2005-01-05 ARRA PacketDRAFT
SPECIAL JOINT MEETING OF THE CITY COUNCIL,
COMMUNITY IMPROVEMENT COMMISSION,
ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY, AND
ALAMEDA POINT COLLABORATIVE
WEDNESDAY - - - JANUARY 5, 2005 - - - 5:31 P.M.
Time: Wednesday, January 5, 2005, 5:31 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/Commission/Authority 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 REAL PROPERTY NEGOTIATORS
Property: Alameda Naval Air Station, Fleet
Industrial Supply Center.
Negotiating Parties: City of Alameda, Community
Improvement Commission, Alameda
Reuse and Redevelopment Authority,
Alameda Point Collaborative.
Under Negotiations: Price and terms.
4. Announcement of Action Taken in Closed Session, if any.
Adjournment
Beverly Johnson, Mayor
Chair, Community Improvement
Commission, Alameda Reuse and
Redevelopment Authority, and
Alameda Point Collaborative
Date: 12/10
AGENDA
Regular 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
Wednesday, January 5, 2005
Meeting will begin at 5:30 p.m.
City Hall will open at 5:15 p.m.
2 -A. Recommendation to approve an amendment to Consultant Agreement with LFR Inc. for
environmental consulting services at Alameda Point in the amount of $175,130 for a total
agreement amount of $249,000.
2 -B. Recommendation to authorize the Executive Director to approve sublease(s) at Alameda
Point.
3. PRESENTATION/Update on Alameda Point Navy Negotiations and Land Use Planning.
None.
4. REGULAR AGENDA ITEMS
None.
5. ORAL REPORTS
5 -A. Oral report from APAC.
5 -B. Oral report from Member Matarrese, RAB representative.
6. 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.)
7. COMMUNICATIONS FROM THE GOVERNING BODY
ARRA Agenda - January 5, 2005
Page 2
8. ADJOURNMENT TO CLOSED SESSION OF THE ARRA TO CONSIDER
CONFERENCE WITH REAL PROPERTY NEGOTIATOR:
8 -A. Property:
Negotiating parties:
Under negotiation:
Alameda Naval Air Station
ARRA and Navy
Price and Terms
Announcement of Action Taken in Closed Session, if any.
9. 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 Frankel
at 749 -5800 at least 72 hours before the meeting to request an interpreter.
• Accessible seating for persons with disabilities (including those using wheelchairs) is available.
• Minutes of the meeting are available in enlarged print.
■ Audio tapes of the meeting are available for review at the ARRA offices upon request.
AMENDMENT TO AGREEMENT
This Amendment of the Agreement, entered into this 6 day of January 2005, by and
between ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY, a Joint Powers
Authority (hereinafter referred to as "ARRA "), and LFR, Inc., a California corporation, whose
address 1900 Powell Street, 12th Floor, Emeryville, CA 94608 (hereinafter referred to as
"Consultant "), is made with reference to the following:
RECITALS:
A. On September 1, 2004 an agreement was entered into by and between ARRA and
Consultant (hereinafter "Agreement ").
B. ARRA and Consultant desire to modify the Agreement on the terms and
conditions set forth herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as
follows:
1. Paragraph 2 ( "Services to be Performed ") of the Agreement is modified to read as
follows:
"Consultant shall perform each and every service set forth in Exhibits "A" and "A -1"
which are attached hereto and incorporated herein by this reference."
2. Paragraph 3 ( "Compensation to Consultant ") of the Agreement is modified to read as
follows:
"Consultant shall be compensated for services performed pursuant to this Agreement in
the amount no to exceed $73,870.00 as set forth in Exhibit `B" and in the amount not to exceed
$ 175,1 30.00 as set forth in Exhibit `B -1" which are attached hereto and incorporated herein by
this reference. Payment shall be made within 30 days of ARRA 's receipt of Consultant's invoice
by checks drawn on the treasury of the ARRA."
3. Except as expressly modified herein, all other terms and covenants set forth in the
Agreement shall remain the same and shall be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this modification of
Agreement to be executed on the day and year first above written.
