No. 13774, "Reappointing Sandre Swanson as a Member of the Golf Commission." Adopted. Regular Meeting Alameda City Council October 19, 2004 2 Vice Mayor Daysog moved adoption of the resolution. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office and presented Mr. Swanson with a certificate of appointment. (04- ) Resolution No. 13775, "Appointing Rebecca L. Kohlstrand Parsons as a Member of the Planning Board." Adopted. Councilmember Gilmore moved adoption of the resolution. Vice Mayor Daysog seconded the motion, which carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office and presented Ms. Kohlstrand Parsons with a certificate of appointment. ORAL COMMUNICATIONS, NON- AGENDA (04- ) Sandra Williams, Alameda, discussed a police indecent involving her grandson; urged the Council to hold an open forum. Mayor Johnson requested that the City Manager meet with Ms. Williams. (04- ) Richard Neveln, Alameda, stated it has begun to rain and bus shelters have not been installed; more than six shelters should be installed; noted a shelter across from Mastick Senior Center is damaged. Mayor Johnson requested that staff follow up on the damaged shelter. (04- ) Alan Lau, Alameda, submitted a handout to Council; requested that the Council address the final map for 43 County Road at the next Council meeting. Mayor Johnson inquired whether the matter could not be on the next meeting because of the City's notification requirements, to which Mr. Lau responded in the affirmative. Mayor Johnson inquired whether permits expire and what would happen if the matter could not be addressed on the next agenda. Mr. Lau responded the permits expire and the neighbor wants to cancel the easement. Regular Meeting Alameda City Council October 19, 2004 3 Councilmember Kerr stated one deadline is November 21; the second Council meeting in November would be on the 16th; inquired whether the matter could be addressed at the November 16 meeting. Mr. Lau responded in the negative. The Acting Public Works Director stated Mr. Lau needs to complete a couple of items before the City can proceed; Mr. Lau submitted escrow material in lieu of a bond, which is being reviewed by Risk Management; in addition, Risk Management needs a receipt of the escrow agreement between Mr. Lau and the escrow company; once escrow is approved, Public Works can present a staff report to Council; Mr. Lau has been coordinating with the City for two and a half years and has had two extension on his final map; staff is ready to proceed; Mr. Lau has met all conditions and can begin construction once the map is recorded. Mayor Johnson inquired whether Mr. Lau could work with the Public Works Department to have the matter move forward, to which Mr. Lau responded in the affirmative. Councilmember Kerr requested that staff talk to the neighbor who is threatening to cancel the easement agreement. (04- ) John Roake, Alameda, stated names on the ballot are in random order; the Registrar of Voters office changed the order; a great wrong was done to Councilmember Gilmore; the article in the Journal stated nothing could be done. Mayor Johnson stated that she concurs with Mr. Roake and was appalled; the City Clerk's office has written communications about the ballot and tried to see if it could be corrected after the error was discovered; that she does not understand how the inexcusable error could occur; Councilmember Gilmore went from first on the ballot to last; thanked Mr. Roake for his comments. Councilmember Kerr questioned why the order could not be corrected on the touchscreen units. The City Clerk stated the proof approved on September 7 was the last communication from the Registrar's office and was in the correct random order; the touchscreen units are already being used for early voting and voters might be confused if the touchscreen order differs from the sample ballot. Vice Mayor Daysog inquired whether someone from the Registrar's office called about the ballot order. Regular Meeting Alameda City Council October 19, 2004 4 The City Clerk responded that the candidates' names were provided to the Registrar in the order filed; once the random alphabet was drawn, the names were submitted in random order; any miscommunication about the order [in August] would have been caught when the proof was approved [September 7]; after approving the proof, the Clerk's office received no further communications from the Registrar's office about the order being changed and had no idea the ballot did not list candidates in random order. Councilmember Matarrese inquired whether the Registrar's office provided an explanation why the change was made and if the Registrar's office conducted an investigation. The City Clerk responded the staff person responsible for changing the order at Registrar office was identified. Mayor Johnson stated the electoral process is important; there is a process; to have a clerical error occur so easily at the Registrar's office is difficult to understand. Councilmember Matarrese stated the City should officially ask for the Registrar's corrective and preventive action; the City has the answer that nothing be done to correct the mistake at this point; however, he wants to know what will be done to prevent the mistake from happening again; questioned why the Registrar would make a phone call when the list is in writing; fax or e -mail could be used; in order to determine what will be done to prevent an error from occurring again, an investigation needs to be completed to determine why it happened. The City Manager suggested that a letter, signed by the Mayor and copied to the Board of Supervisors, be sent to the Registrar. Councilmember Kerr stated that she cannot imagine approval not being in written form. Mayor Johnson stated it was done in written form and then the wrong list was used. The City Clerk stated the final proof was in written form and without any notification, the Registrar's office changed the ballot to list the candidates in the order they filed. COUNCIL COMMUNICATIONS (04- ) Councilmember Gilmore stated that the Mayor, Library Director and she took a tour of the new Santa Clara library last Regular Meeting Alameda City Council 5 October 19, 2004 week; the library was built by Amoroso Construction; encouraged other Councilmembers, Library Building Team (LBT) members and the public to visit the library; stated the quality of construction was excellent; Amoroso came in on time and on budget; there has been concern about the Alameda New Main Library barrel vault ceilings because of the look and expense; the Santa Clara library uses barrel vault ceilings to great effect; it looks wonderful; the LBT has done an excellent job in preserving the barrel vault element. Mayor Johnson stated another tour could be arranged for Councilmembers and LBT members. Vice Mayor Daysog stated if the barrel vault ceiling is beautiful, Council should review preserving the element. Mayor Johnson stated the LBT recommended the barrel vault ceiling remain. The Assistant City Manager stated the LBT recommended a short list of add backs, which included the barrel vault ceiling; the recommendations will be provided to Council. Mayor Johnson stated the barrel vault ceiling is not highly noticeable from the exterior, but makes a difference on the inside of the library. (04- ) 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 stated that she requested the matter be placed on the agenda to allow people to express their thoughts on the very large casino that would be close to the north field of the Oakland Airport. Councilmember Matarrese stated Oakland does not need the casino and Alameda, especially, does not need it; there are six avenues of approach into Alameda; the casino would be right on Doolittle Drive between a freeway access and Alameda; the social impact of a large gambling establishment should not be visited upon Alameda; the City should do everything to stop the casino. Councilmember Gilmore concurred with Councilmember Matarrese; stated questionable benefits would accrue to the City of Oakland; the City of Alameda would receive no benefits and would only receive problems that would cost the City in terms of increased traffic and higher public safety costs; that she wants the City to be on record as doing everything to oppose the casino. Regular Meeting Alameda City Council 6 October 19, 2004 Councilmember Kerr stated southbound Interstate 880 traffic would exit High Street; High Street and Fernside Boulevard would become impassible with additional traffic; the airport expansion Environmental Impact Report (EIR) shows level F traffic already at the intersections of Otis Drive and High Street, and Otis Drive and Fernside Boulevard; a casino would have a bad impact on residential neighborhoods in the East End; there is no benefit and a high cost to Alameda; casino use was briefly considered at Alameda Point and was a short -lived suggestion; the public of Alameda was not in favor at said time and there is no reason to expect that the public thinks otherwise now. Vice Mayor Daysog stated Walt Jacobs, a resident of Harbor Bay, said it best: this is just bad and would be terrible for Alameda; the Council wants to try to do everything the City can to stop the casino. Mayor Johnson stated hopefully the community will weigh in on the issue; the Council is starting to take a role immediately; that she personally opposes the project; that she met with tribe representatives and expressed that she expects the community would be opposed to the project; the City will oppose the project every step of the way; that she has received some feedback from the community and none of the comments have been favorable. (04- ) Discussion of Management Practice No. 35 - Use of City Meeting Rooms by Non -City Groups. Councilmember Gilmore stated that she would recuse herself to prevent the appearance of any kind of impropriety since she is wearing two hats on the item. Kate Quick, President of the Alameda League of Women Voters (LWV), stated the League reviewed the current policy on the use of facilities; use by political organizations is a not a prohibition; the City has the right to adopt a new policy; however, the group of Alameda organizations [using the Chambers for a candidates forum] played by the rules and secured appropriate permission for use under the current policy and should not be denied the right to hold the meeting; the rules should not be changed in the middle of the game; the League would be happy to assist the City with formulation of a new policy. Michael Fassler, Alameda, stated that he is concerned about the candidates forum taking place; the majority of the members of some sponsors are not Alameda residents; holding such a meeting in the Chambers gives the appearance that the Council is sponsoring the Regular Meeting Alameda City Council 7 October 19, 2004 forum; a member of one organization, HOMES, is a paid political consultant for a City Council candidate; promoting a campaign is an abuse of the public facility; the forum should not be permitted to take place in the Chambers. Richard Neveln, Alameda, stated the City should charge for use of facilities, whether it is the Council Chambers or a park area; suggested that the City seal be covered and flags be removed when the Chambers is used for non -City functions; stated an increased amount should be charged for use of the video system in the Chambers. Lucy Gigli, Bike Alameda, stated Bike Alameda does not believe the City should pick and choose which groups, beyond extreme groups, should use City Hall. Jon Spangler, Alameda, stated there is nothing wrong with Management Practice 35; the City should not be involved with picking and choosing who should use City facilities, which is censorship; the LWV held a candidates forum at Mastick Senior Center; inquired whether the forum would be questioned if the LWV were sponsoring the forum; stated the City Council and staff should not be asking said type of questions; sedition has been illegal and unconstitutional in the United Stated for a long time; the first amendment guarantees freedom of speech and assembly; Section 6 of the policy states: "The reasons for revocation include, but are not limited to, the need for meetings rooms for City business or to hold a City activity, avoidance or 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." Mayor Johnson stated it would be difficult, unfair and inconsistent with the policy to revoke the use request that has been approved; given that the forum is tomorrow night, said action should not be taken; the Management Practice should be reviewed and a Council policy should be adopted; inquired whether the City pays staff to open and close the building; stated if staff is paid, the City is subsidizing groups that have activities in the building; the current policy would allow an individual to have a campaign kick off in City Hall; inquired whether the City would prevent said type of use from happening; stated City Hall should not be available for some of the uses that the Management Practice would allow; having a discussion on ballot measures might be different from having a candidate forum, where candidates are campaigning; there are uses the City should not subsidize; the City should not censor; use by extreme groups was mentioned; currently, the City cannot deny requests from extreme groups; the policy language should be Regular Meeting Alameda City Council 8 October 19, 2004 reviewed and tightened up; that she would welcome the LWV's assistance on the matter. Councilmember Matarrese stated the policy is fairly reasonable; the forum will not endorse anyone; the LWV's held a forum at Mastick Senior Center, which is public space; a forum is a worthy use of public space; one of the Presidential debates was held at a public university; the benefit outweighs the liabilities; there are indemnifications and considerations which protect from physical liability; that he does not want a more restrictive policy because of the liability of limiting open government; there are far too many closed