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2005-09-20 PacketCITY OF ALAMEDA • CALIFORNIA SPECIAL MEETING OF THE CITY COUNCIL TUESDAY - - - SEPTEMBER 20, 2005 - - - 6:20 P.M. Time: Tuesday, September 20, 2005, 6:20 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. CONFERENCE WITH LABOR NEGOTIATORS Agency Negotiator: Craig Jory. Employee Organizations: International Brotherhood of Electrical Workers and Management and Confidential Employees Association. 3 -B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 Number of cases: One. 4. Announcement of Action Taken in Closed Session, if any. Adjournment 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 1. ROLL CALL 2. CONSENT CALENDAR Tuesday, September 20, 2005 Meeting will begin at 7:25 p.m. 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 Board or a member of the public. 2 -A. Recommendation to Approve the Fourth Amended Joint Exercise of Powers Agreement between the City of Alameda and East Bay Municipal Utility District. 3. ORAL COMMUNICATIONS, NON - AGENDA (PUBLIC COMMENT) (Any person may address the governing body in regard to any matter over which the governing body has jurisdiction that is not on the agenda.) 4. COMMUNICATIONS FROM THE GOVERNING BODY 5. ADJOURNMENT This meeting will be cablecast live on channel 15. Notes: • Sign language interpreters will be available on request. Please contact the ARRA Secretary, Irma Glidden 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. 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 podium and state your name; speakers are limited to three (3) minutes per item. 2. Lengthy testimony should be submitted in writing and only a summary of pertinent points presented verbally. 3. Applause and demonstration are prohibited during Commission meetings. SPECIAL MEETING OF THE COMMUNITY IMPROVEMENT COMMISSION TUESDAY - - - SEPTEMBER 20, 2005 - - - 7:27 P.M. Location: City 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 the Commission 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 1 -A. Minutes of the Special Community Improvement Commission meetings of August 16, 2005. (City Clerk) 1 -B. Recommendation to approve a Contract with LPA, Inc. in an amount not to exceed $148,500 to provide design development, construction documents, coordination with the Department of the State Architect, bid negotiations and construction administration services for development of the Alameda Recreation and Parks Department 4 -acre community park at Bayport. (Development Services) AGENDA ITEMS None. ADJOURNMENT Beverly Johnson, Chair Community Improvement Commission CITY OF ALAMEDA • CALIFORNIA IF YOU WISH TO ADDRESS THE COUNCIL: 1. Please file a speaker's slip with the Deputy City Clerk and upon recognition by the Mayor, approach the podium and state your name; speakers are limited to three (3) minutes per item. 2. Lengthy testimony should be submitted in writing and only a summary of pertinent points presented verbally. 3. Applause and demonstration are prohibited during Council meetings. AGENDA REGULAR MEETING OF THE CITY COUNCIL TUESDAY - - - - SEPTEMBER 20, 2005 - - - - 7:30 P.M. [Note: Regular Council Meeting convenes at 7:30 p.m., City Hall, Council Chambers, corner of Santa Clara Ave and Oak St.] The Order of Business for City Council Meeting is as follows: 1. Roll Call 2. Agenda Changes 3. Proclamations, Special Orders of the Day and Announcements 4. Consent Calendar 5. Agenda Items 6. Oral Communications, Non - Agenda (Public Comment) 7. Council Communications (Communications from Council) 8. Adjournment Public Participation Anyone wishing to address the Council on agenda items or business introduced by Councilmembers may speak for a maximum of 3 minutes per agenda item when the subject is before Council. Please file a speaker's slip with the Deputy City Clerk if you wish to address the City Council. SPECIAL MEETING OF THE CITY COUNCIL 6:20 P.M. CITY COUNCIL CHAMBERS CONFERENCE ROOM Separate Agenda (Closed Session) SPECIAL MEETING OF THE ALAMEDA REUSE AND 7:25 P.M. REDEVELOPMENT AUTHORITY, CITY COUNCIL CHAMBERS Separate Agenda SPECIAL MEETING OF THE COMMUNITY IMPROVEMENT 7:27 P.M. COMMISSION, CITY COUNCIL CHAMBERS Separate Agenda 1. ROLL CALL - City Council 2. AGENDA CHANGES 3. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS 3 -A. Proclamation declaring October 2005 as United Nations Month. 3 -B. Proclamation declaring September 18 -24 as Pollution Prevention Week in Alameda. 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 September 6, 2005. (City Clerk) 4 -B. Bills for ratification. (Finance) 4 -C. Recommendation to accept the Quarterly Financial Report for the Period Ending June 30, 2005 (Year -end). (Finance) 4 -D. Recommendation to adopt Specifications and authorize Call for Bids for three marked police vehicles. (Police) 4 -E. Recommendation to reject the Bids, adopt the modified Specifications, and authorize a second Call for Bids for Cyclic Sewer Repair Project Phase 4, No. P.W. 05- 03 -11. (Public Works) 4 -F. Recommendation to amend the Construction Contract with Ghilotti Brothers by increasing the contingency amount by $120,000 for the Park Street Streetscape and Town Center Project, No. P.W. 10- 02 -13. (Public Works) 4 -G. Recommendation to approve a Subdivision Improvement Agreement with FOCIL -BP, LLC, and • Adoption of Resolution Approving Final Map and Accepting Certain Dedications and Offers of Dedication and Easement Vacations for Tract 7512 (Bayport). (Development Services) 4 -H. Adoption of Resolution Approving Parcel Map and Accepting Dedication of Easements for Parcel Map No. 8725 (Bridgeside Shopping Center). (Public Works) 4 -I. Adoption of Resolution Amending the Management and Confidential Employees Association Salary Schedule by Establishing the Salary Range for the Position of Sales and Services Supervisor and Amending the Salary Range for the Position of Information Systems Network Analyst. (Human Resources) 5. REGULAR AGENDA ITEMS 5 -A. Adoption of Resolution Commending William C. Norton for His Services as Acting City Manager. 5 -B. • Adoption of Resolution Reappointing Karen Lee as a Member of the Public Art Commission; • Adoption of Resolution Reappointing K. C. Rosenberg as a Member of the Public Art Commission; and • Adoption of Resolution Appointing Terri Bertero Ogden as a Member of the Recreation and Park Commission. 5 -C. Final Passage of Ordinance Amending the Alameda Municipal Code Chapter XIII (Building and Housing) by Repealing Article I, Section 13.4 (Alameda Electrical Code) in Its Entirety and Adding a New Article I, Section 13.4 (Alameda Electrical Code) to Adopt the 2004 California Electrical Code and Approve Certain Amendments Thereto. (Planning and Building) 5 -D. Recommendation to authorize the submission of an application with the California Film Commission to enable City participation in the Film Liaisons In California, Statewide (FLICS) Program; and • Adoption of Resolution Establishing the Alameda Film Commission and Granting It the Formal Designation to Serve as Its Film Liaison In California, Statewide (FLICS) with the California Film Commission. (Development Services) 5 -E. Transmittal of Task Force report concerning strategies to prevent mass termination of tenancies from large apartment complexes and to create additional affordable housing opportunities. (City Manager) 6. ORAL COMMUNICATIONS, NON - AGENDA (Public Comment) Any person may address the Council in regard to any matter over which the Council has jurisdiction or of which it may take cognizance, that is not on the agenda. 7. COUNCIL COMMUNICATIONS (Communications from Council) 7 -A. Consideration of Mayor's nominations for appointment to the Civil Service Board, Economic Development Commission, Historical Advisory Board, Housing and Building Code Hearing and Appeals Board, and Recreation and Park Commission. 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. HARBOR BAY 05 SEE 12 P; 3: 20 iS 1 RJHL i;fl :....__. September 12, Mayor Beverly Johnson and Honorable Members of the Alameda City Council City of Alameda City Hall 2263 Santa Clara Avenue — Room 320 Alameda, CA 94501 Re: Harbor Bay Village Six Dear Mayor and Honorable City Council Members: We understand that the City Council has a number of concerns about the Harbor Bay Village Six development and how it relates to the Development Agreement that the Harbor Bay developers have with the City. The purpose of this letter is to address these concerns in one place in a coherent way in order to assist you in your deliberations. We want to clarify our position on these issues to avoid confusion or misunderstandings. The acknowledgment by the City Council that the Development Agreement between Harbor Bay and the City covers the Village Six residential development is the critical threshold issue that must be addressed before the public hearing process goes forward. This is a legal matter and one that should not be determined on the merits of the project itself. As we have explained to City staff, it is not appropriate for the City or Harbor Bay to spend time and money processing our applications for the General Plan Amendment, rezoning, and environmental review without a clear understanding that the 1989 Development Agreement is applicable to this project area; and that the Development Agreement's exemptions from subsequently enacted City ordinances and from new exactions applies to our proposed project. Our position is that the Village Six residential development project, which is part of the buildout of Harbor Bay, is "grandfathered" by the Development Agreement and is exempt from the City's recently enacted Inclusionary Housing Ordinance. Over the years, we have honored and fulfilled our obligations under the Development Agreement, and we expect the City to do the same. In our applications package, we outlined a number of economic benefits to the City that would result from our proposed residential development compared to developing the site with a high school and athletic fields or with commercial buildings. In the course of preliminary review sessions, we have informed City staff that as a good corporate citizen, we are willing to make additional contributions that will benefit the City - - - $1,000,000 to assist the City with its programs to provide affordable housing in other locations in the City, and a $500,000 contribution to fund road improvements on North Loop Road and Harbor Bay Parkway. Re: Item #3 -D 09 -20 -05 Closed Session Doric Realty, Inc. 1141 Harbor Bay Parkway, Suite 221 Alameda, CA 94502 Phone: (. September-12, 2005 Page 2 We want to assure the City Council that we are not trying to bypass the Planning Board review and the public hearings process. We acknowledge that our initial applications for a General Plan Amendment, rezoning, and for environmental review will receive full scrutiny in the public hearings before the Planning Board and the City Council. The subsequent applications for Planned Development, Design Review, and Subdivision Map will also receive full review in the public hearings that will follow in due course. Any and all concerns about the capacity of the site to handle the number of units proposed, compatibility with surrounding existing uses, traffic, airport- related noise exposures, and other land use planning and environmental issues will be fully addressed during the applications review process. Residential development is the highest and best use of this property. Residential use responds favorably to policies in the City's recently updated Housing Element. It also responds very favorably to the State of California's emerging, powerful policies to provide more housing for California's growing economy and population. The Governor's "Go California" legislative package, SB 1024, and SB 836 all speak to the need to create housing close to transportation centers, and to limit suburban sprawl by concentrating on infill urban sites. These bills when enacted will provide incentives for developing new housing close to public transportation centers. The 12 vacant acres along North Loop Road are an urban infill site located within walking distance of a public transportation hub, the Alameda Harbor Bay Ferry Terminal. The development will be marketed to people who will use the ferry service at a time when the ferry service is struggling for ridership, and the City is struggling to retain the ferry service's public subsidy funding provided through MTC. In order to process the applications for Village Six in an orderly way, we have accomplished a number of milestones before beginning the formal public hearing process with the Alameda Planning Board: • Traffic Reports have been prepared by Abrams and Associates and submitted to the City that show that the residential development would generate substantially less traffic than if the site were developed with commercial uses, and that the proposed project will not have any significant adverse impacts on the capacity of roads or intersections on Bay Farm Island, on the main Island of Alameda, or in the neighboring City of Oakland. • The Federal Aviation Administration (FAA) has approved the residential project as a preferable use of the land than private schools from an aviation perspective. • Staff of the Port of Oakland has agreed with Harbor Bay that with the mitigation measures incorporated into the project, the Village Six development is acceptable, September 12, 2005 Page 3 is preferable to schools, and that the demarcation line between residential and commercial use on Bay Farm Island can be adjusted to incorporate the project. • The Board of the Harbor Bay Business Park Association voted unanimously to recommend that the Business Park owners approve an Amendment to the Business Park CC &Rs to de -annex the 12 acres of land from the Business Park so that the residential project can go forward; and the owners have approved that Amendment. • SRM Associates and Pacific Coast Capital Partners, the developers of the Waterfront properties (the former Lucent Campus) and most of the vacant land in the Business Park, have agreed with Harbor Bay that with the mitigation measures incorporated into the project, residential use of the 12 acres along North Loop Road is compatible with present and future commercial uses in the Business Park. We hope that the points we raise in this letter will help the City Council finalize its determination on the threshold legal issue that the Development Agreement covers our proposed Village Six residential development so that we can move forward with the environmental review and the public hearings on the merits of our applications. Very truly yours, Stephen K. Brimhall CITY OF ALAMEDA MEMORANDUM Date: September 13, 2005 To: Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority From: Debra Kurita Executive Director Re: Recommendation to Approve the Fourth Amended Joint Exercise of Powers Agreement between the City of Alameda and East Bay Municipal Utility District BACKGROUND On May 2, 1997, the City entered into a Joint Exercise of Powers Agreement with East Bay Municipal Utility District ( EBMUD) for the operation and maintenance of the water distribution facilities at Alameda Point. This Agreement was amended on October 1, 1999, October 2, 2001 and October 1, 2003 to authorize EBMUD to continue to operate and maintain the water distribution facilities at Alameda Point. The current Agreement expires September 30, 2005. The new Amendment extends the terms of the Agreement to September 30, 2008 and allows for an additional two -year extension. DISCUSSION Since 1997, East Bay Municipal Utility District ( EBMUD) has operated and maintained the water distribution facilities at Alameda Point for the City through a Joint Exercise of Powers Agreement. The City compensates EBMUD for all associated costs, but requires City approval for any general operations or emergency work that exceeds a specified dollar amount. The Fourth Amended Agreement will enable EBMUD to continue to operate and maintain the Alameda Point water distribution facilities for the City until September 30, 2008 and allows for an additional two -year extension. The Amendment also increases the maximum allowance for routine operations from $5,000 to $6,000 per month and for emergency work from $20,000 to $25,000 per event. Both parties are agreeable to the terms and conditions of the Joint Exercise of Powers Agreement. A copy of the Agreement is on file in the City Clerk's Office. BUDGET CONSIDERATION/FINANCIAL IMPACT There is no impact to the General Fund. This work is funded by Alameda Point Lease Revenues and is included in the adopted 2005/2006 budget. The City will compensate EBMUD for its actual costs to perform operations, maintenance and related services. The maximum allowance for routine operations and maintenance services may not exceed $6,000 per month with prior City authorization. Report 2 -A 9 -20 -05 Dedicated to Excellence, Committed to Service Honorable Chair and Members of the Page 2 Alameda Reuse and Redevelopment Authority September 13, 2005 Emergency services may not exceed $25,000 per emergency repair event, without prior City verbal approval (verified in writing within 24 hours). The estimated annual cost for this work is $115,000. MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE This action does not affect the Municipal Code. RECOMMENDATION It is recommended that the ARRA Governing Board approve the Fourth Amended Joint Exercise of Powers Agreement between the City of Alameda and East Bay Municipal Utility District. Respect lly submitted, Matthew T. Naclerio Public Works Director MTN:gc cc: Ted Lam, Maintenance Superintendent, EBMUD Nanette Banks, Development Services Department G:\pubworks\pwadmin\COUNCID2005\092005ba2005.doc Dedicated to Excellence, Committed to Excellence UNAPPROVED MINUTES MINUTES OF THE SPECIAL COMMUNITY IMPROVEMENT COMMISSION MEETING TUESDAY - - - AUGUST 16, 2005 - - - 6:45 P.M. Chair Johnson convened the Special Meeting at 6:55 p.m. Roll Call - Present: Commissioners Daysog, deHaan, Gilmore, Matarrese, and Mayor Johnson - 5. Absent: None. The Special Meeting was adjourned to Closed Session to consider: (05- ) Conference with Real Property Negotiators - Property: Fleet Industrial Supply Center; Negotiating parties: Catellus Limited Operating Partnership and Community Improvement Commission; Under negotiation: Price and terms. Following the Closed Session, the Special Meeting was reconvened and Chair Johnson announced that the Commission gave direction to the Real Property negotiators and no action was taken. Adjournment There being no further business, Chair Johnson adjourned the Special Meeting at 7:30 p.m. Respectfully submitted, Lara Weisiger Secretary, Community Improvement Commission The agenda for this meeting was posted in accordance with the Brown Act. Special Meeting Community Improvement Commission August 16, 2005 UNAPPROVED MINUTES MINUTES OF THE SPECIAL COMMUNITY IMPROVEMENT COMMISSION MEETING TUESDAY- - AUGUST 16, 2005- -7:35 P.M. Chair Johnson convened the Special Meeting at 2:40 a.m., August 17, 2005. ROLL CALL - Present: Commissioners Daysog, deHaan, Gilmore, Matarrese, and Chair Johnson - 5. Absent: None. CONSENT CALENDAR Chair Johnson announced that the Resolution Authorizing the Executive Director to Execute a Fourth Amendment to the DDA [paragraph no. 05- ] was removed from the Consent Calendar for discussion. Commissioner Matarrese moved approval of the remainder of the Consent Calendar. Commissioner Gilmore seconded the motion, which carried by unanimous voice vote - 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] ( *05- ) Minutes of the Special Joint City Council, Community Improvement Commission (CIC), Alameda Reuse and Redevelopment Authority, and Housing Authority Board of Commissioners Meeting, and the Special CIC Meeting of August 2, 2005. Approved. ( *05- ) Recommendation to approve a Contract with Cooper Pugeda Management, Inc. /The Allen Group, LLC for Construction Management Services for rehabilitation of the Historic Alameda Theater Project and proposed Civic Center Parking Garage for $1,114,436. Accepted. (05- ) Resolution No. 05 -138, "Authorizing the Executive Director to Execute a Fourth Amendment to the Disposition and Development Agreement (DDA) by and Between the Community Improvement Commission and Catellus Limited Operating Partnership (Developer) Which Would Extend the Expiration Term by One Year From June 2007 to June 2008 in Order to Allow the Developer to Explore a Change from Commercial Office /Research and Development Land to a Mixed -Use Retail /Residential Land Use at the Former U.S. Navy Fleet Industrial Supply Center (FISC) Property." Adopted. Special Meeting Community Improvement Commission August 16, 2005 1 Commissioner Matarrese inquired whether adoption of the resolution would allow Catellus to explore a change in the current DDA. The Development Services Director responded that the amendment would allow Catellus to explore re- entitlement of the existing property. Commissioner Matarrese inquired whether there would be a public process that would allow people to comment, to which the Development Services Director responded in the affirmative. Commissioner Matarrese stated that he wanted people to be aware that the matter would be publicly noticed and that Catellus would be given a year to provide more information. Commissioner Matarrese moved adoption of the resolution. Commissioner Gilmore seconded the motion, which carried by the following voice vote: Ayes: Commissioners Daysog, Gilmore, Matarrese, and Chair Johnson - 4. Abstentions: Commissioner deHaan - 1. AGENDA ITEMS None. ADJOURNMENT There being no further business, Chair Johnson adjourned the Special Meeting at 2:45 a.m. Respectfully submitted, Lara Weisiger Secretary, Community Improvement Commission The agenda for this meeting was posted in accordance with the Brown Act. Special Meeting Community Improvement Commission August 16, 2005 2 CITY OF ALAMEDA Memorandum To: Honorable Chair and Members of the Community Improvement Commission From: Debra Kurita Executive Director Date: August 16, 2005 Re: Recommendation that the Community Improvement Commission Approve a Contract with LPA. Inc. in an amount not to exceed $148,500 to Provide Design Development, Construction Documents, Coordination with the Department of the State Architect, Bid Negotiations and Construction Administration Services for Development of the Alameda Recreation and Parks Department 4 -acre Park at Bayport BACKGROUND The new Bayport neighborhood is the first new development to be built on the former U.S. Navy East Housing and Fleet Industrial Supply Center ( "FISC ") property acquired by the City in 2000. The Bayport residential project includes 437 market -rate single - family homes, 58 below market duet townhouses and 91 units of low and very low- income affordable rental housing. In addition, a new 7 -acre, K -8 School ( "School ") and 4 -acre community park ( "Park ") will complement the new Bayport neighborhood. The new School and Park are being developed by the Alameda Unified School District ( "AUSD ") and the City of Alameda's Recreation and Parks Department ( "ARPD ") respectively, under a Joint Use Agreement that was executed in January 2005 ( "Agreement "). Construction of the School is currently underway. Schematic design of the adjoining Park and community building (which will be located on AUSD School site) is complete and has been reviewed and approved by the City's Recreation and Parks Commission with input from its Field Advisory Committee in July 2005. Both the School and Park are scheduled to open in September 2006. In 2003, AUSD and ARPD retained LPA Sacramento, Inc. (Architects, Planners and Landscape Architects) to prepare a joint use, site -wide Master Plan, which was developed through a community involvement process. The fee for this initial scope of work was $9,000. ARPD has also retained LPA for the completion of schematic design for both the Park and community building under another professional service contract for $16,000. As a result, the total amount paid to LPA to date is $25,000. The proposed contract will authorize LPA to complete design development, including construction documents, bid negotiations, and construction administration for the Park and community building. The not to exceed contract amount is $135,000, plus reimbursables of up to $13,500, or $148,500. Report 1 -B 9 -20 -05 Honorable Chair and Members August 16, 2005 of the Community Improvement Commission Page 2 of 4 DISCUSSION The existing Joint Use Agreement between AUSD and ARPD identifies the parties' respective rights, duties and obligations regarding construction, as well as the use and maintenance of various improvements to be constructed on the 7 -acres of land owned by AUSD and 4 -acres of land owned by ARPD. Improvements to be constructed on the AUSD 7 -acre site include new facilities for the proposed K -8 school and the ARPD community building. Improvements to be constructed on the ARPD 4 -acre site include a youth play area, little league baseball fields and a championship soccer field. As provided for in the Agreement, AUSD will lease to the ARPD up to 2,000 square feet of the school site, at no cost, for a term of fifty years. The ARPD will construct and operate a community building on the site. The community building will be used to support ARPD programs and will also be available to the community for eligible rental activities. Hours of operation and use of the Park, School, community building and parking lot by AUSD or ARPD are specified in the Agreement. In 2003, AUSD solicited architecture firms through an openly advertised, competitive Request For Qualifications process. The major selection criteria included: 1) Experience in the design and construction administration of public educational facilities, 2) Experience in working with the Office of the State Architect, 3) The firm's ability to provide a full scope of services within budget, and 4) Fee for the proposed scope. The AUSD screening and selection committee included a representative from ARPD and the City's Public Works Department. Each member of the committee individually ranked respondents to the Request For Qualifications. After references were checked, LPA Sacramento, Inc. was selected by AUSD as the most qualified firm with the lowest fee for services. Based on the selection process used by AUSD, participation by the City, and qualifications of the firm selected, staff is recommending that LPA be used to proceed with design development, construction documents, bid negotiations and construction administration of the Park and community building. Given the importance of the design coordination between the School and community building and the required consultation with the Office of the State Architect for school facilities, it is cost - effective to continue working with the current project architect. The scope of work under the proposed LPA contract includes the completion of design development, construction documents, and coordination with the Department of State Architect process, bid negotiations and construction administration. BUDGET CONSIDERATION /FINANCIAL IMPACT This contract for professional services will not require any supplemental appropriations or have any fiscal impact on the City's General Fund. The total development cost for design and construction of the Park and community building is included in the Catellus / Bayport Project Budget approved by the CIC and City Council in April 2005. The Park and community building project budget in the amount of $1,571,400 will be funded by Project Dedicated to Excellence, Committed to Service Honorable Chair and Members August 16, 2005 of the Community Improvement Commission Page 3 of 4 Revenues generated from the Catellus / Bayport Project. Maintenance of the 4 -acre park will be paid for from funds collected from Bayport residents in the form of a "Supplemental Community Facilities District Special Tax ". Maintenance of the 4 -acre Park has been budgeted at $114,000.00 per year with an allowance for inflation tied to the consumer price index. MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE This action does not affect the Municipal Code. The CIC contract with LPA, Inc. is in conformance with the City Council Resolution No. 13643 Establishing a Policy of Fiscal Neutrality Regarding Development at the Fleet Industrial Supply Center /East Housing And Alameda Point. ENVIRONMENTAL REVIEW The new Park and School were included in the original environmental review for the Catellus Mixed -Use Project. No additional CEQA review is required. RECOMMENDATION Authorize the Executive Director of the CIC to execute a Contract with LPA. Inc., not to exceed $148,500, for the purposes of providing design development, construction documents, coordination with the Department of the State Architect, bid negotiations and construction administration services for development of the Alameda Recreation and Parks Department 4 -acre park and community building at Bayport. DK /LAL /DC: dc Respectfully submitted, e ent Services Director By: i oug Cole Redevelopment Manager Dedicated to Excellence, Committed to Service Honorable Chair and Members August 16, 2005 of the Community Improvement Commission Page 4 of 4 Attachments: 1) Executed Joint -Use Agreement 2) Joint -Use Park and School Master Plan Concept 3) K -8 School Master Plan Concept 4) Schematic Park Landscape Plan 5) Schematic Community Building Floor Plan and Exterior Elevation 6) LPA Consultant Agreement (on file with the City Clerk's Office) G :IComdevlBase Reuse& Redevp\DougColelParkILPA Contract CIC Staff Report 081605 Final Changes.doc Dedicated to Excellence, Committed to Service ATTACHMENT 1 AGREEMENT BY AND BETWEEN THE ALAMEDA UNIFIED SCHOOL DISTRICT AND THE CITY OF ALAMEDA RECREATION AND PARKS DEPARTMENT FOR THE USE AND DEVELOPMENT OF REAL PROPERTY This Agreement, made and entered into this s'�' day of ,SAN , 2Ge4by and between the Alameda Unified School District (hereinafter known as "School District ") of Alameda County, State of California, and the City of Alameda (hereinafter known as "City ") of the City of Alameda, a Charter City and Municipal Corporation. RECITALS WHEREAS, Chapter 10 of Part 7 of Title 1 of the Education Code of the State of California authorized and empowers public school districts and other public agencies to cooperate with each other and to that end enter into agreements with each other for the purpose of organizing, promoting, and conducting programs of community recreation, establish systems of playgrounds and recreation, and acquire, construction, improve, maintain and operate recreation centers as provided in Education Code § 10902; and WHEREAS, it is in the public interest that the recreational and educational facilities of public agencies be put to the fullest possible use; and WHEREAS, the School District intends to construct a new K -8 school on seven ( ) acre6 l)r land it OVV„. dCL Lu e, WI[nln [1 iC Jdy(.3O(t Li v Jp(I ICI I[ site; d..0 WHEREAS, the City intends to develop a park on four (4) acres of land its owns, or intends to acquire, adjacent to the proposed seven (7) acre school site within the Bayport Development site; and WHEREAS, the City and the School District desire to establish a basis for the cooperative use the new K -8 school in the Bayport Development site and the adjacent park site. WHEREAS, the City and the School District desire to set forth their respective rights duties and obligations with respect to the construction, use and maintenance of the various improvements to be constructed on the new K -8 school and adjacent park site. NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and conditions contained in this Agreement, School District and City agree as follows: 1. Park Site Concurrent with School District's acquisition of the above - referenced school site. City has acquired title to and intends to construct, at its sole cost, a four (4) acre park site (hereinafter known as -Park Site'), as specifically aescribea in Exhibit "A' attached hereto and incorporated herein by this reference. Facilities within the Park Site shall be segregated into two separate areas. One area shall contain various play grounds, picnic area and restroom facilities and shall be no larger than one (1) acre in area (the "Play Ground and Restroom Area ". The remaining land area of the park shall contain one or more playing fields ( "Play Field Area "). In addition, the Park Site shall contain a minimum of 35 parking spaces ( "Park Site Parking "). 