LFR, Inc.
Ifer
By:
LFR, Inc.
December 2009
ALAMEDA REUSE &
REDEVELOPMENT AUTHORITY
William C. Norton
Interim Executive Director
Page 1 of 2
Exhibit "A -1"
CHANGE ORDER No. 1
LFR SERVICES TO BE PRERFORMED
FOR THE PERIOD OCTOBER 1, 2004 — JUNE 30, 2005
ALAMEDA POINT
LFR Project No. 001 - 09287 -00
Phase I: Develop Strategic and Tactical Conveyance Plan
ElLFR
Task 1: Constraints Analysis and Master Plan Update
The LFR Team will continue assisting ARRA and its consultants in evaluating and reviewing
property conditions and constraints as they pertain to proposed land uses, property value, and
conveyance strategies. Specifically, LFR will implement the following scope of work:
• Perform peer reviews of the working versions of the proposed land use plan and provide
comments regarding the potential physical, stakeholder, and technical, environmental
constraints relative to the proposed land uses;
• Participate in weekly Conveyance Team and Land Use Team meetings (one each per
week) to assist in resolving constraints and finalizing a proposed land use scenario;
• Participate in meetings as requested with the ARRA representatives and the US Navy,
Southwest Division in San Diego, to discuss various elements of the proposed land use
plan;
• Develop alternative mitigation strategies to address environmental constraints posed on
the proposed land uses.
Task 2: Prepare Draft Working Conveyance Strategies
The LFR Team will work with the Conveyance Team to develop Iikely draft working
conveyance strategies. The outcome of this Task will be a grouping of various conveyance
schemes with a relative scoring of each scheme that characterizes the ability of the scheme to
meet the goals, objectives, and constraints of the project. Specifically, LFR will implement
the following scope of work:
• Perform a decision analysis exercise aimed at compiling all of the conditions, constraints,
and solutions into a comprehensive format organized to facilitate development and
screening of various conveyance strategies;
• Develop a phased approach to property conveyance taking into consideration
development objectives and overall financial objectives of the project;
• Assist in the preparation of a financial model to support funding of the environmental
remediation work to be completed to support development.
• Preparation and delivery of a presentation to the Navy to present the key elements of
ARRA's preferred conveyance scheme;
• Assist ARRA in negotiating various conveyance terms with the regulatory agencies and
the Navy;
• Assist ARRA in preparing and reviewing the conveyance contract and related documents.
Change Order No.1 EXHIBIT A:RCB Page 1 of 1 11/30/04
Exhibit "B -1"
CHANGE ORDER No. 1
LFR SERVICES TO BE PRERFORMED
FOR THE PERIOD OCTOBER 1, 2004 — JUNE 30, 2005
ALAMEDA POINT
Compensation for services performed between October 1, 2004 — June 30, 2005 will be in
accordance with the following:
Task 1: Constraints Analysis and Master Plan Update
Labor:
Expenses, Handling & Mark -up
$ 0
$ 0
Total Task 1: $ 0
Task 2: Prepare Draft Working Conveyance Strategies and Navy Negotiations
Labor: $132,383
Expenses, Handling & Mark -up $ 47,320
Total Task 2: $175,130
Total Cost for Change Order No. 1 $175,130
Total Cost for Base Contract $ 73.870
Total Project Authorization $249,000
City of Alameda
Inter - office Memorandum
December 22, 2004
TO: Honorable Chair and Members
of the Alameda Reuse and Redevelopment Authority
FROM: James M. Flint
Executive Director
2 -A
RE: Recommendation to Approve an Amendment to Consultant Agreement with LFR
Inc. for Environmental Consulting Services at Alameda Point in the Amount of
$175,130 for a Total Agreement Amount of $249,000
BACKGROUND
On February 6, 2004 the Alameda Redevelopment and Reuse Authority (ARRA) issued a
Request for Qualifications (RFQ) for an environmental services consultant team to the advise
and assist the ARRA on strategic and tactical issues related to the environmental remediation and
conveyance of the former Alameda Naval Air Station (Alameda Point). The ARRA received
four (4) Statements of Qualifications in response to the RFQ. Members of the Alameda Point
Conveyance Team and an APCP representative reviewed the four proposals and selected three
(3) firms for interviews.