activities in government; the City should not slip down said path. Vice Mayor Daysog stated the issue is viewed as a matter of open government and free speech; the argument of not allowing use of the Chambers stifles free speech; there are rules regarding free speech; the need to balance free speech and fair speech is nothing new, especially with respect to the use of public facilities and campaigning; California Government Code Section 8314 prohibits campaigning in public facilities of State and local governments; in 1976, the law was clarified by a court case, Stanson v. Mott, that is recognized as the authoritative word on campaigning in public facilities; the case has three key tests for appropriate use of public facilities for campaigning; the first test has to do with whether the activity or organization is seeking specific electoral change; the second is whether the public agency has clear and explicit rules that allow public use of facilities for campaigning; the third test is whether all sides are included in the course of a political campaign at a public site; HOMES is a political organization; there are not clear enacted rules that allow political organizations to use the Chambers; having an opposing voice, such as Alamedans for Measure A, as a cosponsor would satisfy the third test; Government Code 8314 and Stanson v. Mott were put into place to give citizens confidence that the resources government controls are not put in one hand at the expense of another; the laws and court case are put in place to ensure fair exercise of free speech in public facilities; the right course of action is to deny the permit and to provide time for proponents to rectify the situation in ways consistent with free and fair speech. Councilmember Kerr stated the room use request only shows HOMES is the sponsor; a flyer indicates that the sponsors are: HOMES, Bike Alameda, Alameda Transit Advocates, Urban Ecology, East Bay Housing Organization, Transportation and Land Use Coalition and Greenbelt Alliance; several out of town organizations are sponsoring the forum; only HOMES signed the application; none of the other organizations held the City harmless; inquired whether there was an Regular Meeting Alameda City Council 9 October 19, 2004 error in paperwork; stated that in the past, HOMES has made untrue statements about high density being the solution to affordability; therefore, she views the room request with doubt; other organizations, including out of town organizations, were left off the request; the room use request is inadequate and should not be granted; the Council never approved the policy; the Council should adopt a new policy; rent is not charged for City Hall; recreational facilities charge rent; free use of City Hall is problematic because there are maintenance, heat and light costs to the taxpayers; inquired whether the forum would use the broadcasting equipment. Mayor Johnson stated the policy prohibits use of equipment. The City Manager stated using the equipment would be a violation of the Management Practice. Councilmember Kerr stated the use request is not valid. Mayor Johnson inquired whether staff is paid to unlock and lock City Hall, to which the City Manager responded in the affirmative. Mayor Johnson stated the taxpayers should not have to fund candidates forums; an individual candidate could have a campaign kick off at City Hall; if religious organizations use the facility, there would be a problem with separation of church and state; the policy should be cleared up; there are different rules for recreational facilities and Mastick. The City Manager stated the policy could limit the use of the Council Chambers to legislative bodies, such as the school and hospital boards, the Council, and City boards and commissions. Mayor Johnson stated the public should not subsidize groups or individuals using City Hall. Councilmember Kerr stated the City should not grant free use to other organizations with taxation ability; the City paid rent when it used the School District's facilities. Vice Mayor Daysog stated the City is privileging a political organization with a set of ideas; having a cosponsor with a different perspective would be fair and would make questions balanced. Mayor Johnson stated if the City told groups whom to invite, it would be taking too strong of a role; the City would run into more trouble trying to make things fair, than if a policy were adopted Regular Meeting Alameda City Council 10 October 19, 2004 making certain facilities unavailable for campaign purposes. Vice Mayor Daysog stated that he does not want political campaigning in the Council Chambers; however, court cases allow campaigning to occur in public facilities within certain parameters. Mayor Johnson questioned whether all candidates would have to be invited to be cosponsors if a candidate wanted to hold a kick off party in the Chambers. Councilmember Matarrese noted the policy does not allow food or drink; stated the balance comes from inviting all candidates to the forum; Congressman Pete Stark holds town hall meetings at City Hall; when Congressman Stark is up for reelection, his opponents are not invited to the meetings; inquired whether the City is subject to liability if all sponsoring organizations are not on the room use request. The City Attorney responded that she does not foresee specific liability issues; sponsoring could be providing monetary support or lending their name. Councilmember Matarrese stated that he does not have a problem with candidates providing their viewpoints since all candidates were invited. Mayor Johnson stated the Council should review the policy since taxpayers subsidize use; however, the forum tomorrow should be permitted; canceling so late would be unfair; the Council should create a new policy. Councilmember Kerr stated requesting a hold harmless agreement from one sponsor indicates the City has liability concerns. Mayor Johnson suggested that the City request hold harmless agreements from all sponsors; noted Bike Alameda had a representative present; inquired whether Bike Alameda would sign a hold harmless or provide a proof of insurance. Ms. Gigli, Bike Alameda, responded in the affirmative. Councilmember Kerr stated that she is concerned about out of town organizations, not Alameda organizations; noted candidates will get only certain questions. Mayor Johnson stated the City could not choose to allow groups it likes and prohibit groups it does not like. Regular Meeting Alameda City Council 11 October 19, 2004 Vice Mayor Daysog stated the City could require use of the facility only be permitted in a fair and balanced manner. Mayor Johnson stated Vice Mayor Daysog's recommendation would be difficult but could be reviewed. Councilmember Kerr stated campaigning of any kind should not be permitted in the Chambers. Mayor Johnson stated the policy issue should be brought back to Council. Councilmember Matarrese stated the other sponsors should be required to hold the City harmless; the Management Practice governing use of public rooms in the City should be placed on a future agenda. Mayor Johnson suggested staff provide a draft to Council. The City Manager suggested Council provide feedback on amendments to the Management Practice to allow staff to assemble the draft. Councilmember Kerr stated use of City Hall should not be free. Vice Mayor Daysog and Councilmember Kerr noted that they would like the use request denied. Mayor Johnson inquired whether Council could give direction about the use request, to which the City Attorney responded that Council could provide direction to the City Manager regarding revoking approval. Mayor Johnson stated that she and Councilmember Matarrese do not think the use request should be denied; Councilmembers Daysog and Kerr do not think the use request should be permitted. The City Attorney noted the Charter requires three votes for action. Mayor Johnson stated the other sponsors should complete hold harmless agreements and the use request should be amended to list all organizations. (04 -. ) Consideration of Mayor's nominations for appointment to the Housing and Building Code Hearing and Appeals Board. Mayor Johnson nominated Edward R. Depenbrock for appointment to the Regular Meeting Alameda City Council 12 October 19, 2004 Housing and Building Code Hearing and Appeals Board. (04- ) Consideration of Mayor's nomination for appointment to the Housing Commission (Tenant Seat). Mayor Johnson nominated Franklin T. Rash for appointment to the Housing Commission. ADJOURNMENT There being no further business, Mayor Johnson adjourned the meeting at 9:48 p.m. and announced that the next Regular City Council Meeting will be adjourned to Wednesday, November 3, 2004 due to the November 2, 2004 General Municipal Election. Respectfully, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with Brown Act. Regular Meeting Alameda City Council October 19, 2004 13 City of Alameda Inter - office Memorandum October 22, 2004 To: Honorable Mayor and Members of the City Council From: James M. Flint, City Manager Subject: Report Recommending Acceptance and Authorization to Record a Notice of Completion for the Bayport Residential Phase 1 Public Backbone Improvements (Tract 7511) Background The Expenditure Authorization to prepare plans and specifications for the Catellus / Bayport Residential Phase 1 Public Backbone Infrastructure Improvements along Ralph Appezzato Memorial Parkway between Main and Fifth Streets, and along Fifth Street between Ralph Appezzato Memorial Parkway and Neptune Gardens Avenue ( "Improvement ") was approved on May 31, 2002. The major scope of work related to the Improvements included trenching, installing underground utilities, grading, paving, landscaping and lighting. Work related to the Improvements was performed in accordance with the approved Master Plan; Master Grading, Demolition and Improvement Plans; Site -wide Landscape Improvement Plans; Site Management and Air Monitoring Plan; Demolition Plan; Traffic Management Plan; Storm Water Pollution Prevention Plan; Health and Safety Plan; Construction Debris Management Plan; Utility Abandonment Plan; and Marsh Crust Ordinance. The City's designated City Engineer (Harris & Associates) approved the award of the Improvement contract by and between, Catellus Construction Corporation, the CIC's General Contractor, and McGuire and Hester, the Catellus "Sub- Contractor" on June 19, 2003. The construction contract for the Improvements was executed on June 23, 2003, and the Notice to Proceed was issued on June 24, 2003. Discussion / Analysis The initial estimated project budget for the Improvements, including a ten percent contingency, totaled $4,121,841. The approved expenditure authorization of $3,747,128 was based on a base bid of $3,519,065 and contingency of approximately $228,063. Change orders associated with the work were attributable to unforeseen conditions encountered during the excavation and underground utility installation in Ralph Appezzato Memorial Parkway and in Fifth Street, undocumented utilities, soft sub grade and poor soil conditions, and additions to the original scope of work to satisfy requirements by the City's Public Works Department, EBMUD, PG &E and AP &T. Dedicated to Excellence, Committed to Service Report #4 -B CC 1 1 -3-04 Honorable Mayor and Members of the City Council October 22, 2004 Page 2 As a result, the final contract amount, including change orders was $3,975,000, which was approximately $146,841 below the initial estimated project budget for the Improvements. In accordance with Article 4.3 and Article 10.1 of the construction contract, McGuire and Hester obtained substantial completion on the Improvements on June 30, 2004, and has provided the required two -year warranty bond. As the CIC 's General Contractor, Catellus has requested final payment of the amount of funding held in retention. Pursuant to Section 4.j. (3) & (4) of the approved Construction Reimbursement Agreement, Harris & Associates, acting as the City Engineer and Director for the Project on behalf of the City, approved final completion of the Improvements on October 6, 2004, and is making the recommendation that the City Council formally accept the completed Improvements based on substantial completion. Fiscal Impact All project costs related to the Improvements are funded from revenues generated from the project. Project revenues consist of land sale proceeds, profit participation and tax increment funds. All in -tract improvements, including in -tract public streets, sidewalks, landscaping and homes will be constructed by, and are the responsibility of, the Developer. Therefore, there is no impact on the general fund. Recommendation The City Manager recommends that, based on the City Engineer's final authority to approve the Improvements on behalf of the City, the City Council formally accept the Residential Phase 1 Backbone Infrastructure Improvements, and direct the City Clerk to file a Notice of Completion for the Improvements. JF/PB /MN /DC:dc Respectfully submitted, Matthew T. Naclerio Public Works Director By. g Cole Redevelopment Manager Dedicated to Excellence, Committed to Service G: \Comdev \Base Reuse& Redevp\DougCole\2nd Conveyance\RIBBI Acceptance \CC Staff Report RIBBI_August 2004.doc CITY OF ALAMEDA MEMORANDUM Date: October 14, 2004 To: Honorable Mayor and Councilmembers From: James M. Flint City Manager Re: Recommendation to Authorize the City Manager to Execute an Amendment to Lease Agreement with Grand Edibles, Inc., to Preserve the Park and Ride Facility BACKGROUND In September 2001 the City entered into a lease agreement with Grand Edibles, Inc., for the Bay Fairway Hall facilities, now named the Grandview Pavilion. As a condition of accepting the lease agreement, Grand Edibles, Inc., required that the Park & Ride facility (approximately 50 spaces) be relocated to another area within two years of executing the lease. DISCUSSION /ANALYSIS In an effort to keep and increase their customer base Grand Edibles, Inc., operators of the Grandview Pavilion, would