2. School Site On the School Site, School District intends to construct, at its sole cost, various educational facilities ( "Educational Buildings "), school grounds consisting of an asphalt play area on no less than 20,000 square feet containing at least two basketball courts and a variety of pavement games and also including fencing ( "School Grounds Area "), and a multi - purpose building ( "Multi- purpose Building ") and a minimum of 40 parking spaces adjacent to the Park Site Parking (" School Parking ") specifically described in Exhibit "B" attached. 3. Community Building The School District agrees to lease the City two thousand (2,000) square feet of the School Site, for no cost, for a term of fifty (50) years for the purpose of enabling the City to construct, at its sole cost, and operate a Community Building (the "Community Building Leased Area "). The School District has the absolute discretion to identify the location of the Community Building Leased Area on the School Site. 4. City Maintenance Obligations City agrees to maintain and provide utility service to the Park Site and Liornmunay Buuuu,y, ai iu I nmuntty buiiaing Lease() f;rea al a revci or II idrntenance consistent with other City parks and facilities. 5. School District Maintenance Obligations School District agrees to maintain and provide utility service to the School Grounds Area, the Multi- purpose Building and both the Park Site Parking and the School Parking at a level of maintenance consistent with other School District school sites, buildings and parking lots. 6. Park Site Use For the term of this Agreement, this section 6 shall govern the use of the park site. a. During School Hours The City shall grant the School District an non - exclusive license for the priority use of the Play Field Area and Park Site Parking from the hours of 7:30 a.m. to 3:30 p.m. on days when the new K -8 school is open for regular instruction ( "School Hours ") except that the City may, upon five (5) days prior notice, exclude the School District from the Play Field Area for park maintenance operational needs and City sponsored services such as health and safety programs, emergency services exercises and related services. The Play Ground and Restroom Area will remain open to the puottc at au time the parts site is open for any type use. City shall retain the exclusive right to schedule all use of the Park Site during School Hours. However, during School Hours, the School District shall have the first right to reserve the Play Field Area for its exclusive use for physical education programs, class recess activities or other programmed school activities. The School District may notify the City of its intended use of the Play Field Area up to twelve months and at least twenty -four (24) hours in advance of its intended use. The City shall have the right to schedule the use of the Play Field Area no earlier than three (3) months in advance and the public shall have the right to schedule the use of the Playing Fieid Area no earlier than one (1) month in advance. So long as there is no prior scheduled use of the Play Field Area, the School District shall have the right to reserve the Play Field Area for its use. b. Non - School Hours City shall retain the exclusive right to schedule all use of the Park Site during the periods before 7:30 a.m. and after 3:30 p.m. on days when the new K -8 school is open for session and all day long on weekends and school holidays, (the times when the School District does not have priority use) (Non - School Hours). However, during Non - School Hours the City shall give first pr ;crity to request for use of the Park Site to City sponsored programs, second priority to requests for use by the School District and thereafter to requests by the public. School District may apply for priority use up to a maximum of six (6) months prior to the desired date of use. The general public will have the right to schedule use of the site up to a maximum of three (3) months prior to the desired date of use. Previously scheduled uses will take precedence. In the event a conflict occurs City will work cooperatively with the School District to resolve the scheduling use. City, at its sole discretion, may grant or deny use of me site. vVnen mere is no scneauiea use or the Park cite, it snail oe upen tor uasual use by the general public. 7. School Site Use a. During School Hours School District shall have exclusive use of the entire School Site, including the School Grounds Area, during School Hours with the exception of the Community Building Leased Area. b. Non School Hours Subject to applicable State law, the School Grounds Area shall be open and available for public use during Non - school hours. School District will have priority for after school programs, and once scheduled, will take priority over public use. The School District shall provide reasonable notice to the City of the dates and times during Non - School Hours when it has scheduled the use of the School Site Play Area. 8. School Building Use The School District shall have the exclusive and absolute right to use the Educational Buildings at all times. The School District shall have the exclusive right to use the Multi- purpose Building during School Hours. However, the School District will permit, .,vith reasonable p:.!or notice, the City to use, or schedule the use, the Multi- purpose Building during non - School Hours, but extending to 8:30 a.m. on mornings and commencing at 3:00 p.m. on afternoons when school is open for instruction, so long as the School District has not scheduled a prior use. Irk the event a request is received by School District for use during these hours, School District will work cooperatively with City to resolve the scheduling conflict. The foregoing notwithstanding, the School District, at its sole discretion, may grant or deny any use of the Multi- purpose Building. 3 9. Community Building Use In accordance with paragraph 3 above, the City may construct the Community Building at City's sole cost on an area of the School Site designated by the School District. Within the Community Building, City intends to operate before school and after school recreation programs for school students during the school year and recreation camp programs during the summer as well as recreation preschool /tiny tot programs for community residents during the day year- around. The City shall have the exclusive right to use the Community Building at any time for any public use. However, the City will permit, with reasonable prior notice, the School District to use, or schedule the use, the Community Building during times when the City is not using, or has not scheduled another public use of the Community Building. In the event a request is received by the City for the School District use of the Community Building, the City will work cooperatively with the School District to accommodate the scheduling request. The foregoing notwithstanding, the City, at its reasonable discretion, may grant or deny any use of the Community Building. 10. Parking Lot Use a. During School Hours During School Hours, the School District shall have the exclusive use of both the Park Site Parking and School Parking except that the School District shall caci vc d cwo uI6duiea parKiny spaces and five (5) one hour limited time parking spaces for Park Site, School Site and Community Building visitors. b. Non School Hours During Non - school hours all Parking shall be available for use by the public. The joint use of the Parking as set forth above shall be reflected in a reciprocal easement to be executed and recorded by parties. 11. Park Site Improvements School District may not make any improvements to the Park Site without the prior written consent of City. Any improvements constructed on Park Site by School District, when constructed, shall be considered fixtures of the City's real property, and title to such improvements shall be thereafter vested in the City, unless School District and City agree in writing that title to said improvements shall vest to the benefit of the other party. City retains the right to require School District to remove any improvements made by School District without City consent, at sole cost of School District. 12. School Site Improvements City may not make any improvements, with the exception of the Community Building, to the School Site without the prior written consent of School District. Any improvements constructed on School Site by City shall be considered fixtures of the School Site, and title to such improvements shall be vest to the School District, unless City and School District agree in writing that title to said improvements shall vest to the benefit of the other party. School District retains the right to require City to remove any improvements made by City without School District consent, at sole cost of City. 4 Further, upon termination of this Agreement, the City shall terminate its lease of the Community Building Leased Area. 13. Term of Agreement This Agreement may be terminated Fifty (50) years from the date of this Agreement with 90 days written notice to the non - terminating party. If the Agreement is not terminated upon the completion of the fifty (50) year term, it shall be automatically extended for successive five -year terms unless terminated pursuant to the terms of this paragraph. If the Agreement is extended pursuant to this section, the ground lease of the portion of the School Site for the Community Building shall be similarly extended 14. Insurance a. School District School District shall maintain at all times a policy of comprehensive general liability insurance in the principal amount of a least Two Million Dollars ($2,000,000.00) combined single limit per occurrence for bodily injury, personal injury and property damage, automobile liability insurance in the principal amount of a least Two Million Dollars ($2,000,000.00) combined single limit per occurrence for bodily persVi ial ;i jui y acid prcipe ty UQi � �a.. c aI IU ,VV VI t \GIJ OUl l lf.i C.I IJaUVI I I( IJuftii IUe ao may be required by law. Said policy shall be endorsed to name the City of Alameda, rnoards, Commissions, its officers, employees, agents, and volunteers as adaitional insureds regarding liabilities arising out of School District's use of the Park Site. Said policy shall be endorsed as primary and shall contain provisions which preclude policy suspension, policy cancellation, or reduction in policy limits except after thirty (30) days prior written notice to the City by certified mail, return receipt requested. b. CITY City shall at all times maintain a policy of comprehensive general liability insurance in the principal amount of at least Two Million Dollars ($2,000,000.00) combined single limit per occurrence for bodily injury, personal injury and property damage, automobile liability insurance in the principal amount of a least Two Million Dollars ($2,000,000.00) combined single limit per occurrence for bodily injury, personal injury and property damage, and Workers' Compensation Insurance as may be required by law. Said policy shall be endorsed to name the School District, its officers, employees, agents, and volunteers as additional insureds regarding liabilities arising out of City's use of the School Site or any improvement located on the School Site. Said policy shall be endorsed as primary and shall contain provisions which preclude policy suspension, policy cancellation, or reduction in policy limits except for thirty (30) days prior written notice to the School District by certified mail, return receipt requested. 15. Indemnification City shall indemnify, defend and hold harmless the School District, is Bcards, Commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardless of the merits or outcome of any such claim or suit arising form or in any manner connected to City's use of the School Site, including any improvement !coated on the School Site pursuant to this Agreement. School District shall indemnify, defend and hold harmless the City, its City Council, Boards and Commissions, officers and employees from and against any and all Toss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardless of the merits or outcome of any such claim or suit arising from or in any manner connected to District's use of the Park Site or the Community Building pursuant to this Agreement. 16. Notice When written notice is required under this Agreement it shall.be made by registered mail to the School District at: And to the City at: School Superintendent Alameda Unified School District 2200 Central Ave. Alameda, CA 94501 “11,4110.G1 City of Alameda 2263 Santa (. ara Ave. Alameda, CA 94501 Notice regarding scheduling matters shall be written and shall be delivered to the Maintenance, Operations and Facilities Director for the School District or its designated representative and shall be delivered to the City through the Recreation and Parks Director for the City of Alameda or the Recreation Services Manager for the City of Alameda. Reasonable prior notice as used in this Agreement shall under no circumstances be less than 24 hours prior notice. 17. No Requirement to Construct Improvements Nothing in this Agreement shall be deemed to require the School District or City to construct any improvements on the Park Site or the School Site. 18. Effectiveness of the Agreement The rights and duties of each party to this Agreement shall be effective only after all of the improvements, with the exception of the Community Building, have been constructed and accepted as complete by the constructing party. In addition, if all of the improvements contemplated under this Agreement have not been completed within ten (10) years of the date of this Agreement, the rights and duties set forth herein shall expire and have no force and effect. Further, if the City has not constructed the Community Building or the School Distr -i has not constructed the school within ten (10) years from the date of this Agreement, or if the School District at any time declares the School Site as Surplus Property under applicable State law, the City will terminate its ground lease on the School Site. 6 19. No Third Party Beneficiary This Agreement is by and between the parties named herein and no third party is intended either by expression or implication to be benefited by this Agreement. 20. Attorneys Fees In the event of any controversy, claim or dispute between the parties arising out of or relating to this Agreement or the breach, interpretation or enforcement of same, the prevailing party shall be entitled to recover from the other party reasonable expenses, attorney's fees and costs. 21. Modification This Agreement may only be modified in writing by mutual agreement of the parties. 22. Invalid Term In the event that any provision of this Agreement shall in any respect be declared invalid, illegal, or unenforceable, such invalidity, legality or unenforceability shall not effect any other term or condition of this Agreement, and this Agreement shall be interpreted as though such illegal, unenforceable or invalid term or condition was not a part hereof. 23. Assignment Neither party to this Agreement shall assign the Agreement as a whole without the written consent of the other. 24. Entire Agreement This Agreement constitutes the entire agreement between the parties. There are no understandings, agreements, representations, or warranties, express or implied, not specified in this Agreement. 25. Authorization Each person executing this Agreement represents that the party on whose behalf the person is executing the Agreement has duly authorized the execution of this Agreement and that such person is authorized to execute the Agreement on behalf of such party. 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed this 5441 day of ',-1 , 2004' ALAMEDA UNIFIED SCHOOL CITY OF ALAMEDA DISTRICT e. Alan K ishino,uperintendent Rev. 11/17/04 b/h /Catellus pksiteagreement A Municipal Corporation r.r \--kk...<- , -4--.--. • C -1 11..a�-L -; Man „City Ma ger RECOMMENDED FOR APPROVAL: /,---L- uz nnepta, Director Al rriedig Recreation & Parks APPROVED AS TO FORM: Donna Mooney, Deputy City Atto ney 8 ATTACHMENT 2 ts ALAMEDA PARK - CATELLUS SITE ALAMEDA, CALIFORNIA MASTER PLAN CONCEPT 2 I 1.2 ll nil •, m 0 f.. ��i • lt etteatteek .414 040xito .,,_ -4-iiiiiiiiiiiii2:_gotathmtift...,-,ok $ in 1■11M1 • 11 111 dialed 5 ■L�7i.�i.li ■ ■renr.l.ly.l • �t1. �i�y. gm 41) �I�IIIIIIn11r>tW #W #W 41''.x. WI= WI! anallketifi 1IEI1iT1 [■- c,al �, ,•! ' I; air. 1111fIi1111i1o1111srIIQ111! . ,1111 9 ] . : rrllr1�(r7jj11c•r' Alm m ■ S9ta�loa -- ., NEB_ - ;:���iwT�`` 1iti `+ Aril F ■ w� ¶ X1111111111 !11111IIIU1111IIIIIII►!I�' Air 11 • +' IRO DM. . 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BIM MM i� AAA ABM m•Ime .11F (,I) 1 OO (I,1 g9 LL U m 44110 Igo Nedd ALINf11114103 z � °ul ALAMEDA PARK - CATELLUS SITE MASTER PLAN CONCEPT W0SIOq 'Wd 66:OT :t 1700Z /I•I/ZI '6Mp•ueld adeDspue7 \u6!sap \0' ERSE ATTACHMENT 4 ATTACHMENT 5 ALAM9E.DA PARK RECREATION AND PARKS FACILITY FLOOR PLAN & EXTERIOR ELEVATIONS Proclamation Whereas, the United Nations was founded in San Francisco in 1945, and the anniversary of its founding is observed each year on October 24th making this its sixtieth anniversary; and Whereas, the United Nations system has a commendable record of achievement and faces extraordinary challenges in preventing and resolving conflict, protecting the earth's environment, elevating standards of living through sustainable economic development, and promoting humane and democratic values; and Whereas, the work of the United Nations has a direct impact on the people of the United States and all the world's peoples, directly affecting their security, health, economic well - being, and enjoyment of basic freedoms; and Whereas, the immense challenges facing the 191 member governments of the United Nations require public support of the goals of the United Nations Charter; and Whereas, the U.N. Secretary- General and the General Assembly have called upon all peoples to observe the organization's sixtieth anniversary along with the United Nations Association of the U.S.A. and many other citizen organizations who are marking the sixtieth anniversary; NOW, THEREFORE, we, the Mayor and Council of the City of Alameda, do hereby proclaim October 2005 as United Nations Month in the City of Alameda and invite our fellow citizens to honor the mission, spirit, and potential of the United ► : . - _ and encourage participation in events that celebrate the 60th anniversary of is uni ' 4e and irreplaceable organization. Mayor ohnson Vice Mayor Marie Gilmore Councilmember Doug deHaan GIT OF4, O Fp tQ 1; n "ORATGO Councilmember Tony Daysog Councilmember Frank Matarrese Proclamation 3 -A 9 -20 -05 Proclamation Whereas, the City of Alameda supports a clean and safe environment for its residents; and Whereas, pollution prevention is an approach to environmental protection that focuses on source reduction, and is therefore a preferable strategy because there is less waste to handle and thereby, protects public health and the environment; and Whereas, pollution prevention can increase industrial efficiency and save businesses money by avoiding the need for expensive investments in waste management and cleanup; and Whereas, pollution prevention fosters both environmental protection and increased economic competitiveness; and Whereas, by focusing attention on pollution prevention, the City of Alameda will meet the challenges for improving economic competitiveness, strengthening environmental protection, and streamlining environmental regulation; and Whereas, National Pollution Prevention Week is an opportunity for government, industry, and environmental organizations to recognize the potential of pollution prevention and work together toward a prosperous and sustainable future, NOW, THEREFORE, I, Beverly Johnson, Mayor of the City of Alameda, do hereby recognize the week of September 18-24, 2005 as National Pollution Prevention Week, 2005 and urge all citizens, businesses, civic groups, government agencies and other organizations to participate in local and regional bratory and educational activities, including the Coastal Clean-Up o Saturd , September 17, 2005 and the Tire Amnesty Program on Saturday, epte $ er 2 ev Mayo son Proclamation 3-B 9-20-05 UNAPPROVED MINUTES MINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY - - - SEPTEMBER 6, 2005 - - - 6:10 P.M. Mayor Johnson convened the Special Meeting at 6:15 p.m. Roll Call - Present: Councilmembers Daysog, deHaan, Gilmore, Matarrese, and Mayor Johnson - 5. Absent: None. The Special Meeting was adjourned to Closed Session to consider: (05- ) Conference with Labor Negotiators - Agency Negotiator: Beverly Johnson; Employee: City Attorney. (05- ) Public Employee Performance Evaluation - Title: City Attorney. (05- ) Conference with Legal Counsel - Anticipated Litigation; Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9; Number of cases: One. (05- ) Conference with Real Property Negotiators - Property: 2900 Main Street; Negotiating parties: City of Alameda and Alameda Gateway, Ltd; Under negotiation: Price and terms. * ** Mayor Johnson called a recess to hold the Regular City Council Meeting at 7:25 p.m and reconvened the Closed Session at 10:05 p.m. * ** Following the Closed Session, the Special Meeting was reconvened and Mayor Johnson announced that regarding Conference with Labor Negotiators, the Council discussed labor negotiations; regarding Public Employee Performance Evaluation, the Council did not discuss the matter; regarding Conference with Legal Council, the Council directed that the matter be further researched and brought back on September 20, 2005; and regarding Conference with Real Property Negotiators, the Council directed that a response letter be sent. Adjournment There being no further business, Mayor Johnson adjourned the Special Meeting at 11:30 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 September 6, 2005 1 UNAPPROVED MINUTES MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY - - SEPTEMBER 6, 2005 - - 7:30 P.M. Mayor Johnson convened the Regular Meeting at 7:36 p.m. ROLL CALL - Present: Councilmembers Daysog, deHaan, Gilmore, Matarrese, and Mayor Johnson - 5. Absent: None. AGENDA CHANGES None. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (05- ) Library Project update. The Project Manager gave a brief presentation. Mayor Johnson stated that she continually receives positive comments from the public. (05- ) Sherri Stieg, West Alameda Business Association, announced that the Peanut Butter Jam Festival would be held on September 10 and .11, 2005 between Webster Street and Pacific Avenue; presented wine glasses to the Council; thanked the City and Alameda Power & Telecom for sponsoring the event. CONSENT CALENDAR Mayor Johnson announced that the recommendation to authorize the Mayor to send letters to federal legislators [paragraph no. 05- was removed from the Consent Calendar for discussion. Councilmember Matarrese moved approval of the remainder of the Consent Calendar. Vice Mayor Gilmore seconded the motion, which carried by unanimous voice vote - 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] ( *05- ) Minutes of the Special and Regular City Council meetings held on August 16, 2005. Approved. ( *05- ) Ratified bills in the amount of $11,953,915.90. Regular Meeting Alameda City Council September 6, 2005 1 (05- ) Recommendation to authorize the Mayor to send letters to federal legislators supporting S. 1260 (Vitter), S. 113 (Feinstein), H.R. 2353 (Rogers), and H.R. 3431 (Dent) which amend federal legislation to further restrict the establishment of tribal gambling casinos. Doug Siden, East Bay Regional Park District (EBRPD), thanked the Council for the efforts to stop the gambling casino proposal at Martin Luther King Park; encouraged continual vigilance; stated that the Tribe's application has not been withdrawn; there has been no response to EBRPD's communications to the Bureau of Indian Affairs. Mayor Johnson stated there has been a true partnership between all the affected cities, EBRPD, and the County; the public should be informed of federal representatives actions;; read a portion of the proposed legislation; stated local control at the federal level means the Governor; that she would prefer local control be more local; the Governor does not have much control over casinos; there is a lot of important work being done that will help the community. Councilmember Daysog stated that there is a slew of legislation pushing back on casinos' efforts to enter urban areas; H.R. 3431 would ensure local governments within 15 miles of a proposed site have a say; encouraged H.R. 3431 be strengthened. Councilmember Matarrese moved to approval of the staff recommendation. Councilmember deHaan seconded the motion, which carried by unanimous voice vote - 5. ( *05- ) Recommendation to accept the work of Gallagher & Burk, Inc. for repair and resurfacing of certain streets, Phase 25, No. P.W. 05- 04 -06. Accepted. ( *05- ) Recommendation to approve the Request for Proposals (RFP) for Restaurant and Bar Services at the Chuck Corica Golf Complex. Accepted. REGULAR AGENDA ITEMS (05- ) Resolution No. 13888, "Commending Alameda Free Library Director Susan H. Hardie for Her Contributions to the City of Alameda." Adopted. Councilmember Daysog moved adoption of the resolution. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. Regular Meeting Alameda City Council September 6, 2005 2 Ms. Hardie thanked the Council for the resolution; stated that it has been her pleasure and privilege to be involved with the new library project. (05- ) Resolution No. 13889, "Appointing Marilyn Ezzy Ashcraft as a Member of the Economic Development Commission." Adopted; (05- A) Resolution No. 13890, "Reappointing Robert F. Kelly as a Member of the Economic Development Commission." Adopted; and (05- C) Resolution No. 13891, "Reappointing Anthony M. Santare as a Member of the Golf Commission." Adopted. Councilmember Matarrese moved adoption of the resolutions. Councilmember Daysog seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Daysog, Gilmore, Matarrese, and Mayor Johnson - 4. Absent: Councilmember deHaan - 1. [Note: Councilmember dHaan was away from the dias when the matter was voted upon.] The City Clerk administered the Oath and presented certificates of appointment to Ms. Ashcraft and Mr. Santare. (05- ) Public hearing to consider Introduction of Ordinance "Amending Alameda Municipal Code by Amending Chapter XIII (Building and Housing) by Repealing Article I, Section 13 -4 (Alameda Electrical Code) in Its Entirety and Adding a New Article I, Section 13 -4 (Alameda Electrical Code) to Adopt the 2004 California Electrical Code and Approve Certain Amendments Thereto." Introduced. The Acting Planning and Building Director gave a brief presentation. Mayor Johnson opened the public portion of the Hearing. There being no speakers, Mayor Johnson closed the public portion of the Hearing. Councilmember deHaan moved introduction of the Ordinance. Vice Mayor Gilmore seconded the motion, which carried by unanimous voice vote - 5. (05- ) Public hearing to consider an Appeal of the Historical Advisory Board's decision to impose penalties for unauthorized demolition. The site is located at 616 Pacific Avenue, within the R -4, Neighborhood Residential District. Applicant /Appellant: Erwin Regular Meeting Alameda City Council September 6, 2005 3 Roxas; and (05- A) Resolution No. 13892, "Granting the Appeal and Overturning the Historical Advisory Board's Decision to Uphold the Five -Year Stay in Development for the Property Located at 616 Pacific Avenue." Adopted. The Supervising Planner gave a brief presentation. Councilmember Daysog stated that the site's historic designation is Level H; inquired whether Levels A through G are before Level H. The Supervising Planner responded that designation "N" is for buildings that could be placed on the National Register, "S" is for buildings that could be placed on the State Register, and "H" is the lowest level for potentially historic buildings that require further investigation. Mayor Johnson opened the public portion of the Hearing. Opponent (Not in favor of appeal): Kevin Frederick, Alameda. Proponent (In favor of appeal): Paul Rezucha, Alameda. There being no further speakers, Mayor Johnson closed the public portion of the Hearing. Mayor Johnson stated that she could not tell from the drawings that 24 studs were retained; the neighbor mentioned that studs from the north and west walls were being retained; inquired whether parts of the walls would be used in the interior of the house. The Acting Planning and Building Director responded in the affirmative. Mayor Johnson inquired whether any of the exteriors walls would remain, to which the Acting Planning and Building Director responded that the side wall and part of the front wall would remain. Mayor Johnson stated that the west and front walls appear to be completely new. The Acting Planning and Building Director stated that the walls on the right -hand side of the house and most of the front wall would remain; a number of the back and left side walls would be inside; the ordinance addresses demolition of more than 30% of the value of a home; enclosing an exterior wall is not considered demolition. Mayor Johnson inquired whether the intent of the ordinance was to Regular Meeting Alameda City Council September 6, 2005 4 preserve the historic structure; questioned how retaining some of the studs preserves a historic structure. The Acting Planning and Building Director responded that the ordinance was intended to preserve the historic structure; the first floor, side wall, and front wall would remain; the roof would be raised; determining that the demolition would be less than 30% was reasonable. Mayor Johnson stated that the front and west walls look like new walls. The Acting Planner /Building Official stated that the front wall would be changed; the original house had 45 degree angles at the corners; the new house would be squared off; the side walls would remain; moving doors and windows is not considered demolition. Mayor Johnson stated the issue is deconstruction versus demolition; the owner believes that deconstruction is not demolition. The Acting Planning and Building Director stated that he truly believes that the owner understood that the Planning Department gave permission to dismantle or deconstruct, stack the pieces in the backyard, and put the pieces back when the dry rot was repaired; the ordinance needs to be reviewed; interpretation is somewhat vague. Mayor Johnson stated the ordinance is not doing what was intended, is not protecting the historic assets, and could result in more damage than protection; inquired what are the options under the ordinance; stated that she did not understand how the 3,400 square foot structure got through the design review process; the houses in the area are smaller, one -story craftsman style homes; a 3,400 square foot home is gigantic for the neighborhood. The Acting Planning and Building Director stated the lot is one of the biggest on the block; there are 21 residential structures, including 10 two -story homes and 11 one -story homes ranging from 792 to 4,480 square feet; 17 of the structures are single - family dwellings, 3 are duplexes, and one is a 5 -unit apartment building; three buildings are between 3,000 and 3,500 square feet each directly in back of the lot on Lincoln Avenue; 15 of the buildings are owner- occupied and 6 are rentals; the construction period ranges from 1895 to 1999; the neighborhood has a fairly good mix [of houses] . Mayor Johnson stated that the design review process needs to be reviewed; there are commercial and two -story structures in the area; Lincoln Avenue structures should not be considered; inquired whether moving a piece of the structure counts as demolition. Regular Meeting Alameda City Council September 6, 2005 5 The Acting Planning and Building Director responded not necessarily; the project is viewed as a whole to determine if demolition is more or less than 30 %; a new, red stamp will be placed on all plans to indicate the Historical Advisory Board's (HAB's) approval is needed prior to demolishing more than 30% of a pre -1942 home. Mayor Johnson stated the issue needs to be reviewed; people think that deconstruction and reconstruction do not count as demolition. Vice Mayor Gilmore stated the demolition issue is being reviewed independently; someone could demolish less than 30% of a house and build a structure that does not look historic; on the other hand, a 50% demolition and remodeling project could retain the historic look; that she is not sure how the demolition can be separated from the design review; the matter needs to be reviewed in terms of what is being protected. The Acting Planning and Building Director stated the exterior walls and roof percentages are reviewed. Mayor Johnson stated that the design does not reflect the historic character of the building. Councilmember Daysog inquired when demolition versus deconstruction issues would be addressed. The Acting Planning and Building Director responded the issues would be addressed as quickly as possible; that he would like to review other jurisdiction's process. Councilmember Daysog stated the situation is unfortunate; the existing ordinance needs to be clarified; the Appellant needs to move forward with the project for reasons stated in the report; staff and the Appellant have different interpretations; suggested moving forward with the project and, at the same time, move forward with resolving the larger issues. Vice Mayor Gilmore inquired how the dry rot issue should be handled from a construction standpoint. The Acting Planning and Building Director responded that rotted wood needs to be removed; new members could be attached if termite damage has been repaired; termite repair can be more than 30% of a house. Mayor Johnson stated the Appellant should have been referred to the HAB to get a demolition permit when the rot was discovered. Regular Meeting Alameda City Council September 6, 2005 6 Councilmember Matarrese inquired what would be the implication in upholding the five -year stay. The Supervising Planner responded the Appellant would need to provide a landscaping plan and maintain the site for five years with no building on it. Councilmember deHaan stated there are other dynamics occurring; inquired how many similar projects there are in the City. The Acting Planning and Building Director responded there are three projects subject to the ordinance. Councilmember deHaan inquired whether one project was resolved, to which the Acting Planning and Building Director responded in the affirmative. Councilmember deHaan stated the bubble has been lost in the interpretation of the ordinance; he is concerned with retaining the architectural design; the scale seems to be imposing on the neighborhood; inquired what the adjacent houses look like. Mayor Johnson responded that the adjacent houses are both two -story structures; that she does not recall the houses being close to 3,400 square feet. The Acting Planning and Building Director stated that the adjacent houses are approximately 1,500 square feet each. Councilmember deHaan stated that there are multiple dwellings that are expanding and becoming disproportional to the adjacent housing; inquired whether the HAB reviews the issue. The Acting Planning and Building Director responded that the HAB would address the issue if a historical structure was involved. Councilmember Daysog inquired what floor area ratio was being employed. The Acting Planning and Building Director responded that he was not sure; stated that the floor area ratio falls within the lot coverage requirements. Councilmember Daysog inquired what was the maximum lot coverage. The Acting Planning and Building Director responded 40 %; stated the lot is deceiving because of the area behind the neighbor's garage. Mayor Johnson stated the portion that goes around the corner is not visible; the house would be very large on the lot; inquired whether Regular Meeting Alameda City Council September 6, 2005 7 a fine could be imposed instead of the five -year penalty. The Acting Planning and Building Director responded there would be increased fees based on the valuation of the construction, for work without permit, and for investigation. Mayor Johnson stated other people should not be allowed to deconstruct and reconstruct until the ordinance is revised. The Acting Planning and Building Director stated that the staff is erring on the cautious side and referring people to the HAB. Councilmember Daysog stated the lot would be roughly 9,450 square feet if the dog run was not included, which would be a .37% floor area ratio; housing should be viewed in terms of adjacent homes as well as appropriate lot size; the home fits the lot size; there is not a monstrous home affect. Councilmember Matarrese inquired whether the direction has been given to refer people to the HAB, to which the Acting Planning and Building Director responded that people are being referred to the HAB if demolition appears to be close to 30 %. Councilmember Matarrese stated that 30% could be a calculation based on the structure of the building and not necessarily in context with the intent of the ordinance; there should be some discretion applied or guidance adopted; allowing 25% or 30% demolition to the front of a building and roofline would not meet the real intent of the ordinance; inquired whether there is any refinement on the plan check level that ties back to the issue of design review. The Acting Planning and Building Director stated that he makes the 30% determination during design review; that he always gives more weight to the removal of exterior walls, particularly front walls, versus interior walls. Councilmember Matarrese inquired whether there was any guidance being given now to prevent misinterpretation. The Acting Planning and Building Director responded that there are no new guidelines; staff would be looking more closely. Mayor Johnson stated that the Council needs to know that the intent of the ordinance will be carried out; the drawings do not show any resemblance to the original house. Councilmember deHaan stated 30% is hard to interpret; inquired whether the percentage should be more. Regular Meeting Alameda City Council September 6, 2005 8 The Acting Planning and Building Director responded a method other than percentage should be defined. Mayor Johnson stated that there is no need to wait for an ordinance revision to carry out the intent; noted that a defacto demolition of a historic structure will not be allowed because of a badly drafted ordinance. The Acting Planning and Building Director stated that the matter is being addressed; there should not be any similar issues in the future. The City Manager stated that there have been many internal discussions regarding the lack of direction in some parts of the ordinance; inconsistencies need to be address; guidelines would be handled internally. Mayor Johnson inquired whether deconstruction and reconstruction would be addressed, to which the Acting Planning and Building Director responded in the affirmative. The City Manager stated that HAB input would be sought. Vice Mayor Gilmore stated some structures have the potential for historic designation but have not been certified; home owners should not have to jump through hoops if the house is not truly historic; many houses are old, but not historic; she does not want to preserve old, non - historic houses; inquired how the issue could be balanced. Mayor Johnson stated that owners can apply to have their houses removed from the historic study list. Councilmember Matarrese stated that the "H" designation is for old houses that may have the potential to be historic, but need to be studied more; houses may not be worth further study; a withdrawal process for non - historic houses may be necessary; the project's character issues can be addressed in design review. Councilmember deHaan stated that 500 Central Avenue is a historical structure. The Supervising Planner stated that 500 Central Avenue has an "S" designation. Councilmember deHaan stated that 30% demolition for 500 Central Avenue was unrealistic and should have been at 80 %; stated that he has concerns with how tonight's decision would impact the two other outstanding projects. Regular Meeting Alameda City Council September 6, 2005 9 The Acting Planning and Building Director stated that tonight's decision would only affect 500 Central Avenue; the other property was not a listed building; there is another set of criteria for pre -1942 houses; there was a whole different set of facts regarding 500 Central Avenue; the owner was aware of what he was doing. Mayor Johnson inquired whether the owner's awareness was a distinction that could be used. The Acting Planning and Building Director responded that he thought so; the owner tore down a house on the same property last year without permits. Mayor Johnson stated not setting precedents is important; inquired whether the Appellant would have been successful in removing the property from the historical list at either the HAB or Council level. The Acting Planning and Building Director responded that staff believes that the Appellant would have been granted a certificate of approval for demolition if sought prior to demolition; the house has been significantly remodeled in the past 100 years; the house is very similar to a building that received a certificate of approval for demolition from the HAB; the Appellant was denied after the fact. Mayor Johnson stated that contributing factors are part of the ordinance. The City Manager stated that the ordinance needs to be reviewed in terms of options and penalties; each project will be reviewed and determinations will be made based upon the circumstances of the building. Mayor Johnson inquired whether hold harmless clauses are standard on planning and building resolutions. The City Attorney responded the clause is not standard; the clause is requested to be included in certain cases. Councilmember deHaan stated that much of tonight's discussion is based upon interpretation; stated that he is comfortable with the staff's recommendation based upon what has been provided. The Acting Planning and Building Director stated that the Alameda Architectural Preservation Society (AAPS) is very active; AAPS regularly advises him when there is any hint of activity. Vice Mayor Gilmore inquired whether residents are advised about the process to have their houses de- listed; some ambiguity could be Regular Meeting Alameda City Council September 6, 2005 10 cleared. The Acting Planning and Building Director responded there is not a current process. Councilmember Daysog stated many issues suggest the need to strengthening the ordinance with regard to demolition /deconstruction of historic properties; the project should move forward; the Appellant was working in good faith; there appears to be strong reasons for moving forward with the project while the ordinance is improved. Councilmember Daysog moved to approval of the staff recommendation. [Adoption of the resolution Granting the Appeal and directing the City Manager to review provisions of Section 13 -21 of the Alameda Municipal Code related to the demolition of historic structures and develop, with input from the community and HAB, recommended amendments and penalty options.] Mayor Johnson inquired whether the design issue could be re- examined. The Supervising Planner stated that the design review has already been approved; the Appellant has been acting under the approval. Mayor Johnson stated that 3,400 square feet is too much for the neighborhood. The Supervising Planner stated that the Appellant could be requested to consider re- design; noted the Appellant has already pulled permits and has vested the construction. Mayor Johnson stated people will question why the project was approved in ten years. Councilmember Daysog stated that he understands Mayor Johnson's concern with the size, but that the footprint is appropriate for the parcel. Mayor Johnson stated lot coverage cannot be dealt with in a vacuum; the rest of the neighborhood needs to be addressed; requested that staff inquire whether the Appellant would be willing to look at the design review issue. Vice Mayor Gilmore stated that she sympathizes with Mayor Johnson's concern about the size of the house; Alameda property owners have certain rights if the structure fits within the box of the zoning code; zoning for every other property in the City would be changed unless the zoning code is changed. Regular Meeting Alameda City Council September 6, 2005 11 Mayor Johnson stated that the issue should be re- examined; lot coverage is not an entitlement; there is a design review standard for neighborhood compatibility. Councilmember deHaan stated that the house would be architecturally the same if cut back by 800 to 1,000 square feet. Councilmember Daysog inquired what the neighbors thought about the project. The Acting Planning and Building Director responded that there was a ten -day notice and no comments were received. Mayor Johnson inquired who received the notice, to which the Acting Planning and Building Director responded the property owners. Mayor Johnson stated renters would not be informed about the project. The Acting Planning and Building Director stated that the neighborhood is predominately owner occupied; County records indicate that 15 of the 21 buildings are owner occupied; 6 of the buildings are rental. Mayor Johnson requested staff to address the possibility of redesign with the Appellant. * ** Mayor Johnson called a recess at 9:01 p.m. and reconvened the Regular City Council Meeting at 9:10 p.m. * ** The Acting Planning and Building Director stated that the Applicant is unable to redesign the house; the house is designed for an elderly person in a wheelchair; the hallways are 5 feet wide; several bathrooms have a turning radius for a wheelchair. Mayor Johnson stated redesigning the side wall would make the house look better; noted the wall looks like a factory wall. Councilmember deHaan concurred with Mayor Johnson; stated that an architectural separation between the stories would not be that costly. The Acting Planning and Building Director stated that the Appellant could be requested to consider a different exterior side wall design. The Appellant agreed. Regular Meeting Alameda City Council September 6, 2005 12 Mayor Johnson stated the building could look a lot better than the drawings; less detailed work is easier for an owner- builder; making the building look better is worth the effort; the larger issue of design review needs to be addressed; awareness of neighborhood compatibility needs to be addressed in the design review process. Councilmember deHaan seconded the motion, which carried by unanimous voice vote - 5. (05- ) Resolution No. 13893, "Empowering the City Attorney to Employ Special Legal Counsel." Adopted; and (05- A) Recommendation to approve Policy regarding Hiring Procedures for Special Legal Counsel. Councilmember Daysog extended his appreciation to the City Attorney for addressing some of the Council's issues; stated that the resolution is not just for the Council but for the City for many years. Vice Mayor Gilmore moved adoption of the resolution. Councilmember deHaan seconded the motion, which carried by unanimous voice vote - 5. ORAL COMMUNICATIONS, NON - AGENDA (05- ) Former Councilmemer Lil Arnerich, Alameda, discussed disaster preparedness; stated that the Council should take charge in working with the Police, Fire, Public Works Departments, and schools to ensure that there is a detailed plan to provide emergency services and information to the community in case of a disaster; submitted a list of the Alameda County Fair's response team. Mayor Johnson inquired whether the table top exercise was performed once a year. Mr. Arnerich responded in the affirmative; stated that the exercise is different from the City's exercise; noted the responsible parties should be identified before a disaster occurs; the table top exercise has been conducted every year for six years and works very well. (05- ) Bill Smith, Alameda discussed work /live studios, 500 Central Avenue, and fast boats. COUNCIL COMMUNICATIONS (05- ) Consideration of Mayor's nominations for appointment to Regular Meeting Alameda City Council September 6, 2005 13 the Civil Service Board, Economic Development Commission, Historical Advisory Board, Housing and Building Code Hearing and Appeals Board, Public Art Commission and Recreation and Parks Commission. Mayor Johnson nominated Karen Lee and K.C. Rosenberg for reappointment to the Public Art Commission, and Terri Bertero Ogden for appointment to the Recreation and Parks Commission. (05- ) The Fire Chief provided information on Hurricane Katrina Disaster Relief and the City's Emergency Operation Plan and upcoming exercises. Mayor Johnson stated that a lot of communication has been received regarding Hurricane Katrina and the City's disaster preparedness; noted that the Fire Chief would provide information on how the community could help the hurricane victims. The Fire Chief stated that Hurricane Katrina is a challenging and unique type of disaster; continual flooding waters have delayed infrastructure repair; financial contributions are needed; provided contact information for the American Red Cross, the Salvation Army and the United Way, Bay Area; stated that the City's Emergency Operation Plan is very comprehensive and outlines who is in charge and the responsibilities of each individual; the Mayor and the Council are the policy makers; the City Manager is in charge of the Emergency Operations Center (EOC); the City Manager would provide information on key decision points to the Council; EOC staff would work 12 -hour shifts throughout the duration of a disaster; the City has a siren and warning system to effectively alert the community in an emergency; the system keys the community to tune into Channel 15 or 1280 AM on the radio; there are over 100 people trained through the Community Emergency Response Team (CERT); some teams have been organized in specific areas; there will be a series of table top exercises in October and a functional exercise in November; the EOC would be activated during the table top exercises; the City Manager and staff would be present and would be given a complex scenario; logistical issues such as shelter, lost power and water, and accesses to the City are addressed; the emergency responders would work through a City -based scenario during the functional exercise, while the Council would be making policy decisions. Mayor Johnson stated that it would be good for Councilmembers to attend the exercises; part of the exercise should address which issues are policy orientated; Councilmembers need to know where to report and what their responsibilities are when a disaster occurs; the phones and cable channels might not work during a disaster. The Fire Chief stated that the Council would report to the Regular Meeting Alameda City Council September 6, 2005 14 Chambers. Mayor Johnson stated that she was not sure that the Council should report to the Chambers if the electricity and cable are not working; the issue needs to be addressed. The Fire Chief stated that the first process would be for the Council to report to the Chambers; another building would be specified if the equipment in the Chambers was not working. Mayor Johnson stated that she would like to better understand the intent of having the Council report to the Chambers. The Fire Chief stated that the Council would be involved in the planning process. Mayor Johnson stated that the Council needs to be better informed and confident that plans are in place; stated that the Council needs to know the worst -case scenario; there is a lot of sandy soil and fill throughout the City; more than the bridges could be lost in the event of an earthquake; some issues that the Council needs to address are: how people would be evacuated, whether helicopters would be available, and what would happen to the water supply; people need to know how to turn off gas lines; stated that cable communication would most likely be out during a disaster. Councilmember Matarrese requested a current copy of the City's Emergency Operation Plan and that the matter be agendized for discussion; stated that questions have been raised regarding the placement of people and the use of public facilities including the schools; that he would rather not wait until the exercise is performed in October; the matter needs to be addressed as soon as possible; recommendations could be made and policy direction could be given on what is in place now. The City Manager stated that the Council would be provided with a copy of the Emergency Operation Plan and that the matter could be placed on an agenda for future discussion; issues that need direction would be identified; sheltering questions could be answered through the City's relationships with other agencies; tonight's intention was to ensure that the audience knows where contributions can be made to the current disaster victims and that the City has a plan in case a disaster occurs. Councilmember deHaan stated that everyone has a heavy heart right now; the gas surge was a best -case scenario; resources were available to handle the situation; the liquefaction was monumental (particularly at the Naval Air Station) during the earthquake; tonight's discussion is timely; noted that he was sorry the discussion had to be within the current circumstances; stated that Regular Meeting Alameda City Council September 6, 2005 15 the comments are worthwhile and appreciated; the Council has responsibilities; stated that he takes the responsibility seriously; he is concerned with communication and support resources in the City; the Fire and Police Departments are on 24 -hour shifts, but other departments are not; stated that he looks forward to further discussion. (05- ) Councilmember Daysog requested: 1) an update on the status of the live /work issues, 2) a timetable outlining when the matter would be addressed, and 3) an update on the court issues. (05- ) Councilmember Daysog requested a review of current and future developments occurring in the City of Oakland that could have impacts on the City of Alameda; stated that a recent cable television show mentioned a project that would be occurring at Jack London Square. (05- ) Councilmember Daysog stated that there seem to have been a number of accidents at the intersection of Constitution Way and Pacific Avenue; there was an accident yesterday around 4:00 p.m.; the Police and Fire Departments responded quickly; there was a death at the location last year and another death one block up; requested the area be reviewed such as the possibility of bushes being too high. (05- ) Councilmember Daysog stated that he was glad that disaster readiness was on the minds of everyone; the next disaster or terrorism strike is not a matter of if, but when; planning ahead . benefits the community. (05- ) Councilmember Matarrese stated that he received a communication from the town of Asuchio, El Salvador in response to a request from the Social Service Human Relations Board's (SSHRB) Sister City Committee; requested the response be conveyed to the SSHRB for consideration. (05- ) Councilmember Matarrese stated that there is a proposed development between 29th Avenue and 23rd Avenue below International Boulevard in Oakland for 800 to 1200 units of housing; the two streets feed into the Fruitvale and Park Street Bridges; the City should keep an eye on development that occurs on both sides of the Estuary. (05- ) Councilmember deHaan stated periodic updates on the budget are supposed to be provided to Council; inquired how often the updates were to occur. Mayor Johnson responded quarterly. The City Manager stated that an update is scheduled for next month. Regular Meeting Alameda City Council September 6, 2005 16 Councilmember deHaan inquired when the ten -year forecast would be presented, to which the City Manager responded November, along with the infrastructure budget. ADJOURNMENT (05- )There being no further business, Mayor Johnson adjourned the Regular Meeting at 10:00 p.m. in memory of the Hurricane Katrina victims. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Council September 6, 2005 17 September 15, 2005 Honorable Mayor and Councilmembers: This is to certify that the claims listed on the check register and shown below have been approved by the proper officials and, in my opinion, represent fair and just charges against the City in accordance with their respective amounts as indicated thereon. Check Numbers 140387 - 140839 EFT 137 EFT 138 Void Checks: Amount 2,234,257.22 1,548,928.70 25,610.00 139838 (1,165.00) GRAND TOTAL 3,807,630.92 Respectfully submitted, meta J. Sibley Si btl. Council Warrants 09/20/2005 BILLS #4 -B 09/20/05 CITY OF ALAMEDA MEMORANDUM DATE: September 13, 2005 TO: Honorable Mayor and Council Members FROM: Debra Kurita City Manager RE: Quarterly Financial Report for Period Ending June 30, 2005 (Year -End) BACKGROUND The unaudited year -end financial report for the fiscal year 2004 -05 for all City funds has been completed and is attached as Exhibits A -E. Maze and Associates will audit the City's financial records with final fieldwork scheduled for October 2005. The final audit report for the period ending June 30, 2005 is scheduled to be presented to the Council no later than December 6, 2005. DISCUSSION /ANALYSIS Enclosed are Exhibits A -E detailing, by fund category, the profile of the 2004 -05 expenditures and revenues. Combined expenditures (all funds including Alameda Power & Telecom and Alameda Housing Authority) for 2004 -05 totaled $285,025,090. Estimated combined revenues totaled approximately $267,045,589. Fund balances and bond proceeds complement the revenues to meet current year expenditures. General Fund expenditures, including transfers to other funds totaled $65,082,289, while actual revenues were $66,363,661. Actual revenues collected were 2.3% less than our revised projection of $67,895,510. Actual expenditures were 2.1% less than the revised projection of $66,456,337. On June 30, 2005 the City posted a fund balance of $19,527,101, an increase of $1,281,372. The following table details estimates compared to actual for the fiscal year. The detail of the revenues and expenditures by category are found at Exhibits C and D. Report 4 -C 9 -20 -05 Dedicated to Excellence, Committed to Service 2004/05 Revised 6/30/05 Variance Variance Estimate Actual Amount % Revenue $67,895,510 $66,363,661 $(1,531,849) 2.3% Expenditure $66,456,337 $65,082,289 $(1,374,048) 2.1% Balance $ 1,439,173 $ 1,281,372 $ 157,801 10.9% The detail of the revenues and expenditures by category are found at Exhibits C and D. Report 4 -C 9 -20 -05 Dedicated to Excellence, Committed to Service Honorable Mayor and Councilmembers General Fund Revenues: September 13, 2005 Page 2 General Fund Revenues Categories Actual Percent Actual Percent Actual 2004 -05 Change 2003 -04 Change 2002 -03 Property Taxes $16,347,496 6.7% $15,316,019 3.5% $14,793,277 Other Local Taxes 25,807,846 6.7% 24,198,483 6.0% 22,833,267 Licenses and Permits 3,563,063 24.0% 2,873,025 16.9% 2,458,386 Use of Money & Property 1,119,288 22.5% 913,860 (61.4)% 2,366,059 Fines & Forfeitures 716,948 2.4% 699,835 (4.5)% 732,588 Revenues from other agencies 5,675,711 27.4% 4,455,578 (14.9)% 5,235,234 Current Services 6,715,779 9.1% 6,153,592 0.1% 6,144,901 Contributions from other Funds 5,479,512 (20.9)% 6,923,749 45.3% 4,765,898 Equipment Replacement 938,018 (29.1)% 1,322,479 13.0 1,170,516 Grand Total $66,363,661 5.6% $62,856,620 3.9% 60,500,126 The City's General Fund revenues increased by 5.6% over the prior year primarily in revenues from other agencies, licenses and permits and use of money and property. The City derives a significant portion of its General Fund revenues from an economically sensitive mix of sources. Some of the more economically sensitive sources include property tax, sales tax, utility users tax, construction related permit fees and property transfer tax. Property tax revenues increased by 6.7 %, which supports the fact that Alameda continues to be a desirable place to live and do business. However, it is important to note that Fiscal Year 2004 -05 was the first year of state funding restructuring under Proposition 1A. The "Triple Flip" reduced our property tax revenues by $990,741. On the other hand, sales tax allocations from the county pool added $1,297,960 to the property tax revenues. Ignoring this additional $307,219 would result in an increase year- over -year of 4.7 %. Other local taxes increased by 6.7 %, with the largest increase in in -lieu taxes, transfer taxes and transient occupancy tax. Sales tax revenues decreased 14.3% from the prior year. Utility users tax revenues were 2.3% greater than the prior year. Franchise fees increased 4.3% overall. The 24% increase in licenses and permits as compared to the prior fiscal year is due to increases in the following revenue sources: building, electric & plumbing permits ($358,475) and Business Licenses ($145,248). The increase of 22.5% over the prior year in use of money and property is partly a result of the implementation of GASB 31, which mandates that gains and losses generated by fluctuating market values of securities be systematically recognized. Fluctuation or changes in federal monetary policies, money supply and demand, and the economic outlook as a whole, drive market values of securities up or down. It is important to note that market values fluctuate regularly and that these gains and losses are not realized unless the securities are liquidated. Annually, however, these gains and losses are Dedicated to Excellence, Committed to Service Honorable Mayor and September 13, 2005 Councilmembers Page 3 netted against investment earnings. The General Fund's share of investment income for 2005 was $1.014 million compared to $.791 million in 2004. The 27.4% increase in "Revenues from Other Agencies" is primarily from the increase in subventions for vehicle in lieu fees and donations and /or one time revenue. The 20.9% decrease in contributions from other funds is primarily due to realignment of cost allocations primarily to ARRA. General Fund Expenditures: General Fund expenditures increased by 0.6% over the prior year. The largest single increase over the prior year is a 38.8% increase in contractual services. General Fund expenditures were less than appropriations by 2.07% or $1,347,048. A comparison of General Fund expenditures by major activities is as follows: General Fund Expenditure Category Actual 2004 -05 Percent Change Actual 2003 -04 Percent Change Actual 2002 -03 General Govt. 6,427,414 6.0% 6,064,031 -2.5% 6,221,364 Public Safety 41,395,355 2.6% 40,352,629 8.3% 37,250,909 Planning & Bldg. 2,937,265 -1.4% 2,979,199 2.1% 2,917,428 Public Works 6,117,975 -1.2% 6,192,657 -0.3% 6,208,408 Recreation and Parks 3,622,842 -2.7% 3,721,627 0.5% 3,702,565 Depreciation 970,375 -13.0% 1,114,745 0.0% 1,114,792 Equip. Replacement 455,681 -32.6% 676,076 -12.5% 772,226 Capital Outlay 62,659 40.7% 44,539 -72.0% 159,028 Transf. + Non Dept 2,118,875 -18.3% 2,594,662 6.9% 2,427,807 Debt Service 973,848 4.7% 930,000 77.1% 525,000 Total 65,082,289 0.6% 64,670,165 5.5% 61,299,527 The following charts display the General Fund expenditures by major activities and by type for comparative purposes. Expenditures by Type • Salaries & Benefits • Supplies ❑ Services ❑ Capital Outlay • Debt Svc & Trsfs Dedicated to Excellence, Committed to Service FY05 Expenditures by Major Activities 410 • General Govt. • Public Safety 0 Planning & Bldg ❑ Public Works • Rec & Parks • Depreciation • Equip Repl ❑ Capital Outlay • Transf +non dept • Debt Service Expenditures by Type • Salaries & Benefits • Supplies ❑ Services ❑ Capital Outlay • Debt Svc & Trsfs Dedicated to Excellence, Committed to Service Honorable Mayor and September 13, 2005 Councilmembers Page 4 Reserves: For the year ended June 30, 2005, $1,281,372 will be added to General Fund reserves for a total of $19,527,101. The Council's stated goal is 25% of operating expenses should be held in reserve. The target for year -end is $16,270,572. The Governmental Accounting Standards Board (GASB) requires that the accrued vacation liabilities and post employment health benefits be designated at year -end. These items represent $3,862,814 of the fund balance. Further, $5,858,995 in loans to other funds are outstanding as of year -end. The City of Alameda, consistent with the requirements of the Governmental Accounting Standards Board, has established a number of required reserves in its various funds, i.e. Risk Management Fund, Unemployment Insurance Fund and reserves for compensated leave. The reserves reflected in the Risk Management Fund are for reported and incurred claims. Other City Funds: A brief discussion of the activities of the Special Revenue Funds can be found on the attached Exhibit A titled "Special Revenue Funds ". The corresponding financial information for all Special Revenue Funds is contained in Exhibits F, G and H. BUDGET /FINANCIAL IMPACT The attached exhibits outline the budget to actual comparison for revenues and expenditures for all City funds. In addition, a "Summary Analysis of Funds" is attached herein as Exhibit H. It is important to note that these are unaudited results for the 2004- 2005 fiscal year. RECOMMENDATION Accept the unaudited financial report for year ending June 30, 2005. JB /dl Respectfully submitted, V -Ann Boy ief Financial Officer Dedicated to Excellence, Committed to Service Honorable Mayor and September 13, 2005 Councilmembers Page 5 Attachments: Exhibit A — Special Revenue Funds analysis Exhibit B — Recap Exhibit C — General Fund Revenue Exhibit D — General Fund Expense Exhibit E — General Fund Adjustments for Quarter 4 Exhibit F — Special Revenue Funds, Revenue Exhibit G — Special Revenue Funds, Expense Exhibit H — Summary of Adjustments — Other Funds Quarter 4 Exhibit I — Summary Analysis of Funds G: \FINANCE \CO U N CI L\2005 \090605 \QtrFi nyea rend.doc Dedicated to Excellence, Committed to Service EXHIBIT A SPECIAL REVENUE FUNDS ANALYSES Police /Fire Impact Fees Fees calculated for police and fire impacts of new construction. Fees collected were $82,880 and $35,000 was expended for debt service. The fund balance at June 30, 2005 was $53,379. Construction Improvement Fund Established to set aside monies for major capital improvement projects not otherwise provided. Revenues were $826,783; $278,956 was expended leaving a fund balance of $1,013,302 at June 30, 2005. Library Operations Fund Revenues from the 1.75 cent property tax plus fines and other miscellaneous revenues totaled $2,840,914 while operating costs totaled $2,918,223. The operating deficit was covered by a beginning fund balance thus leaving a fund balance of $11,967 at June 30, 2005. Gas Tax Funds Revenues recovered from the State under Streets and Highways Code Sections 2105, 2106, 2107 and 2107.5 totaled $1,410,349. Expenditures for street maintenance and construction projects totaled $1,338,188. The fund balance at June 30, 2005 is $72,161. Traffic Safety Fund The City's share of receipts from moving violation citations issued by the Alameda Police Department totaled $190,052. These funds were expended leaving a zero balance at year- end. Measure B Funds Voter - approved November 1986. Our pro -rata share of the one -half cent sales tax generated $34,876 in revenues and $960,270 was expended for projects. The remaining fund balance is $691,902 at June 30, 2005. 1 Exhibit A (cont.) Measure B 2000 (Voter- approved November 2000) The fund is divided into seven categories with restricted uses. Uses and fund balances are as follows: • Local streets and roads • Bicycle and pedestrian improvements • Alameda Ferry • Paratransit • Capital construction projects • Gap funding • New county program Tidelands Fund $1,210,167 $86,528 $586,790 $245,160 $110,721 -0- -0- This trust fund accounts for revenues from tidelands property leases of $291,974. Expenditures of $129,654 were made from maintenance of the properties. The fund balance was $903,773 as of June 30, 2005. Narcotics Asset Seizure Fund Revenues are derived from the sale of assets confiscated from convicted felons. This year's revenues were $24,286. Expenditures of $47,005 were made to pay debt service for the jail construction projects. The fund balance was a deficit of $(83,273) at June 30, 2005. Dwelling Unit Tax Fund Enabling legislation directs 5/6 of the fees collected be used for park improvements and 1/6 to the Library Construction Fund. Of the $158,497 in revenues, $26,286 was transferred to the Library Construction Fund and $137,058 was expended on park maintenance and park improvements. The fund balance is $42,840 as of June 30, 2005. Parking In -Lieu Fund Fees are collected against certain properties and are expended for parking projects. Interest of $1,215 was earned but no other fees were collected. The fund balance is $72,038 as of June 30, 2005. Parking Meter Fund Parking meter revenues are collected from Park Street, Webster Street and other city lots. Revenues totaled $516,605 while expenditures were $1,461,783 leaving a balance of $1,306,675 as of June 30, 2005. 2 Exhibit A (cont.) Vehicle Registration Surcharge (AB 434) This fee imposed on all registered vehicles was intended to help fund traffic management programs. This year, only interest income of $636 was received. The fund balance as of June 30, 2005 is $37,722. Garbage Surcharge Fund A surcharge on residential and commercial accounts funds the closure and monitoring of the former dumpsite. Revenues were $182,937 and expenditures were $141,495 with a fund balance of $472,232 as of June 30, 2005. Curbside Recycling Fees are no longer collected. However, interest revenues were $14,227 while expenditures were $72,563. The fund balance is $188,883 as of June 30, 2005. Waste Reduction Surcharge This revenue is intended to reduce the volume of trash and is a fee paid by the franchise. In addition, revenues are received from County Measure D. This year the funds received were $810,356 and expended were $464,494 for programs related to volume reduction. The fund balance at June 30, 2005 is $4,159,188. Assessment Districts (Operations and Maintenance) There are three districts and one district has seven zones. Revenues from property assessments plus interest earnings totaled $1,275,858 while expenditures totaled $975,033. The sum of fund balances was $871,019 as of June 30, 2005. Athletic Trust Participants in the recreation fee programs paid fees totaling $1,624,170 while the cost to provide the programs was $1,535,087. The fund balance at June 30, 2005 was $450,975. Public Art Fund Developer contributions support the purchase and placement of public art in new commercial, industrial, residential and municipal areas. At June 30, 2005 the fund balance was $15,065. Senior Citizen Transportation Assistance Fund 3 Exhibit A (cont.) Door -to -door transportation service for frail, elderly and /or disabled persons is provided by county grant monies administered by the Metropolitan Transportation Commission. Revenues and expenditures were each $80,136. The fund balance is $26,022 as of June 30, 2005. Dike Maintenance The Bay Farm Island Reclamation District has paid into this trust for the continued maintenance and operation of various dikes on Bay Farm Island. The investment income added $5,367 to the fund balance of $318,164 as of June 30, 2005. The following funds are managed by the Development Services Department and represent the major redevelopment, economic development and community development projects and programs with oversight by the City Council, the Community Improvement Commission and the Alameda Reuse and Redevelopment Authority. West End Community Improvement Project Redevelopment — incremental property taxes from the designated area are distributed to owners, to low- and moderate - income housing and to the agency for annual operating costs. This year, bond proceeds for projects were also made available. Total revenues were $12,645,976 with $18,447,910 expended. The remaining fund balance is $32,440,000 Housing — 20% of incremental property taxes are set aside for low- and moderate - income housing projects. Revenues of $949,812 were offset by $1,493,815 in expenditures with a fund balance of $497,567 as of June 30, 2005. Business and Waterfront Improvement Project Redevelopment — incremental property taxes from the designated area are distributed as follows: 20% low- and moderate - income housing, 25% passed to other taxing entities per agreement and 55% retained by the agency for operations and projects. Revenues of $3,326,512 supported expenditures of $4,396,620 leaving a fund balance deficit of $(20,277). Housing — the tax increment, bond proceeds and in -lieu fees produced $1,487,267 in revenues. In turn, $1,812,886 was expended leaving a fund balance of $1,139,866. 4 Exhibit A (cont.) Alameda Point Improvement Project Redevelopment — incremental property taxes produced $703,475 in revenues to support $789,602 in expenditures. The fund balance deficit is $(1,512,102). Housing — the 20% of tax increment produced $179,696 of revenues in support of $77,802 in expenditures. The fund balance is $308,414. Fleet Industrial Supply Center (FISC) Lease Revenue — Revenues from leases totaled $3,406,071 and supported operations and capital projects totaling $3,393,629. The fund balance deficit is $(2,500,781). Catellus — Revenues and expenditures support the development project per agreement. The deficit fund balance is $(2,072,406). Commercial Revitalization Rental income of $60,878 supported expenditures of $155,539 leaving a fund balance of $509,639. Rehabilitation Prepayment Fund Revenues of $332,956 represent payments in connection with low interest and subsidized loans via community development block grant funds. Expenditures totaled $402,979 leaving a fund balance of $842,294 at year -end. Housing Development The fund balance is $104,736 at year -end. Affordable Housing Fees are paid by developers in support of affordable housing projects. Revenues of $222,895 supported expenditures of $170,943. The fund balance is $218,365. Human Services Several major programs, i.e. Social Services and Human Relations Board, are accumulated in this fund. There are a variety of funding sources totaling $280,134. The program expenditures totaled $317,503. The fund balance is $9,113. 5 Exhibit A (cont.) CHRPO /Lead The State Department of Housing and Community Development provides funds for housing rehabilitation. Revenues were $23,048 to support expenditures of $58,407. The fund balance deficit is $(10,230). CAPITAL PROJECT FUNDS Wastewater Capital Reserve The State Water Resources Control Board requires the establishment of a reserve set - aside as a condition of loans for sanitary sewer purposes. This fund was created to meet this requirement with a transfer in from the sewer fund of $8,135. Capital Improvement Fund Funds received from a variety of sources in support of public infrastructure projects. The fund balance is $12,736,768 as of June 30, 2005. Marina Village Assessment District Established to finance the construction and acquisition of public improvements in the district. There was interest earned of $49,984 and no expenditures. The fund balance is $2,538,556. Harbor Bay Isle Assessment District $500,818 in contributions was provided to support construction of public improvements. Expenditures were $866,660, leaving a fund balance of $1,087,170 at year -end. Library Construction Fund Revenues from grant payments and bond proceeds support construction projects. Revenues were $38,912 and expenses were $167,947. The fund balance is $1,202,088. Open Space Improvement Fund The purpose is to support open space and recreation facilities. Revenues were $16,923. Property was purchased for an addition to Towata Park for $111,852. The fund balance is $903,486 at June 30, 2005. 6 Exhibit A (cont.) 2003 Alameda Point Bond Project Demand Revenue Bonds sold in 2003 fund major construction and improvement projects in the area. Revenues were $59,914 while expenditures were $1,965,683. The year -end fund balance is $1,281,576. Citywide Development Impact Fees Established to fund improvement and replacement needs in parks, recreation, public buildings, traffic and other facilities. Fees are collected by use within geographic areas. Total revenues were negative as a majority of funds needed to be reclassified. There were no expenditures. Fund balance at year -end was $1,047,869. Transportation Improvement Fund These monies are restricted to construction and improvement of traffic mitigation projects at Bay Farm Island. Revenues were $457,869 and expenditures were $1,696,306. The fund balance is $481,006 at year -end. Urban Runoff The Storm Water Utility Fee is collected with property taxes in order to fund programs in compliance with federal requirements for the Clean Water Act. Revenues of $2,705,089 supported expenditures of $1,695,615 leaving a fund balance of $4,014,759 at June 30, 2005. Community Facilities Districts Established to finance acquisition and construction of facilities within the district: CFD #1 (Harbor Bay) — has a fund balance of $212. CFD #2 (Lincoln Property) — earned interest revenue of $9,532 leaving a fund balance of $461,263. DEBT SERVICE FUNDS Debt Service funds receive revenues from a variety of designated funding sources to pay the debt service on the outstanding issues. Total revenues were $19,496,742 and expenditures were $21,945,721. The remaining fund balance is $71,176,194. 7 ENTERPRISE FUNDS Golf Exhibit A (cont.) This fund accounts for all transactions relating to the Chuck Corica Golf Complex. Receipts totaled $4,360,358 and expenditures totaled $4,948,025. The fund balance is $7,664,761. Sewer Service This fund accounts for all transactions relating to the operation and maintenance of sewer operations. Revenues were $5,425,271 and expenditures were $3,937,616. The fund balance is $44,355,693. Ferry Service This fund accounts for all transactions relating to the provision of ferry service. Revenues were $2,735,884 and expenditures were $3,408,297. The fund balance at year -end is $9,951,459. INTERNAL SERVICE FUNDS The purpose of Internal Service Funds is to finance and account for special activities and services performed by one department for other departments of the City on a cost reimbursement basis. In total the revenues were $5,144,633 and expenditures were $5,406,086. The fund balance is a deficit of $(3,418,139). The Workers Compensation Self Insurance Fund has the largest fund balance deficit based primarily on future claims. These claims will mature over five to ten years. TRUST FUNDS Pension Fund 1079 General Fund contributions and interest earnings support payments to retirees and other reporting expenditures. Contributions of $3,163,419 for approximately 56 retirees . and qualified beneficiaries are covered by this fund. Pension Fund 1082 There are two retirees supported by contributions from the General Fund. In addition, post employment health benefits were funded and paid for eligible retirees. These costs were $1,257,521. 8 I— Exhib 2004 -05 Adopted $ 16,748,613 • $ 14,864,000 25.536.467 3,158,252 1.798.200 000 I� r i00NT47 SOD n. O O0v0) mf 40) •e- N r 00 OD Of 00 O 4) n CD N 07 C7 n O co 43,727,528 I 2.721.104 i� • 'h ' 47 1(D .r r f0 3,762,191 I 0 i00�00 000 OD 4) C) (� 07 205,352 I 0 (r h OD O t0 �U ONO W 10 in v C4 0) M 00 r in 0 r 8 Q $ 1,829,763 $ 259,620 (2.026.8401 CO O N (500,000) 1,502,875 $ (740,459) (0D. ''0 M 00) 0 0 ` 28,400 1.502.875 0 CO , Is '0 ef•NCD Q) 00)+) $ 2.477.561 O co Cl V! $ (1,388,257) CO 0 C 0 4( $ (332,647) O N 26,059 1.002.164 i ' $ 1,228,223 $ 125.521 71,570 239.059 900.303 O N ^ (26,600) (117.600) 27.077 G 158,610 $ 1.307.741 1 co to — 1q $ (412,165) 1 it ENTS Qtr 3 Amendments 191,036 345,000 1,049,512 (253,082) (2,355,000) $ (1,022,534) (0 .d. (2,496,716) (86,050) (515,700)1 (80,600) (217,500) (49,109) (9,435) (2,874,120) $ (6,299,384)1 $ 5,276,8501 1 N OF RECEIPTS AND DISBURSEMI JUNE 30, 2005 Qtr 4 LAmendments $ 718,000 (497,082) 0 0 M 20,000 25,100 379,244 (23,465). , 0) 0)) $ 80,168 442,974 77,071 370,686 1 (h 0 0 0000 06 00)) (157�610� $ (97,348) $ 1,019,145 0 W Q z 0 2004 -05 Amended Budget $ 18,245,729 $ 15,841,620 23,403,581 3,503,252 2,098,200 901,500 03 r rn b 6,143,327 $8,581,957 $1,502,875 $ 67,895,510 10 r 10 C> co 0) 41,340,387 2,951,184 t+) 0 (0 0? ( 3,708,234 1,285,375 395,600 129,134 2,252,065 973,848 206,352 1-- M 1 Nt co 0) $ 1,439,173 [ 00) (0 r 0) RECAPITUALTIO 0 �2 {L W a Actual vs Budgeted Y n 0) O 0) 2004 -05 Actual $ 18,245,729 r (D no M co co � $ 65,082,289 1 $ 1,281,372 1 r 2004 $ 16,347,496 23,307,846 3,563,063 1,119,288 716,948 5,675,711 6,715,779 7,979,512 00 O M T ej 'rd N 41,395,355 2,937,265 6,117,975 3,622,842 970,375 455,681 62,659 1,942,820 973,848 176,055 $ 2,557,814 1,305,000 v r 00 00 Revenue from Other Agencies Current Services Contributions from other funds e w W 0 as x Vl N cn w Ce z 0 v m z m u. G W = w Total L 'AUDITED FUND BALAI Property Taxes Other Local Taxes Licenses and Permits 1 Use of Money and Pro Fines and Forfeitures 1 ti a E a w (City Administration Public Safety Planning /Building Public Works Recreation Services Depreciation Equipment Replaceme Capital Outlay Transfers yI .. 0 , CURRENT YEAR BALA . 4 Accrued Vacation 1 Post Employment Heal a 4 N g 0 a 0 M 0 o M 0 o e N 0) M (O V V' O V 3 w W w w O 00)) m M r 0 C V d rNa(ON 0 N w N w (0 (O (O 4) (O f (O M 0 p-rnoa, i 444 69 NW N N W0 ID (D Nw V N W ON w 107, N N M N � r r 69 4 O 0 O O O 0 o O 0 w C o o O O o M O 00 (1) r (r0 00) 00) (00 W N O N ,0101 W S V, • S 69 JR I 000 E f 0 0 0 t vi F • 0 O 000 w (0040) 111999 E M 1-1 Z w 0 re F a 0 ii j o o 212 O 1w a U • w (0 a W � o a U O U z 69 (NO N 0000000 00000 00000 C'00) ('- d w N r w N 0) ,- 69 0) W 0 0 N 4 (0 N m V N O n N O N N 0000000000000 w W NWNO V M- OMw N O w0 c--000 ( 0 ( 0 ( ‚4 0 ) 0 ( ' j ( ( 3 ( 1 ) 03 0 0 1 ' ) 0)0)00000row000 (0 W r r, 0 .-• N O N O ((p0�� N N 0)900,(00 vW Nv v ((0 80040 (0 (0 • d9 yr W -(0O 03 (CC/1'1V C 0 a_(4) 00 ((0n 0) 10 (OO (O(0� ((Dp N M V' W O (([ 00) 0M) V rvC)OW N N Or 7 4'e ' N 69 00000,0000000 0 0 0 0 0 M 0 0 0 0 0 0 (0 00000100 0 0 0 0 o r dddoo4)00) 0000)V' 00004mNmM N m O N O' 7 n , N 69 0) O O 00) � 00)0 o 10 (0 (O N w 69 M O O O W O O woo O O O (000(0 00) m 0) O N M 4) r N w 69 N 0 0) 00) N ✓ A 0 N 0) M a N N N w 4 N CO O 0) N O O O O 00 00 N N O 0000000)00000 0 0 x 0 0 0 0 0) 0 0 0 0 O 0003300000) 0000 a droo00000)1000 (0 or- 0 M (OD N CO V' r- N, N a 4)v 0)r N' 69 N W o m o V) ,ap-= w W 01 mm o a v E m c° g Q O o m ~ 1- J @ o fm m g m U N O O E O. m F C •C 'C O G m�aaxza v) 0 000000, °0�0v0)1 -Worn ( 4 (0 (.3 1') (.3 (0 (.3 (.3 69 25,536,467 $ 00000000000 2.222 t� W r W (0 N M or 7-1 V'( NO mom W W g 0 ( 0 0 0 - ( 1 ) ( 0 ( 0 ( ' 4 0- ( ‚4 (D r O w N (O N M (00)03 r M ct M V; 4) M 4) N a- 0 e 7 - N N 69 (0 0,- M M, M W O w a N aee- (D O NN 69 0 0 0 0 0 0 0 0 0 0 N 0 0 0 0 0 0 0) O O O (O O O M O O 0 0 0 0 0 M 4000)0) ) d ro o 4) 4) 0i (0 0 w w N c r N M 69 0 1 0 0) N M N N N M N N 0 0 0 00 O 0. V O N 40) V M 69 0 0000 000) 000 (NO 00(00,000000M oo4)M oro0w4)('3 Wow w w w . N V p Ill • M v >. 7,g m t N 7 N (2 m S LL _9 m > xx g N 1) y m m O m 9 ▪ a Q C 1- U V C L L a 0) 0 LL = 2 a 0 ,. N E W m O 0) m 0) m . a) t 2 0m t to W !A Q UN p ~ N t j mmm,m 01-‹mm o m m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N 00 V 00 W N W W 00 w 0 (10) N N N N N N N N N N N (0 (0 (0 (.3 (.3 (0 (0 ('3 (0 (0 (0 (0 (.3 N O N N 000 248 O 0 0 00 0) 000 .e- 0 69 N r O W M M o 0 69 • 0 0 0 0 0 0 0 Or) N 69 O M 69 N yt 0) O) N 00 N N 0 00 O N O O W N N N 0 000 o O • N O N 00) O 0) 69 Z 0 LL 0 E 0 o E ur J c o 0 _R 1- m C C 03 0 O O (O7 m M 0 X 0 0W ao J m0 .1:41 R Q0 (O�1 F- W W z Q1° w .4. 