On April 8, 2004, the top three firms were interviewed. Based upon the interviews, there was
unanimous agreement that the LFR Inc. team was significantly more qualified and better
prepared to provide the necessary services than the other two fimis interviewed. The Alameda
Point Project Team identified LFR Inc. as the preferred land use consultant for the following
reasons:
1) Based on the previous work of the LFR Inc. team at Alameda Point, the team has a
superior understanding of the environmental condition of the property and the issues
affecting redevelopment.
2) The LFR Inc. team showed a greater understanding of the integration of the
environmental remediation program and the land use planning effort, as well as the
sensitivities of the Navy conveyance process, and the need to carefully coordinate the
efforts.
3) LFR Inc. demonstrated superior knowledge of the internal structure of the Navy's
organization responsible for remedial decisions and implementation of those decisions.
4) The team demonstrated creative ideas for conveyance strategies that may be applicable to
Alameda Point.
Dedicated to Excellence, Committed to Service
Honorable Chair and Members of the December 22, 2004
Alameda Reuse and Redevelopment Authority Page 2
DISCUSSION
Upon conclusion of the selection process, staff recommended that the Executive Director execute
an interim contract with LFR Inc. to employ their expertise in support of ongoing Navy
negotiations. The interim contract allowed LFR to provide immediate support to the
Conveyance Team's ongoing discussions with the Navy and provided time for LFR and the
project team to completely assess the technical support that will be needed to support the
development of the land use plan and the conveyance strategy with the Navy
The LFR team will continue assisting ARRA and its consultants in evaluating and reviewing
property conditions and constraints as they pertain to proposed land uses, property value, and
conveyance strategies for the Preliminary Development Concept (PDC). LFR Inc. has
perfoillued peer review of the working versions of the proposed land use plan to identify potential
physical, stakeholder /regulator, and technical environmental constraints relative to the proposed
land uses. In order to assist in resolving constraints and finalizing a proposed land use scenario,
LFR Inc. will continue to participate in the weekly Conveyance Team and Land Use Team
meetings. LFR will also continue to participate in meetings between ARRA representatives and
the US Navy as requested.
The second phase of LFR's work is to assist the Conveyance Team in developing potential
conveyance strategies. The outcome of this task will be various conveyance scenarios with a
relative scoring of each scenario that characterizes the ability of the scenario to meet the goals,
objectives, and constraints of the project. Specifically, LFR will implement the following scope
of work:
• Perfomi a decision analysis exercise to compile all of the conditions, constraints, and
solutions into a comprehensive format organized to facilitate development and screening
of various conveyance strategies;
• Develop a phased approach to property conveyance taking into consideration
development objectives and overall financial objectives of the project;
• Assist in the preparation of a financial model to support possible funding of the
environmental remediation work to be completed;
• Prepare and deliver a presentation to the Navy on the key elements of the ARRA's
preferred conveyance strategy;
• Assist ARRA in negotiating various conveyance terms with the regulatory agencies and
the Navy; and
• Assist ARRA in preparing the conveyance contract and related documents.
The added services of LFR, Inc. will provide the necessary technical expertise to the City's team
and enable the ARRA Board to meet its objectives as outlined in the CAA to complete a
Preliminary Development Concept and transportation program for Alameda Point and to develop
a conveyance strategy by June 2005.
Dedicated to Excellence, Committed to Service
Honorable Chair and Members of the December 22, 2004
Alameda Reuse and Redevelopment Authority Page 3
FISCAL IMPACT
The proposed amendment adds $175,130 to LFR's agreement for a total contract amount of
$249,000. This amount is less than the preliminary budget presented to the ARRA Board for
supplementary environmental services for Alameda Point. The funds are currently available and
set aside for these activities through bond funds secured by Alameda Point lease revenues to
fund the ARRA led pre- development period planning activities contemplated under the CAA.