like to upgrade the facility with air conditioning. The City is not obligated to either maintain or upgrade the Heating, Ventilation and Air Conditioning (HVAC) system. However, under the provisions of the lease agreement, the City would benefit from increased utilization of the facility in the form of increased rent payments. The City will contribute $1,000 towards the HVAC upgrade. Also, to fund the improvement, Grand Edibles, Inc., has offered to keep the Park and Ride facility at a cost of $45,000. The current location of the Park & Ride facility is convenient for the residents of Bay Farm Island and is well utilized. The lot is well lit with a bus stop directly adjacent to the parking lot. The cost equates to approximately $1.00 /space /week for the next 17 years at which time the lease ends. The proposed cost is reasonable when compared to the land lease costs and development of an alternative parking facility. Measure B Funds would be an eligible funding source for this transaction. The Second Amendment to the Agreement for Grand Edibles, Inc., is on file in the City Clerk's Office. %of Alameda QubH cWorks Department Public Works Jfi ra,hr Kw! Dedicated to Excellence, Committed to Service Report #4 -C CC 1 1 -3-04 Honorable Mayor and Page 2 Councilmembers October 14, 2004 BUDGET CONSIDERATIONS/FINANCIAL IMPACT There is no impact to General Fund. Funds are available in Measure B. The City's one -time contribution of $1,000 will be in the form of a rent credit. Lost rent will be offset by increased rental due to the system upgrade. RECOMMENDATION It is recommended that the City Council, by motion, authorize the City Manager to execute an Amendment to the Lease Agreement with Grand Edibles, Inc. to preserve the park and ride facility and authorizing the expenditure from Measure B funds. Respectfully Submitted, (yMatthew T. Naclerio Public Works Director Mar . t A. McLean Act',' ublic Works Coordinator MTN:MAM:gc cc: Grand Edibles, Inc. G: \PUB WORKS\P WADMIN \COUNCIL\2004 \110204 \grandreport.doc Dedicated to Excellence, Committed to Service Alameda PubliCWoiks Department PuhlicWa{s!u for r„! CITY OF ALAMEDA MEMORANDUM Date: October 14, 2004 To: Honorable Mayor and Councilmembers From: James M. Flint City Manager Re: Recommendation to Authorize the City Manager to Sign an Amended Core Natural Gas Sales and Aggregation Agreement BACKGROUND The City of Alameda has been participating in the natural gas purchasing program known as ABAG POWER since its inception in 1997. The program is managed by the Association of Bay Area Governments (ABAG) who pools the buying force of the participating municipalities and special districts to purchase long -term contracts for the supply of natural gas. The accounts eligible for participation are just those for which the City of Alameda is responsible. As most of the City's facilities utilize natural gas for heat or hot water, participation in this program has resulted in on -going cost savings for the City. Currently, members must commit to stay in the purchasing pool for three years. The next opportunity to withdraw from of the program is on July 1, 2005. DISCUSSION /ANALYSIS The proposed amendment updates the agreement to be in accordance with current regulatory conditions. In addition, the amendment reflects a change in the program term, and institutes a three -year "Rolling Evergreen" arrangement for members wishing to withdraw from the program. It is the belief of the Executive Committee and the City Manager that the change in terms will allow ABAG POWER more flexibility in entering into longer term (up to three years) gas purchase agreements with various suppliers, thus giving ABAG a greater opportunity for entering into contracts that meet the goals of cost savings and price stability The City's representatives to the Board of Directors currently are the Public Works Administrative Management Analyst and the Finance Department Administrative Services Coordinator. No change in representation is proposed. A copy of the Amended Core Natural Gas Sales and Aggregation Agreement is on file in the City Clerk's Office. GtyofAlameda tubfi(Works Department ILblic Work ;IWOrx Ywi! Dedicated to Excellence, Committed to Servic Report #4 -D CC 1 1 -3-04 Honorable Mayor and Councilmembers BUDGET CONSIDERATIONS/FINANCIAL IMPACT Page 2 October 14, 2004 There is no cost to the General Fund. The City does save on the cost of natural gas. Below is a comparison chart between PG &E and ABAG cost for gas. C ABAOIPOBE Rate Comparison (commodity only) 0 Jul -02 Oct -02 Jan•03 Apr•09 Aug-03 Nov -09 ABAG Rate - - -POSE Rate RECOMMENDATION It is recommended that the City Council, by motion, authorize the City Manager to sign an amended Core Natural Gas Sales and Aggregation Agreement. MTN:MAM:gc Respectfully Submitted, _Matthew T. Naclerio Public Works Director ar;, : A. McLean Acti ' ublic Works Coordinator G: \PUB W ORKS\P WADM IN \COUNCIL\2004 \110204 \coregas.doc Dedicated to Excellence, Committed to Service ayofPJ neda .ubIicWwks Department lamrn Works WA* for You! CITY OF ALAMEDA MEMORANDUM Date: October 18, 2004 To: Honorable Mayor and Councilmembers From: James M. Flint City Manager Re: Recommendation to Accept the Work of Vortex Marine Construction, Inc., for Alameda Harbor Bay Terminal Repair, No. P.W. 08 -04 -12 BACKGROUND On June 7, 2004, the Alameda Harbor Bay Ferry (AHBF) suspended service due to a storm that caused catastrophic failure of the Harbor Bay Ferry Terminal docking facility. Damage consisted of the failure of two of the five piles securing the barge as well damage to the gangway. On June 15, 2004, Council adopted a resolution finding that "repair of the Harbor Bay Ferry Terminal Facility constitutes a Great Necessity or Emergency that requires immediate action" and authorized the City Manager to enter into the required contracts for repairs. The City contracted with Vortex Marine Construction, Inc, ( "Vortex ") for the project. Vortex completed work on Thursday, September 30, 2004. AHBF resumed service on October 1, 2004. DISCUSSION /ANALYSIS Shortly after the facility was damaged, staff began consultations with maritime experts to determine. 1) the cause(s) of the failure and 2) what must be done to ensure that proposed repairs would last approximately 15 years. On June 11, 2004, staff issued an informal Request for Bids ( "RFB ") for the project. Bids were due on June 17, 2004. The RFB included a standard City construction contract as it was thought that replacement of the two damaged piles and inspection of the remaining three piles could be done quickly and the City did not have a design -build contract form available for this purpose. The fact that the piles failed at the weld line (approximately three feet above the mud) raised questions about: 1) the adequacy of the original facility design (assumptions, load factors, pile thickness, diameter, etc); 2) the quality of the pile welds; and 3) the effect of the concrete fill that had originally been placed in the top sections of all five piles. The City was strongly advised that a thorough evaluation of the proposed barge securing design was needed to prevent another failure. Vortex was the only contractor to include a "wave /mass analysis" in their bid. At that time, it became clear that the City would need to rely on the contractors to design the work and that a design - build contract would be necessary rather than the City's standard design- bid -build contract. On June 24, 2004 the City Attorney's Office began drafting such an agreement. After a series of negotiations Dedicated to Excellence, Committed to Service Gtvafakmeda uubIicWorks Qpartinent ILbfic Work HM fru• You! Report #4 -E CC 1 1 -3-04 Honorable Mayor and Councilmembers October 18, 2004 Page 2 that resulted in Vortex's rejection of the City's contract, the City prepared another form of agreement. The negotiations were completed on August 20, 2004 and the contract was executed on August 30, 2004. The design -build contract required Vortex to: 1) provide drawings and calculations demonstrating that proposed repairs could reasonably be expected to last for 15 years; 2) inspect and replace all five barge piles, as needed; 3) install a new City - provided 84 -foot gangway; and 4) inspect and modify barge as needed to support the new gangway. Staff issued the Notice to Proceed for the Design Phase on August 31, 2004 and the Notice to Proceed for Construction on September 14, 2004. Work was completed on September 30, 2004. BUDGET CONSIDERATION/FINANCIAL IMPACT The Alameda Harbor Bay Terminal Repair Project was completed at a cost of $282,941 (see Table 1). Funding was provided by Regional Measure 1 -2% Bridge Toll Revenue, Harbor Bay Maritime Hull and Machinery Insurance Policy and Alameda Harbor Bay Ferry Maintenance Reserve Budget CIP# 621.10 (see Table 2). A portion of the reserve budget includes Measure B funds. No general fund money was used for this project. Table 1 ITEM Total Manson Construction: Emergency barge stabilization. $20,000 Vortex Marine Construction: $190,224 Topper Industries: Gangway Purchase $55,283 Halisten Corporation: Old gangway removal evaluation(1) $1,300 Zac Reynolds: Naval Architect $8,125 City Expenses $8,009 TOTAL $282,941 Table 2 Funding Source Vortex Contract: The initial Vortex contract was for $183,800 (including a $25,000 contingency). There was one amendment increasing the contract "not to exceed" by $6,424 which equals $190,224. The amendment for $6,424 was to cover the cost for 196 hours of overtime needed to ensure that repairs were completed no later than October 1, 2004. Dedicated to Excellence, Committed to Service Gtvof lan,da yybIicWorks Department Public WMk IYkvf You! MTC RM 1 -2% $243,775 Gangway Hull and Machinery Policy $31,500 CIP 621.10 (AHBF Operations Maintenance Reserve)(includes some Measure B funds) $7,666 Total $282,941 Vortex Contract: The initial Vortex contract was for $183,800 (including a $25,000 contingency). There was one amendment increasing the contract "not to exceed" by $6,424 which equals $190,224. The amendment for $6,424 was to cover the cost for 196 hours of overtime needed to ensure that repairs were completed no later than October 1, 2004. Dedicated to Excellence, Committed to Service Gtvof lan,da yybIicWorks Department Public WMk IYkvf You! Honorable Mayor and Councilmembers RECOMMENDATION October 18, 2004 Page 3 The City Manager recommends that the City Council, by motion, accept the work of Vortex Marine Construction, Inc., for Alameda Harbor Bay Terminal Repairs, No P.W. 08- 04 -12. Respectfully submitted, rye Matthew T. Naclerio Public Works Director By: Ernest Sanchez Ferry Manager MTN/ES :gc G:\PUBWORKS\PWADMIN\COUNCIU2004 \110204 \Vortex Accept.doc Dedicated to Excellence, Committed to Service GtvofAlarnetla tub! icWorks apartment Public Works Woriv fw NI! CITY OF ALAMEDA Memorandum TO: Honorable Mayor and Councilmembers FROM: James M. Flint City Manager DATE: October 20, 2004 RE: Approval of Contract with Dynix, Inc. for New Integrated Library System in the Amount of $217,783 Background Alameda, like all modern libraries, depends for virtually all its operations upon a computer system known as an integrated library system or ILS. Our ILS allows the Library to link acquisitions, cataloging, circulation and search functions to materials and patrons in a single database structure. Alameda purchased its first ILS in 1992, and the same system, sorely in need of replacement, is still in use today. The computer system, Dynix "Classic ", is a legacy product whose hardware and software support is dwindling. For example, the vendor no longer supports software enhancements, and recently notified the Library that its existing database server had reached "end of life" with parts and service no longer guaranteed. Moreover, the existing system lacks the graphical interface and client- server features so important for providing higher levels of electronic services, better functionality and improved network connectivity. Discussion/Analysis The Library employed a competitive procurement process, inviting proposals from all library software vendors. The RFP was released in April, 2004 and three proposals were received by the mid -May deadline. Two finalist vendors were selected in late May, and demonstrations and scoring occurred in July. A staff evaluation team worked with a consultant, Joseph Ford & Associates, to analyze proposals, establish a list of finalists, check references, interview staff, make site visits and view two full -day scripted demonstrations, one day for each vendor. Following the demonstrations the team reviewed their findings, scored the vendors, and the consultant developed the five -year cost projections. The consultant and evaluation team unanimously recommended the new Dynix product, Horizon, as the most suitable system for Alameda, as scored on nine different evaluation categories including cost. It is of particular importance to Alameda that Dynix Horizon offers superior support, simpler setup and modification, and operates in a less proprietary environment. This will Dedicated to Excellence, Committed to Service Report #4 -F CC 1 1 -3-04 Honorable Mayor and Councilmembers Page 2 October 20, 2004 save time and money during installation and setup, and into the future as the software and hardware may need to be modified. Negotiations were concluded in late September, and on November 13, 2004, the Library Board passed a resolution in support of acquiring this system, and recommending that the Council approve the contract. A copy of the Resolution is included as Attachment A. Staff expects implementation to begin in mid- November, 2004, and that the system will be fully operational by April, 2005. Budget Consideration/Financial Impact The all- inclusive cost of the contract is $217,783, including shipping and applicable taxes. The money will be taken from fund 317, a reserved fund balance for Library technology. A copy of the proposed contract is on file in the City Clerk's office. Recommendation The City Manager recommends