1 n8 R' 2 N p 0 Z 4. LL w J W I- W W W O o a O 0000 000oo ((0 o a W (0 (0 0 0) 0 N r N 0) (0 0) (C O M N 69 00) N 0 9)) O CD O 0) A 0 O V r 69 0 0 0 0 0 0 0 0 O 0 10 O m O O 0 m 1- N CD A N h a- 1:0 49 H o o o 0 O d0 N H 0 0 0 0 0 0 0 0 0 O O O co O N O O aD O O a0 co m vi N O W O _ W w o a W z a m m 0 W C a m Z O O LLe Q LL LL m d LL ° °3 p 0 > c J LL 0 Q C LL E 0 O N 2 = O F Z W Z E m c e = W I o u. OLLWF- vi I� 0000( e03 I-0Drr0`r OrU)O) 00)) ° O r° N 0 0 0I O o 10 I0 A O r° OV gN O O W m O 0 N h (0 M 00 d' O) ((0 0) N W V O m M V r N L1. N 0 N 0 c6 O N CO M W I- N O N '9 0 0 0 0 0 0 N 0 0 0 0 0 0 m 0 0 r 0 0 0 � Nj O O m O O r 0 0 0 0 O 0 M 0) O (0 O N' ( O N N a0 M a0 O 0 fA a0 N O N 0 r 0 0 O r O 7 i� M O 0) vr 0 0 0 ° 0 0 0 0 0 N 0 0 0 0 0 0 0 W 'O O M O O N V V 0 0 N m O 0 N 69 H N co 0) W 0) H 0 0 H N 0) 00000000000000 nVA0)0.CO0..0) (00)o.0 ra. CO M' IOn) V O< N N r 0 W (0 ( a00 N r V 9){ °0 0 N 0 N 1'- 1 V) rO -(Ow f0 (0 (4) Nof 4) 1° N ( (N.. 0 ' W N 00) (0 N (('1 (A (N7rr- NO0Cr mO01° a°iN O N 60 0) 0 h 0.0 (0 CO - O CO W O (O O N N D U) W 0 O LO (0 m 0 r r r r 69 M 0 0 0) t0 p0 0 0 a0 000 FR CO (N p r 0 D 0 N N 0) 0 0 0) 0 (O M a0 LO M M O 00o- N 0 O NtO rr Nr Mr OmM V r r 69 N (W a O N O 0 0 I° O 0 (00 (0 r O ar0 n.R V I°0 N O 2 O n N (D (O N v fD 0)� (C'( In �" N 0) 00) (9 0N 1. O O N O (00 (°0 N n CO 69 4) O N m O m O m O N 0 N 0 0 V H co 0 0 0 10 O O O M O (0 O O o O O (r0 ((0 O(0 O 0)) O M M co 0)' 0 0 7 aJ M O 0 O M N N_ aD m m t0 0 N 7 r v CO CO 69 N 0) H Dor N (0 N V N A M H N 1') N.. H h O co N O O 0 H 0 co (D N • 0 m 0 {I O 0! 0 O1 Z .LO C LL E ' LL V . • fQ m = C C 0 O 0) m m E C' 'E�0LLa)� �n (y(��0� m m C C o 0 L J M m t° Um 0 0> Q a; O m i C U Q V® 'C LL.? U m w ~ (7 • G 2UZ Ti e 2if. mC7 ° dWLL O 0- o vi Z0 0 0 0 0 (0 r 0 N O N O °W 0 °°0 0 0 0 0 m 0 (0 (0 r 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 000300 GENERAL FUND REVENUES 0 w z-1 0 z a 0 to 0 O H eeeeeeeeeeeeeeeseeeeeeeeeeeeeee 0 0 0 0 0 0 8.8.8.2;2.2.8 N O O 8.8.2.888. 0 0 (WD I0) 8 88 88 000000 Nf 0(000 0000 OJ(09) 0000 0 0 0 0 0 0 0 0 0) N (O 0 0) 0 0 O 0 0 0 0 CO CO (O 0 0 0 0 0 0) 0 0 0 0 0 0 0 (O 0 h 0 (N(0O 0 0 0 0 r 0' 0 0 0 0 0) 0 0 0 0 0 0 O N NI 0000 V 0 ((00 O 50(00 O O' 0 O (O n" O V) (li 0 r 0 N (O 0) or or 0) CO (O 69 N O N (- c0 N N r 0 (0 N CO 00 9) 0 0) V (O (0 M N 0 0 (0 0 (O a Q (O W� ((00 r NI CO 0 0 CO 0 (0(0 - CO 00) N 0) M N N M 0 V O O 0 CO 0 r- (0 M 0 c0 0)' I- O N N r O M M N •V 0) t` A 0) 9i (O N O O aaN f` N C) i N a) V N N co N O r r to O 0) r O r O 00 M (00 Tt N r- e., N C E N 0 2 , a 11 c J 2 F W O I- 0 I- a O O r 0 0 Z CONTRIBUTIONS FR OTHER FUNDS O 0 r co r N ao M O co O.0 N co co 0 O 0 N co M N N M O O O [0 O (NO 0 O 0.�} co c) r 0 0 0 co N r 0i O cc) N'r 0) I- h Q) 0 0 c0 O or h 0 000 (M0 7 a (0 N W CO (0 r r (() r (0 0) N r r u) h V V u0i M M 1- N M r (0 r r r 69 Co- 93 N m 0 O O O o O O 0 O N 0 (0 0 69 O (00 O 00) O M (00 0 MI. 0 (O N N 0 N 0 0 CO O ON N 0 r 7 (00 (00 (00 CO r r N 609 0 ((0 (C0 Op ONO 0 NI- 00 N- 0 or O o 0 N 0(0 0 0 (N0 (09 (00 (0'I 0 9) 0 0 CID 0 N O or 07 r- I'- N (O ON (0 CO 0)(1) (0 CO N 9) 0 (0 0 CO or I- M O 00 0) I� N O O 0,-,,,f 0 N' r 0) r 0) (0 O O N (. N (0 7 0 (0 0) r (0 (0 .",.1,1- r r 9 r N 0 (0 .c- .,- V N N N r r (O 0 (0 9 ) N r N (0 mm 0) LL C c C C LL d •0 W 0 U 0 0 m LLW �LL 0F5 01 070C OOL0U o LL o E o 0 v m� w 0 0 rc 0 i- a. (c E 3 (p C 01. (Y [A 0 0 O IiI—cS ` � �(0oF- Eo —m E m u rai m d2 J (� -I 0 d 00 LLQ00�M Q LL 0 N D w (D !n E E E E E E 0 E E E E E E E E E E E E E E E E E E E E `O E E gggggg Qggg gggggg ggggggggggg =gg 1- I- N CO (0 (0 0 r M (0 r' N (0 (0 (O 0 CO t (O O 0003,-0,-NO3 O 0 0 0 0 0 N N N M (0 (0 I. h r n 00 00 (V (0 0 (0 N N N N N N N N N N N ((VV ((VV N N N N N N N N N (y M CO (O (O (O CO 00 00 W 0 00 00 00 e0 00 07 00 (0 w N (0 W 00 00 (0 a0 00 00 00 00 00 (0 0O 0 0J 0000 CO M M 04 (D CO CO CO M M CO M(0 CO M(0 CO M M CO CO (7 M CO CO CO CO CO CO CO CO a i .- NCO N CO 0) CO at I, 0) I I N 9) 0) at 414 at CO. CO 0 CO CO N M M. N a O CO IA n VI 2 00 Q 0)) (7 (CO (00 (A N n 0 of (0 m 9) h (MO N (OD CO CO t= A (D (O f�) A (- 7 0) A CO co sx ea E ON) (2,355,000) $ H ((0 N H (1,022,534) $ H N H 0 H (.9 ei CO V N H N OV (0 c 0 W (00 n. SUB TOTAL - CONTRIBUTIONS H o 11 TOTAL - GENERAL FUND n CO h H H 0 V H 0 A (O Equipment Replacement Depreciation 0) 0 7 LL H GRAND TOTAL - GENERAL FUND H G ZW W W a. 11. w W No v w N g O Q M m 0 0 0 ( 0 o e ti O (00 N cN0 M 1� t` 0) O (O o0 0) O 0) 0) 0 0 0) 0) (O CO CO (D CO V O r-- LO N lA co_ M .- .-- (O C6 t!) ui ((D D O M LC) .. co N. to M 1• o co 1` N M a0 O M et O co OO) 0 d9 (0 CO V On 00) (4') co N LO O .-- .- N n (• M M N N M (O CO CO O CO CO ano .O- )- 0 0 0 N n0 V CO 5 N N N O a0 co. L E ' CO O co. co. i' 5 7 LL D Q 69 .. (0 0 0 7N{ t(O (00 0)) C (o N O to (J d V v (D O 0) o E co co N t 7 Q 04 6,350,115 $ (0 O 0 ur CD co 0) N e e e 0 0 co (Mi v n �i O O O e- m Nre co 0 0 4 ti 0n), 00) 0)) N 51 (0 N W N 0 0) N N O (OO W IN• 0) co 0) v 0) .- LO 0 N CC0 ,- CO N OD N 04 W N 00)) CO CO r V N N.7 L6 o N. a00 CO N u') (O 43 22,327,103 $ 49 0 LO 7 v O 0) C40 0 u) CO 0) a0O (~O N N COO N .- N u) (0 (0 )) 0) N n O- V N 18,879,186 $ 04 M N 3 co 0 O 0 Hi 0 w 49 w O 0) CO CO 1. O .4- N (D W,- 0 CO N V' CO 0 CD er n 0. a .-- N (0 u) N u CO CO ) V' 0') CO 7 OV N N N N 69 u) M n ONO, N .4- 10 0 (NO_ a- (O (O W N (4 W .- 0) 10 a V -' r.. �., v 1... (0 ( e M 0 0 at 3 41,395,355 $ d) CO CO 0 3 u) I 64 49 O 0 O O d: 49 f9 C9 ! u> 49 N in CO V to 12 E o 'OO CO CO ) v r .. W 1. o 7 N "a u) 64 u) 0 0 m co (0 CO O (0 0) V- V O V J co N c0 co 0 r- 0 Cr 1• O < z O Z 0 4 M CO et CO M V' 0 V• 0) 0 1- O c0 O M .- n 1` N. M CV N. V a0 M 0) 1. re Q N O O) CO O 1. O O a c 0 re 0. El ) u) 0. Q GENERAL FUND City Administration Li 0 T m O o N >, 0 H (D c m Ze E c c QJQ U O Q m E W c E o Z OOOOiL2 E 0 N 0 0 0 0 0 0 0 N N CO V (0 c0 .D N- N N N N N N 0. Police Services 10 O CO 0 co <0 0O) o aD N 15 u-; 43 o o 0 0 0 N M V- 0) CO M M M M 43 O) (0 0) .4. V 64 0 1- 0) N w Fire Services O co 64 64 N- CO 0 M CO N v tO O) ui E9 CV O 0) CO CO O (OO 0 N 69 • (`D CO M 49 O (N0 V 0 00) N M 0 O h n N O ti v M 43 O (00 (0 :9 49 (9 O 0 O O 0) LO LO () CO O Cl. A O M (O to I co v N N O) (0 et0) O 0) M (NO CO 0 0 CO 1 CO CCOO 0 0 (0 CO O N I N u1 N 00) cco+) O O N 1 co M co n V co N N. t. I (n CO O) .- co u) V 49 49 49 491 49 J I- 0 o O 0 a) o a . N a m �' W > J LL < 0 > v 0) Q)) '� 0 $ c.) CD > m o m Ill 0- Q d 0. 0. O N M N N N M CO CO ce N C CD oc (0 co m w Ea>i Q a p 01 a) 6' > c m o 0- O. E o csi0 a 0 N 0 (0 0) 43 Z W LU al CL W am 0 W In .0 Z O :s 5N. O x Q y W m c N 0 W 0 me N 7 O I-. M Z c W a 6 N O = 7 N Q O a a Q .. C 0a) r O LL Q 1 o 1- t r w 0 O E aci 1 c o co a1 (A Q 8" c E jy N 7 '6 Q J (A 10 9 Z 0 v E2 Q N O o0. 0 re 0. a Q GENERAL FUND ment Services 0 ar Q CO CV CV CD 04 49 CV CO CO N 0) CO (O M 0 0 (0 M 69 O ti v 69 A M w O N 0) w M 0 3 (R ti w 1°0 co. M 0i 0) 0) 0) CO ur 0 N M 0) N 69 N 0) N O 1- 1- 69 O 0 O (O co u, a) CO 6 69 0 0 w VP (00 (00 N r Yr N CV - .-- - N e9 69 (A PLAN /BUILDING SUB TOTAL: Public Works e N O O e e e N O 53 O N 00 O 0 co N D1 t- 0) 0) 0) 0) tS 0) 10 M 0) 0 CO 0) CO CO M*0 N M O O N co (00 CO 1C) ca n 49 N 1- CO V 0 (00 N. CO CO ( O (O 10 I- O (O s• h r r N 69 CO 0 e0- 0) 7 M 4 6 V d0' ti ti M r M O r r N N a7 V (O CO CO CID CO CO CO M N 1', a a LO O K3 O O O 0 O O O O O 0 O N (O 0 N 0 M w (1) 0) 1- (O w • 0 O 3 0 (O ace 0 (00 A co M• O O ti N 0_. e o o e L. (*q (Mq 7 0) 0 0) N- CO (0 0) CO 00) N 0 M V O 0 r 69 49 cc0 M O co O M O CO 0 O M ((0 (0 CO. Yr (n CO N- 0 0 V) N V ti 0.1 M 49 49 w 49 0 00 (00 0 00 CO M 0 L00 a 0 00 N O O O O M ? 0) c0 O CV Yr v O ti 0 (0 at 10 O 0) (A 0 10 (0 CO CO 0- CO 0 0) CO CO (0 0 C (O 0 0 CO 0 O O O (() O 0) co CO (0 0) CO •- N r N d) 0 0 (0 N C C oI- o Z N E a) o a ) o °23 2 .2 ; f6 a d C N 0 N E d C C m Q U —1 2 8 co N c o 'o () c N 0) 7 {� C a) Q Ulna (0 (0 10 O (0 O O N N N N N N (0+) v v v v a . w 0 00 in PUBLIC WORKS SUB TOTAL: Recreation Services n 0) N 0 N 0 w 3 N 0 h M w 69 O (0 O co 69 0 N 0 69 0 N O! c00 (D (00 0 0) CO 0) c0 m- a-- r N N (0n v CO CO Mastick Senior Center ARPD Annual Maintenance 0 0 (00 0 r (0p 0 (0 (0 Ui RECREATION /PARKS SUB TOTAL: 3 00) N M h 61,213,963 $ 60,500,851 $ 49 3 M 1,266,253 $ (3,149,220) $ w N (0 w A w 0 0 69 69 0' 0 CD ti 69 0) u) 0 ro (O N N N d) 69 O 0 M 69 Depreciation I— 0 Z wa ax W y N W 0 N f.3 0 d Z W 6 'O YI 1 O N 7 0 a a r o u ` E LL N a Q e e e e e 0 0 0 0) 0 0 0 0 0 4 0 0 (• 0 0 O co 4 O O (0 0 0 N M o o M o O N 0) O M O 69 N V� 0 CO 0 0 i• O O O (O .- 0) M W V N (A 0 0 CV 0 0 0 0 49 0 O 10 O N 100 0 r 0) e e e e e e e e e e 0 0 0 0 0 0.- 0 V 10 1- 00 O 00 O O ar0 O O) O) r r Of9 00 O O O V O 4 0 N N N —O M CO CO 0 0 0 0 I,- 0 M N 0) 10 0) M 0. 44 4* N (1. N 44 0 0 (O (O N N O 1 0 0 0 O (D ((0 a z o ` O O OV O o 0 0 Z O Ti O' N C7 QN M (0 0) a 0 0. 0. 0. M O CICI Tr o 0 100 0 0 (0 00 OD 0 CO N O IM. 00 Xcp 00) (0o 0) N '6t (fJ 2,916,668 $ 3,225,913 $ (R coo 0 c00 O 1- O 0 0 0 0 0 O 0 O 0 0 0 0) N ('4 (2,874,120) $ 44 64,626,607 $ 14 M ti (0 O (00 N 40 N N N co CD 0 0 r VO O O O O M 0 0 O • N C (`') CD CV M • 44 O? y O 1- 1. N O 0) 0) N o ci ci (O ,- 1 co O CV M N N 4* N 44 w 00 0 0 I. 0 0) c00 1... O O N 0 at 0) N M L00 O 0 4 N .- co' E m 0 atf U m c LL (n O r 2 0 c 1° w LL F g (p 2 - c E Z �' E S. 0 O 0) c U w a) a Z Z• c g 0 a m E L^ _ _ '= N y N 'O V) N O Ik W LL N (0 co 0) N~ 0 N .O LL 7 N Q' Ev Eames 0 Z r!� a Za2To c F W m o N N 7' O= c c U l0 W UQ24coQ0 r H � w C9 J V) y 1Q' 0 O M n w 0 40 69,067,768 $ 2,477,561 64 0 0 in (� Z O. LL C Jq W E Z E cD o c7 O J r 1- O d C. W ( 0) LL Q4 Exhibit E SUMMARY OF ADJUSTMENTS - GENERAL FUNDS Revenue Appropriations Department & Description General Fund $ 818,000 Adjust estimate to actual property tax revenue receipt 124,762 Adjust estimate to actual revenue receipt (30,738) Forego last qtr cost allocation from Affordable Hsg (157,600) Remove unallocated ACEA increment 157,600 Allocation to departments for ACEA increment 40,000 St & Lighting - to include AP & T loan payment 22,879 Fire Dept -To include appropriation funded by FEMA grant 2,500 New Neuter fee revenue 7,273 7,273 Transfer from Marina Cove Assessment District for maintenance 2,500 Police dept - To fund vetrinarian fees for neutering services (170,000) To retrieve earlier apropriation from GF for Otis /Park St signal proj $ 921,797 $ (97,348) Total General Fund Adjustment LL m w W x W J a 0 30 J m 0 0 Q 0 D9 0. 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X W 0 QU 7 m,°, W 0 O z M W a x w 'O 0 .�. , V C Q o. 0. a E 7 � LL 9 8 C 0 N U 0 n co irs • Lo Z 0 0 F Q N a. a. 0 a a SPECIAL FUNDS • o* e e * * *** e e e ** * e * a* o* e e e e e a* e a* o �° e a° ** e2 * e e e �E N 0 N W M N M M aa N ��{{ CO n 0 0 N 01 01 n 0 l`') 0 O CO fO 0 0 0 0 W cs, co W CO L OI O co O cv O 0 0 O co co 0 N co 0 V' 0 c0 o c0 o M V n 0 0 n 0 f0 V n 0 0 0 h M N O M n 0) 0 VV ° m c0D co Cb CO 0 O N 00)) 0 0- CO CO I- 0° r n r to N 0 0 0 0 0° ? 0) CO CO O CO V m- 000 co CO llnO IC) o N O O 0) N V 00 N o n (0 M 0 0 n O N n CO CO 0 N O 0 O O O N n W O (0 LO N 0) N V N O 0 V n n M O N V 0 V 0 v n 0 n 0 0 0 O Va} CO OO N O n N 0 O CO V N 0 u) CO V co CO 0 0•- 0 V N 0 c0 0 0 0 n O n o N. .- 0 0 0 V 00 O O O V O 0 N O c0 M O OD 0 O (0 N 0 7 .- N co O O a N 0 M M n 0 N n n N O l N 0 c . , co 0 (o Oi 6 0 0 O r O n 0 0 I, Oi m N N L- CO "' N M .0.. N. W. 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V c0 00 O n N O N M 0 L- r co 0 CO 0 CO 0 CO 0 CO O V� M 0 0 0 M N M N 0 0 n V 0 0) n V CO OO (0 M N V 0 W CO. O) 0 0 c0 0 CO CO N N a t0 N CO M CO 0 O m.- 0 1\ CO_ n( e- L- L- M �- M V N V .- (. 0) co co 0 0 0 V 0 0 1- CO V 0 co N N n 0 0 0 0 o n 0 u) 0 co. N 0.0. O cq 0 M O V (0 O M 0 0 r s O a M 0V 0 (VD 0 CO 0 n 0 N 0 .- M O In 0 0 0 0 0) O co 0 0 0 0 0 0 0 0 V o V 0 o 0 n o v co co m 0) m co o V t: w m O 0 0 0 N 0 0 (0 N- N 0 0 0 0 0 n 0 0 0) 0 0 M N O 0 0 0 O O O M N O O N V O n 0 O 0 n M 0 n 0 V CO CO 00 V 0 0) O (0 0 n N 0 0 0) 0 co 0 n M 0 V 0 0 v O 0) n o 0 CO o 0 0 0 °o -0 CO n U)� (0� o N r N V CO M- N l°0 - CO 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0) 0 0 0 0) 0 0 0 0 0 CO 0 CO n N 0 0 0 0 0 0 n 0 0 0 0 0 0 0 °o 0 V M 0 0 0 0 0 0 V 0 0 0 0 N c) 0 0 N 0 V O) 0 0 0 0) 0 O O N 0 0 0 0 0 ct) N co O N 0 0 0 10 V o N 0 0 0 0 V ct) '- O .f 0 N 0 0 0 O O at 0 OO O o a Ed' (. N O co 0 co- - 0- 7 0 0 O c0 c0 0) 01 co M 0 N O 0 c0 O c0 N O N 0 V CO 0 L- 0 V 0 CO 0) n co 0 0 M M O n o V 0 0 O) 0 CO M V M M 0 CO V 0 0 N O N O 0 0 N. CO 0 0- V- c'( M n n N ID Nc NN of $ 126,428,150 $ 123,479,531 $ 2,948,619 97.67% lA Of I I in I lh O I 0 � 0 1 CO I 0 O I N 11 11 03 ii 0 a z z 5 = 5 0 2.- U_� 1-- (7I- w 0 1- o� a 0 W< z J� I- Z5° �_ 0 U D. w CO 0 co ? O O U ZO z = O », 15,0.. , Y Z LS O Z W O w m ,_ W z 0� �~ W' uJ F 0 0 0 o ii ¢ y W O 0 d 1- a Z CO d (• 0 U U U =¢ J U ¢~¢ d L. 101. 0 0-' LL O O U Z Z W �' F- LL W Z y wwv �zzzUZZUZKaa3aK az �W �z(wi���Z1i W a c J�.- NM V lmm�zz000 jHLLLLm,a00z W�zz2LLaa Q W 1y�Nopw¢ WO¢O a ( n , w0 0 0 0 0 0 5 }0}o0000 W W W W W WW W< 7zzuT- .Qm�QIZNU0O¢o2Rz� ;i (p 0 0 0 0 0 C CD o E U 0 0 W W W W W W W W¢ W W < 7 V) O U a J y Z Z Z N N N N N N N << z Z Z Q Z]]> co o. co m co (0 Z O O 0 U cu >>> m ¢ O Z 1y (0 a Z W W N & to ¢ N N N N N N N ¢¢¢ Z Z CO ) CO Q CO Q NQ UQ NQ yQ VQ1 Z N to V J W W W¢ O 2 lL c2 ¢ F" Y 002gggvIg ammO O OtZE W W W W W W W W KzzJ00001 110W Qv W mq)2 l3 o m O O m ¢ a¢ W w O M W W W W N¢ W w 0 z m¢ O II JJJJJ 2222222220 a a a a aCC re mC0 mmml- F=r1 -77 I° �rylgVU)lon cO 0 n O n N 0 0 0 N 0 0, N CO V 0 10 n 0 V N 0 M 0 t)) N N O 0 CO M G 0 V e- CO O 1 0 0 0) u) N N O O O n 01 0 0 /O 00 O O O V O N 0 0 N n N V N 0 n n 0- n n n N M N N N N c`7 N YI Y1 N N N vl c0 t+) N m OO N N N N N 0� 0 0 n N N M C. M N 0� N N N N N N N N 01 04 04 01 01 Exhibit H SUMMARY OF ADJUSTMENTS - OTHER FUNDS Revenue Appropriations Fund 25,325 To increase library revenue estimate 58,325 To increase library appropriation being funded by grant 201,000 To appropriate Meas B for ferry repairs per council approval 200,000 To appropriate Meas B capital project revenue for I- 880 /Broadwy proj per earlier council approval 200,000 To fund I- 880 /Broadway proj from new Meas B revenue 64,514 To increase New Meas B Medical return program revenue 64,514 Funding additional medical retum trip program 64,514 To appropriate fund transfer to medical return trip program 64,514 To appropriate fund medical return trip program 36,000 New funding from Meas B for Citywide pedestrian plan 36,000 To fund citywide pedestrian plan 9,000 Measure B local match for pedestrian plan per council approval 6,929 6,929 SSHRB sister city program 27,487 (698,792) CDBG adjustment to correct budget 10,473 Rehab Repayment adjustment to correct budget 5,050 Tech Fund - additional appropriation for security scanning 57,381 65,000 Revised revenue & appropriation estimate per ACTIA for Meas B (1,130,000) To correct transfer for pension plans per council's Feb action 23,052 To adjust for lead abatement program (1,501) (1,501) To adjust for HOME fund program 32,623 32,624 To adjust for HOME Repayment program 7,273 To appropriate fund tfr to GF for maintenance for Marina Cove Assessment District (33,405) Forego last qtr cost allocation to GF and other funds 112,300 Open Space Fund - Council approved land purchase near Towata Park (2,455) Yearend Adjustment to risk mgmt 49,011 BWIP adjustment to actual 483,581 Housing In Lieu Fee adjustment to actual 100,000 Commercial revitaliztion adjustment to actual $ (619,183) $ 794,948 Total Fund Adjustment - Other Funds p d 1 'C A 1 Actual Balance 1 O O M (O $ 17,004,044I 2.523.058 1 $ 19,527,101 1 1.013.302 1 O)Na0 ((pp ''V' . N (TO. hp6p CO N (n 0-) el- 0 4.743.748 1 hhh(0 (0 lO • I, V h N O NI N M CO `- E. Op • 428,633 I (1.512.102) 'rNe "Q •co.- Mrh h (0 O) (O r N Nh000 0 CO r O (00 NM r N lO (O 0) h (p6p (n 245.160 N h O r OOMM h h M 0)) h N (+) CO 0000010)000 N .Cr C) O N h' h (O (O 0.-(O r 0 CO aO CO (O O) 07 N (0 M (2,500,781 11 1 FY 04 -05 Q 1 Net Change $ 799,036 482,336 $_ 1,281,372 547,826 408.363 (776.476) f0 W M (1,093,855) M O O , (1.070.108) CO N V M (0 (O (288,392) (86.126) 101.895 0) O M� (O 0 (925,394) (72.657) (90,886) 231,458 64,356 110.721 0 0 0 N M o0 h h V' a0 (p N f- h r 0) (1•) CO 0 CO O O O C) N 12,442 1 Estimated 1 Fund Balance (O g =a -f $ 16,536,906 3,147,997 1 $ 19,684,902 221,510 1,678,838 5,554,288 17,502,072 3,870,587 309,605 (30,686) 1 501,614 co cp. 233,9631 (128,398)1 (424,515)1 o 308,285 742,455 e„ 171,750 56,921 O00 h (45.554) 22.194.1 70.823 1.304.400 M 500.6111 oo� N (2,513,223) FY 04 -05 1 Estimated 1 Net Change II $ 331,898 I 1,107,275 1 $ 1,439,173 1 (243,966) 1 (297,268) 1 (1,050,000) 1 (6,321,873) CO O e- ((7 0) 1 (1,080,518)1 5,091 1 (257,055)1 (672,545) (256,761) 27,443 1 (217,674)1 (424,515)1 O (1,309,011) (540,369) (159,767) (183,582) 0 3,181 (25,492) • O (947,453) 1 • 0 0) O O (909,583) • O Expenses T. $ 64,626,607 455,681 1 $ 65,0 2,289 1 278,956 1,790,779 1,722,240 12,595,373 L_ 2,339,518 1,493,815 4,396,620 552,700 N P- 1,086,990 789,602 77,802 2,918,223 1,338,188 190,052 960,270 1,314,167 257,291 463,822 O CO O N 47,005 (MO O 1,461,783 f O 155,539 1 317,449 1,892,728 1 114,752 1 402,979 1 3,393,629 1 1 Approprations $ . 66,060,737 395,600 $ 66,456,337 1 743,966 1 4,389,806 1,050,000 6,321,873 f0 O 0 1,687,361 3,820,148 686,541 257,055 1 1,233,581 804,771 O (D 117 r 2,866,047 1,872,015 1 O C) O r 1,309,011 1,840,139 335,078 O O (n p) 265,242 64,514 36,000 146,819 5,000 1 185,492 1 O 1,412,453 1 O 244,414 1 1,674,653 1 4,133,377 125,783 1 1,079,583 1 3,223,771 1 1 Actual Revenue $ 65,425,644 938,018 co M CO CA 826,783 2,199,142 945,765 8,255,406 1,245,663 949,812 3,326,512 N (O (00 0 v v 798,598 703,475 co O) .-• 2,840,914 1,410,349 1 190,052 34,876 1,241,510 v_ f0 e 695,280 132,430 CO N (o O O n a 24,286 v_ (O ,- 1,215 1 516,605 1 14,651 1 60,878 1 317,449 1,892,728 1 N n r 332,956 1 3,406,071 1 Estimated 1 Revenue $ 66,392,635 1,502,875 1 $ 67,895,510 500,000 4,092,538 0 0 0 955,396 2,739,630 N (O 0 561,037 548,010 137,003 2,648,373 1,447,500 0 0 0 1,299,770 175,311 731,418 141,359 64,514 0 0 0 0 0 0 20,000 1 0 0 0 0 d 0 140,725 1,674,653 1 4,133,377 1 125,782 0 3,223,771 1 Audited Fund Balance O N O (O $ 16,205,008 2,040,722 $ 18,245,729 465,476 O r O) r 6,604,288 23,823,945 5,837,603 1,041,570 1,049,831 O N Or - (0 0 (00 h 717,025 (1,425,975) N lO N 89,276 O O 1,617,296 1,282,824 177,414 355,332 180,804 1 O 0 741,453 (60,554)` 47,686 70,823 1 2,251,853 3,652 1 604,300 1 o 0 0 912,317 1 (2,513,223)1 SUMMARY ANALYSIS OF FUNDS FY 04 -05 As of June 30, 2005 DESCRIPTION ter:'1:;i4,7a:irMetraNNIIPaRtgallifflal General Fund Equipment Replacement Total General Fund Police /Fire Const. Impact Const Improvement Fund CIC -WECIP 2003 CIC Tax Alio 2003A1 2003 CIC Tax Alio 2003A2 2003 CIC Tax AIIo 2003B CIC -WECIP Housing CIC -BWIP CIC -BWIP Housing CIC -BWIP Hsg 2002 Bond Procee CIC - Housing In -Lieu Fee CIC -APIP CIC -APIP Housing Alameda City Library Fund C LLx R H co In Traffic Safety Fund County Measure B Fund Measure B - Local St & Rd Measure B - Bicycle Ped Imp Measure B - Transbay Ferry Measure B - Para Transit Measure B - Gap Funding Measure B -New Couny Prog Tidelands Fund Narcotics Asset Seizure Dwelling Unit Fund Parking In -Lieu Fund Parking Meter Fund TSM/TDM Fund Commercial Revitalization Home Fund (7 CO D Home Repymt Fund Rehab Repayment Fund FISC Lease Revenue Fund p Z LL O O 4� r r r fO r r O N r0(f) s— t' r r, r N N N N 0 N CO 0 N 0 N et N O • (() 0 N N (O 0 N O r N r r N el r N 10 r r N N N N (0 N M 4Y N to N N to N (O O N h f0 O N N O) N (e- N ((��� N (r N 1.0 N (h� N (O N (O N pap N OI N N t 01 n bC ca CC r, a (NI Cn a CD ON V N oM N h 1- O 0 M0.- I,- ' ON O 03 00) CO �NN(O� O MM000) O vnv N N M 00 CO CO 0) LO sF V — �(O O 0) CO N O LO 0) C+) (O 46,129 I 224.056 at Lm IINNO fV O V O (0 O) 0 .- 55,662 I 450.975 i In (ONN i00 1()(00)00 N N0 CO COQ O M co 0 Oi 0) o0 63 In M �- (0(0 'M7 69 s} �1n. O 0)0) CO 0 In a01. 1O O P -O (000 O CO (0 NM 0 CO co �In O) f0 ON N. 03 V OCO 1n CD 0 In In 11) 0. N 0) (Or N �NNN. LO O 00 0)� V h O N. co O CO 0 NO - N 0) N co 0 4 O W Actual 1 Net Change 1• 01') M0 (A M CO O —M 0 n 0i 51.952 0) (O0 MM N v to vv O M(0 MOco 0In (og N CO M 0) N . ,- CO Nh CO Nvt `- ('1 r CO C O MOI() O (O •• 0) CO 55,662 89.083 PN L ∎V O f` CD 0)U) V (O r. (0 CO N 0) m f` 0 69 co e} CO CO .- ON .-- '- 69 V 0 V OO 0)v m CO 0)000 NV V 1f)oi 0 co CO CV .- cn N O) V 0)) O 1- In 0 0) CO CO oi co N ID 0OvMN vN- Of M In N CO NhN- co 1() 0 N V CO 00 N0 CO N Estimated 1 Fund Balance N O N CO) CO g =a -f (2.811.713) CO O O 0 O 126,876 W CO co m 342.675 237,861 (00 In ti r m (00 0 0 " CO M 0) CO 53,752 100,465 195,677 14.274 124.030 70,000 292.568 30,844 26.022 3,695,138 332.797 co 0 M OOO 4i ,- 0 N N .- 2.474.7111 N_ 0 0 V 368,0421 886,116 3.187.346 000 In 0 O O CON V 'OR 15,954 216.402 N e- CO CO N N. 00 v- FY 04 -05 1 Estimated 1 Net Change .0 11 w 0000 1 (39,537) (74,348) (21,266) (_D (19,358) (35,758) 000 0, 20,750 00 (0 CO N 70,000 (69,323) 00 O N COO O O O I,- $ (18,680,565) $0 E64,000 O (13,862)1 O O N ' (963,080) (112,300) 0 J Expenses 1 2,511,366 0 0 0 1 170,943 317,503 58,407 141,495 72,563 464,494 O m '— 17,175 14,727 65,918 579,168 282,881 5,543 8,320 0 1,535,087 OD CO O <6 0 0 12,343,599 0 $ 61,635,327 $0 11,273,439 0 0 866,660 1 167,947 111,852 1,965,683 0 0 0 0 0 0 0 0 0 1 Approprations o ] 20,000 0 403,549 M(0 0 co 0 CO V 238,116 19,358 732,658 4,850 o CO O W 1,- 62,000 600,000 313,500 10,200 8,273 0 1,438,880 o r- V 0) 10,867,984 0 $ 60,731,7201 $0 16,803,628 137,000 1 1,330,000 1 0000000000000 0 co 0) c. (O .- Actual 1 Revenue (c) 1 3,250,673 0 15 1 3,730 J 222,895 280,134 23,048 182,937 4,227 810,356 0) CO V 18,466 16,740 58,295 723,509 308,518 16,102 73,917 55,662 1,624,170 19,221 80,136 12,993,271 5,367 $ 54,961,835 $ 8,135 11,385,623 390,404 1 49,984 CO 0 00 In 38,912 16,923 59,914 (O O) CO 1(j 000 (10,539) (3,262) 3,713 .0- N CO "NV CO N CO CO N 1 Estimated Revenue 0 0 J 20,000 O 364,012 425,265 70,000 00 O ,- 0 00 at 00) (0 4,850 0 00 0 O " 62,000 620,750 313,500 10,200 36,949 70,000 1,369,557 20,000 194,756 10,148,968 20,000 (0 to O 0 fV 69 $0 16,867,628 O 123,138 1 368,000 00000000006 Audited Fund Balance V 00 co co CO N .- ao CO 0 CO M (O CO 0 O J 166,413 46,482 25,128 430,791 257,219 3,813,326 8,086 61,400 61,937 53,752 79,715 195,677 14,274 95,353 0 (0 co M 10,844 26,022 4,414,154 312,797 $ 54,572,506 1 $0 12,234,181 0 2,488,573 1,453,012 1,331,122 998,416 3,187,346 510,516 87,028 25,494 15,954 216,402 125,347 24,823 11,827 DESCRIPTION Human Services CHRPO /LEAD Garbage Subcharge Fund Curbside Recycling Waste Reduction Subcharge Island City Maint 84 -2 Z1 Island City Maint 84 -2 Z2 Island City Maint 84 -2 Z3 Island City Maint 84 -2 Z4 Island City Maint 84-2 Z5 Island City Maint 84-2 Z6 Island City Maint 84 -2 Z7 Marina Cove Maint Dist 01 -1 Bayport AD 03 -1 Athletic Fund Public Art Fund Sr Citizen Transportation Alameda Reuse & Redevelop Dike Maintenance Fund Total Special Revenue Fund Wastewater Capital Reserve Capital Improvement Proj. FISC - Traffic Fees Marina Village A.D. 89 -1 H.B.I. 92 -1 Assessmt Dist Library Construction Fund Open Space Improvement Fund 2003 AP Rev Bond Project Fund CDF -WE Traffic Safety CDF -WE Parks & Rec CDF -WE Public Facilities CDF -WE Public Safety CDF -NW Traffic Safety CDF -NW Park & Recreation CDF -NW Public Safety CDF -NW Public Safety CDF -CEE Traffic Safety I, co O CO NN M V NN • N • C+• • N CO • • CD co tiNn01NOIN N N N N N N N O H O NNCND co CO CO 0 CO A +++...L���% " N (07 O M • M N M M 1, CO CO MM P9 M _ _ V � 'r' N N oN N I • 33333333; Unaudited 1 Actual Balance! ID N C M (D 2,237 1 Cl 1 13,959 0 et 1 O O 00 0 481,006 C4,014,7591 N N 461,263 1 O $25,762,888 $ 234,081 O 616,780 421,657 O 534,547 1,532,387 1,450,450 4,221,822 2,403,885 O $ 11,415,608 $ 7,664,761 I 44.355.693 (0 tq u 271.349 1 M O V3 $ 37,253 FY 04 -05 Actual Net Change 2,785 480 205 00 (0 7,673 2,236 1,372 (1,238,438) 1,009,474 V tt o O O O N (V b9 $ (13,108) M 10,712 4,545 10,664 51,232 (708,938) 43,835 (603,880) $ (1,206,601) $ (587,667) 1,487,655 (422,022) (22,876) (227,515) $ 227,575 $ 31,041 1 Estimated 1 Fund Balance 6/30/2005 g =a -f Ot- 00 1,758 864 7,373 37,873 6,432 2,773 284,112 1 2,958,336 74,108 551,749 000 (O $ 24,735,636 1 $ 247,189 M r 612,069 417,112 523,883 1,478,054 1,324,420 6,888,853 1,880,226 32,000 $ 13,405,468 $ 8,549,284 43,526,528 10,063,568 _ O 498,864 1 $ 62,739,684 $ 205,308 1 FY 04 -05 1 Estimated Net Change y a II w O O 00 O 00 1 (1,435,331) O 73,900 100,000 00 CO 1 $ (3,233,822)1 COO O O O O O O r 05 (834,968) 2,710,866 (1,127,539)1 00 O M $ 783,260 $ 296,856 658,490 O 40,000 O (O O) fA (p O 69 Expenses .dv 00000000 CD CO O 0 c- (0 (0 tri 0 O 18 O N l0 If.- 69 $ 241,042 1,318 374,575 647,016 348 868,631 831,998 838,035 2,711,126 (� r (p 0 $ 7,205,258 $ 4,948,025 3,937,616 422,097 0) W O M 1,675,281 1 $ 12,293,937 $ 651,142 Approprations 0 0 0 0 0 0 0 r 2,864,789 O O O 1 $ 23,997,992 1 $ 238,898 O 372,360 644,450 O 868,526 829,950 OD 0) A O 1,127,539 1 O m (0 0 0) v $ 5,275,844 4,857,657 O 0 ((0 O 0:ai c- < ) 0 r n y- $ 13,078,736 $ 700,000 Actual Revenue 2,785 480 205 6,586 7,673 2,236 1,372 457,869 2,705,089 9,5321 O 1 $ 15,570,949 $ 227,934 O 385,286 651,561 M 879,295 883,230 0 o 0) 2,754,961 87,291 1 O (0 a0 0) 0) (0 $ 4,360,358 5,425,271 1,288,043 1,447,766 $ 12,521,513 $ 682,183 Estimated Revenue 0 0 0 0 0 0 O v OD - 2,817,840 0 00) e 0 00_ 00 61,800 1 $ 20,764,170 $ 238,898 O 378,361 644,450 0 868,526 826,850 0 2,710,866 0 32,000 0) (0) (0 $ 5,572,700 5,516,147 O 1,217,076 1 0) (0 r $ 14,074,0821 (D 0 0 0) (» Audited Fund Balance G NN N M to A 8,075 1,758 864 7,373 37,873 6,432 2,773 1,719,443 3,005,285 208 451,749 0 $ 27,969,458 00 1,318 1 606,068 417,112 344 523,883 1,481,154 2,159,388 4,177,987 3,007,765 0 $ 12,622,208 1 $ 8,252,428 42,868,038 10,063,568 1 0 (0 498,864 1 $ 61,744,338 N CO I SUMMARY ANALYSIS OF FUNDS O '4It IAs of June 30, 2005 DESCRIPTION 1 CDF -CEE Parks & Recreation CDF -CEE Public Facilities CDF -CEE Public Safety CDF -BF Traffic Safety CDF -BF Parks & Recreation CDF -BF Public Facilities CDF- BFPublic Safety (Transportation Impmt. Fund Urban Runoff CFD #1 Harbor Bay CFD #2 Paragon Gateway Alameda Pt Bond Project Fd 1 Total Capital Project Fund Debt Svc -1990 Police Bldg 1 Debt Svc -ABAG XX Debt Svc - Library/Golf Proj 1 Debt Svc - Library Bond 2003 Debt Svc -Debt Sery CIC Tx All Bd Debt Svc -CIC Sub Bond Debt Svc -Refin CityHall 2002 Debt Svc 2003 Tax Alio Refd BWIP Debt Svc 2003 CIC Tax Alloc Bd Debt Svc 2003 AP Rev Bond Debt Svc for Alameda Pt Bond Total Debt Service Fund Golf Course Fund Sewer Service Fund Ferry Service Fund East End Ferry West End Ferry Total Enterprise Fund 702 Central Stores Fund CI LL I+Nf et M .�y} MMef 'Nd'�.7 0�}, 0�7} a} M M (� M O O M r O N to MM r OD to N Mao M �= r a ID r v 01 r r N a v r (D v a N (O CO v v N (D v (D OD v a0 (O v h (f1t 0o r O (D(D(D(N v- 04 N r O N r r N D(D 1 Unaudited 1 1 Actual Balance O N CA CO 47.271 1 c0 61, W (0 N CO C.7 0 CO 000 y n 00 CO r ,0) N V N In N O) 00 v 69 000 r. c 0 l0 CO 0 69 C9(0(00 co f: 03 co M V o N co. c N 3,053,754 1.630.792 $ 59,760,586 222,918,971 1 FY 04-05 R 3 Q Net Change M 000 v4 N 0 357.884 O 0 .O CO 26.303 m V r $ (261,453) $ 19,757 (14.855) O O 299.472 (31,124) (2.863.853) (0 co O N 154,723 1.219.539 $ (1,242,379) (10,081,547.76)1 Estimated Fund Balance o O N O M CO g =a-f 290,487 306,619 (7,652,607) 1,241,576 (60,665) 42,329 $ (5,626,953) $ 616,989 124,525 0 0 6,728,243 2,994,440 22,238,815 I 26,531,652 2,987,031 411,366 $ 62,633,061 $ 213,463,739 1 FY 04 -05 Estimated Net Change f =b- d 239,323 O CO �.. (2,455,343) (434,153) 00) v v $ (2,470,267) 0000 O 0 n (0 .— 0)) 69 839,882 2,963,000 1 (1,345,464) (n O M ao 88,000 112 $ 1,630,095 $ (19,536,780) y 0) O. ._ a0 M ( +) 1 647,007 1 857,882 1 2,069,007 832,269 48,642 $ 5,406,086 $330,680 103,655 0 V •- M I 1,257,521 3,508,051 31,440 5,087,089 3,968,992 1,496,601 213,955 M .