RECOMMENDATION
The Executive Director recommends that the ARRA Board approve an amendment to consultant
agreement with LFR Inc. for environmental consulting services at Alameda Point in the amount
of $175,130 for a total agreement amount of $249,000.
LL /SP
ully submitted,
Leslie Little
Development Services Director
By: Stephen Proud '' 4y hz
Alameda Point Project Manager
Contract amendment is on file in the City Clerk's office.
Dedicated to Excellence, Committed to Service
Alameda Reuse and Redevelopment Authority
Interoffice Memorandum
December 28, 2004
TO: Honorable Chair and Members of the
Alameda Reuse and Redevelopment Authority
FROM: Jim Flint, Executive Director
RE: Recommendation to authorize the Executive Director to approve sublease(s) at
Alameda Point
BACKGROUND
At the December 16, 2004 Special ARRA Board Meeting, the ARRA elected to review and approve
all subleases at Alameda Point.
DISCUSSION
Attachment "A" describes the business terms for the proposed sublease(s).
FISCAL IMPACT
The rent for:
Building 43 & Assoc. $42,840 annually or $0.34 per square foot.
Woodrasters $20,748 annually or $0.35 per square foot
Antiques By The Bay $18,408 annually or $0.27 per square foot
Hung Construction Co. $27,912 annually or $0.40 per square foot
RECOMMENDATION
The Executive Director recommends that the Alameda Reuse and Redevelopment Authority approve
the proposed sublease(s).
Leslie A. Little
Development Services Director
Stephen Proud toy
Alameda Point Project Manager
By: Nanette Banks
Finance & Administration Manager
Dedicated to Excellence, Committed to Service
ATTACHEMENT "A"
PROPOSED SUBLEASE BUSINESS TERMS
TENANT
BUILDING
SIZE (SF)
TERM
RENT
Building 43 &
Associates
43
10,500
4 yrs
$3,570/mo
Woodmasters
44
4,941
4 yrs
$1,729/mo
Antiques by the Bay
459
5,684
1 yr + 1 yr*
$1,534/mo
Hung Construction Co.
459A
5,816
1 yr + 1 yr*
$2,326/mo
Bold denotes revenue not included in FY 04/05 projections (new revenue).
*The option period must be agreed to by both parties.
Dedicated to Excellence, Committed to Service
AGENDA
Special Meeting of the Governing Body of the
ameda Reuse and Redevelopment Authority
* ** * * ***
Alameda City Hall
Council Chamber, Room 390
2263 Santa Clara Avenue
Alameda, CA 94501
Thursday, January 20, 2005
Meeting will begin at 7:30 p.m.
City Hall will open at 7:15 p.m.
1. ROLL CALL
2. Public Comment on Non - Agenda Items Only.
Anyone wishing to address the Board on agenda items only, may speak for a maximum of 3
minutes per item.
3. CONSENT CALENDAR
3 -A. Amending Resolution No. 010 establishing rules and procedures for Alameda Reuse and
Redevelopment Authority meetings by amending the starting time of regular meetings from 5:30
p.m. to 7:00 p.m. (requested by Boardmember Matarrese)
4. ADJOURNMENT TO CLOSED SESSION OF THE ARRA TO CONSIDER
CONFERENCE WITH REAL PROPERTY NEGOTIATOR:
4 -A. Property:
Negotiating parties:
Under negotiation:
Alameda Naval Air Station
ARRA and Navy
Price and Terms
Announcement of Action Taken in Closed Session, if any.
5. ADJOURNMENT
This meeting will be cablecast live on channel 15. The next regular ARRA meeting is
scheduled for Wednesday, February 2, 2005.
Notes:
• Sign language interpreters will be available on request. Please contact the ARRA Secretary, Irma Frankel
at 749 -5800 at least 72 hours before the meeting to request an interpreter.
• Accessible seating for persons with disabilities (including those using wheelchairs) is available.
• Minutes of the meeting are available in enlarged print.
• Audio tapes of the meeting are available for review at the ARRA offices upon request.
