Ordinance 3356 CITY OF ALAMEDA ORDINANCE NO. 3356
New Series
AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE
AGREEMENT WITH THE ALAMEDA SWIMMING POOL ASSOICATION
WITH A TERM OF FOUR YEARS AND ELEVEN MONTHS FOR THE
OPERATON AND MAINTENANCE OF THE POOLS AT FRANKLIN PARK
AND LINCOLN PARK
WHEREAS, the City owns land at Franklin Park and Lincoln Park that have been
improved with swimming facilities ("Swimming Pools"); and
WHEREAS, the Alameda Swimming Pool Association, a not for profit organization
("ASPA"), has been operating and maintaining the Swimming Pools since design and
construction began in 1959; and
WHEREAS, City representatives, with City Council direction, have negotiated with
ASPA representatives to arrive at acceptable terms of a Lease Agreement such that the ASPA
will continue to operate and maintain the Swimming Pools; and
WHEREAS, the salient terms of the Lease Agreement include: a term of four years
and eleven months; no monthly rent but ASPA to reimburse the City for all water utility
costs; ASPA responsible for all maintenance and operations; ASPA to increase public
access to the Swimming Pools with clear marketing of programs, and membership
applications in coordination with the City, increased financial assistance also marketed by
the City, a voucher program for non-members and swim times for three Alameda non-profit
organizations; and a clear schedule for ASPA to implement certified lifeguards at all times
when the Swimming Pools are in use; and
WHEREAS, the Lease Agreement is not considered a disposition of surplus
property and therefore is not subject to the State Surplus Land Act.
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Alameda
that by four affirmative votes that:
Section 1. The City Manager of the City of Alameda or the City Manager's designee
is hereby authorized to execute on behalf of the City of Alameda, a Lease Agreement with
the Alameda Swimming Pool Association subject to such technical or clarifying revisions as
are reasonably determined necessary by the City Manager and approved by the City
Attorney, and the City Clerk is hereby authorized and directed to attest to the same.
Section 2. If any section, subsection, sentence, clause or phrase of this ordinance
if, for any reason, held to be 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 hereby declares that it would have passed this ordinance, and each
section, subsections, clause, or phrase hereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases are declared to be invalid and
unconstitutional.
Section 3. This ordinance shall be in full force and effect from and after the
expiration of thirty (30) days from the date of its final passage.
s
1,
Presiding Officer-of the City Council
Attest:
Lara Weisiger, City Clerk
I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly
adopted and passed by the Council of the City of Alameda in a regular meeting assembled
on this 17th day of October 2023, by the following vote to wit:
AYES: Councilmembers Daysog, Herrera Spencer, Jensen, and Mayor
Ezzy Ashcraft—4.
NOES: None.
ABSENT: Councilmember Vella — 1.
ABSTENTIONS: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
said City this 18th day of October 2023.
Lara Weisiger, City Clerk
City of Alameda
Approved as to form:
Yibin Shen, City Attorney City
of Alamed