approval of a contract in the amount of $217,783 with Dynix, Inc. for the Dynix Horizon integrated library system. Attachment Respectfully submitted, James M. Flint City Manager By: Susan Har. ie Library Director Dedicated to Excellence, Committed to Service Attachment A Resolution Passed by Alameda Free Library Board October 13, 2004 WHEREAS, in order to improve library service to the residents of Alameda, providing them with modern automated library circulation, catalog, database and internet services; and WHEREAS, in order to provide efficient and reliable library computer operations, it is necessary that the library replace its legacy Dynix Classic automated system; and WHEREAS, an extensive and impartial evaluation process has determined that Dynix Horizon is the best replacement system for our library and our community; NOW, THEREFORE, BE IT RESOLVED by the Board of the Alameda Free Library that the Board supports the acquisition of the Dynix Horizon automated system and believes it will improve library services to the community and the efficiency and reliability of library operations, and therefore respectfully urges the City Council to approve acquisition of this system. Dedicated to Excellence, Committed to Service CITY OF ALAMEDA MEMORANDUM Date: October 14, 2004 To: Honorable Mayor and Councilmembers From: James M. Flint City Manager Re: Recommendation to Adopt a Resolution Requesting an Extension of Fund Allocation for Ballena Bay Bridge Seismic Retrofit Project, No. P.W. 05 -00 -09 BACKGROUND The City of Alameda has plans to upgrade the existing Ballena Bay Bridge (BBB) on Ballena Boulevard to mitigate possible earthquake damage. The BBB is the only land connection between the Main Island and residential and commercial properties at the Ballena Bay area. In 1999, the City was awarded a grant to seismically upgrade the bridge. The project is eighty -five percent funded through the California Department of Transportation (Caltrans) Highway Bridge Rehabilitation and Replacement Program (HBRR) and the remaining 15% is Measure B Funds. Recently, Caltrans notified the City that current funding available for the preliminary engineering phase could lapse on June 30, 2005, unless the project is completed before that date or an extension request is approved by Caltrans and the California Department of Finance. The extension request must be accompanied by a resolution approved by the City Council. DISCUSSION /ANALYSIS The bridge improvements have been designed and are awaiting environmental approval prior to the construction phase. In 2002, the City retained the consulting firm of Parsons, Harland, and Bartholomew, Inc., to conduct the necessary environmental studies and permitting requirements to gain approval for construction. The site, which spans a portion of the San Francisco Bay, is considered environmentally sensitive and required extensive study and permitting by several regulatory agencies. The studies were completed in 2003 and submitted for a NEPA review to Caltrans and for a Joint Aquatic Resources Permit reviewed by numerous regulatory agencies. Because of staffing changes at Caltrans the review by Caltrans is not complete, but staff received assurances that the final environmental clearance by Caltrans and the Federal Highway Administration will be forthcoming. GtvolAlawda blicWorks Public Itnhfr You! Dedicated to Excellence, Committed to Service Report #4 -G CC 11 -3 -04 Honorable Mayor and Councilmembers Page 2 October 18, 2004 Caltrans recommended that the City request an extension of funds since construction cannot be completed before May 15, 2005. The City Manager recommends that the City apply for the extension in order to preserve current and future funding. Caltrans has required a City Council resolution approving the request for the HBRR funding extension for seismic repairs on BBB, which is attached. BUDGET CONSIDERATION/FINANCIAL IMPACT There is no impact on the General Fund if HBRR funds are preserved. RECOMMENDATION The City Manager recommends that the City Council, by motion, adopt a resolution requesting an extension of fund allocation for Ballena Bay Bridge Seismic Retrofit Project, No. P.W. 05- 00 -09. MTN:JVW:gc cc: Measure B Watchdog Committee G: \PUB WORKS\P WADMIN\ COUNCIL\2004 \110204\Ballena.doc Respectfully submitted, Matthew T. Naclerio ' Public Works Director By: 4lohn V. Wankum Supervising Civil Engineer Dedicated to Excellence, Committed to Service sofa uubH cWorks apartment Public Works Wmkffrx Void CITY OF ALAMEDA RESOLUTION NO. APPROVING AND ADOPTING THE EXTENSION OF FUND ALLOCATION FOR BALLENA BAY BRIDGE SEISMIC RETROFIT PROJECT, NO. P.W. 05 -00 -09 WHEREAS, the City of Alameda is required to upgrade and seismically retrofit the Ballena Bay Bridge to mitigate possible earthquake damage; and WHEREAS, in accordance with Caltrans standards, the bridge has been designed to withstand seismic damage; and WHEREAS, the City of Alameda has contracted with a consulting firm to conduct the necessary environmental studies and permitting requirements in order to gain approval for construction; and WHEREAS, the City of Alameda has worked with Caltrans over the last year to receive review approval. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Alameda adopts a resolution requesting an extension of fund allocation for Ballena Bay Bridge Seismic Retrofit Project, No. P.W. 05- 00 -09. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the day of , 2004, by the following vote to wit: AYES: NOES: ABSENT: ABSENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this day of 2004. Lara Weisiger, City Clerk City of Alameda Resolution # 4 -G CC 11 -3 -04 CITY OF ALAMEDA MEMORANDUM To: Honorable Mayor and Councilmembers From: James M. Flint City Manager Date: October 20, 2004 Re: Resolution Setting Free All -Day Parking, with a Three -Hour Maximum per Car per Space, for the Park Street Business District and the West Alameda Business District on November 27, December 4 and 11, 2004 BACKGROUND In 2002, Council adopted a Resolution that granted free parking the Saturday before Christmas in both the Park Street and Webster Street Business Districts in perpetuity. Accordingly, free parking will occur December 18 of this year in each business district. Both the Park Street Business Association (PSBA) and the West Alameda Business Association (WABA) are asking this benefit be extended this year only (2004) for three additional Saturdays. DISCUSSION Each business district has enjoyed the Saturday before Christmas free parking concept. This year, each District would like to build upon that concept: • Park Street Business Association (PSBA) — is requesting the additional three Saturdays of free parking to compliment their Holiday marketing campaign which features wide - spread regional advertising in various media (print, TV, Internet) based on the notion that Park Street is now a destination shopping area much like 4th Street in Berkeley. • West Alameda Business Association (WABA) — is also requesting the additional three Saturdays of free parking since Webster Street is under construction with the Webster Renaissance Project. Having free parking during the Holiday season may help offset any hardships for shoppers due to construction activity. FISCAL IMPACT The City Finance Department estimates average daily revenue from parking meters as follows: • Park Street Business District - $1,331.88 • Webster Street Business District - $271.03 Dedicated to Excellence, Committed to ServicRe: Resolution #4 -H CC 11 -3 -04 Honorable Mayor and Councilmembers October 20, 2004 Page 2 If parking meters are made free an additional three days in each Business District, $4,808.73 in parking meter revenue will not be collected. While some parking meter revenue may be lost to the City, it is quite likely to be offset by increased sales due to shoppers enjoying free parking. Sales tax revenue provides funding for the City's General Fund. PSBA and WABA will provide the parking meter hoods as well as the staff to place and remove the hoods. MUNICIPAL CODE CROSS - REFERENCE Parking meter fees, time limits and holidays are established within the Alameda Municipal Code, specifically Sections 12- 13.2(a) and 12 -16.4. Council can offer free parking in both the Webster Street Business District and the Park Street Business District by Resolution in accordance with the sections of the Code. RECOMMENDATION The City Manager recommends adoption of a Resolution setting free all -day parking, with a three - hour maximum per car per space, for the Park Street Business District and the West Alameda Business District on November 27, December 4 and 11, 2004. This would be in addition to the free parking for both business districts previously established by Council Resolution in 2002 for free parking the Saturday before December 25. By: LAL /SGR:ry Resp ° cy y submitte Leslie A. Little Devel• • :nt Services erector uss Management Analyst cc: Park Street Business Association West Alameda Business Association Matt Naclerio, Public Works Director Police Chief Matthews Dedicated to Excellence, Committed to Service G:\BUSASSOC\Free Parking at Christmas \3 Saturdays before xmas free parking.doc o 0 ret-'4 O ›-4 talU CITY OF ALAMEDA RESOLUTION NO. ESTABLISHING ANNUAL FREE ALL -DAY PARKING WITH A THREE -HOUR MAXIMUM PER CAR PER SPACE FOR THE WEBSTER STREET AND THE PARK STREET BUSINESS DISTRICTS ON NOVEMBER 27, DECEMBER 4 AND 11, 2004 WHEREAS, in 2002 Council set the Saturday before December 25 as a day that parking meters be free in both the West Alameda and Park Street Business Districts; and WHEREAS, both the West Alameda Business Association and the Park Street Business Association request that the free parking on Saturday practice be extended in 2004 to three additional Saturdays prior to December 18; and WHEREAS, each District may realize an increase in sales due to free parking meters and shoppers would be encouraged to shop in each District should parking meters be free; and WHEREAS, the City loss of revenue from free parking meters may be off -set by increased sales in each District; and WHEREAS, parking meter frees, time limits, and holidays are established in accordance with Alameda Municipal Code section 12 -13.2 (a) and 12 -16.4 respectively; and WHEREAS, parking fees are established by Resolution of the City Council. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Alameda that the City Council, by Resolution, hereby suspends meter fees in both the Webster Street and the Park Street Business Districts between 9:00 a.m. and 6:00 p.m. on November 27, December 4 and 11, 2004. Vehicles may not, however, occupy one space for more than three hours. After three hours, a vehicle may be ticketed. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to forward a certified copy of this Resolution to the West Alameda Business Association and the Park Street Business Association. * ** Resolution # 4 -H CC 11 -3 -04 I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the day of , 2004, by the following vote to wit: AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of said City this day of , 2004. Lara Weisiger, City Clerk City of Alameda CITY OF ALAMEDA Memorandum TO: Honorable Mayor and Councilmembers FROM: James M. Flint City Manager DATE: November 3, 2004 RE: Resolution amending the Management and Confidential Employees Association (MCEA) Salary Schedule by establishing a salary range for the position of Video Production Artist BACKGROUND The Memorandum of Understanding for the Management and Confidential Employees Association (MCEA) was adopted in 2002 and covers the period September 9, 2002 through December 31, 2004. DISCUSSION The Marketing and Customer Services Division of Alameda Power & Telecom (AP &T) requires a new classification to adequately meet the requirements of the department's business plan and telecommunications franchise agreement. This resolution establishes a salary range for the Video Production Artist classification, equivalent to that of the Management Analyst classification. BUDGET CONSIDERATION/FINANCIAL IMPACT The AP &T Enterprise Fund will pay the funds required to cover the recommended salary range of the Video Production Artist classification. Funding has been authorized by the Public Utilities Board for this position and there is no addition to total employees. There is no financial impact to the General Fund. RECOMMENDATION The City Manager recommends that the City Council, by motion, approve the amendment to the MCEA salary schedule. Respectfully submitte Karen Willis Human Resources Director "Dedicated to Excellence, Committed to Service" Re: Resolution #4 -I CC 1 1 -3-04 CITY OF ALAMEDA RESOLUTION NO. AMENDING THE MANAGEMENT AND CONFIDENTIAL EMPLOYEES ASSOCIATION (MCEA) SALARY SCHEDULE BY ESTABLISHING A SALARY RANGE FOR THE POSITION OF VIDEO PRODUCTION ARTIST BE IT RESOLVED by the Council of the City of Alameda that the salary resolution of Management and Confidential Employees Association (MCEA) is hereby amended by establishing the salary rates, salary ranges, salary steps and benefits for the position of Video Production Artist, designating those as applicable to this classification in the service of the City of Alameda. CITY OF ALAMEDA MANAGEMENT AND CONFIDENTIAL EMPLOYEES ASSOCIATION Effective November 14, 2004 *Indicates classification within thirty -seven and one -half (37 1/2) hour original work week. Resolution # 4 -I CC 11 -3 -04 BI- WEEKLY Code Classification Step Step Step Step Step EXEMPT 1 2 3 4 5 7320* Video Production Artist $2274 $2388 $2507 $2632 $2764 *Indicates classification within thirty -seven and one -half (37 1/2) hour original work week. Resolution # 4 -I CC 11 -3 -04 I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the day of , 2004, by the following vote to wit: AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of said City this day of , 2004. Lara Weisiger, City Clerk City of Alameda CITY OF ALAMEDA MEMORANDUM Date: October 19, 2004 To: Honorable Mayor and Councilmembers From: James M. Flint City Manager Re: Resolution