- 0 69 $ 188,561,820 1 L _ O a00 (O (O N 69 69,835,4701 $ 285,025,090 1 Appropratlons '6 14,580 0 (0 M 3,710,817 I 2,042,726 560,000 I 31,000 $ 7,635,814 $ 332,000 210,000 3,345,500 1 1,224,500 2,812,118 1 0 2,813,469 3,654,722 1,496,000 178,888 $ 16,067,197 $ 192,884,488 1 $ 25,731,664I 68,482,612 $ 287,098,764 A 7 V a I Revenue (c) 296,245 1 598,645 I 1,215,766 I 1,462,070 858,572 31,153 $ 5,144,633 $ 350,437 88,800 I 3,163,419 1,257,521 3,807,524 CO M 2,223,237 3,942,9551 1,651,323 1,433,493 N O Oi 0 t; 69 $ 178,480,272 $ 27,522,312 [ 61,043,005 [ $ 267,045,589 Estimated 1 Revenue 253,903 558,000 1,255,475 1,608,573 559,880 30,621 $ 5,165,547 $ 349,000 113,800 3,345,500 1,224,500 1 o o N CO CO M 2,963,000 1,468,005 2,818,487 1 1,584,000 179,000 $ 17,697,292 $ 173,347,7081 $ 25,867,562 I CO CO (0 0 f` O (0 $ 260,014,127 [ 1 Audited Fund Balance d O N O M (0 ••• l0 325,310 (0 N h W 1 1,675,729 (60,545) 42,708 ( CO (0 69 $ 599,989 220,725 O O 5,888,361 31,440 23,584,279 27,367,887 2,899,031 411,254 $ 61,002,966 $ 233,000,5191 I SUMMARY ANALYSIS OF FUNDS O0 0 une 30, 2005 0 aT G'. U 0) to [Central Garage Fund Techology Sery Fund [Worker's Comp Self Insur Risk Management Fund Dental Insurance Fund Unemployment Insurance Total Internal Service Fund Debt Svc for 508 84-3A Debt Svc for 510 84-3B Police /Fire Pension 1079 Police /Fire Pension 1082 Debt Svc for 512 89 -1 Debt Svc for 513 92 -1 1998 Revenue Bond Debt Fd 1999 Revenue Bond Debt Fd I Assessment District CFD #1 Assessment District CFD#2 Total Trust & Agency Fund GRAND TOTAL 0 E at Housing Authority Alameda Power & Telecom k All Inclusive Total Z LL M O Is mt O is r r is N r is M ED r is is y O CD V O 03 N O 03 N M 03 M M 03 N M CO CD M CO O r CO CD CO CO CITY OF ALAMEDA MEMORANDUM Date: September 14, 2005 To: Honorable Mayor and Councilmembers From: Debra Kurita City Manager Re: Recommendation to Adopt Specifications and Authorize Calling for Bids for Three Marked Police Vehicles BACKGROUND The City of Alameda purchasing policy requires that the City Council review and approve the specifications for materials that are estimated to cost in excess of $25,000 prior to the initiation of a formal bid process. ; During the 2005 -2006 budget process, the Police Department, in consultation with the Fleet Supervisor, determined a need to replace three marked patrol vehicles. On July 19, 2005, the specifications for these vehicles, which are included in this report as Attachment A, were presented to the City Council for review and approval. At that meeting, the Council continued the action and requested additional information regarding the specifications and the condition of these vehicles. DISCUSSION /ANALYSIS Since 1991, the Police Department has specified the Ford Crown Victoria Police Interceptors as the standard for its patrol vehicles. The Interceptor is a rear- wheel drive vehicle that has received the federal government's highest crash - safety rating. The City's patrol fleet consists of 23 of these vehicles that are shared amongst the 43 officers in the division. In order to ensure that the usage is equitably distributed amongst the fleet, the Department policy is to have officers on the different shifts utilize the same vehicle. As a result, the patrol cars are driven approximately 18 to 20 hours in each 24 -hour period. The Fleet Supervisor has recommended that police patrol units be removed from the fleet after four years or when the vehicle has been operated for more than 85,000 miles. This recommendation is based on service records that indicate that patrol vehicles with usage that exceed these criteria are less reliable, require Report 4 -D 9 -20 -05 °Dedicated to Excellence, Committed to Service° Honorable Mayor and September 15, 2005 Councilmembers Page 2 of 3 a higher level of maintenance and consume more fuel. These standards are similar to those utilized by a number of Alameda County cities and are incorporated into the Vehicle Use Policy recently revised by the City Manager's Office. The recommended action is to adopt the specifications and authorize the competitive bid process to replace three of the existing patrol fleet vehicles. The details of the service history of these three vehicles are as follows: Vehicle # Repair Costs Mileage Model Year Service History 117 $4,387.55 94,356 2000 No field failures 109 $6,007.50 71,484 2000 Field failure and currently out of service due to a broken engine rod that will cost $2,000 to repair. 110 $4,279.37 87,110 2000 Damaged beyond repair when it was broadsided by a drunken driver. Upon Council authorization, the City Clerk will publish a notice in the Alameda Journal, which serves as the official newspaper for legal advertising for the City, requesting bids for the purchase of three Ford Crown Victoria police vehicles. MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE This action does not affect the municipal code. BUDGET CONSIDERATION /FINANCIAL IMPACT The estimated cost to purchase a Ford Crown Victoria Police Interceptor is $26,000 for the base vehicle. The safety equipment for each vehicle will include a combination of recycled parts and new parts; the estimated additional cost for the new safety equipment is approximately $6,000 per vehicle. Funds for these expenditures are included in the Equipment Replacement Fund for 2005 -2006. Any monies received from the resale of the existing units will be either credited to the sales price or re- deposited into the Equipment Replacement Fund. "Dedicated to ¶cellence, Committed to Service" Honorable Mayor and September 14, 2005 Councilmembers Page 3 of 3 RECOMMENDATION Adopt the specifications and authorize the initiation of the competitive bid process for the purchase of three marked patrol police vehicles. DK/CLO /mn /cj Attachments Respectfully submitted, Craig L. Ojala Interim Chief of Police 'Dedicated to ExceQence, Committed to Service" Notice to Proposers SPECIFICATIONS FOR POLICE VEHICLE PURCHASE The City of Alameda is seeking proposers for the purchase of three marked patrol vehicles. All vehicles must meet the following specifications: 2006 Ford Crown Victoria Vehicle Type Police Interceptor Package Engine 4.6 L SEFI V8 Brake Type Power 4 -Wheel Disc Anti -Lock Braking System Horsepower 250 @ 4000 Alternator 200 -Amp Alternator Interior AM/FM Stereo /Clock Interior extras Air Conditioning Exterior Color Black/White ATTACHMENT A Survey of Outside Agency Police Patrol Vehicle Replacement Policies City Replacement Policy, Albany: 65,000 miles regardless of model year. Will rotate out early if vehicle has history of high repair costs. Berkeley: 4 years or 100,000 miles. Burlingame: 75,000 miles regardless of model year. *Castro Valley: 3 years or 75,000 miles. Dublin: 3 to 4 years. Mileage not used as a guideline. Emeryville: 3 years regardless of model year. Fremont: 100,000 miles regardless of model year. Hayward: 100,000 miles regardless of model year. Livermore: 4 years or 85,000 miles. Newark: 90,000 miles. Oakland: 4 years or 85,000 miles. Piedmont: 5 years. With mileage justification. Pleasanton: 4 years or 80,000 miles. San Leandro: 3 years or 100,000 miles. *San Lorenzo: 3 years or 75,000 miles. San Mateo: 90,000 miles regardless of model year. *Sunol: 3 years or 75,000 miles. Union City: 98,000 miles regardless of model year. Will rotate out early if vehicle has history of high repair costs. *Unincorporated city patrolled by ACSO. Compiled: August 2005 ATTACHMENT B CITY OF ALAMEDA MEMORANDUM Date: September 13, 2005 To: Honorable Mayor and Councilmembers From: Debra Kurita City Manager Re: Recommendation to Reject Bids, Adopt Modified Specifications and Authorize a Second Call for Bids for the Cyclic Sewer Repair Project Phase 4, No. P.W. 05 -03 -11 BACKGROUND On May 17, 2005, the City Council adopted plans and specifications and authorized a call for bids for the Cyclic Sewer Repair Project Phase 4, No. P.W. 05- 03 -11. The project consists of rehabilitating approximately 11,300 linear feet of sanitary sewer pipeline and 380 lower service laterals by open -cut and pipe bursting methods, as well as associated work at the following locations: • Sewer line within 10' sewer easement between Bayo Vista Avenue and Fernside Boulevard (Monte Vista Avenue to the end of sewer line past Fairview Avenue); and • Laurel Street (Clinton Avenue to Powell Street); and • Regent Street (Otis Drive to Central Avenue); and • Walnut Street (Clement Avenue to Clinton Avenue); and • Willow Street (Central Avenue to Clinton Avenue). DISCUSSION To solicit the maximum number of bids and the most competitive price, specifications were provided to 18 separate building exchanges throughout the Bay Area. In addition, a notice of bid was published in the Alameda Journal. Bids were opened on August 10, 2005. Bidders from lowest to highest for total project cost (base bid plus add alternates A and B) are listed below: Bidder Location Bid Amount K.J. Woods Construction San Francisco $2,108,000.00 Ranger Pipeline San Francisco $2,335,763.00 D'Arcy & Harty Construction San Francisco $2,446,575.00 Mountain Cascade Inc. Livermore $2,731,130.00 The engineer's estimate, which was based on recent bids received by other Bay area cities for similar projects, was $1,329,431.00. The lowest bid, offered by K.J. Woods Construction, is approximately 59% over the engineer's estimate. Report 4 -E 9 -20 -05 Dedicated to Excellence, Committed to Service Honorable Mayor and Page 2 Councilmembers September 13, 2005 Staff analyzed the bids and determined that most major sewer main rehabilitation bid items were higher than the engineer's estimate, some by more than 167 %. Staff contacted the bidders to inquire about the high bid prices. The bidders indicated that the higher costs were primarily due to the aggressive 70 working day construction period included in the project specification and the need to have three to four crews working concurrently to meet the schedule. They also stated that increasing the number of working days could result in lower bid prices for the project. The construction period was set to avoid noise and dust impacts to residents during the holidays and to minimize the amount of construction occurring during the wet weather. To address the bidders' comments, the project could be advertised in November 2005, bids received in December 2005 and a proposed start date of March 2006. Therefore, staff recommends that the project specifications be modified from 70 days to 120 days, with construction beginning in Spring 2006. This change should attract more reasonable bid prices. ENVIRONMENTAL COMPLIANCE The Cyclic Sewer Repair Project Phase 4 has been determined to be Categorically Exempt from California Environmental Quality Act in accordance with CEQA Section 15301. BUDGET CONSIDERATION/FINANCIAL IMPACT The project is budgeted as CIP # 95 -02, Sanitary Sewer Enterprise Fund. MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE This action will not affect the Municipal Code. RECOMMENDATION It is recommended that the City Council, by motion, reject the bids, adopt the modified specifications, and authorize a second call for bids for the Cyclic Sewer Repair Project Phase 4, No. P.W. 05- 03 -11. Respectfully submitted, atthew T. Naclerio Public Works Director MTN:BH:gc G: \pubworks \pwadmin\ COUNCIL \2005 \092005\cyciicsewer. doc Dedicated to Excellence, Committed to Service CITY OF ALAMEDA MEMORANDUM Date: September 13, 2005 To: Honorable Mayor and Councilmembers From: Debra Kurita City Manager Re: Recommendation to Amend the Construction Contract with Ghilotti Brothers Inc. for the Park Street Streetscape and Town Center Project, No. P.W. 10- 02 -13, to Increase the Contingency Amount by $120,000 BACKGROUND On February 15, 2005, the City Council awarded the construction contract for the Park Street Streetscape and Town Center Project to Ghilotti Brothers, Inc. in the amount of $2,110,000, including contingencies. This project provides streetscape improvements along Park Street from just north of Central Avenue to Webb Avenue, with utility joint trench work occurring from Lincoln Avenue to Central Avenue. Streetscape improvements include transit and pedestrians plazas, irrigated planter areas as well as street furniture such as benches, trash receptacles, bike racks and double- headed Victorian streetlights. DISCUSSION: The subject action recommends increasing the project contingency amount to accommodate enhancements for sidewalks, street pavement and utilities. The original design for the Park Street project limited sidewalk replacement and pavement restoration to the transit and pedestrian plaza locations. The Park Street Business Association has requested that additional sidewalk be replaced along Park Street to improve the final appearance of the streetscape. The Public Works Department has worked with the contractor to identify areas where additional sidewalk could be replaced without affecting the existing sidewalk above basements extending into the public right -of -way and immediately adjacent to building facades. This additional sidewalk work is estimated to cost $30,000. In addition, the Public Works Department has been working with the contractor to obtain a price to resurface the full width of Park Street within the project limits. The additional pavement work is estimated to cost $60,000. Finally, the contractor has encountered unknown utilities while installing the arch culverts at two pedestrian plazas and additional structural engineering work was required to design the street light foundations, increasing the depth and diameter of the footings. This extra work is estimated to cost approximately $30,000. Since the contractor has already mobilized, the additional concrete and pavement work can be performed more cost effectively than doing it at a later date. The contractor estimates that this additional work can be completed by the end of October without impacting the business association's Report 4 -F 9 -20 -05 Dedicated to Excellence, Committed to Service Honorable Mayor and Page 2 Councilmembers September 13, 2005 objective to have all major construction work completed prior to the holiday shopping season. Installation of street furniture and landscaping is expected to occur during the beginning weeks of November. The proposed amendment to the construction contract is on file in the City Clerk's office. BUDGET CONSIDERATION/FINANCIAL ANALYSIS The Park Street Streetscape and Town Center Project is funded through a $921,000 grant from the Metropolitan Transportation Commission's (MTC) Transportation for Livable Communities Program, a $500,000 match from the Community Improvement Commission (CIC) authorized by Resolution No. 13515 dated August 7, 2002, $1.175 million from the 2003 Merged Area Bond, $380,000 from Alameda Power & Telecom funds, $300,000 from Urban Runoff Fee, and $30,000 from Sewer User Fee. The proposed amendment does not affect the General Fund. There are sufficient funds within the existing project authorization to fund the proposed amendment. MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE The requested action does not affect the Municipal Code. The Park Street Streetscape and Town Center Project is consistent with the Economic Development Strategic Plan. RECOMMENDATION It is recommended that the City Council, by motion, amend the Construction Contract with Ghilotti Brothers Inc. for the Park Street Streetscape and Town Center Project, No. P.W. 10- 02 -13, to increase the contingency amount by $120,000. Respectily submitted, Matthew T. Naclerio Public Works Director MTN:gc Attachment cc: Sally Kueh, Finance G: \pubworks \pwadmin\ COUNCIL \2005\092005\parkstreet.doc Dedicated to Excellence, Committed to Service Willi/ ri. at . 1 . _ 1� tea, , r rilialaill' . tft CITY OF ALAMEDA Memorandum To: Honorable Mayor and Councilmembers From: Debra Kurita City Manager Date: September 7, 2005 Re: Recommendation to Enter Into a Subdivision Improvement Agreement with FOCIL -BP, L.L.C. and Resolution Approving the Final Map and Accepting certain Dedications and Offers of Dedications and Easement Vacations for Tract 7512 (Bayport Blocks F & G 133 - Individual Lots) BACKGROUND The Bayport residential development, now under construction, is being developed through a Limited Liability Corporation by and between FOCIL -BP, LLC. and Warmington Alameda Associates, L.P. The Bayport Project is situated on a total of 115 gross acres at the former East Housing / FISC Annex property which is bordered by Main Street to the west, Tinker Avenue to the north, the proposed extension of Fifth Street to the east (adjacent to the College of Alameda), and Atlantic Avenue to the south. The Master Plan for the build -out of the Bayport Project includes 485 detached and attached single - family homes and four 1A -acre mini -parks interspersed throughout the neighborhood. The new neighborhood subdivision will also include 62 -units of affordable housing, the development of a joint -use four -acre community park and a seven -acre K -8 school. The CIC is obligated to convey residential land based on terms and conditions set forth in the Disposition and Development Agreement (DDA). As referenced in this agreement, the CIC must convey property in phases consisting of three Residential Conveyance Parcels for a total of 485 lots (See attached Bayport Residential Conveyance Parcel Map). Residential Conveyance Parcel 1 included Blocks A, B & C (197 lots), and Residential Conveyance Parcel 2 included Blocks D & E (155 lots). These parcels totaling 352 lots were previously conveyed. The last remaining conveyance is Residential Conveyance Parcel 3, which includes Blocks F & G (133 lots). In order to convey Residential Conveyance Parcel 3, the City Council must approve the Subdivision Improvement Agreement and Final Map for Tract 7512. Report and Reso 4 -G 9 -20 -05 Honorable Mayor and September 7, 2005 Councilmembers Page 2 of 4 DISCUSSION Approval of the Subdivision Improvement Agreement The City, in accordance with Section 30 -85 of the City's Subdivision Ordinance, has developed a Subdivision Improvement Agreement ( "SIA ") that requires the Developer to construct all necessary in -tract improvements and to complete all outstanding Tentative Map conditions. A copy of the Agreement is available in the City Clerk's office. The SIA includes bonding, insurance and warranty requirements for in -tract infrastructure improvements. The key outstanding approvals include: payment of mitigation fees on a per -unit basis at time of building permit issuance; approval of revised Conditional Letter of Map Revision from FEMA and certification of pads prior to issuance of occupancy permit; completion of Phase 2 Backbone Infrastructure; and a requirement to mitigate impacts at the 4 -acre Neighborhood Park Site associated with grade differentials between approved Tentative Map and infrastructure. Exhibit B of the SIA contains a list of all outstanding Tentative Map Conditions. Bonding Requirement The Subdivision Improvement Agreement requires the posting of labor, material and performance bonds for the proposed improvements, a five -year maintenance bond for infrastructure improvements and two -year maintenance bond for landscaping and irrigation. The Engineer's estimate for the required public and private in -tract improvements is $6,463,500. The Engineer's estimate for landscaping and irrigation improvements is $1,313,000. All of the required bonds have been submitted to the City, have been deemed acceptable by the Risk Manager and are on file with the City Clerk. In -tract infrastructure improvements include storm drains, sanitary sewers, pavement, sidewalks, utilities, landscaping, irrigation, grading, joint utility trench, traffic signing and striping, and streetlights. Final Map The Final Map for Tract 7512 (on file with the City Clerk) provides for the development of Residential Phase 3 of the Amended Tentative Map. Final Tract Map 7512 creates 133 legal lots, private and public streets, lanes and common areas within Blocks F and G. In addition, Amended Tentative Map 7179 Conditions of Approval will remain on this parcel and will be removed with the filing of a Final Map at some time in the future. The recordation of Final Map for Tract 7512 will not occur until all conditions precedent to recordation identified in the SIA are satisfied. Dedicated to Excellence, Committed to Service Honorable Mayor and September 7, 2005 Councilmembers Page 3 of 4 Establishment and Acceptance of Easements Easements within the Final Map property that are required to serve the residential lots include emergency vehicle, public access and public utility easements. Easements required to serve the project that are outside of the Final Map area, and that still need to be acted upon include the vacation and relocation of existing storm water easements. No certificates of occupancy will be issued until all the required easements have been secured. Approval of the In -Tract Backbone Infrastructure Improvement Plans In -tract Improvement Plans for grading, storm drain, sewer, water, electrical, gas and streets have been submitted to the City, reviewed by the Departments of Development Services, Planning, Public Works, Recreation and Parks, Police, Fire, and AP &T and have been found to be consistent with the DDA, City standards, the Master Plan and the Master Demolition, Infrastructure and Grading Plan, unless specifically denoted on Improvement Plan documents as design exceptions which were approved by the City Engineer. The City Engineer has found the in -tract infrastructure improvement plans to be substantially complete. Excavation permits will not be issued until all outstanding in -tract improvement conditions listed in the Subdivision Improvement Agreement are incorporated to the satisfaction of the City Engineer and City Building Official. Performance Schedule Approval of this action will satisfy the major remaining conditions required for the conveyance of Residential Phase 3 Property (Blocks F & G). In the interim, staff is working with the Developer to complete other pre- conveyance conditions, which include the completion and acceptance of Phase 2 Backbone Improvement Plans and the sign -off of all required mitigation and monitoring programs. Backbone infrastructure improvements that support the entire development are scheduled to be complete by early 2006. The 62- unit "Breakers" affordable housing development is scheduled to be complete by the end of 2005. The new seven -acre K -8 school and four -acre community park are scheduled to open September 2006. Final build -out of the entire residential development will be complete in FY 2007/08. As of July 31, 2005, the Homebuilder (Warmington Homes) has pulled 202 building permits and 106 homes have been sold. BUDGET CONSIDERATION /FINANCIAL IMPACT As directed, no general fund monies will be used for implementation of the project. All project costs related to demolition and the construction of public infrastructure including applicable traffic mitigation costs are being funded from revenues generated from the project. Project revenues consist of land sale proceeds, CIC profit participation and redevelopment tax increment revenues. Dedicated to Excellence, Committed to Service Honorable Mayor and September 7, 2005 Councilmembers Page 4 of 4 MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE The subject actions conform to the General Plan, Catellus Master Plan, Development Agreement and Disposition and Development Agreement. These actions also conform to City Council Resolution No. 13643 Establishing a Policy of Fiscal Neutrality Regarding Development at the Fleet Industrial Supply Center /East Housing and Alameda Point. ENVIRONMENTAL REVIEW The requested actions do not require CEQA review. RECOMMENDATION 1) Authorize the City Manager to execute the Subdivision Improvement Agreement and accept Bonds based on Engineer's estimates in the amount of $6,463,500 for in -tract infrastructure improvements and $1,313,000 for in -tract landscape improvements. 2) Adopt the attached Resolution approving Final Map and accepting certain Dedications and Offers of Dedications and Easement Vacations for Tract 7512 (Bayport Blocks F & G 133 Individual Lots). LAL /DC:dc Attachments: 1. Bayport Residential Conveyance Parcel Map 2. Subdivision Improvement Agreement and Bonds (on file with the City Clerk) 3. Final Map for Tract 7512 (on file with the City Clerk) 4. In -Tract Backbone Infrastructure Improvement Plans (on file with the City Clerk) Respe f submitted, L Development Services Director uglas Col Redevelopment Manager G :1ComdevlBase Reuse& Redevp1DougColel3rd ConveyancelTract No. 7512 (Blocks F &G)ICC Staff Report SIA & FM Tract 7512 Sepetmber 20 2005.doc Dedicated to Excellence, Committed to Service CITY OF ALAMEDA RESOLUTION NO. APPROVING FINAL MAP AND ACCEPTING CERTAIN DEDICATIONS AND OFFERS OF DEDICATION AND EASEMENT VACATIONS FOR TRACT 7512 E �i >- WHEREAS, an application was made on October 26, 1999 by the Catellus ,,j Development Corporation requesting approval for a General Plan Amendment, Master o z Plan, Rezoning, Development Agreement and Tentative Map relating to the development -I-. o of a residential area, including sites for parks, public open space, a school, and a co E._ commercial /business park area on a 215- acre site encompassing the Alameda Naval Air Station (NAS) East Housing, the Alameda Fleet and Industrial Supply Center and Annex. w -°l The project would be completed in phases over a multi -year period, depending on market conditions. The project would include associated parking, landscaping and public shoreline access; and WHEREAS, the proposal for a Master Plan, General Plan Amendment, Rezoning, Development Agreement, Tentative Map, Parcel (Disposition) Map, City Council Resolution 13216 (certifying the Final EIR for the Catellus Mixed Use Development) and City Council Resolution 13217 (making findings concerning mitigation measures and alternatives, and adoption of a Statement of Overriding Considerations and a MMRP) were approved by the City Council on May 31, 2000; and WHEREAS, pursuant to Resolution No. 13423, the City Council approved Tentative Map Amendment TMA01 -002 to Tentative Map, TM -7179 on December 18, 2001; and WHEREAS, pursuant to Chapter 30, Article VI, Title 30 -81, Final Map, of the Alameda Municipal Code ( "AMC "), the City of Alameda, CIC (Owner) and Developer (Subdivider), have prepared and presented to this Council the Final Map of the Subdivision known as Tract 7512; and WHEREAS, Tract 7512 establishes 133 legal lots, private and public streets, lanes and common areas; WHEREAS, said Final Map delineates thereon for dedication to the City of Alameda public streets, easements for public utilities and rights for public safety vehicles and emergency equipment easements for private facilities, utilities and access; and WHEREAS, said Final Map delineates thereon vacation and abandonment of appropriate existing public easements; and WHEREAS, Subdivider desires to enter into a Subdivision Improvement Agreement ( "Agreement ") to construct and complete the improvements in said subdivision, has submitted the Final Map therefore for approval at this time, and has posted its bond guaranteeing full and faithful performance of said work which has been approved by City, all in accordance with AMC Section 30 -85; and WHEREAS, it will be to the advantage and benefit of the City to have said work performed in accordance with said Agreement. Resolution #4 -G 09 -20 -05 BE IT RESOLVED that the Final Map of Tract 7512 be, and hereby is, approved: BE IT FURTHER RESOLVED that certain easements dedicated to the public and rights of access are hereby accepted, on behalf of the public and the City, for use in conformity with the terms of the dedication; BE IT FURTHER RESOLVED that said public easements designated for abandonment are hereby vacated; BE IT FURTHER RESOLVED that other said easements offered for dedication but for which improvements have not yet been constructed will be accepted at a later date upon completion of those improvements; BE IT FURTHER RESOLVED that the agreement for construction and completion of the public improvements in said subdivision pursuant to the Agreement, and all its terms and conditions be, and hereby are, approved and the City Manager and the City Clerk are authorized and directed to execute and attest to, respectively, said Agreement on behalf of the City of Alameda; and BE IT FURTHER RESOLVED that the Bonds in the total sum of $7,776,500 guaranteeing full and faithful performance of said public improvements, labor and materials are hereby approved as sufficient in amount. 