Alameda Reuse and Redevelopment Authority
Interoffice Memorandum
January 13, 2005
To: Honorable Chair and Members of the
Alameda Reuse and Redevelopment Authority
From: William C. Norton
Interim Executive Director
3 -A
Re: Recommendation Amending Resolution No. 010 Establishing Rules and Procedures
for Alameda Reuse and Redevelopment Authority Meetings by Amending the
Starting Time of Regular Meetings from 5:30 PM to 7:00 PM (requested by
Boardnzernber Frank Matarrese)
Background
In May 1994, the ARRA Governing Body established its meeting date and time as the second
Wednesday of the month at 5:00 p.m. with Resolution 001 -A. In August 1995, Resolution 001 -A
was amended by Resolution 010 setting the ARRA meetings for the first Wednesday of each month
at 5:30 PM.
Discussion
The ARRA Governing Board expressed an interest in changing the start time of the regular monthly
ARRA meetings from 5:30 PM to 7:00 PM, in an effort to promote greater public participation.
There is some concern that the working community is unable to provide sufficient input or obtain
information with respect to Alameda Point redevelopment progress and entitlement/conveyance
concerns due to the 5:30 PM start time. In an effort to continue to engage the community in the
planning and integration of Alameda Point into the rest of the City, the Governing Board would like
to consider the later regular meeting start time to help achieve that goal.
Any ARRA closed session which requires a start time before the proposed new meeting start time of
7:00 PM, will be considered a special meeting and a separate special meeting agenda will be
prepared (this is consistent with Council meeting procedures and complies with the Brown Act).
Therefore, it is anticipated that special closed sessions could convene earlier than 7:00 PM, but that
regular meetings would have a starting time of 7:00 PM.
The attached resolution changes the regular meeting start time by amending Section 1, "Meetings" of
the ARRA Rules and Procedures (Exhibit A to the attached proposed resolution).
Fiscal Impact
There is no fiscal impact to changing the ARRA regular meeting start time.
"Dedicated to Excellence, Committed to Service"
Honorable Chair and Members of the
Alameda Reuse and Redevelopment Authority
Recommendation
January 13, 2005
Page 2
The Interim Executive Director recommends that the ARRA Governing Body amend Resolution No.
010 Establishing Rules and Procedures for Alameda Reuse and Redevelopment Authority Meetings
by amending the starting time of regular meetings from 5:30 PM to 7:00 PM.
WN/LL/SP/DP/LA:
s ie A. Little
Development Services Director
Stephen Proud
AP Project Ma aer
By: Lebb' otter
Base Reuse and Redevelopment Manager
Attachment: Alameda Reuse and Redevelopment Authority Resolution No. 36
"Dedicated to Excellence, Committed to Service"
G: \Comdev \Base Reuse& Redevp\ARRA\STAFFREP\2005\Reso Amending Mtg Start Time_Jan20 2005.doc
ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY
RESOLUTION NO. 36
AMENDING RESOLUTION NO. 010 ESTABLISHING RULES AND PROCEDURES
FOR ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY MEETINGS BY
AMENDING THE STARTING TIME OF REGULAR MEETINGS
WHEREAS, on May 19, 1995, the Alameda Reuse and Redevelopment authority
adopted Resolution No. 001 establishing the Rules and Procedures for the Alameda Reuse and
Redevelopment Authority meetings, and
WHEREAS, said Resolution No. 001 was amended by Resolution No. 001 -A and
WHEREAS, on August 2, 1995, Resolution 010 further amended the Alameda Reuse
and Redevelopment Authority Rules and Procedures regarding the order of business for Alameda
Reuse and Redevelopment meetings; and
WHEREAS, it is necessary to amend Section 1, "Meetings" of the Alameda Reuse
and Redevelopment Authority Rules and Procedures to change the starting time of regular meetings
from 5:30 p.m. to 7:00 p.m. in order to promote greater public participation;
NOW, THEREFORE, BE IT RESOLVED by the Alameda Reuse and
Redevelopment Authority that said authority hereby amends Resolution No. 010 by amending
Section 1, Meetings, as attached hereto as Exhibit A.