Authorizing the City Manager to Submit a Grant Application to the State Board of Corrections, to Execute the Grant Agreement and to Provide Matching Funds for and to Use Such Funds for the Donald P. McCullum Youth Court Inc. Juvenile Offender Program for the Period of July 1, 2004 through June 30, 2005 BACKGROUND The McCullum Youth Court has provided an alternative way of holding first time juvenile offenders accountable for their actions. The program has been active in the City of Alameda for the past eight years. These services are paid for by a grant that as of this fiscal year is administered by the State Board of Corrections. DISCUSSION /ANALYSIS The McCullum Youth Court (MYC) represents a collaboration between the Alameda Police Department and the Alameda County District Attorney's Office. It is a student forum in Alameda County for the diversion of juvenile offenders that (1) helps troubled youth change negative patterns of behavior into more appropriate and productive ones; and (2) provides a meaningful volunteer opportunity for other youth, many of whom are low- income and "at- risk." MYC provides a faster more positive alternative to the standard referral of first time offenders to the Juvenile Probation Department. The intent is to try and insure they do not offend again. APD has been working with MYC for the past eight years. To date, 95% of the youth that have successfully completed their sentence imposed by MYC have not re- offended. To qualify for MYC the juvenile must be a first time offender and admit their responsibility. The sentences may include, but are not limited to: youth mediation, conflict resolution workshops, theft awareness training, anger 'Dedicated to Excefience, Committed to Service' Re: Resolution #4 -J CC 11 -3 -04 Honorable Mayor and October 19, 2004 Councilmembers Page 2 of 2 management, youth court jury duty, gender specific support programs, drug and alcohol counseling, community service, essays, letters of apology to the victim and restitution. Each case is reviewed for MYC suitability and a pre- hearing is held between the youth, parents and a trained case manager to determine if a hearing is the most appropriate action. If the young person successfully completes the MYC sentence, he or she does not have a criminal record. If they do not complete the MYC sentence, the case is remanded to the District Attorney's office for prosecution. FINANCIAL IMPACT The grant request is $13,958. Fiscal impact to the City of Alameda is $1,551 in matching funds, which is drawn from the Police Department operations budget salary savings. The total amount of the grant is $15,509. RECOMMENDATION The City Manager recommends adoption of the resolution authorizing the City Manager to submit a grant application to the State Board of Corrections, to execute the grant agreement and to provide matching funds for and to use such funds for the Donald P. McCullum Youth Court Inc. Juvenile Offender Program for the period of July 1, 2004 through June 30, 2005. JMF /BEM /JMW:fI Respectfully submitted, James M. Flint City M nager By: Burnham . Matt Chief of Police 'Dedicated to Excellence, Committed to Service' CITY OF ALAMEDA RESOLUTION NO. AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION TO THE STATE BOARD OF CORRECTIONS, TO EXECUTE THE GRANT AGREEMENT AND TO PROVIDE MATCHING FUNDS FOR AND TO USE SUCH FUNDS FOR THE DONALD P. MCCULLUM YOUTH COURT INC. JUVENILE OFFENDER PROGRAM FOR THE PERIOD OF JULY 1, 2004 THROUGH JUNE 30, 2005 WHEREAS, the State Board of Corrections will provide funding to continue a Youth Court Project, a forum for the Diversion of Juvenile Offenders; and WHEREAS, the Donald P. McCullum Youth Court Inc. has been chosen to subcontract the project because for the last eight (8) years they have operated a successful juvenile accountability program where first time offenders are held accountable for criminal offenses committed in the community. NOW, THEREFORE, THE CITY OF ALAMEDA CITY COUNCIL DOES HEREBY RESOLVE that the City Manager is authorized to apply for and execute a grant agreement, and any amendments thereto, to promote greater accountability of juveniles in the justice system in the amount of $13,958 with the State Board of Corrections for the period of July 1, 2004 through June 30, 2005. BE IT FURTHER RESOLVED THAT the City Manager is authorized to execute a contract and any amendments with Donald P. McCullum Youth Court Inc. in the amount of $13,958 to provide direct program services and promote greater accountability of juveniles for the period July 1, 2004 through June 30, 2005 BE IT FURTHER RESOLVED THAT matching funds in the amount of $1,551 for the grant with the State Board of Corrections are hereby authorized. Resolution # 4 -J CC 11 -3 -04 I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the day of , 2004, by the following vote to wit: AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of said City this day of , 2004. Lara Weisiger, City Clerk City of Alameda Honorable Mayor and Councilmembers: October 28, 2004 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 Amount 129618 - 130131 Void Checks: 2,818,807.43 129175 (8,160.13) 129513 (101.20) 130077 (8,440.00) ' GRAND TOTAL Allowed in open session: Date: City Clerk Approved for payment: Date: Finance Director Council Warrants 11/02/04 Respectfully submitted, Pamela J. Sibl 2,802,106.10 BILLS #4 -K 11/02/04 0 (24 0. _. '4i 1 E4 k m 0 \A 4Q CITY OF ALAMEDA RESOLUTION NO. APPOINTING EDWARD R. DEPENBROCK AS A MEMBER OF THE HOUSING AND BUILDING CODE HEARING AND APPEALS BOARD BE IT RESOLVED by the Council of the City of Alameda that pursuant to Section 2 -16.4 of the Alameda Municipal Code, and upon nomination of the Mayor, EDWARD R. DEPENBROCK is hereby appointed to the office of member of the City Housing and Building Code Hearing and Appeals Board of the City of Alameda for a partial term commencing November 3, 2004 and expiring on June 30, 2006, 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 a regular meeting assembled on the day of , 2004, by the following vote to wit: AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of said City this day of , 2004. Lara Weisiger, City Clerk City of Alameda Resolution #5 -A 11 -3 -04 CITY OF ALAMEDA RESOLUTION NO. APPOINTING FRANKLIN T. RASH AS A MEMBER OF THE CITY HOUSING COMMISSION (TENANT SEAT) BE IT RESOLVED, by the Council of the City of Alameda that pursuant to the provisions of Subsection 2 -12.2 of the Alameda Municipal Code, and upon nomination of the Mayor, FRANKLIN T. RASH is hereby appointed to the office of Tenant Seat member of the Housing Commission of the City of Alameda for the term commencing on November 3, 2004, and expiring on June 30, 2006, and to serve until his successor is appointed and qualified. * * * ** 49 04 I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly "' = adopted and passed by the Council of the City of Alameda in regular meeting assembled on the day of , 2004, by the following vote to wit: a,U 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 -B 11 -3 -04 CITY OF ALAMEDA MEMORANDUM October 20, 2004 TO: Honorable Mayor and Councilmembers FROM: James M. Flint City Manager RE: Recommendation to Approve Language of the Plaque to be Placed in the Former Officers' Club Honoring Former Acting Mayor Al DeWitt. Background In January 2004, Council received a request from Ms. Mosetta Rose London to rename the Alameda Point Officers' Club in honor of the late Acting Mayor Albert H. "Al" DeWitt. Mrs. London explained that the location holds significant sentimental value for the DeWitt family having served as the location of former Acting Mayor DeWitt's retirement party as well as a number of personal and professional events over the years. Since the Recreation and Park Commission is responsible for naming or renaming the City's recreational facilities the item was forwarded to them for their approval. The request was placed on the Recreation and Park Commission agenda for review during their meeting of June 10, 2004. It was the Commission's opinion that former Acting Mayor DeWitt clearly met the guidelines required to have a City facility named in his honor. The request to rename the site the Albert H. DeWitt Officers' Club was unanimously approved and was forwarded to the Council for final approval. The item was then placed on the Council agenda for review during their meeting of July 6, 2004. The Council unanimously approved renaming the facility in honor of the Former Acting Mayor Al DeWitt. Discussion /Analysis Staff then began to work with the DeWitt family and friends to develop the wording to appear on the plaque. The language was then forwarded to Virginia DeWitt for final approval. A sample of the wording is attached for your review. The plaque is anticipated to be approximately 15 x 18 inches and will include a photo image. The exact dimensions may vary slightly during the manufacturing process. A sample of a similar plaque will be available for your review during the Council Meeting on November 3. The piece will then be placed in the lobby of the facility and be unveiled during a ceremony and reception at a later date. "Dedicated to Excellence, Committed to Service" Report #5 -C 11 -3 -04 Honorable Mayor and Page -2- Councilmembers Budget Consideration /Financial Impact Placement of the plaque renaming the Alameda Point Officers' Club in honor of the former Acting Mayor Al DeWitt would result in no impact to the City's General Fund. The costs incurred will be covered through revenues generated at the site. It should also be noted that the Queen's Club (a group of former military personnel) has generously offered to sponsor acquisition of the plaque. Recommendation The City Manager recommends that Council review and approve the wording of the plaque to be placed in the former Alameda Point Officers' Club renaming the facility in honor of former Acting Mayor Albert H. "Al" DeWitt. Respectfully submitted, James M. Flint City Manager By: JMF:DL:bf cc: Recreation and Park Commission Dal b Lillard, Recreation Services ' anager Alameda Recreation & Parks "Dedicated to Excellence, Committed to Service" In Memory of 4(6e'!it ° °,4r dl. ?, G) V 0 N cis' o y " ,��=, Oz �Q0 ° p Z 'N. cd 4 cd P +� V c� EEC �� �'o tin O — E .� Po NV.. c/5 y v� tt) cc � � O ' V 0 H � cn .� V O c� V cn V � Q .. ci) N y `, � +� O . p .- tin co cn b GU CO 0 .0 U , Cr) C .,-i a i■ i ''Ci).1 coE . EN -aZ = Z 4 cn N. V c� N V w co V 4 .4..d 7.0 78.4.,_ —0,,,i) 1 70.5 .c.).> „0 wt.) E ,...+, ct 2 N... .,, 17,.. ›1 E 3'rn c“V �— �� p ct Ezoz°' CO � 3� CO 3 z o �,- ,cN �n °tea 4 4 4 •c2 •■u i _ C > U l) CU C› via) cn ct 0 0 James M. Flint, City Manager Dedicated November , 2004 City of Alameda Memorandum DATE: October 25, 2004 TO: Honorable Mayor and Councilmembers FROM: James M. Flint City Manager RE: Request for Continuance - Public hearing to consider an Appeal of the Planning Board's denial of Variances, VO4 -0006, 0007, 0008 and 0010, and denial of Major Design Review, DR04 -0026 for all development projects at 3017 Marina Drive. The development projects also include the expansion of the residence into the estuary and installation of rear yard decks. Approval is being sought for the following Variances: 1) Variance to AMC, Subsection 30- 4.1(d)(3)(Maximum Main Building Coverage exceeding 48 percent; 2) Variance to AMC, Subsection 30- 4.1(d)(7) and Section 30 -2 (Rear Yard) because the building extends across the rear property line into the estuary; 3) Variance to AMC, Subsection 30- 5.7(a)(Roof Eaves) and 30- 5.7(d)(Bay Windows) because the roof eaves above the bay windows encroach to within 3 -feet from the side property line and bay windows are not permitted to encroach into side yards; 4) Variance to AMC, Subsection 30- 5.7(c)(1)(Rear Yard) /Subsection 30- 2(definitions)(Yard -Rear) and Subsection 30- 4.1(d)(7)(Rear Yard) because decks over 36- inches in height extend into the required side and rear yard setbacks; 5) Variance to AMC, Subsection 30- 5.14(c)(Barrier Heights) because the wind- screens around the patios exceed the maximum permitted 8 -foot height. The Planning Board also found that Variance for the Bay window encroachment be withdrawn because this encroachment is currently in compliance, subject to Design Review approval. The site is located within an R -1, Single - Family Residential Zoning District. Appellant/Property Owner: Rita Mohlen of 3017 Marina Drive. BACKGROUND The appellant and City staff are both requesting a continuance of this public hearing to November 16, 2004. The continuance is requested to allow City staff additional time to arrange for a field trip by boat of this property and possibly other properties along the estuary waterfront. DISCUSSION/ ANALYSIS The City Manager finds that a continuance is appropriate because the additional time is necessary to continue to review this project prior to conducting the public hearing. Dedicated to Excellence, Committed to Servic6 Re: Public Hearing and Resolution #5 -D 11 -3 -04 Honorable Mayor and Councilmembers BUDGET CONSIDERATIONS/ FISCAL IMPACT October 25, 2004 Page 2 There will be no additional funding required in the Planning & Building Department budget relating to Planning activities for this project. Application fees and processing costs are the responsibility of the applicant. RECOMMENDATION The City Manager recommends that the City Council open the public hearing, acknowledge the request for continuance, and then, by motion, continue the public hearing to the meeting of November 16, 2004. By: Respectfully s b Grego L. Fuz P1a ng & Building Director 111111° 7 Je • y ;Cormack opment Review Manager cc: Rita Molhen, Property Owner /Applicant /Appellant Andrew Stoddard, 3011 Marina Drive, Alameda, CA 94501 John Piziali, Planning Board President Italo A. Calpestri III Laurence Padway Gene Lafollette Greg Fox BCDC Army Corps of Engineers Greg McFann G:\ PLANNING \CC \REPORTS\2004k1 VO4- 0006,07,08,09, 10mntinue. d.doc Dedicated to Excellence, Committed to Service City of Alameda Date: To: Memorandum October 20, 2004 Honorable