Loading...
Resolution 14359CITY OF ALAMEDA RESOLUTION NO. 14359 APPROVING A FOURTH AMENDMENT TO THE AGREEMENT FROM THE CALIFORNIA STATE COASTAL CONSERVANCY TO IMPLEMENT SPARTINA ERADICATION AND MITIGATION MEASURES AND AUTHORIZE THE INTERIM CITY MANAGER TO EXECUTE ALL REQUIRED DOCUMENTS WHEREAS, the California State Coastal Conservancy (Conservancy) and the City of Alameda (City) executed a Partnership Agreement (Agreement) on August 22, 2005, to undertake invasive Spartina treatment and eradication activities and public outreach related to these activities along the shorelines of Alameda in the amount of $38,093; and WHEREAS, the City and the Conservancy executed an amendment to this Agreement on June 22, 2006, for an additional disbursement to the City not to exceed $39,080 for invasive Spartina treatment and eradication activities in 2006; and WHEREAS, the City and the Conservancy executed a second amendment to this Agreement on May 15, 2007, for an additional disbursement to the City not to exceed $68,500 for invasive Spartina treatment and eradication activities in 2007; and WHEREAS, the City and the Conservancy executed a third amendment to this Agreement on June 13, 2008, for an additional disbursement to the City not to exceed $57,000 for invasive Spartina treatment and eradication activities in 2008; and WHEREAS, the encumbered balance available to the City under this Agreement is $69,927 for invasive Spartina treatment and eradication activities; and WHEREAS, the Conservancy has requested the City include an updated termination clause that informs the contractor that the Conservancy may terminate or suspend the Agreement before the project is complete and that the Conservancy shall be responsible for any reasonable and non - cancelable obligations incurred by the City up to the date of the notice to terminate or suspend; and WHEREAS, the Conservancy has authorized the City to continue implementation of invasive Spartina treatment and eradication projects through the summer of 2010, under the Invasive Spartina Project (ISP) Spartina Control Program, fifth phase, 2009; sixth phase, 2010; and WHEREAS, the ISP and implementation of the Spartina Control Program remain consistent with Public Resources Code Sections 31160-31164; and WHEREAS, on June 28, 2005, July 26, 2005, August 17, 2005, July 19, 2006, June 21, 2007, June 28, 2007, July 12, 2007, August 16, 2007, and July 9, 2008, public meetings were held to inform the public about the proposed Spartina control efforts. Attendees were supportive of the proposed project but did express concerns about herbicide usage and the residual habitat effects. Overall, attendees were in favor of the proposed action plans. Staff will continue to provide the public with up -to -date information regarding proposed actions to control invasive Spartina along the Alameda shoreline; and WHEREAS, the City shall carry out the project in accordance with the Agreement, site- specific plans and treatment, and outreach work programs to be approved by the Executive Officer of the Conservancy pursuant to the Agreement; and WHEREAS, the City shall provide any funds, subject to appropriation by the City Council of Alameda, beyond those granted under the Agreement which are needed to complete the project; and WHEREAS, the Conditions Precedent to Commencement of Project and Disbursement and Additional Grant Conditions shall be met before the City shall commence the project and the Conservancy shall be obligated to disburse any funds under the Agreement; NOW THEREFORE, BE IT RESOLVED, that the City approves a fourth amendment to the Agreement from the Conservancy to implement Spartina Eradication and Mitigation Measures and authorizes the Interim City Manager to execute all required documents. 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda during the Regular Meeting of the City Council on the 7th day of July, 2009, by the following vote to wit: AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam and Mayor Johnson - 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the official seal of said City this 8th day of July, 2009. Lara Weisiger, City City of Alameda