I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly
adopted and passed by the Alameda Reuse and Redevelopment Authority in its regular
meeting, assembled on the day of , 2005, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Irma Frankel
Secretary
Alameda Reuse and Redevelopment Authority
Date
EXHIBIT A
ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY
RULES AND PROCEDURES
Section 1. Meetings.
The regular meetings of the Alameda Reuse and Redevelopment
Authority, shall be held in the City Council Chamber of the Alameda
City Hall on the first Wednesday of each month at 7:00 p.m., except
when a meeting day falls upon a holiday, in which case the meeting
shall be held on the next succeeding business day at the same hour.
All meetings shall be open and public, except as otherwise provided
by law. If it reasonably appears to the Secretary of the Alameda
Reuse and Redevelopment Authority that (a) the Council Chamber is not
large enough to accommodate the number of persons likely to attend
any meeting, or (b) special facilities other than the Chamber are
required for a particular meeting, or, (c) a meeting will constitute
a joint session with another agency to be held at the latter's usual
meeting place, or, (d) advantages exist in having an on-site meeting,
the Secretary may, with consent of the Chairperson, give appropriate
written or oral notice at the commencement thereof that such meeting
will be called to order in the Council Chamber and thereupon
continued to the time and place required by reason of the special
circumstances hereinabove mentioned.
Section 2. Agendas.
a. At least seventy-two (72) hours before a regular
meeting, the Secretary shall post an agenda containing a brief
general description of each item of business thereon and specifying
the time and location of the meeting.
b. No action shall be taken on items not appearing on the
posted agenda unless permitted by general law.
Section 3. Special Meeting.
A special meeting may be called by the Chairperson or
majority of the members of the Governing Body by serving all members
as required by general law within at least twenty-four (24) hours
prior to the meeting., except for emergency meetings, with written
notice of the time and place thereof and the business to be
transacted. No other business may be considered at such meeting. The
Secretary shall poll the members of the Governing Body and attempt
to arrange a date and time convenient to all members.
Section 4. Adjournment of Meetings.
The Governing Body may adjourn any regular, adjourned
regular, special or adjourned special meeting to a time and place
specified in the order of adjournment. Less than a quorum may so
adjourn from time to time. If all members of the Governing Body are
absent from a meeting the Secretary may declare the meeting adjourned
to a stated time and shall cause written notice of the adjournment
to be given in the same manner as provided in Section 3 for special
meetings, unless such notice is waived. A copy of the order or
notice of adjournment shall be conspicuously posted on or near the
door of the place where the meeting was held within twenty-four (24)
hours after the time of adjournment. When an order of adjournment of
any meeting fails to state the hour at which the adjournment meeting
is to be held, it shall be held at the hour first provided in Section
1 for regular meetings. If the adjourned meeting is adjourned for
more than five (5) calendar days, those items so adjourned shall be
reposted.
Section S. Submission of Matters
Before 5:00 p.m. on the Monday of the week prior to each
meeting of the Governing Body any official, board, commission or
other municipal body having any reports, communications or other
matters for submission to the Governing Body, shall hand the same to
the Secretary whereupon the Secretary shall arrange a list of such
matters according to the order of business specified in
Section 6.
Section 6. Order of Business.
Promptly at the hour appointed for each regular meeting,
the members of the Governing Body shall assemble in City Hall in the
designated Council Chamber location. Thereupon, business shall be
taken up for consideration and disposition in the following order:
1. Roll Call
2. Consent Calendar
3. Action Items
4. Oral Reports
5. Oral Communications, Non-Agenda (Public Comment)
6. Communications from Governing Body
7. Adjournment
The order of business may be suspended at any Governing
Body meeting by a majority vote of the members in attendance.
It is the general policy of the Alameda Reuse and
Redevelopment Authority to prepare action minutes of the
deliberations of the Governing Body. Minutes must be finalized and
adopted by the majority of Governing Body members in order to be
2
regarded as an official record of the Alameda Reuse and Redevelopment
Authority.