Mayor and Councilmembers From: Re: James M. Flint City Manager Public Hearing to Consider Revisions to Chapter XXX, Sections 30- 4.2(d)(9), 30- 4.3(d)(10), 30- 4.4(d)(10), 30- 4.5(d)(10), 30- 4.6(d)(10) and 30 -5.12 of the Alameda Municipal Code (AMC), more Commonly Referred to as the Zoning Ordinance, regulating Open Space; Schedule of Required Residential Open Space and Usable Open Space Requirements. BACKGROUND During review and adoption of revisions to the Development Code earlier this year (effective date May 06, 2004) the City Council determined that more discussion was necessary on the portion related to Open Space Requirements. While the City Council agreed that the open space regulations should be streamlined and reorganized as recommended by staff and the Planning Board, there was not consensus on the City Council to redefine open space to include new minimum landscape requirements and revise the specific amounts of open space required on residential properties as recommended in the draft ordinance. Council Member Kerr chaired a Committee to review Sections 30- 4.2(d)(9), 30- 4.3(d)(10), 30- 4.4(d)(10), 30- 4.5(d)(10), 30- 4.6(d)(10) and 30 -5.12 of the AMC to simplify and clarify the regulations in the code within the parameters of maintaining the current amount of open space required on residential properties. The Committee members were Don Patterson, Doug DeHaan and Kathy Lautz. Judith Altschuler and Jerry Cormack provided staff assistance. DISCUSSION /ANALYSIS The Open Space Committee concluded their review and recommendation with the following report: "The Committee took seriously the Council mandate to clarify the language, but not to change the results. Our goal was to provide a platform of clear language which would allow complete understanding of the consequences of any future proposed changes. The existing language is something of a hodge podge which has resulted from piecemeal tweaking of conflicting and ambiguous verbiage over many years. This condition has led to attempts several times to rewrite it and include new policy which was not necessarily immediately apparent to members of the Planning Board and the City Council due to the Dedicated to Excellence, Committed to Service Re: Public Hearing and Introduction of Ordinance #5 -E 1 1 -3-04 Honorable Mayor and Councilmembers Page 2 October 20, 2004 lack of organization in the existing code. Fortunately, those attempts have not been passed. The Committee did consider adding a new section to 30 -5.12 which would have allowed interior courts completely enclosed by one dwelling unit to be considered as private open space. However, in the spirit of not inserting any new policy, we have not included it in the attachment." The Open Space Committee has provided clarified language of the current open space requirements which does not change the required amount of Open Space for new residential development in the residential districts; the Planning Board previously recommended extensive changes to the way open space is developed and the amount of open space which would need to be provided for new residential development. However, the Council did not act on the Board's recommendations. The Committee's recommendations can be found in the draft Ordinance included in this packet. Should the Council wish to adopt the Committee's recommendations, an action for first reading of the draft Ordinance, included in this packet, would be necessary. If the Council wishes to reconsider the Planning Board's recommendations or another alternative, staff would incorporate that language into the next phase of code amendments to be reviewed by the Council at a later date. BUDGET CONSIDERATION/FINANCIAL IMPACT There will be no direct impact to the Planning & Building Department Budget. The draft code amendment regulating open space should result in a more streamlined development review process which may result in cost savings to the customer and/or property owner. RECOMMENDATION The City Manager recommends that the City Council open the hearing, review the recommendation of the Open Space Committee and then either conduct the first reading of the draft Open Space Ordinance included in this packet or provide direction regarding incorporating the Planning Board's previous recommendations into the next phase of code amendments that will be brought forward for City Council review at a later date. By: Respectfully submitted, Gregory Fuz Planning and Building Director Judith Altschuler Supervising Planner Dedicated to Excellence, Committed to Service Honorable Mayor and Councilmembers Page 3 October 20, 2004 Cc: Planning Board Alameda Architectural Preservation Society Board of Realtors G :\PLANNING\ZOU\101904CCReport.doc Dedicated to Excellence, Committed to Service City of Alameda California Open Space Requirements Agenda Item 5-E City Council Meeting November 3, 2004 October 26, 2004 The sections of the current development code dealing with open space requirements* in residential zoning districts contains contradictions and ambiguity. It is also subject to subjective interpretation. It is so faulty that when changes to it were proposed by the Planning Staff in the spring of 2004, they had to draw pictures of specific examples. No code should be so badly worded that pictures are required. No changes should be suggested which only show a minimum exposition which leaves out all of the consequences of the examples not shown. In May of 2004 the Council approved the formation of a committee to rewrite the open space provisions of the development code into clear language which would preserve the intent of the present ordinances. The committee was chaired by Councilmember Barbara Kerr and was fortunate to have as its members: Don Patterson the long time former Planning Director of the City of Alameda, Doug deHaan, the Chair of the Economic Development Commission , and Kathy Lautz, the Editor of the Apartment Owners' Magazine. The Committee succeeded in completing the task which had been assigned by the City Council. The existing code has been rearranged for purposes of clarification: 1.) Usable Open Space , not defined in the present code, is now defined to be made up of common open space and private open space. 2.) Specific numbers for each zoning district has been put into the code for that district as shown on Page 1 of Attachment A. Searches throughout the development code are not necessary to find them. 3.) Repetitive statements in 30 -5.12 have been moved so that they only appear once as shown on the second page of the Attachment A. 4.) The provisions which apply to private open space and common open space have been clarified and separated in the version of 30 -5.12 on page 2 of Attachment A. It is recommended that the sections of the Development Code which appear in Attachment A be adopted as an ordinance. This action will provide a clean legal platform so that the effect of any suggested changes in the future will be clearly understood by the public, the members of the Planning Board and the members of City Council. *30- 4.2(d)(9), 30- 4.3(d)(10), 30- 4.4(d)(10), 30- 4.5(d)(10), 30- 4.6(d)(10), 30 -5.12 Barbara Kerr, Councilmember Office of the City Council 2263 Santa Clara Avenue, Room 320. 94501 510.747.4728. 510.747.4805 Fax . TDD 510.522.7538 510.522.0126 Home . 510.749.9810 Home Fax Re: Report #5 -E 1 1 -3-04 Presented by Barbara Kerr Attachment A Page 1 USABLE OPEN SPACE REQUIREMENTS FOR R -2 THROUGH R -6 3.0- 4.2(d)(9) Usable open space is comprised of private open space and common open space as defined in 30 -5.12. The following are the minimum open space requirements: 600 square feet of usable open space per dwelling unit with a minimum of 120 square feet of private open space per ground level dwelling unit; with a minimum of 60 square feet of private open space per non - ground level dwelling unit; with a minimum of 150 square feet of common open space per dwelling unit. There shall be not less than 300 square feet of common open space per lot. 30- 4.3(d)(10) Usable open space is comprised of private open space and common open space as defined in 30 -5.12. The following are the minimum open space requirements: 500 square feet of usable open space per dwelling unit with a minimum of 120 square feet of private open space per ground level dwelling unit; with a minimum of 60 square feet of private open space per non - ground level dwelling unit; with a minimum of 120 square feet of common open space per dwelling unit. There shall_ be not less than 300 square feet of common open space per lot. 30- 4.4(d)(10) Usable open space is comprised of private open space and common open space as defined in 30 -5:12. The following are the minimum open space requirements: 400 square feet of usable open space per dwelling unit with a minimum of 120 square feet of private open space per ground level dwelling unit; with a minimum of 60 square feet of private open space per non - ground level dwelling unit; with a minimum of 90 square feet of common open space per dwelling unit. There shall be not less than 300 square feet of common open space per lot. 30- 4.5(d)(10) Usable open space is comprised of private open space and common open space as defined in 30 -5.12. The following are the minimum open space requirements: 200 square feet of usable open space per dwelling unit with a minimum of 120 square feet of private open space per ground level dwelling unit; with a minimum of 60 square feet of private open space per non-ground level dwelling unit; with a minimum of 60 square feet of common open space per dwelling unit. There shall be not less than 300 square feet of common open space per lot. 30- 4.6(d)(10) Usable open space is comprised of private open space and common open space as defined in 30 -5.12. The following are the minimum open space requirements: 120 square feet of usable open space per dwelling unit with a minimum of 120 square feet of private open space per ground level dwelling unit; with a minimum of 60 square feet of private open space per non - ground level dwelling unit; with a minimum of 30 square feet of common open space per dwelling unit. There shall be not less than 300 square feet of common open space per lot. Attachment A Page 2 30 -5.12 Definition of Required Residential Open Space Usable Open Space will be comprised of Private Open Space and Common Open Space. Usable Open Space is that area of a building site which is landscaped or otherwise developed and maintained for recreation or outdoor living by the occupants. Usable Open Space will not include yards or other areas having a width of less than eight (8) feet, required front yards, or areas devoted to automobile access or storage. The following areas shall constitute Usable Open Space as required by sections 30-4:2 (d) (9), 30 -4.3 (d) (10), 30-4.4 (d) (10), 30-4.5 (d) (10). 30- 4.6 (d) (10) (a) PRIVATE OPEN SPACE Private Open Space shall be accessible from only one unit. Private Open Space shall not be within five (5) feet of a side lot line or ten (10) feet of a rear lot line. Private Open Space must be open on 2/3 of its perimeter except for a fence with a height of three (3) feet facing the front yard or six (6) feet elsewhere. The following will qualify as Private Open Space. (1) Balcony with an area of at least 60 sq feet with a minimum horizontal dimension of five (5) feet. (2) Porch, patio, court on ground level with a minimum area of at least 120 Square feet, and a minimum horizontal dimension of ten (10) feet. (3) Roof Deck with an area of not less than one hundred twenty (120) square feet and a minimum horizontal dimension of ten feet. (4) Enclosed areas or structures which are accessory to Usable Open Space as herein defined, (b) COMMON OPEN SPACE Porch, patio, court or other outdoor living area which has common access from more than one dwelling unit which has a minimum area of three hundred square feet and a minimum horizontal dimension of fifteen (15) feet. CITY OF ALAMEDA ORDINANCE NO. New Series AMENDING ALAMEDA MUNICIPAL CODE BY REPEALING SUBSECTION 30- 4.2(d)(9), (R -2, TWO - FAMILY RESIDENCE DISTRICT, MINIMUM HEIGHT, BULK AND SPACE REQUIREMENTS) , SUBSECTION 30- 4.3(d)(10), (R -3, GARDEN RESIDENTIAL DISTRICT, MINIMUM HEIGHT, BULK AND SPACE REQUIREMENTS), SUBSECTION 30- 4.4(d)(10), (NEIGHBORHOOD RESIDENTIAL DISTRICT, MINIMUM HEIGHT, BULK AND SPACE REQUIREMENTS), 30- 4.5(d)(10), (GENERAL RESIDENTIAL DISTRICT, MINIMUM HEIGHT, BULK AND SPACE REQUIREMENTS), SUBSECTION 30- 4.6(d)(10), (HOTEL RESIDENTIAL DISTRICT, MINIMUM HEIGHT, BULK AND SPACE REQUIREMENTS), AND SECTION . 