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 , 2005, 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 , 2005. Lara Weisiger, City Clerk City of Alameda CITY OF ALAMEDA MEMORANDUM Date: September 12, 2005 To: Honorable Mayor and Councilmembers From: Debra Kurita City Manager Re: Recommendation to Adopt a Resolution Approving Parcel Map No. 8725 and Accepting Dedication of Easements (Bridgeside Shopping Center) BACKGROUND On December 3, 2003, the Community Improvement Commission (CIC) entered into a Disposition and Development Agreement (DDA) with Regency Realty Group, Inc. for the redevelopment of the Bridgeside Shopping Center. On June 27, 2005, the Planning Board adopted Resolution No. PB -05- 25 approving Parcel Map No. 8725, creating four parcels for the shopping center. DISCUSSION The parcel map has been reviewed and determined to be technically correct and in substantial conformance with the approved parcel map and conditions of approval. Public access easements are provided along the east and west perimeter of the shopping center to provide access to the Estuary from Blanding Avenue and Tilden Way. The subdivider is also required to provide a public access easement along the shoreline prior to occupancy of the first building, subject to the approval of the Bay Conservation and Development Commission and the City Engineer. Easements for AP &T transformers and appurtenances will be granted by separate instrument upon development of the parcels. The separate easements will be subject to review and approval by the City Engineer and AP &T and recorded in accordance with Resolution No. 5328, which authorizes the Mayor or Vice - Mayor to accept deeds and grants of real property or easements. The property is also subject to declaration of easements, similar to covenants, conditions and restrictions, which will be recorded concurrently with the parcel map. The declaration of easements will provide for reciprocal private easements for ingress, egress, parking, drainage, utilities, landscaping, lighting, and the maintenance and repair of common areas. Public improvements include reconstruction of existing sidewalk, curb and gutter, driveways, storm drain, striping, railroad track removal along Blanding Avenue and replacement with street pavement, and repairing existing public storm drain lines within the site. Shoreline improvement, landscape and irrigation plans for both on -site and off -site construction will be reviewed by the Public Works Department in conjunction with the building permit application process. Dedicated to Excellence, Committed to Service Re: Reso 4 -H 9 -20 -05 Honorable Mayor and Page 2 Councilmembers September 12, 2005 The subdivider has posted a cash deposit of $300 to guarantee delivery of a mylar copy of the recorded parcel map and has provided a deposit for staff review costs. The parcel map is on file in the City Clerk's office. BUDGET CONSIDERATION/FINANCIAL IMPACT The property owner will be responsible for maintenance of the public access areas, including the sidewalk frontage. MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE This action does not affect the Municipal Code. RECOMMENDATION It is recommended that the City Council adopt a resolution approving Parcel Map No. 8725 and accepting dedication of easements (Bridgeside Shopping Center). Respect submitted, Matthew T. Naclerio Public Works Director Ed Sommerauer Associate Civil Engineer MTN:ES:gc Attachment G:\ pubworks\ pwadmin \COUNCTL\2005 \092005\pm8725.doc Dedicated to Excellence, Committed to Service r E 0 0 0 1 CITY OF ALAMEDA RESOLUTION NO. APPROVING PARCEL MAP AND ACCEPTING DEDICATION OF EASEMENTS FOR PARCEL MAP NO. 8725 WHEREAS, Parcel Map No. 8725 was approved by the Planning Board per Resolution No. PB05 -25 on June 27, 2005; and z WHEREAS, Parcel Map 8725 was found in compliance with the California cc Environmental Quality Act (CEQA) that an Initial Study was prepared for the Disposition i-- and Development Agreement for this site, and a Mitigated Negative Declaration finding Q no significant impact with adoption of mitigation measures, which was adopted in December 2003, fulfills CEQA for this project. No significant changes are proposed that 1... will require revisions to the Mitigated Negative Declaration; and WHEREAS, the Public Works Department has reviewed Parcel Map 8725 and has proposed a number of Conditions which have been incorporated as Conditions in City Planning Board Resolution No. PB- 05 -25; and WHEREAS, said Parcel Map delineates thereon dedication to the City of Alameda easements for public access; and WHEREAS, subdivider and City having entered into an agreement "Disposition and Development Agreement by and between the Community Improvement Commission of the City of Alameda and Regency Realty Group, Inc." on December 3,2003 to construct and complete public improvements with the City right -of -way; and WHEREAS, it will be to the advantage and benefit of the City to have said work in accordance with said agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda that Parcel Map No. 8725 be, and hereby is, approved; and BE IT FURTHER RESOLVED that said easements dedicated to the public for rights of access to the City of Alameda are hereby accepted, on behalf of the public and the City, for use in conformity with the terms of offers of dedication. Resolution #4 -H 09 -20 -05 I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 20th day of September, 2005, 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 20th day of September, 2005. Lara Weisiger, City Clerk City of Alameda CITY OF ALAMEDA Memorandum TO: Honorable Mayor and Councilmembers FROM: Debra Kurita City Manager DATE: September 20, 2005 RE: Resolution amending the Management and Confidential Employees Association Salary Schedule by establishing the salary range for the position of Sales and Service Supervisor and amending the salary range for the position of Information Systems Network Analyst BACKGROUND The Memorandum of Understanding (MOU) for the Management and Confidential Employees Association (MCEA) was adopted in 2002 and covers the period September 9, 2002 through December 31, 2004. This MOU establishes the salary ranges for positions represented by the MCEA bargaining unit. DISCUSSION The Marketing and Customer Services Division of Alameda Power & Telecom (AP &T) requires a new classification to adequately meet the sales and subscription - related goals and objectives of the department's telecommunication business plan. The proposed Sales and Service Supervisor will transform the existing Customer Service section by shifting its focus to sales and retention of customers in addition to providing excellent customer service. The term "sales and service" in the position's title also reflects modern competitive business nomenclature. The new Sales and Service Supervisor position will provide the following: • Promote an environment that views sales as a way of helping customers receive the best value for their money, while appropriately offering products and services that align the customers' needs and wants. • Supervise and monitor calls to ensure assigned staff are providing excellent customer service in order to satisfy customers through single call resolution. • Direct sales and service activities including but not limited to office and field customer service, credit and collection services related to data collection, and rate - making activities. The proposed bi- weekly salary schedule for the Sales and Service Supervisor position is $2903- $3048- $3200 - $3360- $3528. This salary range appropriately reflects the change in business focus and the supervisorial duties over Customer Service Representative employees who provide electric and telecom business line services. Re: Reso 4 -1 9 -20 -05 "Dedicated to Excellence, Committed to Service" Honorable Mayor and Page 2 Councilmembers September 20, 2005 On August 16, 2005, City Council approved an amendment to the MCEA salary schedule, which established the salary range for the classification of Information Systems Network Analyst. In order to make the bi- weekly salary range listed in the resolution consistent with the salary range approved by the Public Utilities Board, the new biweekly salary range for this classification is $2632 - $2764 - $2902 - $3047- $3199. BUDGET CONSIDERATION/FINANCIAL IMPACT The AP &T Enterprise Fund will pay the funds required to cover the recommended salary ranges of the Sales and Service Supervisor and Information Systems Network Analyst classifications. Funding has been authorized by the Public Utilities Board for these positions and there is no increase in the total number of employees. There is no financial impact to the General Fund. RECOMMENDATION It is recommended that the City Council, by motion, approve the amendment to the Management and Confidential Employees Association salary schedule for the classifications of Sales and Service Supervisor and Information Systems Network Analyst. Respectfull submitted, Karen Willis Human Resources Director "Dedicated to Excellence, Committed to Service" CITY OF ALAMEDA RESOLUTION NO.. AMENDING THE MANAGEMENT AND CONFIDENTIAL EMPLOYEES ASSOCIATION (MCEA) SALARY SCHEDULE BY ESTABLISHING THE SALARY RANGE FOR THE POSITION OF SALES AND SERVICE SUPERVISOR AND AMENDING THE SALARY RANGE FOR THE POSITION OF INFORMATION SYSTEMS NETWORK ANALYST 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 positions of Sales and Service Supervisor and Information Systems Network Analyst, designating those as applicable to these classifications in the service of the City of Alameda. CITY OF ALAMEDA MANAGEMENT AND CONFIDENTIAL EMPLOYEES ASSOCIATION Effective September 21, 2005 Code Classification EXEMPT . BI- WEEKLY Step 1 Step 2 Step 3 Step 4 Step 5 7054* Sales and Service Supervisor $2903 $3048 $3200 $3360 $3528 7316* Information Systems Network Analyst $2632 $2764 $2902 $3047 $3199 *Indicates classification within thirty -seven and one -half (37 1/2) hour original work week. Resolution #4 -I 09 -20 -05 I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the day of , 2005, 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 , 2005. Lara Weisiger, City Clerk City of Alameda f CITY OF ALAMEDA RESOLUTION NO. ACKNOWLEDGING ACTING CITY MANAGER WILLIAM C. NORTON FOR HIS CONTRIBUTIONS TO THE CITY OF ALAMEDA E L �i w THE COUNCIL OF THE CITY OF ALAMEDA records its appreciation for the o z extraordinary service faithfully rendered by WILLIAM C. NORTON to the City of Alameda; °C and 1-- a WHEREAS, BILL NORTON was first hired by the City in June, 1981 as Public Works Director, was appointed City Manager in August, 1988; and retired from the City of I- the Alameda in October, 1996; and WHEREAS, BILL NORTON most recently served as Acting City Manager from January, 2005 through July, 2005; and WHEREAS, BILL NORTON made significant contributions to the City of Alameda in his most recent tenure, among those being: • Bill guided the City through a challenging budget season which included making difficult choices while balancing budget needs; and • Bill was instrumental in ensuring the progress of the New Main Library project by negotiating an agreement with PG &E to move its utilities out of the way of building construction and in working with City staff to ensure the timely relocation of electric facilities; and • Under Bill's leadership, substantial progress was made on important redevelopment and infrastructure projects; and • Also under Bill's leadership, a new home was located for the Alameda County Health Services thereby enabling the Alameda Recreation and Parks Department to relocate in the former County Health building on Santa Clara Avenue. This new location has improved the working environment for dozens of City employees and allows these employees to better serve Alamedans; and • Bill successfully negotiated an agreement with the Metropolitan Transportation Commission to allow the Harbor Bay Ferry service to continue operations; and Resolution #5 -A 09 -20 -05 WHEREAS, on July 31, 2005 BILL NORTON successfully completed his assignment as Acting City Manager for the City of Alameda. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Alameda does hereby congratulate WILLIAM C. NORTON for his service to the citizens of Alameda and extends its deepest gratitude to him for his many labors on behalf of the City. Mayor Beverly Johnson Vice Mayor Marie Gilmore Councilmember Tony Daysog Councilmember Doug deHaan Councilmember Frank Matarrese 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 , 2005, 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 , 2005. Lara Weisiger, City Clerk City of Alameda CITY OF ALAMEDA RESOLUTION NO. REAPPOINTING KAREN LEE AS A MEMBER OF THE CITY PUBLIC ART COMMISSION BE IT RESOLVED by the Council of the City of Alameda that pursuant to Section 30 -65.7 of the Alameda Municipal Code and Resolution No. 13573, and upon nomination i2 W of the Mayor, KAREN LEE is hereby reappointed to the office of member of the Public Art Commission of the City of Alameda for the term commencing on October I, LUVU d1U r Y o e expiring on September 30, 2009, and to serve until her successor is appointed and F. qualified. v 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 , 2005, 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 , 2005. Lara Weisiger City Clerk Resolutions #5 -B 09 -20 -05 E ® _ > 30 -65.7 of the Alameda Municipal Code and Resolution No. 13573, and upon nomination W cc of the Mayor, K.C. ROSENBERG is hereby reappointed to the office of member of the 0 Public Art Commission of the City of Alameda for the term commencing on October 1, CITY OF ALAMEDA RESOLUTION NO. REAPPOINTING K.C. ROSENBERG AS A MEMBER OF THE CITY PUBLIC ART COMMISSION BE IT RESOLVED by the Council of the City of Alameda that pursuant to Section 2005 and expiring on September 30, 2009, and to serve until her successor is appointed and qualified. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the day of , 2005, 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 , 2005. Lara Weisiger City Clerk E 0 L 0 cn co 0 - - -- 0 CITY OF ALAMEDA RESOLUTION NO. APPOINTING TERRI BERTERO OGDEN AS A MEMBER OF THE CITY RECREATION AND PARK COMMISSION BE IT RESOLVED by the Council of the City of Alameda that pursuant to Section 2- 7.1 of the Alameda Municipal Code, and upon nomination of the Mayor, TERRI BERTERO w OGDEN is hereby appointed to the office of member of the Recreation and Park z cc Commission of the City of Alameda commencing October 1, 2005 and expiring on September 30, 2009, and to serve until her successor is appointed and is qualified. 1- 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 , 2005 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 , 2005. Lara Weisiger, City Clerk City of Alameda CITY OF ALAMEDA ORDINANCE NO. New Series AMENDING THE ALAMEDA MUNICIPAL CODE BY AMENDING CHAPTER XIII (BUILDING AND HOUSING) BY 7e. REPEALING ARTICLE I SECTION 13.4 (ALAMEDA 0 >. ELECTRICAL CODE) IN ITS ENTIRETY AND ADDING A NEW 00 ▪ 01 ARTICLE I SECTION 13.4 ( ALAMEDA ELECTRICAL CODE) TO cc ADOPT THE 2004 EDITION OF THE CALIFORNIA ® ELECTRICAL CODE, AND APPROVING CERTAIN a- t— AMENDMENTS THERETO. > >. BE IT ORDAINED by the City Council of the City of Alameda that: Section 1. The Alameda Municipal Code is amended by repealing Article I Section 13.4 of Chapter XIII in its entirety. Section 2. The Alameda Municipal Code is amended by adding a new Article I Section 13.4 to Chapter XIII of the Alameda Municipal Code which shall read as follows: ARTICLE I. UNIFORM CODES RELATING TO BUILDING, HOUSING AND TECHNICAL CODES 13.4 ALAMEDA ELECTRICAL CODE 13 -4.1 Adoption of California Electrical Code. Except as hereinafter provided, the California Electrical Code, 2004 Edition, published by the National Fire Protection Association is adopted by reference and made a part hereof as if fully set forth herein at length, and shall be know as the Alameda Electrical Code. (Ord. No. 2788 N.S. § 2) 13 -4.2 Modifications, Amendments and Deletions to the California Electrical Code. a. Article 230 -8, Raceway Seal, of the California Electrical Code, 2001 Edition, is amended by adding the following: Raceways or ducts within the underground box shall also be sealed. b. Article 230 -26, Point of Attachment, of the California Electrical Code, 2004 Edition, is amended to read as follows: Unless special permission is granted in advance to do otherwise, the location of the point of service drop support or attachment on a building shall be at that portion of the building Resolution #5 -C 09 -20 -05 facing and nearest to the street, alley, easement, or public way on which is located the utility's pole having facilities for rendering service of the type required to fit the needs of the particular installation involved. The point of attachment shall be the portion of the service conduit adjacent to the service head. The service conduit shall be securely fastened to structure served and space provided for attachment of a service drop strain clamp by the serving utility. The outer or upper end of the overhead service conduit shall not overhang or project horizontally more than eighteen inches (18 ") beyond the last point at which the conduit is supported and fastened. In cases where it is necessary to obtain the required height for support of the service drops by extending the service conduit above the roof of the building, only rigid metallic and intermediate metal conduit shall be used for this purpose and shall not be smaller than one and one - quarter inches (1 1/4") trade size, not to extend more than thirty inches (30 ") beyond the last support for periscope service without brace. If nonferrous metal conduit is used, it shall not be smaller than two inches (2 "). c. Article 230 -30, Insulation, of the California Electrical Code, 2004 Edition, is amended by deleting the exceptions and adding the following: Service entrance conductors entering buildings or other structures shall be insulated. Conductors installed in underground raceways shall have XHHW, THW or other suitable insulation as listed in 75 ° C column of Table 310 -16 of the National Electrical Code. d. Article 230 -8, Insulation of Service Entrance Conductors, of the California Electrical Code, 2004 Edition, is amended by adding the following: Ends of service conductors in underground boxes shall be sealed to prevent entrance of moisture. e. Article 230 -43, Wiring Methods for 600 Volts, Nominal, or Less, of the California Electrical Code, 2004 Edition, is amended by deleting items 1, 2, 5, 6, 7, 12, 13,14,15 & 16 and by adding the following: Except when installed as busways or cablebus, all service entrance conductors in or on buildings shall be installed in rigid metal conduit or intermediate metal conduit Service entrance conduits installed to supply single and duplex family units shall not be smaller than one and one - quarter inch (1 1/4 ") trade size. f. Article 230 -49, Protection Against Physical Damage - Underground, of the California Electrical Code, 2004 Edition, is amended by adding the following: Underground service entrance conductors shall be installed in rigid metal conduit or rigid non - metallic conduit sized not smaller than two inches (2 "). On utility poles conduit risers shall be rigid non - metallic up to a height above grade of eight feet (8'). g. Article 230 -54, Connections at Service Head, of the California Electrical Code, 2004 Edition, is amended by adding the following: The service head shall be located on that portion of the building served which is facing the serving line. The service head shall be located at that height which will allow for the proper clearance of the service drop over street, curb, and sidewalk. This will require that the service head for residential occupancies be not less than twelve feet, six inches (12'6 ") above the driveway where the drops may cross a private driveway, and not less than ten feet, six inches (10'6 ") above the ground where persons may walk, other than a public walk, which requires a clearance of sixteen feet (16') above the curb. If the height of the building involved is such that these clearance heights cannot be maintained, then a periscope -type service or some other auxiliary structure shall be resorted to. In the event that a periscope -type service is used, it may be placed on the side of the building served not more than eighteen inches (18 ") back of the wall which is facing the serving line. h. Article 230 -70, General, (a) Location, of the California Electrical Code, 2004 Edition, is amended to read as follows: The service disconnecting means shall be located at a readily accessible point nearest to the entrance of the service conductors, and in residential property shall be accessible from the exterior, except where a meter room is provided. Such service disconnecting means shall not be installed under show windows, or in the cases of multiple occupancies, in any location not readily accessible to all parties concerned. Service disconnecting means shall not be installed in bathrooms. i. Article 230 -71, Maximum Number of Disconnects, of the California Electrical Code, 2004 Edition, is amended to read as follows: A separate service disconnecting means shall be provided for each separately metered subdivision of the service conductors. Switches or circuit breakers accessible from the exterior of the building shall be limited to one for each meter; in new construction however, exceptions will be granted in cases involving provisions for the installation of major household appliances, provided that the over current devices are contained within a single panel board assembly approved for the purpose, in which case the number of circuits shall be limited to six (6). More than six (6) disconnects will require a main disconnect. The service disconnecting means shall have provisions for locking each subservice disconnect in the "Off' position with a utility -type seal. j. Article 240 -24, Location in or on Premises, (b) Occupant to Have Ready Access, of the California Electrical Code, 2004 Edition, is amended by adding the following: In new installations, not more than two feeder or branch - circuit over current devices shall be installed on the load side of any meter in any meter cabinet opening to the exterior of a building. For a larger number of over current devices, a distribution center shall be provided at a suitable location within the building. Exceptions to this rule will be granted in cases involving provision for the installation of major household appliances, provided that the over current devices are contained within a single panel board assembly approved for the purpose. In apartment houses and other buildings of multiple occupancy, branch circuit over current devices which are located in an apartment or portion of the building intended to be separately occupied by a tenant will not be considered as being readily accessible if they protect circuits supplying any outlets or equipment not for this exclusive use of this tenant. The over current device may be located in a commonly accessible location, but all circuits supplying individual apartments in multifamily dwellings shall be confined to each individual apartment served. k. Article 250 -50, Grounding Electrode System, of the California Electrical Code, 2004 Edition, is amended by adding the following: The concrete encased electrode described in 250 -52 A (3) shall be installed during the construction of all new buildings as the primary ground and when new foundations are constructed for existing buildings: A ground rod electrode shall be installed at the service entrance location at time of alteration or installation of service to existing buildings as a primary grounding means. 1. Article 250 -104 B, Bonding of Piping Systems, of the California Electrical Code, 2004 Edition, is amended by adding the following: General. Interior and exterior hot and cold water system shall be bonded to the neutral buss and the interior gas piping. Such connection shall not be located in under- the -floor crawl spaces, except by permission of the Building Official. m. Article 300 -3, Conductors, (c) Conductors of Different Systems, of the California Electrical Code, 2004 Edition, is amended by adding the following: Conductors Supplied by Individual Disconnecting Means in Two or More Occupancy Buildings. Conductors or circuits derived from a sub - service disconnecting means for an occupancy shall not occupy the same wiring enclosure, cable, or raceway with conductors for other occupancies. Exception 1. Emergency circuit wiring Exception 2. Group - mounted service boards in single enclosures and auxiliary gutters at service switchboard location. n. Article 334.10, Uses Permitted, of the California Electrical Code, 2004 Edition, is amended by adding the following: Nonmetallic- sheathed cable may be used in the hollow spaces of walls and ceilings of wood frame construction and must be concealed by the permanent finish of the building. It is limited to use on circuits not exceeding 300 volts between conductors or 150 volts to ground. o. Article 334- 15(c), In Unfinished Basements, of the California Electrical Code, 2004 Edition, is amended by adding the following: In wood frame construction where cable is not exposed to physical damage, the cable shall either be run through bored holes in joists, parallel to joist, or on girders or running boards and shall closely follow the vertical surface of such members. Where cable is exposed to physical damage, a metal -clad system of wiring shall be used in the unfinished area of the building. p. Article 338.10, Uses Permitted as Service- Entrance Conductors, of the California Electrical Code, 2004 Edition, is deleted. q. Article 358.16, Use, of the California Electrical Code, 2004 Edition, is amended by adding r the following: Electrical metallic tubing shall not be used in the ground floor slab or in any location where it would be in contact with the ground. n. Article 394 of the California Electrical Code, 2004 Edition, is deleted. (Ord. No. 2898 N.S. § 2) 13 -4.3 Findings. Subdivisions (a) through (r) of Section 13 -4.2 are based upon the following findings: Pursuant to Sections 17958.5 and 17958.7 of the California Health and Safety Code, the City Council finds that the modifications of the California Electric Code, 2004 Edition, contained in subdivisions (a) through (r) of Section 13 -4.2, are reasonably necessary because of certain local climatic, geographical and topographical conditions existing in the City of Alameda which are more specifically described as follows: a. The City of Alameda is an island community with access dependent upon bridges and underwater tubes and, in the event of a disaster, could be completely isolated from outside assistance. b. The City of Alameda is adjacent to several earthquake faults, which make buildings and structures susceptible to structural ruptures and fires. c. The entire municipal water supply for the City of Alameda is transported via three aqueducts, which are vulnerable to earthquake and tidal flooding. d. Alameda is a low -lying island community with soil and groundwater conditions, which are corrosive to metals. e. Alameda has very fine, sandy soil conditions. f. The City of Alameda lies in the path of two (2) airport landing and takeoff zones. g. Electrical power in the City of Alameda is provided by Alameda Power and Telecom, a City owned and operated municipal utility, which has the authority to regulate acceptable materials, arrangement, location and type of service equipment. (Ord. No. 2898 N.S. § 2) 13 -4.4 Copy of California Electrical Code with Planning and Building Department. A copy of the California Electrical Code, 2004 Edition, has been deposited in the Office of the Planning and Building Depai tment of the City and shall be maintained by the Building Official for use and examination by the public. (Ord. No. 2898 N.S. § 2) Section 5. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council of the City of Alameda herby declares that it would have passed this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional. Section 6. All former ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance hereby adopted, to the extent of such conflict only, are hereby repealed. Section 7. The City Clerk of the City of Alameda is hereby directed to cause this ordinance to be published in the Official Newspaper of the City of Alameda Section 8. This ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect 30 days after the date of its final passage and adoption. Presiding Officer of the Council Attest: Lara Weisiger, City Clerk I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by Council of the City of Alameda in regular meeting assembled on the day of , 2005, 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 , 2005. Lara Weisiger, City Clerk City of Alameda CITY OF ALAMEDA Memorandum To: Honorable Mayor and Councilmembers From: Debra Kurita City Manager Date: September 7, 2005 Re: Authorize the Submission of an Application with the California Film Commission to enable City Participation in the Film Liaisons in California, Statewide (FLICS) Program and Adopt a Resolution Determining an Alameda Film Commission as the City's Official FLICS Designee BACKGROUND In May, an off - agenda report apprised Council that Development Services staff were evaluating the costs and benefits of activity recruiting the film industry to Alameda. Staff visited both the Cities of San Francisco and Oakland's film commission offices and researched how Bay Area film commissions work and the impact of their efforts on their communities. It was determined that more active participation in film attraction and increasing the visibility of the City's filming interest could be highly beneficial to the local economy. DISCUSSION Alameda's scenic setting in the San Francisco Bay has long attracted filmmakers. A partial list of well -known films staged in Alameda includes: • Treasure Island (1934) with Wallace Beery and Jackie Cooper • Thirty Seconds Over Tokyo (1944) with Spencer Tracy, Robert Mitchum and Van Johnson (base scenes filmed at the former Alameda Naval Air Station) • Yours, Mine and Ours (1968) with Henry Fonda and Lucille Ball • The Candidate (1972) with Robert Redford (portions filmed at the old drive -in site in West Alameda) • The Net (1995) with Sandra Bullock • The Rain Maker (1997) with Matt Damon and Danny Devito • What Dreams May Come (1998), Bicentennial Man (1999) with Bay Area resident Robin Williams Report and Reso 5 -D 9 -20 -05 Dedicated to Excellence, Committed to Service Honorable Mayor and September 14, 2005 Councilmembers Page 2 of 6 • The Matrix (1999) with Keanu Reeves (extensive use of the Posey Tube) • Valley of the Hearts Desire (2005) currently being filmed in and about Alameda Upon base closure, the availability of the large -scale airplane hangars attracted several moviemakers to film in Alameda. Although demand for small commercial or minor serial filming has been active recently, research has demonstrated that active, concerted marketing of the City's attributes to the film industry is necessary to create ongoing interest. Benefits of a local Film Commission The entertainment industry is one of California's leading employment and tax revenue generating industries. Recent statistics released by the Motion Picture Association of America (MPAA) suggest it is a $34.3 billion industry employing 250,000 people directly and another 511,000 indirectly. Of the $34.3 billion dollars, $17.2 billion comes from payroll expenditures and $17.1 from vendor expenditures. The total personal income and sales taxes paid by the entertainment industry in California in 2002 were $1.5 billion. The industry provides high -wage sector jobs, with average salaries 70% higher than salaries in other businesses statewide. The local impact of filming can be significant. When a feature film goes on location requiring overnight stays, the cast and crew will often remain in that location anywhere from two to six weeks. Expenditures for companies filming on location average $30,000 per day. The average feature film involves a crew of 90 and a cast of typically ten principal actors, requiring 100 rooms. Additionally, a company may bring only key crewmembers and hire qualified technicians and other support staff locally. Further, businesses such as local lumberyards, hardware stores and financial institutions may experience a positive economic impact. How Film Commissions Are Established The California Film Commission (CFC) was established in 1984 by the legislature in recognition of the vital role the entertainment industry plays in the California economy. The CFC works within a network known as FLICS (Film Liaisons In California, Statewide) to promote the film industry in California. There are over 75 FLICS designees found within municipal and county governments, chambers of commerce, and tourism bureaus. FLICS designees receive benefits from their designations and in return, bear certain responsibilities. Benefits include: Provided by the California Film Commission. Dedicated to Excellence, Committed to Service H: \Council Meetings \9 -20-05 Council Meeting\recommend Film Comm rev2.doc F: ED /Film Industry - 2005 Honorable Mayor and September 14, 2005 Councilmembers Page 3 of 6 • Receipt of location requests from filmmakers worldwide directly to all FLICS Designees simultaneously via fax from the CFC. • Inclusion within the joint marketing efforts conducted by the CFC to promote filming in California. • Networking opportunities with other FLICS Designees in which permitting issues and general economic development strategies can be discussed. • Access to CFC news updates, CFC- sponsored events, film development education and training, and use of CinemaScout®, a web -based location finder for California properties. • Placement of materials in the CFC's Location Resource Center. In return, FLICS designees agree to: • Provide core services such as location scouting assistance, liaison to and among the community, production companies and government. • Provide service and support to each production company from the initial contact to the close of the production, including problem solving on film - related matters. • Create a Film Commission of qualified individuals that can help set policy and guide film liaison activities. • Balance the needs of the production company with the concerns of local government and the local community. • Provide additional incentives such as: o Free local available crew lists and city maps o Provide a local resources database (for example, lodging, restaurants, hardware stores, etc.) o Photo library o Production guides. In order to achieve official designation, the following must occur: • First, a Resolution requesting official designation from the CFC and authorizing an agency to act as the official FLICS designee must be passed. • Secondly, the current City ordinance adopted in 1991, Section 5 -30, Filming Activities, would be updated to reflect the FLICS designation and staff responsibilities. • Finally, a formal application, along with the Resolution and updated ordinance is filed with the CFC, which then confers FLICS designee status. Dedicated to Excellence, Committed to Service H: \Council Meetings \9 -20-05 Council Meeting\recommend Film Comm rev2.doc F: ED /Film Industry - 2005 Honorable Mayor and September 14, 2005 Councilmembers Page 4 of 6 After the designation, Council would appoint the Film Commission membership discussed more fully below. Its establishment could be included in an updated ordinance. Establishing and Staffing a Film Commission in Alameda The primary role of a Film Commission would be to work with staff to increase the film and video industry activity in Alameda. Additionally, the Commission could undertake the role of assuring that these activities do not unduly interrupt the quality of life for our residents. The Alameda Film Commission could be constituted similar to other City commissions whereby the Council would appoint the seven members to one four -year term with a two term limit. Given the guidelines of the California Film Commission, it is recommended that membership consist of: • One representative each from the Park Street Business Association and the West Alameda Business Association • One representative from the Alameda Chamber of Commerce with a film industry background • Four members with prior or current film /video background The responsibility to support the Alameda Film Commission staff will be assigned to the Development Services Department. The Department staff member currently acting as liaison to the downtown Business Associations will serve as support to the AFC and liaison to the film and video industry. An interdepartmental team, with representatives from Fire, Police, Public Works, and Planning and Building, has been established to assist in timely permitting for film /video activity. The AFC liaison will interface with this team on any issues prior to and during any film making in the city. BUDGET CONSIDERATION /FINANCIAL IMPACT While existing personnel can absorb staffing a Film Commission, there are some initial marketing - related costs associated with establishing a film commission. A professionally prepared photographic inventory of Alameda's best film - related assets will be essential. Preliminary photographs of a number of these sites have been taken. A complete marketing package would also include an Alameda - related directory of production resources and a web site. The web site is of particular importance as a significant number of initial filming inquiries are processed through this medium. The web site will exhibit film -worthy sites in Alameda, explain the permit process, and Dedicated to Excellence, Committed to Service H: \Council Meetings \9 -20 -05 Council Meeting\recommend Film Comm rev2.doc F: ED /Film Industry - 2005 Honorable Mayor and September 14, 2005 Councilmembers Page 5 of 6 provide general information on filming in the City. The estimated cost of developing the initial marketing materials for the AFC is $9,000. Funding for this project will be provided from the Commercial Revitalization Fund. MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE This program is consistent with: • AMC Chapter Five, Licenses and Permits, Section 5 -30 Filming Activities • 2000 Economic Development Strategic Plan (EDSP) sets forth strategies for building a strong and diverse local economy. Strategy One of the EDSP stresses the desirability of attracting clean industry to Alameda and references "motion picture /television programming" as one of several primary business targets. RECOMMENDATION Authorize submission of an application with the California Film Commission to enable City participation in the Film Liaisons in California, Statewide (FLICS) Program and adopt a Resolution determining an Alameda Film Commission as the City's Official FLICS Designee RespeE ully submitted, L- slie A. Little Development Services Director By: Dorene E. Soto Manager, Business Development Division DK/LAUDES /SGR: cc: Economic Development Commission Alameda Chamber of Commerce Park Street Business Association West Alameda Business Association ssell Developme Coordinator Dedicated to Excellence, Committed to Service H: \Council Meetings \9 -20 -05 Council Meeting\recommend Film Comm rev2.doc F: ED /Film Industry - 2005 Honorable Mayor and September 14, 2005 Councilmembers Page 6 of 6 Michael Kelly, Deputy Director, California Film Commission Greg McFann, Building Official Vivian Day, Building Services Manager Dedicated to Excellence, Committed to Service H: \Council Meetings \9 -20 -05 Council Meeting\recommend Film Comm rev2.doc F: ED /Film Industry - 2005 CITY OF ALAMEDA RESOLUTION NO. ESTABLISHING THE ALAMEDA FILM COMMISSION AND GRANTING IT THE FORMAL DESIGNATION TO SERVE AS ITS FILM LIAISON IN CALIFORNIA, STATEWIDE (FLICS) WITH THE CALIFORNIA FILM COMMISSION WHEREAS, there is a growing recognition of the positive economic ›. benefits that accrue to both the business community and the labor force of the ▪ w City of Alameda from film and video production within the City; and cc .® z cn 0 WHEREAS, the Business Development Division of the Development C13 Services Department is that City Department most actively pursuing economic development within the City of Alameda; and, v WHEREAS, the Division can provide staff support to a new entity to be known as the "Alameda Film Commission" which can implement a comprehensive program to both increase film and video production in Alameda while simultaneously retaining the quality of life in Alameda; and, WHEREAS, the Alameda Film Commission shall be comprised of seven members as follows: three ex officio members representing the Park Street Business Association, the West Alameda Business Association, and the Chamber of Commerce and four members with either prior or current employment experience with the film and video industry to serve up to two consecutive four year terms; and, WHEREAS, the Alameda Film Commission will work in a collaborative and mutually beneficial way with both the California Film Commission and the Film Liaisons in California, Statewide and will on an annual basis, provide Council with a report on its prior year's activity. NOW, THEREFORE, BE IT RESOLVED that the Council designates the Alameda Film Commission to act as its representative in the FLICS partnership to the film industry in providing location services and promoting the City of Alameda as a film location, with staffing to be provided by the Development Services Department through the City Manager. BE IT FURTHER RESOLVED, that the City Manager, through the Development Services Department, is authorized to submit an application to the California Film Commission to grant the City of Alameda participation in the Film Liaisons in California, Statewide (FLICS) Program. BE IT FURTHER RESOLVED that this Resolution shall remain in full force and effect until a resolution of the Council is adopted amending or rescinding this resolution. Resolution #5 -D 09 -20 -05 I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the day of 2005, 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 , 2005. Lara Weisiger, City Clerk City of Alameda CITY OF ALAMEDA Memorandum To: Honorable Mayor and Councilmembers From: Debra Kurita City Manager Date: September 20, 2005 Re: Transmittal of Task Force report concerning strategies to prevent mass termination of tenancies from large apartment complexes and to create additional affordable housing opportunities. Background /Discussion In April, 2005, a Task Force was established to discuss issues, develop recommendations, and prepare a report regarding strategies for two main topics: the prevention of future mass termination of tenancies, such as those that occurred at the Harbor Island Apartment Complex; and the creation of additional affordable housing opportunities. The report was prepared by the Task Force which was comprised of a City Council member, an Alameda Unified School District Board member, a former tenant of the Harbor Island Apartment Complex, a representative of a local housing advocacy organization, an at -large tenant who resides in the City of Alameda, a representative of a rental housing association, a realtor who represents Alameda rental property owners, and an at -large rental property owner in the City of Alameda. Recommendation This report is transmitted for information and discussion purposes. Attachment: Task Force report Report 5 -E 9 -20 -05 Dedicated to Excellence, Committed to Service CITY OF ALAMEDA MEMORANDUM To: The Honorable Mayor and Members of the City Council From: William C. Norton Date: September 8, 2005 Re: Recommendations of Task Force Regarding Proposed Strategies to Prevent Mass Evictions from Large Rental Housing Complexes, and to Create More Affordable Housing Background On July 23, 2004, the City was notified that the Fifteen Group, owners of the Harbor Island Apartment (HIA) complex, was sending out notices of termination of tenancy to the 370 households remaining in this 615 -unit complex. The terminations created hardships on the tenants, some of whom were elderly, disabled, and low -to- moderate income families, caused some financial impact to the Alameda Unified School District (AUSD) and put strain on City programs and the community as a whole. The Harbor Island Tenants' Association reports that the hardships continue to negatively impact the lives of the former tenants. Subsequently, the City Council discussed relocation assistance legislation and a moratorium on new construction, condominium conversion and demolition that was proposed by the Harbor Island Tenants' Association for the "West End Atlantic Corridor Area." Following extensive public testimony, on April 5, 2005, the Council directed the Interim City Manager to form a Task Force that would meet on a regular basis and report back to the Council within 90 days. The goals of the Task Force were to make recommendations on strategies to prevent future mass evictions from rental housing complexes in Alameda, and to make recommendations for creation of more affordable housing. The Task Force was appointed to represent and balance the interests of the entire Alameda community and included a City Council member, an AUSD Board member, a City staff member, a former tenant of HIA, a representative of a local housing advocacy organization, an at -large tenant The Honorable Mayor September 8, 2005 and Members of the City Council Page 2 who resides in Alameda, a representative of a rental housing association, a realtor who represents Alameda rental property owners, and an at -large rental property owner in the City of Alameda. The Task Force considered several options to help prevent mass evictions in the future. Discussion /Analysis Based on a suggestion by the HIA Tenants' Association, the Task Force focused its attention on complexes having forty or more rental units. The Task Force considered a variety of strategies, including code compliance, legislation, education and new initiatives to provide affordable housing. Ultimately, discussion settled on Iwo specific areas, as described below in the Task Force recommendations. Heath and Safety Compliance and Code Enforcement The frequency and nature of complaints regarding safety, habitability and other physical conditions can be an indication of deteriorating and /or mismanaged rental properties. Over time, deterioration and mismanagement can lead to the property being removed from the housing stock for rehabilitation or sale. As happened at the Harbor Island Apartments, mass evictions can occur. Increased code compliance and enforcement activities, such as annual inspections, improved reporting procedures and coordinated complaint tracking would help identify troubled properties so that timely regulatory enforcement activities could be implemented. Following are suggested action items: • Increased Code Compliance and Enforcement activities should occur when series of confirmed code violations, as in the case of the Harbor Island Apartment complex, are documented. Proactive inspections of other units at the complex should be undertaken. Fines and all administrative costs associated with re- inspection and monitoring of a problem property should be assessed. City ordinances should be amended, if necessary, to amend the assessment of fines on ownership of problem properties. • Complaint procedures should be reviewed for user - friendliness, including increased publicity, outreach and availability, and forms and services for limited - English speaking residents. Forms should be printed in the The Honorable Mayor September 8, 2005 and Members of the City Council Page 3 appropriate language groups derived from the census data, such as in Spanish, Vietnamese, Mandarin, and Cantonese, as well as English. Mechanisms for keeping tenants and owners informed of complaints and actions taken could be strengthened, including an on -line tracking system similar to the permit tracking system, unless responses are requested to be in writing. • If a complainant requests direct contact in -lieu of on -line tracking, they should receive return phone calls, visits as necessary and follow -up letters explaining the status of their complaint on a regular basis, until resolved. • The City of Alameda AMC Subsection 13 -11 -3 Boarded Building and Vacant Parcel Penalty needs to be changed to include individual units. Fines should be per unit. The City of Alameda needs to consider a Neighborhood Blight Ordinance and implement sections from other cities' ordinances which the Alameda Municipal Code does not already cover. • The City should also consistently utilize sections 17274 and 24436.5 of the California Revenue and Tax Code by reporting to the Franchise Tax Board the addresses of the owners of rental housing when the City has determined violations of state or local laws governing health, safety, and /or building codes. If certain conditions are not met, then the Franchise Tax Board is enabled to disallow deductions such as depreciation, interest, and insurance on the State income tax return. • When the Alameda Housing Authority, under Section 8, has certified a unit and then decertifies this same unit, the Alameda Housing Authority should send a letter documenting this to the Planning and Building Department for investigation by Code Compliance. A copy will be made for the City Manager and Council. • The state provisions for relocation benefits need to be enforced, pursuant to California Health and Safety Section 17975. Affordable Housing • The City could investigate available funding sources for making below- market rate rehabilitation loans for rental The Honorable Mayor September 8, 2005 and Members of the City Council Page 4 property owners in exchange for rent limits and relocation assistance on affected units. • Utilize State Proposition 46 funds and Federal Housing funds, where financially viable, to provide affordable housing opportunities. The City should investigate joining with the Housing Authority or a non - profit developer to determine if acquisition of housing units at existing complexes, such as, but not limited to, the Harbor Island Apartments, would be economically feasible. • Counseling for evicted tenants regarding opportunities for affordable housing should be made available by the City. This should be done through a contract with non - profit entities such as Sentinal Fair Housing or Eden I & R. • The City should provide education to both property owners and tenants on existing discrimination laws. This should be accomplished through property owner associations for owners and through Sentinal Fair Housing, or Eden I & R, or similar non - profits for tenants. There are existing remedies under current State laws, and counseling and education will help both owners and tenants exercise their rights. • Condominium -style housing is the most affordable form of ownership housing currently available on the market. Increased availability of affordable condominium housing could meet the needs of some lower- income families. Currently, state and local laws make it economically infeasible for owners to convert rental housing to condominiums. However, revised condominium conversion rules could lead to increased affordable housing opportunities for all complexes, not only larger complexes, while maintaining or enhancing the quality of Alameda's housing stock. In addition, increasing home ownership is a goal of the City. The 2000 Census determined home ownership to be 48 %, while the goal is 60 %. In Alameda, there is currently an oversupply of rental units and a shortage of more affordably priced home ownership opportunities. An easing of the City condominium conversion ordinance would help solve this problem. For example, there was a forty percent vacancy rate at Harbor Island when the eviction notices were posted. The vacancy rate in Alameda is at an historic high. Residents may make too much to The Honorable Mayor September 8, 2005 and Members of the City Council Page 5 qualify for subsidies but not be able to afford the new houses being built in Alameda. • Current City rules require that rental housing being converted to condominiums meet current building and zoning codes. Revising the City's condominium conversion ordinance to allow conversion, as long as the structure was legally constructed and met codes in effect at the time, would make conversion more economically feasible. The property owner would still have to submit a plan for tenant relocation assistance and could include provisions for helping low and moderate income occupants purchase a converted unit at an affordable price. • To ensure that converted units would continue to provide an affordable housing resource, the ordinance could also treat the conversion as new residential development and require affordable inclusionary units of 15% to 25 %, similar to the existing city -wide and redevelopment inclusionary requirements where financially feasible. First right of refusal would be offered to in -place tenants, who could also be assisted through additional owner incentives and existing homeownership programs. Former tenants of the Harbor Island Apartments, if qualified, should be given first right of refusal if this building is converted to condominiums within the next year. Municipal Code /Policy Document Cross Reference As noted above, these alternatives might necessitate modifications to existing Alameda Municipal Code (AMC) and policy documents in the areas of code enforcement, abatement procedures, and inclusionary housing and condominium conversions. Modifications would be undertaken separately as the various alternatives are identified and presented for Council consideration. Fiscal Impact Expansion and enhancement of the code compliance /enforcement function would entail additional code compliance staff, as well as costs for systems development, software upgrades and legal fees for enforcement activities. A more detailed study would be necessary to determine the The Honorable Mayor September 8, 2005 and Members of the City Council Page 6 exact needs and costs of an upgraded code compliance division. Estimates of costs covered by penalty revenue range from 50% to 100 %. Revising the condominium conversion ordinance could be handled by existing City staff over an extended period of time. Similarly, administration and oversight of condominium conversion applications could be absorbed within the current organizational structure and supported by permit application fees. Recommendation It is recommended that the City Council consider the recommendations of the Task Force and direct the City Manager to pursue strengthening proactive code compliance, investigate the use of state and federal funding for affordable housing opportunities, and modify the condominium conversion ordinance to encourage development of affordable for -sale units. Respectfully submitted, 445^45 William C. Norton WCN:cb cc: Housing Task Force Members City Manager Building Official City Attorney Development Services Director comments_092005 AGENDA ITEM 5 -E TASK FORCE REPORT 05CEPI5 NI2 :�, ASTRIBUTEH. The following comments refer to the numbered paragraphs in the attach�ed--report---fr..om Bill Norton dated September 7, 2005. --` - --- __.____ #1 The representative from AUSD has clarified the actual impact on a few west End Schools caused by the evictions at Harbor Island. #5 we are happy to see that the term "mandatory annual inspections" has been removed form the report. The context of the term "annual inspections ", which still appears, is unclear. Do these apply only to troubled properties, or is the annual inspection of all properties still a goal of the task force? The periodic inspections by the Housing Authority of the Section 8 units at Harbor Island revealed to the city the problems at that complex, however, it was the failure of the city to enforce state laws which led to the continued deterioration. So follow -up at known troubled properties is the solution, not massive annual inspections. Fees for inspections should only be charged to rental property owners who have failed to correct problems. #7 The language in which business is done and contracts are enforced are governed by California Civil code 1632. It states in paragraph (3) of that code that the top five languages spoken in California other than English are Spanish, Chinese, Tagalog, Vietnamese, and Korean. However owners who negotiate in English with a tenant who supplies his or her own interpreter are not bound by the requirements of Civil code Section 1632. (section 1632 (3) (h)) This is important because a prudent landlord will use the same paperwork with all tenants. An activist organization would be quick to claim that the non - English rental contracts were not as favorable as the English contracts even if that were not the case. So if a tenant wants to constructively notify a landlord of a problem, it needs to be done in a language which the landlord understands, the same language in which the rental contract is written. If the city council wants to keep records in several languages, that is their policy to decide, but it cannot be binding on the landlord. Owners cannot be held accountable for problems about which they have not been informed. The city forms should have a line to be checked that asks if the tenant has notified the property owner /manager of the problem. #14 The City should stay out of acquiring property for ownership opportunities. The city has failed at the condominium conversion at 460 Buena vista, at estimating the costs for ownership units within the 62 units to be built at FISC, and the Alameda Housing Corporation has failed at the project in the 600 block at 460 Buena vista. As for entering into agreements with other non - profit organizations, the proforma submitted by the East Bay Asian Land use coalition for development of low cost housing at FISC was too low by over forty million dollars. Let the private sector take the risks. #15 sentinel Fair Housing has been a disappointment. The record has been dismal. They have spent their energy on establishing picket lines, actions against the City of Alameda, and other activities which are not useful to tenants. Alameda needs to give the Block Grant funding to a person /organization which will help educate and genuinely counsel tenants. Legal Aid has been no help at all in the problems at Harbor Island. There has been free legal counseling at the library once a month. The county also has free Page 1 Re: Agenda Item #5 -E 9 -20 -05 comments_092005 counseling available: advice to seniors, and seminars on filing claims in small claims court. #19 inclusionary housing requirements would kill all or almost all condominium conversions. inclusionary Housing Requirements would eliminate all but the most high - priced conversions where there might be enough money to subsidize a few units. It is up to the city Council to determine which income groups(s) they wish to help into ownership opportunities by easing the condominium conversion ordinance. If the council wishes to target the average income worker, then the lower priced conversions are the ones to be encouraged. However, inclusionary requirements would prevent such conversions from ever happening. Low income ownership should be accomplished by completing the conversion of 460 Buena vista. It would be fiscally possible under an eased condominium conversion ordinance. In addition, if the Housing authority were to sell these units, then the proceeds would help fill the fiscal hole which was created by bailing out from the over leasing problem. #xx The report does not include the responsibilities and privileges of tenants. They have standing, unavailable to the city, to pursue the legal actions against landlords. There are two parties which sign rental contracts. One of those parties is the tenant. Sincerely, Barbara Kerr Page 2 CURRENT APPLICATIONS CIVIL SERVICE BOARD ONE (1) VACANCY Lydia L. Chan Karen Green Linda M. McHugh Avonnet M. Peeler Michael E. Soderberg Re: Agenda Item #7 -A 09 -20 -05 CURRENT APPLICATIONS ECONOMIC DEVELOPMENT COMMISSION TWO VACANCIES ONE COMMUNITY -AT -LARGE SEAT ONE REAL ESTATE /LAND DEVELOPMENT SEAT Community -at -large Real Estate /Land Development Arshad A. Ahmed X Robert A. Bonta X Michael R. Fassler X X Claire C. Fitzgerald X X Frederick R. Hollister X X Jay L. Ingram X Janet W. Iverson X X Kirk H. Knight X Carrolyn M. Kubota X Diane C. Lichtenstein X Christopher D. Lundeen X James A. Nations X James A. Price X Stephanie L. Prothero X Valerie Ruma X William C. Russell X Brad C. Shook X X Karen M. Stefonek X Jay G. Townley X X Morris H. Trevithick X X Randy K. Watkins X Re: Agenda Item #7 -A 09 -20 -05 CURRENT APPLICATIONS HISTORICAL ADVISORY BOARD ONE (1) VACANCY LANDSCAPE ARCHITECT /ARCHITECT/DESIGN BUILD SEAT Hanson D. Hom Janet W. Iverson Greg J. Klein Re: Agenda Item #7 -A 09 -20 -05 CURRENT APPLICATIONS HOUSING AND BUILDING CODE HEARING AND APPEALS BOARD ONE (1) VACANCY Jacob M. Chapman James A. Price David A. Solis Re: Agenda Item #7 -A 09 -20 -05 Kathryn F. Boyle Michael Cosentino John F. Curliano James R. Currier Lauren R. Eisele Linda Gilchrist Harry L. Hartman Lee A. Kaplan Geoffrey M. Lee Jessica Lindsey Tim Man Scott A. McKay Lissa V. Merit Jessica S. Niland Donald E. Oransky Cookie Robles -Wong Rueben Tilos Gail A. Wetzork CURRENT APPLICATIONS RECREATION AND PARKS COMMISSION ONE VACANCY Re: Agenda Item #7 -A 09 -20 -05