A true copy of the minutes of proceedings of regular and special
meetings not theretofore approved, as the same shall be entered in
the journal of proceedings, shall be provided by the Secretary to
each member of the Governing Body at least twenty-four (24) hours
before regular meetings. Unless otherwise ordered by the Governing
Body, the minutes of meetings may be approved without a reading of
same. Any member of the public may request that corrections or
deletions be made to the minutes. These requests may be acted upon
by the Alameda Reuse and Redevelopment Authority with appropriate
review and deliberation.
Section 7. Rules of Order.
The following definitions and rules shall govern the proceedings
and order of business of the Governing Body:
a. Items listed under the "consent calendar" are considered
routine and will be enacted, approved, or adopted by one (1) motion,
unless a request for removal for discussion or explanation is
received from the Governing Body.
b. Hearings shall consist of matters wherein notice and public
hearings are required by law and such matters as the Governing Body
may deem necessary or desirable to schedule for public hearing. No
member of the Governing Body shall discuss or listen to discussion
of the facts of any matter which by law requires evidence to be taken
at a public hearing by the Alameda Reuse and Redevelopment Authority
while such matter is pending before the Alameda Reuse and
Redevelopment Authority or any agency thereof, except in open meeting
of the Governing Body, nor shall the facts of any such matter which
may probably be the subject of public hearing by the Governing Body
be discussed outside of any Alameda Reuse and Redevelopment Authority
meeting by any member thereof.
c. Under the item of business entitled "oral communications,
nonagenda items", any person may address the Alameda Reuse and
Redevelopment Authority in regard to any matter over which the
Governing Body has jurisdiction or of which it may take cognizance,
that it is not on the agenda.
d. Appeals shall be presented to the Governing Body as
required by law. Persons other than parties to the appeal may speak
only by permission of the Governing Body. No member of the Governing
Body shall discuss the evidence applicable to an appeal with Non-
Governing Body members while such matter is pending except in open
meeting of the Governing Body.
e. Prior to public discussion or Governing Body deliberation,
the presiding officer or other person designated thereby shall
describe the item of business before the Governing Body.
3
f. Public Discussion.
1. Permission. Any person addressing the Governing Body
shall first secure the permission of the presiding
officer.
2. Not a Debate. Public discussion should not be used to
elicit a debate between the Governing Body and the
public. Speakers should not be interrupted unless
they are out of order.
3. Time Limits. Except for public hearings and other
specified situations, no one, including members of
the Governing Body shall speak for more than (3)
minutes. The Chairperson, as Presiding Officer, may
grant additional time upon determination that the
information is of interest. Spokepersons may speak
for up to fifteen (15) minutes at the discretion of
the Chairperson, as Presiding Officer. At public
hearings, the Governing Body may establish similar or
longer time limits prior to commencement of the
hearing as well as establish an overall time period
for the hearing.
4. Pending Motion. When a motion is pending before the
Governing Body, no person other than a member shall
address the Governing Body without first securing the
permission of the Chairperson to do so.
5. Public discussion shall precede Governing Body
deliberation unless a motion to deliberate first is
adopted; (public discussion may follow Governing Body
deliberation).
6. No discussion shall be permitted without approval of
the Governing Body after a motion which would
terminate further deliberation has been adopted. Such
permission shall be given where both a public hearing
is required by law and the speaker states that he/she
has evidence to give which has not yet been put into
the record.
g. Governing Body Deliberation.
1. Presiding Officer May Deliberate. The presiding
officer may deliberate from the chair, subject only
to such limitations of deliberation as are by these
rules imposed on all members, and shall not be
deprived of any of the rights and privileges as a
member of the Governing Body by reason of his/her
acting as the presiding officer.
2. Conflict of Interest. In situations where there is
a conflict of interest, members of the Governing Body
are required to abstain from voting on the item and
participating in the decision-making process. The
following procedures should be followed:
(i) Declare the conflict of interest.
(ii) State the basis of the conflict of
interest.
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(iii) Do not discuss or vote on the matter.
(iv) Step down from the podium until the item is
completed.
3. Getting the Floor; Improper References to be Avoided.
Every member desiring to speak shall address the
Chairperson, and upon recognition by the presiding
officer, shall confine himself/ herself to the
question under deliberation.