30 -5.12 (OPEN SPACE; SCHEDULE OF REQUIRED RESIDENTIAL OPEN SPACE) IN THEIR ENTIRETY, AND ADDING NEW SUBSECTION 30- 4.2(d)(9), (R -2, TWO - FAMILY RESIDENCE DISTRICT, MINIMUM HEIGHT, BULK AND SPACE REQUIREMENTS) , SUBSECTION 30- 4.3(d)(10), (R -3, GARDEN RESIDENTIAL DISTRICT, MINIMUM HEIGHT, BULK AND SPACE REQUIREMENTS), SUBSECTION 30- 4.4(d)(10), (NEIGHBORHOOD RESIDENTIAL DISTRICT, MINIMUM HEIGHT, BULK AND SPACE REQUIREMENTS), 30- 4.5(d)(10), (GENERAL RESIDENTIAL DISTRICT, MINIMUM HEIGHT, BULK AND SPACE REQUIREMENTS), SUBSECTION 30- 4.6(d)(10), (HOTEL RESIDENTIAL DISTRICT, MINIMUM HEIGHT, BULK AND SPACE REQUIREMENTS), AND SECTION 30 -5.12 (DEFINITION OF REQUIRED RESIDENTIAL OPEN SPACE) OF CHAPTER XXX (DEVELOPMENT REGULATIONS) BE IT ORDAINED by the Council of the City of Alameda that: Section 1. The Alameda Municipal Code is hereby amended by repealing Subsection 30- 4.2(d)(9) (R -2, Two - family Residence District, minimum height, bulk and space requirements) of Article 1 (Zoning District Regulations) of Chapter XXX (Development Zoning Districts and Regulations) and adding new Subsection 30- 4.2(d)(9) (R -2, Two - family Residence District, minimum height, bulk and space requirements) to read as follows: 30- 4.2(d)(9) Usable Open Space Requirements Usable open space is comprised of private open space and common open space as defined in 30 -5.12. The following are the minimum open space requirements: 600 square feet of usable open space per dwelling unit with a minimum of 120 square feet of private open space per ground level dwelling unit; with a minimum of 60 square feet of private Introduction of Ordinance #5 -E 11 -3 -04 open space per non - ground level dwelling unit; with a minimum of 150 square feet of common open space per dwelling unit. There shall be not less than 300 square feet of common open space per lot. Section 2. The Alameda Municipal Code is hereby amended by repealing Subsection Section 30- 4.3(d)(10) (R -3, Garden Residence District, minimum height, bulk and space requirements) of Article 1 (Zoning District Regulations) of Chapter XXX (Development Zoning Districts and Regulations) and adding new Subsection Section 30- 4.3(d)(10) (R -3, Garden Residence District, minimum height, bulk and space requirements) to read as follows: 30- 4.3(d)(10) Usable Open Space Requirements Usable open space is comprised of private open space and common open space as defined in 30 -5.12. The following are the minimum open space requirements: 500 square feet of usable open space per dwelling unit with a minimum of 120 square feet of private open space per ground level dwelling unit; with a minimum of 60 square feet of private open space per non - ground level dwelling unit; with a minimum of 120 square feet of common open space per dwelling unit. There shall be not less than 300 square feet of common open space per lot. Section 3. The Alameda Municipal Code is hereby amended by repealing Subsection 30- 4.4(d)(10) (R -4, Neighborhood Residence District, minimum height, bulk and space requirements) of Chapter XXX (Development Zoning Districts and Regulations) and adding new Subsection 30- 4.4(d)(10) (R -4, Neighborhood Residence District, minimum height, bulk and space requirements) to read as follows: 30- 4.4(d)(10) Usable Open Space Requirements Usable open space is comprised of private open space and common open space as defined in 30 -5.12. The following are the minimum open space requirements: 400 square feet of usable open space per dwelling unit with a minimum of 120 square feet of private open space per ground level dwelling unit; with a minimum of 60 square feet of private open space per non - ground level dwelling unit; with a minimum of 90 square feet of common open space per dwelling unit. There shall be not less than 300 square feet of common open space per lot. Section 4. The Alameda Municipal Code is hereby amended by repealing Subsection30- 4.5(d)(10) (R -5, General Residence District, minimum height, bulk and space requirements) of Chapter XXX (Development Zoning Districts and Regulations) and adding new Subsection 30- 4.5(d)(10) (R -5, General Residence District, minimum height, bulk and space requirements) to read as follows: 30- 4.5(d)(10) Usable Open Space Requirements Usable open space is comprised of private open space and common open space as defined in 30 -5.12. The following are the minimum open space requirements: 200 square feet of usable open space per dwelling unit with a minimum of 120 square feet of private open space per ground level dwelling unit; with a minimum of 60 square feet of private open space per non - ground level dwelling unit; with a minimum of 60 square feet of common open space per dwelling unit. There shall be not less than 300 square feet of common open space per lot. Section 5. The Alameda Municipal Code is hereby amended by repealing Subsection30- 4.6(d)(10) (R -6, Hotel Residence District, minimum height, bulk and space requirements)) of Chapter XXX (Development Zoning Districts and Regulations) and adding new Subsection 30- 4.6(d)(10) (R -6, Hotel Residence District, minimum height, bulk and space requirements) to read as follows: 30- 4.6(d)(10) Usable Open Space Requirements Usable open space is comprised of private open space and common open space as defined in 30 -5.12. The following are the minimum open space requirements: 120 square feet of usable open space per dwelling unit with a minimum of 120 square feet of private open space per ground level dwelling unit; with a minimum of 60 square feet of private open space per non - ground level dwelling unit; with a minimum of 30 square feet of common open space per dwelling unit. There shall be not less than 300 square feet of common open space per lot. Section 6. The Alameda Municipal Code is hereby amended by repealing Section 30 -5.12 (Open Space) of Article 1 (Zoning District Regulations) of Chapter XXX (Development Zoning Districts and Regulations) in its entirety and adding Section 30 -5.12 (Definition of Required Open Space) of Article 1 (Zoning District Regulations) of Chapter XXX (Development Zoning Districts and Regulations). Usable open space is that area of a building site which is landscaped or otherwise developed and maintained for recreation or outdoor living by the occupants. Usable Open Space shall not include yards or other areas having a width of less than eight (8') feet, unless otherwise specified, or areas devoted to automobile access or storage. The following areas shall constitute usable open space as required by subsections 30- 4.2d.9., 30- 4.3d., 30- 4.4d.10., 30- 4.5d.10., and 30- 4.6d.10. (a) Common Open Space Porch, patio, court, or other outdoor living area, which has common access from more than one (1) dwelling unit, which has a minimum area of three hundred (300) square feet, and a minimum horizontal dimension of fifteen (15') feet. Common Open Space may include structures defined as patio covers in Section 30 -2 (Definitions) provided that they are accessory to Common Open Space as herein defined. Required Front Yard areas shall not be considered as Common Open Space. (b) Private Open Space Private Open Space shall be accessible from only one unit. Private Open Space shall not be within five (5) feet of a side lot line or ten (10) feet of a rear lot line. Private Open Space in the required front yard may not extend more than one -half (1/2) the depth of the required front yard nor across more than one -half (1/2) the frontage of the building. Any Private Open Space developed in the required front yard shall be enclosed by a perimeter barrier not to exceed three (3) feet in height, or four (4) feet in height if the barrier material compliant with Subsection 30- 5.14(b)(8) (Barriers and Fences, Definitions, See - Through Style). The following may qualify as Private Open Space: 1. Private balcony attached to a dwelling unit with an area of at least sixty (60) square feet with a minimum horizontal dimension of five (5) feet, provided such balcony is unenclosed on at least two- thirds (2/3) of its perimeter except for required railings. A balcony which is used for access to a dwelling unit does not qualify for Private Open Space. 2. Porch, deck, patio, or court on ground level with a minimum area of one hundred twenty (120) square feet and a minimum horizontal dimension of ten (10) feet, is unenclosed on at least two- thirds (2/3) of its perimeter, except for barriers compliant with Section 30 -5.14 (Barriers and Fences). 3. Roof deck with an area of not less than one hundred twenty (120) square feet, and a minimum horizontal dimension of ten (10) feet. Any such roof deck shall have a six (6) foot high wall or screen on at least two- thirds (2/3) of its perimeter, located to provide protection against wind. Section 7. This Ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage. Presiding Officer of the Council Attest: Lara Weisiger, City Clerk City of Alameda I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by Council of the City of Alameda in regular meeting assembled on the day of , 2004, by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this day of , 2004. Lara Weisiger, City Clerk City of Alameda CITY OF ALAMEDA Memorandum TO: Honorable Mayor and Councilmembers FROM: James M. Flint City Manager DATE: October 27, 2004 RE: Review and Selection of Value Engineering Alternatives for the Alameda Main Library Project and Identification of Potential Funding Sources Background The July 2004 bid from S.J. Amoroso (SJA) to build the new Main Library was $4.6 million over the architect's construction cost estimate. In an effort to reduce the cost of constructing the building, value engineering alternatives in the amount of approximately $5 million were prepared by the Project Manager, Contractor and Architect'. On October 7 these options were ranked by the Library Building Team. A copy of the LBT's recommendations is included with this memo as Attachment A. Briefly, the LBT recommends implementing approximately $3.76 million of the VE alternatives, (i.e., deleting the identified features), and not implementing approximately $1.24 million, (i. e., maintaining the identified features). The $1.24 million in "saved" items maintain the building's aesthetic properties, and also restore the access flooring system, which will make the building far more functional into the future. The Library Board reviewed the LBT recommendations in detail on October 13. The Board was extremely pleased with the LBT recommendations. They strongly support the LBT's recommendation of maintaining the aesthetic properties of the new Library, and also maintaining all square footage and functionality. A letter from Library Board President Leslie Krongold, urging the Council to support the recommendations, is included as Attachment B. Discussion/Analysis The full $5 million list of VE options includes nothing that would affect the square footage or function of the new Main Library, but some options would affect the building's aesthetics. If the Council accepts the Library Building Team rankings and the Library ' The values shown in Attachment A are estimates. The actual values are being finalized by SJA and will be distributed to you during, or possibly prior to, the November 3 Council meeting. Please also note that elimination of the parking garage is one of the VE options selected and will save $676,000. However, our ability to implement this change depends on the State's approval of our revised parking plan, which is pending. Dedicated to Excellence, Committed to Service Report #5 -F 1 1 -3-04 Honorable Mayor and Councilmembers Page 2 October 27, 2004 Board recommendations as proposed, or some modification of that proposal, it will be necessary to consider appropriating additional funding for the project. Budget Consideration/Financial Impact Several factors will impact the finances of this project: • As shown in Attachment A, the Library Board and the Library Building Team are recommending that most of the value engineering options be implemented, but that several specific aesthetic or functional features be retained. Depending on which options are selected by Council, and the final design/finishes selected, there will be an impact on the budget. • Materials cost escalation will to some extent increase the construction cost. SJA held their bid price until October 21. By the time the drawings are revised, approved by the State, and a contract is signed, the ultimate price will be influenced by the amount of construction cost escalation since October 21. In addition, the City may have to pay some architectural redesign costs to implement the selected VE options. Finally, it is extremely important that a prudent project contingency of 20% be included. Assuming an $18.5 million construction cost, the contingency should be increased from the current $745,000 to $3.7 million. As the project progresses and costs become clearer, unused contingency can be returned to the funds from which it was allocated in whatever priority the Council determines. Please refer to Attachment C, Sources and Uses of Funds, for additional detail. Staff have identified the following potential sources of funding to supplement the Main Library construction budget. 1. Additional Measure 0 ($1,500,000) The budget for Measure 0 was prepared so that it would cover the local 35% match for the new Main Library and also to provide improvements to the branch libraries. Neither the precise nature of the branch improvements nor their cost were ever specified. If the cost of the Main Library project is kept within its $23 million budget, then approximately $1.5 million will remain for branch improvements. The November, 2000 ballot question was: "In order to improve library facilities, shall the City of Alameda issue general obligation bonds not to exceed $10,600,000, subject to matching funds being obtained to fund at least 60% of the construction costs, to acquire, construct and /or improve the main library, the West End and Bay Farm branch libraries, including providing adequate space for children, improving disabled accessibility and providing access to technology?" The Council Resolution of Necessity, #13251, dated July 5, 2000 is included as Attachment D, and reads: Dedicated to Excellence, Committed to Service Honorable Mayor and Councilmembers Page 3 October 27, 2004 "WHEREAS, the City intends to issue general obligation bonds (the "Bonds')...to finance the acquisition and development of the main library, and the renovation and improvement to the West End Branch Library and the Bay Farm Branch Library in order to provide adequate space for library services, including increased space for library collections, meeting room space, and increased space for reading, studying and children's programs, and to provide for improved access for persons with disabilities and access to technology (the "Improvements'), which Improvements constitute a single purpose under Section 43606 of the California Government Code..." 2. Stafford Bequest ($745,297) In December, 2001, the Library received an unrestricted bequest from the estate of Regina K. Stafford; the amount received was approximately $650,000. As of June, 2004, the balance has grown to $745,000. This bequest is being held in Library Construction Fund 317 to be used for the benefit of the Main Library or branch projects. The Library Board and Library Building Team are hopeful that Mrs. Stafford's gift will be recognized by naming of a facility or space in the new Library. 