Resolution 14441CITY OF ALAMEDA RESOLUTION NO. 14 4 41
APPROVING A FIFTH AMENDMENT TO THE AGREEMENT
WITH THE CALIFORNIA STATE COASTAL CONSERVANCY TO
IMPLEMENT SPARTINA ERADICATION AND MITIGATION
MEASURES AND AUTHORIZE THE INTERIM CITY MANAGER
TO EXECUTE ALL NECESSARY AND 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 $58,500 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 City and the Conservancy executed a fourth amendment
to this Agreement on July 9, 2009, for invasive Spartina treatment and
eradication activities in 2009; and
WHEREAS, the Conservancy has authorized the additional
disbursement of an amount not to exceed $50,000 to the City to continue
implementation of invasive Spartina treatment and eradication activities in 2010
under the Invasive Spartina Project (ISP) Spartina Control Program; and
WHEREAS, the Conservancy has requested the City to continue
implementation of invasive Spartina treatment and eradication projects
consistent with the terms and requirements of the federal grant funds provided
by the National Oceanic and Atmospheric Administration (NOAH), American
Recovery and Reinvestment Act (ARRA), and Coastal and Marine Restoration
Grants Program; 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 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 fifth
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 18th day of May, 2010, by the followin g vote to wit:
AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam
and Mayor Johnson - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of
said City this 19th day of May, 2010.
Lara Weisiger, Cif Jerk
City of Alameda