4. Interruptions. A member, once recognized, shall not
be interrupted when speaking unless it be to call the
member to order, or as herein otherwise provided. If
a member, while speaking, be called to order, the
member shall cease speaking until the question of
order be determined, and if in order, said member
shall be permitted to proceed.
5. Remarks of Governing Body member; When Entered in
Minutes. Any Governing Body member may request,
through the presiding officer, the privilege of
having a written abstract of the member's statement
on any subject under consideration by the Governing
Body entered in the minutes. If the Governing Body
consents thereto, such statement shall be entered in
the minutes.
6. Motion to Reconsider. A motion to reconsider any
action taken by the Governing Body may be made only
on the date such action was taken. It may be made
either immediately during the same session, or at a
recessed or adjourned session thereof. Such motion
must be made by one (1) of the prevailing side, and
may be made at any time and have precedence over all
other motions or while a member has the floor; it
shall be debatable. Nothing herein shall be construed
to prevent any member of the Governing Body from
making or remaking the same or other motion at a
subsequent meeting of the Governing Body or a motion
to rescind.
7. Repeal or Amendment of Action Requiring More than a
Majority Vote. Any resolution which is passed and
which, as part of its terms, requires more than a
majority vote of the Governing Body in order to pass
a motion pursuant to such an resolution, shall
require a vote of the same percent of the Governing
Body to repeal or amend the resolution.
8. Motion to Table. A motion to lay on the table shall
preclude all amendments on deliberation of the
subject under consideration. If the motion shall
prevail, the consideration of the subject may be
resumed only upon a motion of a member voting with
the majority.
9. Motion to Call for Question or Continue to a Date
Specific. A motion to call for the question or
continue the matter to a specific date shall preclude
all amendments to or deliberation of the subject
under consideration and is not debatable.
10. Statement of Position. When a motion to call for
question or table is adopted, each member of the
Governing Body may briefly state his/her position on
the matter before roll call or call for the next item
of business.
11. Privilege of Closing Deliberation. The Governing Body
member moving the adoption of an resolution shall
have the privilege of closing the deliberations or
making the final statement.
12. Division of Question. If the question contains two
(2) or more divisionable propositions, the presiding
officer may, and upon request of a member shall,
divide the same.
13. Second Required. All motions except for nominations
and a point of order shall require a second.
14. Forms of Action. The Alameda Reuse and Redevelopment
Authority may act by motion or resolution. All
motions shall be recorded in the minutes verbatim.
All resolutions shall be in writing and the title
shall be recorded verbatim in the minutes as well as
the vote thereon.
15. Miscellaneous. All other matters not covered by these
rules shall be decided by a majority of the Governing
Body. Robert's Rules of Order may be used as a guide.
16. Voting Procedure. When a majority vote cannot be
reached on matters where more than two (2) candidates
or propositions are at issue, the issue shall be
decided by successive votes wherein the candidate or
proposition receiving the least number of votes on
each vote shall be eliminated for the next vote until
a majority vote is reached. Preferential voting or
point system voting shall not be used.
h. Meetings will be adjourned at 11:00 p.m. unless the
Governing Body adopts a motion to continue.
Section 8. Conflict of Interest.
The Alameda Reuse and Redevelopment Authority shall abide by the
terms of the Political Reform Act of 1974 (California Government Code
Section 81000 et seq.). Members of the Governing Body and staff
shall not participate in any decision in which they have a conflict
of interest.
Section 9. Other Rules.
The Alameda Reuse and Redevelopment Authority may adopt such
other rules or by-laws for the conduct and control of its procedures
as are not inconsistent with its Joint Powers Authority Agreement or
By-Laws.
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Section 10.
These Rules and Procedures and Amendments thereof shall be
effective on the date of the adoption hereof and shall govern the
conduct of the Governing Body.
Section 11.
A copy of these Rules and Procedures and Amendments thereto
shall be filed in the office of the Secretary of the Alameda Reuse
and Redevelopment Authority.
5\RULESPRO.REV 07/24/95)
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