3. Open Space Fund ($998,415) On October 7, 2003, City Council approved an Ordinance to permit the sale of three parcels of land to Harbor Bay Storage for a purchase price of $1,055,000. At that time, by motion, the Council directed that the proceeds of the sale be deposited into a separate fund whose use would be determined by Council at a later time. On November 4, 2003, the City Council authorized the City Manager to submit Proposition 40 grant application for a proposed Estuary Park. On December 2, 2003, the City Council established the Open Space Acquisition Fund, and identified $1,000,000 as a potential source of City Match toward the grant application for Estuary Park. The City did apply for the Estuary Park grant, pledging $1,000,000 as local match. We will learn later this fall whether our application has been successful. If the application is successful, then no funding would be available to supplement the Library project budget. If it is not successful, then up to $998,415 could be available to supplement the budget. 4. Redevelopment Funds ($1,000,000) The 2004 Merged Area Bond contained approximately $4 million for unallocated projects, distributed between taxable and tax - exempt funds. Public facilities such as libraries can be constructed with these resources if desired. Redevelopment Law has strict prohibitions against use of these dollars for operations and maintenance. It was anticipated that some portion of these dollars would be reserved as construction contingency for the many public works projects under development, i.e., the Park and Webster Streetscape, the potential Historic Alameda Theatre rehabilitation and the Downtown Public Parking garage. With contingency reserve and considering the termination of the Ron Goode transaction, some of those bond resources could be used for the Library. Development Services Department staff does not recommend utilizing more than $1 million at this time, as the Park Street Streetscape estimates have recently exceeded the project budget, and several other projects are now programmed for Dedicated to Excellence, Committed to Service Honorable Mayor and Councilmembers Page 4 October 27, 2004 implementation, necessitating contingency planning. In addition, these unallocated dollars have been eyed seriously by the Webster Street Business Association (WABA) for support of a retail Catalyst project. Recommendation If the Council wishes to implement the Library Board and Library Building Team recommendations, and ensure an adequate contingency, the City Manager recommends that $4.2 million in supplemental funding be added to this project. Attachments Respectfully submitted, James M. Flint City Manager By: Robert Haun Project Manager Dedicated to Excellence, Committed to Service October 11, 2004 Value Engineering Alternatives are listed from high desirability (to be retained) to low desirability (to be deleted) 9NDINVII \ \ . . . . . ernative 'alue 1 / A . ated CHl ITEM DESCRIPTION .. .- -6-- rpFfY afk rr�_ E x Character defimng.elements'and /or prov►ding�long term} flexiity Delete small barrel vaults (Oak St. elevation) and replace with flat roof. Simplify framing at small barrel vaults. Delete large barrel vaults (Lincoln Ave. Elv.) and replace with flat roof and shed skylights. Simplify framing at large barrel vaults including deleting curved skylights. Replace veneer brick with 8X8 Endicott tile applied to concrete structure. Retain full brick veneer. Delete (flatten) second floor bay windows on Lincoln Avenue elevation. Retain bay windows along Lincoln Avenue Delete access floor system including all associated architectural items, i.e. closures.2 Provides for maximum long term jlexiblity Delete displacement ventilation system and change to conventional (overhead). 2 FF &E Savings: leather upholstery & cherry wood end panels. Retain leather upholstery for durability and cherrywood end panels for warmth HIGH SUB TOTAL Attachment A o:library_project/library/design /docs /LBT RANKED VE LIST(susan)(LBT Handout - value) 3MDINV I a) ea • cu • 7 74 Estimated Value 1 ATTACHMENT ITEM DESCRIPTION eu 8 i4 eat a) y 0 H 0 tri 0 O O • O 0 I 0 O O ' O ! C 0' O O VD 0 ! O ' O N ▪ N M MEDIUM SU] O O 0 0 O O • 0 0 O 0', 0 O 0 O 0 0 O 0• 0 0 0 O l- O O O O 0 0: N M M ' 00 V1 V1 i N ' Q Q W 'Gil W 0 0 y O. G p O o a a 0 0 o�q oo . • i • ca 0 40, 0 0 0 o 0 0 o L a a CO cti -8 ,, - 0 o' tl o 03 y a 0 °' • i 3 o °' , 0 0 cn w v o o `� 0 0 0 0 0 xo • ! ti 0 v a, • 0 o' 3 3 ' I a •h >, a 0 fiU N Cq ▪ N 61 UV 0 0 a no ue `n pq ,, 0 l t . .,, 8 z o z a " • ro o -- ° o . _ aN o To `'1 O N . O , a O ti • Q: y N tl y 1V y g E y C s-, ' ▪ � , CO 6 ' • '. y , �cd d O N 'a U `nk O - w 0 • to ,c) z O N p, y ro' 0 ' ti , t, •E 1! 0 b v 0 d c, i to �i a) o E o°`� a a y o Y d a a i � U g 3 g q g O g 'n 1 AcA ti - N M V 1p o:library_project/library/design /docs /LBT RANKED VE LIST(susan)(LBT Handout - value) 3NDIMVII Alternative as Estimated Value 1 ATTACHMENT ITEM DESCRIPTION 0 CO CO J 0 t0 J J W 0 W O O 0 0 0 1 0 0 0 0 0 0 O O O O O O O O O O O o O O 0 O 0 0 0 O 0 0 0 0 0 © 0 0 0 ' Lt-) 0 0 0 0 O 0 0 0 0 0 0 0 O. 0 C O O O v 1- O O O 11 O O O t O •d' O O\ O O ~ kn M s \O —i 'n in 6 .t ! N r V1 00 V'1 M \0 00 N _, — — — , -. ' v O 0 M .0 N m .y N 1.. Z- o. 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O a o p a aI a� p > U t C _5 ti p 1.d0, U d x ., a a: a; 4 W a aA U . a; x< U U A a a, A A A a N x w a N N 'V) VD N 00 O\ 0 \0 NNNN N N O1' r Estimated Value 1 ATTACHMENT ITEM DESCRIPTION • W O O 0 0 O O O O O 0 O C VD- 0 0 N O O S 0 M O o% b g „C cd N I 0 L. cd y o ii 0 w.0 4o c a c> w ' L y � y � o r > 0 0 O C 0 0 0 , to o N '40 d o ..> o 0 ! :77s' 3' 3 g' cn U o 3 F". M bA 0 =O .0 "0 I ,0 0 a> 0 v >x o o 0d ,, y Y' V a a o, > 0) o ,a • U' � • ' �'.'b 0 ccdd cd -" w o o N 0 HO cd a„ n > 01 to a z pl -!o g V) .0. O O o CID o , ¢ a) 'gib °' 0 i ,m „ A� A z D O bR E■ 0 C7 o:library_project/library/design /docs /LBT RANKED VE LIST(susan)(LBT Handout - value) a0 0 O U 0 b C V o •� v co o a 0 0> Cam. itl � N 0 o w '0 U > a 0) 6) cd 00 0 N 0 > 0) 0 0 H H '+ N City of Alameda • California Mayor Beverly Johnson Members of the Alameda City Council 2263 Santa Clara Avenue Rm. 320 Alameda CA 94501 Dear Mayor Johnson and Members of the City Council: October 15, 2004 Attachment B At the regularly - scheduled Library Board meeting on October 13, Library Project Manager Bob Haun made a presentation to the Library Board reviewing the value engineering recommendations which had been made by the Library Building Team. Mr. Haun's presentation was very thorough and informative. He showed us all of the places where the LBT was recommending that building features be retained - -such features as the Lincoln Avenue bay windows and barrel vaults, the Oak St. lunette windows, lobby pavers, brick exterior, building base and interior cherry trim. We had many questions which Mr. Haun answered thoroughly. The Library Board is encouraged that the value engineering process was able to identify such a great amount of savings. The Library Board is also supportive of the recommendations made by the Library Building Team, to preserve all the square footage, functionality and aesthetic properties of the new Main Library. Yours very sincerely, Leslie Krongold, President Alameda Free Library Board Alameda Free Library 2200 -A Central Avenue Alameda, California 94501 -4411 510.747.7777 • Fax 510.865.1230 • TDD 510.522.7538 tit Printed on Recycled Paper Alameda Free Library New Main Library Sources and Uses of Funds SOURCES: Original Funding State Grant Measure 0 Contributions from AP &T Supplemental Funding 15,487,952 9,166,769 10,000 24,664,721 Interest earned on Measure 0 funds 130,000 Additional Measure 0 1,500,000 Stafford Bequest 745,297 Open Space Funds 998,415 Redevelopment Funding 1,000,000 4,373,712 Total Potential Funding 29,038,433 USES: Architectural 2,030,557 New Construction 18,500,000 New Construction Contingency (20 %) 3,700,000 Furniture, Fixtures & Equip. 3,971,391 Construction Management 690,004 Ineligible Grant Costs 385,996 Total Potential Expenditures 29,277,948 New Main Library Attachment C Sources and Uses as of September 30, 2004 CITY OF ALAMEDA RESOLUTION NO. Attachment D DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY DEMAND THE ACQUISITION AND DEVELOPMENT OF CERTAIN MUNICIPAL IMPROVEMENTS AND THEIR FINANCING THROUGH THE ISSUANCE OF GENERAL OBLIGATION BONDS (PUBLIC LIBRARY) WHEREAS, the City is authorized to issue general obligation bonds to finance municipal improvements pursuant to certain provisions of the California Government Code, including Article 1, commencing with Section 43600, of Chapter 4 of Division 4 of Title 4 and Article 4.5, commencing with Section 53506, of Chapter 3 of Part 1 of Division 2 of Title 5 (colle.tiyely, the "Act "); and WHEREAS, the City intends to issue general obligation bonds (the `Bonds ") under and pursuant to all or a part of the Act to finance the acquisition and development of the main library, and the renovation and improvement to the West End Branch Library and the Bay Farm Branch Library in order to provide adequate space for library services, including increased space for library >- - collections, meeting room space, and increased space for reading, studying and children's programs, w and to provide for improved access for persons with disabilities and access to technology (the c"Improvements "), which Improvements constitute a single purpose under Section 43606 of the H California Government Code; and >, WHEREAS, the City intends to apply for State of California matching funds or other t— matching funds for the Improvements and the proceeds of the Bonds will provide the City's share for the matching funds; and WHEREAS, in order to initiate proceedings under the Act to provide for the financing of the Improvements, this Council must make certain findings and determinations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda that: Section 1. The public interest and necessity demand, and it is the intention of the Council to require, the acquisition and development of the Improvements and to issue general obligation bonds of-the City to finance the cost thereof, subject to completion of the proceedings required by the Act. Section 2. The total estimated cost of the Improvements is not to exceed thirty one million seven hundred thousand dollars ($31,700,000). The estimated cost to be funded by the general obligation bonds is not to exceed ten million six hundred thousand dollars ($10,600,000). The issuance of the general obligation bonds will be contingent on qualifying for state matching funds or other matching funds. If approved, the interest rate of the general obligation bonds will be within the legal limit. Said estimated costs include provision for legal and other fees, and the cost of printing of bonds and other costs and expenses incidental to or connected with the issuance and sale of general obligation bonds to finance the costs of the Improvements. Resolution # 5 -E 7 -5 -00 Section 3. This Council hereby finds and determines that the costs of the Improvements require an expenditure by the City greater than the amount allowed for it by the annual tax levy of the City. The principal amount of general obligation bonds of the City to be issued for the Improvements will not exceed the estimated cost to be funded by the general obligation bonds set forth above for the Improvements. The Improvements constitute a single purpose under Section 43609 of the California Government Code. Section 4. This Resolution is adopted, and general obligation bonds of the City, if approved by two- thirds of all qualified voters voting on the issuance of such bonds, are to be issued, pursuant to the Act. Section 5. This Resolution shall take effect upon its adoption by four (4) affirmative votes of the City Council. I, the undersi geed, hereby :certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in adjorned regular meeting assembled on the day of , 2000, by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this day of 2000. Diane B. Felsch, City Clerk City of Alameda CITY OF ALAMEDA Memorandum To: Honorable Mayor and Councilmembers From: James M. Flint City Manager Date: October 26, 2004 Re: New Main Library Project Update Attached to this memorandum is the November 1, 2004, Library Construction Report. Attachment Respectfully submitted, James M. Flint City Manager By: usan Hardie Library Director "Dedicated to Excellence, Committed to Service" Re: Report #5 -F 1 1 -3-04 0 Construction Re at so •..• November 1, 2004 w CO 0 N 0 N O O N Construction Fjurnishings & Eq Library Move ots o- O 0. EE W v �,ot —� c a a a E .0 ft �-8ia Q) _. E W UR Bid Process k bO = g to § c an ') k A 2 E E vi § 3 0 0 7 '3 � ' _ 2 73 0 - ® § / OD 2 § § o a) • 0 0 \ § '= E 2 2 u 2 J k u © ° S ci § § o ./ 0 2 O 0 • c «� \ .§ c 0 A » j 0 u = 2 2 § ) '& § • •_ ƒ 2 o © ©'- c 2 % § 0 �2 §ƒ / 0 QU = /� © ® A cU cn 0 2 2 u Ti / 2 \ k k k 7 § ® 2 0 0. R� § g 2 c o k m t§ § o ai c_ k / % § k £ ƒ c 7 o § : k o ? • - / U ) _o 2 - 0 2 2 ) cuu 0 ) ƒ U a' & 0 OA •�20ƒ� �\ PO o ° 2 2 2 - el © a gl, ell k O O \ ' & - § ■ W k 2 m< O 0 § w U P • • • • • . • � / 2 Ent Planning process for move begins July, 2005. • CL) The budget report is attached. • Dedicated to Excellence, Committed to Service City of Alameda Library Construction Projects Inception to date through the month of September 2004 Original Budget Revenue /Expenditures to date Balance Available Sources of Funds State Grant $15,487,952.00 $2,079,520.00 $13,408,432.00 Measure 0 10,600,000.00 1,644,722.00 8,955,278.00 Contributions 10,000.00 5,000.00 5,000.00 Sources Subtotal $26,097,952.00 $3,729,242.00 22,368,710.00 Uses of Funds 23,827,619.00 3,409,760.00 20,417,859.00 Balance Available $2,270,333.00 $319,482.00 $1,950,851.00 Construction Report November 04 Budget Monthly FS Sept 04 10/26/2004 CURRENT APPLICATIONS COMMISSION ON DISABILITY ISSUES ELEVEN (11) VACANCIES Toby C. Berger Charles E. Bunker Edwin Cooney Steve R. Fort James F. Gwynne Adrienne Longley -Cook Elaine McCoy Gina D. McGaughey Jody A. Moore Angela C. Steffens Council Communication #7 -A 11 -3 -04